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Constitution of the Kyrghyz Republic

Preamble
CHAPTER I - THE KYRGHYZ REPUBLIC

CHAPTER II - CITIZENS

CHAPTER III - PRESIDENT

CHAPTER IV - THE JOGORKU KENESH

CHAPTER V - THE EXECUTIVE POWER

CHAPTER VI - COURTS AND JUSTICE
CHAPTER VII - LOCAL SELF-GOVERNMENT
CHAPTER VIII - THE PROCEDURE FOR AMENDMENTS AND SUPPLEMENTS TO THE CONSTITUTION OF THE KYRGHYZ REPUBLIC

Preamble 

We, the People of Kyrghyzstan,

in order to secure national revival of the Kyrghyz, the defence and development of interests of representatives of all nationalities who form together with the Kyrghyz the

People of Kyrghyzstan, guided by the ancestors' precepts to live in unity, peace and concord;

to confrm our adherence to human rights and freedoms and idea of national statehood;
full of determination to develop the economy, political and legal institutions, culture in order to ensure worthy standards of living for everybody;
announcing our adherence to universal human principles, and moral values of national traditions;

full of desire to establish ourselves among the peoples of the world as a free and democratic civil society;

in our role as authorised representatives do enact the present Constitution.

CHAPTER I - THE KYRGHYZ REPUBLIC 

SECTION 1 - GENERAL PRINCIPLES

Article 1

1. The Kyrghyz Republic (Kyrghyzstan) shall be a sovereign unitary democratic republic created on the basis of a legal secular state.

2. Sovereignty of the Kyrghyz Republic shall not be limited and shall extend throughout its territory.

3. People of the Kyrgbyz Republic shall bear sovereignty and shall be the only source of the State Power in the Kyrghyz Republic.

4. People of the Kyrghyz Republic shall exercise their power directly and through the system of state bodies on the basis of this Constitution and laws of the Kyrghyz Republic.

Only the Jogorky Kenesh and the President of the Kyrghyz Republic elected by the People of Kyrghyzstan shall have the right to act on behalf of the People of Kyrghyzstan.

5. Amendments and supplements to the Constitution of the Kyrghyz Republic, the Laws of the Kyrghyz Republic, and other important masters of state life may be referred to a referendum (nation-wide vote). The basis and procedure of holding a referendum shall be established by the Constitutional Act.

6. Citizens of the Kyrghyz Republic shall elect President, Deputies of the Legislative Assembly of the Jogorky Kenesh and the Assembly of People's Representatives of the Jogorky Kenesh and their representatives to bodies of local self-government.
Elections shall be free and shall be held on the basis of universal equal and direct suffrage by secret ballot. To participate in the election a citizen must have attained the age of 18.

Article 2

1. The States and its bodies shall serve the whole society, and not its particular group.

2. No group of people, no organization, nor any person shall have the right to assume Power in the State. The usurpation of State Power shall be a felony.

Article 3.

1. The territory of the Kyrghyz Republic within its present boundaries shall be inviolable and indivisible.
2. The territory of the Kyrghyz Republic shall be divided to administrative territorial units established by law for the purposes of the organisation of state government.

Article 4

1. In the Kyrghyz Republic there may be state and private property.
The Kyrghyz Republic shall guarantee the diversity of property types and their equal protection by law.

2. In the Kyrghyz Republic the land, its subsoil, water, air space, forests, faune and flore, all natural resources shall be the property of the State.

3. Plots of land, in the procedure and size provided by law of the Kyrghyz Republic may be given to citizens and their associations for private possession. The purchase and sale of land shall not be allowed.

4. The Kyrghyz Republic shall defend the right of its citizens and legal entities to own property, and shall defend citizens' and governmental property located on the territories of other states.

Article 5

1. The official language of the Kyrghyz Republic shall be the Kyrghyz language.
2. The Kyrghyz Republic shall guarantee preservation, equal and free development and functioning of the Russian language and all other languages which are used by the population of the republic.
3. Infringement of the citizens' rights on the ground of absence of knowledge and command of the official language shall not be allowed.

Article 6

The state symbole of the Kyrghyz Republic are the State Flag, Emblem and Anthem. The capital of the Kyrghyz Republic is the city of Bishkek.
The unit of currency of the Kyrghyz Republic is the som.

SECTION 2 - THE STRUCTURE AND ACTIVITY OF THE STATE

Article 7

1. State power in the Kyrghyz Republic is based on the following principles:
- the supremacy of the power of the people, which is represented and ensured by the nationally elected head of state - the President of the Kyrghyz Republic;
- division of state power into legislative, executive and juridical branches, and of their coordinated functions and interactions;
- responsibility of state organs to the people and execution of these organs' powers in the interests of the people;
- separation of the functions of state power and local selfadministration.

2. Within the bounds of authority established by the present Constitution, the following represent and execute state power in the Kyrghyz Republic:
- The President of the Kyrghyz Republic;
- The Jogorku Kenesh of the Kyrghyz Republic, which consists of two houses: the Legislative Assembly of the Jogorku Kenesh and the Assembly of People's Representatives of the Jogorku Kenesh;
- The Government of the Kyrghyz Republic and local state administrations;
- The Constitutional Court, the Supreme Court, the Supreme Economic Court, and the courts and judges of the justice system.

Article 8

1. Political parties, trade unions and other public associations may be organised in the Kyrghyz Republic on the bases of free will and unity of interests. The State shall guarantee the rights and lawful interests of public associations.

2. Political parties may participate in state affairs only in the following forme:
- to nominate their candidates for the election to the Jogorku Kenesh, state posts and to bodies of local self-government;
- to form factions in representative bodies.

3. Religion, all sects shall be separated from the State.

4. The following shall not be allowed in the Kyrghyz Republic:
- the amalgamation of State and Party institutions, as well as subordination of State activity to party programs and decisions;
- the formation and activity of party organisations in state institutions and establishments. Officials shall have the right to carry out their party activities outside their working hours;
- membership and activity in support of any political party by military aryen, officials in the organs of internal affairs, national security, justice, procuracy and courts;
- organization of political parties on religious grounds. Religious organizations shall not pursue political aims and tasks;
- interference by members of religious organizations and sects with the activity of state bodies.
- the activity of political parties of foreign countries.

Article 9

1. The Kyrghyz Republic shall not pursue the policy of expansion, aggression and claim to territorial extent peformed by means of military force.
It shall reject any kind of militarization of national life, subordination of the government or its activity for the purposes of war. Military forces of Kyrghyzstan shall be organised in accordance with the principles of selfdefence and defensive sufficiency.

2. The right to go to war shall not be acknowledged except in case of aggression against Kyrghyzstan or other countries coming under the obligation to collective defence. The permission in each case when a military unit crosses over the borders of Kyrghyzstan must be received in the form of a decision of the Legislative Assembly approved not less than two-thirds of the total number of Deputies.

3. The use of military forces for the solution of internal political issues shall be prohibited. Military personnel may be called upon in case of natural disasters and in other similar cases prescribed directly by law.

4. The Kyrghyz Republic shall seek universal and just peace, mutual cooperation, solution of global and regional problems by peaceful measures, and shall observe universally recognized principles of International Law,
Actions aimed at disturbing the peaceful communal life of the people, propaganda and encouragement of ethnic clashes shall be unconstitutional,

Article 10

1. A state of emergency in Kyrghyzstan may be imposed only in case of natural disaster, direct threat to the Constitutional structure, breach of public order accompanied by violence and menace to human life, as well as under the circumstances and for limited periods, as provided for in the Constitutional Law.

2. A state of emergency throughout the territory of the Kyrghyz Republic may be imposed only by the Legislative Assembly. A state of emergency may be imposed by the President in limited locations under circumstances requiring immediate action; the President shall inform the Legislative Assembly the same day. The Legislative Assembly shall inform the act of the President within not more than three days.
If such a confirmation has not been made within the indicated time, the state of emergency shall be annulled.

3. Martial law in the Kyrghyz Republic may be introduced by the Legislative Assembly only in case of aggression against the Kyrghyz Republic.

4. Recess of a sittings of the Legislative Assembly shall not be allowed during a state of emergency and martial law. In those cases when the Legislative Assembly is not in sitting of the Legislative Assembly and a state of emergency has been imposed by the President, the Legislative Assembly shall call a special sitting of the Legislative Assembly not later than the day following the introduction of the state of emergency.

5. Referenda, elections to state bodies as well as any changes in the structure, functions and power of state bodies established by the Constitution shall not be allowed during a state of emergency and martial law.

Article 11

1. The state budget of the Kyrghyz Republic shall consist of the republicans budget and local budgets, compromising all expenditures and revenues of the state. The republican budget shall be approved by the Legislative Assembly upon presentation by the Government.

2. Revenue in the republican budget shall be derived from taxes established by law, other liabilities, income from state property and other incomes.
A single system of taxation shall function in the territory of the Kyrghyz Republic. The right to impose taxes shall belong to the Legislative Assembly of the Kyrghyz Republic. Laws which establish new taxes or which worsen the situation of taxpayers shall have no retroactive force.

3. The Legislative Assembly shall have the right to establish extra-budgetary dedicated financial funds. The sources of income for these extra-budgetary funds may be attracted assets.

4. The report on the execution of the republican budget and extra-budgetary funds shall be approved by the Legislative Assembly.

Article 12

1. The Constitution shall have supreme legal force and direct effect in the Kyrghyz Republic.

2. Laws and other normative acts shall be adopted on the basis of the Constitution.

3. International treaties and other norms of international law which have been ratified by the Kyrghyz Republic shall be a component and directly applicable part of legislation of the Kyrghyz Republic.

CHAPTER II - CITIZENS 

SECTION 1- CITIZENSHIP

Article 13

1. The belonging of a citizen to the Kyghyz Republic and his status shall be determined by citizenship.
A citizen of the Kyrghyz Republic shall observe the Constitution and laws of the republic, and shall respect the rights, freedoms, honour and dignity of other people.

2. Citizenship of other countries shall not be recognized for citizens of the Kyrghyz Republic.

3. No citizen of the Kyrghyz Republic shall be deprived of his citizenship or the right to change his citizenship.

4. The Kyrghyz Republic shall guarantee defence and protection of its citizens when outside its territory.

Article 14

1. Every citizen of the Kyrghyz Republic by virtue of his citizenship shall enjoy the rights and perform obligations.

2. Foreign citizens and stateless persons when in Kyrghyzstan shall enjoy the rights and freedoms of citizens and perform duties on the bases, under the terms and in the procedure prescribed by law, international treaties and agreements.

SECTION 2 - THE RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Article 15

1. Dignity of an individual in the Kyrghyz Republic shall be absolute and inviolable.

2. The basic human rights and freedoms shall belong to every person from birth. They shall be recognized as absolute, inalienable and protected by law and the courts from infringement by any other person.

3. All persons in the Kyrghyz Republic are equal before law and the court. No person shall be subject to any kind of discrimination, violation of his rights and freedoms on the ground of ethnic origin, sex, race, nationality, language, religion, political and religious convictions, as well as under other conditions and circumstances of private or social nature.

4. Human rights and freedoms are valid in the Kyrghyz Republic. Such rights shall determine the meaning, content and application of the laws, shall be respected by legislative and executive branches and local self-government, and shall be guaranteed by the judicial system.

5. In the Kyrghyz Republic, the State shall encourage folk customs and traditions which do not contravene the Constitution and human rights and freedoms.

Article 16

1. In the Kyrghyz Republic the basic human rights and freedoms shall be recognized and guaranteed in accordance with universally accepted norms and principles of international law, international treaties and agreements on the issues of human rights which have been ratified by the Kyrghyz Republic.

2. Every person in the Kyrghyz Republic shall enjoy the right:
- to life, physical and moral immunity;
- to persona! freedom and security;
- to freedom of persona! development;
- to freedom of conscience, spirit and worships;
- to free expression and dissemination of one's thoughts, ideas, opinions, freedom of literary, artistic, scientific and technical creative work, freedom of the press, transmission and dissemination of information;
- to freedom of movement and freedom to choose one's place of residence throughout the territory of Kyrghyzstan, and the right to travel abroad and return home;
- to freedom of assembly,
- to associate peacefully without weapons, to hold meetings and demonstrations;
- to inviolability of the home;
- to freedom and privacy of correspondence;
- to dignity, freedom of private life, persona! and family secrecy;
- to have property, to possess, use and administer it on one's own account;
- to economic freedom, free use of one's abilities and property for any type of economic activity;
- to freedom of labor, and free choice of one's type of activity and occupation.

The enumeration of rights and freedoms in the Constitution shall not be interpreted as negating of infringing upon other universally-recognized human rights and freedoms.

Article 17

1. In the Kyrghyz Republic no laws shall be enacted which abolish or infringe on human rights and freedoms.

2. Restrictons on the exercise of rights and freedoms shall be allowed by the Constitution and laws of the Kyrghyz Republic only for the purposes of guaranteeing rights and freedoms of other persons providing public safety and constitutional order. In such cases, the essence of the constitutional rights and freedoms shall not be effected.

Article 18

1. Limitations of physical and moral inviolability shall be allowed only on the basis of law by the decision of a court as punishment for a crime committed. No one may be tortured, subjected to ill-treatment or inhuman degrading punishment.

2. Medical, biological, and physiological experiments on people shall be prohibited without a voluntary agreement properly expressed and confirmed by the person participating in the experiment.

3. No one may be subjected to arrest or detention except on the basis of law. Any action aimed at imposing responsibility for a crime on a person before the sentence had been passed by the court shall not be allowed, and shall be grounds for material and moral compensation to the victim by the court.

4. Capital punishment may be imposed only in exceptional cases under the sentence of a court.
Any person sentenced to capital punishment shall have the right to appeal for pardon.

Article 19

1. Private property in the Kyrghyz Republic shall be recognized and guaranteed as an inalienable human right, as a natural source of one's welfare, business and creative activity and as a guarantee of one's economic and persona! independence.

2. Property shall be inviolable. No person can be deprived of his property, and its deprivation against the will of its owner shall be allowed only by the decision of a court.

3. In the Kyrghyz Republic the right of inheritance shall be guaranteed and protected by law.

Article 20

The Kyrghyz Republic may grant political asylum to foreign citizens and stateless persons in response to human rights violations.

SECTION 3 - THE HIGHTS AND DUTIES OF A CITIZEN

Article 21

1. Citizens of the Kyrghyz Republic, and their organizations, shall be allowed to engage in any action or activity, except those prohibited or restricted by the present Constitution and laws of the Kyrghyz Republic.
2. The enjoyment of the rights and freedoms by a citizen of the Kyrghyz Republic shall be inseparable form his duties as are necessary for the security of private and national interests.

Article 22

Laws of the Kyrghyz Republic concerning the rights and freedoms of citizens shall be equally applied to all citizens and shall not bestow on anyone privileges and preferences, except those provided by the Constitution and laws for the social protection of citizens.

Article 23

Citizens of the Kyrghyz Republic shall participate in governing both directly and through their representatives, in the discussion and adoption of laws, decisions of republican and local significance, and they shall have equal access to governmental services.

Article 24

Citizens of the Kyrghyz Republic shall have the right and duty to defend the Motherland. Citizens shall perform military service within the limits and in the forms established by law.

Article 25

Citizens of the Kyrghyz Republic are obliged to pay taxes and fees in accordance with legislation.

Article 26

1. The Family shall be the fundamental unit of society; family, fatherhood, maternity and childhood shall be the subject of concern for the whole society and subject to preferable protection by law; childcare and upbringing shall be the natural right and civic duty of the parents. Children are obliged to render help to their parents.

2. The government shall provide material assistance, up-bringing and education for orphans and children deprived of parental support.

3. Respect for old people and support for relatives shall be a sacred tradition of the People of Kyrghyzstan.

Article 27

1. In the Kyrghyz Republic social maintenance at the expense of the government shall be guaranteed in old age, in sickness and in the event of complete or partial disability or loss of the breadwinner.

2. Pensions and social maintenance in accordance with economic resource of the society shall provide a standard of living not below the minimum wage established by law.

3 . Voluntary social insurance and the establishment of additional forms of security and charity shall be encouraged.

Article 28

1. Citizens of the Kyrghyz Republic shall have the right to protection of labor in all its forms and ways, including the right to working conditions which comply with norms of security and hygiene, as well as the right to social protection against unemployment.

2. The government shall provide for professional training and improvement of professional skills of citizens, and shall encourage and promote international organizations which have the aim of consolidating and securing the right to work.

3. The forced labor of citizens shall be prohibited, except in cases of war, natural disaster, epidemic or in the other extraordinary circumstances, as well as in the execution of punishment upon sentence of the court.

Article 29

Citizens of the Kyrghyz Republic working under labor agreement (contract) shall have the right to fair remuneration not below the minimum wage established by the government.

Article 30

Citizens of the Kyrghyz Republic shall have the right to strike.
The procedure and conditions for holding strikes shall be prescribed by law.

Article 31

1. Citizens of the Kyrghyz Republic shall have the right to rest.

2. The maximum duration of the working hours, the minimum weekly rest and annuel paid leave as well as other terms of exercise of the right to rest shall be prescribed by law.

Article 32

1. Every citizen of the Kyrghyz Republic shall have the right to education.

2. General secondary education shall be compulsory and free of charge. Every person shall have the right to get it at national educational institutions.
Every person shall have the right to get free education at national educational institutions.

3. The State shall provide for every person in accordance with individual aptitude accessibility to vocational, special secondary and higher education.

4. Paid education for citizens at national and other educational institutions shall be allowed on the basis and in the procedure established by legislation.

5. The State shall exercise control over the activity of educational institutions.

Article 33

Citizens of the Kyrghyz Republic shall have the right to housing. The State promotes the fulfilment of the right to housing by giving and selling state-owned housing, by encouragement of individual house building.

Article 34

1. Citizens of the Kyrghyz Republic shall enjoy the right to protection of health, to benefit freely from the network of state public health institutions.

2. Paid medical service shall be allowed on the basis and in the procedure established by law.

Article 35

1. Citizens of the Kyrghyz Republic shall have the right to healthy safe environment and to compensation for the damage caused to one's health and property by the activity in the sphere of nature usage.

2. The protection of environment, natural resources and historical monuments shall be the sacred duty of every citizen.

Article 36

1. Culture, art, literature, science and the mass media shall be free.

2. The State shall protect historical monuments, care of and provide the necessary conditions for the development of literature, art, science, the mass media and sports.

3. Citizens shall have the right to enjoy cultural benefits, to study art and science.

Article 37

Social activity of the State shall not be substituted by state care limiting economic freedom and activity, the opportunity of a citizen to achieve economic welfare for himself and his family.

Article 38

1. It is the duty of the state and all its bodies and officials to provide for full, absolute and immediate protection of the rights and freedoms of citizens, to prevent the infringement of rights in this sphere and to restore the violated provision.

2. The Kyrghyz Republic shall guarantee judicial defence of all the rights and freedoms of citizens established by the Constitution and laws.

Article 39

1. A citizen charged with an offence shall be presumed innocent until found guilty by sentence of the court.

2. The State shall guarantee everyone defence from arbitrary and unlawful interference with one's private and family life, infringement of one's honour and dignity, or breach of secrecy of correspondence and telephone conversations.

3. No one shall have the right to enter a dwelling except in cases when it is necessary to conduct a sanctioned search or seizure of property, to secure public order, to arrest a criminal, or to save the life, health or property of a person.

Article 40

Every citizen in the Kyrgyz Republic shall be guaranteed effective legal assistance and defence of the rights and freedoms provided for by the Constitution.

Article 41

The publication of laws and other normative legal acts concerning the rights, freedoms and duties of an individual and a citizen shall be a compulsory condition for their application.

CHAPTER III - PRESIDENT 

Article 42

1. The President of the Kyrgbyz Republic is the head of the state and the highest official of the Kyrghyz Republic.

2. The President of the Kyrghyz Republic is the symbol of the unity of the people and state power, and is the guarantor of the Constitution of Kyrghyz Republic and of human rights and freedoms.

3. The President of the Kyrghyz Republic defines the fundamental directions of internal and external policy of the state, represents the Kyrghyz Republic within the country and in international relations, takes measures to guard the sovereignty and territorial integrity of the Kyrghyz Republic, and ensures the unity and continuity of state power and the coordinated functioning and interaction of state organs and their responsibility to the people.

SECTION 1 - THE ELECTION OF THE PRESIDENT

Article 43

1. The President of the Kyrghyz Republic shall be elected for a term of five years.

2. The same person shall not be elected President for more than two terms running.

3. A citizen of the Kyrghyz Republic may be elected President of the Kyrghyz Republic if he is not younger than 35 years of age and is not older than 65 years of age, who has command of the official language and have been a resident of the republic for not less than 15 years before the nomination of his candidature to this office of President.

4. The President of the Kyrghyz Republic shall not be Deputy of the Jogorku Kenesh, shall not hold other posts and engage in free enterprise activity.

5. The President of the Kyrghyz Republic shall suspend his activity in political parties and organizations during the term of office till the beginning of a new election for President of the Kyrghyz Republic.

Article 44

1. A new election for the office of President of the Kyrghyz Republic shall be held two months before the date on which the Powers of the President of the Kyrghyz Republic expire.

2. The President of the Kyrghyz Republic shall be elected by citizens of the Kyrghyz Republic by a majority of actual votes cast; elections shall be held on the basis of universal equal and direct suffrage by secret ballot.

3. The number of candidates for the office of President of the Kyrghyz Republic shall not be limited. Any person who has registered and has obtained not less than 50,000 voter signatures may be a candidate for President of the Kyrghyz Republic.

4. The election of the President shall be considered valid if more than fifty per cent of all voters in the republic have taken part in the election.

In the first ballot, a candidate shall be considered elected to the office of President if he has obtained more than half of those votes cast in the election.

If none of the candidates obtains more than half of the votes cast in the first ballot, only the two candidates who have obtained the largest number of votes shall be appear on the second ballot. A candidate who obtains more than half of the votes cast in the second ballot shall be considered elected if not less than fifty per cent of all voters have taken part in the second ballot.

Article 45

1. The results of the election for President of the Kyrghyz Republic shall be confirmed by the Constitutional Court of the Kyrghyz Republic not later than seven days after the date of the election.

2. After the Chairman of the Supreme Court of the Kyrghyz Republic announces the results of voting, the President shall take the oath of office in the presence of the deputies of the Legislative Assembly and Assembly of People's Representatives within 30 days.

3. Upon entry into office, the President of the Kyrghyz Repulic shall take an oath before the People of Kyrghyzstan:
“I, ...., taking on the obligation of President of the Kyrghyz Republic, before my People and the sacred Mother and of Ala-Too do swear:

To observe and protect the Constitution and laws of the Kyrghyz Republic; to guard the sovereignty and independence of the Kyrghyz State; to respect and guarantee the rights and freedoms of all citizens of the Kyrghyz Republic; to perform faithfully the high duties of the President of the Kyrghyz Republic entrusted to me by the confidence of all the People!"

4. The terms of the Presidential mandate shall become effective from the moment of taking the oath of office. The Powers of the President shall terminate upon the moment a newly-elected President enters office.

SECTION 2 - THE POWERS OF THE PRESIDENT

Article 46

1. The President of the Kyrghyz Republic:

1) determines the structure of the Government of the Kyrghyz Republic;

2) appoints the Prime Minister of the Kyrghyz Republic with the assent of the Assembly of People's Representatives;

3) appoints, in consultation with the Prime Minister of the Kyrghyz Republic, the members of the Government of the Kyrghyz Republic and also directors of administrative departments, and relieves them of their offices;

4) accepts requests by the Prime Minister, the Government, or an individual member of the Government to resign; decides on his own initiative for the Prime Minister or Government to resign;

5) appoints, with the consent of the appropriate local keneshes, the heads of state administration of districts, districts, and cities; and relieves them of their offices;

6) appoints the State Secretary of the Kyrghyz Republic and determines his status and authorities, forms the Administration of the President of the Kyrghyz Republic;

7) forms and abolishes executive organs not included in the makeup of the Government;

8) forms and heads the Security Council of the Kyrhgyz Republic and other coordinating organs;

9) forms the state guards and the National Guard, which are subject to him;

10) authorizes, in consultation with the Prime Minister, a unified system of training and selection of personnel for organs maintained at the expense of the state budget, and of the financing of state organs and payment of those working in the service of the state.

2. The President of the Kyrghyz Republic:

1) makes appointments, with the consent of the Assembly of People's Representatives, to the office of Procurator General of the Kyrghyz Republic; and relieves him of his office;

2) makes appointments, with the assent of the Assembly of People's Representatives, to the offices of Chairman of the Board of the National Bank of the Kyrghyz Republic; and relieves him of his office;

3) presents to the Assembly of People's Representatives candidates for election to the offices of Chairman of the Constitutional Court of the Kyrghyz Republic, his deputy, and the judges of the Constitutional Court of the Kyrghyz Republic;

4) presents to the Assembly of People's Representatives candidates for election to the offices of Chairman of the Supreme Court of the Kyrghyz Republic and of the Supreme Economic Court of the Kyrghyz Republic, their deputies, and the judges of the Supreme Court of the Kyrghyz Republic and of the Supreme Economic Court of the Kyrghyz Republic;

5) appoints the chairman, their deputies, and judges of the courts of the regions, the city of Bishkek, districts, and cities, and of the economic courts of the regions and the city of Bishkek, and also of the military tribunals of the Kyrghyz Republic, and relieves them of their positions in cases stipulated by the Constitution and laws.

3. The President of the Kyrghyz Republic:

1) directs the foreign policy of the Kyrgbyz Republic;

2) conducts negotiations and signs the international treaties of the Kyrghyz Republic;

3) signs instruments of ratification;

4) appoints and recalls diplomatic representatives of the Kyrghyz Republic in foreign
states and international organizations; accepts the credentials and letters of recall of the heads of diplomatic missions of foreign states and representatives of international organizations accredited to the President of the Kyrghyz Republic;
5) decides questions of assumption and forfeiture of citizenship in the Kyrhgyz Republic and of granting political asylum.

4. The President of the Kyrghyz Republic:
1) confers state awards of the Kyrghyz Republic;
2) confers honorary titles of the Kyrghyz Republic;
3) confers higher military ranks, diplomatic ranks, class ranks, and other special titles;
4) grants pardons.

5. The President of the Kyrghyz Republic:

1) presents draft laws to the Jogorku Kenesh;

2) signs laws or returns them with his objections to the appropriate house of the
Jogorku Kenesh for further consideration; publishes laws;

3) speaks to the people in yearly messages on the state of affairs in the country, to be delivered at a joint sitting of both houses of the Jogorku Kenesh;

4) has the right to halt or annul the action of acts of the Government of the Kyrghyz Republic and acts of other organs of executive power;

5) has the right to decide on question of financing measures of an urgent nature at state expense, and to establish funds;

6) exercises full legislative authority in cases and by the procedure stipulated in Article 68 of the present Constitution.

6. The President of the Kyrghyz Republic:

1) has the right to call early sittings of the Legislative Assembly and early sessions of the Assembly of People's Representatives and to determine masters eligible for consideration;

2) calls referenda on his own initiative, or takes decisions on calling referenda on the initiative of no less than 300,000 voters or a majority of the total number of deputies of both houses of the Jogorku Kenesh;

3) calls elections to the Legislative Assembly and the Assembly of People's Representatives, and carries out early dissolution of the Legislative Assembly and Assembly of People's Representatives in cases stipulated in the present Constitution;

4) calls elections to local Keneshes and carries out their early dissolution in cases stipulated in the present Constitution;

5) appoints the Chairman of the Central Committee on Elections and Conduct of Referenda and one-third of its members;

6) appoints the Chairman of the Counting Board and one-third of its auditors.

7. The President of the Kyrghyz Republic, in the presence of grounds stipulated by law, shall warn of the possibility of introducing a state of emergency, and when necessary introduce a state of emergency in individual locations without prior declaration, of which action he shall promptly inform the Legislative Assembly.

8. The President of the Kyrghyz Republic declares universal or partial mobilization (of troops); shall announce the status of troops in the event of aggression or direct threat of aggression to the Kyrghyz Republic, and shall promptly submit this master for the consideration of the Legislative Assembly; and declares the state of war, in the interests of the defense of the country and the safety of its citizens, and shall promptly submit this master for the consideration of the Legislative Assembly.

9. The President of the Kyrghyz Republic is the Commander in Chief of the Armed Forces, and appoints and dismisses commanders of the Armed Forces of the Kyrghyz Republic.

Article 47

1. The President of the Kyrghyz Republic issues decrees and orders.

2. Execution of decrees and orders of the President of the Kyrghyz Republic is mandatory for the whole territory of the Kyrghyz Republic.

3. Decrees and orders made by the President of the Kyrghyz Republic in carrying out full legislative authority in accordance with Subpoint 5 of Point 5 of Article 46 of the Constitution, shall have the force of law.

Article 48

The President of the Kyrgbyz Republic has the right to transfer the authority envisagea in Sub-point 2 of Point 3 of Article 46 of the Constitution to the Prime Minister, members of the Government, and other officials; and also has the right to ratify international financial contracts and credit agreements signed by them.

Article 49

1. The President of the Kyrghyz Republic, his honor and his dignity are inviolable.

2. Provision, maintenance and protection of the President of the Kyrghyz Republic, as well as of his family, shall be made as state expense.

Article 50

1. The term of office of the President may be terminated as a result of: resignation by his own petition, made by him to a joint sitting of the houses of the Jogorku Kenesh; his dismissal from office in a procedure stipulated by the present Constitution; or inability to execute his authority due to illness or as a result of his death.

2. If the President of the Kyrghyz Republic is unable to carry out his duties due to illness, both houses of the Jogorku Kenesh shall take the decision on early dismissal of the President of the Kyrghyz Republic from office on the basis of the conclusion of a State Medical Commission created by it and with a vote of no less than two-thirds of the total number of deputies of each houses.

Article 51

1. The President of the Kyrghyz Republic may be dismissed from the office by the Assembly of People's Representatives only on the basis of a charge made by the Legislative Assembly of high treason or the commission of another grievous crime supported by a ruling of the Constitutional Court of the Kyrghyz Republic.

2. Decision by the Legislative Assembly to lay a charge against the President of the Kyrghyz Republic for dismissing him from office must be made by a vote of two-thirds of the total number of deputies of the Legislative Assembly, and on the initiative of no less than a majority of the total number of deputies of that house, and in the presence of a ruling a special commission formed by the Legislative Assembly.

3. A negative ruling by the Constitutional Court of the Kyrgbyz Republic on a charge made by the Legislative Assembly shall entail the dissolution of the Legislative Assembly.

4. A resolution of the Assembly of People's Representatives on dismissal of the President of the Kyrghyz Republic from office must be adopted by a majority vote of no fewer than two-thirds of the total number of deputies of that house, no later than two months after the laying of the charge against the President by the Legislative Assembly. If a decision is not reached by the Assembly within this period, the charge shall be considered to be refuted.

Article 52

1. If the President of the Kyrghyz Republic is unable to carry out his duties for reasons stated in Article 50 of the present Constitution, the Prime Minister shall carry out his duties trenceforward until the election of a new President of the Kyrghyz Republic. Election of a new President of the Kyrghyz Republic must in this case be conducted within three months of the termination of the term of office of the President of the Kyrghyz Republic.

2. The Prime Minister, while executing the duties of the President of the Kyrghyz Republic, shall not have the right to dissolve the Legislative Assembly or the Assembly of People's Representatives, to call a referendum, to terminate the authority of the Government, or to make proposals for introducing amendments and supplements to the Constitution of the Kyrghyz Republic.

Article 53

1. All former Presidents of the Kyrghyz Republic, except those who have been dismissed from office by the procedure established in Article 51 of the present Constitution, have the title of ex-President of the Kyrghyz Republic.

2. Provision, maintenance, and protection of an ex-President of the Kyrghyz Republic shall be made at state expense by a procedure established by law.

CHAPTER IV - THE JOGORKU KENESH 

SECTION 1 - THE ELECTION OF THE JOGORKU KENESH

Article 54

1. The Jogorku Kenesh - the parliament of the Kyrghyz Republic - is the representative organ which effects legislative power.

2. The Jogorku Kenesh consists of two houses: the Legislative Assembly with 35 deputies, which sits continuously and is elected on the basis of representation of the interests of the total population of the republic;
and the Assembly of People's Representatives, which works in sessions and is elected on the basis of representing territorial interests.

3. Deputies of the Legislative Assembly and Assembly of People's Representatives are elected for five years.
The procedure for electing deputies of the Legislative Assembly and Assembly of People's Representatives is determined by constitutional law.

Article 55

1. Each house of the Jogorku Kenesh shall assemble for its first sitting after election with no fewer than two-thirds of the members of the given house and no later than 30 days after the publication of the results of the election.

2. The eldest deputy of each house of the Jogorku Kenesh shall open the first sitting of that house.

3. The Legislative Assembly and the Assembly of People's Representatives shall meet separately. The houses shall meet jointly for the taking of oaths by judges of the Constitutional Court of the Kyrghyz Republic, for hearing messages and declarations of the President of the Kyrghyz Republic and addresses of the leaders of foreign states, and also in other cases envisaged by the regulations of the houses of the Jogorku Kenesh.

4. From the day of the stars of work of the new convocation of the Legislative Assembly and the Assembly of People's Representatives, the authority of the old convocation of the Legislative Assembly and the Assembly of the People's Representatives shall be terminated.

Article 56

1. A citizen of the Kyrghyz Republic may be elected Deputy of the Legislative Assembly of the Jogorku Kenesh and Deputy of the Assembly of People's Representatives of the Jogorku Kenesh if he has attained the age of 25 and permanently resided in the Republic for not less than 5 years.

2. Deputy of the Legislative Assembly of the Jogorku Kenesh and Deputy of the Assembly of People's Representatives shall be a representative of the People of Kyrghyzstan. shall be subordinated to the Constitution of the Kyrghyz Republic and his conscience.

3. A Deputy of the Legislative Assembly and a Deputy of the Assembly of People's Representatives possesses the right of immunity: he may not be detained, arrested, or subjected to search or personal examination, except in cases of arrest at the scene of a crime or of commission of a grievous crime. Subjection of a deputy to criminal or administrative accountability, to be imposed by judicial procedure, shall be allowed only with the consent of the appropriate house.

4. One and the same person may not simultaneously be a deputy of the Legislative Assembly and of the Assembly of People's Representatives. A deputy of the Legislative Assembly or Assembly of People's Representatives may not simultaneously be a deputy of a local kenesh.

Deputies of the Legislative Assembly may not work in another state service and may not engage in business activity. A deputy of the Legislative Assembly has the right to engage in teaching scientific, or other creative activity, if such activity does not interfere with the performance of his duties as deputy.

Deputies of the Assembly of the People's Representatives may not simultaneously be engaged in the office of a member of the Government, a procurator, a judge, or another office of state service envisaged by law. A deputy of the Assembly of People's Representatives working in the state service may be relieved of the position occupied without the consent of his house.

5. A deputy of the Legislative Assembly or Assembly of People's Representatives who has not warranted the trust of the voters may be dismissed by decision of a majority of voters in a procedure established by law.

6. A deputy of the Legislative Assembly or the Assembly of People's Representatives shall be deprived of his mandate by resolution of the Central Commission on Elections and Conduct of Referenda in the event of (his) submitting a resignation, delivery of a guilty verdict against him by a court, acknowledgment of his inability to function, recall by voters, dissolution of his house, or removal of permanent residence beyond the borders of the Kyrghyz Republic.

7. Preparation of question connected with employing prosecution measures on deputies, observance by them of the requirements of Point 4 of the present Article, rules of parliamentary ethics, termination of office of deputies, and deprivation of their authority and parliamentary immunity is the work of the Central Commission on Elections and Conduct of Referenda.

Article 57

A deputy of the Legislative Assembly and the Assembly of People's Representatives has the right of inquiry to organs of executive power and other officials, who are obliged to answer the inquiry within 10 days.

SECTION 2 - POWERS OF THE JOGORKU KENESFI AND ASSEMBLY OF PEOPLE'S REPRESENTATIVES

Article 58

1. The work of the Legislative Assembly includes:
1) introduction of amendments and supplements to the Constitution of the Kyrghyz Republic in the procedure established by the Constitution;

2) adoption of laws of the Kyrghyz Republic;

3) official interpretation of the Constitution and the laws adopted by it (the Assembly);

4) alteration of the borders of the Kyrghyz Republic;

5) approval of laws adopted by the Assembly of People’s Representatives;

6) election, upon nomination by the President of the Kyrghyz Republic, of the Chairman of the Constitutional Court of the Kyrghyz Republic, his deputy, and judges
of the Constitutional Court of the Kyrghyz Republic;

7) election of one-third of the members of the Central Commission on Elections and Conduct of Referenda;

8) appointment of one-third of the auditors of the Counting Board;

9) ratification and abrogation of international treaties, excepting cases envisaged in Article 48 of the present Constitution;

10) introduction of states of emergency, authorization or annulment of decrees of the President of the Kyrghyz Republic on this issue;

11) deciding matters of war and peace; introduction of the state of war, declaration of war; and authorization or annulment of decrees of the President of the Kyrghyz Republic on these issues;

12) deciding matters of the possibility of using the Armed Forces of the Kyrghyz Republic beyond its borders when necessary to fulfill international treaty obligations in support of peace and security;

13) establishment of military ranks, diplomatic ranks, class ranks, and other special titles of the Kyrghyz Republic;

14) establishment of state awards and honorary titles of the Kyrghyz Republic;

15) issuing acts of amnesty;

16) hearing annual reports of the Prime Minister as well as of organs and officials appointed and elected by it, with account taken of the rules of autonomy and in dependence of such organs and officials established in the present Constitution;

17) laying charges against the President of the Kyrghyz Republic toward his dismissal from office.

2. The Legislative Assembly adopts resolutions on questions envisaged in Sub-points 5-8, 16, and 17 of point 1 of the present Article.

3. The work of the Assembly of People’s Representatives of the Jogorku Kenesh includes:
1) introduction of amendments and supplements to the Constitution of the Kyrghyz Republic; adoption of laws in cases envisaged by the Constitution;

2) approval of laws adopted by the Legislative Assembly in cases envisaged by the Constitution;

3) official interpretation of the Constitution and of the laws adopted by it (the Assembly);

4) authorization of the republican budget and of reports on its implementation;

5) alteration of the borders of the Kyrghyz Republic;

6) deciding masters of the administrative and territorial structure of the Kyrghyz Republic;

7) calling elections for President of the Kyrghyz Republic;

8) approval of appointments of Prime Minister of the Kyrghyz Republic;

9) approval of appointments of Procurator General of the Kyrghyz Republic;

10) approval of appointments of Chairman of the Board of the National Bank of the Kyrghyz Republic;

11) election, upon nomination by the President of the Kyrghyz Republic, of the Chairman of the Constitutional Court of the Kyrghyz Republic, his deputy, and the judges of the Constitutional Court of the Kyrghyz Republic;

12) election, upon nomination by the President of the Kyrghyz Republic, of the Chairman of the Supreme Court of the Kyrghyz Republic, their deputies, and the judges of the Supreme Court and the Supreme Economic Court of the Kyrghyz Republic;

13) election of one-third of the members of the Central Commission on Elections and Conduct of Referenda;

14) deciding questions of dismissing officials in cases envisaged in Point 1 of Article 81 of the Constitution;

15) appointment of one-third of the auditors of the Counting Board;

16) dismissal of the President of the Kyrghyz Republic from office;

17) hearing reports of the Prime Minister as well as of organs and officials appointed and elected by it, with account taken of the rules of autonomy and independence of such organs and officials established in the present Constitution;

18) expression of no confidence in the Prime Minister;

19) hearing reports of the Procurator General and the Chairman of the Board of the National Bank.

4. The Assembly of People's Representatives adopts resolution on questions envisaged in Sub-points 2 and 7-19 of Point 3 of the present Article.

Article 59

1. Laws on the introduction of amendments and supplements to the Constitution, constitutional laws, laws on the alteration of the borders of the Kyrghyz Republic, and on interpretation of the Constitution and constitutional laws, shall be adopted by both houses of the Jogorku Kenesh by a majority vote of no fewer than two-thirds of the total number of deputies of each of the houses.

2. Laws adopted by the Legislative Assembly on masters of taxes and levies, financial and customs regulations, banking activities, ratification and abrogation of international treaties of the Kyrghyz Republic, and amnesty, shall be subject to consideration by the Assembly of People's Representatives and shall be considered approved if they receive yes votes from no fewer than half of the total number of deputies of the Assembly of People's Representatives.

In the event of non-approval by the Assembly of People's Representatives of a decision taken by the Legislative Assembly, the decision on the master under consideration may be a majority vote of no fewer than two-thirds of the total number of deputies of the Legislative Assembly.

3. Laws adopted by the Assembly of People's Representatives on masters stated in Subpoints 4 and 6 of Point 3 of Article 58 of the present Constitution, shall be subject to consideration by the Legislative Assembly and shall be considered approved if they receive yes votes from no fewer than half of the total number of deputies of the Legislative Assembly. In the event of non-approval of a law by the Legislative Assembly, the decision on the master under consideration may be approved by a majority vote of no fewer than two-thirds of the total number of deputies of the Assembly of People's Representatives.

4. Laws stated in the first paragraph of Point 2 and the first paragraph of Point 3 of the present Article shall also be considered approved if they are not discussed by the appropriate house of the Jogorku Kenesh within 60 days of their adoption.

Article 60

1. Each house of the Jogorku Kenesh shall elect from among its members a Toraga of the house and his deputy, and forms committees and commissions.

2. The Toraga of each house shall be elected by secret vote. He is accountable to the appropriate house and may be removed from office by a decision of this house adopted by a vote of no fewer than two-thirds of the total number of deputies.

3. The Toragas of the Legislative Assembly and of the Assembly of People's Representatives conduct the sittings of their respective houses, generally direct the preparation of questions for consideration at the sittings of house, manage internal routine, and sign resolutions adopted by their respective houses.

4. The Deputy Toraga of a given house of the Jogorku Kenesh shall be elected by secret vote, fulfills functions of the Toraga as deputy to him, and substitutes for the Toraga in absence.

Article 61

Committees and temporary commissions of the houses of the Jogorku Kenesh shall conduct law drafting works, preliminary consider questions referred to their competence, supervize the implementation adopted laws and questions.

Articte 62

1. The activity of the Legislative Assembly is carried out in the form of sittings of the Legislative Assembly. Sittings of the Legislative Assembly shall be conducted once a year, beginning on the first working day of September and ending on the last working day of June.

2. The activity of the Assembly of People's Representatives is carried out in the form of sessions of the Assembly of People's Representatives. Sessions of the Assembly of People's Representatives shall be convened no fewer than two times a year.

3. A sitting of the Legislative Assembly or session of the Assembly of People's Representatives shall be legitimated with the attendance of no fewer than two-thirds of the total number of deputies of the given house.
The procedure of activity of the houses of the Jogorku Kenesh is defined by Regulations.

Article 63

1. The Legislative Assembly and the Assembly of People's Representatives may be dissolved early by a decision adopted by a majority vote of no fewer than two-thirds of the total number of deputies of the respective houses.

2. The Legislative Assembly or the Assembly of People's Representatives, or both houses of the Jogorku Kenesh simultaneously, may be dissolved early by the President of the Kyrhgyz Republic: as the result of a referendum; in the event of three-time refusal to approve the appointment of a Prime Minister, or in the event of another crisis caused by insurmountable differences between the houses of the Jogorku Kenesh or between one or both houses of the Jogorku Kenesh and other branches of state power. ,

3. In the case envisaged in Point 3 of Article 51 of the present Constitution, the Legislative Assembly shall be considered dissolved from the moment of the pronouncement of sentence by the Constitutional Court of the Kyrghyz Republic.

4. The houses of the Jogorku Kenesh may not be dissolved: in time of a state of emergency or war; during consideration by the houses of the Jogorku Kenesh of the question of dismissing the President of the Kyrghyz Republic from office; or when there are fewer than six months remaining until the end of the term of office of the President of the Kyrghyz Republic.

5. In the event of dissolution of the Legislative Assembly, the Assembly of People's Representatives, or both houses of the Jogorku Kenesh, the President of the Kyrghyz Republic shall appoint the date of elections of deputies of the given house, so that the newly elected house or houses convenes for its first sitting no dater than six months after the moment of dissolution.

SECTION 3 - LEGISLATIVE ACTIVITIES

Article 64

The right to initiate legislation belongs to:
- 30,000 voters (a popular initiative);
- the President of the Kyrghyz Republic;
- deputies of the Legislative Assembly;
- deputies of the Assembly of People's Representatives;
- the Government of the Kyrghyz Repubiic;
- the Supreme Court of the Kyrghyz Republic and the Supreme Economic Court of the Kyrghyz Republic, on matters within their jurisdiction.

Article 65

1. Draft laws may arise in both houses of the Jogorku Kenesh.
A given house of the Jogorku Kenesh shall be obliged to decide within one month the question of introducing the draft law for consideration of that house, and either to determine (its place in) the order of priority of consideration or to state a motivated rejection.

2. Amendments to draft laws on the republican budget may be introduced with the consent of the Government.

3. Draft laws or amendments to laws envisaging a reduction of revenues or an increase of expenditures of the state may be adopted only in the presence of a ruling by the Government.

4. A draft law shall be considered to be adopted if a majority of the total number of deputies of a house have voted for it.

5. A draft law which has been adopted by one house, on a master which requires approval from the other house in accordance with the Constitution, shall be presented to that house no later than five days after its adoption by the first house. These draft laws shall be considered adopted from the moment of approval by the other house, or in cases when such approval is not obtained, from the moment of authorization in accordance with Points 2, 3 and 4 of Article 59 of the present Constitution.

6. Drafts of laws on introducing amendments and supplements to the Constitution, of constitutional laws, of laws on altering the borders of the Kyrghyz Republic, and (of laws) on interpretation of the Constitution and constitutional laws, shall be considered adopted after no fewer than two readings if no fewer than two-thirds of the total number of deputies of each house of the Jogorku Kenesh has voted for them. The date of adoption of the draft law shall be considered to be the day when the vote on adopting the draft was taken in both houses. If one house has voted on one day and the other on another day, then the date of adoption of the law shall be considered to be the day when the second house voted for its adoption.

7. Introduction of amendments and supplements to the Constitution and constitutional laws during states of emergency is not allowed.

Article 66

1. An adopted law shall be sent to the President of the Kyrghyz Republic for signing within five days.

2. The President of the Kyrghyz Republic, no later than 15 working days after receiving the law, shall sign it or return it with his objections. The given law shall be subject to a second consideration in the house which adopted it. If under second consideration the law is approved in the earlier adopted wording by a majority vote of no less than two-thirds of the total number of deputies, then the law shall be subject to signing by the President of the Kyrghyz Republic within seven working days.

3. A law rejected by the President which, in accordance with the present Constitution, has been adopted by a majority vote of no fewer than two-thirds of the total number of deputies of each house of the Jogorku Kenesh, shall be subject to signing by the President within the period established in Point 2 of the present Article if under second consideration it is approved in the earlier adopted working by a majority vote of no fewer than three-fourths of the total number of deputies of each of the houses of the Jogorku Kenesh.

4. A law signed by the President of the Kyrghyz Republic shall be published within the period established by law.

Article 67

A law shall enter into effect from the moment of its publication if no other stipulation is made in the law itself or in a law on the procedure of its implementation.

Article 68

1. The houses of the Jogorku Kenesh may delegate their legislative authority to the President of the Kyrghyz Republic for a period of no more than one year.

2. Legislative authority shall be transferred to the President of the Kyrghyz Republic in the event of dissolution of the houses of the Jogorku Kenesh.

3. Legislative authority shall be carried out by the President of the Kyrghyz Republic by the adoption of decrees, which have the force of law.

4. In the event of the dissolution of one of the houses of the Jogorku Kenesh the President of the Kyrghyz Republic shall carry out the legislative authority of that house only.

CHAPTER V - THE EXECUTIVE POWER 

Article 69

The executive power in the Kyrghyz Republic shall be vested in the Government of the Kyrghyz Republic, accountable to it ministries, state committees, administrative departments, local state administration.

SECTION 1 - GOVERNMENT

Article 70

1. The Government of the Kyrghyz Republic shall be the highest executive body of State Power in the Kyrghyz Republic.

2. The activity of the Government of the Kyrghyz Republic shall be headed by the Prime Minister of the Kyrghyz Republic. The Government of the Kyrghyz Republic shall consist of the Prime Minister of the Kyrghyz Republic, Vice-Prime Ministers, Ministers and Chairman of state committees of the Kyrghyz Republic.

3. Entry into office of a newly elected President of the Kyrghyz Republic shall entail constitution of the powers of the Government of the Kyrghyz Republic.

4. The Prime Minister, the Government of the Kyrghyz Republic, or an individual member of it has the right to submit his resignation, which shall be accepted or declined by the President of the Kyrghyz Republic.

5. Acceptance of the resignation of the Prime Minister of the Kyrghyz Republic shall entail the resignation of all members of the Government. In the event of an accepted resignation, the Government may continue to act, by instruction of the President of the Kyrghyz Republic, until the formation of a new Government of the Kyrghyz Republic.

Article 71

1. The Prime Minister is appointed by the President of the Kyrghyz Republic with the consent of the Assembly of People's Representatives.

2. Nomination of a candidate for Prime Minister shall be submitted to the Assembly of People's Representatives no later than two weeks after entry into office of the newly elected President of the Kyrghyz Republic, or after resignation of the Prime Minister or Government, or within one week from the day of rejection of a nominee by the Assembly of People's Representatives.

3. The Assembly of People's Representatives shall take its decision on giving consent to the appointment of a Prime Minister no later than seven days from the day of submission of the nominee.

4. After three refusals by the Assembly of People's Representatives of nominees for Prime Minister, the President of the Kyrghyz Republic shall appoint a Prime Minister and dissolve the Assembly of People's Representatives.

5. The Assembly of People's Representatives may express lack of confidence in the Prime Minister. A resolution of no confidence in the Prime Minister shall be adopted by a majority vote of no fewer than two thirds of the total number of deputies of the Assembly of People's Representatives. After an expression of no confidence in the Prime Minister by the Assembly of People's Representatives, the President of the Kyrghyz Republic shall have the right either to announce the resignation of the Prime Minister or to reject the decision of the Assembly of People's Representatives. In the event that the Assembly of People's Representatives expresses no confidence in the Prime Minister a second time within three months, the President of the Kyrghyz Republic shall either announce the resignation of the Prime Minister or dissolve the Assembly of People's Representatives.

6. The Prime Minister, in accordance with the Constitution of the Kyrghyz Republic, laws, and decrees of the President of the Kyrghyz Republic, determines the fundamental directions of the activities of the Government, organizes its work, and personally answers for its activities.

Article 72

1. The President of the Kyrghyz Republic shall exercise control over the work of the Government of the Kyrghyz Republic. The President shall have the right to preside at the sitting of the Government.
2. The Prime Minister shall present a report on the work of the Government to the Legislative Assembly and Assembly of People's Representatives annually.

Article 73

1. The Government of the Kyrghyz Republic shall decide all masters of state governing except of authorities vested in the President of the Kyrghyz Republic and the Jogorku Kenesh by the Constitution.

2. The Government of the Kyrghyz Republic shall:
- prepare the republican Budget, submit it to the Assembly of People's Representatives and provides its implementation;
- pursue budgetory financial, tax and price policy;
- organize and manage state property;
- take measures on the defence of the country, state security, implementation of foreign policy of the Kyrghyz Republic;
- take measures to provide the rule of law, the rights and freedoms of citizens, protection of property and public order, fight with criminality.

3. The Government of the Kyrghyz Republic and the National Bank of Kyrghyzstan shall provide for a sole monetary, credit and currency policy.

Article 74

The Government of the Kyrghyz Republic shall issue decrees and ordinances binding throughout the territory of the Kyrghyz Republic for all bodies, organizations, officials and citizens and organize, supervise and secure their fulfilment.

Article 75

1. The Government of the Kyrghyz Republic shall guide the activity of ministries, state committees, administrative departments and bodies of local state administration.

2. Ministries, state committees and administrative departments shall issue within their competence decrees and ordinances on the basis and for the implementation of the Constitution, laws of the Kyrghyz Republic, resolutions of the houses of the Jogorku Kenesh, acts of the President, resolutions and ordinances of the Government of the Kyrghyz Republic, organize, verify and secure their implementation.

3. The Government of the Kyrghyz Republic shall hear reports of the Heads of ministries, state committees, administrative departments, and also the Heads of local state administration, and invalidate their acts which contravene the legislation of the Kyrghyz Republic.

SECTION 2 - LOCAL STATE ADMINISTRATION

Article 76

Executive power in the regions, districts, and cities is vested in the local state administration.

Article 77

1. Local state administrations act on the basis of the present Constitution and the laws of the Kyrghyz Republic.

2. Implementation of decisions of local state administration adopted within the bounds of their competencies is mandatory on the given territory.

SECTION 3 - THE PROCURATOR GENERAL'S OFFICE

Article 78

The Procurator General's Office supervises, within the bounds of its competency, the accurate and uniform implementation of legislative acts. The organs of the Procurator General's Office carry out criminal investigations and participate in court examinations of cases in circumstances and procedures envisaged by law.

CHAPTER VI - COURTS AND JUSTICE 

Article 79

1. Justice in the Kyrghyz Republic shall be administered only by the court.

2. In the Kyrghyz Republic there shall be the following courts: the Constitutional Court of the Kyrghyz Republic, the Supreme Court of the Kyrghyz Republic, the Supreme Economic Court of the Kyrghyz Republic and local courts (regional courts, courts of the city of Bishkek, district and municipal courts, economic courts of the regions and the city of Bishkek, military tribunals).
The creation and establishment of extraordinary or special courts and judicial positions shall not be allowed.

3. The status of courts and judges in the Kyrghyz Republic shall be specified by the constitutional laws. the organization of and procedure for court operation shall be specified by law.

4. A judges shall be subordinate only to the Constitution and the Law. A judges shall enjoy the right to integrity and irnmunity and in accordance with his statue shall be provided with social, material and other guarantees of his independence.

Article 80

1. A citizen of the Kyrghyz Republic may serve as a judge on the Constitutional Court, the Supreme Court or the Supreme Economic Court of the Kyrghyz Republic if he not older than 70 years of age, who have higher legal education and not less than 10 years of experience in the legal profession.
Judges of the Constitutional Court of the Kyrghyz Republic shall be elected for a term of fifteen years by the Assembly of People's Representatives upon nomination by the President of the Kyrghyz Republic.
Judges of the Supreme Court and the Supreme Economic Court of the Kyrghyz Republic shall be elected for a term of ten years by the Assembly of People's Representatives upon nomination by the President of the Kyrghyz Republic.

2. A citizen of the Kyrghyz Republic may serve as a judge on a local court if he is not older than 65 years of age, has higher legal education and not less than 5 years of experience in the legal profession.
Judges of local courts shall be appointed by the President of the Kyrghyz Republic; the first term shall be for 3 years, and subsequent terms shall be for 7 years.

Article 81

1. Judges may be removed from office on the basis of their health, at their personal request, for committing the crime on the basis of a binding court judgement and on other bases stipulated by law. Judges of local courts may be also removed from office according to the resuits of examination.

2. Judges of the Constitutional Court of the Kyrghyz Republic may be removed from office upon nomination by the President of the Kyrghyz Republic by the majority vote of no fewer than two-thirds of the total number of deputies of both houses of the Jogorku Kenesh of the Kyrghyz Republic.

3. Judges of the Supreme Court and the Supreme Economic Court of the Kyrghyz Republic may be removed from office upon nomination by the President of the Kyrghyz Republic by the majority vote of no fewer than two-thirds of total number of deputies of the Assembly of People's Representatives.

Article 82

1. The Constitutional Court shall be the highest body of judicial power for the protection of the Constitution of the Kyrghyz Republic.

2. The Constitutional Court shall consist of the Chairman, the Deputy Chairman and seven judges of the Constitutional Court.

3. The Constitutional Court shall:
1) declare laws and other normative legal acts unconstitutional in the event they contravene the Constitution;

2) decide disputes concerning the effect, application and interpretation of the Constitution;

3) determine the validity of the elections for the President of the Kyrghyz Republic;

4) issue a judgement concerning the removal from office of the President of the Kyrghyz Republic as well as judges of the Constitutional Court, the Supreme Court, the Supreme Economic Court of the Kyrghyz Republic;

5) gives its consent for the criminal prosecution of judges of local courts;

6) issue a judgement- concerning amendments and supplements to the Constitution of the Kyrghyz Republic;

7) annul the decision of bodies of local self-government which contravene the Constitution of the Kyrghyz Republic;

8) render decisions concerning the constitutionality of practices in the application of laws which affect the constitutional rights of citizens.

4. A decision of the Constitutional Court shall be final and no appeal will be heard.
If the Constitutional Court declares laws or other acts unconstitutional, such laws or acts shall no longer be in effect on the territory of the Kyrghyz Republic; such a finding shall also annual normative and others which are based on the act declared unconstitutional.

Article 83

1. The Supreme Court of the Kyrghyz Republic shall be the highest body of judicial power in the sphere of civil, criminal and administrative court action.

2. The Supreme Court of the Kyrghyz Republic shall supervise the operation of the court of the city of Bishkek, regional, municipal courts and military tribunals of the Kyrghyz Republic.

Article 84

1. The Supreme Economic Court of the Kyrghyz Republic and economic courts of the regions and the city of Bishkek shall form a single system of economic courts of the Kyrghyz Republic.

2. Economic Courts shall decide economic disputes between objects of economy based on different forms of property.

3. The Supreme Economic Court of the Kyrghyz Republic shall supervise the operation of economic courts of the regions and the city of Bishkek of the Kyrghyz Republic.

Article 85

1. Courts of elders and courts of arbitration may be established on the territory of ails, settlements, cities by the decision of citizens' meetings from among elder people and other citizens held in respect and authority.

2. Courts of elders and courts of arbitration shall consider property, family disputes and other cases envisaged by law referred to them by the arguing parties with the purpose of conciliation and passing a just decision which do not contravene the Law.

3. The decision of courts of elders and courts of arbitration may be appealed to the corresponding regional and municipal courts of the Kyrghyz Republic.

Article 86

1. The decisions of courts of the Kyrghyz Republic which have come into force shall be binding upon all state bodies, economic objects, public organizations, officials and citizens on the territory of the republic,

2. Non-execution of court decision which came into force as well as interference with the activity of courts shall lead to responsibility establish by Law.

Article 87

1. A court shall have no right to adopt a normative act which contravene the Constitution of the Kyrghyz Republic.

2. If in the process of consideration of a case in any judicial instance there arises a doubt on the constitutionality of law or any other act on which the decision of the case depend, the court shall send an inquiry to the Constitutional Court of the Kyrghyz Republic.

Article 88

1. A citizen shall have the right to defence of his dignity and rights in trial in case of any public or any other accusation; under no circumstances he shall be denied such court defense.

2. The defence shall be an inalienable right of a person at any stage of consideration of a case.
Citizens without financial means shall be given legal assistance and defence at the expense of the Government.

3. Every participant of a trial shall have the right to be heard.

Article 89

1. The burden of proving guilt on criminal and administrative cases is on the procurator.

2. Evidences received by way of violation of law shall not be acknowledged; reference to their in trial shall not be allowed.

Article 90

Principles of justice established by the Constitution shall be universal and single for all courts and judges in the Kyrghyz Republic.

CHAPTER VII - LOCAL SELF-GOVERNMENT 

Article 91

Local self-administration in the Kyrghyz Republic is carried out by local associations, which manage affairs of a local character within the bounds of the law and under their own responsibility.

Article 92

Local self-administration is carried out through local keneshes and other organs, which may be formed by the population itself in procedures established by law. Organs of local self-administration may have communal property in their own possession and at their own use and disposal.

Article 93

The fundamentals of the organization and activities of organs of local self-administration are established by the laws of the Kyrghyz Republic, and their mutual relations with organs of state power are regulated by the laws of the Kyrghyz Republic.

Article 94

Organs of local self-administration may be endowed with individual state powers, accompanied by the transfer (to them ) of the material, financial, and other means necessary for their execution. Organs of local self-administration are accountable to state organs concerning transferred powers.

Article 95

1. Local keneshes shall:
approve and exercise control over the programs of social and economic development on the territory and social protection of the population;
approve the local budget and report on its implementation as well as they shall hear information on the use of extra-budgetary funds.

2. Local keneshes of districts, towns, regions shall have the right to take the vote of no confidence to the Head of local state administration of the corresponding territorial unit.

3. Local keneshes shall operate irrespective of local state administration.

4. Local keneshes within their powers shall adopt acts binding throughout their territory.

5. Local keneshes and other organs of local self-administration bear the responsibility before the state for observance and implementation of laws, and before local society for the results of their activities.

CHAPTER VIII - THE PROCEDURE FOR AMENDMENTS AND SUPPLEMENTS TO THE CONSTITUTION OF THE KYRGHYZ REPUBLIC 

Article 96

1. Amendments and supplements to the present Constitution are adopted by referendum called by the President of the Kyrghyz Republic.

2. Amendments and supplements may be adopted in the houses of the Jogorku Kenesh after a proposal by the President of the Kyrghyz Republic, by a majority of the total number of deputies of the Legislative Assembly and Assembly of People's Representatives, or by no fewer than 300,000 voters.

3. Proposals on introducing amendments and supplements to the Constitution of the Kyrghyz Repubic shall be considered by the Legislative Assembly and Assembly of People's Representatives, taking into account the ruling of the Constitutional Court of the Kyrghyz Republic, no earlier than three months and no later than six months from the day of submission of the proposal to the Legislative Assembly and Assembly of People's Representatives.

4. The text of a draft law on introducing amendments and supplements to the Constitution of the Kyrghyz Republic may not be altered during discussion on it in the Legislative Assembly and Assembly of People's Representatives.

Article 97

1. Amendments and supplements to the present Constitution shall be considered adopted by the Jogorku Kenesh if no fewer than two thirds of the total number of deputies of each of its houses have voted for them.

2. An unsuccessful proposal may be re-submitted to the Jogorku Kenesh no earlier than one year after (its rejection).