EUROPEAN
COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
DRAFT LAW
ON BODIES OF
JUDICIAL SELF-GOVERNMENT
OF KYRGYZSTAN
Bishkek, 20 March 20 08, no. 35
LAW OF THE KYRGYZ REPUBLIC
On bodies of judicial self-regulation/self-government
The present law determines the basic
principles for the organisation and activity of bodies of judicial
self-regulation and establishes their legal status.
Article 1. Judicial self-regulation
1. Judicial self-regulation is the means of
organising the judicial community, making it possible to resolve questions
concerning the internal activities of judges through its own bodies.
2. Judicial self-regulation shall be
founded on the principles of collegiality, transparency, independence of the
judiciary, elected representatives, interchangeability and subordination of
individuals elected to judicial self-regulation bodies.
Article 2. Judicial community
1. The judicial community shall consist of
all the judges of the Kyrgyz Republic.
2. Retired judges shall retain their
membership of the judicial community and, with its consent and until such time
as their retirement status is terminated, may be involved in the work of the
bodies of the judicial community.
Article 3. Legislation on judicial
self-regulation
The organisation, prerogatives and
procedure governing the activity of judicial self-regulation shall be
determined by the Constitution of the Kyrgyz Republic, the present Law and
other legal and regulatory acts, international conventions and agreements
having entered into force under legally established procedure to which the
Kyrgyz Republic is party, and also the universally recognised principles and
standards of international law forming an integral part of the legislation of
the Kyrgyz Republic.
Article 4. Bodies of judicial
self-regulation
1. Bodies of judicial self-regulation shall
fulfil the functions, within the scope of the powers established by the present
Law, of expressing and defending the interests of both judges and other persons
vested with judicial power.
2. Bodies of judicial self-regulation shall
be:
1) the Congress of judges of the
Kyrgyz Republic;
2) the Council of judges.
3. The procedure for the formation and
activity of bodies of judicial self-regulation and relations between them shall
be determined by the Congress of judges of the Kyrgyz Republic.
4. The persons elected to bodies of
judicial self-regulation shall exercise their activities on a communal
basis. The status of individuals exercising the activities of judicial
self-regulation shall be governed by the Law of the Kyrgyz Republic "On civil service".
5. The activities of bodies of judicial
self-regulation shall be governed by Rules of procedure.
6. Bodies of judicial self-regulation shall
adopt decisions on the matters discussed by them, as well as communications to
state bodies, public associations and officials requiring examination within
one month.
7. Upon expiry of their allotted term, the
powers of elected bodies of judicial self-regulation shall be maintained until
the next Congress of judges is held.
Article 5. Fundamental aims of bodies of
judicial self-regulation
1. The fundamental aims of bodies of judicial
self-regulation shall be:
- to protect the rights and lawful
interests of judges;
- to assist in improving the judicial
system and judicial proceedings;
- to represent the interests of judges
in dealings with state bodies, public associations and international
organisations.
Article 6. The Congress of judges
1. The Congress of judges of the Kyrgyz Republic (hereinafter - the Congress of judges) shall be the supreme body of
judicial self-regulation.
2. The Congress of judges shall be convened
once every three years by decision of the Council of judges of the Kyrgyz Republic, which shall establish the date, time and place of the congress. An
extraordinary congress shall be convened by decision of the Council of judges
or at the initiative of no less than one third of all the judges of the Kyrgyz Republic.
The Congress of judges may also be convened by the President of the Kyrgyz Republic.
3. The Congress of judges shall be
considered as having quorum if no less than half the total number of judges of
the Kyrgyz Republic participate in its proceedings.
4. The Congress of judges shall be chaired
by the President of the Council of judges of the Kyrgyz Republic or, in their
absence, by the Vice-President of the Council of judges.
5. A decision of the Congress of judges
shall be adopted by a majority of votes of those present, unless another
procedure for adopting decisions is established by the Congress.
Article 7. Powers of the Congress of judges
1. The Congress of judges shall:
- establish the Rules of procedure of the
Congress of judges of the Kyrgyz Republic, the Rules of procedure of the
Council of judges and other acts governing the activities of bodies of judicial
self-regulation;
- determine the main thrusts of policy of the
judicial branch of authority and assign tasks to the Council of judges of the
Kyrgyz Republic aimed at guaranteeing the independence of courts and also
protecting the rights and lawful interests of judges;
- establish the Blueprint for judicial reform;
- establish the Judges' Code of honour;
- discuss problems of judicial practice and
improvements to legislation;
- adopt communications to state bodies, public
associations, officials and citizens of the Kyrgyz Republic on behalf of the
judicial community;
- elect the members of the Council of judges of
the Kyrgyz Republic;
- hear the report of the Council of judges;
- resolve other questions concerning the judicial
community.
2. The Congress of judges may not intervene
in matters of dispensing justice.
3. Decisions of the Congress of judges
shall be binding for the members of the judicial community.
Article 8. Organisation of the Council of
judges
1. The Council of judges of the Kyrgyz
Republic (hereinafter - the Council of judges) shall be an elected body of
judicial self-regulation functioning in the period between Congresses of judges
of the Kyrgyz Republic and implementing the policy of the supreme body of
judicial self-regulation. The Council of judges shall be subordinate to
the Congress of judges.
2. The Council of judges shall be elected
by the majority of votes of the number of judges attending the Congress.
3. The Council of judges shall comprise
fifteen members elected from among the members of the judicial community for a
three-year term.
4. The organisational, technical, material,
financial and methodological resources for the activity of the Council of
judges shall be provided by the Judicial department of the Kyrgyz Republic.
5. The Council of judges shall be headed by
its President or, in their absence, the Vice-President.
6. The President of the Constitutional
Court, the President of the Supreme Court and their deputies shall not be
eligible for membership of the Council of judges.
7. The President of the Council of judges
shall vote last on all matters.
8. Members of the Council of judges may not
be elected for a second consecutive term.
9. The Council of judges shall be convened
when necessary, but no fewer than four times a year.
Article 9. Powers of the Council of judges
1. The Council of judges shall carry out
its activity on the basis of the Constitution, the laws of the Kyrgyz Republic and the Rules of procedure of the Council of judges.
2. The Council of judges shall:
- implement measures aimed at protecting the
rights and lawful interests of judges of the Kyrgyz Republic;
- exercise supervision over the drawing up and
implementation of the budget of the courts;
- examine questions of instituting disciplinary
proceedings against judges;
- convene the Congress of judges of the Kyrgyz Republic;
- coordinate work on the practical implementation
of judicial reform;
- study, generalise and disseminate the
experience of bodies of judicial self-regulation and devise recommendations on
improving their activity;
- carry out judicial community expert appraisals
of draft laws and other regulatory and non-regulatory acts concerning the
activity of courts and judges;
- represent the interests of judges in dealings
with other state bodies and public associations;
- engage in cooperation with bodies of the
judicial communities of other States, international organisations and also the
media;
- request information and documents necessary to
its work from state bodies, public associations and officials;
- organise the training and further training of
judges and court apparatus staff;
- examine other questions relating to the
development of the judicial community;
- hear the report of the Judicial department of
the Kyrgyz Republic on the implementation of the judicial system budget;
- hear annual reports of the heads of the
Judicial department of the Kyrgyz Republic and the Judges' training centre of
the Kyrgyz Republic on their respective activities.
The Council of judges shall have other powers
provided for in the legislation of the Kyrgyz Republic.
3. The Council of judges shall have quorum
for adopting collegial decisions with no less than two thirds of the members of
the Council of judges present and by a majority of the votes of the total
number of members of the Council of judges.
Article 10. President of the Council of
judges and their deputy
1. The Council of judges shall elect from
among its members a President and Vice-President of the Council of judges for a
term of one year.
2. The President of the Council of judges
shall:
1) convene the Council of judges
and head its work in accordance with the Rules of procedure of the Council of
judges;
2) determine the powers of the
vice-president of the Council of judges;
3) sign the decisions adopted by
the Council of judges;
4) represent the Council of
judges vis-à-vis state authorities and local authorities, public associations,
the media and also in international cooperation;
5) organise examination of
complaints and other material sent to the Council of judges, divide them
between members of the Council of judges and instruct the latter to prepare
material for the sitting of the Council of judges.
3. The powers of the President and
Vice-President of the Council of judges shall cease upon expiry of the term for
which they were elected.
The powers of the President and Vice-President of the Council of judges shall
also cease in the event of their early discharge from office or termination of
their powers in the capacity of judge of the Kyrgyz Republic.
4. In the absence of the President of the
Council of judges their powers shall be exercised by the Vice-President, and in
the absence of both the President and Vice-President one of the members of the
Council of judges may be vested by decision of the Council of Judges with the power
to temporarily exercise their duties.
Article 11. Funding
1. The activity of bodies of judicial
self-regulation shall be funded from the republic budget.
2. The President of the Council of judges
shall represent bodies of judicial self-regulation on budgetary matters in
discussion with the Jogorku
Kenesh of the Kyrgyz Republic and the Government of the Kyrgyz Republic.
Article 12. Procedure for entry into force
of the present Law
1. The present Law shall enter into force
on the date of its official publication.
Published in "Erkintoo" gazette no. 23
of 1 April 2008
2. The Government of the Kyrgyz Republic shall bring its legal and regulatory acts into line with the present Law.
President of the Kyrgyz Republic, K. Bakiyev
Adopted by the Jogorku Kenesh of the Kyrgyz Republic on 15 February 2008
