| 23 |
In law, can citizens sue the government for infringement of their civil rights? |
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23:
In law, can citizens sue the government for infringement of their civil rights?
|
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| Score: |
YES |
NO |
 |
|
| |
Comments: This rule covers any violation by the state power.
References: The Constitution, Article 15, paragraph 14
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| 24 |
Can the chief executive be held accountable for his/her actions? |
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24a:
In practice, the chief executive gives reasons for his/her policy decisions.
|
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Referendum on the new Constitution was announced without any consultation with the civil society. The general public has no time to discuss or debate the amendments which very seriously changed the political system of the Kyrgyz Republic. At the same time, under pressure from the mass media, the president signed a law regarding the transformation of the state broadcasting company to a public one.
References: Statement on the Kyrgyz Referendum, U.S. MIssion to OSCE, Oct. 25, 2007, www.osce.org
Monitoring of freedom of speech for April 2007, www.monitoring.kg
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| |
24b:
In law, the judiciary can review the actions of the executive.
|
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| Score: |
YES |
NO |
|
|
| |
Comments: The Supreme Court of the Kyrgyz Republic shall be the highest body of the judicial power in regard to civil, criminal and administrative judicial proceedings, as well as in regard to commercial disputes and other matters as the law may envisage. The Constitutional Court shall be the highest body of the judicial power for the protection of the Constitution of the Kyrgyz Republic.
References: The Constitution, Articles 85 and 86
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| |
24c:
In practice, when necessary, the judiciary reviews the actions of the executive.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: the civil procedure code does include a process for suing state agencies and compelling them to act, called "Proceedings of Cases on Citizens Contesting Decisions and Activities (Inactivities) of Government Bodies, Bodies of Local Self-Government, and Officials," Civil Procedure Code, Chapter 27. But this is rarely used, mainly on labor issues.
References: American Bar Association, Judicial Reform Index for Kyrgyzstan, June 2003
Confidential source (a lawyer)
|
| |
24d:
In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: According to parliament members and lawyers, the president's legal basis for dissolving the parliament is very weak.
References: Assessment of the President's Order on Dissolution of the Parliament, #33 (700) Oct. 24 2007, Delo : Newspaper
Bishkek Press Club, interview with Tamerlan Ibraimov, Oct. 23, 2007, www.bpc.kg
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| 25 |
Is the executive leadership subject to criminal proceedings? |
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| |
25a:
In law, the heads of state and government can be prosecuted for crimes they commit.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: The president (head of state) and all former presidents of the Kyrgyz Republic are granted immunity. They shall not be brought to court for criminal or administrative offenses because of their action or inaction during their presidency. Exception is made for presidents discharged from the office as a result of impeachment.
References: The Constitution, Article 49
|
| |
25b:
In law, ministerial-level officials can be prosecuted for crimes they commit.
|
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| Score: |
YES |
NO |
|
|
| |
Comments: The prime minister, ministers, and other civil servants might be prosecuted for crimes they commit.
References: The Law on Civil Service, Article 37
|
| 26 |
Are there regulations governing conflicts of interest by the executive branch? |
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| |
26a:
In law, the heads of state and government are required to file a regular asset disclosure form.
|
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| Score: |
YES |
NO |
|
|
| |
Comments: According to these laws, all civil servants should declare their income and assets, liabilities and property and those of their immediate family members.
References: The Law on Civil Service, Chapter V of 30 June, 2004
The Law on Declaring Information on Income and Assets, Liabilities and Property of Political and Other Special State Appointees and Their Immediate Family Members of 7 August 2004 , N 108
|
| |
26b:
In law, ministerial-level officials are required to file a regular asset disclosure form.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: The Law on Civil Service, Chapter V, of 30 June, 2004
The Law on Declaring Information on Income and Assets, Liabilities and Property of Political and Other Special State Appointees and Their Immediate Family Members of 7 August 2004 , N 108
|
| |
26c:
In law, there are regulations governing gifts and hospitality offered to members of the executive branch.
|
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| Score: |
YES |
NO |
|
|
| |
Comments: There is a very general rule in the law on civil service that restricts receiving gifts, money or services for action or inaction in relation to the discharge of official duty.
References: The Law on Civil Service, Article 11, of 30 June, 2004
|
| |
26d:
In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: The law on declaration of income and assets stipulates that the Agency on Civil Service Affairs as a body is responsible for auditing declarations of civil servants, including high officials. But this is not an independent body, because the head of the agency is a presidential appointee. The agency shall examine the data presented in declaration, but there is no procedure for doing this, and the agency's staff are not certified auditors or appraisers.
References: The Law on Declaring Information on Income and Assets, Liabilities and Property of Political and Other Special State Appointees and Their Immediate Family Members of 30 June, 2004, Article 6
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| |
26e:
In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: The law on civil service restricts relationships with the private sector only while civil servants are in service and one year after they leave their office. Elected officials and ministers are not bound by those restrictions.
References: The Law on Civil Service, Article 11, of 30 June, 2004
|
| |
26f:
In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Confidential source (expert in civil service law)
|
| |
26g:
In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Regulations cover only official gifts to the head of state. It is not possible to control gifts to other high officials.
References: Confidential source (expert in civil service law)
|
| |
26h:
In practice, executive branch asset disclosures (defined here as ministers and above) are audited.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: According to declarations, most of deputies of the parliament are very poor people with low incomes. As stated in the 24.kg analysis, for instance, one of the richest oligarchs and a patron of arts, Tashkul Kereksizov, didn't earn any money in 2006.
References: 24.kg Information Agency, Results of Declaration Campaign of 2007, Aug. 7, 2007, www.24.kg
Confidential source (expert in civil service law)
|
| 27 |
Can citizens access the asset disclosure records of the heads of state and government? |
| |
| |
27a:
In law, citizens can access the asset disclosure records of the heads of state and government.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: The Civil service Agency has to publish assets disclosure forms in its bulletin and on the government's Web site.
References: The Law on Declaring Information on Income and Assets, Liabilities and Property of Political and Other Special State Appointees and Their Immediate Family Members of 7 August 2004 , N 108, Article 7
|
| |
27b:
In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Records are available online at www.gov.kg, Government Services Portal
References: Monitoring of State Strategy of Combating Corruption, September, 2007, Bishkek Confidential source (expert in civil service law)
|
| |
27c:
In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Records are available online at www.gov.kg, Government Services Portal.
References: Monitoring of State Strategy of Combating Corruption, September, 2007, Bishkek
Confidential source (expert in civil service law)
|
| 28 |
In practice, official government functions are kept separate and distinct from the functions of the ruling political party. |
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| |
28:
In practice, official government functions are kept separate and distinct from the functions of the ruling political party.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: The head of state officially established a party. Although the next day he announced that he would relieved from this post during the upcoming elections, most observers think that administrative resources were used.
References: Kirgizia, Kurmanbek Bakiev Approved as a Chairman of the Recently Established Ak-Jol Party, Oct. 15, 2007, www.fergana.ru
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