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DECISION OF THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of June 10, 2015

On the case of check of constitutionality of the first offer of part 3 of article 3 of the Law of the Kyrgyz Republic "About the status of deputies of local keneshes" in connection with the address of citizens Osmonaliyeva Aynura Musayevna, Osmonbayev Bektur Kamilyevich and Sutalinova Gulzar Abdybekovny

The constitutional chamber of the Supreme Court of the Kyrgyz Republic in structure:

the chairman - the judge Kasymaliyev M. Sh., judges Abdiyev K., Aydarbekova Ch. A., Bobukeeva M. R., Mamyrov E. T., Narynbekova A. O., Oskonbayeva E. Zh., Osmonova Ch. O., Saalayev Zh. I., Sooronkulova K. S.,

in case of the secretary Tolobaldiyev M. E.,

with participation:

the addressing party - Osmonaliyeva A. M., Osmonbayeva B. K., Sutalinova G. A.;

Arziyev M. I. defendant party., representative of Jogorku Kenesh of the Kyrgyz Republic by proxy;

the other person - Bakasov S., the representative of the State agency on cases of local self-government and the interethnic relations to the Government of the Kyrgyz Republic by proxy,

being guided by parts 1, of the 6th article 97 of the Constitution of the Kyrgyz Republic, Articles 1, of 4, of 18, of 19, of 24, of 37, 42 constitutional Laws of the Kyrgyz Republic "About the Constitutional chamber of the Supreme Court of the Kyrgyz Republic", considered in proceeding in open court case on check of constitutionality of the first offer of part 3 of article 3 of the Law of the Kyrgyz Republic "About the status of deputies of local keneshes".

Reason for consideration of the case was the petition of citizens of Osmonaliyeva A. M., Osmonbayeva B. K., Sutalinova G. A.

The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Kyrgyz Republic the first offer of part 3 of article 3 of the Law of the Kyrgyz Republic "About the status of deputies of local keneshes".

Having heard information of the judge-speaker Sooronkulova K. S., carrying out preparation of case for judicial session, and having researched the provided materials, the Constitutional chamber of the Supreme Court of the Kyrgyz Republic

established:

In the Constitutional chamber of the Supreme Court of the Kyrgyz Republic Osmonaliyeva A. M. petition arrived on August 22, 2014., Osmonbayeva B. K., Sutalinova G. A. about recognition of the first offer of part 3 of article 3 of the Law of the Kyrgyz Republic "About the status of deputies of local keneshes" the part of 1 Article contradicting parts 1, 2 Articles 2, 4, to Item 2 parts of 1 Article 52, to parts 1, 2, 3 Articles 110, parts 1 of article 112 of the Constitution of the Kyrgyz Republic.

In the petition subjects of the address specify that part 3 of article 3 of the Law of the Kyrgyz Republic "About the status of deputies of local keneshes", the deputy of the local kenesh providing possibility of initiation of response for systematic absence without valid excuse at sessions of the local kenesh, and also non-execution of decisions and orders of the local kenesh, breaks the fundamental constitutional principles of democracy. The deputy of the local kenesh acquires the powers as a result of election him in the local kenesh on the basis of general equal and direct suffrage. Thereby the people's deputy is responsible, first of all, before the population which elected him. Therefore, and the right of its response shall belong only to the voters living in the territory of the corresponding administrative and territorial units. Initiation of the procedure of response by the local kenesh violates passive voting right, distorts declaration of will of voters and undermines the fundamental principles of the voting and municipal right.

Applicants also consider that in situation of lack of regulation of the relations on application of response of the deputy, the disputed regulations allow its any use and probability of abuse of it for political motives, in particular as the tool for deprivation of the mandate of independent or oppositional deputies. Besides, the possibility of political pressure of the deputy majority in the local kenesh, imposings of the will to oppositional minority is created that in turn is departure from the principles of political pluralism, infringement of independence of the deputy and by that is considered by applicants as undermining democratic basis of activities of local self-government and its representative body.

In confirmation of the arguments, subjects of the address refer to the actual circumstances testimonial of early termination of powers of the deputy Dzhusubaliyeva A. K. resolution of the Orok ayylny kenesh of Sokuluksky district of Chuy Region. Dzhusubaliyeva A. K. non-execution was the formal cause for the termination of powers. decisions of the Orok ayylny kenesh, and legal basis part 3 of article 3 of the Law of the Kyrgyz Republic disputed by applicants "About the status of deputies of local keneshes".

No. 56-P the petition of applicants was accepted the resolution of the Constitutional chamber of the Supreme Court of the Kyrgyz Republic of November 19, 2014 to production.

In judicial session of Osmonaliyev A. M., Osmonbayev B. K., Sutalinova G. A. supported the requirements and asked them to satisfy.

Representative of Jogorku Kenesh of the Kyrgyz Republic Arziyev M. I. did not agree with arguments of subjects of the address and considers that the disputed regulation does not contradict the Constitution of the Kyrgyz Republic.

The constitutional chamber of the Supreme Court of the Kyrgyz Republic, having discussed arguments of the parties, having listened to explanations of the other person and having researched case papers, came to the following conclusions.

1. According to part 4 of article 19 of the constitutional Law "About the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic" the Constitutional chamber of the Supreme Court of the Kyrgyz Republic takes out acts in the subject mentioned in the address only concerning that part of regulatory legal act which constitutionality is called in question.

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