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: / Analytics / Corruption in Kyrgyzstan. Center of Public Opinion Studies and Forecasts (2000)




Kyrgyzstan Review, 10 years ago




8. KYRGYZ LEGISLATION AND CORRUPTION

At the current stage of economic restructuring there appeared various activity fields and control fields accordingly: subsidies, credits, licensing, the right to implement large-scale social projects and so on. Very often there no clear legislation regulating the new activity fields and this is a good foundation for corruption. Lack of appropriate legislation can be manifested through a bad quality of laws, imperfection of the legal system, and vagueness of the legal procedures.
 
With the purpose of finding out the opinion of our respondents about the legislation of the Republic, all the participants have been asked the question: Does the Kyrgyz legislation meet the requirements of the real life conditions and does it not provoke the corruption development?
 
The trends of the answers between the population and law-enforcement bodies` representatives are close. Thus the relative majority of the population (37 %) and law-enforcement bodies` representatives (50%) think that the Kyrgyz laws are imperfect and therefor create basis for the corruption development. 25 5 of the population and 21 % of the law-enforcement officials believe that the Kyrgyz laws meet the present life requirements. The rest 19 % of the law-enforcement officials and 13 % of the population think that the Kyrgyz laws are deliberately inserted with ambiguous norms that create the foundation for the corruption development. It should be noted that one fourths of the population find difficulty to assess our legislation and this is explained by a low level of legal issues knowledge and a legal culture among the overwhelming portion of the population.
 
Diagram 20. Correspondence of the legislation with the real life conditions(opinion of law-enforcement officials)
 
the Kyrgyz laws are imperfect and therefor create basis for the corruption development
 
 
the Kyrgyz laws meet the present life requirements
 
 
the Kyrgyz laws are deliberately inserted with ambiguous norms that create the foundation for the corruption development
 
 
Find difficulty to answer
 
 
%
 
Question: Does the Kyrgyz legislation meet the requirements of the real life conditions and does it not provoke the corruption development?
 
The businessmen had a slightly different point of view. 50 % of the government employees and 45 % of the businessmen state that the Kyrgyz laws are imperfect and therefor create a basis for the corruption development. 21% and 17 % of the government employees believe that the Kyrgyz laws are deliberately inserted with ambiguous norms that create the foundation for the corruption development. And the opinion that the Kyrgyz laws meet the present life requirements is expressed only by 14 % of the businessmen and 9 % of the government employees.
 
The more critical assessment of the present legislation by government employees, law-enforcement officials and businessmen in comparison with the population is explained first of all by the fact that the representatives of these categories have a higher level of a legal education and in the process of work deal more often with a law application.
 
We decided to make the question more concrete and find out what particular laws in the respondents` opinion provoke the corruption development.
 
Only 20 % of the respondents stating that the Kyrgyz laws are imperfect and therefor create basis for the corruption development, could name specific laws. They referred to Taxation Code, customs Code, Criminal Code, and Kyrgyz Constitution. It is very demonstrative that 80 % of the all category respondent find difficulty to answer this question. Exception was the law-enforcement officials where the percentage of people who found difficulty to answer was minimal 64 %. If these difficulties among the population and businessmen are explained by a legal ignorance, then the high percentage of people finding difficulty to answer among the government employees suggest an idea that whether they are not professional or they know contradictions in laws but have no desire to reveal them. Since these contradictions in legislation allow the state servants to create ideal conditions for bribing and blackmailing the citizens.
 
The above-mentioned assessments of the Kyrgyz legislation confirm the necessity of the analysis of the whole legal system to find special risk zones and make it comply with the real country development conditions. The major role here must be played by a development and adoption of the Law on corruption in Kyrgyzstan. It was not within the scope of our survey to analyze the current legislation and find contradictions encouraging the corruption rise in the country.
 
Therefor we will mention only the fat that the relative majority about half of all our respondents tend to think that the Kyrgyz laws are imperfect and therefor create basis for the corruption development; about one fifths of the them think that the Kyrgyz laws are deliberately inserted with ambiguous norms that create the foundation for the corruption development. It has been found out that Taxation Code, Customs Code, Criminal Code, and Kyrgyz Constitution are not perfect. A range of a widely spread offences having a corruption property are not covered by the present Criminal Code, the later does not allow to efficiently combat the corruption in Kyrgyzstan.