NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of July 13, 1998

On representations of deputies of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of Dil Valery Isidorovich, Ismailova of Essen of Zhumazovich and deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Gogayev Boris Hamitovich, Madumarov Adakham Kimsanbayevich about the dispute resolution connected using Item 2 of article 43 of the Constitution of the Kyrgyz Republic on possibility of participation of the President of the Kyrgyz Republic Askar Akayev on regular elections of the President of the Kyrgyz Republic in 2000

Constitutional court of the Kyrgyz Republic in structure: Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., P.N., Kenensariyev A. S. sudeydryzhaka., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

Having heard the report of the vice-chairman of the Constitutional court of the Kyrgyz Republic Sutalinov A. A., speeches of deputies of Jogorku Kenesh of the Kyrgyz Republic of Gogayev B. H., Dilya V. I. and Ismailova E. Zh., vice-chairman of the national commission on state language in case of the President of the Kyrgyz Republic Akmatov K. A. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic representation of deputies of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of Dil V. I. arrived on March 6, 1998., Ismailova E. Zh. and deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Gogayev B. of X. about the dispute resolution, the participation of the President of the Kyrgyz Republic Askar Akayev connected using Item 2 of article 43 of the Constitution of the Kyrgyz Republic on opportunity on regular elections of the President of the Kyrgyz Republic in 2000.

In the representation they specify that now in mass media the question is discussed whether the President of the Kyrgyz Republic Askar Akayev can stand at election of the president of the Kyrgyz Republic in 2000. Deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic Kadyrbekov I. D., Sadyrbayev D. S., Cholponbayev M. Sh. in mass media about it already told that on regular elections of the President of the Kyrgyz Republic in 2000 the current President of the Kyrgyz Republic Askar Akayev cannot take part as he is already in public elected twice: in 1991 and 1995 and in this position the second term stays. Deputies Dil V. I., Ismailov E. Zh. and Gogayev B. H. consider this line item wrong, believing that according to Item 2 of article 43 of the Constitution of the Kyrgyz Republic for the first term Askar Akayev is elected the President of the Kyrgyz Republic in 1995. The elections of 1991 held based on the Constitution of the Kyrgyz SSR of April 20, 1978 and referendum of 1994 concerning powers of the President of the Kyrgyz Republic Askar Akayev have no relation to election as its President of the Kyrgyz Republic for the term, stipulated in Item 2 articles 43 of the Constitution of the Kyrgyz Republic.

On March 19 and on June 17, 1998 in the Constitutional court of the Kyrgyz Republic representation of the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Madumarov A. K. arrived., in which he considers that the first presidential term of Askar Akayev is estimated from 1990 to 1995, and after elections of 1995 the second term is estimated. Considering the available disagreements in application of Item 2 of article 43 of the Constitution of the Kyrgyz Republic prohibiting to the same person to be the elected President of the Kyrgyz Republic more than two terms in a row he asks to solve dispute on possibility of participation of the President of the Kyrgyz Republic Askar Akayev in election of the president of the Kyrgyz Republic in 2000.

Having listened to arguments of deputies and having studied the provided materials, the Constitutional court of the Kyrgyz Republic determined that the post of the President of the Kyrgyz Soviet Socialist Republic founded the Supreme Council of the Kyrgyz Soviet Socialist Republic on October 24, 1990 the Law of the Kyrgyz SSR "About organization of post of the President of the Kyrgyz SSR and modification and amendments in the Constitution (Fundamental law) of the Kyrgyz SSR". In the Section third this Law it is determined that the first President of the Kyrgyz SSR is elected by the Supreme Council of the Kyrgyz SSR secret vote for five years, and part 1 of article 114-1 of the Constitution of the Kyrgyz SSR provided that the same person cannot be the President of the Kyrgyz SSR more than two terms in a row.

The Supreme Council of the Kyrgyz SSR, the resolution No. 230-XII of October 27, 1990, elected the President of the Kyrgyz Soviet Socialist Republic Askar Akayev.

Afterwards, the resolution No. 577-XII of August 31, 1991 the Supreme Council of the Republic Kyrgyzstan, having adopted "The declaration on the state independence of the Republic Kyrgyzstan", on the same day, the resolution No. 568-XII, appointed election of the president of the independent Republic Kyrgyzstan to October 12, 1991 and the resolution No. 569-XII proposed as the candidate for president of the Republic Kyrgyzstan of Askar Akayev.

According to the resolution No. 108 of October 15, 1991 of Central Election Commission on election of the president of the Republic Kyrgyzstan "About results of vote on election of the president of the Republic Kyrgyzstan", Askar Akayev, 1944 year of birth living in Bishkek is elected the President of the Republic Kyrgyzstan.

Carrying out at the initiative of the Supreme Council of the Republic Kyrgyzstan of national uncontested elections after adoption of "The declaration on the state independence of the Republic Kyrgyzstan" and election as the President of the Republic Kyrgyzstan of Askar Akayev, the Constitutional court of the Kyrgyz Republic regards on October 12, 1991 as the objective forced procedure aimed at providing legitimacy of the President of the independent state - the Republic Kyrgyzstan and its powers determined by the Constitution of the Kyrgyz SSR of April 20, 1978 with changes and additions made by the Law of the Kyrgyz SSR of October 24, 1990 "About organization of post of the President of the Kyrgyz SSR and modification and amendments to the Constitution (Fundamental law) of the Kyrgyz SSR".

The twelfth session of the twelfth convocation of the Supreme Council of the Republic Kyrgyzstan accepted on May 5, 1993 the first Constitution of the independent Kyrgyz Republic. With respect thereto and considering that powers of the first President of the Republic Kyrgyzstan were determined by the Constitution of the Kyrgyz SSR of 1978, on January 30, 1994 in all territory of the Kyrgyz Republic the referendum on the question "Whether Confirms the People of Kyrgyzstan that the President of the Republic Kyrgyzstan, in Public Chosen on October 12, 1991 for 5 Years, Is the President of the Kyrgyz Republic and Has the Right to Perform the Powers Established by the Constitution of the Kyrgyz Republic for the term of Its Election" is held.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info