The history of formation and development of constitutional control in the Kyrgyz Republic

In the history of Kyrgyzstan, for the first time the institute of Constitutional Control – the Constitutional Supervision Committee of the Kyrgyz SSR was established by the law of the Kyrgyz SSR dated September 23, 1989 “On Changes and Amendments to the Constitution (the Fundamental law) of the Kyrgyz SSR”.

The main objectives of the Constitutional Supervision Committee were defined: ensuring compliance of acts of state bodies and public organizations with the Constitution of the Kyrgyz SSR, protection of constitutional rights and freedoms of the individual, the rights of peoples living on the territory of the Kyrgyz SSR, the democratic foundations of Soviet society.

The Constitutional Supervision Committee was elected by the Supreme Soviet of the Kyrgyz SSR for the term of 10 years among the specialists in politics and law and composed of the President, Vise-President and seven members.

The procedure for the activities of the Committee for Constitutional Supervision was specified by the laws of the Kyrgyz SSR “On Changes and Amendments to the Constitution (the Fundamental law) of the Kyrgyz SSR” dated April 12, 1990 and “On Constitutional Supervision in the Kyrgyz SSR”.

In order to strengthen the guarantees of constitutional legality, in accordance with the law of the Kyrgyz SSR “On the Reorganization of the System of State Authorities and Administration in the Kyrgyz SSR and the Introduction of Changes and Amendments to the Constitution (the Fundamental law) of the Kyrgyz SSR” dated December 14, 1990, the Committee for Constitutional Supervision was abolished and the Constitutional Court of the Kyrgyz SSR, one of the first among the republics of the SSR, was formed.

With the proclamation of the sovereignty of Kyrgyzstan in August 1991 and the adoption of a new Constitution on May 5, 1993, the Constitutional Court of the Kyrgyz Republic was established as the highest body of judicial authority for the protection of the Constitution.

The organization, competence and procedure for the activities of the Constitutional Court were provided for by the Constitution, the laws “On the Constitutional Court of the Kyrgyz Republic” and “On the Constitutional Court Proceedings of the Kyrgyz Republic”.

The President of the Constitutional Court, his deputy and seven judges of the Constitutional Court were elected for a period of fifteen years by the Jogorku Kenesh on the proposal of the President.

Changes in the socio-political and legal spheres of the country led to the reorganization of the system of public authorities, including the termination of the activities of the Constitutional Court on April 7, 2010 until a special decision of the state was made.

The Constitution of June 27, 2010 established the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic.

The Constitutional Chamber is determined as a highest judicial body, which independently performs the constitutional oversight by way of constitutional legal proceeding, and the successor of the Constitutional Court of the Kyrgyz Republic in accordance with the Constitutional law “On the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic”.

As a result of the referendum (popular vote), on April 11, 2021, a new version of the Constitution was adopted, it is enacted by the Law of the Kyrgyz Republic of May 5, 2021. According to the new Constitution, the Constitutional Court of the Kyrgyz Republic was established.

The Constitutional Court is the successor of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic and is the highest body of judicial authority, which performs the constitutional oversight by way of constitutional legal proceeding, the court is independent of any other public authority and is subject only to the Constitution of the Kyrgyz Republic, according to the Constitutional law “On the Constitutional Court of the Kyrgyz Republic”.

The Constitutional Court consists of nine judges: President, Vise-President and seven judges of the Constitutional Court.

Judges of the Constitutional court are elected by at least a half of voices from total number of deputies of Jogorku Kenesh of the Kyrgyz Republic before achievement of the age limit.

The Сhairman of the Constitutional court is appointed the President according to the offer of Judicial council and with the consent of at least a half of voices from total number of deputies of Jogorku Kenesh from among judges of the Constitutional court for a period of 5 years.

The Vice-Chairman of the Constitutional court is appointed the President on representation of the Сhairman of the Constitutional court for a period of 5 years.