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The document ceased to be valid since   November 29, 2019 according to Item 1 of the Order of the Government of the Kyrgyz Republic of  November 4, 2019 No. 596

ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 27, 2017 No. 176

About approval of the Standard regulations on the administrative commissions of local public administrations and executive bodies of local self-government on hearing of cases about administrative offenses

(as amended of the Order of the Government of the Kyrgyz Republic of 02.02.2018 No. 77)

According to the Code of the Kyrgyz Republic about the administrative responsibility, 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 Standard regulations on the administrative commissions of local public administrations and executive bodies of local self-government on hearing of cases about administrative offenses according to appendix.

2. To heads of local public administrations and executive bodies of local self-government (in coordination):

- in a month to create the administrative commissions under local public administrations and executive bodies of local self-government;

- bring the decisions into accord with this resolution.

3. To impose control of execution of this resolution on department of organizational and inspection work and local self-government of Government office of the Kyrgyz Republic.

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

Prime Minister

S.Zheenbekov

Appendix

Standard regulations on the administrative commissions of local public administrations and executive bodies of local self-government on hearing of cases about administrative offenses

1. General provisions

1. This Standard provision determines procedure for creation, work and power of the administrative commissions of local public administrations and executive bodies of local self-government (further - the Commission).

2. The commission according to articles 509 and 534-1 of the Code of the Kyrgyz Republic about the administrative responsibility is authorized to consider cases on administrative offenses within competence of local public administration or executive bodies of local self-government, according to the Code of the Kyrgyz Republic about the administrative responsibility.

3. The main functions of the Commission are hearing of cases about the administrative offenses and imposing of administrative punishment carried to its competence according to the legislation of the Kyrgyz Republic.

4. In the activities the Commission is guided by the Constitution of the Kyrgyz Republic, the Code of the Kyrgyz Republic about the administrative responsibility, the decisions of local public administration, executive bodies of local self-government regulating activities of the Commission and this Provision.

5. The commission is accountable:

to the head of local public administration - the akim;

to the head of executive body of local self-government - the mayor and the head ayyl to okmot.

The commission annually, no later than the January 15 following the accounting period (year) submits the report of local public administration and to executive body of local self-government about the done work for last calendar year and makes suggestions for improvement of measures for the prevention of administrative offenses and practice of their suppression.

2. Procedure for formation of the Commission

6. The commission is created by the decision of local public administration, city hall and ayyl to okmot. Material logistics of activities of the Commission is provided at the expense of the means provided in expense budgets of local public administration, city hall and ayyl to okmot.

7. The structure of the Commission affirms the decision of local public administration, city hall and ayyl to okmot.

Structure of the Commission of local public administrations:

the commission chairman - the deputy head of local public administration;

- ranking officers of local public administration;

- the representative of territorial subdivision of law-enforcement body and other state bodies (in coordination);

- representatives of civil society and local community within administrative and territorial units of the respective area (in coordination).

Structure of the Commission of the city hall:

- the commission chairman - the vice-mayor;

- ranking officers of the city hall;

- the representative of territorial subdivision of law-enforcement body and other state bodies (organizations) (in coordination);

- representatives of civil society and local community (in coordination).

Structure of the Commission ayyl to okmot:

- the commission chairman - the deputy head ayyl to okmot, in case of lack of position of the deputy head ayyl to okmot - the responsible secretary ayyl to okmot;

- ranking officers ayyl to okmot;

- the representative of territorial subdivision of law-enforcement body and other state bodies (organizations), (in coordination);

- representatives of civil society and local community (in coordination).

One of employees of the office of local public administration, executive body of local self-government - the city hall, ayyl to okmot to whom functions of the secretariat of the Commission are assigned enters into structure of the Commission acting on the permanent basis as the responsible secretary.

8. The citizen of the Kyrgyz Republic who reached 21 years, having secondary professional education and the higher education can be appointed the member of the commission.

9. Person cannot be the member of the commission:

- recognized as the judgment incapacitated or it is limited by capable;

- having criminal record;

- earlier brought to trial concerning which it is stopped criminal, prosecution (criminal case) on not rehabilitating bases;

- the having disease which according to the medical certificate interferes with execution of powers of the member of the commission.

10. Powers of the acting structure of the Commission begin from the date of adoption of the decision by relevant organ and stop from the moment of statement of new structure of the Commission.

11. Implementation of powers by the Commission stops in cases:

- entries into force of the law of the Kyrgyz Republic according to which the Commission loses appropriate authority;

inexpediency or impossibility of further implementation by the Commission of powers.

3. Main objectives and functions of the Commission

12. Main objectives of the Commission:

- hearing of cases about administrative offenses within the powers on the basis of comprehensive, complete, objective clarification of circumstances of each case;

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