Constitution

Kyrgyzstan 2010 Constitution (reviewed 2016)

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Table of Contents

SECTION V. EXECUTIVE POWER OF THE KYRGYZ REPUBLIC

Article 83

  1. Executive power in the Kyrgyz Republic shall be exercised by the Government, ministries subordinate to it, state committees, administrative departments and local state administrations.
  2. The Government shall be the highest body of executive power in the Kyrgyz Republic.
  3. The Government shall be headed by the Prime Minister. The Government shall consist of the Prime Minister, vice-prime ministers, ministers and chairpersons of state committees.The structure of the Government shall include ministries and state committees.

Article 84

  1. The faction which has more than one half of deputies’ mandates, or a coalition of factions with its participation within 25 days since the date of the first sitting of the Jogorku Kenesh of new convocation shall nominate a candidate for the office of the Prime Minister.The candidate for the office of the Prime Minister shall submit to the Jogorku Kenesh the program, structure and composition of the Government.
  2. In the event that before expiration of the above time period the Jogorku Kenesh fails to approve the program, define the structure and composition of the Government or in case based on the results of the elections neither party shall get more than one half of deputies’ mandates, then the President shall propose to one of factions to create parliamentary majority within 25 working days and nominate the candidate for the office of the Prime minister.The candidate for the office of the Prime Minister shall submit to the Jogorku Kenesh the program, structure and composition of the Government before expiration of the above time period.
  3. In the event that before expiration of the above time period the Jogorku Kenesh fails to approve the program, define the structure and composition of the Government then the President shall propose to the second faction to create parliamentary majority within 15 working days and nominate the candidate for the office of the Prime minister.The candidate for the office of the Prime Minister shall submit to the Jogorku Kenesh the program, structure and composition of the Government before expiration of the above time period.
  4. In the event that before expiration of the above time period the Jogorku Kenesh fails to approve the program, define the structure and composition of the Government, then the factions at their own initiative shall create parliamentary majority within 15 working days and nominate the candidate for the office of the Prime minister.The candidate for the office of the Prime Minister shall submit to the Jogorku Kenesh the program, structure and composition of the Government before expiration of the above time period.
  5. The President within 3 days period shall issue a decree on the appointment of the Prime minister and other members of the Government.In the event that the President fails to issue the decree on appointment of the Prime minister and members of the Government within the above time period, they shall be deemed appointed.
  6. In the event of failure to approve the program, define the structure and composition of the Government in accordance with the procedures envisaged in the present Constitution, the President shall call for early elections to the Jogorku Kenesh. In such case the Government shall exercise its functions until the new convocation of the Jogorku Kenesh forms a new Government pursuant the procedures envisaged in the present Constitution.
  7. In the event that a coalition of factions loses the status of the parliamentary majority, the Government shall resign and a new government shall be created in accordance with procedures and within the time periods envisaged in the present article. Before the formation of the new composition of the Government the Prime minister and the members of the Government shall continue to exercise their duties.

Article 85

  1. The Government shall be responsible and accountable to the Jogorku Kenesh within the limits stipulated in the present Constitution.
  2. The Prime Minister shall present an annual report on the work of the Government to the Jogorku Kenesh.
  3. The Jogorku Kenesh may consider the issue of no confidence in the Government at the initiative of one-third of the total number of deputies of the Jogorku Kenesh.
  4. The resolution on no confidence in the Government shall be adopted by the majority of the total number of deputies of the Jogorku Kenesh.
  5. The issue of no confidence in the Government may not be considered by the Jogorku Kenesh the six months prior to the next presidential elections.
  6. Following the expression of no confidence in the Government, the President shall be entitled to either take a decision on the dismissal of the Government or disagree with the decision of the Jogorku Kenesh.
  7. In the event that within three months the Jogorku Kenesh repeatedly adopts the decision expressing no confidence in the Government, the President shall dismiss the Government.

Article 86

  1. No more than twice a year, the Prime minister may ask the Jogorku Kenesh for vote of confidence in the Government. Should the Jogorku Kenesh refuse to express confidence in the Government, within five working days the President shall either take the decision to dismiss the Government or to call early elections to Jogorku Kenesh.
  2. In the event of dismissal, the Government shall continue to exercise its powers until the formation of the new composition of the Government in accordance with the procedures and within the time period envisaged in the present Constitution.

Article 87

  1. The Government is considered to have resigned from the first sitting of the Jogorku Kenesh of the new convocation.The Prime Minister, the Government or an individual member of the Government shall have the right to submit the resignation, which shall be accepted or rejected by the President.
  2. Acceptance of the resignation of the Prime Minister shall result in the resignation of the Government.
  3. Before the formation of the Government the Prime minister and the members of the Government shall continue to perform their duties.
  4. In the event of resignation of the Government, the new composition of the Government shall be formed in accordance with the procedures and within the time period envisaged in the present Constitution. The countdown of time for the President to submit the candidate for the appointment to the office of the Prime minister shall commence since the day of acceptance of the resignation of the Prime minister or the Government by the President.
  5. A member of the Government, with the exception of members of the Government heading state agencies in charge of issues of defense and national security, may be dismissed upon submission of the Prime minister. In the event that within 5 working days since the day of receipt of such submission the President does not issue a decree on the dismissal of the member of the Government, the Prime minister upon consultation with the faction leaders of the parliamentary majority shall have the right to dismiss the member of the Government by his/her own decision.In case of resignation or dismissal of a member of the Government the Prime minister shall within 5 working days submit to the Jogorku Kenesh a candidate for the vacant position. The candidate approved by the Jogorku Kenesh shall be appointed by the President to the relevant position of the member of the Government. In the event that within 3 working days since the receipt of the decision of the Jogorku Kenesh to approve the candidate the President fails to issue a decree on the appointment of the member of the Government, such member shall be deemed appointed.

Article 88

  1. The Government:
    1. shall ensure the implementation of the Constitution and laws;
    2. shall implement domestic and foreign policy of the state;
    3. shall take measures to ensure law and order, rights and freedoms of citizens, protecting public order and combating crime;
    4. shall ensure the implementation of measures aimed at protecting the sovereignty of the state; territorial integrity, protection of the constitutional order, as well as measures to strengthen defense capacity, national security and law and order;
    5. shall ensure the implementation of financial, pricing, tariff, investment and tax policy;
    6. shall draft and submit to the Jogorku Kenesh the republican budget as well as takes measures for its execution; shall present to the Jogorku Kenesh the report on the execution of the republican budget;
    7. shall take measures to secure equal conditions for development of all forms of property and their protection and to manage the objects of public property;
    8. shall ensure the implementation of a unified state policy in the socio-economic and cultural areas;
    9. shall develop and implement nation wide programs of economic, social, scientific and technical as well as cultural development;
    10. shall ensure the implementation of foreign economic activity;
    11. shall ensure the interaction with the civil society;
    12. shall exercise other powers assigned to it in accordance with the Constitution and laws.
  2. The organization and procedures of the Government shall be established in the constitutional law.

Article 89

The Prime minister:

  1. shall manage the work of the Government, bear personal responsibility for its performance towards the Jogorku Kenesh;
  2. shall ensure the implementation of the Constitution and laws by all agencies of the executive power;
  3. shall conduct negotiations and sign international treaties;
  4. shall conduct the meetings of the Government;
  5. shall sign the resolutions and orders of the Government; ensures their implementation;
  6. shall appoint and dismiss the heads of administrative agencies;
  7. shall appoint and dismiss the heads of local public administrations;
  8. shall exercises other powers envisaged in the present Constitution and laws.

Article 90

  1. On the basis of and pursuant the Constitution and laws the Government shall issue resolutions and orders, and shall ensure their implementation.
  2. The resolutions and orders of the Government shall be mandatory for implementation throughout the territory of the Kyrgyz Republic.
  3. The Government shall manage the activity of the ministries, state committees, administrative agencies as well as local state administrations.
  4. The Government shall have the right to repeal acts of ministries, state committees and administrative agencies.

Article 91

  1. Executive power on the territory of a given administrative territorial unit shall be exercised by the local state administration.Heads of local state administrations are appointed and dismissed from office in accordance with the procedure established by law.
  2. The organization and activities of local state administration shall be defined by law.

Article 92

  1. Local state administrations shall act on the basis of the Constitution, laws and regulatory legal acts of the Government.
  2. Decisions of local state administrations, taken within the limits of their competence, shall be binding on the corresponding territory.

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