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PRESIDENTIAL DECREE OF THE KYRGYZ REPUBLIC

of March 31, 2021 unitary enterprise No. 83

About Council for questions of enhancement of judicial and law-enforcement activities in case of the President of the Kyrgyz Republic

(as amended on 16-06-2022)

Now in the Kyrgyz Republic efficiency of justice and law-enforcement system causes complaints from civil society. Despite positive shifts in realization of judicial reform in the period of 1994-2017, the undertaken reforms did not change in general negative view of citizens of judicial and law-enforcement systems of the state.

From citizens, subjects of entrepreneurship claims to red tape by consideration of various categories of legal cases, violations of legality in case of administration of law because of what they develop mistrust to certain judges arrive.

Basis for successful carrying out reforms in judicial and law-enforcement systems is, including, and the high-quality level of the regulatory legal base. At the same time it is necessary to state that quality of number of the codes adopted in recent years and the laws underwent to serious criticism from judicial authority, law enforcement agencies, legal profession, expert community and citizens.

Because of shortcomings of the specified legal acts difficulties in law-enforcement practice and in activity of the courts inclusive are created, the number of appeals to courts of all levels increases, the rights of citizens and legitimate interests of legal entities are violated.

At present in society there is understanding that the existing problems can be solved by creation of the efficient mechanism of judicial protection of the rights and freedoms of citizens, legitimate interests of subjects of entrepreneurship for what it is extremely necessary to continue realization of judicial reform.

For the purpose of enhancement of judicial and law-enforcement activities, being guided by Articles 40, 60 and 65 Constitutions of the Kyrgyz Republic, I decide:

1. Form Council for questions of enhancement of judicial and law-enforcement activities in case of the President of the Kyrgyz Republic (further - Council) in structure according to appendix 1.

2. Approve the enclosed Regulations on Council (appendix 2) according to which under Council the expert working groups on preparation of suggestions for improvement of judicial and law-enforcement activities, project development of the corresponding regulatory legal acts and other measures act.

3. To the chief of staff of the President of the Kyrgyz Republic:

- in week time to form the expert working group on carrying out the analysis of application of the Criminal code of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses, the Code of the Kyrgyz Republic about violations, the Code of penal procedure of the Kyrgyz Republic, the Penitentiary code of the Kyrgyz Republic, the Code of civil procedure of the Kyrgyz Republic, the Administrative Procedure Code of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About probation", "About bases of amnesty and procedure for its application", "About mediation", "About the status of legal executives and about enforcement proceeding" and development of relevant proposals for Council;

- in a month to form other expert working groups on activities of Council.

4. To council to prepare and submit for consideration projects of strategy for enhancement of the regulatory legal acts concerning judicial and law-enforcement activities, enforcement proceeding and criminal executive system inclusive.

5. Assign organizational and methodical ensuring activities of Council and expert working groups to department of interaction with courts and bodies of prosecutor's office of Administration of the President of the Kyrgyz Republic, and material and other providing - to Administration of the President of the Kyrgyz Republic.

6. Recognize invalid the following acts of the President of the Kyrgyz Republic:

- The presidential decree of the Kyrgyz Republic "About measures for enhancement of justice in the Kyrgyz Republic" of August 8, 2012 No. 147;

- The presidential decree of the Kyrgyz Republic "About some measures taken within the undertaken judicial reform" of May 22, 2018 No. 124;

- the order of the President of the Kyrgyz Republic of November 26, 2019 No. 257.

7. I reserve control of execution of this Decree.

8. This Decree becomes effective from the date of official publication.

President of the Kyrgyz Republic

S. Zhaparov

Appendix 1

to the Presidential decree of the Kyrgyz Republic of March 31, 2021 No. 83

Structure of Council for questions of enhancement of judicial and law-enforcement activities in case of the President of the Kyrgyz Republic

Chairman of the board:

- President of the Kyrgyz Republic;

members of council:

- Attorney-General of the Kyrgyz Republic;

- the chairman of the Supreme Court of the Kyrgyz Republic (in coordination);

- the chairman of the board of judges of the Kyrgyz Republic (in coordination);

- First Deputy Chairman of the Cabinet of Ministers of the Kyrgyz Republic;

- the vice-chairman of the Cabinet of Ministers of the Kyrgyz Republic - the chairman of the State committee of homeland security of the Kyrgyz Republic;

- the chairman of Committee on the constitutional legislation, state system, judicial legal issues and Regulations of Jogorku Kenesh of the Kyrgyz Republic (in coordination);

- the chairman of Committee on law and order, fight against crime, anti-corruption of Jogorku Kenesh of the Kyrgyz Republic (in coordination);

- the chairman of Committee on the budget, economic and fiscal policy of Jogorku Kenesh of the Kyrgyz Republic (in coordination);

- Minister of Internal Affairs of the Kyrgyz Republic;

- Minister of Justice of the Kyrgyz Republic;

- the head of department of interaction with courts and bodies of prosecutor's office of Administration of the President of the Kyrgyz Republic, the secretary of Council;

- the chairman of the board of lawyers of Legal profession of the Kyrgyz Republic (in coordination);

- professor of department of the civil law and legal profession of the Jalal-Abad state university of B. Osmonov, the doctor of jurisprudence (in coordination);

- the director of legal clinic of Adilet (in coordination).

Appendix 2

to the Presidential decree of the Kyrgyz Republic of March 31, 2021 No. 83

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