KYRGYZSTAN PARLIAMENTARY STRENGTHENING PROGRAM (KPSP)

Transcription

1 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).

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

3 TABLE OF CONTENTS Executive Summary... 1 Assessment Overview... 2 Review of Current Laws... 4 Legislative Drafting Stages Analysis of Current Process Recommendations Annex #1 (Meetings in Bishkek, Kyrgyzstan) Annex #2 (Laws Requiring Constitutional Reconciliation) Annex #3 (Legislative Drafting Workflow) Annex #4 (Monthly Jogorku Kenesh Calendar)... 27

4 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 1 EXECUTIVE SUMMARY

5 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 2 ASSESSMENT OVERVIEW

6 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 April 2011 in Bishkek, Kyrgyzstan may be found in annex #1 to this assessment. PAGE 3 ASSESSMENT OVERVIEW

7 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 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 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 initiative 3 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 3 This review is limited only to provisions in the new Constitution relating to the legislative drafting process. 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. PAGE 4 REVIEW OF CURRENT LAWS

8 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 Kyrgyz Constitution, Article 80(4). Kyrgyz Constitution, Article 80(4). Kyrgyz Constitution, Article 81(1). Kyrgyz Constitution, Article 81(2). Kyrgyz Constitution, Article 81(3). Kyrgyz Constitution, Article 82. PAGE 5 REVIEW OF CURRENT LAWS

9 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 Law on Normative Legal Acts, Article 6(2). 11 The Constitutional Law, Article The Constitutional Law, Article The Constitutional Law, Article 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). PAGE 6 REVIEW OF CURRENT LAWS

10 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 Law on Normative Legal Acts, Article 6(2). 17 Law on Normative Legal Acts, Article 4(1). PAGE 7 REVIEW OF CURRENT LAWS

11 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 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 procedures 19 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 evaluation 21 (Jogorku Kenesh committees may submit alternative concepts of a draft law 22 ). 18 JK Rules of Procedure, Chapters JK Rules of Procedure, Chapter JK Rules of Procedure, Chapters JK Rules of Procedure, Article 104(2). 22 JK Rules of Procedure, Article 104(4). PAGE 8 REVIEW OF CURRENT LAWS

12 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 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 9 REVIEW OF CURRENT LAWS

13 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 betterinformed 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. PAGE 10 LEGISLATIVE DRAFTING STAGES

14 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 timeconsuming, 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. PAGE 11 LEGISLATIVE DRAFTING STAGES

15 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). 28 Kyrgyz Constitution, Article 80(4). 29 Kyrgyz Constitution, Article 81(1). PAGE 12 LEGISLATIVE DRAFTING STAGES

16 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 Law on Normative Legal Acts, Article 29(2). PAGE 13 LEGISLATIVE DRAFTING STAGES

17 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. PAGE 14 ANALYSIS OF CURRENT PROCESS

18 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 Law on Normative Legal Acts, Article 20(1). PAGE 15 ANALYSIS OF CURRENT PROCESS

19 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 anticorruption 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. PAGE 16 ANALYSIS OF CURRENT PROCESS

20 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 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). 37 Kyrgyz Constitution, Article 10(2). 38 Law on Normative Legal Acts, Article 6(3). PAGE 17 ANALYSIS OF CURRENT PROCESS

21 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, costeffective 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. PAGE 18 ANALYSIS OF CURRENT PROCESS

22 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 19 ANALYSIS OF CURRENT PROCESS

23 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 20 ISSUES AND CONCERNS

24 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 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 21 ISSUES AND CONCERNS

25 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 22 ANNEX #1

26 ANNEX #2: LAWS REQUIRING CONSTITUTIONAL RECONCILIATION The following laws require reconciliation with the Kyrgyz Constitution as adopted on the referendum dated 27 June 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 23 ANNEX #2

27 The following laws require reconciliation with the Kyrgyz Constitution as adopted on the referendum dated 27 July 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 24 ANNEX #2

28 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 25 ANNEX #2

29 ANNEX #3: LEGISLATIVE DRAFTING WORKFLOW 10 thousand voters, a member of the legislature, the Government (the right of legislative initiative) Draft law accompanied by mandatory - letter justification - document on the current state of legislation Concept of a new law Third Hearing If the draft law passes Second Hearing If the draft law passes First Hearing Jogorku Kenesh Committee Legal and other expert examination Toraga sends the draft law Introduction of a draft law Draft law moves to the Parliament (the Jogorku Kenesh) If the law passes, it is sent to the President for signing President within one month Signs the law Returns the law to the Jogorku Kenesh with objections Fails to sign the law Toraga signs the law KYRGYZ LAW Within 10 days* Law is published Jogorku Kenesh re-passes the law by 2/3 vote of all members of the legislature If the law re-passes, it is sent to the President for signing Law is published Within 10 days* KYRGYZ LAW * 10 days is a general rule Signs the law President Within 14 days Fails to sign the law Toraga signs the law PAGE 26 ANNEX #3