Constitution

Kyrgyzstan 2010 Constitution (reviewed 2016)

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Table of Contents

SECTION III. THE PRESIDENT OF THE KYRGYZ REPUBLIC

Article 60

  1. The President shall be the head of State.
  2. The President shall be the symbol of the unity of the people and state power.

Article 61

  1. The President shall be elected by the citizens of the Kyrgyz Republic for a term of 6 years.
  2. One and the same person may not be elected President twice.

Article 62

  1. A citizen of the Kyrgyz Republic, no younger than 35 years of age and not older than 70 years of age, who has a command of the state language and who has been resident in the republic for no less than 15 years in total may be elected President.
  2. There shall be no limit on the number of candidates for the office of the President. A person who has collected not less than 30,000 voters’ signatures may be registered as a presidential candidate.The procedure for presidential elections shall be defined by the constitutional law.

Article 63

  1. Upon entering office, the President shall take an oath to the people of Kyrgyzstan.
  2. The powers of the President shall cease at the moment when the newly elected President takes office.
  3. During the period in office the President shall suspend his membership in political parties and terminate any actions related to the activity of political parties.

Article 64

  1. The President:
    1. shall call the elections to the Jogorku Kenesh in cases provided for in the present Constitution; shall make decision on calling early elections to the Jogorku Kenesh in cases and pursuant the procedures envisaged in the present Constitution;
    2. shall call elections to local keneshes (parliaments), in accordance with procedure and in cases provided in the law shall dismiss local keneshes.
  2. The President:
    1. shall sign and promulgate laws; shall return laws with his objections to the Jogorku Kenesh;
    2. shall have the right to convene an extraordinary sitting of the Jogorku Kenesh and define the issues for consideration thereof;
    3. shall have the right to address at the sittings of the Jogorku Kenesh.
  3. The President:
    1. at the proposal of the Council on selection of Judges, shall submit to the Jogorku Kenesh candidates for election as judges of the Supreme Court and the Constitutional Chamber of the Supreme Court;
    2. shall submit to the Jogorku Kenesh the judges to be dismissed from the membership in the Supreme Court and the Constitutional Chamber of the Supreme Court upon proposal of the disciplinary commission with the Council of judges or the Council of judges in cases envisaged in this Constitution and the constitutional law;
    3. shall appoint local court judges at the proposal of the Council on selection of Judges;
    4. shall dismiss local court judges at the proposal of the disciplinary commission with the Council of Judges or the Council of judges in cases envisaged in this Constitution and the constitutional law.
  4. The President:
    1. shall appoint with the consent of the Jogorku Kenesh the Prosecutor General; in cases envisaged in the law, shall dismiss the Prosecutor General from office with the consent of not less than one half of the total number of the deputies of the Jogorku Kenesh or at the initiative of one third of the total number of the deputies of the Jogorku Kenesh approved by the two thirds of the deputies of the Jogorku Kenesh; at the proposal of the Prosecutor General shall appoint and dismiss the deputies of the Prosecutor General;
    2. shall appoint and dismiss from office the members of the Government in charge of state agencies dealing with the issues of defense and national security as well as their deputies.
  5. The President:
    1. shall submit to the Jogorku Kenesh the candidates to be elected to the position of the Chairperson of the National Bank; at the proposal of the Chairperson of the National Bank shall appoint deputy chairmen and members of the Board of the National Bank; in cases envisaged in the law shall dismiss them from office;
    2. shall nominate to the Jogorku Kenesh the candidates to form one third of the members of the Central Commission on elections and referenda for election and dismissal;
    3. shall nominate to the Jogorku Kenesh the candidates to form one third of the members of the Chamber of Accounts for election and dismissal;
    4. shall appoint the Chairperson of the Chamber of Accounts from among the members of the Chamber of Accounts elected by the Jogorku Kenesh and dismisses the Chairperson in cases envisaged in the law.
  6. The President:
    1. shall represent the Kyrgyz Republic inside and outside the country;
    2. shall conduct negotiations and sign upon consent of the Prime Minister international treaties; shall have the right to assign these powers to the Prime-minister, members of the Government as well as other officials;
    3. shall sign instruments of ratification and instruments of accession;
    4. shall appoint, upon consent of the Prime minister, diplomatic representatives of the Kyrgyz Republic in foreign States and permanent representatives in international organizations and shall recall them; shall accept the credentials and letters of recall of the heads of diplomatic missions of foreign States.
  7. The President shall decide upon the issues of naturalization and denunciation of citizenship in the Kyrgyz Republic
  8. The President shall be the Commander in Chief of the Armed Forces of the Kyrgyz Republic, shall define, appoint and dismiss the highest commanders of the Armed Forces of the Kyrgyz Republic.
  9. The President:
    1. shall chair the Security council which is established in accordance with the law;
    2. shall give warning, on grounds specified by constitutional law, of the possibility of introducing a state of emergency, and where necessary shall introduce a state of emergency in individual localities without prior declaration, providing prompt notification to the Jogorku Kenesh;
    3. shall declare general or partial mobilization; shall announce a state of war in the event of aggression to the Kyrgyz Republic and shall promptly submit this issue for consideration by the Jogorku Kenesh;
    4. shall declare martial law in the interests of the defense of the country and the safety of its citizens and shall promptly submit this issue for consideration by the Jogorku Kenesh.
  10. The President:
    1. shall confer state awards of the Kyrgyz Republic;
    2. shall confer honorary titles of the Kyrgyz Republic;
    3. shall confer the highest military ranks, diplomatic ranks and other special titles;
    4. shall grant pardons;
    5. shall define the structure of his/her apparatus, shall approve the regulations thereof and appoint the head thereof.
  11. The President shall exercise other powers envisaged in the present Constitution.

Article 65

The President shall exercise his/her powers by way of issuing decrees and orders which shall be mandatory for implementation on the entire territory of the Kyrgyz Republic.

Article 66

  1. The powers of the President may be terminated early as a result of resignation on the basis of his/her own application, upon his impeachment in accordance with the procedure provided for in the present Constitution or in the event of his inability to exercise his powers as a result of illness or death.
  2. In the event that the President is unable to carry out his/her duties as a result of illness, the Jogorku Kenesh shall adopt a decision on early dismissal of the President from office based on the conclusion of a state medical commission created by it, with a vote of no less than two thirds of the total number of deputies of the Jogorku Kenesh.

Article 67

  1. The President may be brought to criminal liability after being dismissed.
  2. The President may be dismissed from office only on the basis of a charge brought by the Jogorku Kenesh in respect of him for having committed a crime, confirmed by the conclusion of the Office of the Prosecutor General that the President’s actions had features of a crime.
  3. The decision of the Jogorku Kenesh to bring a charge against the President for his dismissal from office must be taken by the majority of the total number of the deputies of the Jogorku Kenesh at the initiative of not less than one third of the total number of deputies, and shall be supported by a conclusion of a special commission formed by the Jogorku Kenesh.
  4. The decision of the Jogorku Kenesh on the impeachment of the President shall be taken by the majority of not less than two third of votes of the total number of the deputies of the Jogorku Kenesh not later than within three months since the bringing of the charge against the President. In the event that the Jogorku Kenesh fails to make a decision within this period, the charge shall be deemed rejected.

Article 68

  1. In case of early termination of powers by the President on the grounds envisaged in the present Constitution, his/her powers shall be exercised by the Toraga [Speaker] of the Jogorku Kenesh until new President is elected. In case of inability of the Toraga to exercise the powers of the President, then such powers shall be exercised by the Prime minister or a person acting as Prime minister.Early presidential elections are conducted within three months period since the termination of powers of the President.
  2. Officials exercising the powers of the President shall not have the right to call early elections of the Jogorku Kenesh, dismiss the Government or be a candidate to the position of the President at early Presidential elections

Article 69

  1. All former presidents except for those impeached in accordance with provisions of article 67 of the present Constitution, shall have the title of ex-President of the Kyrgyz Republic.
  2. The status of the ex-President shall be defined in the law.

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