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LAW OF THE KYRGYZ REPUBLIC

of November 16, 2022 No. 106

About Regulations of Jogorku Kenesh of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on October 20, 2022

(as amended on 09-01-2024)

The regulations of Jogorku Kenesh of the Kyrgyz Republic (further - these Regulations) determine procedure and procedures of implementation by Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh) the powers provided by the Constitution of the Kyrgyz Republic (further - the Constitution) and the laws of the Kyrgyz Republic.

Section I of the Basis of activities of Jogorku Kenesh

Chapter 1. General provisions

Article 1. The terms used in these Regulations

In these Regulations the below-stated determinations and concepts have the following values:

1) alternative bills - the bills which arrived in Jogorku Kenesh from different subjects of the legislative initiative, directed to regulation of the same public relations;

2) base of bills - the code officially the projects of regulatory legal acts which arrived and registered in Jogorku Kenesh;

3) the state (national) interests - the interests caused by requirements of survival, safety and development of the country, and also values of historical and cultural heritage, conduct of life, aspirations and incentives of activities of subjects of state policy which serve enhancement of national power of the state and growth in prosperity of most of citizens;

4) the legislative offer - offers of fraction, deputy group, committee, the deputy elected on the single-candidate district or Jogorku Kenesh to the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers) about project development of the law or other regulatory legal act;

5) the elected deputy - the candidate of Jogorku Kenesh registered by the Central commission on elections and holding referenda of the Kyrgyz Republic (further - Central Election Commission) as the deputy, but not entered the powers yet (after official publication of election results or according to the procedure of replacement of the vacant mandate);

6) conflict of interest - situation in case of which valuable or other private interests of deputies in case of execution of the obligations assigned to them are in conflict with public and state (national) concerns;

7) Coordination council of Jogorku Kenesh (further - Coordination council) - the standing body of Jogorku Kenesh created for the collective solution of questions of the effective organization of activities of Jogorku Kenesh;

8) linguistic project appraisal of the law - comparative and editorial examination of texts of the bill in the state and official languages on authenticity and internal coordination, assessment of conformity of the text of the bill to regulations of modern Kyrgyz and Russian languages taking into account features of rules of legal method and making recommendations about elimination of grammatical, syntactic, stylistic, logical, editorial and technical mistakes and mistakes in use of terms;

9) private interest - material or other benefit which is aimed to be received or is received directly or indirectly, for themselves or the relatives by officials, deputies of Jogorku Kenesh as a result of accomplishment of the service duties;

10) public interest - the interest of any person (persons) connected with ensuring wellbeing, stability, safety and sustainable development of society;

11) public examination - the expertize which is carried out by the independent public or expert organizations, national or international experts;

12) open voting - method of vote in case of which declaration of will and results of roll-call vote of deputies for one of answer options are fixed (pro, contra);

13) the bill (bill) - the project of regulatory legal act officially submitted by subjects of the legislative initiative for consideration of Jogorku Kenesh;

14) the minutes - the document fixing the meeting course from the beginning before completion;

15) the shorthand report of meeting - the document representing the literal oral speech of participants of meetings of Jogorku Kenesh, fraction, deputy group, committee, commission, and also other actions organized by Jogorku Kenesh reproduced from audio recording;

16) the person of law of the legislative initiative - the subject having rights to submit on its own behalf for consideration of Jogorku Kenesh drafts of the laws;

17) secret vote - the type of vote in case of which vote of participants is performed anonymously and is excluded control of declaration of will voting for one of answer options (pro, contra);

18) number of the deputies who are present at meeting - the number of the deputies of Jogorku Kenesh registered before carrying out vote.

The terms used in these Regulations, but which are not containing in this Article are used according to their commonly accepted value.

Article 2. Jogorku Kenesh

1. The Jogorku Kenesh - parliament of the Kyrgyz Republic - is the supreme representative body performing legislature and control functions within the powers.

2. The Jogorku Kenesh consists of 90 deputies and is elected for a period of 5 years.

3. Deputies of Jogorku Kenesh can be recalled according to the procedure and the cases provided by this Regulations and the law on the status of the deputy of Jogorku Kenesh.

4. Powers of Jogorku Kenesh of new convocation begin from the date of adoption of the oath by most of deputies of the constitutional structure at its first meeting. Powers of Jogorku Kenesh of former convocation stop from the date of the first meeting of Jogorku Kenesh of new convocation.

5. The Jogorku Kenesh performs the provided powers according to the procedure, determined by these Regulations.

6. The Jogorku Kenesh, its bodies and officials are guided in the activities by these Regulations and other regulatory legal acts.

Article 3. Powers of Jogorku Kenesh

1. Treat powers of Jogorku Kenesh:

1) calling of an election of the President of the Kyrgyz Republic (further - the President);

2) introduction of the offer to the President about the holding referendum according to the procedure established by the Constitution;

3) modification and amendments in the Constitution according to the procedure, established by the Constitution;

4) adoption of the laws;

5) de novo review of the laws returned with the President's objections;

6) official interpretation of the laws;

7) ratification and denouncement of international treaties according to the procedure, determined by the law;

8) solution of questions of change of frontiers of the Kyrgyz Republic;

9) approval of the republican budget;

10) hearing of the annual report of the Cabinet of Ministers on execution of the republican budget;

11) consideration of questions of the administrative-territorial device of the Kyrgyz Republic;

12) publication of acts of amnesty;

13) control of execution of the laws and decisions of Jogorku Kenesh;

14) consent on appointment of the Chairman of the Cabinet of Ministers, his deputies and cabinet ministers;

15) election on representation of the President and based on the offer of Council for cases of justice of judges of the Constitutional court of the Kyrgyz Republic (further - the Constitutional court) and the Supreme Court of the Kyrgyz Republic (further - the Supreme Court) at least a half of voices from total number of deputies of Jogorku Kenesh; release them from post on representation of the President in the cases provided by the Constitution, the constitutional laws and these Regulations;

16) consent on appointment of the candidates provided by the President, chairmen of the Constitutional court and the Supreme Court from the list of judges for a period of 5 years at least a half of voices from total number of deputies of Jogorku Kenesh;

17) consent on representation of the President based on the offer of Judicial council on release from post of chairmen of the Constitutional court and the Supreme Court in the cases provided by the constitutional laws;

18) statement of structure of Council for justice cases according to the procedure, provided by the constitutional law and these Regulations;

19) election on representation of the President of the chairman of National Bank of the Kyrgyz Republic (further - National Bank); release it from position in the cases provided by the law;

20) election on representation of the President of half of structure of Central Election Commission, other half - on own initiative; release them from position in the cases provided by the law;

21) election on representation of the President of one third of structure of Audit Chamber, two thirds - on own initiative; release them from position in the cases provided by the law;

22) election of Akyykatchy (Ombudsman) and release it from position in the cases provided by the law; consent on attraction it to criminal liability;

23) election of deputies of Akyykatchy (Ombudsman) for representation of Akyykatchy (Ombudsman) and release them from position in the cases provided by the law; consent on attraction them to criminal liability;

24) election, in the cases provided by the law, early response of members of Coordination council of the National center of the Kyrgyz Republic for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment (further - the National center) from among deputies of Jogorku Kenesh;

25) consent on appointment, release and criminal prosecution on representation of the President of the Attorney-General of the Kyrgyz Republic (further - the Attorney-General) at least than a half of voices from total number of deputies of Jogorku Kenesh;

26) approval by the majority at least two thirds of voices of total number of deputies of Jogorku Kenesh of initiative of one third of total number of deputies of Jogorku Kenesh about dismissal of the Attorney-General in the cases provided by the law;

27) introduction of emergency state according to the procedure and the cases provided by the constitutional law; approval or cancellation of presidential decrees on this matter;

28) solution of questions of war and peace; introduction of warlike situation; announcement of state of war; approval or cancellation of presidential decrees on these questions;

29) the solution of question of possibility of use of Armed Forces of the Kyrgyz Republic beyond its limits in need of accomplishment of interstate contractual commitments on peacekeeping and safety;

30) establishment of military ranks, diplomatic ranks and other special ranks of the Kyrgyz Republic;

31) organization of the state awards, state awards and honorary titles of the Kyrgyz Republic;

32) hearing of annual messages, information of the President and speeches of representatives of foreign states, international organizations;

33) hearing of the annual report of the chairman of Central Election Commission;

34) hearing annual and special reports of Akyykatchy (Ombudsman);

35) hearing annual and special reports of the National center;

36) hearing of annual reports of the Attorney-General, chairmen of National Bank, Audit Chamber;

37) consideration of information of the Supreme Court on activities of judicial system of the Kyrgyz Republic provided in written (electronic) type;

38) raising of allegations against the President; decision making about the dismissal of the President from position according to the procedure provided by the Constitution;

39) creation of the state medical commission in case of impossibility of implementation by the President of the obligations due to illness;

40) decision making about early release of the President from position based on the conclusion of the state medical commission at least than two thirds of voices of total number of deputies of Jogorku Kenesh;

41) hearing of times in two years of the report on impact of the legislation on development of the local self-government in the Kyrgyz Republic submitted for consideration of Jogorku Kenesh by merging of local government bodies (association, the union) which unites at least a half from total number of local government bodies;

42) election of Jogorku Kenesh as Toraga (Torayy) (further - Toraga), his deputies, chairmen of committees and their deputies; formation of committees, temporary commissions and forming of their structures; hearing of annual reports of officials of Jogorku Kenesh, their response;

43) decision making about self-dissolution.

2. The powers of Jogorku Kenesh provided by Items 3-9, 11-12, 30-31 of part of 1 this Article are implemented by means of adoption of the laws, other powers, except for Items 32 and 41 - resolutions.

3. Hearing of annual reports and reports of officials of the state bodies specified in this Article is performed taking into account provisions of the Constitution and the laws on independence and independence of state bodies and their officials.

4. The Jogorku Kenesh realizes other powers provided by the Constitution and the laws of the Kyrgyz Republic.

Article 4. Principles of activities of Jogorku Kenesh

The Jogorku Kenesh performs the activities, based on the principles:

1) opennesses, except as specified, established by these Regulations;

2) execution of the powers for the benefit of the people;

3) responsibility to the people and the voters;

4) observance and respect of the universally recognized norms of international law;

5) observance of the Constitution, laws, these Regulations and other regulatory legal acts of the Kyrgyz Republic;

6) free expression of opinions and joint decision making;

7) political variety and multi-party system;

8) respect for proportionality of representative office of fractions and deputy groups in management of Jogorku Kenesh and its bodies;

9) providing representation no more than 70 percent of same-gender persons in bodies of Jogorku Kenesh.

Article 5. Jogorku Kenesh location

1. The permanent location of Jogorku Kenesh is the capital of the Kyrgyz Republic - the city of Bishkek.

2. In necessary cases according to the solution of Toraga of meeting of Jogorku Kenesh can be carried out in other place.

Meetings of Jogorku Kenesh and its bodies during emergency situation or action of emergency state in all territory of the Kyrgyz Republic or on its part covering the venue of meetings of Jogorku Kenesh and its bodies can be held in the videoconference mode.

The decision on holding meeting in the mode of videoconference is made Toraga or at least one third of voices of total number of deputies.

3. Placement in the building of Jogorku Kenesh and in its territory of other bodies and organizations is allowed with the consent of Jogorku Kenesh.

4. The procedure for stay and stay in buildings and in the territories which are under authority of Jogorku Kenesh is determined by the provision approved by Jogorku Kenesh.

Chapter 2. Preparation and opening of the first session of new convocation of Jogorku Kenesh

Article 6. Forming and organization of work of preparatory group

1. For the organization of the first meeting of Jogorku Kenesh at the initiative of the batches which crossed the election threshold, and the deputies elected on single-candidate districts in attendance procedure the Preparatory group of deputies of Jogorku Kenesh is created.

2. The preparatory group is headed by the oldest elected deputy of Jogorku Kenesh on age.

3. The preparatory group works according to the procedure, established by these Regulations for committees of Jogorku Kenesh, except for control powers and holding private meetings, and stops the activities after the end of the first meeting.

4. The Preparatory group reports on the carried-out work at the first meeting of Jogorku Kenesh of new convocation.

Article 7. Information support of the elected deputies for participation in the first meeting

The deputy of Jogorku Kenesh in 3 days prior to the first meeting can request from the relevant department of the Office of Jogorku Kenesh (further - the Device) the following materials:

1) text of the Constitution;

2) text of the law on the status of the deputy of Jogorku Kenesh;

3) text of Regulations of Jogorku Kenesh;

4) structures of Jogorku Kenesh and Device;

5) information about newly elected deputies;

6) list of officials of the Device, their contact information.

Article 8. First meeting of Jogorku Kenesh

1. The first meeting of Jogorku Kenesh of new convocation is held no later than 15 calendar days after determination of official election results.

2. The first meeting of Jogorku Kenesh is opened by the oldest elected deputy on age who performs functions of the chairman before election of Toraga.

The meeting of Jogorku Kenesh begins with execution of the National anthem of the Kyrgyz Republic.

3. The chairman gives floor to the chairman of Central Election Commission for announcement of election results in Jogorku Kenesh and deliveries to deputies of the certificate and breastplate of the established sample.

4. The elected deputy, having put the right hand on the text of the Constitution, takes the oath of the following content before Jogorku Kenesh:

"I..., starting execution of powers of the deputy of Jogorku Kenesh of the Kyrgyz Republic, I swear on fidelity to the Kyrgyz Republic and I swear to observe the Constitution and the laws of the Kyrgyz Republic, to responsibly fulfill the duties for the benefit of all people, to protect sovereignty, territorial integrity and independence of the Kyrgyz state".

5. Departures from the text of the oath and the procedure of its bringing are not allowed. In case of departure the oath is taken repeatedly.

6. Control of observance of the procedure of bringing of the oath is exercised by Preparatory group of Jogorku Kenesh.

7. The procedure for bringing of the oath by the deputy who came to the place of the deputy who ahead of schedule stopped powers is performed according to part 4 of this Article.

8. Powers of the deputy of Jogorku Kenesh begin from the date of bringing of the oath by it.

Article 9. The questions which are subject to first-priority consideration by Jogorku Kenesh

1. After the introduction in powers of deputies of Jogorku Kenesh of new convocation the following questions are subject to first-priority consideration:

1) forming of counting board for election of Toraga and his deputies;

2) forming of the permanent commission on control of electronic system of vote;

3) election of Toraga and his deputies;

4) approval of structure of Jogorku Kenesh;

5) election of chairmen of committees and their deputies;

6) forming of structures of committees of Jogorku Kenesh.

2. The sequence of consideration of the above-stated questions is determined by the agenda of meeting.

According to the decision of Jogorku Kenesh other questions also can be carried to questions of first-priority consideration.

Chapter 3. Parliamentary fractions, deputy groups, the deputies elected on single-candidate districts

Article 10. Parliamentary fraction

1. Parliamentary fraction (further - fraction) - consolidation of deputies of Jogorku Kenesh, the elite according to the list of political party and on the single-candidate constituency.

2. The fraction acquires the official status from the moment of the announcement of its creation, names, payroll, the leader and other heads of fraction at meeting of Jogorku Kenesh. The decision of fraction is submitted to in writing chairman.

3. The deputy elected according to the party list, replacing ahead of schedule disposed deputy becomes the member of the relevant fraction from the moment of bringing of the oath.

4. The refusal of the deputy elected according to the party list from the accession to fraction and exit from fraction of the same batch is not allowed.

5. The fraction performs the activities independently and acts on the basis of the regulations on fraction which are not contradicting these Regulations.

6. The fraction has the right to consider previously the questions which are subject to consideration by Jogorku Kenesh for determination of the political line item on them. By results of their consideration the fraction makes the decisions obligatory for members of fraction. The fraction has the right to authorize the members for scoring of amendments according to the procedure, established by these Regulations.

7. Activities of fraction stop in cases:

1) terminations of powers of Jogorku Kenesh;

2) self-dissolution of Jogorku Kenesh.

8. The termination or suspension of operations of batch does not influence legal status of its fraction in Jogorku Kenesh.

Article 11. Deputy group

1. Deputy groups - consolidation of deputies of Jogorku Kenesh, the elite on single-candidate districts who did not be part of fractions.

2. Deputies of Jogorku Kenesh, the elite on the single-candidate districts having the right to create deputy groups of at least 7 deputies.

3. The deputy of Jogorku Kenesh has the right to be member only of one deputy group.

4. Deputy groups have the same rights, as fractions.

5. The deputy group from the moment of the announcement of its education, the name, payroll, the head at meeting of Jogorku Kenesh acquires the official status. The written solution of deputy group is submitted to the chairman.

6. Deputy groups carry out work based on the regulations on deputy groups which are not contradicting these Regulations.

7. Deputy groups stop the activities in the following cases:

1) termination of powers of Jogorku Kenesh;

2) self-dissolution of Jogorku Kenesh;

3) if the number of deputy group is less than 7 deputies.

Article 12. Management of fraction and deputy group

1. The fraction is headed by the leader elected by it, and deputy group - the head elected by it.

2. The candidate for the leader of fraction and the head of deputy group is represented at the initiative of one third of total number of members of fraction, deputy group and is chosen by a majority vote from their total number.

3. The offer on release of the leader of fraction or the head of deputy group is introduced at the initiative of one third of total number of members of fraction, deputy group and is accepted by a majority vote from their total number.

4. Powers of the leader of fraction and (or) head of deputy group:

1) represents fraction, deputy group in Jogorku Kenesh and beyond its limits;

Will organize 2) and coordinates work of fraction and (or) deputy group;

3) signs decisions of fraction and (or) deputy group;

4) exercises control of respect for intra fractional and (or) intra group discipline;

5) according to the decision of fraction and (or) deputy group proposes candidacies in structure of Jogorku Kenesh;

6) is controlled by execution of decisions of fraction and (or) deputy group;

7) according to the decision of fraction and (or) deputy group discloses their political line item on the discussed question at meeting;

8) provides interaction of fraction, deputy group with management of Jogorku Kenesh and other branches of the government;

9) offers representatives in structure of counting board and permanent commission on control of electronic system of vote;

10) is provided by participation of members of fraction, deputy group in meetings of Jogorku Kenesh, committees, temporary commissions, and also in actions of Jogorku Kenesh;

11) presents candidacies for appointment to the secretariats of fraction, deputy group and performs the common directorship over them;

12) performs other powers according to regulations on fraction, deputy group.

5. The leader of fraction and (or) the head of deputy group cannot hold at the same time Toraga's positions, the deputy Toraga, the chairman and the vice-chairman of committee and the temporary commission.

Article 13. The rights of fraction, the deputy group and deputies elected on single-candidate districts and which did not enter into fractions and deputy groups

1. The fraction, deputy group have the right:

1) to express political line item on the questions considered by Jogorku Kenesh, and also to announce the opposition;

2) to delegate the representative of fraction, deputy group to make the statement, reports, supporting reports, messages and offers on behalf of fraction, deputy group;

3) to participate in meetings, joint with other fractions, deputy groups, to invite to meetings of fraction, deputy group of interested persons, to consult with experts and specialists;

4) to make offers according to the plan of legislative activities and to the annual work plan of Jogorku Kenesh;

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