91. Building a harmoniously developed democratic society requires substantial legal reform, which should cover the whole legal system. Political, economic and social reforms carried out in Kyrgyzstan have necessitated intensive law making. The Constitution serves as the basis for active renewal and improvement of the legislation to make it consistent with human rights, democratization of state administration, and to ensure success of market adjustments.
Over 1,100 laws were passed in Kyrgyz Republic in the period from January 1, 1991 to July 1, 2002.
92. At the same time, political, social and economic changes at times move ahead of the law-making process. Many legal documents adopted at the dawn of radical reform contain outdated regulations and do not comply with Kyrgyzstan’s obligations under international and inter-government agreements. This, in turn, directly affects the timeframe and effectiveness of measures meant to support economic growth and social development.
Much work has been done in recent years to eliminate issues, analyze and streamline legal documents and ensure their enforcement. In the period from March to July 2001 alone, over 150 laws, 30 Presidential decrees and over 300 Government decisions were reviewed. Four draft laws, four draft Presidential decrees and twenty-three draft Government decisions were developed in order to bring the main laws and regulations into order. Later on, the drafts were approved by the Government of Kyrgyz Republic and were forwarded for review to the Jogorku Kenesh of the Kyrgyz Republic. In August 2001, a Government decision established an inter-departmental commission in the Ministry of Justice to review proposals on improvement of legislation and submit appropriate legal drafts to the Government. Thus, the analysis and improvement of legislature is now done on a continuous basis.
93. The legislative process in the Republic is carried out in very complex conditions. The rapid pace of reform forces the State to provide a quick legislative response to the new public relations. This, in turn, affects the quality and consistency of legislature. The main issues in the legislative process include:
· lack of an overall scientific concept of law-making in the Republic;
· inadequate legal culture, lack of clear reference points for amendment of existing laws;
· declarative nature of many laws without clear implementation mechanisms; duplication of norms in various laws; adoption of new norms along with the operation of the old ones;
· the rule on immediate effectiveness of laws, decrees, and decisions from the moment of publishing does not allow officials and citizens to carefully study the new legal documents, and thus leads to their adequate and timely application;
· absence of the analysis on the legal activity of citizens; lack of the system for processing of population’s proposals on improvement of legislation; lack of activities on improvement of legal culture in the society;
· lack of clear guidelines in legislative regulation leads to a confusion of laws and sub-law documents (often the drafting instruction are only at the level of department instruction); and
· lack of specialized assessment of scientific, economic, and social validity of laws and forecast of their impact.
94. The instability of existing laws negatively affects their implementation quality. Frequent amendment of laws soon after their adoption causes confusion and legal collision. There are cases of contradictory parallel legal documents. All of this cannot but undermine the trust of prospective investors.
95. Weakness of legal services in central and local state administrations affects the law implementation quality.
96. The availability and accessibility of existing legal documents is limited for citizens, state agencies (especially in remote areas), the private sector and NGOs. The National Computer System of Legal Documents, Toktom, has limited public access, and legal documents are printed in insufficient quantities.
97. The capacity of NGOs is still not fully used, especially the capacity of professional that can assist in preparation of draft laws and their assessment.
98. There is little coordination of legislative activities among the parliament deputies, Government and other agencies that, according to the Constitution, have the right for law-making initiative. The consultations held by the newly established coordination commissions have not brought about the expected result.
99. The objective in the legislative area is to stabilize and create a favorable legal and institutional environment; raise the effectiveness of law making; streamline existing laws; and in general improve the legislative framework.
Legal reform is based on the priority of human values, democratic principles of public administration, encouragement of the civil society and development of the legal framework for promotion of reforms in the interests of human development and reduction of poverty.
100. The priority areas of the forthcoming legal reforms include:
development of the law-making concept, streamlining of existing legislation;
elaboration by the participants of the law-making process of consistent action plans and schedule of reviewing draft laws with consideration of goals identified in CDF/NPRS;
active work of the joint commission on coordination of law-making activities of state agencies comprising representatives of the parliament, the Government, courts, and President’s Administration;
active cooperation in the process of law-making with the civil society;
establishment of a law drafting institute;
improvement of the legislative methodology and procedures, substantiation and forecasting of implementation effectiveness;
improvement and revision of the second generation market regulations – laws and other legal documents adopted in the period between 1995 to 1999;
accessibility of all legal documents for citizens, private sector, , and local authorities;
training and retraining of legal personnel, capacity building in the parliament and legal units of the executive and judicial power; and
financial analysis of the existing legislation, draft laws, and other legal documents.