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ADMINISTRATIVE PROCEDURE CODE OF THE KYRGYZ REPUBLIC

of January 25, 2017 No. 13

(as amended on 12-07-2022)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 15, 2016

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Coverage of this Code

This Code establishes procedure for legal proceedings on the disputes following from the administrative and legal (public) relations, the procedural principles and rules of consideration and permission of these disputes in court.

Article 2. Legislation on administrative legal proceedings

1. The procedure for legal proceedings in courts of the Kyrgyz Republic is determined by administrative cases by the Constitution of the Kyrgyz Republic, this Code, the Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", other laws of the Kyrgyz Republic adopted according to them and which came in the procedure established by the law into force international treaties which participant is the Kyrgyz Republic.

2. The regulations of the administrative procedural legislation containing in other laws and other regulatory legal acts shall correspond to this Code.

3. If in this Code there are no regulations on legal proceedings implementation, then regulations of the Code of civil procedure and other laws are respectively applied if they do not contradict the basic principles and the purposes of this Code.

4. Legal proceedings on administrative cases are performed according to the law existing during consideration and permission of case, making of separate legal proceedings or execution of court resolutions.

Article 3. Determination of the basic concepts applied in this Code

The basic concepts applied in this Code:

1) administrative legal proceedings (administrative process) - legal proceedings on the disputes following from the administrative and legal (public) relations between administrative authorities and (or) their officials, on the one hand, and physical persons and legal entities, on the other hand;

2) administrative case - the requirement about permission of legal dispute accepted to production of court between subjects of public legal relationship, and also the materials relating to this dispute. The concept "administrative case" does not extend to cases on administrative offenses;

3) the administrative act is act of administrative authority or its official, at the same time:

a) having public and individual and certain nature;

b) the interdepartmental nature having external impact, i.e. not having;

c) attracting consequence in law, i.e. establishing, changing, stopping the rights and obligations for the applicant and (or) the interested person;

4) the administrative claim - the procedural document which is filed a lawsuit by the subject of public legal relationship in protection of the violated or disputed rights, freedoms or interests protected by the law following from the administrative and legal (public) relations;

5) administrative authority - body of the state executive authority, executive body of local self-government, and also other bodies or persons given the law authority constantly or temporarily to perform ministerial procedures;

6) the administrative claimant - physical person or legal entity which took a legal action in protection of the rights, freedoms or legitimate interests, or person for the benefit of whom administrative claim by the prosecutor or the other person, such authority given the law is submitted;

7) the administrative defendant - administrative authority against which the claim in court is made;

8) the petition for appeal (appeal representation) - the claim or representation brought by persons participating in case in court of the second instance on the court resolution of Trial Court which did not take legal effect;

9) ministerial procedures - the actions of administrative authority made based on the statement of the interested person, initiative of administrative authority of establishment (provision, the certificate, confirmation, registration, providing), to change or the termination of the rights and (or) obligations, including which are coming to an end with issue of the administrative act (its acceptance, approval, approval), either registration or accounting of the interested person, its property, or provision of money, other property and (or) services at the expense of means of the government budget from the property which is in the state-owned or municipal property;

10) the official - person, is permanent, temporary or on special power performing functions of the public agent or performing organizational and administrative, administrative, control and auditing functions in administrative authorities;

11) court of the second instance - appellate instance, i.e. the judicial boards on administrative cases of regional courts and the Bishkek city court considering appeal (private) claims and representations to the acts of Trial Court which did not take legal effect;

12) legal representatives are parents, adoptive parents, guardians, custodians, and also representatives of the organizations and persons on whose care there is person participating in case;

13) the writ of appeal (cassation representation) - the claim or representation brought by persons participating in case in cassation instance on the court resolution of court of the second instance which took legal effect;

14) cassation instance - the judicial board on administrative cases of the Supreme Court of the Kyrgyz Republic considering writs of appeal and representations on acts of court of the second instance;

15) participants of process - the party, the third parties and their legal representatives, the prosecutor, subjects specified in Article 44 of this Code;

16) persons promoting justice implementation - experts, specialists, translators, witnesses;

17) determination, the decision, the resolution - the court resolutions which are taken out by courts during consideration of administrative cases;

18) the chairman - the judge presiding in case of joint consideration of the case or considering case solely;

19) representation - the claim of the prosecutor to court resolution;

20) prosecutor - The Attorney-General of the Kyrgyz Republic, prosecutors of areas, the prosecutor of the city of Bishkek, district and city prosecutors, military and other specialized prosecutors equated to prosecutors of areas, district or city prosecutors, their deputies and assistants, prosecutors of managements and departments of prosecutor's offices acting within the competence;

21) the protocol - the procedural document in which the legal proceeding taking place in judicial session is fixed;

22) the parties - the administrative claimant and the administrative defendant;

23) court - the administrative court, the judge of administrative court, judicial structure of judicial board on administrative cases considering administrative cases respectively on the first instance in appeal procedure and in cassation procedure;

24) the judge - person given in constitutional order authority to perform justice and fulfilling the duties on professional basis;

25) Trial Court - the administrative courts of areas and the cities of Bishkek authorized on direct research and establishment in judicial session of circumstances of administrative case and removal on it the corresponding court resolution;

26) the private claim (representation) - the claim or representation brought by persons participating in case on the determination of court which is taken out during consideration of administrative case;

27) private determination - the determination which is taken out by court concerning administrative authorities and their officials on the facts of violation of the law, the reasons and conditions promoting their making and requiring acceptance of adequate measures determined by consideration of administrative case.

Article 4. Tasks of administrative legal proceedings

Task of administrative legal proceedings is protection of the rights, freedoms and interests of physical persons, the rights and interests of legal entities in the field of the administrative and legal (public) relations from violations from administrative authorities and their officials by fair, impartial and timely treatment of administrative cases.

Article 5. The right to appeal to the court behind protection

1. Any interested person has the right according to the procedure, established by the law, to take a legal action behind protection of the violated or disputed rights, freedoms or interests protected by the law.

2. The disclaimer on appeal to the court is invalid.

3. In the cases provided by this Code and other laws, state bodies, local government bodies and other bodies have the right to take a legal action in protection of the state or public concerns.

4. If the legislation establishes pre-judicial procedure for appeal of administrative acts, actions (failure to act) of administrative authorities, then judicial contest of such acts perhaps only after observance of this procedure.

5. Foreign persons, stateless persons and foreign legal entities have in the Kyrgyz Republic the same right to judicial protection, as well as citizens and legal entities of the Kyrgyz Republic.

Article 6. Language in which administrative legal proceedings are performed

1. Legal proceedings on administrative cases are conducted in the state or official language.

2. The right to get acquainted with all case papers, to offer explanations, indications, the conclusions, to act and declare petitions in the native language, and also to use translation service (signer) according to the procedure, established by this Code is explained and provided to persons who are not knowing language in which legal proceedings are conducted.

3. Court resolutions are handed to persons participating in case in the state or official language.

4. In foreign language participants of administrative process submit documents with the certified translation attached to them in accordance with the established procedure on the state or official language.

Chapter 2. Principles of administrative legal proceedings

Article 7. Basic principles of administrative legal proceedings

1. Administrative legal proceedings are based on the following basic principles:

1) independence of judges;

2) supremacy of law;

3) legality;

4) equalities of all before the law and court;

5) objective investigation;

6) publicity and openness of legal proceedings;

7) obligation of judgments;

8) legal proceedings ustnost.

2. In administrative legal proceedings also other principles which are not provided by part of 1 this Article, created in practice of courts and gained the development in the legal theory are applied.

Article 8. Principle of independence of judges

1. When implementing administrative legal proceedings of the judge are independent and submit only to the Constitution and the laws of the Kyrgyz Republic.

2. Nobody has the right to demand from the judge of the report on specific administrative case. Any intervention in activities for justice implementation is forbidden. Persons guilty of impact on the judge, bear the responsibility provided by the law.

3. Peaceful assemblies and other actions at distance are closer than 30 meters to court house or in court which pursue the aim to make impact on the judge or court, are considered as intervention in activities of the judge or court and attract the responsibility established by the law.

Article 9. Principle of supremacy of law

The court by consideration of administrative case is guided by the principle of supremacy of law according to which the highest values rights and freedoms of man and citizen are recognized, and activities of state bodies, local government bodies and their officials shall be performed according to the Constitution, the laws and other regulatory legal acts of the Kyrgyz Republic.

Article 10. Principle of legality

1. The court shall resolve cases based on the Constitution of the Kyrgyz Republic, come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic, the laws and other regulatory legal acts of the Kyrgyz Republic.

2. Court, having established by consideration of administrative case discrepancy of the act of state body, local government body and their official of the Constitution, to the law and other regulatory legal acts of the Kyrgyz Republic, makes the decision according to the regulatory legal acts having big legal force.

3. In case of lack of the rules of law governing the disputable relation, the court applies the rules of law governing the similar relations, and in the absence of such regulations resolves dispute proceeding from the general beginnings and sense of the laws (analogy of the law and analogy is right).

Article 11. Principle of equality of all before the law and court

1. Administrative legal proceedings are performed on the basis of the principle of equality of all before the law and court.

2. The court during administrative process shall create complete and equal opportunities for each participant of process to express the line item, to perform the procedural law and obligations.

Article 12. Principle of objective investigation

1. Court, without being limited to the explanations, statements and proposals of participants of process produced by the evidence and other materials which are available in case researches all actual facts of the case important for the correct dispute resolution.

2. The court independently on own initiative or based on petitions of participants of process collects other proofs. The court can demand from the parties of submission of additional data and proofs.

3. Participants of administrative legal proceedings shall render court assistance in research of the actual circumstances connected with dispute and collection of proofs.

Article 13. Principle of publicity and openness of administrative legal proceedings

1. Trial of cases in all courts open.

2. The judgment passed by results of consideration of the case in proceeding in open court is proclaimed publicly.

3. The persons who are participating in case, present at proceeding in open court have the right to fix in writing or by audio recording the course of legal proceedings. Film and photographing, video, straight line of radio - and TV broadcast of judicial session are allowed from the leave of court.

4. Hearing of cases and the announcement of decisions in the closed judicial sessions are performed on the cases containing the data which are the state secret and also on another matters when it is provided by the law. The closed legal proceedings are allowed also in case of satisfaction of the petition of the person participating in case referring to need of preserving the commercial or protected by the law other secret, nondisclosure of data on private life of citizens or to other circumstances which public discussion is capable to interfere with the correct consideration of the case.

Written or by audio recording fixing of the course of the closed legal proceedings, film and photographing, video, straight line of radio - and TV broadcast of the closed judicial session are not allowed.

5. About consideration of the case in the closed judicial session the court accepts motivated determination in which it is specified about the prevention court of persons which were present at the closed judicial session about responsibility for disclosure of the data which became known when considering the case.

6. At trial of case in the closed judicial session there are persons participating in case, their representatives, and at necessary cases - also witnesses, experts, specialists, translators.

7. Case in the closed judicial session is considered and allowed with observance of all rules established by this Code.

8. By results of consideration of the case in the closed judicial session the substantive provisions of the decision are announced publicly.

Article 14. Principle of obligation of court resolutions

1. The court resolutions which took legal effect are obligatory for all public authorities, local government bodies, their officials, the government and local government officers, legal entities and physical persons and are subject to execution in all territory of the Kyrgyz Republic.

2. Non-execution of the court resolutions which took legal effect attracts the responsibility established by the legislation of the Kyrgyz Republic.

3. Obligation of court resolutions does not deprive of the interested persons who are not participating in case, the rights to take a legal action behind protection of the violated or disputed rights and interests protected by the law.

Section II. Organization of administrative legal proceedings

Chapter 3. Jurisdiction and cognizance of administrative cases

Article 15. Jurisdiction of administrative cases

1. According to the procedure of administrative legal proceedings administrative cases are considered:

1) about recognition invalid the administrative act or action of administrative authority completely or in part;

2) about obligation of administrative authority not to adopt the administrative act encumbering the claimant or not to make other action;

3) about obligation of administrative authority to adopt the administrative act or to make certain actions;

4) about recognition invalid subordinate regulatory legal act of administrative authority or representative body of local self-government;

5) about recognition illegal the invalid administrative act of administrative authority.

2. Cases are not considered according to the procedure of administrative legal proceedings:

1) about recognition invalid completely or regarding resolutions of state bodies and officials, representatives to consider cases on administrative offenses (about offenses);

2) about actions (failure to act) of the law enforcement agencies following from legal relationship in the field of criminal procedure;

3) about decisions, actions (failure to act) of legal executives in case of execution of executive documents.

Article 16. Cognizance of administrative cases

1. Administrative cases are considered on the first instance by courts in the location of defendants.

2. In case of appeal of administrative acts, actions (failure to act) of several defendants administrative claim is submitted to administrative court in the location of one of defendants in the choice of the claimant.

3. Consolidation in one production of several requirements which should be considered according to the procedure of different legal proceedings is not allowed.

Article 17. Case referral, accepted to production, in other court

1. The administrative case accepted to production by one court can be submitted other court:

1) if after removal of one or several judges or for other reasons replacement of judges or consideration of the case in this court become impossible. Case referral in this case is performed by the Supreme Court of the Kyrgyz Republic;

2) if when considering the case in this court came to light that it was accepted to production with cognizance abuse of regulations.

2. On the issue of case referral from one court in other court determination about which the private complaint, except as specified, 1 parts of 1 this Article provided in Item can be made is accepted. Case referral from one court in other court is made after term on appeal of this determination, and in case of submission of the claim - after removal of determination about leaving of the claim without satisfaction.

3. The case directed from one court to other court shall be accepted to production by that court to which it is sent. Disputes on cognizance between courts are not allowed.

Chapter 4. Structure of court. Branches

Article 18. Structure of court

1. Judges consider administrative cases on the first instance solely if other is not provided by the law. The judge solely considering case acts as court.

2. Administrative cases in Appeal Court are considered by judicial board on administrative cases as a part of three judges.

3. Administrative cases are considered in court of cassation instance by judicial board on administrative cases as a part of three judges.

Article 19. Procedure for permission of questions court in joint structure

1. All questions arising when considering the case by court in joint structure are permitted by judges by a majority vote. None of judges have no right to refrain from vote. The chairman in meeting votes the last.

2. The judge not concordant with the solution of the majority shall sign this decision and has the right to state in writing the special opinion which is filed, but is not disclosed.

Article 20. Removal of the judge

1. The judge cannot consider case and is subject to branch:

1) if he is family member, the close relative any of persons participating in case or their representatives;

2) if he personally, is directly or indirectly interested in the outcome of the case;

3) if he by the previous consideration of this case participated in quality of the prosecutor, expert, specialist, translator, representative, court session secretary;

4) if he in any form stated the line item out of judicial review about possible result of the case connected with dispute before its removal at discussion of judicial structure (or made the open statement).

2. The preliminary legal opinion expressed by the judge at stage of preparation for legal proceedings cannot be the basis for rejection of the judge or his branch.

Article 21. Inadmissibility of repeated participation of the judge in consideration of the case

1. The judge who was taking part in substantive prosecution cannot participate in consideration of this case in court of other instance.

2. The judge who was involved in consideration of the case and decision on the substance of dispute in the first or appellate instance, cannot participate in de novo review of the same case in the same instance, except cases of hearing of cases on newly discovered facts or new circumstances.

3. Participation of the judge of the Supreme Court of the Kyrgyz Republic in consideration of the case in cassation procedure is not obstacle for its repeated participation in consideration of this case in cassation procedure.

Article 22. Bases for removal of the prosecutor, expert, specialist, translator, court session secretary

1. The bases for branch specified in article 20 of this Code extend also to the expert, the specialist, the translator, the court session secretary.

Besides, the expert and the specialist cannot be involved in consideration of the case in case of detection of their incompetence.

2. Participation of the expert, specialist, translator and court session secretary by the previous consideration of this case as respectively expert, the specialist, the translator, the court session secretary is not the basis for their branch.

3. The bases for branch specified in Items 1-3 of part 1 of article 20 of this Code extend also to the prosecutor. At the same time participation of the prosecutor by the previous consideration of this case as the prosecutor is not the basis for branch.

Article 23. Statement for branch and rejection

1. In the presence of the circumstances specified in Articles 20 and 21 of this Code, the judge shall declare rejection.

In the presence of the circumstances specified in Article 20 and part of 1 Article 22 of this Code, the prosecutor, the expert, the specialist, the translator, the court session secretary shall declare rejection.

On the same bases branch can be declared by participants of process.

2. Branch or rejection shall be motivated and declared prior to substantive prosecution. During substantive prosecution consideration of the application about branch and rejection is allowed only in cases when the basis of branch or rejection became known to the court or person declaring branch or rejection after the beginning of consideration of the case.

3. The unreasonable refusal of implementation of justice is not allowed.

4. The unfounded allegation about removal of the judge is not subject to satisfaction.

Article 24. Procedure for permission of the declared branch

1. In cases of the statement of branch the court hears opinion of persons participating in case and also hears person to whom branch is declared if taken away wishes to offer explanations.

2. The question of branch is resolved by the determination of court which is taken out in the consultative room.

3. The branch declared to the judge or rejection of the judge considering case solely is allowed by the same judge.

4. When considering the case by court in joint structure the question of removal of one judge is allowed by other judges in the absence of taken away. In case of equal number of votes, given for branch and against branch, the judge is considered taken away. The branch declared to several judges or all joint structure is allowed by the same joint structure of court by a simple majority vote.

5. The question of removal of the prosecutor, the expert, the specialist, the translator and the court session secretary is allowed by the court considering case.

6. If branch is at the same time declared to the judge, the prosecutor, the expert, the specialist, the translator or the court session secretary, first of all the question of removal of the judge is resolved.

7. By results of consideration of question of branch or rejection by court motivated determination is accepted. Determination on the issue of branch and rejection is not appealed, but arguments can be included in appeal, the writ of appeal.

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