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LAW OF THE KYRGYZ REPUBLIC

of November 25, 2011 No. 223

About Regulations of Jogorku Kenesh of the Kyrgyz Republic

(as amended on 03-04-2020)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on October 14, 2011

The regulations of Jogorku Kenesh of the Kyrgyz Republic (further - these Regulations) determine procedure and procedures of implementation by Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh) the powers provided by the Constitution of the Kyrgyz Republic (further - the Constitution).

Section I. Bases of activities of Jogorku Kenesh

Chapter 1. General provisions

Article 1. The terms used in these Regulations

In these Regulations the below-stated determinations and concepts have the following values:

alternative bills - the bills which arrived at the same time in Jogorku Kenesh from different subjects of the legislative initiative, directed to regulation of the same public relations;

base of bills - the code officially the projects of regulatory legal acts which arrived and registered in Jogorku Kenesh;

the state (national) interests - the interests caused by requirements of survival, safety and development of the country, and also values of historical and cultural heritage, conduct of life, aspirations and incentives of activities of subjects of state policy which serve enhancement of national power of the state and growth in prosperity of most of citizens;

the legislative offer - the offer of Jogorku Kenesh to the Government about project development of the law or other regulatory legal act;

the elected deputy - the candidate of Jogorku Kenesh registered by the Central commission on elections and holding referenda of the Kyrgyz Republic (further - the Central commission on elections and holding referenda) as the deputy, but not entered the powers yet (after official publication of election results or according to the procedure of replacement of the vacant mandate);

conflict of interest - situation in case of which valuable or other private interests of deputies in case of execution of the obligations assigned to them are in conflict with public and state (national) concerns;

Coordination council of Jogorku Kenesh - the standing body of Jogorku Kenesh created for the collective solution of questions of the effective organization of activities of Jogorku Kenesh;

linguistic project appraisal of the law - assessment of conformity of the text of the bill to regulations of modern Kyrgyz and Russian languages taking into account features of rules of legal method and making recommendations about elimination of grammatical, syntactic, stylistic, logical, editorial and technical mistakes and mistakes in use of terms;

private interest - material or other benefit which is aimed to be received or officials of Jogorku Kenesh, deputies as a result of accomplishment of the service duties receive, directly or indirectly, for themselves or the relatives;

public interest - the interest of any person (persons) connected with ensuring wellbeing, stability, safety and sustainable development of society;

public examination - the expertize which is carried out by the independent public or expert organizations, national or international experts;

open voting - method of vote in case of which declaration of will and results of roll-call vote of each deputy on one of answer options are fixed (pro, contra);

the bill (bill) - the project of regulatory legal act officially submitted by subjects of the legislative initiative for consideration of Jogorku Kenesh;

the minutes - the document fixing the meeting course from the beginning and before completion;

the shorthand report of meeting - the document representing the literal record of oral speech of participants of meetings of Jogorku Kenesh, fraction, committee, commission, and also other actions organized by Jogorku Kenesh reproduced from the audioshorthand report;

the subject of the legislative initiative - the subject having rights to submit on its own behalf for consideration of Jogorku Kenesh drafts of the laws;

secret vote - type of vote in case of which vote of participants is performed anonymously and is excluded control of declaration of will voting on one of answer options (pro, contra);

number of the deputies who are present at meeting - the number of the deputies of Jogorku Kenesh who are in assembly hall and registered before carrying out vote.

The terms used in these Regulations, but which are not containing in this Article are used according to their commonly accepted value.

Article 2. Jogorku Kenesh

1. The Jogorku Kenesh - parliament of the Kyrgyz Republic - is the supreme representative body performing legislature and control functions within the powers with respect for the principle of separation of the government.

2. The constitutional structure of Jogorku Kenesh is provided by 120 deputies elected for a period of 5 years.

3. The Jogorku Kenesh performs the powers provided by the Constitution according to the procedure, determined by these Regulations.

4. Powers of Jogorku Kenesh begin from the date of adoption of the oath by most of deputies of the constitutional structure at its first meeting. Powers of former convocation stop from the date of the first meeting of Jogorku Kenesh.

5. The Jogorku Kenesh, its bodies and officials are guided in the activities by the Constitution, these Regulations and other regulatory legal acts.

Article 3. Constitutional powers of Jogorku Kenesh

1. Treat powers of Jogorku Kenesh:

1) adoption of law on announcement of referendum;

2) calling of an election of the President;

3) modification of provisions of the third, fourth, fifth, sixth, seventh and eighth Sections of the Constitution according to the procedure, determined by the Section the ninth Constitutions;

4) adoption of the laws;

5) de novo review of the laws returned with the President's objections;

6) control of activities of the Government;

7) control of execution of the laws and decisions of Jogorku Kenesh;

8) ratification and denouncement of international treaties according to the procedure, determined by the law;

9) solution of questions of change of frontier of the Kyrgyz Republic;

10) approval of the republican budget;

11) approval of the performance report of the republican budget;

12) solution of questions of the administrative-territorial device of the Kyrgyz Republic;

13) publication of acts of amnesty;

14) consideration and approval of the program of the Government, determination of structure and structure of the Government, except for members of the government - heads of the state bodies knowing questions of defense and homeland security; approval of the nomination for vacant post of the member of the government made by the Prime Minister;

15) approval of the nation-wide development programs of the Kyrgyz Republic introduced by the Government;

16) decision making about trust to the Government;

17) decision making about expression of mistrust to the Government;

18) election on representation of the President of judges of the Supreme Court, judges of the Constitutional chamber of the Supreme Court; release them from position on representation of the President in the cases provided by the constitutional law;

19) statement of structure of Council for selection of judges according to the procedure, provided by the law;

19-1) forming of one third of structure of the Disciplinary commission under Judicial council;

20) election on representation of the President of the chairman of National Bank; release it from position in the cases provided by the law;

21) election of members of the Central commission on elections and holding referenda: one third of structure - on representation of the President, one third - from parliamentary majority and one third - from parliamentary opposition; release them from position in the cases provided by the law;

22) election of members of Audit Chamber: one third of structure - on representation of the President, one third - from parliamentary majority and one third - from parliamentary opposition; release them from position in the cases provided by the law;

23) election and in the cases provided by the law, dismissal of Akyykatchy (Ombudsman); consent on attraction it to criminal liability;

24) election and in the cases provided by the law, dismissal on representation of Akyykatchy (Ombudsman) of deputies of Akyykatchy (Ombudsman); consent on attraction them to criminal liability;

24-1) election and in the cases provided by the law, election and early response of members of Coordination council of the National center of the Kyrgyz Republic for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment (further - the National center) from among deputies of Jogorku Kenesh;

25) consent on appointment, criminal prosecution and to dismissal of the Attorney-General;

26) approval by the majority at least two thirds of voices of total number of deputies of Jogorku Kenesh of initiative of one third of total number of deputies of Jogorku Kenesh about dismissal of the Attorney-General in the cases provided by the law;

27) introduction of emergency state in the cases and procedure provided by the constitutional law; approval or cancellation of presidential decrees on this matter;

28) solution of questions of war and peace; introduction of warlike situation; announcement of state of war; approval or cancellation of presidential decrees on these questions;

29) the solution of question of possibility of use of Armed Forces of the Kyrgyz Republic beyond its limits in need of accomplishment of interstate contractual commitments on peacekeeping and safety;

30) establishment of military ranks, diplomatic ranks and other special ranks of the Kyrgyz Republic;

31) organization of the state awards and honorary titles of the Kyrgyz Republic;

32) hearing of speeches of the President, representatives of foreign states, international organizations;

33) hearing of the annual report of Akyykatchy (Ombudsman);

33-1) hearing annual and special reports of the National center;

34) hearing of annual reports of the Prime Minister, Attorney-General, chairman of National Bank, chairman of Audit Chamber;

35) hearing of annual information of the chairman of the Supreme Court on activities of judicial system of the Kyrgyz Republic which is carried out with respect for the principle of non-interference to administration of law and prohibition of the requirement of the report on specific legal case;

36) promotion of accusation against the President according to the procedure, provided by the Constitution; decision making about dismissal of the President from position;

37) creation of the state medical commission in case of impossibility of implementation by the President of the obligations due to illness;

38) early release of the President from position in case of impossibility of implementation of the obligations by it due to illness based on the conclusion of the state medical commission;

39) election of Jogorku Kenesh as Toraga (Torayy) (further - Toraga), his deputies, chairmen of committees, the temporary commissions and their deputies; formation of committees, temporary commissions and forming of their structures; hearing of annual reports of officials of Jogorku Kenesh, their response;

40) decision making about self-dissolution.

2. The powers of Jogorku Kenesh provided by Items 1, 3-5, 8-13, 30, of 31 parts of 1 this Article are implemented by means of adoption of the laws, and other powers, except for Item 32 - resolutions.

3. Hearing of annual reports and reports of officials of the state bodies specified in this Article is performed taking into account provisions of the Constitution and the laws on independence and independence of state bodies and their officials.

Article 4. Principles of activities of Jogorku Kenesh

The Jogorku Kenesh performs the activities, based on the principles:

1) opennesses, except as specified, established by these Regulations;

2) execution of the powers for the benefit of the people;

3) responsibility to the people and the voters;

4) observance and respect of the universally recognized norms of international law;

5) observance of the Constitution, laws, these Regulations and other regulatory legal acts of the Kyrgyz Republic;

6) free expression of opinions and joint decision making;

7) political variety and multi-party system;

8) respect for proportionality of representative office of fractions in management of Jogorku Kenesh and its bodies;

9) providing representation no more than 70 percent of same-gender persons in bodies of Jogorku Kenesh.

Article 5. Jogorku Kenesh location

1. The permanent location of Jogorku Kenesh is the capital of the Kyrgyz Republic - the city of Bishkek.

2. In necessary cases according to the solution of Toraga of meeting of Jogorku Kenesh can be carried out in other place.

3. Placement in the building of Jogorku Kenesh and in its territory of other bodies and organizations is allowed with the consent of Jogorku Kenesh.

4. The procedure for stay and stay in buildings and in the territories which are under authority of Jogorku Kenesh is determined by the provision approved by Jogorku Kenesh.

Chapter 2. Preparation and opening of the first session of new convocation of Jogorku Kenesh

Article 6. Forming and organization of work of Preparatory group

1. For the organization of the first meeting of Jogorku Kenesh at the initiative of the batches which crossed the election threshold in attendance procedure the Preparatory group of deputies of Jogorku Kenesh is created.

2. The preparatory group is headed by the oldest elected deputy of Jogorku Kenesh on age.

3. The preparatory group works according to the procedure, established by these Regulations for committees of Jogorku Kenesh, except for control powers and holding private meetings, and stops the activities after the end of the first meeting.

4. The Preparatory group reports on the carried-out work at the first meeting of Jogorku Kenesh of new convocation.

Article 7. Information support of the elected deputies for participation in the first meeting

The office of Jogorku Kenesh (further - the Device) in 3 days prior to the first meeting sends to the deputy:

1) text of the Constitution;

2) the text of the Law of the Kyrgyz Republic "About the status of the deputy of Jogorku Kenesh of the Kyrgyz Republic";

3) text of Regulations;

4) structures of Jogorku Kenesh, Device and Administration;

5) information about newly elected deputies;

6) regulations on the Device and Administration;

7) list of officials of the Device and Administration, their office phones.

Article 8. First meeting of Jogorku Kenesh

1. The first meeting of Jogorku Kenesh of new convocation is held no later than 15 days after determination of election results.

2. The first meeting of Jogorku Kenesh is opened by the oldest elected deputy on age who performs functions of the chairman before election of Toraga.

3. The chairman gives floor to the chairman of the Central commission on elections and holding referenda for announcement of information on election results in Jogorku Kenesh.

4. The elected deputy, having put the right hand on the text of the Constitution, takes the oath of the following content before Jogorku Kenesh:

"I..., starting execution of powers of the deputy of Jogorku Kenesh of the Kyrgyz Republic, I swear on fidelity to the Kyrgyz Republic and I swear: observe the Constitution and the laws of the Kyrgyz Republic, to fulfill the duties for the benefit of all people, to protect sovereignty, territorial integrity and independence of the Kyrgyz state".

5. Departures from the text of the oath and the procedure of its acceptance are not allowed. In case of departure the oath is taken repeatedly.

6. Control of observance of the procedure of bringing of the oath is exercised by Preparatory group of Jogorku Kenesh.

7. After bringing by the deputy of Jogorku Kenesh of the oath the chairman of the Central commission on elections and holding referenda hands it the certificate and the breastplate of the established sample.

8. Powers of the deputy of Jogorku Kenesh begin from the date of adoption of the oath by it.

9. After completion of the procedure of adoption of the oath by the present deputies the first meeting is closed.

Article 9. The questions which are subject to first-priority consideration by Jogorku Kenesh

1. After the introduction in powers of deputies of Jogorku Kenesh of new convocation the following questions are subject to first-priority consideration:

1) forming of counting board for election of Toraga and his deputies;

2) forming of the permanent commission on control of electronic system of vote;

3) election of Toraga and his deputies;

4) approval of structure of Jogorku Kenesh;

5) election of chairmen of committees and their deputies;

6) forming of structures of committees of Jogorku Kenesh;

7) approval of the program of the Government, determination of structure and structure of the Government.

2. The sequence of consideration of the above-stated questions is determined by the agenda of meeting.

According to the decision of Jogorku Kenesh other questions also can be carried to questions of first-priority consideration.

Chapter 3. Parliamentary fractions, parliamentary majority and minority, opposition

Article 10. Parliamentary fraction

1. Parliamentary fraction (further - fraction) - consolidation of deputies of Jogorku Kenesh, the elite according to the list from one political party.

The fraction has no right to include the deputies who passed from other batches in the structure.

2. The fraction acquires the official status from the moment of the announcement of its creation, the name, payroll, surname of the leader and other heads of fraction.

3. The deputy replacing ahead of schedule disposed deputy becomes the member of the relevant fraction from the moment of bringing of the oath.

4. The refusal of the deputy elected from one political party from the accession to fraction of the same batch is not allowed.

5. The fraction performs activities on the basis of the regulations on fraction which are not contradicting these Regulations.

6. The fraction has the right to consider previously the questions which are subject to consideration by Jogorku Kenesh for determination of political line item on them. By results of consideration the fraction makes the decisions obligatory for members of fraction. The fraction has the right to authorize the members for introduction and scoring of amendments according to the procedure, established by these Regulations.

7. Activities of fraction stop in cases:

1) terminations of powers of Jogorku Kenesh;

2) self-dissolution of Jogorku Kenesh.

8. The termination or suspension of operations of batch does not influence legal status of its fraction in Jogorku Kenesh.

Article 11. Management of fraction

1. The fraction is headed by the leader elected by it.

2. Powers of the leader of fraction:

1) represents fraction in Jogorku Kenesh and beyond its limits;

Will organize 2) and coordinates work of fraction;

3) signs decisions of fraction;

4) exercises control of intra fractional discipline;

5) according to the decision of fraction proposes candidacies in structures of Jogorku Kenesh;

6) is controlled by execution of decisions of fraction;

7) according to the decision of fraction discloses at meeting its political line item on the discussed question;

8) according to the decision of fraction discloses at meeting about the entry of fraction in the coalition;

9) is provided by interaction of fraction with management of Jogorku Kenesh and other branches of the government;

10) offers representatives in structure of counting board and commission on control of electronic system of vote;

11) is provided by participation of members of fraction in meetings of Jogorku Kenesh, committees, the temporary commissions, and also in actions of Jogorku Kenesh;

12) performs the common directorship of the secretariat of fraction;

13) performs other powers according to provision of fraction.

3. The leader of fraction cannot hold at the same time Toraga's positions, the deputy Toraga, the chairman and the vice-chairman of committee and the temporary commission.

Article 12. Rights of fraction

1. The fraction has the right:

1) to express political line item on the questions considered by Jogorku Kenesh;

2) to unite with other fractions in the coalition;

3) to make the offer of Toraga on convocation of emergency meeting of Jogorku Kenesh;

4) to delegate the representative of fraction to make the statement, reports, supporting reports, messages and offers on behalf of fraction;

5) to participate in meetings, joint with other fractions, to invite to meeting of fraction of interested persons, to consult with experts and specialists;

6) to make offers according to the plan of legislative activities and to the annual work plan of Jogorku Kenesh;

7) to propose candidacies of members of fraction in structures of committees and temporary commissions of Jogorku Kenesh and to make offers on their response;

8) to make offers on inclusion (response) of members of fraction in structure of parliamentary delegations, groups of friendship with respect for the principle of pro rata representative office of all fractions;

9) to make offers on election, release, approval, approval, consent, appointment of the officials carried to powers of Jogorku Kenesh;

10) to make offers on creation of working groups on studying of single questions;

11) to make offers to Jogorku Kenesh and committees about carrying out parliamentary hearings;

12) to make offers on early termination of deputy powers of members of fraction on the bases provided by Items 1-3 and 5-9 of part 3 of article 73 of the Constitution;

To represent 13) for entering into the minutes of Jogorku Kenesh special opinion of fraction on any discussed question;

To publish 14) in mass media, and also to post materials and documents of fraction on the website of Jogorku Kenesh;

15) to consider addresses of voters on actions of members of fraction and to take necessary measures for the purpose of strengthening of fractional discipline;

16) to send the legislative offer to the Government about need of project development of the law with summary of the concept, the purpose and tasks;

17) to recall the representative from position of the chairman or the vice-chairman of committee, the temporary commission;

18) to apply corrective actions on the members according to regulations on fraction;

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