The Kyrgyz Republic

We, the People of the Kyrgyz Republic, aspiring to secure the national revival of the Kyrgyz, the protection and development of interests of representatives of all nationalities, who together with the Kyrgyz form the people of Kyrgyzstan, following our ancestors precepts to live in unity, peace and concord; confirming our adherence to human rights and freedoms and the idea of national statehood; filled with a determination to develop an economy, political and legal institutions and a culture which provide appropriate living standards for everyone; proclaiming our adherence to national ethnic traditions and to moral principles common to all mankind; desiring to establish ourselves among peoples of the world as a free and democratic civil society; through our authorized representatives, hereby adopt this Constitution.

                                                 Section One.
                                       GENERAL PRINCIPLES

Article 1
1. The Kyrgyz Republic (Kyrgyzstan) is a sovereign, unitary, democratic Republic, constructed on the basis of a legal secular state.

2. The sovereignty of the Kyrgyz Republic is not limited and shall extend throughout its territory.

3. The people of Kyrgyzstan are the holders of sovereignty and are the single source of state power in the Kyrgyz Republic.

4. The people of the Kyrgyz Republic exercise their power directly and through a system of state bodies on the basis of this Constitution and laws of the Kyrgyz Republic. Only the Jogorku Kenesh and the President of the Kyrgyz Republic elected by the People of the Kyrgyz Republic have the right to act on behalf of the People of the Kyrgyz Republic.

5. Amendments and supplements to the Constitution of the Kyrgyz Republic, the Laws of the Kyrgyz Republic, and other important matters of state life may be referred for a referendum (national vote). The grounds and procedure for holding a referendum shall be established by constitutional law.

6. Citizens of the Kyrgyz Republic elect the President, deputies of the Legislative Assembly of the Jogorku Kenesh and the Assembly of Peoples' Representatives of the Jogorku Kenesh and their representatives to bodies of local self-government. Elections shall be free and shall be held on the basis of universal equal and direct suffrage by secret ballot. Citizens who have attained the age of 18 are allowed to participate in elections.

Article 2
1. The State and its bodies shall serve the whole society, and not a particular group.

2. No separate group of people, no association, nor any individual person shall have the right to usurp power of the State. The usurpation of State Power shall be the gravest crime.

Article 3
1. The territory of the Kyrgyz Republic, within its existing boundaries, is inviolable and indivisible.

2. For purposes of governmental management, the territory of the Kyrgyz Republic is divided into administrative territorial units determined by law.

Article 4
1. In the Kyrgyz Republic, state, communal, private, and other forms of property shall be recognised and protected. The Kyrgyz Republic guarantees diversity of forms of property and their equal legal protection.

2. The land, its underlying resources, air space, forests, flora and fauna, and other natural resources in the Kyrgyz Republic shall be used as the basis of life and activity of people of Kyrgyztan and shall have special protection of the state.

3. The land may be in state, communal, private, or other type of property. Limits to and procedure for execution of rights by land owners and guarantees of their protection shall be set forth in law.

4. The Kyrgyz Republic shall protect the rights of ownership of its citizens and juridical persons to property, and also their property and ownership located within territories of other governments.

Article 5
1. The state language of the Kyrgyz Republic is the Kyrgyz language.

2. The Kyrgyz Republic guarantees the preservation, equal and free development and functioning of the Russian language and all the other languages used by the population of the Republic.

3. Infringement upon citizens= rights and freedoms based upon lack of knowledge or command of the state language is not permitted.

Article 6
The Kyrgyz Republic has state symbols - the State Flag, Emblem, and Anthem. The Capital of the Kyrgyz Republic is the City of Bishkek. The unit of currency of the Kyrgyz Republic is the Som.

                                                 Section two.
                  THE STRUCTURE AND ACTIVITIES OF THE STATE

Article 7
1. State power in the Kyrgyz Republic is based on the following principles:
  1. the supremacy of the power of the people, represented and ensured by the nationally elected head of the state, the President of the Kyrgyz Republic;
  2. division of state power into legislative, executive, and judicial branches, and their coordinated functions and interaction;
  3. the responsibility of state bodies to the people and execution by them of their authority on behalf of the people;
  4. differentiation between functions of state power and local self-government.

2. Within the bounds of authority created by this Constitution, the following represent and carry out state power in the Kyrgyz Republic:
  1. the President of the Kyrgyz Republic;
  2. the Jogorku Kenesh of the Kyrgyz Republic, comprised of two chambers: the Legislative Assembly of the Jogorku Kenesh and the Assembly of People's Representatives of the Jogorku Kenesh;
  3. the Pravitel'stvo of the Kyrgyz Republic and local state Administrations;
  4. the Constitutional Court, the Supreme Court, the Supreme Arbitration Court and the courts and judges of the justice system;
Article 8
1. In the Kyrgyz Republic political parties, trade unions and other public associations may be organized on the basis of free will and common interests. The State ensures the observation of rights and legal interests of public associations.

2. Political parties may participate in State affairs only in the following ways: by nominating their candidates for election to the Jogorku Kenesh, for state positions and for bodies of local self-government; by forming fractions in representative bodies;

3. Religion, all faiths, shall be separated from the State.

4. In the Kyrgyz Republic the following are not allowed: - the merger of State and party institutions, as well as subordination of State activity to party programs and decisions;
  1. the formation and activity of party organizations within state institutions and organizations; civil servants shall have the right to conduct party activities unrelated to their work activity;
  2. membership in parties and rendering support to any political party by those serving in the military, and by officials working in bodies of internal affairs, national security, justice, the procuracy and the courts;
  3. the creation of political parties on a religious basis. Religious organizations shall not pursue political goals and tasks;
  4. interference by members of religious organizations and sects with the activity of state bodies;
  5.  activities of political parties of other governments.
Article 9
1. The Kyrgyz Republic has no goals of expansion, aggression and territorial claims, which are to be resolved by military force. It rejects militarization of state life, the subordination of the state and its activity to purposes of war. The Armed Forces of the Kyrgyz Republic shall be formed in accordance with principles of self-defense and defensive sufficiency.

2. The right to initiate war shall not be acknowledged except in cases of aggression against Kyrgyzstan and other states bound by responsibilities for collective defense. In each instance, permission for military units of the Armed Forces to cross the borders of the Kyrgyz Republic shall be granted by decision of the Legislative Assembly to be adopted by no less than by two thirds of the total number of deputies.

3. The use of Armed Forces to resolve internal State political issues is prohibited. Military forces may be used to liquidate the aftermath of natural disasters and in other similar circumstances directly provided by the law.

4. The Kyrgyz Republic strives toward universal and just peace, mutually beneficial cooperation, resolution of global and regional problems by peaceful means, and shall observe the universally recognized principles of international law. Activities directed at disturbing the peaceful communal life of the people, propagandizing and igniting international strife are unconstitutional.

Article 10
1. A state of emergency in Kyrgyzstan may be imposed only in cases of natural disaster, direct threat to the constitutional structure, mass disorder accompanied by violence and threat to human life, according to circumstances and subject to time limits established by constitutional law.

2. A state of emergency throughout the Kyrgyz Republic may be imposed only by the Legislative Assembly, but for particular localities where circumstances demand urgent measures, by the President of the Kyrgyz Republic, with immediate, same daynotification to the Legislative Assembly which must confirm the act of the President within three days. In absence of such confirmation, the state of emergency is canceled.

3. Martial law in Kyrgyzstan may be introduced by the Legislative Assembly only in case of aggression against the Kyrgyz Republic.

4. Recess of a session of the Legislative Assembly is not allowed during a state of emergency or martial law. In the event that the Legislative Assembly is not in session, and a state of emergency already has been imposed by the President, the Legislative Assembly shall assemble without notice not later than the day after the state of emergency has been imposed.

5. During a period of a state of emergency or martial law, referenda or elections to state bodies and any changes in the structure, functions and authority of state bodies established by the Constitution are not permitted.

Article 11
1. The state budget of the Kyrgyz Republic consists of republican and local budgets and includes all expenditures and income of the state. The republican budget shall be approved by the Assembly of People's Representatives upon presentation by the Pravitel'stvo.

2. Income of the republican budget shall be raised from taxes established by law, other obligatory payments, revenue from state property and other receipts. A single tax system applies on the territory of the Kyrgyz Republic. The Jogorku Kenesh of the Kyrgyz Republic has the right to  establish taxes. Laws establishing new taxes and negatively affecting the condition of taxpayers shall not have retroactive force.

3. The Jogorku Kenesh has the right to establish non-budgetary targeted funds. Sources for contributions into non-budgetary funds may be attracted.

4. A report on implementation of the republican budget and extra-budgetary funds is to be approved by the Jogorku Kenesh.

Article 12
1. The Constitution shall have supreme legal force and direct application in the Kyrgyz Republic.

2. Laws and other normative acts are to be adopted on the basis of the Constitution.

3. Interstate treaties and other normatives of international law ratified by the Kyrgyz Republic are a constituent and directly  effective part of the Legislation of the Kyrgyz Republic.