CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of June 18, 2012 No. 85

About the Government of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 10, 2012

This constitutional Law according to the Constitution of the Kyrgyz Republic determines the organization and procedure for activities of the Government of the Kyrgyz Republic.

Chapter 1. General provisions

Article 1. Legal status of the Government

1. The government of the Kyrgyz Republic (further - the Government) is the supreme body of the executive government.

2. The government is collegiate organ, heads single system of executive bodies in the Kyrgyz Republic and directs their activities.

3. The government performs the activities on basis and in pursuance of the Constitution of the Kyrgyz Republic (further - the Constitution), the laws and the program of the activities of the Government approved by Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh).

Article 2. Basic principles of activities of the Government

The government in the activities is based on the following basic principles:

1) rule of law;

2) collective nature, personal liability of members of the government;

3) democracy and public usefulness;

4) differentiations of functions and powers between state bodies, and also state bodies and local government bodies;

5) publicity and openness;

6) responsibility and accountability for the activities before Jogorku Kenesh in the limits provided by the Constitution and this constitutional Law.

Chapter 2. Structure, structure and program of the government. procedure for forming of the government

Article 3. Structure and structure of the Government

1. The structure of the Government includes the ministries and the state committees.

2. The government consists of the Prime Minister, the first vice-Prime Minister, vice-Prime Ministers, ministers and chairmen of the state committees.

3. The structure and structure can be changed during activities of the Government. The offer on change of structure and structure of the Government is initiated by the Prime Minister and affirms the resolution of Jogorku Kenesh.

4. Voided according to the Constitutional Law of the Kyrgyz Republic of 19.07.2013 No. 151

Article 4. Program of the Government

1. When implementing the powers the Government is guided by the program of the activities approved by Jogorku Kenesh.

2. The program of activities of the Government (further - the program) is basis of state policy of the Government.

In the program submitted for approval to Jogorku Kenesh by the candidate for the Prime Minister's position the main directions of domestic policy of the state are determined. In the program the current status, the main priorities and problems of development of the country are reflected; purposes and tasks; terms and financial provision of program implementation; the expected results.

3. Within 30 days before official publication of the Government program specifies financial provision of the program, in the light of realization of powers, stipulated in Clause the 10th this constitutional Law, taking into account election programmes of the batches which entered parliamentary majority develops system of actions for its realization.

4. The program can be changed during activities of the Government. The offer on change of the program is initiated by the Prime Minister, is considered and affirms the resolution of Jogorku Kenesh.

Article 5. Procedure for promotion of the candidate for position of the Prime Minister of the Kyrgyz Republic and forming of the Government

1. The fraction having more than a half of deputy mandates or the coalition of fractions with its participation within 15 working days from the date of the first meeting of Jogorku Kenesh of new convocation proposes the candidate for the Prime Minister's position.

The candidate for position of the Prime Minister introduces the program, structure and structure of the Government in Jogorku Kenesh.

2. If before the expiration of the above-stated term the Jogorku Kenesh will not approve the program, will not determine structure and structure of the Government or if on election results any of political parties does not receive more than a half of deputy mandates, the President suggests one of fractions to create parliamentary majority within 15 working days and to propose the candidate for the Prime Minister's position.

The candidate for the Prime Minister's position before the expiration of the above-stated term introduces the program, structure and structure of the Government in Jogorku Kenesh.

3. If before the expiration of the above-stated term the Jogorku Kenesh does not approve the program, will not determine structure and structure of the Government, the President suggests the second fraction to create parliamentary majority within 15 working days and to propose the candidate for the Prime Minister's position.

The candidate for the Prime Minister's position before the expiration of the above-stated term introduces the program, structure and structure of the Government in Jogorku Kenesh.

4. If before the expiration of the above-stated term the Jogorku Kenesh does not approve the program, will not determine structure and structure of the Government, fractions on the initiative within 15 working days shall create parliamentary majority and propose the candidate for the Prime Minister's position.

The candidate for the Prime Minister's position before the expiration of the above-stated term introduces the program, structure and structure of the Government in Jogorku Kenesh.

5. The president in three-day time issues the decree on appointment of the Prime Minister and other members of the government.

If the President in the above-stated time does not issue the decree on appointment of the Prime Minister and members of the government, they are considered as appointed.

6. If in the procedure established by this constitutional Law the program will not be approved, the structure and structure of the Government are determined, the President appoints early elections to Jogorku Kenesh. In this case the Government fulfills the duties before forming of the Government new convocation of Jogorku Kenesh according to the procedure, provided by this constitutional Law.

7. In case of loss by the coalition of fractions of the status of parliamentary majority the Government is created according to the procedure and the terms provided by this Article. Before forming of new structure of the Government the Prime Minister and members of the government continue to fulfill the duties.

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