Legal Framework

Constitutional Provisions

The Constitution of the Kyrgyz Republic provides its citizens important rights and freedoms concerning the freedom of association.  It only forbids people to create secret associations and do actions not in conformity with the country legislation (Art. 16 and 21 of the Constitution of the Kyrgyz Republic, as of 18 February, 2003).  The state secures the rights and lawful interests of public associations (Art. 8 of the Constitution).

Primary Legislation

The Civil Code of the Kyrgyz Republic, Part 1 (August 8, 1996 in the edition of March 11, 2004).

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Legal Framework

Constitutional Provisions

The Constitution of the Kyrgyz Republic provides its citizens important rights and freedoms concerning the freedom of association.  It only forbids people to create secret associations and do actions not in conformity with the country legislation (Art. 16 and 21 of the Constitution of the Kyrgyz Republic, as of 18 February, 2003).  The state secures the rights and lawful interests of public associations (Art. 8 of the Constitution).

Primary Legislation

The Civil Code of the Kyrgyz Republic, Part 1 (August 8, 1996 in the edition of March 11, 2004).

Law of the Kyrgyz Republic “On State Registration of Legal Entities” (July 12, 1996 in the edition of June 11, 2004)

Law of the Kyrgyz Republic “On Non-Commercial Organizations” (October 15, 1999, entered into force on November 3, 1999)

The Law of the KR “On State Due” (December 17, 1992 in the edition of September 3, 2003)

The Tax Code of the Kyrgyz Republic (January 11, 1996 in the edition of September 30, 2004)

The Law of the KR “On Political Parties” (June 12, 1999, became valid on June 25, 1999)

The Law of the KR “On Trade Unions” (October 5, 1996 in the edition of August 4, 2004)

The Law of the KR “On Protection of Consumers’ Rights” (November 13, 1997 in the edition of February 17, 2003)

The Law of the KR “On Freedom of Conscience and Religious Organizations” (December 16, 1991 in the edition of November 19, 1997)

There are also some provisions affecting the status of associations in the Code on Elections in the Kyrgyz Republic (May 29, 1999 in the edition of October 25, 2004)

Secondary Legislation

Regulations on the Procedure of Registration of Legal Entities, Branches and Representative offices by bodies of the Ministry of Justice of the Kyrgyz Republic (adopted by an order of the Ministry of Justice of the Kyrgyz Republic, December 3, 2003)

Resolution of the Government «On Adoption of State Due Rates” (in the edition of September 15, 2004)

Regulations on the Accreditation Procedure of Representative offices of foreign states and international organizations and also their employees in the State Protocol Department of the Ministry of Foreign Affairs of the Kyrgyz Republic (adopted by an Order of the Ministry of Foreign Affairs of the Kyrgyz Republic, May 8, 2000)

Possible Restrictions and Suspensions

The main restrictions for the freedom of association are the ones related to the threats to public order, constitutional system, security of citizens, territorial integrity etc. (Art. 17 of the Constitution)

What concerns the state of emergency the constitution is rather silent on how the freedom of association may be restricted (Art. 10 of the Constitution).  The Kyrgyz constitution envisages a special article on forbidding adoption of any kind of laws limiting human rights and freedoms (Art. 17 of the Constitution).

Posted: April 2006

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