of December 10, 2024 No. 750
About approval of the Concept of development of mediation in the Kyrgyz Republic
For the purpose of implementation of the State target program "Development of Justice System of the Kyrgyz Republic for 2023-2026" approved by the Presidential decree of the Kyrgyz Republic "About the State target program "Development of Justice System of the Kyrgyz Republic for 2023-2026" of March 3, 2023 No. 47, according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:
1. Approve the Concept of development of mediation in the Kyrgyz Republic (further - the Concept) according to appendix.
2. Bring in the order of the Government of the Kyrgyz Republic "About questions of the Ministry of Justice of the Kyrgyz Republic" of March 5, 2021 No. 78 the following change:
in Regulations on the Ministry of Justice of the Kyrgyz Republic approved by the above-stated resolution:
- Item 1 after words "criminal and executive activities," to add with the words "and also in the field of mediation".
3. To the Ministry of Justice of the Kyrgyz Republic:
- in a month to develop and approve the Actions plan on implementation of the Concept;
- bring the decisions into accord with this resolution.
4. Determine that the realization of this resolution is enabled within means of the involved state bodies and local government bodies provided by the republican and local budget on corresponding and the next years, and also at the expense of other sources which are not forbidden by the legislation of the Kyrgyz Republic.
5. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.
6. This resolution becomes effective after ten days from the date of official publication.
Chairman of the Cabinet of Ministers of the Kyrgyz Republic
A. Zhaparov
Appendix
to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 10, 2024 No. 750
Regarding 3rd article 61 of the Constitution of the Kyrgyz Republic it is fixed that the state provides development of extrajudicial and pre-judicial methods, forms and methods of protection of rights and freedoms of man and citizen. The national strategy of development for the Kyrgyz Republic for 2018-2040 approved by the Presidential decree of the Kyrgyz Republic "About the National strategy of development for the Kyrgyz Republic for 2018-2040" of October 31, 2018 No. 221, determined that the state will provide development of extrajudicial and pre-judicial methods, forms and methods of protection of rights and freedoms of man and citizen, at the same time guaranteeing the right of everyone to judicial protection. In the State target program "Development of Justice System of the Kyrgyz Republic for 2023-2026" approved by the Presidential decree of the Kyrgyz Republic "About the State target program "Development of Justice System of the Kyrgyz Republic for 2023-2026" of March 3, 2023 No. 47, (further - GTsP) sets the task about development of pre-judicial and extrajudicial (alternative) forms of the dispute resolution which will promote decrease in load of judicial system.
One of forms of pre-judicial and extrajudicial dispute settlement is the institute of mediation. Mediation - the procedure of dispute settlement with assistance of mediator (mediators) by coordination of interests of parties at variance for the purpose of achievement of the mutually acceptable agreement by them.
In the Kyrgyz Republic in 2017 the Law of the Kyrgyz Republic "About mediation" was adopted. So far practical activities are conducted in the field by the non-state organizations. Together with it significant impact of institute of mediation on system of the public relations in the Kyrgyz Republic requires acceptance of complex measures of the state support and forming of state policy.
The regulations regulating mediation application contain in the Civil code of the Kyrgyz Republic, the Code of civil procedure of the Kyrgyz Republic, the Criminal code of the Kyrgyz Republic, the Code of penal procedure of the Kyrgyz Republic, the Penitentiary code of the Kyrgyz Republic, the Family code of the Kyrgyz Republic, the Labor code of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About mediation", "About probation", "About notariate" and others. However so far any state body is not engaged in its development, there is no uniform state policy in this sphere. The institute of mediation needs state regulation on system basis in this connection it is necessary to determine authorized state body in the sphere of mediation which will enable the realization of state policy and state regulation of activities in the sphere of mediation.
The law of the Kyrgyz Republic "About mediation" regulates application of mediation in the disputes connected with civil, family and employment legal relationship. Mediation is also applied to the disputes arising from criminal legal relations in the cases which are directly provided by the law. The parties of mediation in the sphere of criminal legal relations are the victim and person suspected of crime execution.
According to statistical data of the Supreme Court of the Kyrgyz Republic for 2023 in Trial Courts 132523 cases (in 2022 arrived - 121754 cases) from them 91986 constitute civil cases (in 2022 - 79757 civil cases) and 10135 - criminal cases (in 2022 - 11146 criminal cases).
Apparently, the most part of cases are considered by courts and loading generally civil cases, such as disputes by inheritance constitute, cases on collection of the alimony, debt collection, recovery for work, annulment of marriage and others. Decrease in load of courts requires further enhancement of judicial system regarding the procedural legislation, namely: expansion of application of pre-judicial and extrajudicial procedure for the dispute resolution, development of conciliatory procedures, optimization of some legal proceedings (for example, inclusion of regulation in the Code of civil procedure of the Kyrgyz Republic about obligatory pre-judicial information and estimative meeting with mediator).
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.