Kyrgyzstan 2010 Constitution (reviewed 2016)

SECTION IV. LEGISLATIVE POWER OF THE KYRGYZ REPUBLIC

Chapter I. The Jogorku Kenesh

Article 70

1. The Jogorku Kenesh – the Parliament of the Kyrgyz Republic – shall be the highest representative body exercising legislative power and oversight functions within the limits of its competence.
2. The Jogorku Kenesh shall consist of 120 deputies elected for a five year term on the basis of proportional representation.As a result of elections a political party may not be granted more than 65 deputy mandates in the Parliament.

   Any citizen of the Kyrgyz Republic who has reached 21 years of age as of the election day and who possesses the electoral right, may be elected as a Deputy of the Jogorku Kenesh.

   The procedure of electing the deputies to the Jogorku Kenesh including the establishment of an electoral threshold for passing to the Parliament, shall be defined in the constitutional law.

3. The deputies of the Jogorku Kenesh shall form factions.The faction or a coalition of factions, which has officially announced the creation of coalition of factions in the Jogorku Kenesh and which has over one half of the deputies mandates, shall be considered as parliamentary majority.

   The faction or factions which are not part of the parliamentary majority and which have announced their opposition to the latter, shall be considered as parliamentary opposition.

   The decision on withdrawal from the coalition of factions of the parliamentary majority shall be made by a faction by at least two thirds of votes of the total number of faction members. The decision of the faction shall be in the form of a resolution of the faction and shall be signed by each faction member who voted for the withdrawal.

Article 71

1. The Jogorku Kenesh shall assemble for its first session not later than 15 days after the results of elections are defined.
2. The oldest member of the Jogorku Kenesh shall open the first sitting of the Jogorku Kenesh.
3. The powers of the previous Jogorku Kenesh shall cease from the day of the first sitting of the newly convened Jogorku Kenesh.
4. The powers of the deputies of the Jogorku Kenesh shall commence from the day of taking the oath by them.

Article 72

1. A deputy of the Jogorku Kenesh may not be prosecuted for opinions expressed in the course of their activities as a deputy or for the outcome of voting in the Jogorku Kenesh. The institution of criminal proceedings against a deputy shall be permitted with the consent of the majority of the total number of the deputies of the Jogorku Kenesh except where grave offences have been committed.
2. Except for cases envisaged in part 3 of the present article, a deputy of the Jogorku Kenesh may not combine the activity of the deputy with another position in the civil and municipal service, may not be engaged in entrepreneurial activity and may not be a member of the governing body or supervisory council of a commercial organization.A deputy of the Jogorku Kenesh shall have the right to engage in scientific, teaching or other creative activity.
3. A deputy of the Jogorku Kenesh may be appointed to the position of the Prime minister or first deputy prime minister retaining the mandate and the right to vote at the plenary sessions of the Jogorku Kenesh. The procedure of implementation and limitation of other powers of a deputy appointed to the position of the Prime minister or first deputy prime minister shall be defined by laws.Resignation, relieving from duty or termination of performing the functions of the Prime minister or first deputy prime minister shall result in the full restoration of the powers of a deputy.

Article 73

1. A deputy of the Jogorku Kenesh shall not be bound by the imperative mandate. The deputy may not be recalled.
2. The powers of a deputy of the Jogorku Kenesh shall cease simultaneously with the termination of activity of the relevant convocation of Jogorku Kenesh.
3. In addition to the ground envisaged in paragraph 2 of the present article the powers of the deputy of the Jogorku Kenesh shall be subject to early termination in the following cases:
   1. Submission of a written application on resignation of the powers as a deputy or his/her disaffiliation with the faction;
   2. Withdrawal from citizenship or acquisition of another citizenship;
   3. Acceptance of a job or failure to abandon work incompatible with the exercise of their powers as a deputy;
   4. Declaring the elections invalid;
   5. Departure to a permanent place of residence outside the borders of the Kyrgyz Republic; a court decision declaring the deputy legally incapable;
   6. Entry into legal force of a court conviction in respect of a deputy;
   7. Absence from the sittings of the Jogorku Kenesh for no good reason for 30 and more working days during one session;
   8. Entry into legal force of a court decision declaring the deputy missing or deceased;
   9. Death of a deputy.

   Early termination of powers of a deputy of the Jogorku Kenesh on the aforementioned grounds shall be executed by a resolution of the Central Commission on Elections and Referendums, which shall be adopted not later than 30 calendar days since the date of accrual of cause.

4. The procedure for replacing a mandate falling vacant as the result of early termination of powers of a deputy shall be defined by the constitutional law.

Chapter II. Powers of the Jogorku Kenesh

Article 74

1. The Jogorku Kenesh:
   1. shall adopt the law on appointing a referendum;
   2. shall call for presidential electrons.
2. The Jogorku Kenesh:
   1. shall introduce changes to the present Constitution;
   2. shall adopt laws;
   3. shall ratify and denunciate international treaties pursuant the procedures envisaged by law;
   4. shall solve the issues of alteration of the state borders of the Kyrgyz Republic;
   5. shall approve the republican budget and the report on its execution;
   6. shall decide on matters of administrative and territorial structure of the Kyrgyz Republic;
   7. shall issue amnesty acts.
3. The Jogorku Kenesh:
   1. shall approve the program of the activity of the Government, defines the structure and composition of the Government except for the members heading state agencies in charge of issues of defense and national security;
   2. shall approve nation wide development programs submitted by the Government;
   3. shall make decision upon the confidence in the Government;
   4. shall make decision on expressing no confidence in the Government.
4. The Jogorku Kenesh:
   1. upon submission of the President shall elect the judges of the Supreme Court and the Constitutional Chamber of the Supreme Court; in cases envisaged by this Constitution and the constitutional law shall dismiss them upon submission of the President;
   2. shall approve the composition of the Council on selection of Judges in accordance with the procedure envisaged in the law;
   3. upon submission of the President shall elect the Chairperson of the National Bank and shall dismiss him/her in cases envisaged in the law;
   4. shall elect members of the Central Commission on elections and referenda; one third of its members to be nominated by the President, one third by the Parliamentary majority and one third by the Parliamentary opposition; shall dismiss them in cases provided for by the law;
   5. shall elect the members of the Chamber of Accounts; one third of its members to be nominated by the President; one third by the Parliamentary majority and one third by the Parliamentary opposition; dismiss them in cases provided for by the law;
   6. shall elect and in cases provided for in the law shall dismiss the Ombudsman (Akiykatchy); shall give consent for criminal proceedings against him/her;
   7. shall elect and in cases provided for in the law shall dismiss deputies of the Ombudsman (Akiykatchy) upon submission of the Ombudsman (Akiykatchy); shall give consent for criminal proceedings against them;
   8. upon proposal of the President, shall approve the appointment of the Prosecutor General; shall approve criminal proceedings against the Prosecutor General; shall give consent for dismissal the Prosecutor General from office by the majority of at least one half of the total number of deputies of the Jogorku Kenesh;
   9. shall approve by the majority of not less than two thirds of votes of the total number of the deputies of the Jogorku Kenesh the initiative of one third of the total number of the deputies of the Jogorku Kenesh on dismissal of the Prosecutor General from office in cases provided for in the law.
5. The Jogorku Kenesh:
   1. shall introduce the state of emergency in cases and in accordance with procedure envisaged in the constitutional law, shall approve or repeal Presidential decrees on this matter;
   2. shall decide on matters of war and peace; imposition of the martial law; declaring state of war as well as approval of repealing Presidential decrees on this matter;
   3. shall decide on matters concerning the possibility of using the Armed Forces of the Kyrgyz Republic outside its borders in case of necessity to fulfill international treaty obligations in support of peace and security;
   4. shall establish military ranks, diplomatic ranks and other special titles of the Kyrgyz Republic;
   5. shall establish state awards and honorary titles of the Kyrgyz Republic.
6. The Jogorku Kenesh:
   1. shall hear addresses of the President, the representatives of foreign States and international organizations;
   2. shall hear annual statement of the Ombudsman (Akiykatchy);
   3. shall hear annual reports of the Prime Minister, the Prosecutor General, the Chairperson of the National Bank and the Chairperson of the Chamber of Accounts.
7. The Jogorku Kenesh shall bring charges against the President and shall make the decision on his/her impeachment in accordance with the procedures envisaged in the present Constitution.
8. The hearing of annual reports and statements of officials specified in the present Article shall be conducted in accordance with the provisions of the present Constitution and laws on the autonomy and independence of the state authorities and their officials.
9. The Jogorku Kenesh shall exercise other powers provided for in the present Constitution.

Article 75

1. The Jogorku Kenesh shall elect from among its members the Toraga [Speaker] of the Jogorku Kenesh and his/her deputies.The deputies of the Toraga of the Jogorku Kenesh shall be elected in the number and in accordance with the procedures to ensure that they are elected from the deputies of the Jogorku Kenesh which are part of the parliamentary opposition.
2. The Toraga of the Jogorku Kenesh:
   1. shall conduct the sittings of the Jogorku Kenesh;
   2. shall perform the overall guidance in preparation of issues to considered at the sittings of the Jogorku Kenesh;
   3. shall sign acts adopted by the Jogorku Kenesh;
   4. shall represent the Jogorku Kenesh in the Kyrgyz Republic and outside its borders, shall ensure interaction of the Jogorku Kenesh with the President, the Government, the judicial branch and local self government bodies;
   5. shall exercise general management and oversight over the activity of the Administration of the Jogorku Kenesh;
   6. shall exercise other powers related to the organization of the activity of the Jogorku Kenesh entrusted to him/her under the Rules of Procedure of the Jogorku Kenesh.
3. The Toraga of the Jogorku Kenesh shall be elected by secret ballot by majority of the total number of deputies of the Jogorku Kenesh.The Toraga of the Jogorku Kenesh shall be accountable to the Jogorku Kenesh and may be dismissed from office by decision adopted by a majority of not less than two thirds of the total number of deputies of the Jogorku Kenesh.

   Loss of the parliamentary majority status by the coalition of factions will require confirmation of powers of the Speaker by the majority of votes of the total number of deputies of the Jogorku Kenesh.

Article 76

1. The Jogorku Kenesh shall form committees from among its deputies and also temporary commissions and determine their composition. Chairpersons of the Budget Committee and the Committee on law and order shall be from among the representatives of the Parliamentary opposition.
2. Committees of the Jogorku Kenesh shall prepare and conduct preliminary review of issues referred to the competence of the Jogorku Kenesh and oversee the implementation of the laws and resolutions adopted by the Jogorku Kenesh.
3. Laws and regulatory legal acts of the Jogorku Kenesh shall be adopted after preliminary review of their drafts by the relevant committees of the Jogorku Kenesh.
4. The election and approval by the Jogorku Kenesh for appointments and dismissals from public positions shall be performed provided there is an opinions of the relevant committees of the Jogorku Kenesh.

Article 77

1. The sessions of the Jogorku Kenesh shall be conducted in the form of sittings and shall be held since the first working day of September until the last working day of June of the following year.
2. The sittings of the Jogorku Kenesh shall be public unless the nature of issues under consideration requires closed sittings.
3. The Toraga of the Jogorku Kenesh shall convene extraordinary sessions of the Jogorku Kenesh at the proposal of the President, the Government or not less than one third of the deputies of the Jogorku Kenesh.
4. A sitting of the Jogorku Kenesh shall have a quorum in the event that the majority of the total number of the deputies of the Jogorku Kenesh are in attendance.
5. The decisions of the Jogorku Kenesh shall be made by voting during the sittings and formalized through resolutions.

Article 78

1. The Jogorku Kenesh may decide on its self-dissolution.
2. A decision on self-dissolution may be adopted by the majority of not less than two-thirds of the total number of deputies of the Jogorku Kenesh.
3. Within 5 days since the self-dissolution of the Jogorku Kenesh the President shall call early elections so that the early elections should be held not later than 45 days since the date of their announcement.

Chapter III. Legislative activity

Article 79

The right of legislative initiative shall lie with:

1. 10,000 voters (popular initiative);
2. A deputy of the Jogorku Kenesh;
3. The Government.

Article 80

1. Bills shall be submitted to the Jogorku Kenesh.
2. The bills which were defined by the Government as urgent shall be considered by the Jogorku Kenesh as a matter of priority.
3. Bills that provide for increased expenditures to be covered from the state budget may be adopted by the Jogorku Kenesh after the Government has determined the source of funding.
4. The laws are passed by the Jogorku Kenesh in three readings.The laws and decisions shall be adopted by the Jogorku Kenesh by the majority of deputies in attendance but not less than 50 votes of the deputies of the Jogorku Kenesh unless the present Constitution provides otherwise.
5. Constitutional laws and laws altering state borders shall be adopted by the Jogorku Kenesh after not less than in three readings by not less than two-thirds of the total number of deputies of the Jogorku Kenesh.
6. The adoption of constitutional law and law altering state borders shall be prohibited during the state of emergency and martial law.

Article 81

1. A law adopted by the Jogorku Kenesh shall be sent within 14 days to the President for signature.
2. The President not later than one month after the receipt of the law, shall sign it or return it with his objections to the Jogorku Kenesh for re-examination. The laws on the republican budget and taxes shall be subject to mandatory signature except for requests of the Prime minister to return such laws without signing.
3. In the event that upon re-examination a constitutional law or a law shall be approved in its previous version by not less than two thirds of the total number of deputies of the Jogorku Kenesh, such law shall be signed by the President within 14 days since the date of receipt. In the event of failure to sign constitutional law or a law approved in its earlier version within the stipulated period of time, such law shall be signed by the Toraga of the Jogorku Kenesh not later than 10 days and shall be subject to publication.

Article 82

A law shall enter into force upon the expiry of ten days since its official publication in official media unless there is a contrary provision in the law itself or in the law on the procedure for its entry into force.