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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 16, 2012 No. 242

About approval of the Regulations on procedure for realization of the right of the national legislative initiative

(as amended of the Order of the Government of the Kyrgyz Republic of 03.03.2017 No. 133)

According to the Law of the Kyrgyz Republic "About the national legislative initiative in the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for realization of the right of the national legislative initiative according to appendix.

2. To the Ministry of Justice of the Kyrgyz Republic to bring the decisions into accord with this resolution.

3. This resolution becomes effective from the date of official publication.

Prime Minister

O. Babanov

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of April 16, 2012 No. 242

Regulations on procedure for realization of the right of the national legislative initiative

Chapter 1. General provisions

1. This Provision is developed according to article 79 of the Constitution of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About the national legislative initiative in the Kyrgyz Republic" and regulates order of registration in the Ministry of Justice of the Kyrgyz Republic of initiative group and bill for the purpose of realization of the right of the national legislative initiative of citizens.

2. The right of the national legislative initiative of citizens is understood as constitutional right of citizens freely and voluntarily in accordance with the established procedure to submit drafts of the laws for consideration of Jogorku Kenesh of the Kyrgyz Republic.

Chapter 2. Procedure for forming of initiative group on realization of the right of the national legislative initiative

3. Forming of initiative group on realization of rule-making initiative is performed on the basis of declaration of will of citizens.

The citizen of the Kyrgyz Republic having the following characteristics can be the member of initiative group:

- full age;

- capable;

- having the voting rights;

- not containing in places of detention according to the court verdict;

- not being the employee of law enforcement, tax, financial bodies, the serviceman.

4. The minimum number of initiative group constitutes 10 people.

5. The decision on creation of initiative group of citizens for realization of the right of the national legislative initiative is made at meeting of citizens. At the same time members of initiative group, by open voting, by a simple majority vote elect from the structure the chairman and two of his deputies for the solution of organizational matters. The initiative group is considered created from the date of decision making about its creation.

6. The decision on creation of initiative group of citizens is drawn up by the minutes of initiative group which are signed by its chairman.

Chapter 3. Order of registration of initiative group on realization of the right of the national legislative initiative

7. For the purpose of realization of the right of the national legislative initiative the initiative group of citizens introduces the following documents in the Ministry of Justice of the Kyrgyz Republic:

- the statement for registration of initiative group and the bill signed by its chairman. The name of initiative group can be specified in the statement;

- the minutes of initiative group on which the decision on its creation was made;

- the protocol of meeting of initiative group on which the decision on project initiation of the law, by means of realization of the right of the national legislative initiative was made;

- the list of members of initiative group, with indication of surname, name, middle name, birth date, the residence (permanent or temporary);

- passport copies of members of initiative group;

- references of members of initiative group or the document confirming the status of the unemployed;

- the text of the bill conforming to the requirements to registration of regulatory legal act containing in the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" and also its electronic version;

- the comparative table (in case of modification and (or) amendments of regulatory legal act) or new edition;

- the reference reasons to the bill which is drawn up according to requirements of the laws of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" and "About Regulations of Jogorku Kenesh of the Kyrgyz Republic";

- the expert opinions prepared as a result of the carried-out specialized expertizes (if necessary);

- analysis of regulating impact (if necessary).

8. Registration of initiative group, and also verification of the bill are performed within thirty calendar days from the date of submission to the Ministry of Justice of the Kyrgyz Republic of the complete list of the documents specified in Item 7 of this provision.

9. Following the results of consideration of the submitted documents Ministry of Justice of the Kyrgyz Republic accepts one of the following decisions:

- about registration of initiative group and the bill;

- about refusal in registration of initiative group and the bill.

10. In case of violation of requirements of this provision imposed to the number and procedure for creation of initiative group of citizens, and also to the list and contents of the documents attached to the bill, the right of the national legislative initiative brought according to the procedure of realization, the Ministry of Justice of the Kyrgyz Republic refuses registration of initiative group and the bill.

The refusal in registration of initiative group and the bill is drawn up by the motivated conclusion of the Ministry of Justice of the Kyrgyz Republic in writing issued in five-day time.

Counting of five-day term about delivery of refusal of the Ministry of Justice of the Kyrgyz Republic in registration of initiative group and the bill begins from the date of registration of the corresponding conclusion of the Ministry of Justice of the Kyrgyz Republic.

The refusal in registration of initiative group and the bill is handed to the chairman or the member of initiative group purposely under list, or goes by mail the registered mail to the chairman of initiative group.

The refusal in registration of initiative group and the bill can be appealed according to the procedure, established by the current legislation.

11. In case of registration of initiative group and the bill, in five-day time from the date of decision making about registration the registration certificate of initiative group is granted.

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