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Law review for September 7-11, 2020

IBC
September 13, 2020

The Government makes changes to the procedure for the activities of honorary consular officials of foreign states in the Kyrgyz Republic

On September 11, 2020, the Resolution of the Government of the Kyrgyz Republic of September 2, 2020 No. 465 "On Amendments to the Resolution of the Government of the Kyrgyz Republic "On Approval of the Regulation on the Procedure for the Activities of Honorary Consular Officers of Foreign States in the Kyrgyz Republic and Consular Institutions headed by such Officials" dated August 15 2017 No. 483.

The document was developed in order to improve the criteria for selecting candidates for the post of honorary consular officials of foreign states in the Kyrgyz Republic.

It is recommended that honorary consuls, at least once a year, submit to the consular service of the Ministry of Foreign Affairs of the Kyrgyz Republic information (non-confidential) about their work in the Kyrgyz Republic on the development of trade, economic, cultural, scientific, and tourism relations between the represented state and the Kyrgyz Republic. The provided information, with the consent of the honorary consul, can be published to familiarize the general public with their activities.

When carrying out the selection procedure for appointment as an honorary consul, candidates who have made a significant contribution to the socio-economic development of the Kyrgyz Republic, who have provided charitable assistance in the territory of the Kyrgyz Republic, and who have created jobs for citizens of the Kyrgyz Republic have the priority right.

Link: https://www.gov.kg/ru/npa/s/2682

The Agreement on the rules for ensuring product safety within the EAEU approved

On September 10, 2020, the Resolution of the Government of the Kyrgyz Republic of August 27, 2020 No. 452 “On approval of the Agreement on the procedure for circulation within the Eurasian Economic Union of products, requirements for which are not established by the technical regulations of the Eurasian Economic Union, and the rules for ensuring the safety of such products, signed on February 3, 2020 in the city of Moscow ".

Link: https://www.gov.kg/ru/npa/s/2680

The President of the Kyrgyz Republic signs an objection to the Law "On Amendments to Certain Legislative Acts in the Sphere of Criminal Legislation"

Due to the presence of a number of grounds, on September 6, President of the Kyrgyz Republic Sooronbai Jeenbekov submitted an objection to the Law of the Kyrgyz Republic "On Amendments to Certain Legislative Acts in the Sphere of Criminal Legislation" in order to develop an agreed option.

The law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on June 25, 2020.

The grounds for the objection were some amendments to the Criminal Code of the Kyrgyz Republic (CC) and the Criminal Procedure Code of the Kyrgyz Republic (CPC).

In particular, the norm proposed by part 7 of Article 62 of the Criminal Code provides that if the person subject to notification of suspicion has not been established, the criminal case shall be terminated upon expiration of the statute of limitations for criminal liability.

The head of state noted that the proposed changes pose risks for corruption in the bodies of inquiry and investigation during the pre-trial proceedings and proposed to leave this norm in the current edition.

The new version of Article 114 of the Criminal Procedure Code regulates the use of bail as a measure of restraint in relation to persons suspected or accused of committing crimes. However, the list of crimes and cases for which bail as a preventive measure is not established does not include all corruption crimes committed by officials.

Considering that corruption crimes pose a significant danger to society and the state as a whole, it is proposed to expand this list taking into account the above crimes.

By the adopted Law, paragraph 3 of part 4 of Article 442 and paragraph 3 of part 4 of Article 444 of the CCP, which provide for the grounds for the resumption of proceedings in the case, as well as the timing of the resumption of proceedings, were declared invalid.

The adoption of the above amendments may lead to the restriction of everyone's constitutional rights to protect their violated rights and freedoms in all ways not prohibited by law, including, in accordance with international treaties, apply to international human rights bodies, the head of state noted. This is unacceptable in the realities of a democratic state, whose highest values are a person, his life, health, rights and freedoms.

The submission of an objection to the Jogorku Kenesh of the Kyrgyz Republic was entrusted to the Minister of Internal Affairs of the Kyrgyz Republic.

Link: http://www.president.kg/ru/sobytiya/17692_prezident_sooronbay_gheenbekov_podpisal_vozraghenie_k_zakonu_kr_o_vnesenii_izmeneniy_v_nekotorie_zakonodatelnie_akti_v_sfere_ugolovnogo_zakonodatelstva