of August 8, 2012 unitary enterprise No. 147
About measures for enhancement of justice in the Kyrgyz Republic
The commission on development of the approved offers on further reforming of judicial system (further - the Commission) formed by the Presidential decree of the Kyrgyz Republic "About formation of the Commission on development of the approved offers on further reforming of judicial system of the Kyrgyz Republic" of January 17, 2012 No. 6, with the assistance of leaders of deputy fractions of Jogorku Kenesh of the Kyrgyz Republic, representatives of judicial branch of the power, law enforcement agencies carried out important work with involvement of wide range of representatives of civil society, independent experts and the international organizations.
The commission submitted for consideration of the President of the Kyrgyz Republic of the recommendation about the most topical issues and problems of judicial system and legal proceedings, the containing valuable analyses and specific proposals in number of the priority directions of judicial reform on the near-term outlook.
Further reforming of judicial system assumes updating of the current administrative, penal, criminal procedure, civil procedural legislation, and also the legislation regulating the organization and activity of the courts, law enforcement agencies and other legislation directly or indirectly connected with questions of administration of law. It shall answer in form, content to public requirements, scientific approaches and practical experience, to conform to international legal standards.
The judicial system shall be transparent and activities of its structures are available to control from civil society. Finally the court shall become independent, free from selfish interests, political sympathies and ideological prejudices, the court acting as the guarantor of legality and justice in the state.
Availability of strong judicial authority will become guarantee of stability of economic legal relationship and will provide national economy competitiveness.
In the existing conditions of Kyrgyzstan the most reasonable and economic is upgrade of the operating system of courts and law enforcement agencies without destructive withdrawal pains before their transformation and development into qualitatively new structures. Structural changes in judicial system shall happen step by step, relying on the existing organizational structures, gradually filling them with qualitatively new content.
For the solution of above-mentioned and other problems common efforts of Jogorku Kenesh of the Kyrgyz Republic and the Government of the Kyrgyz Republic are required with active participation of the Supreme Court of the Kyrgyz Republic, Judicial department under the Supreme Court of the Kyrgyz Republic, Judicial council of the Kyrgyz Republic.
For the purpose of ensuring closer interaction of efforts of all branches of the government when carrying out judicial reform, enhancement of justice, increase in efficiency of judicial protection of the rights, freedoms and legitimate interests of citizens, being guided by Articles 40, 60 and 65 Constitutions of the Kyrgyz Republic, I decide:
1. Assume as a basis the recommendations about further reforming of judicial system of the Kyrgyz Republic provided by the Commission on development of the approved offers on further reforming of the judicial system formed by the Presidential decree of the Kyrgyz Republic "About formation of the Commission on development of the approved offers on further reforming of judicial system of the Kyrgyz Republic" of January 17, 2012 No. 6 (appendix).
2. According to recommendations to recognize as main goals of judicial reform in the Kyrgyz Republic:
- forming of independent and independent judicial authority as one of government branches in the Kyrgyz Republic;
- increase in efficiency and quality of justice;
- achievement of openness and transparency of judicial system;
- providing guarantees of judicial protection of rights and freedoms of man and citizen;
- enhancement personnel, financial and material logistics, creation of proper conditions for functioning of courts and activities of judges;
- increase in judicial responsibility for high-quality implementation of justice;
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