{"id":7714,"date":"2017-05-11T15:15:58","date_gmt":"2017-05-11T09:15:58","guid":{"rendered":"https:\/\/constsot.kg\/?p=7714"},"modified":"2017-05-29T15:29:41","modified_gmt":"2017-05-29T09:29:41","slug":"a-href-http-constpalata-kg-wp-content-uploads-2017-05-ky-rg_vy-stuplenie-pdf-ky-rgy-z-respublikasy-ny-n-zhogorku-sotunun-konstitutsiyaly-k-palatasy-ny-n-t-ragasy-e-t-mamy-rovdun-konstitutsiyaly-k-pa","status":"publish","type":"post","link":"https:\/\/constsot.kg\/en\/vystupleniya_sudei\/a-href-http-constpalata-kg-wp-content-uploads-2017-05-ky-rg_vy-stuplenie-pdf-ky-rgy-z-respublikasy-ny-n-zhogorku-sotunun-konstitutsiyaly-k-palatasy-ny-n-t-ragasy-e-t-mamy-rovdun-konstitutsiyaly-k-pa\/","title":{"rendered":"The Constitutional Chamber of the Kyrgyz Republic as a Guardian of fundamental rights<\/a>"},"content":{"rendered":"


\nErkinbek MAMYROV
\nPresident
\nConstitutional Chamber
\nSupreme Court
\nKyrgyz Republic
\nThe Constitutional Chamber of the Kyrgyz Republic as a
\nGuardian of fundamental rights
\nLadies and gentlemen!
\nDear Zuhtu ARSLAN,
\nFirst of all, allow me to greet all participants of the conference and to congratulate the Constitutional Court of the Republic of Turkey on its 55th anniversary on behalf of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic. I would like to express gratitude to the organizers for the invitation to participate and the opportunity to speak at such a significant event, which is an important platform for the exchange of experience between the bodies of constitutional control.
\nUndoubtedly, the theme of the conference is very relevant as ensuring constitutional legitimacy is the most important requirement for existence and development of any democratic constitutional state where human rights and freedoms are recognized and guaranteed.
\nHistory has shown that declaration of the human and citizen rights and freedoms without a clear legal mechanism for their provision and protection does not give these rights and freedoms opportunities for implementation.
\nThe Kyrgyz Republic is not an exception and recognizes the need to create and strengthen a full-fledged effective system for the protection of human and citizen’s rights.
\nThe Constitutional Chamber is one of the institutions that protects human rights and freedoms of citizens through ensuring constitutional justice.
\nThe protection of human rights and freedoms by the Constitutional Chamber is
\nimplemented through normative control. We assess compliance of the disputed norm
\nwith the legal act of the highest legal force – the Constitution.
\nThe Constitution of the Kyrgyz Republic grants everyone the right to challenge the
\nconstitutionality of the law or any other normative legal act if they consider that those
\nacts violate the rights and freedoms recognized by the Constitution. However, the
\nConstitution does not connect this action with the direct violation of the rights and
\nfreedoms of the treated subject. This type of constitutional control, called abstract,
\npursues the goal of ensuring compliance with the Constitution and its provisions
\ngoverning human rights and freedoms in the process of adopting normative and legal acts
\nby the rulemaking body.
\nUndoubtedly, this abstract type of control has given more citizens the opportunity
\nto protect their rights through constitutional justice. An analysis of appeals submitted to
\nthe Constitutional Chamber shows that the number of applications from citizens whose
\nrights were not directly affected by the disputed acts is half of all the appeals to the
\nConstitutional Chamber.
\nThe review of the decisions made by the Constitutional Chamber shows that most
\nof the cases examined since its foundation are related to the protection of fundamental
\nhuman rights and freedoms.
\nIn particular, there are decisions aimed at protecting the right to freedom of
\nreligion. The Constitutional Chamber expressed its legal position on this issue and
\npointed out that everyone has the right to freedom of thought, conscience and religion,
\nand a person or group of persons professing a particular religion should not be in a
\npreferential position in comparison with representatives of another religion.
\nWhile defending the right to freedom of expression, freedom of speech and free
\npress, the Constitutional Chamber pointed out that the Constitution of the Kyrgyz
\nRepublic considers the right to freedom of expression, freedom of speech and free press a
\nsingle and inseparable right to think freely and express oneself in words without fear of
\nprosecution by the state. At the same time noting that such a right should be implemented
\nresponsibly and to the extent when it does not violate the rights and freedoms of other
\npersons established by the Constitution of the Kyrgyz Republic.
\nOn the right to freedom of association, the Constitutional Chamber indicated that it
\nincludes the right to become a member of an association without obtaining any special
\npermission from the state body.
\nThe peculiarity of the right to association includes not only the complete freedom
\nof expression of the will of citizens to unite, but also such inalienable components as the
\nopportunity to independently define goals and objectives, work out ways to solve them,
\nand many other signs based on independency.
\nOn several aspects of the right to judicial protection, the Constitutional Chamber
\nhas repeatedly stated its position. In particular, in one of its decisions it was stated that
\npersons in relation to which criminal cases were initiated have the right to appeal against
\nthe investigator’s decision to initiate criminal proceedings. At the same time, the court
\nmust find out, first of all, whether the investigator has followed the procedure for issuing
\nthe decision, whether there are any grounds for initiating a criminal case, and if there are
\nno circumstances precluding the proceedings.
\nI would like to draw your attention to the fact that, if the Constitutional Chamber
\nrecognizes the norms of the law as unconstitutional, the actions that are based on it and
\nviolate the constitutional rights and freedoms of citizens cease.
\nWe understand that ensuring the supremacy of the Constitution and its direct
\neffectiveness on the country\u2019s territory depends to a large extent on the quality of
\nexecution following the decisions made by the Constitutional Chamber, especially the
\ndecisions that indicate the presence of legal gaps in legal regulation. The first positive
\ntrend is that legislators and law enforcements take into account the decisions made by the
\nConstitutional Chamber. This has a positive effect on the level of constitutional legality
\nin the country and the provision of the rights and freedoms guaranteed by the
\nConstitution.
\nIn conclusion, I would like to restate that the protection and observance of the
\nbasic rights of citizens is one of the most important duties of the state in which the
\nConstitutional Chamber plays a significant role.
\nThank you for your attention.<\/p>","protected":false},"excerpt":{"rendered":"

Erkinbek MAMYROV President Constitutional Chamber Supreme Court Kyrgyz Republic The Constitutional Chamber of the Kyrgyz Republic as a Guardian of fundamental rights Ladies and gentlemen! Dear Zuhtu ARSLAN, First of all, allow me to greet all participants of the conference and to congratulate the Constitutional Court of the Republic of Turkey on its 55th anniversary […]<\/p>\n","protected":false},"author":36,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[25],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/posts\/7714"}],"collection":[{"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/users\/36"}],"replies":[{"embeddable":true,"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/comments?post=7714"}],"version-history":[{"count":3,"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/posts\/7714\/revisions"}],"predecessor-version":[{"id":7910,"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/posts\/7714\/revisions\/7910"}],"wp:attachment":[{"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/media?parent=7714"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/categories?post=7714"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/constsot.kg\/en\/wp-json\/wp\/v2\/tags?post=7714"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}