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President of the Kyrgyz Republic

#15-1394

720003, Bishkek

House of Government

May, 24 2002

People’s Representatives Assembly of Jogorku Kenesh of the Kyrgyz Republic

Legislative Assembly of Jogorku Kenesh of the Kyrgyz Republic

Pursuant to Article 64 of the Constitution of the Kyrgyz Republic, I send draft law of the Kyrgyz Republic "On fight against political extremism" for consideration. I appoint Minister of Justice of the Kyrgyz Republic an official representative of President of the Kyrgyz Republic in consideration of the aforementioned draft law by Jogorku Kenesh assemblies.

Attachments:

1. Draft law of the Kyrgyz Republic "On fight against political extremism" in the Kyrgyz and Russian languages

2. Explanatory note to draft law "On fight against political extremism" in the Kyrgyz and Russian languages.

President of the Kyrgyz Republic

A. Akayev

Draft

Law of the Kyrgyz Republic

"On fight against political extremism"

This Law proceeds from the requirement to enhance the protection of rights and freedoms of citizens, to nip in the bud extremist activity aimed at the application of illegal and violent methods for political task solution. This Law specifies legal and organizational foundation of political extremism prevention in the Kyrgyz Republic, establishes the system of government agencies of the Kyrgyz Republic implementing fight against extremism, coordination of their activity in this sphere, basic forms and methods of preventive and other measures of political and religious opposition, consolidates general principles of responsibility of political parties, religious organizations, non-commercial organizations and citizens for extremist activity.

Chapter 1. General provisions

Article 1. Tasks of state power bodies in the fight against political extremism

Major task of state power bodies in the fight against political extremism is non-admission of violence for the solution of political tasks, protection of constitutional system of the Kyrgyz Republic from the efforts of its forced change, protection of major rights and freedoms of a human being and a citizen from the violations committed by political and religious motives, prevention of forced seizure or retention of power, protection of sovereignty and territorial integrity of the Kyrgyz Republic.

Article 2. Legal framework of the activity of state power bodies in the fight against political extremism

Legal framework of the activity of state power bodies in the fight against political extremism is the Constitution of the Kyrgyz Republic, this Law, other laws, international agreements and other norms of international law ratified by the Kyrgyz Republic, legal acts of President of the Kyrgyz Republic and Government of the Kyrgyz Republic adopted for the execution of laws, decrees of President of the Kyrgyz Republic, resolutions of the Government of the Kyrgyz Republic, legal acts of executive power bodies and local self-governance bodies of the Kyrgyz Republic.

Article 3. Concept of political extremism

Political extremism - activity of political parties, religious organizations, non-commercial organizations, representatives of state power bodies and citizens aimed at violent change of constitutional system of the Kyrgyz Republic, forced seizure or retention of power, violation of sovereignty and territorial integrity of the Kyrgyz Republic, organization of illegal military units, instigation of national, race or religious enmity, as well as public appeals to commit illegal actions for political purposes.

Article 4. Basic principles of fight against political extremism

The activity of state power bodies in the fight against political extremism in the Kyrgyz Republic is based on the following principles:

1. legality

2. priority of guarantee and protection of constitutional rights and freedoms of a human being and a citizen, including freedom of speech and press, assembly and faith

3. publicity to the extent not contradicting to the requirements of the legislation on the protection of rights and freedoms of citizens and state secret protection

4. coordination of activity of state power bodies implementing the activity on fight against political extremism

5. active interaction of state power bodies with local self-governments, political parties, religious organizations, non-commercial organizations, and citizens on the preventive measures against political extremism taking comprehensive legal, social and economic, propaganda measures.

Chapter 2. Arrangement of activity of state power bodies in the fight against political extremism

Article 5. System of state power bodies implementing activity on fight against political extremism

President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic, the Government of the Kyrgyz Republic, General Prosecutor’s Office of the Kyrgyz Republic, Ministry of Home Affairs of the Kyrgyz Republic, National Security of the Kyrgyz Republic, Ministry of Justice of the Kyrgyz Republic, other bodies of executive power specially authorized to conduct activity on fight against political extremism represent the system of state power bodies implementing activity on fight against political extremism.

Local self-governance bodies shall render assistance to executive power bodies specially authorized to implement activity on fight against political extremism, as well as take the required measures on revealing and prevention of extremist activity in their territory within their authority.

Article 6. Authority of state power bodies of the Kyrgyz Republic in the sphere of fight against political extremism

President of the Kyrgyz Republic as a guarantor of the Constitution of the Kyrgyz Republic, rights and freedoms of a human being and a citizen shall implement general management of the system of state power bodies implementing activity on fight against political extremism. He shall take necessary measures for the protection of sovereignty and territorial integrity of the Kyrgyz Republic, guarantee of unity and succession of the state power, agreed functioning and interaction of the state bodies with local self-governance bodies, political parties, religious organizations, and non-commercial organizations in the fight against political extremism.

Jogorku Kenesh of the Kyrgyz Republic shall implement legislative support of the fight against political extremism.

The Government of the Kyrgyz Republic shall manage the activity of executive power bodies authorized to oppose political extremism, develop and implement measures ensuring legality, observance of rights and freedoms of citizens, protection of ownership and public order.

Article 7. Executive power bodies specially authorized to implement activity on fight against political extremism

Executive power bodies implementing the activity on fight against political extremism include the bodies specially authorized by President of the Kyrgyz Republic and the Government of the Kyrgyz Republic.

Other executive power bodies within their competence shall provide assistance to executive power bodies specially authorized to implement the activity on fight against political extremism.

Article 8. Authority of Prosecutor’s Office in the fight against political extremism

Prosecutor’s Office of the Kyrgyz Republic shall exercise supervision over precise and uniform execution of the norms of the Constitution of the Kyrgyz Republic enhancing the fundamentals of the Constitutional system of the Kyrgyz Republic, major rights and freedoms of a human being and a citizen, as well as of this Law, other legal acts aimed at the prevention of political extremism, and shall implement criminal prosecution for crimes with the signs of political extremism within their competence.

Article 9. Authority of courts in political extremism prevention

In compliance with the procedure, established by the law, the courts shall consider the cases on termination of activity (dissolution, liquidation) of political parties, religious organizations and non-commercial organizations responsible for political extremism and shall implement criminal proceedings on crimes with the signs of political extremism.

Article 10. Informational support of state power bodies activity in fight against political extremism

To arrange information exchange among state power bodies implementing activity on fight against political extremism, to ensure their agreed functioning and interaction in this area a centralized data base shall be created for revelation, prevention and suppression of political extremism.

The information for the data base creation shall be provided by executive power bodies specially authorized to implement activity on fight against political extremism, Ministry of Home Affairs, National Security, Ministry of Justice and General Prosecutor’s Office of the Kyrgyz Republic.

Article 11. Assistance to state power bodies implementing the fight against political extremism

Political parties, organizations and institutions regardless of their organizational and legal forms and ownership forms, their managers, members and employees, as well as citizens of the Kyrgyz Republic are entitled to provide assistance to the state power bodies implementing the activity on fight against political extremism on the basis established by the legislation.

Chapter 3. Forms and methods of revelation, prevention and suppression of political extremism

Article 12. Priorities of fight against political extremism

Prevention of political extremism in the Kyrgyz Republic is implemented by:

- revelation, prevention and suppression of political extremism in the activity of political parties, religious organizations and non-commercial organizations in the process of their state registration and supervision and control over their activity regardless of the fact of their state registration;

- prohibition and dissolution of political parties, religious organizations and non-commercial organizations in the cases envisaged by this Law and other legal acts;

- suppression of political extremism in the activity of other organizations, including their liquidation in cases envisaged by the Kyrgyz Republic legislation;

- revelation, prevention and suppression of political extremism in the activity of mass media in the process of their state registration, exercising of control over their activity within the limits established by the legislation, as well as their activity termination in cases envisaged by the present Law;

- revelation, prevention, suppression and investigation of crimes with the signs of political extremism according to the procedure envisaged by criminal and procedural law and the law on investigation and detective activity.

The state in active cooperation with political parties and organizations regardless of their legal forms and forms of ownership, mass media and citizens shall create conditions that would exclude extremist attitudes; develop and implement a set of political, socio-economic, organizational, ideological, propaganda and other measures directed to the prevention of political extremism.

Article 13. Responsibility of political parties, religious organizations and non-commercial organizations for extremist activity

In the Kyrgyz Republic the establishment and activity of extremist political parties, religious organizations and non-commercial organizations is prohibited.

In case of establishment of an extremist political party, religious organization or a non-commercial organization, or manifestation of political extremism in the activity of previously established political parties, religious organizations and non-commercial organizations, the party or organization, regardless of the fact of state registration, bears responsibility envisaged by the laws of the Kyrgyz Republic "On political parties", "On freedom of faith and religious organization", as well as other laws of the Kyrgyz Republic.

Article 14. Prohibition of activity (dissolution, liquidation) of extremist political parties, religious organizations and non-commercial organizations

If competent state bodies establish that a political party, religious organization or a non-commercial organization, or their managers or members with the consent of at least one managerial body of the party or organization conducts extremist activity using political, organizational, propaganda, material or other possibilities of the party or organization, the functioning of such political party, religious organization or a non-commercial organization shall be subject to prohibition (dissolution or liquidation) by the decision of the court.

The continuation of the activity of a political party, religious organization or a non-commercial organization after such a prohibition (dissolution or liquidation) or illegal rehabilitation of the prohibited a political party, religious organization or non-commercial organization shall entail criminal responsibility in compliance with the law.

Article 15. Some specifics in the acknowledgement of a political party, religious organization or non-commercial organization an extremist one

A political party, religious organization or non-commercial organization can be prohibited (dissolved or liquidated) by the decision of the court, if there are grounds for acknowledging it as extremist, envisaged by this Law and other legislative acts with regard to at least one of its structural units.

If a manager or member of a political party, religious organization or non-commercial organization makes public appeals or statements about the possibility or desirability of violent change of the constitutional system of the Kyrgyz Republic, violent seizure or retention of power, violation of sovereignty and territorial integrity of the Kyrgyz Republic, creation of illegal military units, as well as appeals or statements exasperating national, race or religious enmity without stating that this person expresses his individual viewpoint, as well as if a sentencing decision for a crime committed for political purposes becomes valid with regard to such person, the political party, religious organization or non-commercial organization in which the person is a member or manager must make a public statement about its disagreement with the statements or actions of this person. Otherwise the party or organization can be prohibited (dissolved or liquidated) by the decision of the court.

Chapter 4. Conclusive provisions

Article 15. Effectiveness of this Law

The present Law shall come into force on the day of its official publication.

Within three months the Government of the Kyrgyz Republic shall submit draft legislative acts following from the present Law and make their decisions consistent with the present Law.

A. Akayev

President of the Kyrgyz Republic