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LAW OF THE KYRGYZ REPUBLIC

of August 5, 2016 No. 164

About bailiffs

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 29, 2016

Chapter 1. General provisions

Article 1. Legal status of the bailiff

1. The bailiff - the official who is in public service and carrying out the tasks assigned to him by this Law.

2. The bailiff is public agent and on duty is under protection of the state.

3. The bailiff on duty wears uniform, has the official ID and counter of single sample, signs of distinction and emblem.

Samples and the description of uniform, the official ID, counter, signs of distinction and emblem, and also regulation of their providing affirm authorized body on organizational, material and other support of activities of local courts (further - authorized body).

4. The procedure for wearing uniform affirms the Main bailiff of the Kyrgyz Republic (further - the Main bailiff).

5. The bailiff has professional and special training according to the service duties after which he has the right to storage and carrying fire service and electric weapon, use of special means.

6. The main bailiff, the senior bailiff, the bailiff on duty after passing of special preparation has the right to storage and carrying firearms and special means, conditions which procedure and limits of application are set by this Law and other relevant laws.

7. The special class rank of government employees of the Kyrgyz Republic is appropriated to the bailiff.

8. Financing of activities of the bailiff is provided at the expense of the republican budget.

Article 2. Tasks of the bailiff

Tasks are assigned to the bailiff on:

5) to providing and maintenance of public order in the building, halls and court houses during judicial session, and also in buildings and rooms in which field judicial sessions are held;

2) to assistance to court in accomplishment of legal proceedings;

3) to assistance to legal executives during making of executive actions;

4) to ensuring protection of buildings and premises of courts, buildings and premises of service of bailiffs, and also buildings and rooms in which field judicial sessions are held;

5) to ensuring protection of judges, jury members and other participants of process, and also protection of the legal executives and persons participating in executive actions during making of these actions, except as specified, provided by the Law of the Kyrgyz Republic "About protection of the rights of witnesses, victims and other participants of criminal trial".

Article 3. Legal basis of activities of the bailiff

1. The bailiff in the activities is guided by the Constitution of the Kyrgyz Republic, this Law and other laws, and also other regulatory legal acts accepted according to them.

2. The legislation on public service of the Kyrgyz Republic extends concerning the bailiff in that measure in which its professional activity is not settled by this Law.

Article 4. Requirements imposed to person appointed to position of the bailiff

1. Citizens can be the bailiff:

1) the Kyrgyz Republic, not having nationality of other state:

2) reached twenty-one-year age;

3) having the higher education, and for the senior and Main bailiffs - the higher legal education;

4) capable on the business and personal qualities, and also for health reasons to fulfill the duties assigned to them which passed the military-medical commission and special check.

2. To position of the bailiff there cannot be nominated person:

1) previously convicted for criminal offense irrespective of this criminal record is extinguished or removed;

Concerning which 2) criminal prosecution or criminal prosecution is performed it is stopped behind lapse of time, in connection with refusal of the victim of private and private and public prosecution and (or) in case of achievement of conciliation with the victim, owing to the act of amnesty;

3) not passed military service in armed forces and other military forming of the Kyrgyz Republic or military preparation according to the program of reserve officers or alternative (extra army) service on the bases following from marital status (these requirements do not extend to women);

4) dismissed or relieved of the post the public or municipal service and from law enforcement agencies on the negative bases.

For the purpose of refining of the data concerning the candidate, his relatives and close bonds special inspection by the direction of the corresponding requests in bodies of homeland security, internal affairs, health cares and other state bodies is carried out.

3. In case of assumption of office the bailiff takes the oath of the following content:

"I...., joining the ranks of Service of bailiffs, swearing on fidelity to the people of Kyrgyzstan, solemnly I swear:

to implicitly observe the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic;

it is fair to protect the rights of citizens, interests of society and. states;

it is worthy to transfer the difficulties connected with execution of service duties;

to strictly observe discipline, established procedure of office relations;

keep the state and protected by the law other secret;

value the professional honor, protect and develop the best traditions of Service of bailiffs.

For violation of this oath it is ready to bear the responsibility established by the legislation.

I serve the Kyrgyz Republic, I serve the Law!".

4. The procedure for administration of oath of the bailiff is established by the Main bailiff.

Observance of the oath is integral part of office discipline of the bailiff.

5. The restrictions, prohibitions and obligations established by the legislation of the Kyrgyz Republic on public service extend to the bailiff.

Article 5. Organization of activities of service of bailiffs

1, Divisions of service of bailiffs are formed by authorized body. Bailiffs consist under authorized body in system of judicial branch of the power.

2. The structure and the staff list of divisions of service of bailiffs, within the Kyrgyz Republic of the general number of staff of government employees of authorized body established by the chairman of the Supreme Court, are claimed by the head of authorized body in coordination with Judicial council of the Kyrgyz Republic.

3. The organization of activities of bailiffs in the Supreme Court of the Kyrgyz Republic and the Constitutional chamber of the Supreme Court of the Kyrgyz Republic is determined taking into account specifics of activities of these courts.

4. Organizational and methodical management of activities of bailiffs in local courts is performed by authorized body and its territorial authorities.

5. Authorized body

1) will organize work of bailiffs;

2) exercises coordination and control of activities of the service of bailiffs which is under its authority, and also function on project development of the regulatory legal acts relating to field of activity of this service;

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