Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of June 11, 2008

according to petitions of limited liability companies of broadcasting companies "Osh TV" and "TV Meson" for recognition of regulation of article 20 of the Law of the Kyrgyz Republic "About state language", determining that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language, the unconstitutional and contradicting Item 1 Article 4, to Item 3 of Article 5, to Item 3 of Article 13, to Item 6 of article 14 of the Constitution of the Kyrgyz Republic

Constitutional court of the Kyrgyz Republic in structure: chairman Sydykova S. K., vice-chairman Sutalinov A. A., A.A., Kenensariyev A. S. sudeyabdugaparova., Kurbanova Ch. Dzh., Mamyrova O. Zh., Musabekova Ch. A. and Togoybayeva Zh. Zh.,

court session secretary Umaraliyev S. M.,

Having heard the report of the judge Mamyrov O. Zh., speeches of directors of broadcasting companies "Osh TV" of Hudayberdiyev H. T. and "TV Meson" of Mirzakhodzhayev Zh. A., their representative Saliyev H. K., representative of Jogorku Kenesh of the Kyrgyz Republic Zhusupov M. K. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic petitions of limited liability companies of broadcasting companies "Osh TV" and "TV Meson" for recognition of regulation of article 20 of the Law of the Kyrgyz Republic "About state language", determining that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language, the unconstitutional and contradicting Item 1 Article 4, to Item 3 of Article 5, to Item 3 of Article 13, to Item 6 of article 14 of the Constitution of the Kyrgyz Republic arrived on March 31, 2008.

In reasons for petitions the following arguments are specified. Recently from state bodies to their broadcasting companies notes that more than 90% of broadcastings go in Uzbek arrived, than the requirement of article 20 of the Law of the Kyrgyz Republic "About state language", fixed is violated that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language.

Consider that the regulation of article 20 of the Law of the Kyrgyz Republic "About state language", determined that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language, contradicts Item 1 of Article 4, to Item 3 of Article 5, to Item 3 of Article 13, to Item 6 of article 14 of the Constitution of the Kyrgyz Republic and violates their rights of defense of private property, on preserving the native language, creation of condition for its studying and development, on freedom of thought, words and seals, and also on free expression of these thoughts and beliefs that attracts discrimination and infringement of the rights and freedoms based on language.

In judicial session directors of broadcasting companies "Osh TV" and "TV Meson" Hudayberdiyev H. T. and Mirzakhodzhayev Zh. A., and also their representative Saliyev H. K. supported the requirements and declared that agree that part of transfers shall be conducted in state language, but do not agree with the limit of amount of broadcasting established in article 20 of the Law of the Kyrgyz Republic "About state language" and asked to satisfy petitions.

Representative of Jogorku Kenesh of the Kyrgyz Republic Zhusupov M. K. did not agree with arguments of petitions and asked to refuse their satisfaction.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers petitions of limited liability companies of broadcasting companies "Osh TV" and "TV Meson" are not subject to satisfaction on the following bases.

One of the main signs of the sovereign state is the state language. Therefore, in Item 1 of article 5 of the Constitution of the Kyrgyz Republic it is fixed that state language of the Kyrgyz Republic is the Kyrgyz language. The state language, its provision, use and development is one of the most important means of strengthening and enhancement of statehood of the Kyrgyz people provided in preamble of the Constitution of the Kyrgyz Republic.

Considering accommodation of representatives of other nationalities in the territory of the Kyrgyz Republic, the Constitution of the Kyrgyz Republic Item 3 of Article 5 guarantees to representatives of all nationalities forming the people of Kyrgyzstan, the right to preserving the native language, creation of conditions for its studying and development.

For the purpose of implementation of the specified requirements of the Constitution, the disputed provision enshrined in article 20 of the Law of the Kyrgyz Republic "About state language" that broadcasting companies conduct more than a half of the transfers in state language is directed not only to protection of the state language which is one of signs of sovereignty of the Kyrgyz Republic, but also at the same time on providing the rights of representatives of other nationalities of Kyrgyzstan to free use of their native language, creation of conditions for its studying and development, granting the right of broadcasting of half of the transfers in the native language.

The state determines policy, the legal basis of activities of state bodies, television and broadcasting organizations in the field of television and broadcasting. This regulation is based on an equal basis with others on the principles of inadmissibility of abuse of freedom of activities of the television and broadcasting organizations.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

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

Get help

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.

Search engine created by SoyuzPravoInform LLC.