Constitution (2007) (excerpts)

CONSTITUTION

OF THE KYRGYZ REPUBLIC

NEW WORDING

AS APPROVED BY REFERENDUM

ON 21 OCTOBER 2007

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SECTION II. Powers of the Jogorku Kenesh

Article 58

1. The following functions shall lie within the competence of the Jogorku Kenesh:

1) amending and supplementing the present Constitution following the procedure established therein;

2) adopting laws;

3) giving official interpretations of laws adopted by it;

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 Article 59

1. The Jogorku Kenesh shall adopt laws on issues envisaged in sub-paragraphs 1, 3-6, 9, 22-28 of paragraph 1 of Article 58 of the present Constitution; on other issues, including the supervision of implementation of laws, it shall adopt resolutions.

2. The laws and resolutions of the Jogorku Kenesh shall be adopted by a majority of votes of the total number of deputies of the Jogorku Kenesh unless the present Constitution provides for another procedure for their adoption.

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Article 61

1. The Jogorku Kenesh shall form committees from among its deputies and also ad hoc committees and determine their composition.

2. Committees of the Jogorku Kenesh shall be responsible for preparing and making preliminary examinations of matters lying within the competence of the Jogorku Kenesh and supervise the implementation of the laws and resolutions adopted.

3. Laws and legal and regulatory acts of the Jogorku Kenesh shall be adopted after preliminary examination of their drafts by the corresponding committees of the Jogorku Kenesh.

4. The appointment and election of officials lying within the competence of the Jogorku Kenesh and the giving of consent by the Jogorku Kenesh for appointments to state authority posts and dismissals from office shall proceed on the basis of the conclusions of the corresponding committees of the Jogorku Kenesh.

Article 62

1. The sessions of the Jogorku Kenesh shall be conducted in the form of sittings and held from the first working day of September until the last working day of June of the following year.

2. The sessions of the Jogorku Kenesh shall be conducted in public, unless the nature of issues under consideration requires closed sessions.

3. The Toraga of the Jogorku Kenesh shall convene extraordinary sessions of the Jogorku Kenesh at the proposal of the President, the Government or no less than one third of the deputies of the Jogorku Kenesh.

4. A sitting of the Jogorku Kenesh shall have a quorum if the majority of the total number of deputies of the Jogorku Kenesh are in attendance.

5. Decisions of the Jogorku Kenesh shall be adopted during sittings in votes by the deputies.

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SECTION III. Legislative Activity

Article 64

The right of legislative initiate shall lie with:

30,000 voters (a popular initiative);

the President;

the deputies of the Jogorku Kenesh;

the Government.

Article 65

1. Draft laws shall be introduced in the Jogorku Kenesh.

2. If the President or the Government deems that a draft law requires urgent attention, the Jogorku Kenesh shall be required to examine that draft law ahead of others on the docket.

3. Draft laws providing for increased expenditure to be covered from the national budget may be adopted by the Jogorku Kenesh after the Government has determined a source of funding.

4. Constitutional laws, laws interpreting constitutional laws, laws amending and supplementing constitutional laws and laws altering state borders shall be adopted by the Jogorku Kenesh after no fewer than two readings by a majority of no less than two-thirds of the total number of deputies of the Jogorku Kenesh.

5. The adoption of constitutional laws during states of emergency and martial law shall be prohibited.

6. No laws restricting freedom of speech and freedom of the press may be adopted.

Article 66

1. A law adopted by the Jogorku Kenesh shall be sent within one month to the President for signature.

2. The President, no later than one month after receiving the law, shall sign it or return it with his objections to the Jogorku Kenesh for re-examination.

3. Laws returned by the President shall be re-examined no sooner than within three months. This rule shall not apply if the Jogorku Kenesh concurs with the views expressed by the President.

4. If, upon re-examination, the law is approved in its previously adopted version by a majority vote of no less than two-thirds or, for the laws indicated in Article 65 paragraph 4 of the present Constitution, no less than three-quarters of the total number of deputies, the law in question shall be signed by the President within 14 days after its receipt.

If the law approved in its previously adopted version is not signed within the stipulated period of time, it shall be deemed signed and shall be published.  

Article 67

A law shall enter into force upon the expiry of ten days from its publication if no other provision is made in the law itself or in a law on the procedure for its entry into force.

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CHAPTER FIVE

EXECUTIVE POWER OF THE KYRGYZ REPUBLIC

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SECTION I. The Government

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Article 73

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2. The Government:

1) shall ensure enforcement of the Constitution and laws, legal and regulatory acts of the President, resolutions of the Jogorku Kenesh and acts of the Government; and shall implement state domestic and foreign policy;

2) shall implement measures to guarantee lawfulness and civil rights and freedoms, preserve public order and combat crime;

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Article 74

1. On the basis of and pursuant to the Constitution and laws and legal and regulatory acts of the President and the Jogorku Kenesh, the Government shall issue decrees and instructions and organise, check and secure their implementation.

2. The decrees and instructions of the Government shall be binding throughout the territory of the Kyrgyz Republic.

3. The Government shall manage the activity of the ministries, government committees, administrative departments and other executive bodies outside the structure of ministries and state committees, and also local state administrations.

4. Ministries, state committees, and administrative departments and other executive authorities shall issue orders and instructions within the limits of their competence on the basis of and pursuant to the Constitution, laws, acts of the President, resolutions of the Jogorku Kenesh, decrees and instructions of the Government, and organise, check and ensure their implementation.

5. The Government shall hear reports of the heads of the ministries, state committees, administrative departments and other executive authorities and also heads of local state administrations and shall annul acts of those bodies which contradict the legislation of the Kyrgyz Republic.

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