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LAW OF THE KYRGYZ REPUBLIC

of February 21, 2005 No. 36

About zhamaata (communities) and their associations

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 27, 2004

(as amended on 07-02-2024)

This Law determines procedure, the principles of forming and activities of zhamaat (community) and their associations created in villages, the cities and also governs their relations with public authorities and local self-government, and is directed by legal entities and physical persons to creation of legal and organizational basis for implementation of social mobilization in the Kyrgyz Republic, provision of the state guarantees to zhamaata (communities) and their associations on self-government.

Section I. General provisions

Article 1. Concepts and terms

In this Law the following concepts and terms are used:

zhamaat (community) - the form of the organization of local self-government representing voluntary consolidation of members of the local communities representing the interests of the households living in the territory of one street, quarter or other territorial formation of the village or the city for the joint solution of cases of local value and under the responsibility;

consolidation of zhamaat (communities) - the voluntary education created by zhamaata (communities) in the form of association (union) for the purpose of coordination of the activities, protection and representation of common interests, implementation of joint projects and the solution of general tasks and problems;

the chairman of zhamaat (community) - person elected members of zhamaat (community) according to its charter;

the charter of zhamaat (community) - the main legal document of zhamaat (community) regulating activities of zhamaat (community), developed by his members, accepted by its general meeting;

general meeting of members of zhamaat (community) - the supreme body of management of zhamaat (community);

property of zhamaat (community) - the property of zhamaat (community) (in monetary and natural value) which is in ownership, use and the order of zhamaat (community), being source of receipt of the income and satisfactions of social and economic and spiritual needs of members of zhamaat (community) and local community;

social mobilization is process of consolidation of locals in the various own organizations for the purpose of satisfaction of the social and economic and spiritual interests, rendering mutual assistance each other, overcomings poverty, promotion of the development, using own and other resources, and active participation of the population in decision making process which directly influence their life;

household - group of two people and more, jointly living in dwelling unit and providing themselves to all necessary for life by means of maintaining general economy, fully or partially uniting and spending the means.

Note: these faces can be tied by the relations of relationship or the relations following from scrap or can be not tied by the relationship relations.

The household can consist also of one person living in dwelling unit and providing himself to all necessary for life;

local fund of development - the public fund formed by zhamaata (communities) and created at the expense of deposits of zhamaat (communities) and their associations, sponsors, the organizations and the international donors on a voluntary basis.

Article 2. Purposes of activities of zhamaat (community)

The purposes of activities of zhamaat (community) are:

- development in members of zhamaat (community) of feeling of belonging to one community for the joint decision and under the responsibility of cases of local value;

- satisfaction of social and economic and spiritual needs of members of zhamaat (community) and local community;

- involvement of members of zhamaat (community) to participation in management of activities of zhamaat (community) and local community;

- rendering mutual assistance to members of zhamaat (community);

- increase in activity of the population on social mobilization.

Article 3. Principles of creation and activities of zhamaat (community)

Activities of zhamaat (community) are performed on the principles:

- legality and social justice;

- voluntariness of membership;

- democracies, publicity, transparency and accounting of public opinion;

- collective nature, free discussion in case of the solution of the social and public, environmental, housing and other issues infringing on interests of members of zhamaat (community);

- self-determination, self-regulation and self-financing on the basis of economic and economic independence;

- providing equal representation of households;

- communities of interests of members of zhamaat (community);

- territorialities of residence.

Article 4. Independence of zhamaat (community)

1. Zhamaat (community) will independently organize and performs the activities within the competence established by this Law, other regulatory legal acts and the charter of zhamaat (community).

2. Zhamaat (community) does not answer for obligations state bodies of the Kyrgyz Republic, and also local government bodies, as well as they do not answer for obligations zhamaat (community) and its associations, except as specified, when the parties voluntarily assume such obligations.

Article 5. Legal status of zhamaat (community)

2. Zhamaat (community) is non-profit organization and can be created with education or without formation of legal entity.

Zhamaat (community) has no right to substitute powers of state bodies and local government bodies of the corresponding territory.

3. Zhamaat (community) receives the status of the legal entity from the moment of its registration in the authorized state body according to the procedure determined by the Cabinet of Ministers of the Kyrgyz Republic.

Zhamaat (community) created without formation of legal entity is registered by the executive body of local self-government according to the procedure determined by the Cabinet of Ministers of the Kyrgyz Republic.

4. Zhamaat (community) owns, uses and disposes of the financial resources belonging to him, the personal and real estate according to the charter of zhamaat (community) which is not contradicting this Law and the civil legislation of the Kyrgyz Republic.

5. Zhamaat (community) has the right to acquire, lease, use, assign, to pledge, realize the property which is in its property, to render consulting and information services, to organize and hold the educational seminars and practical training connected with activities of zhamaat (community) and also to perform other powers which are necessary for effective implementation of the purposes and tasks.

Section II. Creation, membership and activities of zhamaat (community)

Article 6. Founders of zhamaat (community)

1. Founders of zhamaat (community) are representatives at least 10 households which unite on voluntary basis.

2. Founders of zhamaat (community) on general meeting:

- accept the charter regulating activities of zhamaat (community);

- elect the chairman of zhamaat (community).

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