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CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of April 30, 2009 No. 149

About warlike situation

(as amended on 18-03-2017)

This constitutional Law determines procedure for the announcement of introduction, cancellation and maintenance of warlike situation; powers of state bodies of wartime; governs legal relations of the state and citizens of the Kyrgyz Republic, foreigners and stateless persons, and also the organizations irrespective of forms of business during action of warlike situation.

Chapter 1 General provisions

Article 1. Basic concepts

Warlike situation - the particular legal regime introduced in all territory of the republic or in its certain areas for the purpose of creation of conditions for reflection of aggression against the Kyrgyz Republic in case of aggression (armed attack) or direct threat of aggression against the Kyrgyz Republic.

Aggression - illegal, direct or indirect use of the armed force by other state against the Kyrgyz Republic or otherwise, incompatible with the Charter of the UN.

The announcement of state of war - the presidential decree of the Kyrgyz Republic addressed to the population of the Kyrgyz Republic and lit in mass media about the termination with the state (states) of the peace relations and transition in the relation with it to state of war in case of armed attack from its party on the Kyrgyz Republic.

State of war - the relations between the Kyrgyz Republic and the state (states) to which it passes from the moment of declaration of war or actual start of military operations and which proceed before the end of military operations or the conclusion between them the peace treaty.

Direct threat of aggression - set of the signs specified in Article part three 2 presents of the constitutional Law, determining real possibility of unleashing of aggression against the Kyrgyz Republic.

Military operations - organized use of forces and means for accomplishment of objectives; are conducted by connections and parts of Armed Forces of the Kyrgyz Republic and other military forming in the form of fighting according to regulatory legal acts of the Kyrgyz Republic, orders and directives of the Commander-in-chief of Armed Forces of the Kyrgyz Republic, and also according to the conventional principles and rules of international law and international treaties which became effective in the procedure established by the law, in the field.

Wartime - the period of finding of the Kyrgyz Republic in state of war with other state (states). It begins with the moment of declaration of war or actual start of military operations and comes to an end with the announcement of the war termination, but not earlier than the actual end of military operations.

Military command - bodies of military management to which accomplishment of strategic, operational tasks and administrative functions in wartime is assigned.

Territorial defense - protection of objects and communications in the territory of the Kyrgyz Republic from actions of the opponent, diversionary and acts of terrorism and other types of threats, and also establishment and maintenance of warlike situation.

Forces and means of territorial defense - reserve forming, connections, parts, organizations of Armed Forces of the Kyrgyz Republic, other military forming and law enforcement agencies of the Kyrgyz Republic, other state bodies, local government bodies intended for protection of the population, objects and communications in the territory of the Kyrgyz Republic from actions of the opponent, diversionary or acts of terrorism and also for introduction and maintenance of the mode of warlike situation.

The curfew - the measure entered in case of warlike situation, with indication of terms and time of its action for the purpose of ensuring protection of public order and safety, suppression of intelligence, diversionary and other unlawful activity, prohibiting to the population without specially issued omissions and identity documents to be out of dwellings and to move between settlements at the scheduled time days.

Article 2. Bases for introduction of warlike situation

The basis for introduction of warlike situation in all territory of the Kyrgyz Republic or in its certain areas is aggression against the Kyrgyz Republic or direct threat of aggression.

According to the conventional principles and rules of international law aggression against the Kyrgyz Republic is recognized:

1) invasion or attack of armed forces of foreign state (group of the states) on the territory of the Kyrgyz Republic, any military occupation of the territory of the Kyrgyz Republic which is result of such invasion or attack or any annexation (capture) of the territory of the Kyrgyz Republic or its part using the armed force;

2) bombing by armed forces of foreign state (group of the states) of the territory of the Kyrgyz Republic or use of any weapon foreign state (group of the states) against the Kyrgyz Republic;

3) attack of armed forces of foreign state (group of the states) on Armed Forces of the Kyrgyz Republic irrespective of the place of their dislocation;

4) actions of the foreign state (group of the states) allowing (allowing) to use the territory to other state (group of the states) for making of act of aggression against the Kyrgyz Republic;

5) zasylka foreign state (group of the states) or on behalf of foreign state (group of the states) of the armed gangs, groups, irregular forces or mercenaries who perform acts of use of the armed force against the Kyrgyz Republic, equivalent to the acts of aggression specified in this Item.

Direct threat of aggression against the Kyrgyz Republic actions of foreign state (group of the states) made in defiance of the Charter of the UN, the conventional principles and rules of international law and which are directly specifying preparation for making of act of aggression against the Kyrgyz Republic including declaration of war can be recognized to the Kyrgyz Republic.

Article 3. Procedure for the announcement of state of war, warlike situation and introduction of warlike situation

State of war and warlike situation in all territory of the Kyrgyz Republic or appears in its certain areas the presidential decree of the Kyrgyz Republic which is subject to promulgation on channels of radio and television, and also official publication.

The president of the Kyrgyz Republic without delay introduces the decree on the announcement of state of war and warlike situation for consideration of Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh).

In the presidential decree of the Kyrgyz Republic about the announcement of state of war and warlike situation are determined:

- the circumstances which formed the basis for the announcement of state of war and warlike situation;

- borders of the territory on which martial law is declared;

- state bodies, local government bodies, forces and the funds raised for providing warlike situation;

- the list of the entered measures provided in the article 5 of this constitutional Law, and temporary restrictions of the rights and freedoms of citizens at the same time without affecting essence of constitutional rights, restrictions of organization activity irrespective of forms of business.

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