Courts and Justice

Article 79
1. Justice in the Kyrgyz Republic is administered only by the court.

2. The Courts of the Kyrgyz Republic are the Constitutional Court of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic, the Supreme Arbitration Court of the Kyrgyz Republic, local courts (oblast courts, courts of the City of Bishkek, courts of rayons, cities, arbitration courts of oblasts and the city of Bishkek, military courts). The creation and founding of extraordinary, special courts and the position of judges is not allowed.

3. The status of courts and judges in the Kyrgyz Republic is specified by Constitutional laws. The organization and procedure for activity of the courts is specified by law.

4. A Judge is subordinated only to the Constitution and to the law. Judges shall enjoy the right of inviolability and immunity; a judge, in accordance with his status, is ensured social, material and other guarantees of his independence.

Article 80
1. A citizen of the Kyrgyz Republic who is not younger than 35 years of age and no older 70 years of age and who has an advanced legal education and no less than 10 years of experience in the legal profession may be a judge of the Constitutional Court, the Supreme Court or the Supreme Arbitration Court of the Kyrgyz Republic. Judges of the Constitutional court of the Kyrgyz Republic are elected by the Legislative Assembly and the Assembly of People's Representatives upon nomination by the President of the Kyrgyz Republic for a term of 15 years. Judges of the Supreme Court and the Supreme Arbitration Court of the Kyrgyz Republic are elected by the Assembly of People's Representatives upon nomination by the President of the Kyrgyz Republic for a term of 10 years.

2. A citizen of the Kyrgyz Republic not older than 65 years of age who has a higher legal education and a record of service in his specialty for no less than 5 years may serve as a judge of a local court. Judges of local courts are appointed by the President of the Kyrgyz Republic the first time for a term of 3 years, and the next time for a term of 7 years.

Article 81
1. Judges are removed from office on the basis of health, by their own request, for commission of a crime where there is a conviction of a court in force and for other reasons specified by law. Judges of local courts also may be relieved from their offices of the basis of results of attestation.

2. Judges of the Constitutional Court of the Kyrgyz Republic may be dismissed from their office upon the petition of the President of the Kyrgyz Republic by a majority vote of no fewer than two-thirds of the total number of deputies of each of the chambers of the Jogorku Kenesh of the Kyrgyz Republic.

3. Judges of the Supreme Court and the Supreme Arbitration Courts may be relieved from their office on the petition of the President of the Kyrgyz Republic by a majority vote of no fewer than two-thirds of the total number of deputies of the Assembly of People's Representatives.

Article 82
1. The Constitutional Court is the highest body of judicial power for protection of the Constitution of the Kyrgyz Republic.

2. The Constitutional Court consists of the Chairman, the Deputy Chairman and seven judges of the Constitutional Court.

3. The Constitutional Court:
  1. declares laws and other normative legal acts unconstitutional if they contradict the Constitution;
  2. decides disputes concerning the effect, use and interpretation of the Constitution;
  3. determines the validity of elections of the President of the Kyrgyz Republic;
  4. issues a determination concerning the removal from office of the President of the Kyrgyz Republic as well as judges of the  Constitutional Court, the Supreme Court and the Supreme Arbitration Court of the Kyrgyz Republic;
  5. gives its consent to the criminal prosecution of judges of local courts;
  6. issues a determination concerning issues about amendments and alterations to the Constitution of the Kyrgyz Republic;
  7. annuls the decisions of bodies of local self-government which  contradict the Constitution of the Kyrgyz Republic;
  8. renders a decision concerning the constitutionality of practices concerning the application of laws which affect the constitutional rights of citizens.
4. The decision of the Constitutional Court is final and no appeal is allowed. The determination of the unconstitutionality of laws and other acts by the Constitutional Court annuls their application on the territory of the Kyrgyz Republic and also cancels the effect of other normative and other acts based on the act determined to be unconstitutional.

Article 83
1. The Supreme Court of the Kyrgyz Republic is the highest body of judicial power in the sphere of civil, criminal and administrative legal proceedings.

2. The Supreme Court of the Kyrgyz Republic oversees the judicial activity of the oblast, City of Bishkek, rayon, municipal and military courts of the Kyrgyz Republic.

Article 84
1. The Supreme Arbitration Court of the Kyrgyz Republic and arbitration courts of oblasts and the City of Bishkek form a unified system of arbitration courts of the Kyrgyz Republic.

2. Arbitration courts settle economic disputes arising in the economic sphere and in the process of its management of disputes between business entities based on different forms of ownership.

3. The Supreme Arbitration Court of the Kyrgyz Republic oversees judicial activities of arbitration courts in oblasts and in the City of Bishkek.

Article 85
1. Pursuant to a decision of a gathering of citizens, local keneshes, or other representative body of local self-government in villages, settlements and towns, aksakal courts (courts of elders) may be organized from elders or other citizens who enjoy respect and authority.

2. Courts of elders consider property, family disputes and any  other matters allowed by law which are submitted to them for review by agreement of the parties with the aim of reaching reconciliation by the parties and delivery of a just verdict which does not contradict law.

3. Decisions of courts of elders and courts of arbitration may be appealed to the corresponding rayon and municipal courts of the Kyrgyz Republic.

Article 86
1. Decisions of the courts of the Kyrgyz Republic which are in effects are binding for all state bodies, entities conducting economic activities, public associations, state officials and citizens and are enforceable throughout of the Kyrgyz Republic.

2. Failure to implement a court decision in legal force and also interference with the activities of courts results in the responsibility established by Law.

Article 87
1. The court does not have the right to apply a normative act which contradicts the Constitution of the Kyrgyz Republic.

2. If during consideration of a case in any court matter there arises an issue about the constitutionality of the law or other act, on which determination of the case rests, the court shall send an inquiry to the Constitutional Court of the Kyrgyz Republic.

Article 88
1. In the event of a public or other accusation, a citizen has the right to defend his dignity and right in court; under no circumstance shall he be denied such court protection.

2. [The right of] Defense is an inalienable right of a person at any stage of review of a judicial matter. In case of a citizen's lack of a financial means, legal assistance and defense is ensured to him at the expense of the State.

3. In court, every participant in the legal process shall have the right to be heard.

Article 89  
1. The burden of proving guilt in criminal and administrative cases is on the accuser.

2. Evidence obtained in violation of the law shall be considered non-existent and reference to it in court is not allowed.

Article 90
Principles of justice established by this Constitution are general and unified for all courts and judges of the Kyrgyz Republic.