Kyrgyzstan 2010 Constitution (reviewed 2016)

Preamble

We, the people of Kyrgyzstan,

• Paying tribute to the memory of heroes who rendered life for freedom of the people;
  
  Confirming adherence to the goal to build free, independent and democratic state whose highest values are the individual, his / her life, health, rights and freedoms;

  Expressing unstinting conviction in the future of the country and firm will to develop and enhance the Kyrgyz statehood, protect state sovereignty and unity of the people, to develop their language and culture;

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  Aspiring to root the rule of law as well as ensure social justice, economic welfare and spiritual development of the people;

Acting on behest of our ancestors to live in peace and accord, in harmony with nature, hereby adopt the present Constitution.

SECTION I. FUNDAMENTALS OF CONSTITUTIONAL ORDER

Article 1

1. The Kyrgyz Republic (Kyrgyzstan) is a sovereign, democratic, secular, unitary and social state governed by the rule of law.
2. The Kyrgyz Republic enjoys the plenitude of the state power on its territory and implements its internal and external policy independently.

Article 2

1. The people of Kyrgyzstan are the bearer of sovereignty and the sole source of state power in the Kyrgyz Republic.
2. The people of Kyrgyzstan shall exercise its power directly at elections and referenda, as well as through the system of state authorities and local self-governance bodies on the basis of the present Constitution and laws.
3. Laws and other important matters of state significance may be submitted to a referendum (nationwide vote). The procedures of holding a referendum and the list of questions put to the referendum shall be defined in the constitutional law.
4. The elections shall be free.The elections of the deputies of the Jogorku Kenesh, the President as well as the deputies of representative local self-governance bodies shall be conducted on the basis of universal equal and direct suffrage by secret ballot.

   The right to vote shall be granted to the citizens of the Kyrgyz Republic having reached 18 years of age.

5. The state shall ensure the conditions for the representation of various social groups defined by the law in state authorities and local self-governance bodies, including at the level of decision-making.

Article 3

The state power in the Kyrgyz Republic shall be based on the following principles:

1. Supremacy of the popular power, represented and ensured by the Jogorku Kenesh and the President elected nation-wide;
2. Separation of state power;
3. Openness and responsibility of state authorities, organs of local self-governance towards the people and exercise of their powers in the interests of the people;
4. Separation of functions and powers of state authorities and local self-governance bodies.

Article 4

1. Political diversity and multi-party system shall be recognized in the Kyrgyz Republic.
2. The citizens shall be entitled to create political parties, professional unions as well as other public associations on the basis of free will and unity of interests for implementation and protection of their rights and freedoms, as well as satisfying political, economic, social, labor, cultural and other interests.
3. Political parties shall assist to the expression of political will of citizens, as well as shall participate in the elections of the deputies of the Jogorku Kenesh, the President as well as local self-governance bodies.
4. The following shall be prohibited in the Kyrgyz Republic:
   1. merger of state, municipal and party institutions; establishment and activity of party organizations in state and municipal institutions and organizations; carrying out party activity by civil and municipal servants except for the cases when such activity is implemented outside their official duties;
   2. membership of those serving in the army, law-enforcement agencies as well as judges in political parties as well as their statements in support of any political party;
   3. creation of political parties on religious or ethnic basis as well as pursuit of political goals by religious associations;
   4. creation of militant formations by associations of citizens;
   5. activity of political parties, public and religious organizations, their representations and branches in the event that such structures pursue political goals aimed at forced change of the constitutional setup, undermining national security, incitement of social, racial, inter-national, inter-ethnic and religious hatred.

Article 5

1. The state and its authorities shall serve for the benefit of the entire society and not a certain part thereof.
2. No part of the population, no association and no separate person shall have the right to monopolize power in the state. Usurpation of state power shall be considered as a gravest crime.
3. The state, its authorities, local self-government bodies and officials thereof shall not go beyond the limits of powers defined in the present Constitution and laws.
4. State authorities, local self-governance bodies and officials thereof shall be responsible for any illegal action in accordance with the regulations envisaged in the law.

Article 6

1. The Constitution shall have supreme legal force and direct application in the Kyrgyz Republic.
2. The Constitution shall serve the basis for the adoption of constitutional laws, laws as well as other regulatory legal acts.
3. International treaties to which the Kyrgyz Republic is a party that have entered into force under the established legal procedure and also the universally recognized principles and norms of international law shall be the constituent part of the legal system of the Kyrgyz Republic.The procedure and modalities of application of international treaties as well as universally recognized principles and norms of the international law shall be defined in the law.
4. Official publication of laws and other regulatory legal acts shall be considered as mandatory precondition for their enactment.
5. A law or any other regulatory legal act which establishes new obligations or which aggravates responsibility shall have no retroactive force.

Article 7

1. No religion in the Kyrgyz Republic shall be recognized as the state or mandatory one.
2. Religion and all cults shall be separated from the state.
3. The involvement of religious associations and ministers of religion in the activity of state authorities shall be prohibited.

Article 8

1. The territory of the Kyrgyz Republic, within the existing boundaries, shall be indivisible and inviolable.
2. For the purposes of organizing state governance and local self governance, the territory of the Kyrgyz Republic shall be divided into administrative territorial units determined by law.
3. The cities of Bishkek and Osh shall be cities of republic significance and their status shall be determined by law.

Article 9

1. The Kyrgyz Republic shall elaborate social programs aimed at establishing decent conditions of life and free personal development as well as assistance to employment.
2. The Kyrgyz Republic shall ensure the support to socially vulnerable categories of citizens, guaranteed minimal level of labor remuneration, protection of labor and health.
3. The Kyrgyz Republic shall develop a system of social services, medical services, establishes state pensions, benefits as well as other social security safeguards.

Article 10

1. The state language of the Kyrgyz Republic shall be the Kyrgyz language.
2. In the Kyrgyz Republic, the Russian language shall be used in the capacity of an official language.
3. The Kyrgyz Republic shall ensure that the representatives of all ethnicities which form the population of Kyrgyzstan have the right to preserve their native language as well as creation of conditions for its learning and development.

Article 11

1. The Kyrgyz Republic shall have state symbols – the Flag, the Emblem and Anthem. Their description and procedure of official use shall be established by law.
2. The capital of the Kyrgyz Republic shall be the city of Bishkek.
3. The unit of currency of the Kyrgyz Republic shall be the Som.

Article 12

1. In the Kyrgyz Republic the diversity of forms of property shall be recognized and equal legal protection to private, state, municipal and other forms of property shall be guaranteed.
2. Property shall be inviolable. No one can be arbitrarily deprived of his/her property.Confiscation of property against the will of the owner shall be allowed only upon decision of a court.

   Forced confiscation of property without the decision of the court shall be allowed in cases stipulated by law, for the purposes of protecting national security, public order, protection of health and morale of the population as well as protection of rights and freedoms of other persons. The legality of such confiscation shall be subject to mandatory review in court.

   The alienation of property for public needs defined in the law may be effected upon the decision of the court with ensuring of prior and equitable compensation for the value of such property as well as for other losses incurred as a result of such alienation.

3. Appropriation by the state of property belonging to citizens and legal entities (nationalization) shall be effected in accordance with the law with the compensation of the value of such property as well as for other losses.
4. The Kyrgyz Republic shall protect the property of its citizens and legal persons, as well as its property located on the territory of other States.
5. The land, its resources, airspace, waters, forests, flora and fauna, as well as other natural resources shall be the exclusive property of the Kyrgyz Republic; these shall be used for the purpose of preserving a unified environmental system as the basis of life and activity of the people of Kyrgyzstan and shall enjoy special protection from the State.Land may also be in private, municipal and other forms of ownership except for pastures which may not be in private property.
6. The limits of and procedure for the exercise of rights by owners and implementation of guarantees of their protection shall be determined by law.

Article 13

1. The state budget of the Kyrgyz Republic shall consist of the republican and local budgets and shall include expenditures and revenues.
2. The procedure of formulation, adoption and execution of the republican and local budgets as well as of the audit of their execution shall be determined by law. The republican budget shall be adopted by a law; the local budgets are adopted by the decision of relevant representation bodies.
3. A single taxation system shall be in force on the territory of the Kyrgyz Republic. The right to establish taxes shall belong to the Jogorku Kenesh. Laws establishing new taxes and negatively affecting the situation of taxpayers shall not have retroactive force.

Article 14

1. The Kyrgyz Republic has no goals of expansion, aggression or territorial claims to be resolved by military force. It rejects the militarization of state life and the subordination of the State and its activity to the purposes of waging a war. The Armed Forces of Kyrgyzstan shall be formed in accordance with principles of self-defense and defensive sufficiency.
2. The right to wage war shall not be recognized except in cases of aggression against Kyrgyzstan and other States bound by obligations of collective defense. The permission in each instance of displacement of the units of the Armed Forces of the Kyrgyz Republic beyond the territory of Kyrgyzstan shall be granted by decision of the Jogorku Kenesh adopted by a majority of not less than two thirds of the total number of deputies.
3. The use of the Armed Forces of the Kyrgyz Republic to attain domestic political objectives shall be prohibited.
4. The Kyrgyz Republic shall strive for universal and just peace, mutually beneficial cooperation and the resolution of global and regional problems by peaceful means.

Article 15

State of emergency or martial law in the Kyrgyz Republic may be imposed only in the cases and following the procedures established by the present Constitution and constitutional laws.