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2007 Assessment

Kyrgyz Republic: Integrity Indicators Scorecard

Kyrgyz Republic: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	50
30	Are there regulations governing conflicts of interest by members of the national legislature?	32
31	Can citizens access the asset disclosure records of members of the national legislature?	100
32	Can citizens access legislative processes and documents?	67

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: The Constitutional Court shall disregard any legal act which it regards as unconstitutional.

References: The Constitution, Article 85

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: Recently on September 14, 2007, the Constitutional Court disregarded a law on the regulation of parliament and on this basis the Constitution approved by the parliament was disregarded too. However, this happened almost one year after approval of the law.

References: Constitutional-Parliamentarian Alarm, [ LINK ]

Decision of the Constitutional Court of the Kyrgyz Republic of 14 September, 2007

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: The members of the parliament can be the subject of criminal proceedings but only with the approval of the parliament. Otherwise thay have immunity.

References: The Constitution, Article 56

Peer Review Comments: I believe that parliamentarians are subject to criminal sanctions, with limitations.

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: Members of the parliament are obliged to fill out declarations of their incomes and assets.

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

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

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 the office. Elected officials are not subject to these restrictions, however.

References: The Law on Civil Service, Article 11, of 30 June, 2004

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

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 discharge of their official duties.

References: The Law on Civil Service, Article 11, of 30 June, 2004

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

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 the declaration, but there is no procedure to do 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

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: Most of the deputies of parliament are businessmen, so they usually return to their businesses, which legally should be managed by trust funds or hired managers while those civil servants are in office.

References: Confidential source (civil service law expert)

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: In practice, there is no mechanism of control over gifts and hospitality. Legislators never report about their activities, although there is a draft code of conduct for civil servants in which these mechanisms are supposed to be included.

References: Confidential source (civil service law expert)

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: Legislative branch asset disclosures are not audited. As stated in the 24.kg analysis, for instance, one of the richest oligarchs (and a patron of the 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 (civil service law expert)

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: All data must be published by the Civil Service Agency.

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: All data are available online. Mass media duplicate the results in their publications.

References: 24.kg Information Agency , Results of Declaration Campaign of 2007, Aug. 7, 2007, www.24.kg Civil Service Agency, Integrated Data on Incomes and Assets for 2006, www.csa.gov.kg

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: Records can be obtained online.

References: 24.kg Information Agency, Results of Declaration Campaign of 2007, Aug. 07, 2007, at www.24.kg Civil Service Agency, Integrated Data on Incomes and Assets for 2006, www.csa.gov.kg

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: The Law on Access to Information of State Bodies and Local Self-governments of 14 November, 2006, Chapters III, IV

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments:

References: Confidential source (NGO member)

Elmira Toktogulova, Director, Media Consult Public Association, August 17, 2007, Bishkek

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments:

References: Confidential source (NGO member)

Elmira Toktogulova, Director, Media Consult Public Association, August 17, 2007, Bishkek