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LAW OF THE KYRGYZ REPUBLIC

of July 5, 2002 No. 113

About vessels of aksakals

(as amended on 27-04-2017)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 4, 2002

This Law determines the legal basis, the principles of the organization and activity of the courts of aksakals.

Section I General provisions

Article 1. Courts of aksakals

Courts of aksakals are the public bodies created on a voluntary basis and on the basis of selectivity and self-government designed to perform consideration of the materials directed to them in accordance with the established procedure by court, the prosecutor, other law enforcement agencies having rights to consider criminal cases and their officials according to the current legislation of the Kyrgyz Republic, and also case on disputes between citizens in the cases and procedure established by this Law.

Courts of aksakals can be established according to the decision of meeting of citizens, local keneshes in the territory of ayylny aimags, the cities from among aksakals - the men and women who are held in respect and the authority.

Courts of aksakals are not legal entities and are not subject to registration in judicial authorities. Courts of aksakals have seal and stamps with the name.

Article 2. Legal basis of activity of the courts of aksakals

Courts of aksakals in the activities are guided also by the conscience, personal beliefs, moral standards and morality which historically consisted of customs and traditions of the people of Kyrgyzstan, not contradicting the legislation of the Kyrgyz Republic.

Article 3. Main objectives of vessels of aksakals

The main objectives of vessels of aksakals are:

- protection of the violated or disputed rights and legitimate interests of citizens;

- assistance to strengthening of legality and law and order and the prevention of offenses in the territory of the ayylny aimag and the cities;

- education at citizens of respect for the law, the moral standards and morality which historically consisted of customs and traditions.

Courts of aksakals are effective by belief, public impact, achievement of conciliation of the parties and pronouncement of the fair, not contradicting the laws and other regulations of the republic decision.

Article 4. Functions of vessels of aksakals

Courts of aksakals consider and permit:

- the materials directed by local courts on civil cases according to the procedure, provided by the civil and procedural legislation;

- directed by courts, prosecutors, investigation authorities and inquiries from the sanction of the prosecutor materials on which criminal cases, for application of community sanctions according to the criminal procedure legislation were stopped.

By vessels of aksakals cases on the statement of citizens (with the consent of the parties) for permission of receivership and family proceeding for the purpose of achievement of conciliation of the parties and other cases provided by this Law can be also considered.

Courts of aksakals have no right to consider materials on which judgments were already passed, administrative punishments are imposed or the judgment of aksakals made within its competence was.

Article 5. Language in which legal proceedings are conducted

Legal proceedings of vessels of aksakals are conducted in the state or official language, or in language of the majority of the population of this area.

The court of aksakals can demand from the parties of transfer of any written proofs into language which shall be applied when considering the case.

Article 6. Publicity of production of vessels of aksakals

Trial in vessels of aksakals open.

Closed meeting is allowed on the motivated judgment, the petition of one of the parties for persons which did not reach sixteen years, to family disputes for the purpose of prevention of disclosure of data on the intimate aspects of life participating in case.

The court of aksakals at the meetings shall hear explanations of participants of meeting and announce the documents which are available for judges and participants of meeting.

Article 7. Collective nature of hearing of cases

In vessels of aksakals cases are considered jointly - as a part of the chairman and members of the court.

The court of aksakals is competent to consider cases in the presence of two thirds of structure which number shall be odd.

Section II Procedure for Organization of Vessels of Aksakals

Article 8. Number of members of courts of aksakals

Courts of aksakals are elected as a part of at least 5 and no more than 9 people, at the same time their number shall be obligatory odd.

Article 9. Requirements imposed to members of courts of aksakals

In structure of courts of aksakals the citizens of the Kyrgyz Republic who reached age of fifty years, having the ended secondary general education, living in the specified area at least five years which do not have criminal record, being held in respect and the authority among the population of the ayylny aimag and the cities on business and moral qualities capable to carry out the tasks set for vessels of aksakals can be elected.

Alternate members of court of aksakals are proposed as citizens (inhabitants) and local government bodies according to the procedure, established by this Law.

By hearing of cases members of courts of aksakals need to adhere to official style of clothes.

Article 10. Principles of creation of vessels of aksakals

Courts of aksakals are, as a rule, created in the ayylny aimag by the principle: one settlement - one court of aksakals or one айыл to okmot - one court of aksakals.

In the cities courts of aksakals are created by the principle:

- if the number of inhabitants does not exceed 25 thousand - one court of aksakals;

- if the number of inhabitants makes from 25 thousand to 50 thousand - two courts of aksakals and so on.

In the cities where there are residential districts, courts of aksakals are created irrespective of the number of inhabitants by the principle: one residential district - one court of aksakals.

Article 11. Procedure for election of vessels of aksakals

Members of courts of aksakals are elected for a period of three years by open voting on general meetings of citizens at the place of residence, and also at conferences of Councils of the public, sessions local keneshes. Chairmen of the courts of aksakals are elected members of courts of aksakals from their number.

Meetings at elections of vessels of aksakals are convened by local keneshes or executive bodies of local self-government or at the initiative of citizens in number of at least 50 people. The notification about the election day is performed by the local kenesh in one month.

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