of March 20, 2008 No. 35
About bodies of judicial self-government
It is accepted by Jogorku Kenesh of the Kyrgyz Republic on February 15, 2008
This Law determines the basic principles of the organization and activities of bodies of judicial self-government, establishes their legal status.
1. Judicial self-government is the organization of judicial community resolving issues of internal activity of the courts through the bodies.
2. Judicial self-government is based on principles of collective leadership, unities of the status of judges, publicity, independence of judicial authority, selectivity, removability and accountability of persons, elected to bodies of judicial self-government.
1. The judicial community consists of all judges of the Kyrgyz Republic. Judges are members of judicial community from the moment of bringing of the oath of the judge by them.
2. The judge staying in resignation keeps the belonging to judicial community and from its consent before the termination of resignation can be involved in bodies of judicial community.
The organization, competence and procedure for activities of bodies of judicial self-government in the Kyrgyz Republic are determined by the Constitution of the Kyrgyz Republic, the constitutional laws, this Law and other regulatory legal acts which came in the procedure established by the law into force international treaties which participant is the Kyrgyz Republic, and also the conventional principles and rules of international law which are component of system of law of the Kyrgyz Republic.
1. Bodies of judicial self-government perform functions within the powers established by this Law for expression and protection of interests of judges as carriers of judicial authority.
2. Bodies of judicial self-government are:
1) congress of judges of the Kyrgyz Republic (further - congress of judges);
2) Judicial council of the Kyrgyz Republic (further - Judicial council);
3) meeting of judges of the Kyrgyz Republic (further - meeting of judges).
3. The procedure for forming and activities of bodies of judicial self-government and their relation are determined by congress of judges of the Kyrgyz Republic.
4. Persons, the elected to bodies of judicial self-government, perform the activities on a voluntary basis.
5. Activities of congress of judges and Judicial council are regulated by their regulations.
6. On the discussed questions bodies of judicial self-government make decisions, and also appeals to state bodies, public associations and officials which are subject to consideration in a month.
7. After term of office of Judicial council of its power remain before holding the regular congress of judges.
8. Bodies of judicial self-government cannot interfere with activities for administration of law.
The main objectives of bodies of judicial self-government are:
- protection of the rights and legitimate interests of judges;
- assistance in enhancement of judicial system and legal proceedings;
- representation of interests of judges in the relations with state bodies, local government bodies and their officials, public associations and the international organizations;
- ensuring accomplishment by judges of requirements of faultlessness of behavior of judges.
1. The congress of judges is the supreme body of judicial self-government.
2. The congress of judges is convened once in three years according to the decision of Judicial council of the Kyrgyz Republic which establishes date, time and the venue of congress. The extraordinary congress of judges is convened according to the decision of Judicial council or at the initiative of at least one third of all judges of the Kyrgyz Republic.
Paragraph two of ceased to be valid
3. The congress of judges is considered competent if at least a half from the total number of judges of the Kyrgyz Republic take part in its work.
4. The Chairman of the board of judges, and in case of its absence - the vice-chairman presides over congress of judges.
5. The decision of congress is made by a majority vote from number of attendees if the congress does not establish other procedure for decision making.
1. Congress of judges:
- approves the Regulations of congress of judges, Regulations of Judicial council and other acts regulating activities of bodies of judicial self-government;
- determines the main directions of policy of judicial branch of the power and sets tasks before Judicial council, aimed at providing independence of the courts, and also protection of the rights, legitimate interests of judges;
- approves the draft of the concept of judicial reform;
- approves the Code of honor of the judge;
- discusses problems of court practice and enhancement of the legislation;
- accepts appeals on behalf of judicial community to state bodies and local government bodies, their officials, public associations and citizens of the Kyrgyz Republic;
- elects members of council of judges;
- hears the report of Judicial council;
- resolves other issues of judicial community.
3. Decisions of congress of judges have binding character for members of judicial community.
1. The judicial council is the elected body of judicial self-government operating during the period between congresses of judges, pursuing policy of the supreme body of judicial self-government. The judicial council is accountable to congress of judges.
2. The judicial council is elected congress of judges by a majority vote from number of the judges who are present at congress.
3. The judicial council is created as a part of fifteen members elected from among members of judicial community for a period of three years taking into account gender representation no more than seventy percent of same-gender persons.
Offers on candidates in members of council of judges are submitted for consideration of congress of judges by meetings of judges. The list of candidates along with judges of local courts can include no more than three judges of the Supreme Court and one judge of the Constitutional chamber of the Supreme Court.
When forming new structure of Judicial council the congress of judges takes need of ensuring succession for work of Judicial council into account.
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