Regulations of the Government of the Kyrgyz Republic (2006)

Untitled Document

Approved

By The Regulations # 1

of the Government of the Kyrgyz Republic

January 4 2006

Regulations of the Government of the Kyrgyz Republic

I. General Provisions

1. The present Regulations, pursuant to the Constitution of the Kyrgyz Republic, Constitutional Law of the Kyrgyz Republic “on the Government of the Kyrgyz Republic”, other laws of the Kyrgyz Republic as well as Decrees of the President of the Kyrgyz Republic prescribe the procedures for organizing the work of the government of the Kyrgyz Republic with a view to exercising its authority.

2. The government of the Kyrgyz Republic (hereafter the Government) represents the Supreme Executive Body of the Kyrgyz Republic

The government leads the activity of its subordinate ministries, state committees, administrative agencies, local state administrations, other central executive bodies and the operation of local self-government bodies when endowing them with state authority.

3. The government is a collective body representing a uniform system of executive bodies in the Kyrgyz Republic, resolving all issues of state administration except for the competences prescribed by the Constitution of the Kyrgyz Republic to the President of the Kyrgyz Republic and Jogorku Kenesh of the Kyrgyz Republic.

The government’s activity is based on the principles of legality, joint/collective leadership, publicity and transparency, securing the protection of rights and freedoms of people and citizens, bearing responsibility for its deeds before the people and the President of the Kyrgyz Republic and its functions are exercised pursuant to the Constitutional Law of the Kyrgyz Republic on “the Government of the Kyrgyz Republic” and the present Regulations.

4. Basic trends of the government’s activity are defined by the Prime Minister of the Kyrgyz Republic (hereafter the Prime Minister).

The Prime Minister organizes the work of the government, chairs the government sessions, gives instructions to government members, heads of various executive bodies, supervises work and requests submission of reports to the government on the fulfillment of instructions of the President of the Kyrgyz Republic and decisions of Jogorku Kenesh of the Kyrgyz Republic.

5. The government, based on and in pursuance of the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, decrees and resolutions of the President of the Kyrgyz Republic and instructions by the President of the Kyrgyz Republic issues resolutions and orders mandatory for fulfillment in the Kyrgyz Republic.

Normative legal acts of the government are issued in the form of resolutions. Decisions on operative or other current issues of the administrative nature are issued in the form of instructions of the government and instructions of the Prime Minister.

Acts of the government are signed by the Prime Minister and in case of his/her absence by the First Vice Prime Minister of the Kyrgyz Republic (hereafter the First Vice Prime Minister or vice prime minister) acting in his capacity and are entering into legal force and are subject to publication pursuant to the order prescribed by law of the Kyrgyz Republic.

President of the Kyrgyz Republic signs the government’s resolutions passed at the government sessions held under his leadership. Such resolutions are subject to endorsement by the Prime Minister and respective members of the government.

6. The government, within the scope of its competences, ensures the fulfillment of the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, normative legal acts of the President and government of the Kyrgyz Republic, international treaties entering into force in accordance with the established order and undertakes systematic supervision over their fulfillment by executive bodies, takes measures for the prevention of breach of law of the Kyrgyz Republic.

7. The government, with a view to undertaking supervision over the fulfillment of the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, international treaties entering into force in accordance with the established order, normative legal acts of the President of the Kyrgyz Republic and decisions of the government hears at its sessions the reports and information by government members, heads of administrative agencies and other central executive bodies (within the competences of the government), gives assessment to the operation of the given bodies, takes decisions on either abolition or suspension of the acts of executive bodies.

8. Draft normative legal acts of the Kyrgyz Republic and other issues relating to the government’s work shall be subject to deliberations in the government.

9. Draft legal acts provided for in the paragraph 8 of the present Regulations and other documents may be submitted to the government by government members, heads of administrative agencies and other central executive bodies and in case of their absence, by individuals acting in their capacity.

Structural subunits of state bodies have no right to independently apply to the government.

Deputies of Jogorku Kenesh of the Kyrgyz Republic may request from the government the initiation of the government’s draft decisions on the issues exclusively relating to the government’s competence.

10. The outcome of debates in the government over draft normative acts and other documents is formalized through government’s respective decisions, minutes of government sessions and meetings of coordinative and deliberative bodies chaired by the Prime Minister, Vice Prime Minister or Head of the Prime Minister’s Apparatus – minister of the Kyrgyz Republic (hereafter –Head of the Apparatus), protocols of sessions with the Prime Minister, Vice Prime Ministers or other documents signed by them.

11. Appeals to the government other than those provided for in the paragraph 8 of the present Regulations or filed by heads of bodies not listed in the paragraph 9 of the present Regulations are referred to state bodies and bodies of local self-governance for consideration and decision making within the framework of their competences by Head of the Apparatus, the first deputy head of the Prime Minister’s Apparatus (hereafter the Prime Minister’s Apparatus) and the Prime Minister’s Apparatus of the Kyrgyz Republic (hereafter the Prime Minister’s Apparatus).

12. Appeals to the government containing suggestions regarding the adoption of laws of the Kyrgyz Republic, normative legal acts of the President of the Kyrgyz Republic and government and other decisions of the government are referred to the ministries, state committees, administrative agencies and other central executive bodies, local state administrations in accordance with the scope of competences of these executive bodies. These above-listed bodies analyze these appeals, take respective decisions within the scope of their competences and, by perforce, submit to the government in the set order draft normative legal acts subject to the government’s resolution and notify the applicant party on the outcome of considerations.

13. The government’s normative legal acts, minutes of meetings and sessions held in the government, resolutions of the Prime Minister and vice prime minister on documents considered by the government are formalized and distributed by the Prime Minister’s Apparatus.

14. Instructions given to ministries, state committees, administrative agencies and other central executive bodies by the Prime Minister’s Apparatus are signed by the prime minister, vice prime minister, Head of the Apparatus and in case of his/her absence – first deputy Head of the Apparatus.

Supervision over the fulfillment of instructions prescribed in the acts of the President of the Kyrgyz Republic and government, minutes of meetings and sessions of the government, resolutions of the prime minister, vice prime minister and Head of the Apparatus is organized by the Prime Minister’s Apparatus.

Access of media to information regarding the government’s work and the procedures for dissemination of information in systems of general public use on issues or matters deliberated by the government are prescribed by law “on the Order for Dissemination in the Media of Information Regarding the Operation of State bodies of the government”. 

Documents forwarded in the government for consideration as well as decisions on them prior to their publication in the order set by law of the Kyrgyz Republic, are qualified as ordering information. 

II. Planning and Organizing the Government’s Work

15. The government, pursuant to the Constitution of the Kyrgyz Republic, law of the Kyrgyz Republic, decrees, regulations and instructions of the President of the Kyrgyz Republic, adopts socio-economic programs for the country’s development and plans of action for their realization. Also, schedules its lawmaking activity, holding of sessions and other events.

16. Government members plan their activity subject to the need of their participation in events organized by the President of the Kyrgyz Republic, government sessions, coordinative and deliberative bodies set up by the government, Jogorku Kenesh of the Kyrgyz Republic as well as other scheduled event mandatory for the attendance by government members.

17. Business trips and holidays for ministers, chairpersons of state committees, heads of administrative agencies are registered by the prime minister’s written consent and in case of his/her absence – written consent of the first vice prime minister.

18. Coordinative and deliberative bodies established by the government or the prime minister schedule their work independently in accordance with their own regulations respectively.

19. Regular meetings of the government are held pursuant to the approved plan however no earlier than once in a month.

Deliberations at government sessions are scheduled on a quarterly basis. Plan of government sessions for subsequent quarter also includes list of major issues subject to consideration at the government sessions, with reference to the date of hearings and respective executive body responsible for the preparation of the issue in question.

20.  Executive bodies, no later than 1 month before the start of next quarter, submit to the Prime Minister’s Apparatus issues subject to consideration at the government’s sessions indicating also the date and reasoning justifying the need of its consideration.

21. Based on recommendations prescribed in the paragraph 20 of the given Regulations, during the first half of a month preceding the subsequent quarter, the Prime Minister’s Apparatus works out draft plan of the government’s sessions for a successive period.

Draft plan of the government’s session is approved by the government’s regulations. Decision on modification of the approved plan, in particular with regard to its subject matter and the date of its consideration is approved by the prime minister based on well-substantiated arguments submitted by the head of respective executive body responsible for the preparation of issue in question.

22. Deliberations over supplementary (off-schedule) issues at the sessions take place by the prime minister’s decision.

23. Heads of executive bodies, entrusted with the preparation of respective information for the consideration at government’s session bear personal responsibility for the quality of preparation and its timely submission.  Information on issues included in the plan of government sessions are submitted no later than 14 days prior to the date defined in the plan for the consideration of the given issue.

24. Issues, the resolution of which is of pressing matter and brook no delay are submitted to sessions by the prime minister and in case of his/her absence, by the first vice prime minister through incompliance with the above-mentioned rule.

25. The government introduces to the President of the Kyrgyz Republic and Jogorku Kenesh of the Kyrgyz Republic recommendations on issues, relating to their respective competences and interacts with the Administration of the President of the Kyrgyz Republic and Jogorku Kenesh of the Kyrgyz Republic.

Draft laws of the Kyrgyz Republic, acts by the President of the Kyrgyz Republic and government as well as other documents are introduced to the government and prepared for considerations in accordance with the order provided for in the Chapter IV of the present Regulations.

Recommendations on issues pertaining to the competence of the President of the Kyrgyz Republic or requiring the resolution by Jogorku Kenesh of the Kyrgyz Republic, also draft legislative acts of the Kyrgyz Republic are introduced by ministries, state committees, administrative agencies and other central executive bodies, local state administrations exclusively through the government.

Draft decrees and resolutions of the President of the Kyrgyz Republic are introduced to the government sessions for consideration in the operative order.

26.  Draft agenda of the government’s session is worked out by Head of the Apparatus 5 days prior to holding the session and is submitted to the prime minister with all respective data.

Draft agenda for the session approved by the prime minister and all respective data are distributed among all session participants no later than 3 days prior to the date when the session is scheduled. The agenda of the government’s session is approved directly at the session.

27. Heads of other central executive bodies as well as heads of other entities directly connected with the issue in question are called at the government session. List of members invited to the government’s sessions is defined by Head of the Apparatus based on proposals of ministries, state committees, administrative agencies, other central executive bodies responsible for the preparation of the issue in question.

Employees of the Prime Minister’s Apparatus directly involved in the preparation of information on the issue in question are also invited at government sessions.

28. Registration of members for the government session is undertaken by the respective unit of the Prime Minister’s Apparatus.

29. Government sessions are authorized if no less than 2/3 of government members are present at it.

Issues are considered at the sessions in a mode of the compulsory participation of government members, heads of various executive bodies within the competence of which fall the given issue in question, or individuals, acting in the capacity of such.

30. Government sessions are chaired by the prime minister. In case of the prime minister’s absence the duties of a chairperson are exercised by the first vice prime minister or vice prime minister. Government sessions may be chaired by the President of the Kyrgyz Republic.

31. Reports at the government sessions on the issues included in the agenda are made by government members, heads of various executive bodies, or individuals acting in their capacity.

32. Decisions at the government sessions are taken by majority of votes of the aggregate number of government members. In the event of a tie vote the vote of the chairperson shall be the decisive one.

33. Different view of a government member over the issue considered at the government session shall be included in the minutes of session.

34. Time limit for making presentations, co-reports and participation in debates at government sessions is defined within the range of up to 15 minutes, 10 minutes and 5 minutes respectively. At the same time, by a decision of the session’s chairperson the set time limit may be extended.

35. When holding closed sessions of the government (in camera debates over separate issues) the preparation of data, access to session, execution of protocols and acts adopted at the sessions are undertaken through observance of the rules of operation prescribed for classified papers and principles of confidentiality.

36. The Prime Minister’s Apparatus, in a set order:

- provides information to media on issues and data subject to consideration at government sessions;

- upon completion of the session organizes press conferences (briefings) of government members on the issues debated at the sessions, ensures provision of information to citizens through media sources on the issues debated at the sessions and decisions taken on the issues in questions.

37. Attendance of media representatives, cine- and video filming, photography, verbatim records at the government sessions are organized in an order defined by Head of the Apparatus.

Prime Minister’s Apparatus ensures taking of verbatim records of sessions, including in camera sessions. Verbatim records are decrypted by perforce, by the prime minister’s instructions.

Parties to the session and invitees are not allowed to bring cine, video and photo cameras, audio recording devises, other communications means, including cell phones.

III. Formalizing Decisions of the Government Sessions

38. Decisions taken at the government sessions are formalized in the minutes of session. Minutes of government sessions are formalized by the Prime Minister’s Apparatus no later than three days after the session is finished, are signed by the session’s chairperson and distributed among government members as well as bodies, other respective organizations and public persons.

In case of need of revision of draft resolutions and government’s instructions or other acts debated at the government session where recommendations and comments are expressed, the government issues respective instructions to the ministries, state committees, administrative agencies and other central executive bodies and local state administrations. If the timeframe for revision is not specifically specified, than these modifications shall be made within 5 days time.

Instructions of the government on other issues debated at its sessions are exercised within the time frame stipulated in the Chapter III of the given Regulations.

IV. Procedures for the Fulfillment of Orders Prescribed in Government Acts and Protocols of the Government Sessions, Orders by the President, Prime-Minister, Vice Prime Ministers of the Kyrgyz Republic

39. With a view to ensuring the observance of laws of the Kyrgyz Republic, decrees and resolutions of the President of the Kyrgyz Republic as well as instructions issued by the President of the Kyrgyz Republic to the government, there are issued government’s normative legal acts and instructions are given to line ministries, state committees, administrative agencies and other central executive bodies, as well as local state administrations by the prime minister, vice prime ministers and Head of the Apparatus.

40. Fulfillment of instructions prescribed in government acts, minutes of government sessions and government’s coordinative and deliberative bodies assigned by the prime minister, vice prime ministers, Head of the Apparatus, also fulfillment of instructions of the prime minister, vice prime ministers, Head of Apparatus contained in minutes of meetings organized by them and resolutions (hereafter the instructions), is handled by ministries, heads of various executive bodies who have been assigned these instructions. Supervision over the fulfillment of the given instructions within timeframe is entrusted to respective branch units of the Prime Minister’s Apparatus.

41. Delivery of instructions to respective implementing units and supervision over their fulfillment is undertaken by the Prime Minister’s Apparatus within 2 days time and for pressing and operative matters that brook no delay – immediately, however no later than one-day from the moment of their signing.

Instructions prescribed in the government acts are delivered to respective implementing agencies in the form of a photocopy of the minutes of sessions.

Instructions prescribed in the minutes of government sessions are delivered to respective implementing agencies in the form of a photocopy of the act.

Instructions prescribed in the minutes of government sessions held by the prime minister, vice prime minister and Head of the Apparatus as well as resolutions on the documents debated by them are delivered to respective implementing agencies by sending them a photocopy of the minutes of sessions or excerpts from such, or a resolution endorsed in due order.

42. The instruction, as a rule, spell out a timeframe (calendar) for its fulfillment. If as a timeframe for fulfillment there is set a period of time, the start term is calculated from the date of signing of the instructions.

If the text of instructions instead of date of performance or period of time gives reference to “most urgent” or “urgent” the instructions shall be subject to fulfillment within three and five days time respectively.

If, due to objective reasons, the fulfillment of instructions becomes impossible within the set period of time, the heads of respective executive bodies submit recommendations to the government on extension of time, also specifying reasons for extension and indicate the planned date for its fulfillment.

Such recommendations are submitted no later than 10 days from the moment of signing the instructions (decision). The time frame set for the fulfillment of immediate instructions is not extended.

43. If the instruction is issued to several executive bodies than the head of the executive body referred to as “convocation” shall act as the primary implementing entity of the instruction bearing the responsibility for its fulfillment and organization of work. Co-implementers submit to the state body chargeable for the fulfillment and assigned as “convocation” their suggestions signed by heads of respective bodies (their deputies) during the first half of the timeframe assigned for the fulfillment of the given instruction. State body, chargeable for the fulfillment and assigned as “convocation” defines the order of interface and preparation of final raft document. If the instruction is subject to fulfillment in undertime the state body chargeable for the fulfillment and assigned as “conviction” organizes the fulfillment of the given instruction in a prompt manner for which respective working groups are being set up and conciliation meetings held.

44. If the instruction is not fulfilled within the set period of time, the implementing agency (primary implementing entity) of the instruction within three days after expiration of the term given for the instruction’s fulfillment submits information to the government on the status of fulfillment of the given instruction, reasons for failure to fulfill it in the set timeframe, also indicating those public officials entrusted with the fulfillment of the instructions as well as responsibility measures applied to respective individuals culpable for failure of the instructions’ fulfillment.

45. Respective report on the results of fulfillment of the instructions issued by the President of the Kyrgyz Republic to the government is submitted to the President of the Kyrgyz Republic, signed either by the prime minister, or under his/her direction by vice prime ministers, also sending respective notification to the prime minister in due order.   

Primary implementing party of the instruction issued by the President of the Kyrgyz Republic to the government for fulfillment submits a report on the instructions’ fulfillment to the prime minister or vice prime minister five days prior to expiration of date set by the president of the Kyrgyz Republic for its fulfillment unless another date is specified in the instructions of the prime minister or vice prime minister, with the enclosed draft report sent to the President of the Kyrgyz Republic.

If the President of the Kyrgyz Republic has issued instructions at the same time to the prime minister or vice prime ministers and the heads of executive bodies, than issuance of additional instructions may not be needed and a report on fulfillment with the enclosed draft report sent to the President of Kyrgyz Republic together with other necessary data shall be submitted to the government of the Kyrgyz Republic five days prior to the expiration of time set by the President of the Kyrgyz Republic.

46. If the President of the Kyrgyz Republic issued instructions directly to ministers, chairmen of state committee, heads of administrative unit or head of another central executive body, or if the instruction on issues within the scope of the government’s competence is issued to a minister, chairmen of state committee, head of administrative unit or another central executive body, the heads of given bodies immediately report to the prime minister on the instruction received from the President of the Kyrgyz Republic and upon  fulfillment of such, by submitting to the President of the Kyrgyz Republic information on the instruction’s fulfillment they concurrently report to the prime minister.

V. Introduction of Draft Acts to the Government and Organizing Debating

47. Every issue introduced to the government for consideration is corroborated by clearly formulated draft resolution of the government, cover letter, explanatory memo describing the content matter in question, respective estimations required, reasoning and projections of socio-economic, financial and other consequences resulting from the realization of submitted suggestions. Memos are signed by the head of a state body, acting as author.

Documents are submitted in two copies in the state and official languages, with electronic information contained in the package.

48. Draft decisions submitted to the government for deliberations shall contain exhaustive analysis and objective assessment of the state of affairs over the given issue, shall set before the implementing party clearly formulated tasks and objectives taking into account the available labor, material and financial resources, shall be clear, consistent and brief and, if needed, also referring to the timeframe for its fulfillment, information and reports, specific implementing agencies (ministries, state committees, administrative agencies, other central executive bodies, as well as units (divisions) of the Prime Minister’s Apparatus, entrusted with the conduct of supervision).

At the same time, new revised draft decision over the same issue shall be submitted only after the fulfillment of the previously taken decisions or in the event of emerging new circumstances.

49. Draft decisions envisioning the modification of the previously taken decisions shall indicate which particular decisions and which segment of the decision is recommended for modification or which decisions are acknowledged as null and void.

In the event, if a normative legal act in the process of drafting, as a consequence, calls for the introduction of amendments in other normative legal acts, such modifications are either included in the given draft act or submitted concurrently with it in the form of a separate draft normative legal act.

If draft normative legal acts also contain instructions, they shall also specify the time frame for the fulfillment of such.

50. Draft normative legal acts, prior to their submission to the government are subject to mandatory concordance with:

- members of the government over issues pertaining to the scope of operation of respective line ministries, state committees and scope of operation of other executive bodies under their subordination

- heads of other state executive bodies over issues pertaining to the scope of operation of these bodies;

- if needed – also with other organizations. Other bodies and organization with which the additional concordance is required, shall be defined independently by the head of executive body submitting the draft as well as the prime minister, the first vice prime minister, vice prime ministers or Head of the Apparatus.

In the event of absence upon good reason of members of government, heads of administrative agencies or other central executive bodies draft decisions of the government are coordinated by stats-secretaries or first deputies (deputies) of heads and their signature shall be accompanied by a note: “in the absence of the  minister (head)”.

51. Responsibility for concordance is levied upon a member of the government submitting to the government the draft decision of the government or another head from among those individuals listed down in the clause 9 of the present Regulations. Draft acts (their copies) submitted for the concordance, are signed by heads of bodies and organizations listed down in the clause 50 of the present Regulations.

Concordance of draft acts among state bodies shall not take place later than the time frame listed below since the date of their submission:

1. Draft resolutions of the government, including those on the introduction to the President of the Kyrgyz Republic and Jogorku Kenesh of the Kyrgyz Republic of draft acts by the President of the Kyrgyz Republic and draft laws for consideration respectively – 10 working days

2. Draft resolutions – 5 working days

In the event of a need for operative enactment of resolutions and/or decrees of the government, resolutions of the prime minister upon the instructions of the Prime Minister, the first prime minister, vice prime ministers or Head of the Apparatus there may be established much shorter timeframes for concordance of specific drafts among state bodies. Under the given circumstances the draft may be signed by the first head of the state body or his deputy duly authorized to act so at a meeting with the government administration or at a government session.

52. Debates over draft normative legal act in respective state bodies of concordance shall be held within the timeframes set by the present Regulations and within the scope of competences of the given state bodies.

By the results of debates over draft normative act, the state body acting as a compromiser shall submit to its author a response in either of the forms listed below:

1) draft normative legal act is consolidated with no comments (signature of the head of entity on the draft) to such;

2) draft normative legal act is consolidate with comments (signature of the head of entity on the draft with respective comments). At the same time, comments are expounded in a letter attached to the draft and signed by the head, stats-secretary or the first deputy and as perforce containing proposals for refinement.

3) consolidation of the draft normative legal act is refused (draft not signed). In this event there shall be attached a letter signed by the head, stats-secretary or the first deputy (deputy) with justification for refusal of the consolidation.

53. In the event, if the draft normative legal act is consolidated with comments, the state body – its author – shall remediate difference of comments that are acceptable for him/her, prepare the final draft and resend it for repeated consolidation. The repeated consolidation is undertaken within the timeframe similar to the one set in the clause 51 of the present Regulations.

As for the comments, that are not acceptable to the author there shall be developed a disagreement matrix between the author and a compromiser body. At the same time, the author of the draft normative legal act prepares a disagreement matrix in the form of a table which includes the texts suggested by both the author and the compromiser party over those clauses of the draft causing disagreement as well as respective reasoning for such. The disagreement matrix, signed by the head of the body – its author – is forwarded to a compromiser body together with the final draft normative legal act and shall be signed by its head.

If needed, the head of the body acting as the author of the draft normative act shall ensure holding of discussions with heads of all compromiser bodies and organizations with a view to seeking a mutually acceptable solution.

54. The Prime Minister, vice prime ministers shall be notified  in the set order on draft normative legal acts submitted with differences of opinion, as well as recommendations by Head of the Apparatus or head of division (department) for further steps.

Respective divisions and departments of the Prime Minister’s Apparatus responsible for the preparation of normative legal act of the Government for signature, with the purpose of seeking a mutually acceptable solution, have the right to hold discussions on the draft with the heads of compromiser divisions, units of the Prime Minister’s Apparatus, with the participation of a public official submitting the draft normative act.

If needed and provided that the vice prime ministers or Head of the Apparatus have comments regarding the submitted draft normative legal act, there may be held a conference with the participation of vice prime ministers or Head of Apparatus, on the results of which the minutes of conference together with draft normative legal acts are submitted to the Prime Minister for consideration and signature.

Outstanding disputable matters over the draft normative legal act are considered by the Prime Minister, vice prime ministers with the participation of government members, heads of other executive bodies having different opinion.

In exceptional cases, in the event of a failure to reach a consensus over draft normative legal act with the majority of government members the given draft shall be submitted to the government session. The final decision on the resolution of dispute is made at the government session.

55. The final decision for resolution of dispute is taken by the Prime Minister.

56. All draft normative legal acts shall be submitted for consolidation in the state and official languages. In the event of a need for undertaking consolidation procedures in prompt manner the draft normative legal acts shall be submitted in the official language.

Draft Resolutions of the government shall be agreed upon in a mandatory manner with the majority of government members.

All draft normative legal acts of the government shall be consolidated in a mandatory manner with the Minister of Justice of the Kyrgyz Republic (hereafter the Ministry of Justice) only after they are being consolidated with all the interested line ministries, state committees and administrative agencies.

To effectuate the consolidation procedures at the Ministry of Justice by the Ministry or a body initiating the draft normative legal act, the Ministry of Justice is forwarded the disagreement matrix elaborated on the bases of comments and suggestions received from all the interested ministries and bodies with a brief substantiation for either taking into consideration or neglecting these or other comments forwarded by interested ministries or bodies.

Draft normative legal acts having effect on revenues or expenditures of state budget are forwarded together with the enclosed minutes of consolidating sessions (if available) and comments to the Ministry of Economics and Finances of the Kyrgyz Republic (hereafter the Ministry of Economics and finances) for conclusions. In its conclusion the Ministry of Economics and Finances gives an assessment of financial impact, the enactment of the respective decision may have on the state budget and off-budgetary funds.

Draft normative legal acts in the field of technical regulation (introducing mandatory requirements for products, processes, standardization, certification, expertise, accreditation in the given field) shall be consolidated in a mandatory manner with the Ministry of Industry, Trade and Tourism of the Kyrgyz Republic (hereafter the Ministry of Industry, Trade and Tourism) and are submitted for consideration to the government only after the availability of the positive conclusion.

Draft normative legal acts that regulate relationships among entrepreneurs or their relationships with the state, also having effect on macroeconomic indicators of the country’s development are sent together with the enclosed minutes of consolidating meetings (if available) and comments to the Ministry of Industry, Trade and Tourism for its final conclusions. The Ministry of Industry, Trade and Tourism in its conclusions gives an impact assessment, this draft may have on respective macroeconomic indicators as well as the consequence it may have on the subjects involved in entrepreneurial activity.

Draft normative legal acts regulating relationships in the field of privatization and state property management, also securing state ownership except administrative buildings are submitted to the government by a specially authorized state body of the Kyrgyz Republic.

Ministries and bodies of the Kyrgyz Republic on the issues of privatization and state property management, as well as securing state property shall, in the set order, apply to a specially authorized state body of the Kyrgyz Republic, which, based on the results of study of the submitted applications shall prepare the respective draft decision of the government for its further submission to the government.

Draft decisions related to matters of international co-operation shall be consolidated with the Ministry of Foreign Affairs of the Kyrgyz Republic and draft decisions over financial and banking system – with the National Bank of the Kyrgyz Republic respectively.

Draft normative legal acts directly relating to the interests of citizens and legal entities, also regulating entrepreneurial activity, in a mandatory manner, within two months time, shall be available for public disclosure by placing them on the official web page of the body acting as the author of the given draft and the webpage of the Ministry of Justice. By the decision of a body acting as the author of the given draft respective draft normative legal acts may also be published in media sources. Submitted proposals and comments received as a feedback are subject to consideration during revision of drafts in the set order. The resulting information on submitted proposals and feedback, as well as outcome of public disclosure is being indicated in the memo.

57. Draft normative legal acts may be submitted to the government with disagreements, though together with protocols of disagreement and/or minutes of consolidation meetings and original comments signed by respective heads of bodies having different opinion, or their deputies.

58. Ministries, state committees, administrative agencies and other central executive bodies are obligated to submit in the state and official languages, together with a hard copy of the draft law also its electronic version for its placement on the web page of the Ministry of justice in view of ensuring public disclosure, if this has been consolidated with the Ministry of Justice and included in the plan of the government’s legislative work for the current year.

59. Draft normative legal acts are submitted to the government in cases of consolidation pursuant to the provisions provided for in the clauses 52 and 54, or in case of disagreements pursuant to the provisions provided for in the clauses 53 and 55 of the present Regulations.

Draft normative legal acts submitted to the government through aberration of norms set by the present Regulations, are subject to withdrawal in the following manner:

- draft normative legal acts over issues requiring immediate resolution, also drafts submitted in view of fostering the fulfillment of the instructions by government, prime minister, vice prime ministers shall be sent back by the decision of the Prime Minister, vice prime minister no later than 5 days from the date of submission, also indicating the reasons for such;

- other draft normative acts submitted to the government through aberration of rules set by the given Regulations shall be sent back by the Prime Minister’s Apparatus no later than 5 days from the date of submission, also indicating the reasons for such;

- upon expiration of 5 days time from the moment of submission the draft acts may be sent back only upon the decision of the Prime Minister or vice prime ministers;

- drafts submitted under signature of individuals, unauthorized to do so are not taken into consideration and are thus sent back by the Prime Minister’s Apparatus to the heads listed down in clause 9 of the given Regulations.

Government members, heads of various executive bodies, staff of divisions and departments of the Prime Minister’s Apparatus signing draft acts submitted to the government for consideration bear personal responsibility over the issues under their competences.

60. Preparation for consideration of draft resolutions and decrees of government and other acts that require government’s decision and submission to the government in the order set by the given Regulations is undertaken by the Prime Minister’s Apparatus within 15 days time. This term may be extended only by a decision of the Prime Minister, vice prime ministers and Head of the Apparatus.

Preparation of draft normative legal acts for consideration also includes the elaboration of expert conclusion by respective departments and divisions, preparation of draft protocol on issues subject to consideration (if needed) and formalization of documents for signature.

The order for preparation of draft normative legal acts for consideration is established by the present Regulations and Regulations of Work at the Prime Minister’s Apparatus approved by the Prime Minister’s Resolution.

Please, see the Regulations of Work with Documents in the Apparatus of the Prime Minister of the Kyrgyz Republic (approved by the Resolution # 699 of the Prime Minister of the Kyrgyz Republic of 3 September 2001).

61. Expert conclusion on the draft normative legal act by the respective division or department of the Prime Minister’s Apparatus shall also contain the assessment of compliance with the present Regulations’ requirements when submitting the draft normative legal act, compliance with the legislation of the Kyrgyz Republic and earlier taken government decisions, complete estimations, substantiations and projections of socio-economic, financial and other consequences as a result of the realization of the proposed decision.

62. Draft normative legal acts with expert conclusions are considered by vice prime ministers based on the division of responsibilities and submitted by Head of the Apparatus to the Prime Minister for either signing or introduction to the government session.

Based on the results of considerations of draft normative legal acts by the Prime Minister or vice prime ministers the drafts may be sent back to heads of executive bodies submitting them for either their further revision or inexpediency of their enactment.

63. The Prime Minister’s Apparatus has the right to ensure harmonization with law of the Kyrgyz Republic and carry out editorial work of draft normative legal acts submitted to the government for its consideration by ministries, state committees, administrative agencies and other central executive bodies, though without altering the content and substance of draft acts.

VI. The Government and Interagency Coordinative and Deliberative bodies

64. Coordinative bodies, titled as commissions or organizational committees are established by the decision of the government or the Prime Minister in order to ensure concerted action among all interested executive bodies when solving certain issues.

Deliberative bodies titled as councils are established by the decision of the government or the Prime Minister for preliminary study of an issue and preparation of proposals having the status of recommendations.

Competences of coordinative and deliberative bodies, also the order of decision taking are provided for in respective regulations on such bodies or in the decisions on the establishment of such.

Coordinative and deliberative bodies are formed on representative basis. The composition of coordinative and deliberative bodies, depending on the issue in question for resolution of which they are established, comprise representatives of respective executive bodies; they may also comprise representatives of legislative bodies, as well as scientific institutions, public and religious organizations which have the right to deliberative vote in these coordinative bodies.

In order to ensure prompt and quality preparation of the data and the draft normative legal acts, coordinative and deliberative bodies may establish respective working groups at their own discretion.

Decisions of coordinative and deliberative bodies are formalized in the form of minutes of meetings.

Decisions, made by coordinative bodies in accordance with their scope of competences are mandatory for all executive bodies represented in them unless it is otherwise specified in laws or normative legal acts of the government.

65. Temporary commissions and working groups are established in cases stipulated by laws, acts and instructions of the President of the Kyrgyz Republic, Resolutions of the government and are chaired by the Prime Minister or other members of the government.

The establishment, modification or nullification of temporary commissions and working groups, determination of their competences, appointing their chairs and personnel is undertaken by either the government of the Prime Minister.

Organizational-technical support to the operation of temporary commissions and working groups is entrusted upon the executive body the head of which is a chairman of the commission or working group or upon the Apparatus of the Prime Minister.

66. Organizational committees are established for holding events of national significance within the set timeframe.

The establishment, modification or nullification of organizational committees, determination of their competences, approval of their chairs and staff is undertaken by the government.

Organizational committees, as a rule, are chaired by ministers or deputy ministers, heads or deputy heads of an executive body. Leading the work of the organizational committees may be entrusted upon co-chairmen.

Organizational-technical support to the work of the organizational committees is entrusted upon executive body, the head or deputy head of which is a chairperson of the organizational committee.

Organizational committee ceases its operation upon approval by the government of the report submitted by its chairperson on the resolution of issues for which the given organizational committee was established.

67. Interagency commissions and councils are established for the resolution of tasks or consideration of issues of interagency significance.

The establishment, reorganization and nullification of interagency commissions and councils, determination of their competences, approval of their chairs and personnel is undertaken, as a rule, jointly by all interested executive bodies. Joint decision of the given executive bodies is formalized through an order or resolution and signed by the heads of these bodies.

In case of differences of opinion over issues of establishment, reorganization and nullification of interagency commissions and councils, determination of their competences, approval of their chairs and staff, such decisions are considered by the Government.

Interagency commissions and councils are chaired, as a rule, by ministers or deputy ministers, heads or deputy heads of executive bodies. Leading the work of the interagency commission or council may be entrusted upon co-chairperson.

Regarding issues subject to resolution by the government the interagency commissions and council introduce respective recommendations in the order, established by the present Regulations.

Organizational-technical support to the work of the interagency commissions and councils is entrusted upon executive body, the head or deputy head of which is the chairperson of the commission or council.

The chairperson reports to the government regarding the establishment, reorganization and nullification, as well as annual activity reports of interagency commissions or councils,.

VII. The Government’s Legislative Work; Planning the Lawmaking Process

68. Pursuant to the Constitution of the Kyrgyz Republic, the government undertakes lawmaking activity through:

1) exercising its right to legislative initiative

2) approval or disapproval of draft laws requiring its consent in a mandatory manner.

69. Lawmaking activity of the government is undertaken in accordance with the approved plan of the legislative activity, other government acts envisaging drafting of laws.

70. Draft plan for the government’s lawmaking activity is elaborated by the Ministry of Justice based on proposals submitted by the executive bodies.

Proposals on the elaboration of draft laws submitted to the Ministry of Justice for its incorporation into draft plan of government’s legislative activity shall contain the draft title of the draft law and its concept, title of the executive body acting as primary agency responsible for its implementation, list of agencies co-responsible for implementation and tentative timeframe for hearings of the draft in the government as well as its submission to Jogorku Kenesh of the Kyrgyz Republic.

Draft plan for the government’s lawmaking activity with the enclosed concept of draft laws after their preliminary expert assessment are submitted by the Ministry of Justice to the government in the set order.

71. Ministry of Justice has the right to incorporate in the draft plan of lawmaking activity the proposals by ministries, state committees, administrative agencies and other central executive bodies that do not meet the requirements of the clause 70 of the given Regulations.

72. Government notifies the President of the Kyrgyz Republic on the government’s lawmaking activity as well as the status of fulfillment of instructions issued by the President of the Kyrgyz Republic to the government for preparation of draft laws.

73. The government, through realization of its right to legislative initiative considers draft laws and submits them to Jogorku Kenesh of the Kyrgyz Republic, participates in the lawmaking activity of Jogorku Kenesh of the Kyrgyz Republic as well as of the President of the Kyrgyz Republic.

74. To foster the consideration of draft laws in the government the drafts are submitted with the following information:

- Explanatory Memo containing information on the subject matter for legislative resolution and concept of draft law;

- Financial-economic estimations;

- Exhaustive list of laws of the Kyrgyz Republic subject to loosing legal force, modifications and alterations, introduction of supplements or adoption as a result of enactment of the new draft, including the acts of the President of the Kyrgyz Republic and government, necessary for ensuring enactment of legal norms contained in the draft.

- Draft resolution of the government on approval of the draft law, submission of draft law into Jogorku Kenesh of the Kyrgyz Republic and appointing the government’s official representative for debating over draft law in the Jogorku Kenesh of the Kyrgyz Republic.

75. Submission of the draft law by executive bodies to Jogorku Kenesh of the Kyrgyz Republic and transfer of right to legislative initiative to other legal persons is impermissible.

76. Draft law is submitted by the government to Jogorku Kenesh of the Kyrgyz Republic with enclosed package of documents provided for in the law of the Kyrgyz Republic on “Regulations of Jogorku Kenesh of the Kyrgyz Republic”.

As stipulated in the paragraph 5 of the clause 65 of the Constitution of the Kyrgyz Republic, the government’s conclusion on the draft law submitted by the government of the Kyrgyz Republic shall not be formalized as a separate document but its respective provisions are incorporated into the financial-economic rationale.

Regarding the draft law submitted by the Government to Jogorku Kenesh of the Kyrgyz Republic there shall be assigned the government’s official representative.

Scope of competences for the official representative is defined in the instructions which may be either full or limited. Full scope of competences implies that speech by the representative recorded in the verbatim represents the government’s view point over the issue in question. Limited scope of competences implies preliminary consolidation by the official representative of modifications introduced into draft law in the course of debates.

The government’s official representative in the set order participates in the sessions of Jogorku Kenesh of the Kyrgyz Republic and its committees when debating over draft laws or other normative legal acts of the Kyrgyz Republic submitted by the government.

Government has the right to revoke the submitted draft law or another normative legal act prior to hearings at the session of Jogorku Kenesh by drafting the respective resolution on revocation of the draft or another normative legal act. 

77. The Government has its permanent representative in Jogorku Kenesh of the Kyrgyz Republic to ensure concerted operation and unbreakable ties between Jogorku Kenesh of the Kyrgyz Republic and the government.

Permanent Representative participates in sessions of Jogorku Kenesh of the Kyrgyz Republic and is obligated to ensure the attendance of government members, other public officials invited to the sessions of Jogorku Kenesh of the Kyrgyz Republic, its committees (commissions), also submits proposals and gives explanations over issues in question.

Permanent representative participates in the work of committees of Jogorku Kenesh of the Kyrgyz Republic in the course of hearings on draft laws submitted by the government in the form of its legislative initiative.

All resolutions on the draft laws and conclusions, submitted by the government to Jogorku Kenesh of the Kyrgyz Republic for its consideration shall be endorsed by the government’s permanent representative to Jogorku Kenesh of the Kyrgyz Republic.

Resolution # 68 of the Government of the Kyrgyz Republic of 6 February 2006 “on the Approval of the Regulations on Permanent Representatives of the Government of the Kyrgyz Republic to Jogorku Kenesh of the Kyrgyz Republic – Counselor of the Prime Minister of the Kyrgyz Republic”.

78. Heads of executive bodies are obligated to render overall assistance to official and permanent representatives of the government in Jogorku Kenesh of the Kyrgyz Republic in the course of submission and approval of government-initiated draft laws through providing necessary information, direct participation in debates over draft laws in the committees of Jogorku Kenesh of the Kyrgyz Republic, organizing meetings, consultations and sessions with the deputies of Jogorku Kenesh of the Kyrgyz Republic, sending specialists, etc. Involving the heads of executive bodies in the work over submission and approval of draft laws is undertaken by official and permanent government representatives to Jogorku Kenesh of the Kyrgyz Republic.

Replacing the government’s official representatives to Jogorku Kenesh of the Kyrgyz Republic is allowed only on the basis of the government’s respective decision.

79. Draft law on the Republican Budget for the following fiscal year is elaborated by the Ministry of Economics and Finances in accordance with the legislation of the Kyrgyz Republic.

Data and proposals related to the draft law on the Republican Budget elaborated by executive bodies are submitted by them to the Ministry of Economics and Finances. Proposals of other executive bodies within the scope of ministries are submitted to the Ministry of Economics and Finances by respective ministries.

Ministries elaborating draft laws and other documents to be submitted to Jogorku Kenesh of the Kyrgyz Republic concurrently with the draft law on the Republican Budget also submit them to the Ministry of Economics and Finances for further submission to the government.

80. Draft law on the Republican Budget approved by the government is submitted to Jogorku Kenesh of the Kyrgyz Republic with enclosed documents and information as prescribed by law of the Kyrgyz Republic.

81. Amendments to the draft law on the Republican Budget, alterations into law on the Republican Budget, draft laws on introduction or abolition of taxes, on exemption from such, on modifications to financial liabilities of the state and other draft laws implying increase of expenditures to be covered from the state budget or decrease of its revenues may be approved only by the consent of the government.

The above-mentioned draft laws, initiated by the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic on the issues falling within their scope of competences are sent to the government for consolidation.

Government, in the order prescribed by the present Regulations, considers draft law subject to its consent at its session no later than 20 days from the date of submission of the draft unless another date is specified for such.

Regulations by the government together with its respective written conclusion are sent to the initiator no later than three days from the date when the government has debated on the draft law.

In case of the need to receive, collect or request additional information for drawing the final conclusion, the timeframe prescribed for the consideration of draft law is extended up to 30 days.

In case of failure to draw up a conclusion by reasons beyond the government’s competence (non-submission of data necessary for drawing up a conclusion) the issue regarding the date of issuing such written conclusion shall be resolved through interface between Jogorku Kenesh of the Kyrgyz Republic and the government.

Draft laws on introduction of amendments and supplements to the Republican Budget for the next year, in exceptional cases, are introduced to Jogorku Kenesh of the Kyrgyz Republic for debates by the government with mandatory indication of sources of funding for emerging additional expenditures or payment of possible shortages in the part of revenues of the Republican budget.

VIII. The Government’s Participation in “Jogorku Kenesh” of the Kyrgyz Republic

82. Government members may attend and speak at the sessions of Jogorku Kenesh of the Kyrgyz Republic and its committees in accordance with the law of the Kyrgyz Republic “on the Regulations of Jogorku Kenesh of the Kyrgyz Republic”.

Government members, by the invitation of Jogorku Kenesh of the Kyrgyz Republic received no less than 5 days prior to the session, shall be preset at the session and answer the questions asked by deputies of Jogorku Kenesh of the Kyrgyz Republic in the order prescribed by law of the Kyrgyz Republic “on the Regulations of Jogorku Kenesh of the Kyrgyz Republic”.

Government members invited to the session of Jogorku Kenesh of the Kyrgyz Republic inform the Prime Minister about it.

In case of inability to attend the session of Jogorku Kenesh of the Kyrgyz Republic, the government member notifies Jogorku Kenesh of the Kyrgyz Republic in advance on the reasons of his/her absence also indicating another public official who will be able to attend the session and respond to the questions raised.

83. Government members, addressed with the written applications by committees of Jogorku Kenesh of the Kyrgyz Republic on issues within their competence, respond to the respective committees within agreed-upon timeframe on the results of analyzing written appeals and measures taken in response.

84. Government’s consent, as prescribed by the paragraph 5 of the clause 65 of the Constitution of the Kyrgyz Republic is sent to Jogorku Kenesh of the Kyrgyz Republic within the timeframe which is no later than one month from the date of receipt of the draft law in the Government. This term may be extended through interface with Jogorku Kenesh.

85. Drafting of conclusions, amendments and official withdrawals by Government is undertaken by ministries, state committees, administrative agencies and other central executive bodies.

Draft laws submitted to the government for consolidation by Jogorku Kenesh of the Kyrgyz Republic together with financial-economic rationale and other necessary data are, within two days, forwarded by the Prime Minister’s Apparatus for elaboration of draft conclusion to the respective line ministries, other central executive bodies, including - in a compulsory manner - the Ministry of Economics and Finances, Ministry of Industry, Trade and Tourism and Ministry of Justice, which no later than 15 days from the moment of receipt of draft law by the government send their proposals to the primary implementing body.

86. Draft laws, submitted to the government for its conclusion without financial-economic rationale and other necessary data are returned by the Prime Minister to Jogorku Kenesh of the Kyrgyz Republic indicating reasons for inability to provide conclusions.

87. The primary implementing body, within 20 days from the moment of receipt of the draft law in the government shall ensure the preparation of draft conclusion or official withdrawal, its consolidation and introduction to the government and in case of inability to submit conclusions within the set timeframe, to interface with Jogorku Kenesh of the Kyrgyz Republic on extending the timeframe and shall thus notify the government in writing on the results accomplished.

Draft laws submitted by Jogorku Kenesh of the Kyrgyz Republic to the government with a request for either withdrawal, comments or proposals are forwarded by the Prime Minister’s Apparatus to respective executive bodies within 2 days time for the preparation of draft official withdrawals of the government.

88. The elaboration of draft conclusions, amendments and official withdrawals of the government is undertaken through the observance of timeframes for submission of data by implementing agencies as prescribed by the Clauses 43 and 87 of the present Regulations, within 20 days time from the moment of receipt of the draft in the government. If Jogorku Kenesh of the Kyrgyz Republic has agreed with the government on undertime, than the primary implementing party undertakes to prepare respective drafts in an operative manner.

89. Draft conclusions, amendments and official withdrawals of the government are introduced to the government exclusively by heads of executive bodies or individuals, acting in their capacity with enclosure of all data received from Jogorku Kenesh of the Kyrgyz Republic and other interested executive bodies.

Unresolved disputes over draft conclusions, amendments and official withdrawals of the government are submitted for consideration to the Prime Minister and in case of his/her absence to the girst vice prime minister who takes final decision.

90. Interface between the government and Jogorku Kenesh of the Kyrgyz Republic is organized by government members and permanent representative of the government in Jogorku Kenesh of the Kyrgyz Republic.

Photocopies of data submitted by executive bodies to Jogorku Kenesh of the Kyrgyz Republic in response to committee’s inquiries are forwarded to the government’s permanent representatives in Jogorku Kenesh of the Kyrgyz Republic.

91. Draft response to an inquiry from the Parliament to the Prime Minister, vice prime ministers is prepared upon their instructions by executive bodies.

Response to an inquiry from the Parliament is given orally by the Prime Minister, vice prime ministers (at the session of Jogorku Kenesh of the Kyrgyz Republic) or in writing no later than 30 days from the date of the receipt of inquiry.

A request filed by a deputy to the government, Prime Minister or vice prime ministers is forwarded by the Prime Minister’s Apparatus to executive bodies for preparation and responding. The response is given by respective heads of executive bodies or his/her deputy in writing no later than 30 days from the moment of the receipt of an inquiry filed by the deputy to the government.

92. Appeals by committees and commissions of Jogorku Kenesh of the Kyrgyz Republic on issues of their competence to the Prime Minister or vice prime ministers received by the government, are forwarded by the Prime Minister’s Apparatus to respective executive bodies for preparation and responding within the scope of their competences.

The results of consideration of appeals are notified to respective committees or commissions within the timeframe agreed upon with them. When necessary, photocopies of responses are also sent to the government.

IX. Interaction between the Government and Judiciary

93. Pursuant to the Constitution law of the Kyrgyz Republic on “the Status of Judiciary of the Kyrgyz Republic” and other laws of the Kyrgyz Republic the government drafts law on the Republican Budget, its segment regarding the financial provision of the judiciary’s operation in cohesion with chairpersons of the Constitutional Court of the Kyrgyz Republic and the Supreme Court of the Kyrgyz Republic.

94. Chairmen of the Constitutional Court of the Kyrgyz Republic and Supreme Court of the Kyrgyz Republic and the director of the Judiciary Department under the Ministry of Justice participate in debates over draft law on the Republican Budget, in particular, its segment of financial provision of the Judiciary’s operation with a view to addressing divergence.

In case of differences of opinion the government incorporates proposals by chairs of the Constitutional Court of the Kyrgyz Republic and Supreme Court of the Kyrgyz Republic in the draft Republican Budget, enclosing also its own conclusion.

95. In case, if the Constitutional Court of the Kyrgyz Republic acknowledges laws or their separate provisions as unconstitutional, the government, within the scope of its competences, takes measures as prescribed by the law of the Kyrgyz Republic “on the Constitutional Court of the Kyrgyz Republic”.

In case, if respective courts acknowledge normative legal acts of the government or their separate provisions as inconsistent with the Constitution of the Kyrgyz Republic, laws and decrees of the President of the Kyrgyz Republic, the government takes a decision on ensuring the compliance of the given normative legal acts with the legislation of the Kyrgyz Republic. Decisions by courts are immediately notified by the government to all bodies and organizations to which these respective normative legal acts of the Government were distributed.

96. The right of granting a Power of Attorney for presenting the government’s interests during court hearings in all instances of the judiciary of the Kyrgyz Republic (except the Constitutional Court of the Kyrgyz Republic), with the definition of competences for the representative as prescribed by the Civil Procedural Code of the Kyrgyz Republic and Criminal Procedural Code of the Kyrgyz Republic is exercised by the Minister of Justice of the Kyrgyz Republic.

In order to represent the government’s interests in courts, the power of attorney may be granted to individuals working in the staff of ministries, state committees and other executive bodies and bodies under their subordination (central apparatus, territorial or other bodies) or guest/invited legal attorneys.

Competences of the above individuals are prescribed in the Power of Attorney issued by the Ministry of Justice of the Kyrgyz Republic.

97. Executive body acting as the government’s representative in the court within the timeframe prescribed by the procedural legislation of the Kyrgyz Republic for submission of appeals against court decisions is obligated to report to the government on the results of court proceedings.

In case, if the court satisfies a claim filed against the government (except statement of claim or other claims related to debt liability of the Kyrgyz Republic), the respective executive body in the set order immediately reports to the government on the decision taken, also recommend filing of an appeal against the court decision and upon entering into legal force of the court decision – measures for realizing such.

98. Information on the results of hearings by courts on statements of claim or other claims filed against the government related to the debt liability of the Kyrgyz Republic is submitted to the government no later then the month of January or July on all cases heard during six month reporting period, unless exigent circumstances have emerged in the course of court hearings.

X. Procedures for Conduct of Supervision over the Fulfillment of Orders, Tasks and Protocol tasks

99. Government co-ordinates the activity of ministries, state committees, administrative agencies and other central executive bodies.

100. The Prime Minister, vice prime ministers or Head of the Apparatus, on systematic basis, analyze the progress and results of the fulfillment of tasks by respective ministries, state committees, administrative agencies, other central executive bodies, local state administrations and take measures in operative manner for remediation of drawbacks and overcoming the emerging challenges, also hear information of heads of units of the Prime Minister’s Apparatus on the progress of the fulfillment of decisions of the President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic and the government and take decision on lifting control from the decisions or resolutions of the government of the Kyrgyz Republic.

101. Organizational, dataware and technical support to the work of the Prime Minister and vice prime ministers is rendered by the Prime minister’s Apparatus and Administrative Department of the President of the Kyrgyz Republic.

Interface and co-ordination of work of ministries, state committees, administrative agencies, other central executive bodies for the elaboration of prospective tasks for the Republic’s socio-economic development, preparation of analytical information, draft resolutions and resolutions of the government, resolutions of the Prime Minister as well as supervision over the fulfillment of normative legislative acts, resolutions, decrees, protocol decisions and instructions of the government, Prime Minister, vice prime ministers, Head of the Apparatus is undertaken by administration and departments of the Prime Minister’s Apparatus.

Heads of structural subunits of the Prime Minister’s Apparatus, with a view to exercising functions entrusted upon them, have the right to:

- participate in the capacity of collegium members in collegiums meetings of line ministries, state committees, administrative agencies, other central executive bodies;

- hear information from heads and officials of ministries, state committees, administrative agencies, other central executive bodies and local state administrations on the fulfillment of acts of the President of the Kyrgyz Republic and Jogorku Kenesh of the Kyrgyz Republic on issues related to the scope of work of the government, resolutions and decrees by the government, resolutions of the Prime minister, instructions of the Prime Minister, vice prime ministers, Head of the Apparatus and submit proposals to the government’s administration on bringing to responsibility individuals showing lack of discipline;

- examine, by instructions of the Prime Minister, vice prime ministers or Head of the Apparatus, the work of ministries, state committees, administrative agencies, local state administrations, other central executive bodies for the fulfillment of tasks entrusted upon them and based on the findings of examinations submit proposals for consideration to the Prime Minister and vice prime ministers on bringing culpable individuals to responsibility, including to the extent of discharging them from the office.

- submit proposals to the government’s administration on selection and assignment of leading staff of the ministries, state committees, administrative agencies, other central executive bodies and local state administrations within the Prime Minister’s range.

- request necessary information from leading officials of ministries, state committees, administrative agencies, other central executive bodies, local state administrations on issues within the scope of competence of the units and departments of the Prime Minister’s Apparatus.

Leading officials of ministries, state committees, administrative agencies, other central executive bodies, if necessary, submit to the Prime Minister’s Apparatus protocols, transcripts of meetings of negotiations, sessions, meetings with representatives of international organizations, companies, firms also indicating the progress on the attainment of results and planned measures.

Protocols, within five days time from the date of holding an event are submitted to Head of the Apparatus for analysis and notification of the Prime Minister.

XI. Interpretation (elucidation) of the Government Decisions

102.  Official interpretation (elucidation) of resolutions and decrees of the Government pursuant to the Clause 50 of the law of the Kyrgyz Republic “On Normative Legal Acts of the Kyrgyz Republic” is issued by the Prime Minister’s Apparatus in the form of a circular letter (elucidation) approved by the Resolution of Head of the Apparatus.

Draft resolution, approving the circular letter (elucidation), containing official interpretation of the government’s previously taken decision is submitted to the Prime Minister’s Apparatus by an executive body which is the author of the government’s draft resolution the content of which is subject to interpretation (elucidation). Draft Resolution, in a mandatory manner, shall be signed by the head of a state body preparing the draft interpretation (elucidation), administration of the Ministry of Justice as well as heads of interested ministries, state committees, administrative agencies, other central executive bodies and organizations.

The Prime Minister’s Apparatus endorses the draft resolution of Head of the Apparatus and prepares it for publication in the order as prescribed by the present Regulations.

103. Resolution of Head of the Apparatus, approving circular letters (elucidations) containing the interpretation of government decisions are subject to encoding and depositing in the set order together with resolutions and decrees of the government.

XII. Working Procedures for Handling the Citizen’s Appeals

104. Government within the scope of its competences ensures the examination of citizen’s appeals, taking of decisions on them and responding to them within the timeframe as prescribed by law. With a view to the above, the government arranges that government members and other public officials receive citizens and handle their written appeals.

Consideration of proposals, appeals and complaints by the government, as well as the receipt of citizens is organized in accordance with the law of the Kyrgyz Republic “on the Order of Handling Proposals, Statements and Complaints of Citizens”, other laws, decrees of the President of the Kyrgyz Republic, decisions of the government and Jogorku Kenesh of the Kyrgyz Republic.

105. The receipt of citizens by government members takes place on the fixed dates of the week according to the schedules approved by Head of the Apparatus on the quarterly basis. Registration for appointments and receipt of citizens is ensured by the Prime Minister’s Apparatus. Organization of work for the fulfillment of decisions on the results of appointments with citizens is entrusted upon executive bodies within the competence of which fall the issues in question.

Handling of citizens’ individual and collective written appeals received by the government is organized by the Prime Minister’s Apparatus. Depending on its content, the appeal is reported to the Prime Minister, vice prime ministers (with due consideration of division of power) or Head of the Apparatus, or the Prime Minister’ Apparatus sends them for consideration and responding to executive bodies, within the competence of which fall the issues described in the given appeal.

106. The Prime Minister’s Apparatus analysis and generalizes citizens’ letters, statements, complaints submitted to the government, informs the government’s administration on the status of the given work, checks on a systematic basis - by the instructions of the Prime Minister, vice prime ministers or Head of the Apparatus - the work of individual ministries, state committees, administrative agencies, other central executive bodies, local state administrations in terms of handling proposals, statements and complaints of citizens, receipt of citizens and prepares recommendations for remediation of drawbacks uncovered in the course of this work.