Assessment of Parliamentary Legislative Drafting Process in the

09

KYRGYZSTAN PARLIAMENTARY STRENGTHENING PROGRAM (KPSP)

ASSESSMENT OF PARLIAMENTARY LEGISLATIVE DRAFTING PROCESS IN THE KYRGYZ REPUBLIC

OCTOBER 2011

This publication was produced for review by the United States Agency for International Development. It was prepared by Development Alternatives, Inc. (DAI).

KYRGYZSTAN PARLIAMENTARY STRENGTHENING PROGRAM (KPSP) ASSESSMENT OF PARLIAMENTARY LEGISLATIVE DRAFTING PROCESS IN THE KYRGYZ REPUBLIC Contract No. AID-176-C-10-00003 Development Alternatives, Inc. (DAI) 7600 Wisconsin Avenue, Suite 200 Bethesda, MD 20814

TABLE OF CONTENTS

The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

TABLE OF CONTENTS

Executive Summary .............................................................................................................................. 1

Assessment Overview ........................................................................................................................... 2

Review of Current Laws ....................................................................................................................... 4

Legislative Drafting Stages .................................................................................................................. 10

Analysis of Current Process ................................................................................................................. 14

Recommendations ................................................................................................................................ 20

Annex #1 (Meetings in Bishkek, Kyrgyzstan) ..................................................................................... 22

Annex #2 (Laws Requiring Constitutional Reconciliation) ................................................................ 23

Annex #3 (Legislative Drafting Workflow) ........................................................................................ 26

Annex #4 (Monthly Jogorku Kenesh Calendar) ................................................................................. 27

PAGE 1 EXECUTIVE SUMMARY

CHAPTER ONE: EXECUTIVE SUMMARY

The purpose of this assessment is to describe the process by which legislation is

developed in the Kyrgyz Republic. The assessment subsequently includes

several recommendations for changes and interventions that may improve the

quality of the process and its resulting policies. One major recommendation is

the development of an electronic system for the management of legislation and

related documents. This proposal is described in detail in the accompanying

USAID report, Recommendations for Electronic Legislation Tracking System.

This assessment is organized into six chapters. Following this executive

summary, Chapter Two contains a brief summary of the political, legislative and

legal context in the Kyrgyz Republic. Chapter Three reviews the laws and

related documents of the Kyrgyz Republic that govern the legislative process

(including some draft laws, the Kyrgyz Constitution, the Law on Government,

the Law on Normative Legal Acts, the Law on Rules of Procedure of the Jogorku

Kenesh, and the manual on legislative drafting approved by the Jogorku Kenesh).

Chapter Four describes the steps and institutional actors in developing and

passing legislation. Chapter Five evaluates the strengths and weaknesses of the

process and discusses some related issues (including the lack of coordination and

planning between the Jogorku Kenesh and the Government, the problems

introduced by the four mandatory expert examinations, the weakness of legal

drafting skills, an excessive reliance on Russian legislation and legislative

experience, the inconsistencies between Russian language and Kyrgyz language texts, and the possible role of a Central Legislative Drafting Agency). Finally,

Chapter Six provides the main recommendations.

PAGE 2 ASSESSMENT OVERVIEW

CHAPTER TWO: ASSESSMENT OVERVIEW

A. Project Identification

In an effort to improve the legislative drafting process in the Jogorku Kenesh of the

Kyrgyz Republic, the USAID-funded Kyrgyzstan Parliamentary Strengthening Program

(KPSP) performed an assessment of current legislative drafting process and related

methodologies.

B. Project Context The Kyrgyzstan Parliamentary Strengthening Program (KPSP) is funded by the United

States Agency for International Development (USAID) and implemented by DAI. The

main objective of the KPSP is to contribute to the continuation of the democratic process

in the Kyrgyz Republic by supporting the efforts of the Parliament to become an

effective, constructive, transparent, and well-managed institution. KPSP’s program

objectives are closely linked with the Good Governance – Legislative Function and

Processes area and element of USAID’s Strategic Framework for Foreign Assistance.

To help achieve its objective, KPSP is guided by the following principles, which reflect

lessons learned from previous parliamentary programs in the Kyrgyz Republic and

elsewhere:

• Maintain a demand-driven design that continually elicits requests from the

Parliament itself regarding priorities for assistance and their overall needs;

• Preserve the Program’s status as a nonpartisan advocate for the Parliament as an

institution rather than being an advocate for particular interests;

• Coordinate activities with other donors and implementers who are working in the

Parliament or whose sectorial work intersects with the objective of strengthening

the Parliament;

• Allow the Parliament to take ownership over events and activities initiated by the

project; and

• Be flexible in implementation and continually cognizant of the changing and

often volatile political environment.

KPSP program activities are organized into four components:

1. Legislative Process -- KPSP support in this area is focused on the legislative

process and legal concepts and avoids any advocacy -- or the perception of

advocacy -- on the substance of policy issues. The primary counterpart for this

component is the Legal Department;

2. Committee Strengthening -- KPSP support in this component is targeted at MPs;

understanding that engaging MPs can be difficult and politically sensitive. KPSP

works with MPs and staff to request input from civil society where possible, for

example in committee hearings;

3. Communication and Information -- KPSP support in this area is targeted and

designed to build on the work being done by UNDP. It focuses on assisting the

Press Office to inform the public of the daily activities of their elected

representatives;

4. Parliamentary Management and Leadership -- KPSP assistance in this

component is targeted at parliamentary leadership and the HR Department to

create a more professionally run organization and build its capacity to train

parliamentary staff in the technical skills needed to be more effective.

PAGE 3 ASSESSMENT OVERVIEW

C. Assessment Approach This assessment was primarily authored by Anna S. Thorpe, KPSP consultant. Ms.

Thorpe interviewed representatives of relevant departments and divisions within the

Jogorku Kenesh, as well as Jogorku Kenesh MPs. Extensive interviews and

conversations helped to determine the current role and responsibility of these key

stakeholders in the legislative drafting process.1 Kregg Halstead, KPSP Chief of Party,

took part in numerous meetings, outlined general guidelines, made suggestions and

recommendations, and provided valuable comments. Jenishbek Arzymatov, KPSP Senior

Program Officer, prepared the agenda, organized meetings, participated in conducting

interviews, and assisted in preparation of the assessment.

It should also be noted that all interviews, consultations, and reviews of laws were

conducted in Russian with translation to English performed after the fact. Russian

sometimes uses redundant word combinations or word combinations that are clumsy to translate to English. Therefore, an effort has been made to use terms that most closely

reflect the original meaning and which are commonly understood in English when

translated from Russian or Kyrgyz. For example, this report uses the term “draft law”

instead of “bill,” which is commonly used in the United States.

D. Political Context Following the 2010 events, the Jogorku Kenesh is currently attempting to form the first

parliamentary democracy in Central Asia, a region dominated by post-Soviet strongmen.

President Bakiyev was ousted in April 2010 in violent public demonstrations over

stagnant living standards and corruption. A year of political turbulence and ethnic

violence followed, further destabilized the country and sending shockwaves across the

region.

A national referendum on the adoption of a new constitution and presidential elections

was held in June 2010, with the new constitution shifting many of the powers formerly

held by the President to the Parliament. Under the new rules, the Jogorku Kenesh has

become the country's main decision-making body, with substantial involvement in the

legislative drafting process.

Since the Jogorku Kenesh accepted the declaration of independence of the Kyrgyz

Republic on 31 August 1991, numerous laws have been enacted that reflect political and economic changes. During this time, the legislative drafting process in the Jogorku

Kenesh has remained an inefficient process. New laws and regulations lack clear,

precise, and consistent language and definitions, and often conflict with existing legal

framework. The legislative drafting process in the Jogorku Kenesh has encountered

problems that were similar to that of other transitional economies. The Kyrgyz

Republic’s recent shift from a presidential republic to a traditional parliamentary system

requires the Jogorku Kenesh to become substantially involved in the legislative drafting process.

1 A list of meetings held between 18-29 April 2011 in Bishkek, Kyrgyzstan may be found in annex #1 to this assessment.

PAGE 4 REVIEW OF CURRENT LAWS

CHAPTER THREE: REVIEW OF CURRENT LAWS

This chapter reviews the current laws of the Jogorku Kenesh that govern the legislative

drafting process. In general, a concept for a new law is first formulated, then the concept

becomes the basis for proposed legislation (a draft law), the draft law is introduced to the

Jogorku Kenesh, three hearings then take place, and ultimately it emerges as an enacted

law after the Jogorku Kenesh passes it and the President signs it (with a few exceptions).

The list of reviewed laws includes:

1. The Kyrgyz Constitution adopted by public referendum on 27 June 2010;

2. The Constitutional Law of the Kyrgyz Republic on the Executive Branch of 15

January 2007 with amendments of 20 March 2008 and 11 May 2009;

3. The Law of the Kyrgyz Republic on Normative Legal Acts of 20 July 2009;

4. The Law of the Kyrgyz Republic on the Rules of Procedure of the Jogorku Kenesh

of 17 January 2006 (with later amendments);

5. Instruction Manual on Legislative Drafting Techniques approved by the Jogorku

Kenesh on 08 May 2006.

The KPSP also reviewed several drafts of laws and regulations provided by the KPSP,

including:

6. The draft Law of the Kyrgyz Republic on the Rules of Procedure of the Jogorku Kenesh

of 22 March 2011 (to be introduced into the Jogorku Kenesh);

7. The draft Regulation on the Legal Department of the Apparatus (Administrative

Office) of the Jogorku Kenesh (dated 2011);

8. The draft Regulation on the Department of Draft Law Expertise of the Apparatus

(Administrative Office) of the Jogorku Kenesh (dated 2011).

A. The Kyrgyz Constitution The new Constitution of the Kyrgyz Republic was adopted by a public referendum on

27 June 2010. Chapter 3 (Articles 79-82) of the new Constitution establish basic

provisions for the legislative drafting process.2 Article 79 specifically grants the right of

legislative initiative3 to:

• 10,000 voters (people’s initiative);

• Jogorku Kenesh MPs;

• the Prime Minister.

This represents a change from the previous Constitution of the Kyrgyz Republic dated 05 May 1993, which granted the right of legislative initiative to:

• the President of the Kyrgyz Republic;

• 30,000 electorate;

• Jogorku Kenesh MPs;

• the executive branch.

2 This review is limited only to provisions in the new Constitution relating to the legislative drafting process.

3 The right of legislative initiative is the constitutionally defined power to propose new draft laws. The right of legislative

initiative is usually legally vested in parliaments, which in most countries have the right to propose draft laws alone or in

tandem with the executive branch.


The process by which draft laws are introduced in the Jogorku Kenesh is drawn from

Article 80(1) of the new Constitution. The Jogorku Kenesh is required to employ a “three

hearings” system, in which a proposed draft law is considered and voted on three times,

usually with opportunity for amendments between hearings.4 A draft law is required to

get a majority vote of Members of Parliament present at the hearing, with a minimum of 50 votes.5 Constitutional laws and laws that change state borders are exceptions to this

rule. These require approval of at least two-thirds of Members of Parliament (a qualified

majority). A draft law that gets the required number of votes during all the three hearings

becomes a “passed law.”

Within 14 days, the passed law must be sent to the Kyrgyz President for signing.6 Within

one month of the date that the President receives a passed law, he/she must either sign it

or return it to the Jogorku Kenesh with his/her objections. Laws on the national budget

and taxes are an exception to these Presidential rights, as the President is required to sign

these laws.7 Therefore, under the new Constitution, the President has a limited veto.

If the President sends a passed law back to the Jogorku Kenesh without his/her signature,

and the Jogorku Kenesh passes the law a second time without amendment with a vote of

at least two-thirds of Members of Parliament, the President is required to sign the law

within 14 days. If the President fails to sign a constitutional law or a law that has been

passed twice within 14 days, the Speaker of the Jogorku Kenesh has 10 days to sign the

law, and then the law is published.8 A passed and signed law becomes an enacted law

within 10 days of the date of its publication in the official publishing agency, unless the

law itself provides for a different effective date.9

Several Members of Parliament, parliamentary staff, state officials, and local legal

scholars expressed concerns about the quality of the language in the text of the new

Constitution. The document was drafted in Russian (the official language) and then

translated into Kyrgyz (the state language), yet the wording of several provisions in

Kyrgyz is not identical to that in Russian. Translation is also an issue with other legal

documents, as discussed in Chapter Five of this assessment.

Another concern is the slow pace at which old existing laws are being reconciled with the

new Constitution. There has been some limited progress in amending laws that deal with

powers of the executive branch and powers of the President, but there are still at least 24

laws that urgently require amending. In addition, some experts believe that many

Presidential Decrees are in conflict with the new Constitution. (A list of laws requiring

amending can be found in the Annex of this assessment.) Some observers suggest that

Members of Parliament have little interest in amending old laws, either because there is

more political reward in drafting new laws or because they wish to undermine the process

of constitutional change.

4 Kyrgyz Constitution, Article 80(4).





9 Kyrgyz Constitution, Article 82.


B. The Constitutional Law of the Kyrgyz Republic on the Executive Branch The Constitutional Law of the Kyrgyz Republic on the Executive Branch (“the

Constitutional Law”) of 15 January 2007 (with amendments of 20 March 2008 and 11

May 2009) contains basic provisions relating to the role of the state in the legislative

drafting process. In case of a conflict between a provision in the Constitutional Law and

a provision in the new Constitution, the provision of the new Constitution applies.10

The

Constitutional Law is the most important law requiring amending. Thus, provisions of

the Constitutional Law that are discussed herein are in flux in terms of needing

amendment. However, the substantive content of the law relating to the role of the

Government in the legislative drafting process will likely remain without much change.

That said, the basic provisions relating to the role of the Government in the legislative

drafting process in the Constitutional Law and the new Constitution do not generally

conflict.

The Government carries out its right of legislative initiative through drafting laws that are introduced in the Jogorku Kenesh. The Government approves a legislative drafting plan

annually.11 Draft laws included in this legislative drafting plan are considered “planned

laws,” while the Government can also introduce laws that were not originally included in

the legislative drafting plan (“unplanned laws”). The Government also takes part in the

legislative process via granting approval to certain categories of laws including (i) a draft

law introducing amendments to an existing law affecting the state budget, (ii) a draft law

introducing new taxes, abolishing existing taxes, or introducing tax holidays, (iii) a draft

law that may change financial obligations of the state, or (iv) a draft law increasing

expenditures in the state budget or limiting state income.12

Article 29 of the Constitution Law establishes important requirements of a draft law that

include rules relating to its integrity and goals, major justifications for the need for a new

law, and financial-economic analysis if implementing the new law will require additional

funding and other expenditures. When a draft law recommends changes to other laws, the

Constitutional Law mandates that proposed amendments to other laws accompany the

draft law.13 This requirement comes at an early stage in the legislative drafting process,

and it is aimed at avoiding the drafting of conflicting laws.

C. Law on Normative Legal Acts The Law of the Kyrgyz Republic on Normative Legal Acts of 20 July 2009 is the law that

establishes basic requirements to legal drafting techniques.14

The law also provides a

definition of a legal normative act and establishes the types of legal normative acts and

their hierarchy. Finally, the law defines basic rules as to how normative legal acts are

drafted, passed, and published.15

10

Law on Normative Legal Acts, Article 6(2).

11 The Constitutional Law, Article 28. 12

The Constitutional Law, Article 28. 13

The Constitutional Law, Article 29.

14 The Law on Normative Legal Acts may be amended in the near future. It is on the list of laws with priority to be

amended first. Thus, provisions of the Law on Normative Legal Acts that are addressed in this assessment may ultimately

be revised.

15 Law on Normative Legal Acts, Article 1(1).


In case of a conflict between a provision in the Law on Normative Legal Acts and a

provision in the Constitution, the provision in the Constitution applies.16 However, there

is currently some confusion about how this applies to the rules in Article 1(2) of the Law

on Normative Legal Acts, which require that provisions of other laws related to normative

acts comply first with the Law on Normative Legal Acts rather than the Constitution. Furthermore, it is unclear which laws apply when there is a conflict between the Law on

Normative Legal Acts and other laws. It is implied that the Law on Normative Legal

Acts only applies to laws and normative legal acts but not to the Constitution, laws that

amend the Constitution, or constitutional laws or codes.17

The Law also covers the

following topics:

1. Article 4 defines normative legal acts as the following:

(i) the Constitution;

(ii) a constitutional law;

(iii) a code;

(iv) a law;

(v) a decree of the President; (vi) a resolution of the Jogorku Kenesh;

(vii) a resolution of the Government;

(viii) a resolution of the National Bank;

(ix) a resolution of the Central Elections Commission;

(x) a resolution of a representative body of local self-government.

2. Article 5 identifies state parties capable of issuing normative legal acts as the following:

(i) the President;

(ii) the Jogorku Kenesh;

(iii) the Government;

(iv) the National Bank; (v) the Central Elections Commission;

(vi) a representative body of local self-government.

3. Articles 4 and 6 provide the hierarchy of laws, beginning with the Constitution and

laws amending or changing the Constitution. Decrees of the President are normative

legal acts of a higher order than resolutions of the Jogorku Kenesh (which are distinct

from laws passed by the Jogorku Kenesh). The relational hierarchy between decrees of the Presidential and resolutions of the Jogorku Kenesh is subject to change by the

newly amended law.

4. Article 6(2) mandates that a normative legal act of a lower level should not be in

conflict with a normative legal act of a higher level. However, the law does not

directly answer the question as to which law applies in case of a conflict. Based on

the strict hierarchy of laws in Article 6(1) of the Law on Normative Acts, one can

assume that in cases of conflict between a provision of a normative legal act of a

lower level and one of a higher level, the normative legal act of the higher level

prevails.

5. Article 6(3) establishes a rule on the governing language. In case of a conflict

between a version in Kyrgyz and in Russian, the version in Kyrgyz prevails. As

16




noted elsewhere, issues regarding translation have created some ambiguities in the

law and its implementation.

6. Article 18 mandates that the Government approve a legislative drafting workplan and

that the plan be approved on a yearly basis.

7. Article 20 requires that draft laws relating to human rights protection, gender,

anti-corruption, and ecological protection be subject to legal analysis by four separate

experts.

8. Articles 22-23 contain rules aimed at increasing public involvement in the legislative

drafting process. The rules intend to make the legislative drafting process more

transparent. These rules include the requirement to publish proposed draft laws that

regulate commercial activity or post them online.

D. Law of the Kyrgyz Republic on the Rules of Procedure of the Jogorku Kenesh The Law of the Kyrgyz Republic on the Rules of Procedure of the Jogorku Kenesh (“the

JK Rules of Procedure”) of 03 January 2005 (with later amendments) is a complex and

detailed law that contains provisions relating to the powers and law-making process of the

Jogorku Kenesh. The JK Rules of Procedure define the structure of the Jogorku Kenesh

and its internal bodies.18

It also establishes hearing procedures19

and legislative

procedures.20 Aspects of the JK Rules of Procedure most relevant to this assessment

include:

• Article 103 of the JK Rules of Procedure mandates that Jogorku Kenesh

committees must approve a draft law before it is presented to the Jogorku Kenesh

plenary session.

• Article 80(4) of the Constitution requires that the Jogorku Kenesh employ a

“three hearings system.” However, Article 103 of the JK Rules of Procedure

allows less than three hearings to take place under some circumstances. The

hierarchy of laws suggests that the Constitution should take precedence in the

case of a conflict, but it appears that the Jogorku Kenesh is presently following

the requirements of the JK Rules of Procedure.

• Article 104(1) of the JK Rules of Procedure requires that a draft law be approved

by the Legal Department of the Jogorku Kenesh before it is scheduled to be heard

in the first hearing.

• Basic content of a draft law and whether a law on the subject is needed are

debated during the first hearing, as well as the concept of a draft law that is

subject to evaluation21

(Jogorku Kenesh committees may submit alternative

concepts of a draft law22

).

18

JK Rules of Procedure, Chapters 3-5. 19

JK Rules of Procedure, Chapter 6-13.

20 JK Rules of Procedure, Chapters 14-15.

21 JK Rules of Procedure, Article 104(2).

22 JK Rules of Procedure, Article 104(4).


• Debate is followed by a vote.23

There may be several options for a resolution

including (i) passing the draft law in the first hearing and continuing to work on it

to incorporate amendments proposed by Members of Parliament, (ii) returning a

draft law to the leading committee for additional review, or (iii) passing the draft

law as proposed.

E. Manual on Legislative Drafting Techniques The Manual on Legislative Drafting Techniques supplements the Law on Normative

Legal Acts. It was approved by a resolution of the Jogorku Kenesh on 08 June 2006. The

manual is an internal non-binding document. The manual mostly repeats provisions of

the Law on Normative Legal Acts, although the wording is not identical. Subsequently,

repeated content is of little added value. It is recommended that the Law on Normative

Legal Acts be amended to improve legal drafting techniques. If that is not feasible, it

may be possible to revise or draft a new manual on legislative drafting techniques to be

approved by a resolution of the Jogorku Kenesh.

23

JK Rules of Procedure, Article 105.

PAGE 10 LEGISLATIVE DRAFTING STAGES

CHAPTER FOUR: LEGISLATIVE DRAFTING STAGES

This section addresses how a draft law becomes an official, enacted law. Annex #3 to

this assessment includes a diagram illustrating the following process:

1. one of the initiating bodies develops a concept for a new law;

2. the concept is the basis for a draft law that is introduced to the Jogorku Kenesh;

3. the Jogorku Kenesh considers the newly proposed draft law;

4. three hearings are held;

5. the Jogorku Kenesh votes and passes the law;

6. the President signs the passed law within one month of the date that he/she

receives it;

7. the law is published and becomes an enacted law after 10 days of its official

publication or within the terms established by the law itself.

This process becomes more complicated if the President does not sign the law. The

President can return a draft law to the Jogorku Kenesh with his/her objections for a

second vote. The President may also choose not to sign a law passed by the Jogorku Kenesh. The Constitution establishes these mechanisms and contingencies.24

A. The Concept of a Law The legislative drafting process in the Kyrgyz Republic usually starts with the

development of a concept.25

In many countries of the former Soviet Union, a concept is a

document that describes the proposed law with some detail and is the mandatory starting

stage of the legislative drafting process. For example, in Russia, the federal government

approves a concept of a newly proposed law in the form of a special resolution, and draft

laws are not introduced unless they have received this initial approval. This is common in

many developing countries. This is a sound tradition, whether mandated by law or not.

Starting the legislative drafting process with a detailed description of the proposed law

helps to provide the shape and substance of the policy and, in theory, allows better-

informed debate over the proposal, both within the Parliament and among the public.

B. Consideration of Proposed Draft Law The Law on Government mandates that the Government issue a legislative drafting work plan on a yearly basis. The plan is formed based on proposals from Government

ministries and department identifying gaps in existing laws and/or methods for improving

existing laws. Draft laws included in the legislative drafting plan are called “planned

laws.” The Government can also propose laws that were not included in the legislative

drafting plan (called “unplanned laws”). In March 2011, the Government approved an

annual legislative drafting work plan that included 101 draft laws to be introduced in the

upcoming legislative year.

Within the Government, draft laws can be prepared either by individual ministries or

other state bodies, but the Ministry of Justice is the lead agency that coordinates the legal

drafting process. A unit within the Ministry of Justice specializes in preparing draft laws.

In the past, it was only involved in drafting laws considered "important," but it is now the

central point for all laws initiated by the Government. The Ministry of Justice employs

24

Kyrgyz Constitution, Article 81(2-4). 25

JK Rules of Procedure, Article 104.


lawyers that are bilingual, and they draft both in Russian and in Kyrgyz. The Ministry of

Justice has only one translator on its staff.

In theory, the public may access draft laws that are prepared by Government ministries

and departments on their respective websites and the website of the Ministry of Justice, but access is unwieldy and the sites do not generally appear to be used by the public. If a

draft law is prepared by one Government ministry or department, other Government

ministries and departments may provide comments on the draft. This can be time-

consuming, and the procedure needs streamlining. The Ministry of Justice is currently

seeking assistance in establishing an electronic legislation tracking system that would

allow all Government ministries and departments to coordinate their legal drafting efforts

online.

The Ministry of Justice coordinates the legal analysis of a draft law to ensure that it is in

conformity with the Constitution and other laws to avoid introduction of conflicting laws.

With assistance defined below, it also undertakes four separate expert examinations for

laws relating to human rights protection, gender, anti-corruption, and ecological

protection. Specifically, the Ministry of Justice provides legal evaluation of draft laws

and prepares reports on human rights violations and gender; the Civil Service Department

carries out an anti-corruption evaluation; and one of two specialized government natural

resources agencies undertakes the ecological evaluations.

Laws are usually drafted together with regulations that are necessary to enforce new laws.

The practice is referred to as “drafting laws in a package” (or preparing a “package of

draft laws”), and it is utilized in many former Soviet countries to ensure successful law implementation and enforcement. After the Government approves a draft law that is

accompanied by regulations, only the draft law (along with the bill’s concept, mandatory

justification letter, and statement on its current state of legislation) is introduced into the

Jogorku Kenesh. The draft regulations are not included. The latter are subject to

approval by the Government after the Jogorku Kenesh passes the law, and it is enacted.

C. Introduction of a Draft Law After a draft law is introduced in the Jogorku Kenesh, it is registered by the

Administrative Office of the Jogorku Kenesh (with its incoming number and date noted).

The draft law is then sent to the office of the Speaker. The Speaker assigns introduced

draft laws to one or several committees. If there are several committees involved, one

committee takes the lead in reviewing the draft law and deciding whether a law on the

subject is needed. This process results in the lead committee’s resolution, sometimes

issued in a joint resolution with several committees, to either approve the draft law or

reject it. If approved, the draft law may be included in the legislative hearing agenda (the “calendar plan”) that is subject to approval by the Jogorku Kenesh on a monthly basis.

The monthly calendar plan of the Jogorku Kenesh includes (i) the title of a draft laws, (ii)

the registration numbers, dates of introduction, and subjects of legislative initiatives, (iii)

the committee that is responsible for passage of each draft law, and (iv) other notes.

Other notes reflect the progress of a draft law passage. For example, the draft law may be

approved in the first, second, or third hearing, or sent back to a committee to be reworked.

The Speaker also directs the Expert Examination Department of the Jogorku Kenesh to

carry out legal analysis of the draft law to ensure that it is in conformity with the

Constitution and existing laws to avoid introducing conflicting laws. If not already

completed by the initiating agencies, the Unit of Special Expert Evaluation of the Jogorku

Kenesh carries out four mandatory examinations relating to human rights protection,

gender, anti-corruption, and ecological impact.


The lead committee makes sure that all of these steps have been completed appropriately.

After reviewing a draft law, the lead committee either recommends or does not

recommend a draft law be scheduled for its first hearing by the Jogorku Kenesh.

D. First, Second, and Third Hearing of a Draft Law Article 80(4) mandates that proposed legislation be considered and voted on three times,

usually with the opportunity for amendments between each hearing. This system is

similar to that of the Russian Parliament (State Duma). Previously, the Jogorku Kenesh

employed a “two-three hearing system” that provided no time between hearings for

Members of Parliament to familiarize themselves with draft laws and proposed

amendments. The mandatory three hearing system was introduced with the intent to

assure that Members of Parliament had enough time between the introduction and adoption of legislation to review the contents of the proposed draft law and amendments

proposed by other Members.

A proposed draft law is included in the list of draft laws scheduled for the first hearing

after the vote of the lead committee (or a joint vote all several committees involved). The

Administrative Office of the Jogorku Kenesh is responsible for scheduling the hearing of

the draft law. Hearings are conducted using formal parliamentary procedure pursuant to the JK Rules of Procedure. The first hearing establishes the Jogorku Kenesh’s sense that

a law on the subject is needed. Technically, the concept of a draft law is subject to

evaluation.26 In addition, committees may submit alternative concepts of a draft law.27

Members of Parliament usually start with debating the concept of a draft law, and the

concept and draft law that are approved in the first hearing become the basis for possible

legislation.

Most opportunities for amendments come between the first and second hearings. All

amendments are then collected by the lead committee. Members can also propose

amendments orally during the second hearing; however, such proposals must be

accompanied by a written proposal. Proposing amendments during the third hearing is

not allowed.

A draft law is required to get the majority votes of MPs at each hearing but not less than

50 votes of all MPs.28 Constitutional laws and laws that change state borders are

exception to this rule. The latter require at least three hearings and at least two-third of

the votes of all MPs (qualified majority) in order to be approved. A draft law that receives

the required number of votes during all three hearings becomes a “passed law.”

E. Presidential Signing, Limited Veto, and Veto Override Within 14 days of the date that the Jogorku Kenesh passes a law, it is sent to the President for signing.29 Within one month of receiving a law, the President must either sign it or

return it to the Jogorku Kenesh with his/her objections for a re-vote. Laws on national

budget and national taxes are an exception to these Presidential rights, wherein the

26

JK Rules of Procedure, Article 104(2). 27

JK Rules of Procedure, Article 104(4).




President is required to sign these.30 The constitution includes a limited Presidential veto

considering these limitations: (i) the President cannot veto the entire law but may only

object to it in writing, (ii) the President is given only one month to object to a law, (iii)

the Jogorku Kenesh may override objections of the President by re-passing a law in its

original version, (iv) the Speaker can sign a passed law if the President fails to return objections or if he/she fails to sign the law within one month of the date it was passed,

and (v) the Speaker can sign a re-passed law if the President fails to sign it within 14 days

of its receipt.

The President’s Office includes its own Legal Department, which is responsible for

preparing the written objections of the President. However, the President’s Legal

Department is presently understaffed. In practice, the President’s Office sends a passed

law to the Government’s Legal Department for review. Thus, presidential objections may

actually be authored by the Government’s Legal Department.

The Jogorku Kenesh may agree with the President’s objections and pass the law in a new

version that incorporates these objections. A more detailed mechanism of re-passing is

not entirely clear. Presumably, only one hearing takes place. The Jogorku Kenesh may

disagree with the President and override the presidential veto by re-passing a law in the

original version. In this case, the law must receive at least two-thirds of the votes of all

MPs. The President is subsequently required to sign this re-passed law. If the President

fails to sign the law within 14 days, the Speaker must sign the law within the following 10

days.

F. Publication and Enactment of a Law Publication of a law is a mandatory condition for it to take effect.

31 Laws passed by the

Jogorku Kenesh and signed by the President or Speaker must be published by a

publishing agency that is approved by the Government within 10 days of its signing.32

Typically, laws are published in the official state newspaper Erkin Too in both Kyrgyz

and Russian.

A passed law becomes an enacted law 10 days after its official publication. However,

enactment of a law may be delayed by either the law itself (for example, the law includes

a provision establishing a later effective date) or by a separate law (law on effective date)

that includes a provision establishing a later effective date. Prior to publication, the law

on effective date must accompany the draft law, be passed by the Jogorku Kenesh, and

then signed by the President or Speaker. A delay to the usual effective date of a passed

law may apply to the whole law or only parts of it.

30

Kyrgyz Constitution, Article 81(2).

31 Kyrgyz Constitution, Article 6(4) and Law on Normative Legal Acts, Article 29.


PAGE 14 ANALYSIS OF CURRENT PROCESS

CHAPTER FIVE: ANALYSIS OF CURRENT PROCESS

A. Legislative Planning and Coordination

Legislative planning and coordination is a critical part of the legislative drafting process.

Together with the voters, the right of legislative initiative rests with the Prime Minister

and MPs.33

As aforementioned, the Government’s legislative drafting workplan is

approved on a yearly basis.34

In contrast, the Jogorku Kenesh does not have a long-term

legislative drafting workplan. Subsequently, there is often miscommunication between

Governmental ministries and departments and the Jogorku Kenesh. There is no legal

requirement to coordinate these two legislative drafting processes, no law requiring

prioritization of draft laws introduced in Jogorku Kenesh, and no requirement that the

Jogorku Kenesh plan its own legislative process agenda. Although not mandated by law,

in previous years there has been some level of coordination between these two parties. The Government used to submit its yearly-approved legislative drafting plan to the

Jogorku Kenesh, but this is no longer the case.

The Jogorku Kenesh does not have complete information about which laws are being

drafted by the Government and when the Government may introduce them. Moreover, the

Jogorku Kenesh operates on a workplan that is only approved on a monthly basis (see

annex #4 of this assessment for an example). The whole legislative drafting process agenda seems somewhat chaotic. The Jogorku Kenesh often does not know which laws

the Government is working on. Valuable resources are frequently wasted when (i) the

Jogorku Kenesh produces alternative drafts, (ii) the Jogorku Kenesh objects at the stage

of a committee’s review if a draft law arrives unexpectedly from the government, or (iii)

if there are also alternative draft laws within the Jogorku Kenesh prepared by MPs (the

last example might be mitigated if MPs had a better idea if someone else was drafting a

similar law).

The Representative of the Government in the Jogorku Kenesh is present at all hearings.

To better track the legislative process, the Government recently created internal

departments that correspond to the subject matters of Jogorku Kenesh committees. The

Government also suggested that the Jogorku Kenesh create a commission on legislative

drafting planning. The status of this proposal is unclear.

B. Legal Drafting Techniques Although legal reform efforts often involve institutional restructuring, rewriting old laws

and drafting new ones remains a necessary component of most such projects. Yet even in

stable, democratic countries, creating sound laws and regulations is a challenge. In

developing and transitioning countries, political interference, a lack of experience and

resources, and constraints imposed by weak enforcement agencies often make the job of

legislative drafting even harder.

Well-drafted legislation provides the public more accessibility and certainty on the

protection of legal rights. Beyond the substance of legal rules, the wording must be

integrated within the country’s overall legislative framework. For this reason, authorities

producing rules must develop and master strict drafting techniques. Although several

different drafting styles exist across legal systems, each can be of assistance in a variety

of circumstances. For this reason, drafting resources stress the need for clear, precise, and

33

Kyrgyz Constitution, Article 79(3).

34 Law on the Government, Article 28.


consistent language and definitions, as well as consistency with existing legal and

constitutional frameworks.

Effective and coherent legal reform requires a comprehensive and sustainable approach

that avoids importing models inconsistent with existing national legal and socioeconomic norms. Legislative drafting techniques in the Kyrgyz Republic remain weak. Laws are

poorly drafted, with the language and definitions unclear and inconsistent. Laws are often

filed with last minute additions and deletions, and they frequently conflict with one

another or fail to serve the purposes intended. Poor legal drafting techniques are still a

deficiency that weakens the legislative drafting process. Legal drafters tend to just copy

laws of other countries, particularly those of Russia. In fact, in one recent draft law

reviewed for this assessment, the copied wording suggested that the proposed Kyrgyz law

would apply to the Russian Federation. An excessive reliance on laws passed by Russia

could become an impediment to further democratic reforms in the Kyrgyz Republic.

C. Mandatory Expert Examinations of Draft Laws Draft laws are subject to special evaluations that include legal evaluation and four

separate expert examinations relating to:

• human rights protection;

• gender;

• anti-corruption;

• ecological protection.35

These legal requirements have a history. The recent UNDP project to support legal

reform was behind the introduction of legal evaluation and these four separate expert

examinations. The UNDP claimed that it followed the best practices utilized by

parliaments of other countries. The project started years ago as a pilot for several

committees in the Jogorku Kenesh. The practice was then introduced for all draft laws in

the Jogorku Kenesh. Finally, by amending the Law on Normative Legal Acts, the

practice was codified.

Lawyers that work in the Expert Examination Department of the Jogorku Kenesh are

responsible for special evaluations of draft laws in the Jogorku Kenesh. The Expert

Examination Department is a component part of the Legal Department of the Jogorku

Kenesh. The main function of the Legal Department though is to represent the Jogorku Kenesh in legal matters. The Expert Examination Department consists of two separate

units – the Legal Evaluation Unit and the Unit of Special Expert Evaluation (the Unit on

Specialized Types of Expertise and Regulative Application Analysis). The main function

of the Legal Analysis Unit is to conduct legal analysis of a proposed draft law to ensure

that it is consistent with the Constitution and existing laws. The Unit of Special Expert

Evaluation is responsible for conducting the four separate expert examinations. The staff

of the Expert Examination Department has complained of work overload. To assist in conducting examinations, the staff has requested training, more detailed technical

instructions on how to conduct examinations, and regulations approved by the Jogorku

Kenesh addressing how these types of examinations are to be undertaken.

Information obtained by the staff of the Expert Examination Department was confusing.

According to UNDP, last year they trained 65 people from the Jogorku Kenesh on how to

carry out the special expert examinations. This year, they are planning to train 50-60

35



people. With help from experts in the Jogorku Kenesh, UNDP also drafted the

Methodology on Expert Evaluation. This took a year and was based on practices utilized

in Kazakhstan, as well as other available practices.

Current law does not identify who specifically should conduct the special evaluations. The current practice intends to avoid duplication. The Law on Normative Legal Acts is

also unclear in respect to what party conductions these special evaluations. In practice,

there is a lot of confusion and currently both the Jogorku Kenesh and the Government

undertake these evaluations and produce reports. Usually draft laws initiated by the

Government are subject to special evaluation by governmental agencies. Draft laws

initiated by MPs and the electorate are subject to special evaluation by the Jogorku

Kenesh. Within the Government, the Ministry of Justice conducts two of the evaluations

(human rights protection and gender), while the Personnel Service Unit conducts the anti-

corruption evaluation, and either the Ministry of Natural Resources or the State

Environment Protection Agency conducts the ecological examination. According to the

Ministry of Justice, there is a draft law prepared by the Government that would

specifically identify rules as to who should conduct expert examinations. This suggests

that the Government is not comfortable with conducting expert examinations itself and

would prefer to have another party do the job.

Many lawyers in the Expert Examination Department lack relevant experience with

working for the legislature and/or have not been previously involved in the legislative

drafting process. It appears that, in contrast to other departments within the

Administrative Office of the Jogorku Kenesh, the Expert Examination Department is not

fully informed as to how the rest of the Administrative Office functions. The Expert Examination Department is not involved in drafting new laws, nor does it possess the

necessary capacity to be substantially involvement in the legislative drafting process. Its

current major function is to examine laws that are drafted by others.

The requirement for the expert examinations was introduced into Kyrgyz law with

positive intentions. However, its implementation may be somewhat questionable. For

example, if lawyers with no special training conduct ecological evaluations, the result might be nothing but a formal report with no true value. The Law on Normative Legal

Acts is subject to revision in the near future. It remains unclear whether these expert

evaluations requirement will remain in the new law. Since UNDP took the lead in

introducing the practice and given the questionable value of these evaluations, requests by

the Unit of Special Expert Evaluation to provide special training courses relating to

conducting these evaluations may be declined to avoid duplication with UNDP’s efforts.

Other activities intended to provide assistance to the Expert Examination Department in

dealing with legal analysis may be of value, including organizing special training sessions

in smaller groups and workshops relating to improving legal drafting techniques and

inviting lawyers from the Expert Examination Department to take part in events such as

conferences and roundtable discussions to broaden their legal knowledge.


D. Language and Translation Issues The state language in the Kyrgyz Republic is Kyrgyz,36 while the official language is

Russian.37 Most draft laws are prepared in Russian and then translated into Kyrgyz.

Draft laws are introduced in the Jogorku Kenesh in both languages. Texts of draft laws

have to be identical. Prior to introduction, most work is done in Russian. However,

because the state language is Kyrgyz, a law that is passed by the Jogorku Kenesh in

Russian has to be subsequently translated into Kyrgyz. Versions have to be identical, but

in fact there are numerous instances when a version in Russian is clearly not identical to

its version in Kyrgyz. Most of these instances relate to incorrect translation. However,

there are also numerous technical errors when entire provisions of a law are missing in the

Kyrgyz version. In case of a conflict between the Russian version and the Kyrgyz

version, the version in Kyrgyz prevails.38

It is important to note that many MPs, legal

staff of the Jogorku Kenesh, and the Kyrgyz public seem to be more comfortable working

in Russian rather than Kyrgyz due to education, previous working culture, and the fact that Kyrgyz legal language remains somewhat undeveloped. Many legal terms are still

needed for modern Kyrgyz language, and new laws generally do not exist in Kyrgyz.

The Translation Department Unit of the Jogorku Kenesh is responsible for checking

whether texts of draft laws introduced in the Jogorku Kenesh are identical at the stage of

introduction of a law. The Translation Department Unit is also responsible for producing

the final, official version of a law in Kyrgyz. The Translation Department Unit employs linguists, many of whom are also trained as lawyers. Most are of an older generation and

are close to their retirement age. Many newly hired translators do not possess the relevant

experience, and several new staffers that were recommended by newly elected Members

of Parliament do not possess the necessary skills. Meanwhile, the country does not have

specialized educational institutions that train Kyrgyz language translators to work with

legal documents.

In addition, the Translation Department Unit uses different Kyrgyz-Russian dictionaries.

Some of the dictionaries are old, including a 1957 Kyrgyz-Russian dictionary. Other

dictionaries are relatively new and were printed in 2006 and 2008. Other departments of

the Jogorku Kenesh have significant difficulties working in Kyrgyz. Many would prefer

using a unified dictionary and/or list of legal terms approved by the Jogorku Kenesh, yet

there is certain skepticism about this. Several opponents of it correctly point out that it is

the job of linguists to provide opinions relating to the use of terms. Thus, a good

dictionary of legal terms may be very useful.

In 2005, USAID provided financing to an ARD/Checchi project that produced the

Russian-Kyrgyz Dictionary of Legal Terms and Definitions of which 3,000 copies were

made. It is a comprehensive dictionary, although it could be significantly improved.

Nevertheless, it appears that most offices in the Jogorku Kenesh do not have this dictionary.

The fact that The Kyrgyz Republic has two languages creates several problems. When

the Kyrgyz version of a law is not identical to the Russian version, the legislative

authority of the Jogorku Kenesh is undermined. A version of a law later translated into

Kyrgyz for which members of the legislature did not actually vote can logistically become

law. In addition, there is evidence (obtained through several interviews) that judges who were educated in Russian and who are comfortable working in Russian often refuse to

36 Kyrgyz Constitution, Article10(1).




decide cases based on an actual law in Kyrgyz. The inconsistency between versions of a

law in Kyrgyz and Russian is a major obstacle to strengthening the legislative process.

E. Electronic Legislative Tracking System Electronic legislative tracking systems (ELTS) manage the basic steps involved in passing

a draft law into law by legislatures and provide links to online information to aid in

following each of these steps.39 An ELTS could greatly improve access for

parliamentarians and others on all aspects of the legislative process. Adequate ELTS

resources and services could help ensure the integrity and quality of documents and assist

in providing effective services to legislators and parliamentary staff. An ELTS could be a

simple database to track workflow and the progress of draft laws and amendments. The

database could provide reports to legislators and parliamentary staff and assist in

determining how long various tasks should take and how tasks should be prioritized. It could also provide drafting staff access to electronic versions of draft laws and

amendments.

Any ELTS should help reduce duplication of effort and facilitate a coordinated, cost-

effective approach to legislative planning. An ELTS should make it easier to edit pending

legislation and allow information to be distributed in different formats (via Internet, CD,

or hard copy). An ELTS should provide document management through the entire legislative life cycle, from creation to retrieval to archiving. It should provide for

workflow management from writing, revision, routing, commentary, and approval of

legislative documents. The integrity of the information should be maintained, providing

mechanisms to track who makes changes, when, and what kind of changes.

Currently the Jogorku Kenesh has a basic electronic system that was established with the

assistance of UNDP. It is a simple database of laws linked to the official website of the

Jogorku Kenesh where the public can track the progress of draft laws. However, during

meetings with MPs and parliamentary staff, it became apparent that most were either

unaware of this database or did not use it. The reasons for this are unclear. Several

departments of the Jogorku Kenesh operate using electronic documents containing simply

tables with a few columns. MPs and parliamentary staff from others departments have no

access to this limited information unless they specifically ask for it. For example, the

Revision and Issuance of Draft Laws Department operates using a simple table that has

columns including the title of the draft law, dates of hearings held and nature of

resolutions, who initiated the draft law, committees that reviewed the draft law and their

resolutions, the date when the passed law is sent to the President for signing, the date and

number of the President’s objections (if there were any), the date of signing the law, and

other information that may be relevant.

MPs and parliamentary staff expressed great interest in establishing a new ELTS for the

Jogorku Kenesh. Given the fact that the current database system is hardly in use, it is

crucial that the Administrative Office of the Jogorku Kenesh be directly invested in any

new ELTS development. Procuring a system without the Jogorku Kenesh’s substantive

involvement could cause long-term problems.

39

KPSP consultant Talant Abdullae was the primary author of a companion report on the technical specifications relating to

procuring an ELTS for the Jogorku Kenesh. This report contains descriptions of available products and pricing.


F. Central Legislative Drafting Agency As in other countries, MPs are expected to perform legislative functions, conduct

oversight over the executive branch , represent the interests of their constituencies, and

perform constituency service. Since the services of a Central Legislative Drafting

Agency (CLDA) are not available, in some instances MPs seek help on drafting laws and

amendments from the executive branch. MPs do not have a dedicated source of funding

to needed background research to provide information necessary to draft a law or

amendment. Therefore, they end up seeking help from staff who have not been

specifically trained for drafting duties. The problem is more serious if one considers the

fact that many MPs are not lawyers and may never have seen a draft law before their

election. They may also not be trained to correctly read and understand draft laws. It is

thus critical that MPs be able to rely on legislation drafters to draft quality laws and

amendments. Therefore, a CLDA should be created to facilitate this process.

There was an attempt to establish a CLDA in the past. In 2005, the “Center for

Parliamentarism” was created. The Center lacked funding, and in a few years the project

failed. The failure remains a recent, negative experience for many MPs. Subsequently,

they do not see establishing a CLDA as a priority, as many are convinced that the vast

majority of draft laws should originate from the executive branch.40

Consequently, there

currently is little political support in the Jogorku Kenesh for establishing a CLDA.

However, this situation may change in the future.

40 From consultations with MP Tekebaev, Head of the Ata-Meken Faction and MP (Ex-Chief Justice of the Kyrgyz

Supreme Court) Osmonov.

PAGE 20 ISSUES AND CONCERNS

CHAPTER SIX: RECOMMENDATIONS

A. Improve Planning & Coordination of the Legislative

Process

1. A round table to discuss planning and coordination between the Government and the

Jogorku Kenesh should be organized. This round table should be organized as a “political

event,” not a training course. The agenda of the roundtable should include discussing (i)

the possibility of amending the Law on Normative Legal Acts so that it mandates a certain

level of coordination between the Government and the Jogorku Kenesh while establishing

better rules and legal drafting techniques and (ii) the creation of an interagency commission

on legislative drafting planning. As the Law on Normative Legal Acts is subject to

amendment to bring it into conformity with the new Constitution, this discussion may be

seen as complementary.

2. An interagency commission on legislative drafting planning should be created. This

could be a follow-up to a proposal recently initiated by the Government. The

commission should include representatives from the Government and the Jogorku Kenesh. The commission’s role and functions may be worked out during a

roundtable discussion or by a working group established during a roundtable. Ideally,

the commission should be approved by a resolution of the Jogorku Kenesh.

3. The Law on Normative Legal Acts should be amended so that it mandates a certain

level of coordination between the Government and the Jogorku Kenesh during the

legislative drafting process. The Law on Normative Legal Acts is already on the official list of laws that are subject to amending.

4. MPs, staff of the Administrative Office of the Jogorku Kenesh, other parliament staff,

and representatives of the executive branch should all be included in legislative

drafting training courses, conferences, workshops, and seminars that are sponsored by

donor agencies and non-governmental organizations. Personal contacts that may

develop by participating in such events may help facilitate coordination efforts.

B. Improve and Streamline the Legislative Process

5. The quality of translations of laws (from Russian into Kyrgyz) should be improved

via sponsoring a project that will produce a good Kyrgyz-Russian dictionary and/or

glossary of legal terms. Such a project may utilize the 2005 ARD/Checci dictionary

as a baseline.

6. A new electronic legislative tracking system (ELTS) should be introduced in the

Jogorku Kenesh to improve and streamline the legislative drafting process.

Establishing a new ELTS also serves the purpose of improving overall planning

within the Jogorku Kenesh. Key stakeholders in the Jogorku Kenesh should be

included in the procurement and deployment process.

PAGE 21 ISSUES AND CONCERNS

C. Improve the Legislative Drafting Process

7. Training courses, conferences, workshops, and seminars with a special focus on enforcement should be organized. Training components should not be limited to

teaching plain legal drafting techniques but must also enable lawyers to understand

tenants of good law-making processes. This should include the directives that laws of

other countries cannot be simply copied and that any passed law must be enforceable.

An effective enforcement mechanism should be specifically addressed as part of the

legislative drafting training.

8. Study tours and outreach to other parliaments should continue on a regular basis, yet

parliaments of other countries should be carefully selected. For example, the Russian

Federation, regardless of its strong political and cultural ties to the Kyrgyz Republic,

may not be the best model to follow.

9. The Law on Normative Legal Acts should be amended to incorporate better rules and

legal drafting techniques. (Amending the Law on Normative Legal Acts is also part

of recommendations to improve coordination and planning.) The Manual for

Drafters may be used as a basis for incorporating better rules and legal drafting

techniques.41

10. If amending the Law on Normative Legal Acts is not feasible, a new instruction

manual on legislative drafting techniques should be created and approved by a

resolution of the Jogorku Kenesh. A drafting group consisting of parliamentary staff

and Kyrgyz academics should be established. The Manual for Drafters may also be

used as a source.

11. The library of the Jogorku Kenesh should be upgraded, as doing so would facilitate

the process of improving the legislative drafting process.

12. Attempting to establish a central legislative drafting agency within the Jogorku

Kenesh may be considered. However, as there is currently little political support for

such an initiative, any attempt in this manner should be approached with caution.

Finding adequate funding for establishing and maintaining such an agency would also

be a pre-requisite and have to be addressed. In addition, the current sentiments of key

MPs running against the need for establishing such agency would have to be reversed.

41 In the past, UNDP sponsored a project that produced a Manual for Drafters. In 2001, the Manual for Drafters:

Legislative Drafting for Democratic Social Change (by Ann Seidmn, Robert B. Seidman, and Nalin Abeyesekere) was

published by Kluwer Law International in Russian. The Manual for Drafters is a well-written, comprehensive guide on

how to draft a good law, and its content provides a contrast with provisions in the Law on Normative Legal Acts.

PAGE 22 ANNEX #1

ANNEX #1: MEETINGS IN BISHKEK, KYRGYZSTAN

• Jogorku Kenesh, Head of the Legal Department, Mr. Kanat Sadykov and his staff (19 April

2011).

• Jogorku Kenesh, Head of the Department on Legal Analysis, Ms. Nurzat Osmonova and

Deputy Head, Mr. Aybek Akmoldoev (19 April 2011).

• Jogorku Kenesh, Deputy Head of the Apparatus (Administrator’s Office), Mr. Suyunbek

Kasmambetov and Head of the Organizational Department, Mr. Alisher Japarov (19 April

2011).

• Jogorku Kenesh, Chairman of the Committee on the Regulation (Rules of Procedures) and

Ethics, Mr. Kurmantai Abdiev (20 April 2011).

• Senior Program Assistant, Political/Military/Division, OSCE Center, Ms. Guljamal

Tokombaeva (20 April 2011).

• Parliamentary Expert, Ex-Chief of the Legal Department of the Office of the President, Ex-

Chief of the Legal Department of the Jogorku Kenesh, Mr. Murat Ukushev (20 April 2011).

• Jogorku Kenesh, Head of the Revision and Issuance of Draft Laws Department, Ms.

Sulaimanova Janyl (21 April 2011).

• Jogorku Kenesh, Head of the Department on the Regulation (Rules of Procedures) and Ethics,

Ms. Aichurek Turer (21 April 2011).

• Jogorku Kenesh, Head of the Translation Department Unit, Mr. Jumabek Mederaliev (21 April

2011).

• IFES International, Expert, Mr. Grant Kippen (21 April 2011).

• Program Coordinator, Association of Civil Society Support Centers, Ms. Bakyta Kachikeeva

and her staff (22 April 2011).

• National Democratic Institute, Country Director, Mr. Scott Kearin (22 April 2011).

• Ex-Member of Parliament, Ex-Speaker, legal scholar and parliamentary expert, Mr. Zaynidin

Kurmanov (25 April 2011).

• Jogorku Kenesh, Head of Faction, Ata-Meken political party, Mr. Omurbek Tekebaev (26 April

2011).

• Jogorku Kenesh, Head of the Department of the Committee on Constitutional Legislation,

Ms. Jyldyz Kamchybekova (26 April 2011).

• Member of Parliament, Ata Jurt Party, Ex-Chief Justice, Mr. Osmonov (26 April 2011).

• Deputy Government Representative in the Jogorku Kenesh, Mr. Kylysh Abyshev and his staff

(27 April 2011).

• Ministry of Justice, Deputy Head of the Law and Normative Acts Drafting Department,

Mr. Altynbek Tumanov; Director of the Center to Coordinate Law Drafting, Ms. Tolkun

Bekbulatova; Senior Specialist, the Law and Normative Acts Drafting Department,

Mr. Kubanych Alybaev (28 April 2011).

• Program Manager, UNDP, Ms. Gulmira Mamatkirimova (28 April 2011).

• USAID Business Environment Improvement Project (BEI), Country Director, Implemented by

the Pragma Corporation, Ms. Nursulu Ahmetova; BEI Deputy Country Manager, Mr. Sabyrbek

Akimbaev.

PAGE 23 ANNEX #2

ANNEX #2: LAWS REQUIRING CONSTITUTIONAL RECONCILIATION

The following laws require reconciliation with the Kyrgyz Constitution as adopted on the

referendum dated 27 June 2010. Laws are listed in order of priority.

• Code of the Kyrgyz Republic on “Elections of the Kyrgyz Republic”.

• Law of the Kyrgyz Republic on “Guarantees of Activities of the President of the

Kyrgyz Republic”.

• Law of the Kyrgyz Republic on “Status of the deputies of Jogorku Kenesh of the

Kyrgyz Republic.

• Law of the Kyrgyz Republic on “Rules of Procedures of Jogorku Kenesh of the

Kyrgyz Republic”.

• Constitutional Law of the Kyrgyz Republic on “Government of the Kyrgyz

Republic”.

• Bill on the Constitutional Law on “Constitutional Chamber of the Supreme Court

of the Kyrgyz Republic” (would constitute a new constitutional law).

• Bill on “Council on Selection of Judges” (new law).

• Law of the Kyrgyz Republic on “Status of Judges”.

• Law of the Kyrgyz Republic on “Supreme Court and Local Courts”.

• Law of the Kyrgyz Republic on “Judicial Bodies”.

• Criminal Code of the Kyrgyz Republic.

• Criminal Procedural Code of the Kyrgyz Republic.

• Code on Administrative Responsibility of the Kyrgyz Republic.

• Civil Code of the Kyrgyz Republic.

• Civil Procedural Code of the Kyrgyz Republic.

• Law of the Kyrgyz Republic on “Prosecutor’s Office”.

• Law of the Kyrgyz Republic on “Local State Administration and Local

Government”.

• Law of the Kyrgyz Republic on “Normative Legal Acts of the Kyrgyz Republic”.

• Bill (new edition) of the Kyrgyz Republic on “Advocacy and Legal Activity”.

• Bill of the Kyrgyz Republic “National Kurultay/Assembly” (new law).

• Law of the Kyrgyz Republic on “State Service”.

• Law of the Kyrgyz Republic on “Political Parties”.

• Law of the Kyrgyz Republic on “Municipal Service”.

• Law of the Kyrgyz Republic on “ Central Commission on Elections and Conduct

of Referendums”.

PAGE 24 ANNEX #2

The following laws require reconciliation with the Kyrgyz Constitution as adopted on the

referendum dated 27 July 2010.

• Law of the Kyrgyz Republic on “Approval of the Structure of Government of the

Kyrgyz Republic”.

• Constitutional Law of the Kyrgyz Republic on “Referendums”.

• Constitutional Law on “Emergency Position”.

• Constitutional Law on “Martial Law”.

• Bill of the Kyrgyz Republic on “Professional Qualification of Citizens”.

• Law of the Kyrgyz Republic on “International Treaties”.

• Law of the Kyrgyz Republic on “Freedom of Religion and Religious

Organizations in Kyrgyz Republic”.

• Law of the Kyrgyz Republic on “Citizenship of the Kyrgyz Republic”.

• Law of the Kyrgyz Republic on “Pastures”.

• Law of the Kyrgyz Republic on “Main Principles of Budget Law”.

• Law of the Kyrgyz Republic on “Defense and Armed Forces of the Kyrgyz

Republic”.

• Law of the Kyrgyz Republic on “National Security”.

• Law of the Kyrgyz Republic on “The Right of Citizens to Gather Peacefully,

without Weapons, Freely Conduct Meetings and Demonstrations”.

• Law of the Kyrgyz Republic on “General Principles of Amnesty and Remission”.

• Law of the Kyrgyz Republic on “Procedure and Conditions of Detention of

People, Detained on Suspicion and Charges of Committing Crimes”.

• Law of the Kyrgyz Republic on “Internal Migration”.

• Law of the Kyrgyz Republic on “Court of Aksakals ” (Elderly People).

• Law of the Kyrgyz Republic on “Education”.

• Law of the Kyrgyz Republic on “Individual Housing Construction in Kyrgyz

Republic”.

• Law of the Kyrgyz Republic on “Health Protection of People in Kyrgyz

Republic”.

• Law of the Kyrgyz Republic on “State Social Insurance”.

• Law of the Kyrgyz Republic on “Universal Military Obligation of Citizens of the

Kyrgyz Republic, Military and Alternative Service”.

• Law of the Kyrgyz Republic on “Audit Chamber”.

• Law of the Kyrgyz Republic on “National Bank of the Kyrgyz Republic”.

• Law of the Kyrgyz Republic on “Banks and Banking Activity of the Kyrgyz

Republic”.

• Law of the Kyrgyz Republic on “Akiykatchy (ombudsman) of the Kyrgyz

Republic”.

• Law of the Kyrgyz Republic on “Status of Deputies of Local Kenesh”.

PAGE 25 ANNEX #2

• Forest Code of the Kyrgyz Republic.

• Air Code of the Kyrgyz Republic.

• Water Code of the Kyrgyz Republic.

• Land Code of the Kyrgyz Republic.

• Code of the Kyrgyz Republic on “Children”.

• Family Code of the Kyrgyz Republic.

• Labor Code of the Kyrgyz Republic.

• Housing Code of the Kyrgyz Republic.

PAGE 26 ANNEX #3

ANNEX #3: LEGISLATIVE DRAFTING WORKFLOW

10 thousand voters, a member of the legislature, the Government (the right of legislative initiative)

Draft law moves

to the Parliament(the Jogorku Kenesh)

Committee

Legal and other

expert

examination

Toraga sends the draft law

If the draftlaw passes

If the draftlaw passes

Returns the law to

the Jogorku Kenesh

with objections

Presidentwithin one month

If the law passes, it is sent to

the President for signing

Concept of a new law

Introduction of

a draft law

Draft law accompanied by mandatory

- letter – justification

- document on the current state of legislation

Signs the law

Fails to

sign the

law

Jogorku Kenesh

Toraga signs

the law

Law is

published

President

Jogorku Kenesh re-passes

the law by 2/3

vote of all members of the

legislature

Signs the law

Fails to

sign the

law

If the law re-passes, it is sent

to the President for signing

Toraga signs

the law

Law is

published

Within 14 days

KYRGYZ LAW KYRGYZ LAW

Within 10 days*

* 10 days is a general rule

Within 10 days*

Third

Hearing

Second

Hearing

First

Hearing

PAGE 27 ANNEX #4

ANNEX #4: MONTHLY JOGORKU KENESH CALENDAR (April 2011)

PROJECT NAME REGISTRATION NUMBER

DATE OF SUBMISSION

HOLDER OF THE RIGHT OF

LEGISLATIVE INITIATIVE

THE COMMITTEE

RESPONSIBLE FOR PASSAGE

OF THE LEGAL ACT

REMARKS

The bill "On Amendments to the Law of the

Kyrgyz Republic ‘On the Republican Budget

of the Kyrgyz Republic for 2010 and

Forecast for 2011-2012’ ” (100-10)

#179

18 December 2010

Technical Government (326)

All the committees, the summary to be made

by the Committee for Budget and Finances


Kyrgyz Republic ‘On Bringing into Force

the Constitution of the Kyrgyz Republic’ ”

(103-10)

#549

27 December 2011

D.Bekeshov

The Committee for Constitutional

Legislation, State Structure, Lawfulness and

Local Self-Government


Kyrgyz Republic ‘On Fighting Terrorism’ ”

(46-10)

#1980

11 February 2010

Government (# 78)

The Committee for Defense and Security The law was submitted to President for

signing on 14 January 2011.

Returned for consideration in accordance

with the Constitution of 2010.

The law was enacted on 19 February 2010.

The bill of the Kyrgyz Republic “On

Seismic Safety”

#676

03 November 2009

Government

Committee for Defense and Security

Committee for Transport, Communications,

Architecture and Construction

The bill of the Kyrgyz Republic “General

Technical Regulations on Safety of

Buildings and Facilities”

#624

08 October 2009

Government

Committee for Defense and Security

Committee for Transport, Communications,

Architecture and Construction

Documents

Assessment of Parliamentary Legislative Drafting Process in the