Procedures of appeal to the Constitutional Court

Procedures of appeal to the Constitutional Court

The following persons or entities are entitled with the right to appeal to the Constitutional Court:

1) private individual (persons) or a legal entity (entities);

2) the President;

3) Jogorku Kenesh (Parliament);

4) factions, deputy groups of the Jogorku Kenesh;

5) the Cabinet of Ministers;

6) the Supreme Court;

7) bodies of local self-governances;

8) the Prosecutor General;

9) the Akyikatchy (Ombudsman);

10) judge (judges) of the Kyrgyz Republic.

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Requirements to the content of appeals to the Constitutional Court

Art. 27, 28 of the Constitutional Law “On Constitutional Court of the Kyrgyz Republic”

An appeal to the Constitutional Court shall be submitted in written form and signed by the authorized person(s).

Appeals as well as materials attached thereto are submitted in the state or the official language.

The appeal should contain the following information:
1) the name of the Constitutional Court;
2) the name, address and other necessary information of the appellant;
3) the name, address and other necessary information of the representative of the appellant and his / her powers, except the cases of ex officio representation;
4) the name and address of a state agency or official who signed or issued a normative legal act, the constitutionality of which should be verified;
5) provisions of the Constitution and the present Constitutional Law justifying the appeal to the Constitutional Court;
6) the circumstances which the party uses for its appeal and evidence confirming the fact stated by the party;
7) detailed title, number, date of adoption, sources of publication as well as other requisites of the challenged normative act;
8) concrete grounds for the review of appeal as stated in the present Constitutional Law;
9) position of the appellant on the issue posed and the legal justification with reference to the relevant provisions of the Constitution;
10) appeal to the Constitutional Court in relation to the representation, petition or request thereto;
11) list of documents attached.

The following documents must be attached to the appeal:
1) the copy of the text of the normative legal act, the constitutionality of which is challenged in whole or in part by the appellant;
2) power of attorney or any document confirming the authority of the representative except for cases of ex officio representation.

If necessary, the appeal may have an attachment with the list of persons to be summoned to attend the proceedings of the Constitutional Court and their addresses, as well as other documents and materials can be also attached.

Procedures and deadlines for the review of an appeal

Art. 30, 31 of the Constitutional Law “On Constitutional Court of the Kyrgyz Republic”

The petition received by the Chairman of the Constitutional Court shall hand over the appeal to the panel of judges.

The panel of judges shall make one of the following decisions within 30 days:

– the ruling on acceptance of the appeal for proceedings
– the ruling on refusal to accept the appeal for proceedings

The ruling can be appealed against in the Constitutional Court within 3 months.

The Constitutional Court shall review the appeal accepted for proceedings and adjudicates within 6 months since the date of acceptance of the appeal for proceedings.

In cases concerning the interpretation of the Constitution, as well as those related to the request of a judge (judges), an act of the Constitutional Court must be issued within two months.

In cases on giving an opinion on compliance with the established procedure for bringing charges against the President, the act of the Constitutional Court must be issued within one month.