ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 14, 2017 No. 152

About approval of the Regulations on legal service of state bodies

For the purpose of increase in role and quality of work of legal services, their responsibility for law enforcement, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on legal service of state bodies according to appendix.

2. To the ministries, state committees, administrative departments:

- when implementing legal activities to be guided by the Provision approved by this resolution;

- provide strengthening of legal services of central office, territorial authorities and subordinated divisions, create the conditions promoting effective and high-quality activities develop package of measures for improvement of quality of work of legal services and strengthening of the mode of legality;

- not allow assignment on legal services of the additional functions unusual for their activities;

- bring the decisions into accord with this resolution.

3. Recommend to other state bodies and local government bodies to be guided in the activities by Regulations on legal service of state bodies.

4. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Regulations on legal service of state bodies and the organizations" of November 13, 1998 No. 736.

5. This resolution becomes effective after ten days from the date of official publication.

Appendix

Regulations on legal service of state bodies

1. General provisions

1. This Provision establishes single requirements to the organization and activities of legal service of state bodies of executive branch of the power (further - legal service) for the purpose of improvement of quality of work of state bodies in the sphere of legal support, respecting the rule of law of their activities.

2. The legal service will be organized in the form of the structural division performing the activities in interaction with other divisions of state body.

3. The legal service in the activities is guided by the legislation of the Kyrgyz Republic and this Provision.

4. Liquidation of legal service is not allowed, except cases of reorganization or liquidation of the most state body.

2. Tasks and functions of legal service

5. The main objectives of legal service are:

- ensuring compliance with the law in activities of state body and its officials;

- protection by legal means of property and other legitimate rights and interests of state body;

- promotion of the legislation of the Kyrgyz Republic, the organization of legal training in state body;

- direct participation in project development of regulatory legal acts, orders, agreements and other documents of legal nature according to competence of state body;

- consideration of drafts of the normative legal and other acts drafted by state body, on compliance to the legislation and the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic;

- legal consultation of officials and staff of structural divisions of state body;

- generalization of practice of application of the legislation by state body.

6. The legal service according to the tasks assigned to it performs the following functions:

- prepares offers on enhancement of the legislation on activities of state body;

- represents the interests of state body in courts and other state bodies by consideration of legal issues of activities of state body;

- participates in project development of regulatory legal acts, orders, agreements, procedural documents, and also other documents of legal nature developed by state body;

- carries out inventory count of the normative legal and other acts carried to competence of state body and prepares on the basis of the carried-out inventory count the projects of regulatory legal acts directed to their reduction in compliance with the laws of the Kyrgyz Republic, international treaties which became effective in the procedure established by the law which participant is the Kyrgyz Republic;

- considers the drafts of normative legal and other legal acts arriving in state body and draws on them the conclusions;

- participates in development of perspective and current plans of rule-making activities of state body by structural divisions, in implementation of these plans and control of their accomplishment;

- generalizes together with other structural divisions and analyzes law-enforcement practice of state body, makes offers on its enhancement;

- checks compliance to requirements of the legislation of the Kyrgyz Republic of the draft documents of legal nature represented for the signature to management and vises them;

- participates in development and implementation of actions for strengthening of labor discipline;

- makes offers on preparation of the measures directed to elimination of the reasons and conditions promoting violation of legality in activities of state body, and in necessary cases participates in their realization;

- performs organizational and methodical ensuring rule-making activities of state body, develops the offers directed to increase in efficiency of legal work in state body;

- participates in holding actions for increase in legal knowledge of employees of state body, develops and realizes actions for legal promotion of the legislation of the Kyrgyz Republic, will organize legal training in state body;

- performs organizational and methodical management of the organization of legal work in territorial authorities and the subordinated organizations of state body, including check concerning legality of the conclusion and execution of agreements, conducting claims and claim activities, about, timeliness and quality of consideration of the complaint made to state body, and other directions of legal work;

- will organize the systematized accounting and storage of the regulatory legal acts arriving in state body, performs collection, storage and processing of other documents according to the legal issues connected with activities of state body supports them in control condition;

- analyzes condition of claim work, court practice on disputes with participation of state body for the purpose of identification of the basic reasons and conditions which entailed the corresponding legal proceedings and makes offers on their elimination and accountability of perpetrators, and also performs other functions proceeding from the tasks assigned to legal service;

- performs other functions in the sphere of legal support.

3. Rights of legal service

7. The legal service has the right:

- carry out the work aimed at ensuring compliance with the law in activities of state body and its structural divisions;

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