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Draft

Law of the Kyrgyz Republic "On Amendments and Addenda

to Certain Legal Acts of the Kyrgyz Republic "

Article 1. The Criminal Code of the Kyrgyz Republic (Vedomosti of the Jogorku Kenesh of the Kyrgyz Republic, 1998, #7, page 229) shall be amended as follows:

The words "trade in humans (Article 124)" shall be added to Part 2 of Article 18, following the words "kidnapping of humans (article 123)";

Paragraph 15 reading "crime committed with the purpose of exploitation and threatening a human life" shall be added to Part 1 of Article 55;

The wording "either by means of deceit, or with the purpose of exploitation" shall be added to the description of Part 1 of Article 114 after the words "with a threat of its use";

The wording "and as a result of selling a person for the purpose of sexual exploitation" shall be added to the description of Part 4 of Article 117;

The description of Part 1 of Article 123 shall read as follows:

"secret, open, deceitful, or violent capture (seizure) and transportation of a person from the place of his/her permanent or temporary stay, followed by detention against the person’s will in the place other than the place of the person’s permanent or temporary stay, in the absence of the attributes of crime provided by Article 227 of this Code".

Article 124 shall read as follows:

«Article 124. Trade in humans

(1) Trade in humans understood as recruitment (hiring), transportation, transfer, harbouring, or receipt of a person, as well as other actions or agreements with respect to the person executed with violence or threat thereof, or with other forms of force, fraud, deceit, or kidnapping, for the purpose of exploitation or derivation of material or other profit

shall be penalized by up to 5 years of imprisonment.

(2) The same actions committed:

1) with respect to several persons;

2) with respect to a minor;

3) continually (repeatedly);

4) by a group of conspiring persons;

5) through abuse of power or official position;

6) with respect to a person financially or otherwise dependent on the guilty party;

7) with illegal transportation of the person out of the country or into it; and

8) with violence not dangerous to life and health, or threat thereof,

shall be penalized by 5 to 10 years of imprisonment.

(3) The same actions committed:

3) with respect to a pregnant woman of whose pregnancy the guilty party is aware;

4) with use of weapons, psychotropic or narcotic substances;

shall be penalized by 10 to 15 years of imprisonment".

Note:

Victim of trade in humans shall be released from criminal liability for the crimes committed in the course of this process (keeping and using counterfeited documents, illegal crossing of the boundary, harbouring, non-reporting, and other crimes committed in the state of extreme need, with the exception of particularly grave crimes) on condition of the victim’s cooperation with the law enforcement agencies, i.e., testifying against the organizers, executors, and co-executors of the process of trade in humans.

Exploitation is understood as forcing a person to get involved into prostitution or other forms of sexual activity, forced labour or services, slavery or practices close thereto.

Description of Part 1 of Article 125 shall read as follows:

"restricting the freedom of relocation of a person with keeping the person on premises or without it, with forced detention, in the absence of attributes of crime in public office."

Article 159 shall be excluded.

The words "and repeated violations of rules of applying to the mass media for advertisement of the activities that require authorization by a relevant agency" shall be added to the Description of Part 1 of Article 192.

The following Articles 346-1 and 346-2 shall be added to Chapter 32:

«Article 346-1. Organising Illegal Migration

(1). Organising illegal migration by providing means of transportation, counterfeited documents, accommodations or other premises, and other services to individuals for the purpose of illegal entry into or exit from the territory of the Kyrgyz Republic, or illegal travel within it

shall be penalized by fine in the amount of 50 to 100 minimal monthly wages or up to 3 years of imprisonment;

(2). The same actions committed by an organized group or with abuse of official powers

shall be penalized by 2 to 5 years of imprisonment.

Article 346-2. Repeated violation of the procedures for recruitment and use of foreign labour in the Kyrgyz Republic

(1) The employer’s repeated practices of hiring foreign nationals or stateless persons staying within the territory of the Kyrgyz Republic without proper permits issued by authorized agencies

shall be penalized by fine in the amount of 50 to 100 minimal monthly wages.

(2). The employer’s repeated violation of the procedures for use of foreign labour in the Kyrgyz Republic

shall be penalized by fine in the amount of 100 to 200 minimal monthly wages, 120 to 180 hours of public works, arrest for the period of up to 6 months, or up to 1 year of imprisonment."

Article 2. The following amendments shall be introduced to the Code of Administrative Liability of the Kyrgyz Republic (Vedomosti of the Jogorku Kenesh of the Kyrgyz Republic, 1999, #2, page 77):

The following Articles 66-1 and 66-2 shall be added to Chapter 7 of Section II:

"Article 66-1. Violation of terms or procedures of providing information

on the minors that need to be transferred for custody into a family or into an institution for orphaned children or children that have lost parental custody.

Violation by the head of an institution for the children that have lost parental custody, or by an official of executive or local self-governance authority, of the procedure or terms of providing information on the minor who needs to be transferred for custody into a family (for the purpose of adoption or guardianship, or to an adopted family) or into an institution for orphaned children and children who have lost parental care (children’s institutions), as well as deliberately inaccurate information provided on such minor

shall result in an administrative fine in the amount of 10 to 15 minimal work compensations.

Actions committed by the head of an institution for the children that have lost parental care, or by an official of an executive or local self-governance authority, aimed at harbouring a minor from transfer to a family (for adoption or guardianship, or to an adopted family) or to an institution for orphaned children and children who have lost parental care

shall result in an administrative fine in the amount of 20 to 30 minimal work compensations.

Article 66-2. Illegal actions related to child adoption, guardianship, and transfer to an adopted family

shall result in an administrative fine: in the amount of 10 to 20 minimal work compensations if applied to individuals, 40 to 50 minimal work compensations if applied to public officials, and 100 to 150 minimal work compensations if applied to legal entities.

The following Articles 75-1, 391-1 shall be added to Chapter 8 of Section II:

Article 75-1. Violation of the Procedures for Recruitment and Use of Foreign Labour in the Kyrgyz Republic

Violation of the procedures for recruitment and use of foreign labour in the Kyrgyz Republic by an employer

shall result in an administrative fine in the amount of 20 to 50 minimal work compensations if applied to the executive (authorized person) of the employer, or 200 to 300 minimal work compensations if applied to the legal entity.

Violation of the procedures for recruitment and use of foreign labour in the Kyrgyz Republic by a foreign national or stateless person

shall result in an administrative fine in the amount of 10 to 20 minimal work compensations with or without deportation from the Kyrgyz Republic."

Article 77 shall read as follows:

"Illegal Employment of Individuals

Activities aimed at employment of citizens of the Kyrgyz Republic abroad, carried out in the absence of a proper license or in violation of the conditions set forth by the license

shall result in an administrative fine in the amount of 20 to 30 minimal work compensations if applied to individuals, 50 to 100 minimal work compensations if applied to public officials, and 300 to 700 minimal work compensations if applied to legal entities."

The following Parts 3 and 4 shall be added to Article 315:

"Submitting to the media applications for advertisement of the activities that the person giving the advertisement is not properly authorized to carry out

shall result in an administrative fine in the amount of 15 to 20 minimal work compensations if applied to individuals, 50 to 100 minimal work compensations if applied to public officials, and 300 to 700 minimal work compensations if applied to legal entities.

Violation by the mass media of the procedures for accepting applications for advertisement of the activities that require proper authorization

shall result in an administrative fine in the amount of 100 to 300 minimal work compensations."

The following Article 391-1 shall be added to Chapter 28 of Section II:

Article 391-1. Illegal Transportation of Persons across the National Boundary of the Kyrgyz Republic

1. Failure of a transport organization or other organization in charge of international transportation to take proper measures within its scope of responsibilities to prevent illegal entry of persons into a vehicle and use of the vehicle for illegal exit from the Kyrgyz Republic resulting in actual or attempted illegal crossing of the National Boundary of the Kyrgyz Republic by one or more violators

shall result in an administrative fine in the amount of 200 to 500 minimal work compensations applied to the legal entity.

2. Failure of a person who crosses the National Boundary of the Kyrgyz Republic on personal business to take measures to prevent use of the vehicle that he or she drives for illegal crossing of the National Boundary of the Kyrgyz Republic, resulting in actual or attempted illegal crossing of the National Boundary of the Kyrgyz Republic by one or more violators, in cases where such failure does not represent aiding and abetting crime,

shall result in an administrative fine in the amount of 10 to 20 minimal work compensations."

Number "391-1" shall be added to sub-paragraph 2 of Article 511 following the number "391".

Article 3. The following addendum shall be introduced to the Law of the Kyrgyz Republic "On Licensing" (Vedomosti of the Jogorku Kenesh of the Kyrgyz Republic, 1997, #3, Article 126):

The following sub-paragraph shall be added to Part 1 of Article 9:

" - activities related to employment of citizens of the Kyrgyz Republic outside the Kyrgyz Republic".

Article 4. The following Part 4 shall be added to Article 30 of the Law of the Kyrgyz Republic "On Advertisement" (------------):

«Persons submitting or producing advertisement materials who violate the procedures for submission and acceptance of advertisement materials on the activities that may not be carried out in the absence of permit shall bear liability in accordance with legislation of the Kyrgyz Republic."

Article 5. The following Part 5 shall be added to Article 5 of the Law of the Kyrgyz Republic "On Tourism" (Erkin Too, 7 April 1999, #6):

"Participant of tourist business may not carry out business aimed at organizing illegal exit of the Kyrgyz Republic citizens for permanent residence or employment abroad, as well as illegal transportation of foreign labour into the Kyrgyz Republic."

President of the Kyrgyz Republic