CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of July 24, 2023 No. 146

About National Kurultai

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 29, 2023

National Kurultai - consultative, observant, public representative assembly which makes recommendations about the directions of social development, the solution of important issues of social and economic development of society and state, protection of the rights and freedoms of citizens, development of civil society and spiritual and ideological questions.

This constitutional Law determines the organization and procedure for activities of National Kurultai.

The provisions of other regulatory legal acts concerning National Kurultai shall correspond to this constitutional Law.

Article 1. Subject of regulation of this constitutional Law

This constitutional Law determines legal status of National Kurultai, the principles of its activities, procedure for election of delegates of National Kurultai, and also regulates the questions connected with the organization of carrying out National Kurultai.

Article 2. The main terms applied in this constitutional Law

1) National Council - advisory and consultative working body of National Kurultai which performs the activities on a voluntary basis;

2) the secretariat - the body of National Kurultai working at permanent basis;

3) regulations - the document approved by National Kurultai, regulating procedure for the organization and carrying out National Kurultai;

4) the delegate - the representative, the elected to National Kurultai in accordance with the established procedure;

5) provision - the document determining procedure for election of delegates of National Kurultai;

6) the working group - the group elected from delegates of National Kurultai, formed for preparation of questions and introduction of offers on the solution of the questions considered by National Kurultai;

7) counting board - the commission elected from delegates of National Kurultai for counting of votes and summing up vote on cases in point;

8) the resolution - the decision made by National Kurultai on the questions considered by it, having advisory nature.

Article 3. National Kurultai

1. The national Kurultai consists of 700 delegates elected only for carrying out National Kurultai.

2. Quoting of 700 delegates of National Kurultai is determined by the decision of the President of the Kyrgyz Republic by the principle of representation of regional, industry, ethnic, national and age origin. The procedure for elections of delegates is determined by the provision approved by National Council. The procedure for carrying out National Kurultai is determined by the regulations approved by delegates of National Kurultai.

3. Cannot be delegates of National Kurultai:

1) government and local government officers, deputies of Jogorku Kenesh of the Kyrgyz Republic and local keneshes;

2) foreign citizens (except labor migrants abroad);

3) the faces recognized as the judgment by incapacitated;

4) persons with outstanding criminal record in the procedure determined by the laws, and also persons condemned for heavy or especially serious crimes irrespective of whether their criminal record is extinguished or not;

5) persons under the age of of 21 years.

4. Powers of the delegate of National Kurultai stop in the following cases:

1) expiration of delegate term;

2) filing of application about voluntary surrender of the mandate;

3) the introduction in legal force of conviction of court concerning it;

4) death of the delegate;

5) the introduction in legal force of the judgment about recognition its incapacitated or recognition by his missing person;

6) transition to the public or municipal service.

5. The procedure for replacement of the vacant mandate of the delegate of National Kurultai which powers are stopped is determined by regulations.

Article 4. Principles of election of delegates of National Kurultai

1. Compulsion of citizens to participation or to refusal of participation in activities of National Kurultai, rendering impact on free expression by citizens of the opinion is forbidden.

2. The citizens of the Kyrgyz Republic living in the territory of the Kyrgyz Republic or beyond its limits have the right to be the elected delegates of National Kurultai.

3. Everyone has the right to be the elected delegate of National Kurultai irrespective of floor, nationality, religion according to this constitutional Law.

Article 5. The questions considered by National Kurultai

The national Kurultai is carried out for discussion of the questions connected with activities of public authorities and local government bodies, and also the following important issues:

1) offers on the questions submitted for referendum;

2) recommendations to concepts, programs, drafts of the laws aimed at the development of society and state;

3) spiritual and cultural development of the country;

4) preserving traditions and heritage of the people of the Kyrgyz Republic;

5) relation of the state and religious faiths;

6) provision of human rights and freedoms in the Kyrgyz Republic;

7) preserving ecology and care with natural resources;

8) decision of interregional and interethnic disputes and conflicts;

9) preserving historical, material spiritual heritage of the people of Kyrgyzstan and other important issues.

Article 6. Powers of National Kurultai

1. The national Kurultai hears information of state bodies on the main directions of social and economic and social and political development of the Kyrgyz Republic and accepts on them the recommendations. The procedure for consideration of questions is performed according to the regulations and the agenda.

2. National Kurultai:

1) exercises power to initiate legislation;

2) hears president's letters, reports of Toraga of Jogorku Kenesh, the Chairman of the Cabinet of Ministers, cabinet ministers, heads of other state bodies of the Kyrgyz Republic about their activities;

3) discusses other important issues of the state and social significance according to the proposal of the President, Toraga of Jogorku Kenesh, Cabinet of Ministers of the Kyrgyz Republic and offers on them the recommendations;

4) elects the representative in Council for cases of justice of the Kyrgyz Republic;

5) makes the offer to the President of the Kyrgyz Republic about dismissal of cabinet ministers of the Kyrgyz Republic and heads of other executive bodies.

Article 7. Procedure for realization of power to initiate legislation of National Kurultai

1. For initiation of bills by National Council the working group of representatives of National Kurultai with involvement of profile specialists is created.

2. The working group drafts bills according to requirements of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic".

3. The bill approved by a majority vote delegates of National Kurultai is submitted for consideration in Jogorku Kenesh of the Kyrgyz Republic.

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