Kyrgyzstan aims to adopt progressive laws as part of the ongoing judicial reforms

Mar 18, 2015

On March 16-17, 2015 Bishkek hosted the roundtable to discuss the concepts of eight bills which are part of the ongoing reform of the judicial system. As a result, participants of the meeting drafted a schedule of reviewing the bills by relevant committees and during the plenary sessions of the Parliament. They also decided to organize a discussion of the bills in Osh city as well as arrange parliamentary hearings in Bishkek.

The legal reform is aimed at liberalization of the legislation, decriminalization, depenalization, approximation to the international standards, ensuring the safeguards for judicial protection and strengthening responsibility of judges for effective administration of justice.

The package of laws and bills include draft Criminal Code, the Code of Criminal Procedures, the Penal Code, the Civil procedural code, the Code on Misdemeanors, the Laws “On enforcement procedures and the status of enforcement agents”, “On legal aid guaranteed by the state” and the draft constitutional law “On introduction of amendments to the law ‘On the status of judges’” and “On introduction of amendments to the law on ‘Judicial self-regulation’”.

Preparation of these bills were guided by the Recommendations on judicial reform, approved by the Decree #147 of the President of the Kyrgyz Republic “On measures to improve the judicial system in the Kyrgyz Republic” dated August 8, 2012.

The bills are focused on improving the system of enforcement of judicial decisions. According to Mr. Omurbek Tekebaev, the leader of “Ata – Meken” parliamentary faction, “The international practice says that failure to enforce 20 per cent of court decision is a collapse of the judicial system. In the Kyrgyz Republic this figure is 50 %. We have doubled the indicator”.

According to Ms. Leyla Sadykova, head of the task force that developed the draft Criminal Code and the Code on Misdemeanors, experts have taken absolutely new approaches in terms of criminal and legal regulation. They introduced new theoretical, methodological and conceptual approaches towards definition of the main institutions of criminal law. She also noted that the current environment is favorable for adopting new legislative acts, which are quite progressive in terms of their content and conceptual approaches.

Experts, staff of the Parliament’s Administration, legal practitioners as well as representatives of international organizations working in the area of the rule of law and judicial reform took part in the meeting.

Mr. Tumanov, MP and chairperson of the parliamentary committee on legal and judicial issues, asked donor organizations to continue their support to the relevant committees of the Jogorku Kenesh in discussing these bills.

The event was organized by four committees of the Kyrgyz Parliament: on judicial issues and rule of law, human rights, constitutional legislation and statehood, legality and combating crimes as well as countering corruption with support from international partners, including UNDP, UN OHCHR, UNODC, UN-Women, Soros - Kyrgyzstan Foundation, OSCE, GIZ, IDLO / USAID, and the EU.

Background

The Council on judicial reform was established following the Presidential Decree #147 “On measures to improve the justice system in the Kyrgyz Republic” issued on August 8, 2012. The council consists of the leaders of all parliamentary factions, representatives of the judicial and executive branch, legal experts, academicians as well as civil society representatives.

Main task of the Council is to draft proposals on priority areas of judicial reform, ensure coherent actions of all involved parties and adopt normative and legal acts that regulate the organization and internal procedures of courts, law enforcement agencies’ activity and the status of judges.

Special task forces developed new versions of the Criminal Code, the Code of criminal procedures, the Penal Code, the Civil procedural code, the Code on Misdemeanors as well as draft laws on “On enforcement procedures and the status of enforcement agents”, “On legal aid guaranteed by the state” as well as other documents aimed at raising the responsibility of judges.

During two years these groups were supported by international agencies and did an enormous work. Last year the draft laws were handed over to MPs and Council members who initiated these bills: Mr. O. Tekebaev, Ms. N. Nikitenko, Mr. T. Tumanov, Ms. G. Skripkina, Mr. T. Shainazarov, Ms. E. Kochkarova and Mr. K. Abdiev.

Contact information

Ms. Ainura Bekkoenova, UNDP in the Kyrgyz Republic Democratic Governance dimension chief, phone +996-312-694370 ext. 144 (w.), email: ainura.bekkoenova@undp.org

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