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The document ceased to be valid since  October 21, 2021 according to part 5 of article 70 of the Law of the Kyrgyz Republic of  October 20, 2021 No. 123 

LAW OF THE KYRGYZ REPUBLIC

of July 15, 2011 No. 101

About local self-government

(as amended on 08-07-2019)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 16, 2011

Chapter 1. General provisions

Article 1. The relations regulated by this Law

1. This Law establishes the principles of the organization of local government at the level of administrative and territorial units of the Kyrgyz Republic, determines role of local self-government in implementation of the public power, fixes the organizational and legal basis of their activities, establishes competence and the principles of relations of local government bodies and public authorities, the state guarantees of the right of local communities for self-government.

2. Features of the organization of local self-government, procedure for forming of local government bodies in the cities of Bishkek and Osh are established by the separate laws of the Kyrgyz Republic on the status of these cities.

Features of the organization of local self-government in the border, mountain, remote territories, their functions and power, relation with public authorities can be established by the laws of the Kyrgyz Republic on the status of these territories.

3. Other powers of municipal authorities can be established by the laws of the Kyrgyz Republic.

Article 2. Basic concepts and terms

In this Law the following concepts and terms are used:

local community - set of the citizens of the Kyrgyz Republic who are constantly living in the territory of administrative and territorial unit, united by interests under the responsibility to resolve issues of local value independently through representative and executive bodies of local self-government;

the member of local community - the citizen of the Kyrgyz Republic who is constantly living in the territory of administrative and territorial unit;

the city, the ayylny aimag - administrative and territorial unit in which borders the local community performs local self-government. The city, the ayylny aimag can consist of one or more settlements;

municipal property - the property of local communities which is in ownership, use, the order of local government bodies, being source of receipt of the income of local self-government and necessary for implementation of functions of local self-government according to the legislation of the Kyrgyz Republic;

municipal service - the activities of citizens in representative and executive bodies of local self-government performed on professional and paid basis;

questions of local value - the issues of ensuring activity of the population of the corresponding territory resolved by local government bodies and their officials and also by direct declaration of will of citizens;

local government bodies - the representative, executive bodies providing the solution of questions of local value;

representative body of local self-government - the elected collegiate organ of local self-government elected directly by the population of the corresponding administrative and territorial unit and given authority to resolve issues of local value. Representative bodies of local self-government in ayylny aimags and the cities are local keneshes;

joint sitting of local keneshes - meeting of deputies of local keneshes of the corresponding administrative and territorial unit - the area;

executive body of local self-government - the body created for ensuring preparation and execution of decisions of representative body of local self-government. Executive bodies of local self-government are the city halls of the cities, ayyl to okmot;

the elected official of local self-government - the citizen elected directly by the population or the local kenesh;

Chapter ayyl to okmot - the elected official, the head of executive body of local self-government of the ayylny aimag;

ayyl bashchysa - the designated official performing the functions delegated by the decision ayyl to okmot;

the mayor - the elected official of the city, the head of executive body of local self-government of the city;

the city hall - the executive body of local self-government created for ensuring activities of the mayor for realization of functions of executive body of local self-government in the city;

local public administration - state body of the executive authority in the territory of the area;

the head of local public administration - the akim of the area;

descent of citizens - direct form of participation of the population in the solution of questions of local value by their discussion at meetings of the citizens living in the territory of one street, one quarter, the residential district or the village with adoption of recommendations about them or decisions according to the charter of local community;

kurultai of local community - meeting of representatives of local communities for the purpose of discussion of questions, of common interest;

the delegated state powers - the separate state powers delegated to local government bodies according to the procedure, established by this Law;

the charter of local community (the city, the ayylny aimag) - the act approved by regulatory legal act of the local kenesh and regulating procedure for relations of local community among themselves and bodies local self-government concerning activity of the population of the corresponding territory;

function - the field of activity of public authorities and (or) local government bodies connected with provision of services to the population;

competence - set of legally established rights and obligations of state body or local government body;

powers - the stipulated by the legislation right of public authorities of the Kyrgyz Republic or local government bodies to perform the certain activities directed to execution by them of the functions assigned to them;

consulting legal assistance - informing on system of law of the Kyrgyz Republic, the rights and obligations of persons of law, methods of realization and use of the rights in judicial and extrajudicial procedure; consultation on legal issues; help in creation of documents of legal nature; other forms of the help which are not falling under determination of qualified legal aid which content is determined in the Law of the Kyrgyz Republic "About the legal aid guaranteed by the state.

Chapter 2. Principles, structure and organizational bases of local self-government

Article 3. Principles of local self-government

1. Local self-government is performed on the principles:

1) differentiations of functions and powers of public authorities and local government bodies;

2) openness and responsibility of local government bodies to local community and implementation of the functions by them for the benefit of local community;

3) legality and social justice;

4) self-sufficiency, self-regulation and self-financing;

5) declarations of will of citizens through system of local government bodies, and also through descents of citizens, meetings and kurultais;

6) protection of the rights and the interests of local communities protected by the law;

7) publicity and accounting of public opinion;

8) collective nature, free discussion in case of the solution of appropriate questions;

9) independence of local keneshes in the solution of questions of the competence;

10) carrying out on permanent basis of monitoring and assessment of the regulatory legal acts adopted by local government bodies.

2. Local government bodies function in close interaction with public authorities on creation of conditions for realization of constitutional rights of citizens of the Kyrgyz Republic on participation in the solution of questions of the state and local value.

Article 4. Local self-government

1. Local self-government - independent activities of local community in the interests and under the responsibility, directed to the solution of questions of local value.

2. Local self-government is performed by local communities through representative and executive bodies of the ayylny aimag and city, and also by direct participation of citizens.

Article 5. Right of citizens to implementation of local self-government

1. Citizens have the equal rights to implementation of local self-government as it is direct, and through the representatives, irrespective of floor, race, ethnic origin, language, origin, property and official capacity, the relation to religion, beliefs, belonging to public associations.

2. Citizens have the right to choose and be elected to local government bodies, to address to local government bodies and to their officials, and also to obtain information on activities of local government bodies according to the legislation of the Kyrgyz Republic.

3. Foreign citizens and persons without citizenship have the same rights and obligations, as citizens of the Kyrgyz Republic, except for the rights to choose and be elected to local government bodies.

Article 6. System of local government bodies

The system of local government bodies is formed:

1) local keneshes (ayylny and city) - representative bodies of local self-government;

2) ayyl to okmot, the city hall of the cities - executive bodies of local self-government.

Article 7. Forms of implementation of local self-government

1. Local self-government is performed in the form of representative and direct participation of local community in local self-government.

2. Representative participation of local community in implementation of local self-government is implemented through local keneshes. In the cases provided by the charter of local community representative participation of local community of the city or ayylny aimag is performed also through the head of executive body of local self-government.

3. Direct participation of local community in realization of local self-government is performed in shape:

1) discussions of all important issues of public and state life and questions of local value at meetings (descents) of members of local community;

2) elections of deputies of local keneshes;

3) manifestations of rule-making initiative and/or participation in direct vote on especially important issues of local value.

Article 8. Municipal service

1. Citizens of the Kyrgyz Republic have equal access to municipal service, irrespective of floor, race, nationality, language, origin, property and official capacity, the residence, the relation to religion, beliefs.

2. The procedure for the organization and passing of municipal service is regulated by the legislation of the Kyrgyz Republic.

Article 9. State policy in the field of local self-government

1. Public authorities create necessary legal, organizational, material and financial conditions for formation and development of local self-government and render assistance to the population in implementation of the right to local self-government.

2. By preparation and acceptance of regulatory legal acts on the questions which are directly infringing on interests of local communities and local government bodies, rule-making bodies (officials) hold consultations and discussions with associations, the unions of local government bodies according to the procedure, established by the laws of the Kyrgyz Republic in the sphere of regulation of activities of local government bodies.

3. Official appeals of local government bodies on the questions which are directly infringing on the interests of local communities sent to public authorities are subject to obligatory consideration on the merits of the questions raised in them.

4. Public authorities exercise control of legality in activities of local government bodies according to the procedure, established by regulatory legal acts.

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