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Analysis of a draft law of the Kyrgyz Republic “On amendments in certain legislative acts of the Kyrgyz Republic” (Laws of the Kyrgyz Republic “On non-commercial organizations”, “On state registration of legal entities, branches (representative offices)”)

21.04.2020 Events

On December 31, 2019, on the official website of Jogorku Kenesh (Parliament) of the Kyrgyz Republic, a draft law of the Kyrgyz Republic “On amendments in certain legislative acts of the Kyrgyz Republic” (Laws of the Kyrgyz Republic “On non-commercial organizations”, “On state registration of legal entities, branches (representative offices)”) was posted for public discussion. The imitator is a deputy of the Jogorku Kenesh Raimkulov B.
It is worth mentioning that the draft law requires non-commercial organizations (NGO) to provide additional reporting to state bodies with a large amount of information about its performance management, including information of income sources, expenses, size and composition of the employees and their wages. Therefore, the proposed initiative is, in fact, another effort by the authorities to assume greater control over the non-commercial sector.
Based on the results of the analysis of the regulations of the draft law “On amendments to certain legislative acts of the Kyrgyz Republic”, it can be concluded that this draft law in version posted for public discussion contains a lot of legal norms that bear serious challenges and threats to the democratic values of the rule of law. Individual structural components of the draft law contradict universally accepted principles and norms of international law, as well as constitutional guarantees and the legislative framework of the Kyrgyz Republic. 
These contradictions are, in particular:
 non-compliance with the requirements of international human rights standards and
constitutional guarantees regarding acceptable, meaning lawful and proportionate
restrictions on human rights and freedoms;
 discrimination by determining only three legal forms of non-commercial organizations, in
respect of which it is envisaged to establish additional forms of accountability;
 duplication of the current legislation in terms of providing various information regarding
the NGOs activities in the framework of periodic reporting;
 gross non-compliance with the legal requirements for drafting laws and regulations.

The full text of the Analysis is available here.

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