Law on Normative Legal Acts (1996, as amended 2005)

Untitled Document

Bishkek

№ 34 of 1 July 1996

LAW OF THE KYRGYZ REPUBLIC

«On Normative Legal Acts of the Kyrgyz Republic»

(In the wording of Laws of the KR № 82 of 21 November 1997, № 80 of 16 June 1998,

№ 57 of 17 June 1999, № 69 of 13 June 1999, № 131 of 27 November 1999,

№ 11 of 24 January 2002, and № 130 of 25 June 2002)

On the basis of the Constitution of the Kyrgyz Republic, this Law defines the notion and types of normative legal acts, their inter-relation, and the general procedure for their preparation, publication, effect, interpretation, and systematization, as well as methods for the settlement of legal collisions.

I. GENERAL PROVISIONS

Article 1.

A normative legal act is a written, official document of an established form, adopted by a law-creating organ within the limits of its competence, and directed at the establishment, amendment, or repeal of legal norms, i.e., general obligatory prescriptions of a temporary or permanent nature calculated for repeated application.

[The following] enter into the system of normative legal acts of the Kyrgyz Republic:

The Constitution of the Kyrgyz Republic, constitutional laws of the Kyrgyz Republic, laws, postanovleniya of the chambers of the Jogorku Kenesh of the Kyrgyz Republic, ukazy of the President of the Kyrgyz Republic, postanovleniya of the Government of the Kyrgyz Republic, acts of the National Bank of the Kyrgyz Republic, acts of ministries, state committees, the State Property Fund, and administrative departments of the Kyrgyz Republic, and decisions of local government administrations and organs of local self-government  meeting the requirements of the first part of this Article.

The Constitution of the Kyrgyz Republic has the highest legal force in the system of laws and other normative legal acts.

Constitutional laws, laws on changes to borders of the Kyrgyz Republic, and [laws] on the interpretation of the Constitution or of constitutional laws shall be considered adopted after no less than two readings, if no less than two thirds of the total number of deputies of each chamber of the Jogorku Kenesh voted in their favor.

The amendment or repeal of a law adopted by referendum shall be possible only by means of referendum.

(In the wording of Laws of the KR № 131 of 27 November 1999 and № 11 of 24 January 2002)

Article 2.

Organs of legislative and executive power of the Kyrgyz Republic shall issue normative acts within the limits of the powers provided to them by the Constitution and laws of the Kyrgyz Republic.

Article 3.

Normative legal acts of the Kyrgyz Republic must comply with the Constitution of the Kyrgyz Republic, as well as with other normative legal acts of the Kyrgyz Republic that have higher a legal force in comparison to them.

[The following are] methods for securing the legal status of normative legal acts:

1) recognition of an act as unconstitutional in the established procedure;

2) appeal of the act to a higher body;

3) suits and claims in court;

4) suspension of the operation of an act;

5) the lodging of a protest of an adopted act;

6) recognition of an act as repealed;

7) the entry of amendments into an act;

8) state registration of general obligatory normative legal acts.

Article 4.

In accordance with Article 68 of the Constitution of the Kyrgyz Republic, the chambers of the Jogorku Kenesh may delegate their legislative powers to the President of the Kyrgyz Republic for a period of not more than one year.  The President of the Kyrgyz Republic and the Government of the Kyrgyz Republic have the right to delegate part of their law-creating powers to organs within their jurisdiction, if this does not contradict the Constitution or laws of the Kyrgyz Republic.

The organ to which a concrete power is delegated and for what term, the limits that are established, and the limits within which the organ has the right to realize the delegated power shall be indicated in an act on delegation.

An organ to which this or any other power was delegated shall not have the right to transfer it to another organ.

An organ issuing a normative legal act in the process of realizing a delegated power shall refer to the law or other legal act by which the corresponding power was delegated to it.

Article 5.

Laws, ukazy of the President of the Kyrgyz Republic, and postanovleniya of the Government of the Kyrgyz Republic shall (unless otherwise stated in the act itself) be obligatory on the whole territory of the Kyrgyz Republic from the time of their entry into force, and shall not be subject to approval (sanction, ratification) by any other organs.

Article 6.

In the case of a discrepancy of a law or other normative legal act with the Constitution of the Kyrgyz Republic, the Constitution of the Kyrgyz Republic shall have effect.

In the case of a contradiction of normative legal acts issued by the President of the Kyrgyz Republic, the chambers of the Jogorku Kenesh of the Kyrgyz Republic, or the Government of the Kyrgyz Republic with the law, the law of the Kyrgyz Republic shall have effect.

(In the wording of Law of the KR № 11 of 24 January 2002)

Article 7.

The Constitutional Court of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic, the Supreme Arbitration Court of the Kyrgyz Republic, and local courts that in connection with the resolution of a concrete case have established a disparity of normative legal acts to the Constitution or laws of the Kyrgyz Republic shall make a decision on the basis of the Constitution and laws of the Kyrgyz Republic.

Article 8.

In the case of a disparity of a law or other normative legal act of the Kyrgyz Republic to international treaties, concluded in the established process, in which the Kyrgyz Republic participates, or to generally accepted norms of international law, the rules established by these treaties and norms shall apply.

The laws and other normative legal acts of the Soviet Union shall apply in the territory of the Kyrgyz Republic until the adoption of corresponding lawns or other normative legal acts, to the extent that they do not contradict the Constitution and laws of the Kyrgyz Republic.

Article 9.

The procedure for consideration and adoption of laws of the Kyrgyz Republic shall be defined by the Constitution of the Kyrgyz Republic, by rules of procedure of the Legislative Assembly and the Assembly of Peoples’ Representatives of the Jogorku Kenesh of the Kyrgyz Republic, by rules of procedure for their joint sitting, and by this Law.

The procedure for consideration and adoption of normative legal acts of the Government of the Kyrgyz Republic shall be defined by the Law of the Kyrgyz Republic «On the Government of the Kyrgyz Republic» and by rules of procedure for the work of the Government of the Kyrgyz Republic.

The procedure for consideration and adoption of normative legal acts of ministries, state committees, the State Property Fund, and administrative departments shall be defined by the Statutes on these agencies, approved by the President of the Kyrgyz Republic or the Government of the Kyrgyz Republic.

The procedure for consideration and adoption of normative legal acts of the National Bank of the Kyrgyz Republic shall be defined by the National Bank of the Kyrgyz Republic in accordance with the Law «On the National Bank of the Kyrgyz Republic».  Normative legal acts (Statute, rules, instructions, etc.) issued by the National Bank shall be approved by corresponding postanovleniya or prikazy.

(In the wording of Law of the KR № 131 of 27 November 1999)

II. TYPES OF NORMATIVE LEGAL ACTS

Article 10.

A zakon [law] is a normative legal act, adopted in compliance with the established procedure by the chambers of the Jogorku Kenesh of the Kyrgyz Republic or by referendum, regulating the most important issues of state or public life.

Other issues may be decided by law, if in accordance with the Constitution and laws of the Kyrgyz Republic they are subject to regulation in the form of law.

Article 11.

A konstitutsionnyi zakon [constitutional law] is a law regulating the legal bases of the state and constitutional system.

In accordance with Article 59 of the Constitution of the Kyrgyz Republic, laws on changes to the borders of the Republic and other [laws] envisioned by the Constitution of the Kyrgyz Republic shall be considered constitutional laws [when] adopted by both chambers of the Jogorku Kenesh by no less than a two-thirds majority of the total number of deputies of each chamber.

Article 12.

A kodeks [code] is a law containing all or the fundamental mass of norms in detail and directly regulating a defined area of public relations.

Article 13.

A reglament [rules of procedure] is a normative legal act regulating the procedural activity of any government organ, its subdivision or any local self-government body.

(In the wording of Law of the KR № 71 of 4 June 2005)

Article 14.

A polozheniye [resolution] is a normative legal act regulating in detail the legal status, organization, and procedure for the activity of state organs, local self-government bodies, organizations, and institutions, and also defining their mutual relations with other organs, organizations, institutions, and citizens.

(In the wording of Law of the KR № 71 of 4 June 2005)

Article 15.

Pravila [rules] are normative legal acts regulating in detail the procedure for the organization of any type of activity.

Article 16.

The Legislative Assembly and the Assembly of Peoples’ Representatives of the Jogorku Kenesh of the Kyrgyz Republic shall adopt postanovleniya [decisions] on issues referred to their authority by the Constitution of the Kyrgyz Republic, and also on issues of the internal organization of their activities.

Article 17.

The President of the Kyrgyz Republics shall, on the basis of the Constitution and laws of the Kyrgyz Republic, issue ukazy and rasporyazheniya [directions] within the limits of his powers.

Normative legal acts of the President of the Kyrgyz Republic shall be issued in the form of ukazy.

The President of the Kyrgyz Republic shall issue rasporyazheniya on separate issues related to his authority.

Article 18.

The Government of the Kyrgyz Republic shall, on the basis of and for the execution of the Constitution and the laws of the Kyrgyz Republic or ukazy of the President of the Kyrgyz Republic, adopt postanovleniya and rasporyazheniya within the limits of its powers.

Normative legal acts of the Government of the Kyrgyz Republic shall be adopted in the form of postanovleniya.

Article 19.

Ministries, state committees, administrative departments and local self-government bodies shall, on the basis of and in execution of the Constitution and laws of the Kyrgyz Republic, ukazy of the President of the Kyrgyz Republic, and postanovleniya of the Government of the Kyrgyz Republic, issue normative legal acts within the limits of their powers.  Ministries, state committees, and the State Property Fund shall issue normative legal acts in the form of prikazy and instructions, administrative departments in the form of postanovleniya, prikazy, and instructions, and local self-government bodies [such as regulations, directives, letters, rules and others] in the form of prikazy or postanovlenya.

Acts with other appellations (polozheniya, ukazaniya [instructions], letters, rules, etc.) issued by ministries, state committees, the State Property Fund, or departments shall be approved by corresponding prikazy or postanovleniya.

During the issuance a normative act by a ministry, state committee the act ([or] its article or paragraph) of a higher law-creating organ in fulfillment of which the act is issued shall therein be indicated.

(In the wording of Law of the KR № 71 of 4 June 2005)

III. PLANNING OF WORK

ON THE PREPARATION OF DRAFT LAWS

Article 20.

The preparation of draft laws and other normative legal acts shall be realized, as a rule, on the basis of plans for the preparation of drafts, with the goals of:

- creating a scientifically based system of normative legal acts;

- securing openness in law-creating activity;

- securing a comprehensive and researched solution to law-creating tasks;

- perfecting the organization of draft-law work, the analytical evaluation of drafts, scientific forecasting on the effectiveness of new law-creating decisions, and an increase in control over the periods for the preparation of drafts of normative legal acts.

Article 21.

The Legislative Assembly and the Assembly of Peoples’ Representatives of the Jogorku Kenesh of the Kyrgyz Republic shall develop and approve plans for legislative work.

The President of the Kyrgyz Republic shall develop and approve plans for the preparation of draft laws that the President intends to submit for consideration to the chambers of the Jogorku Kenesh of the Kyrgyz Republic.

The Government of the Kyrgyz Republic shall develop and approve plans for the preparation of draft laws that the Government intends to submit for consideration to the chambers of the Jogorku Kenesh of the Kyrgyz Republic.

Ministries, state committees, the State Property Fund, and departments of the Kyrgyz Republic shall develop and approve plans for the preparation of draft laws, ukazy [decrees] of the President of the Kyrgyz Republic, and postanovleniya [decisions] of the Government of the Kyrgyz Republic, the development of which is entrusted to a ministry, state committee, the State Property Fund, or a department, or which they intend to develop on their own initiative.

Covering expenditures related to elaboration of draft laws and other normative acts shall be envisaged during formation of state and local budgets through a separate budget line in accordance with the classification of the budget expenditures.

Article 22.

Current plans for law-drafting work shall be developed, as a rule, for a period of one year.

Long-term plans for law-drafting work for a period of up to five years or more shall be developed when necessary, and shall be taken into account and given concrete expression in the current plans for law-drafting work.

Article 23.

During the preparation of comprehensive target programs for social-economic development of the Kyrgyz Republic, sections envisioning the preparation and adoption of corresponding laws and other normative legal acts shall be made therein.

Article 24.

The suggestions of interested organs, deputies of the Jogorku Kenesh of the Kyrgyz Republic, and scientific institutions, as well as the suggestions of citizens and their associations, shall be taken into account during the preparation of draft plans for law-drafting work.

Article 25.

Plans for law-drafting work shall envision the preparation of drafts of the most important and labor-intensive acts, and, upon entrustment of the chambers of the Jogorku Kenesh of the Kyrgyz Republic, the President of the Kyrgyz Republic, or the Government of the Kyrgyz Republic or on [their] own initiative, shall not exclude the development of drafts of acts outside the plan.

IV. PREPARATION AND FORMAT OF DRAFTS

OF NORMATIVE LEGAL ACTS

Article 26.

The preparation of drafts of normative legal acts shall be realized either by a law-creating organ itself, or, upon its entrustment, by organs, institutions, or organizations within its jurisdiction, or by the indicated organs, institutions, or organizations on their own initiative.

A law-creating agency may order the preparation of an initial draft of a normative legal act from state organs, scientific institutions, or certain individuals, or from them collectively, on a contractual basis.

A law-creating organ has the right to entrust the development of alternative drafts to several organs, institutions, organizations, or individuals, to conclude an agreement with them, and also to announce a competition for the best draft.

Article 27.

A law-creating organ preparing a draft, as a rule, forms a commission for the preparation of the draft out of the number of employees of the organ, from experts, and from scientists.

Representatives of interested governmental and other organs, of organizations, and of institutions may be attracted to the preparation of drafts.

The participation of legal subdivisions of organs and organizations developing drafts is obligatory in the development of drafts.

Article 28.

Drafts of normative legal acts directly touching on the interests of citizens and legal persons as well as drafts of normative legal acts that regulate enterprise activities shall be promulgated for public discussion on the official web-site of the drafting agency. Upon the decision of the drafting agency and in case of the drafting agency having no official web-site, as well as in other cases prescribed by law, the [draft] normative legal acts sjhall be promulgated by mass media. The received suggestions and remarks shall be taken into account during the revision of drafts.

Upon the decision of a chamber of the Jogorku Kenesh of the Kyrgyz Republic, draft laws may, in the established procedure, be submitted for a nation-wide discussion.

Article 29.

If adoption of other normative legal acts is necessary for the development and concretization of the provisions of a prepared draft law or other normative legal act, the entrusting by the law-creating organ to corresponding organs to develop and adopt such acts in the established periods shall be envisioned in the fundamental act itself or in an act on bringing it into effect.

Article 30.

Prior to their submission to the President of the Kyrgyz Republic or Government of the Kyrgyz Republic, drafts of normative legal acts shall be subject to the required procedure for agreement with the Ministry of Justice of the Kyrgyz Republic; on issues envisioning the reduction of receipts or the increase of expenditures of the state, with the Ministry of Finance of the Kyrgyz Republic; on issues aimed at regulating enterprise activities, with the authorized state agency, and also with interested ministries, state committees, and administrative departments.

Amendments to the Law on the Republican Budget, draft laws on introducing or repealing taxes or on the liberation from their payment, amendments on the financial obligations of the state, and other draft laws envisioning an increase in expenditures covered at the expense of the state budget or the reduction of its remunerative part may be adopted only with the consent of the Government of the Kyrgyz Republic.

(In the wording of Laws of the KR № 82 of 21 November 1997, № 69 of 13 July 1999, 1 August 2003, № 166)

Article 31.

The prepared draft of a normative legal act shall be submitted to a law-creating organ [together] with a presentation in which the necessity of adopting the act shall be substantiated, a short description of its contents shall be given, and an enumeration of the organs and organizations that took part in the preparation, and also with which the draft is approved, shall be attached.

In the case of necessity, a financial-economic estimate, statistical data, a forecast on the possible social, economic, legal, or other consequences of the operation of an adopted act, or other information required for substantiating the provisions of a draft shall be affixed to a draft law.

In case draft of the normative legal act envisages new types of state regulation of enterprise activities, description of issues that are planned to address through intervention of the state in the respectful area of enterprise, purposes of regulation, description of mechanisms and measures for tackling these issues, estimation of expenditures and envisaged profits from introduction of such normative legal act, operational time terms and list of measures designed to monitor effectiveness of the implementation of this normative legal act shall be attached. The description of reasons why these issues can not be regulated through market tools and require intervention by the state shall be affixed. New types of state regulation are introduced by laws of the KR only.

(In the wording of Law of the KR of 1 August 2003, № 166)

Article 32.

Upon the decision of a law-creating organ, drafts of normative legal acts may undergo legal, financial-economic, ecological, or other scientific, specialized expertise.

Organizations and individuals who did not directly take part in the preparation of a corresponding draft law may be attracted in the capacity of experts.

In [their] evaluation of the draft of a normative legal act, experts shall be independent and not connected to the position of the law-creating organ by the entrustment of which [their] expertise is conducted.

Leading scientists and specialists from other states and international organizations may be invited for conducting independent scientific expertise.  A draft may be directed to an international organization for scientific expertise.

Article 33.

Drafts of laws on issues of securing Constitutional rights, freedoms, and obligations of citizens, the legal status of public associations, the mass media, the state budget, the tax system, ecological safety, and the struggle against violations of the law, introduction of new types of enterprise activities shall be subject to scientific, legal, and (depending on the type of draft) other specialized expertise.

Drafts of laws submitted for the consideration of the chambers of the Jogorku Kenesh of the Kyrgyz Republic and transferred for independent scientific expertise shall be considered at the sitting of the legislative organ in the presence of the experts included.

(In the wording of Law of the KR of 1 August 2003, № 166)

Article 34.

Normative legal acts shall have the following particulars:

- an indication as to the form of the act (law, ukaz, postanovleniye, prikaz, etc.);

- an indication of the organ that adopted the act;

- a headline designating the subject of regulation;

- the date and place of adoption of an act, and its registration number; [and]

- signatures of individuals officially authorized to sign the corresponding legal acts.

Article 35.

The texts of laws and other normative acts shall be submitted to the law-creating agency in the state [Kyrgyz] and official [Russian] languages.

(In the wording of Law of the KR № 130 of 25 July 2002)

Article 36.

In the case of necessity, separate provisions from normative legal acts of a higher legal force, [together] with the references to such acts, shall be reproduced in a normative legal act.

Article 37.

In connection with the adoption of a normative legal act, all acts and their parts (sections, chapters, articles, points, etc.) shall be subject to recognition as invalid if they contradict instructions included in the new act or are absorbed by it.

In connection with the adoption of a normative legal act, earlier adopted normative legal acts shall be subject to amendment if they partially contradict normative instructions included in the new act.  The text of such amendments shall be set forth in the form of a new wording of the corresponding articles (points) or of their parts.

An enumeration of acts and their parts subject to recognition as invalid or to amendment in connection with the adoption of a normative legal act must be contained either in a special section of the act itself or in a special act on the process of introducing it into effect.

If a large number of acts or their parts are subject to recognition as invalid or to amendment in connection with the adoption of a normative legal act, their enumerations shall be officially put in the form of a discrete act and presented simultaneously with the draft of the main act.

The preparation of drafts of the enumerations of laws subject to recognition as invalid or to amendment after the adoption of a main law shall be permitted, as an exception, in cases when their preparation demands a long period of time.  In such a case a draft on entrusting the preparation of corresponding enumerations shall be prepared, where[in] it shall be indicated by which organ and to which organization their development is entrusted, and the period of presentation to a law-creating organ shall be defined.

Article 38.

In the case of liquidation or reorganization of a law-creating organ, issues on the recognition of its acts as invalid or on their amendments shall be resolved by its legal successor or a higher organ.

V. PUBLICATION OF LAWS AND OTHER NORMATIVE LEGAL ACTS

Article 39.

Laws, ukazy of the President of the Kyrgyz Republic, postanovleniya of the Government of the Kyrgyz Republic, and also normative legal acts of ministries, state committees, the State Property Fund, and administrative departments, i.e. acts extending their effect onto enterprises, institutions, and organizations within their jurisdiction, and also onto citizens and their associations, shall (other than acts by law containing a state or other protected secret) be published in open, official issues.

Normative legal acts affecting:

1) the rights, freedoms, or obligations of the person or the citizen;

2) the classification or valuation of goods for customs purposes or the rate of customs duties, taxes or other dues, or demands, limitations, or prohibitions on import or export, or on transfers of payments in connection thereof, or concerning their sale, distribution, transportation, insurance, storage, inspection, display, processing, mixing, or other use; [or]

3) customs issues, antidumping, protection, and compensatory measures, standardization and certification, or sanitary and phytosanitary measures, and also other normative legal acts concerning external trade

shall not be adopted, if they are not officially published for the general information.

Laws signed by the President of the Kyrgyz Republic shall be brought into “The State Book of Registration of Laws,” [which shall be] maintained, published, and circulated to state organs by corresponding services of the President of the Kyrgyz Republic.

(In the wording of Law of the KR № 80 of 17 June 1998)

Article 40.

The procedure for the official publication of laws shall be defined by law.

The procedure for the official publication of acts of the President shall be established by the President of the Kyrgyz Republic.

The procedure for the official publication of acts of ministries, state committees, the State Property Fund, and administrative departments and local self-government bodies shall be established by the Government of the Kyrgyz Republic.

(In the wording of Law of the KR of 1 August 2003, № 166)

Article 41.

The day of appearance in light of an official issuance in which the text of the corresponding act is placed shall be considered the day of official publication of a normative legal act.

Article 42.

The official publication of normative legal acts in an abridged form shall not be permitted.

Article 43.

Every citizen residing in the territory of the Kyrgyz Republic shall have the right, in the established procedure, to familiarize himself with normative legal acts.  State organs and officials shall be obligated to secure realization of the right of citizens to receipt of information on normative legal acts.

VI. EFFECT OF LAWS AND OTHER NORMATIVE LEGAL ACTS

IN TIME AND IN SPACE, AND TO THE RANGE OF INDIVIDUALS

Article 44.

The procedure for the entry into force of laws shall be defined by law.

The procedure for the entry into force of acts of the President shall be established by the President of the Kyrgyz Republic.

The procedure for the entry into force of acts of the Government shall be established by the Government of the Kyrgyz Republic.

The procedures for the entry into force of acts of ministries, state committees, administrative departments and local self-government bodies shall be established by their heads.

Normative legal acts of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic, and also of ministries, state committees, and administrative departments indicated in Article 39, part 2, sub clauses 2 and 3, shall, with the exception of urgent circumstances connected with the protection of health, the surroundings, or national security, enter into force not earlier than fifteen days after the moment of their publication.

Laws regulating enterprise activities shall enter into force

(In the wording of Law of the KR of 16 June 1998, # 80; of 1 August 2003, № 166; of 17 July 2004, # 89; of 4 June 2005 # 71)

Article 45.

If they affect the interests and rights of citizens, normative legal acts of ministries, state committees, the State Property Fund, administrative departments, National Bank of the KR, local state administrations and self-government bodies shall enter into force after going through registration in the Ministry of Justice of the Kyrgyz Republic and subsequent official publication.

(In the wording of Law of the KR of 1 August 2003, № 166)

Article 46.

Except for cases when it removes or softens liability for violations of law or when it is envisioned in the act itself or in an[other] act on its introduction that it shall extend its effect onto relations that appeared up to the time of its entry into force, a normative legal act shall not have retroactive effect, i.e., shall not extend its effect onto relations that appeared up to its entry into force.

The normative legal act that envisions the introduction or the harshening of liability for physical or legal persons or worsening their situation shall not be retroactive.

(In the wording of Law of the KR of 17 July 2004, № 89)

Article 47.

Unless otherwise stated in the act itself or in an[other] act on its introduction, a normative legal act shall function without a time limit.

The organ publishing an act may adopt a decision on extending the effect for a new term or on giving it a permanent nature up to the expiration of the period of a temporary act.

Article 48.

A normative legal act ([or] its part) shall cease its effect in the following cases:

- expiration of the period for which the temporary act ([or] part of the act) was calculated;

- adoption of a new normative legal act that contradicts the provisions of the earlier-adopted act ([or] its part) or that absorbs it ([or] its part);

- conclusion in the established procedure of an international agreement, the norms of which contradict the provisions of the earlier-adopted act ([or] its part);

- recognition of the act ([or] its part) in the established procedure as unconstitutional; [or]

- recognition of the act ([or] its part) as invalid or suspension of the effect of the act ([or] its part) by the agency that adopted such act or by another agency so authorized.

Article 49.

The effects of laws, ukazy of the President of the Kyrgyz Republic, postanovleniya of the Government of the Kyrgyz Republic, normative legal acts of ministries, state committees,  and administrative departments of the Kyrgyz Republic shall be extended onto citizens of the Kyrgyz Republic who are located in its territory or beyond the borders of the state, and (with exceptions established by current normative legal acts) also onto foreign citizens and individuals without citizenship (stateless person) who are located on the territory of the Kyrgyz Republic

The effects of the normative legal acts of the local self-governance bodies shall be extended onto all members of local communities who are located on the relevant territory.

In accordance with international agreements and norms of international law, laws and other normative legal acts of the Kyrgyz Republic shall not be applied to diplomatic representatives and to certain employees of representative offices of foreign states or international organizations (the right of extraterritoriality).

(In the wording of Law of the KR № 71 of 4 June 2005)

VII. INTERPRETATION (ELUCIDATION) OF NORMATIVE LEGAL ACTS

Article 50.

In the case of the discovery of the vagueness of normative legal acts or the incorrect or contradictory practice of their application, the law-creating agency that adopted the corresponding act shall give necessary elucidations, formed in a special act, of its norms.

Acts of elucidation may also be issued by other agencies authorized by current legislation to interpret that or another category of normative legal acts.

Article 51.

In accordance with Article 58 of the Constitution of the Kyrgyz Republic, the Jogorku Kenesh of the Kyrgyz Republic shall give an official interpretation of normative acts adopted by it.

Article 52.

In the case of necessity, the Plenum of the Supreme Court of the Kyrgyz Republic shall submit to the Jogorku Kenesh of the Kyrgyz Republic, the President of the Kyrgyz Republic, or the Government of the Kyrgyz Republic a presentation on the necessity to give an interpretation of the normative legal acts issued by them, and also shall issue guiding elucidations on the application of current normative legal acts of the Kyrgyz Republic required for judicial organs on the territory of the Kyrgyz Republic.

The Supreme Arbitration Court of the Kyrgyz Republic shall give elucidations on issues of the application of current normative legal acts of the Kyrgyz Republic required for arbitration courts on the territory of the Kyrgyz Republic.

The President of the Kyrgyz Republic shall have the right to authorize the Government of the Kyrgyz Republic to give an elucidation on normative legal acts issued by it.

The Government of the Kyrgyz Republic shall have the right to authorize a concrete ministry, state committee, the Social Property Fund, or administrative departments of the Kyrgyz Republic to give an elucidation on the normative legal acts issued by it.

Article 53.

In the process of interpreting (elucidating) normative legal acts, the entry of amendments into them shall not be permitted.

The meaning of sub laws of normative legal acts shall be explained and defined more precisely, in full compliance with the law, in the process of interpretation (elucidation).

VIII. STATE ACCOUNTING AND REGISTRATION

OF NORMATIVE LEGAL ACTS OF THE STATE

Article 54.

Corresponding registration numbers shall be conferred on laws of the Kyrgyz Republic, acts of the President of the Kyrgyz Republic, and acts of the Government of the Kyrgyz Republic after their signature.

Normative legal acts of ministries, the State Property Fund of the Kyrgyz Republic, the Social Fund of the Kyrgyz Republic, state committees, administrative departments of the Kyrgyz Republic, the National Bank of the Kyrgyz Republic, local government administrations, and organs of local self-government affecting the rights, freedoms, and obligations of the person or citizen and having a multi-departmental nature shall be subject to state registration by organs of justice.

A unified state system of registration and accounting of international agreements of the Kyrgyz Republic shall be realized by the Ministry of Foreign Affairs of the Kyrgyz Republic.

Article 55.

The Ministry of Justice of the Kyrgyz Republic and its territorial bodies shall conduct an analysis of the compliance of normative legal acts of ministries, state committees, state commissions, the State Social Welfare Fund, the National Bank of the KR, local state administrative departments and self-government bodies with legislative acts of the Kyrgyz Republic, ukazy [decrees] of the President of the Kyrgyz Republic, and postanovleniya [decisions] of the Government of the Kyrgyz Republic, and shall realize their state registration.

The refusal of the territorial organs of the Ministry of Justice of the Kyrgyz Republic in registering an act may be appealed to the Ministry of Justice of the KR by the local state administrative department or self-government body.

The refusal of the Ministry of Justice of the Kyrgyz Republic in registering an act may be appealed to the Prime-Minister of the Kyrgyz Republic by the ministry, state committee, state commission, the Social Welfare Fund, the National Bank of the KR or the administrative department that issued it.

(In the wording of Law of the KR of 1 August 2003, № 166)

Article 56.

Law-making agencies shall issue compilations of normative legal acts or entrust their issuance to other organs and organizations.

The Jogorku Kenesh of the Kyrgyz Republic shall issue “Vedomosti [Journal] of the Jogorku Kenesh of the Kyrgyz Republic,” in a corresponding section of which ratified international agreements shall be published.

Article 57.

All active laws of the Kyrgyz Republic, ukazy of the President of the Kyrgyz Republic, and postanovleniya of the Government of the Kyrgyz Republic shall be included in the Compilation of Laws of the Kyrgyz Republic.

The Compilation of Laws of the Kyrgyz Republic shall be an official publication of the Jogorku Kenesh of the Kyrgyz Republic, the President of the Kyrgyz Republic, and the Government of the Kyrgyz Republic.

Ministries, state committees, administrative departments and local self-governance bodies of the Kyrgyz Republic shall issue systematized compilations of normative acts adopted by them, maintain the compilation in a controlled condition, issue amendments thereto, and republish them.

(In the wording of Law of the KR № 71 of 4 June 2005)

Article 58.

The state accounting includes the centralized collection and registration of normative legal acts, the creation and maintenance in a controlled state of their funding, and centralized information about these acts.

The procedure for state accounting and registration of normative legal acts shall be defined by the Government of the Kyrgyz Republic.

Article 59.

This law shall be put into effect on the day of its signature.

Article 60.

The Government of the Kyrgyz Republic shall, within a two-month period:

- bring normative acts issued by the Government of the Kyrgyz Republic, ministries, state committees, the State Property Fund, and administrative departments of the Kyrgyz Republic into compliance with this Law; [and]

- issue Rules on the procedure for preparing drafts of decisions of the Government of the Kyrgyz Republic and normative legal acts of ministries, state committees, the State Property Fund, and administrative departments of the Kyrgyz Republic.

President of the Kyrgyz Republic

A. Akaev

Adopted by the Legislative Assembly

of the Jogorku Kenesh of the Kyrgyz Republic

5 June 1996

Notes:

This law was translated from Russian to English by Brian Gill, legal expert, as part of the OSCE/ODIHR Legislative Assistance Project, funded by the US Department of State Bureau of Democracy, Human Rights and Labor.

Translator’s annotations are given in brackets.  Parentheses appear in the original Russian text.

Comments and corrections are welcome at zolotoivek@yahoo.com.