“Constitution of Kyrgyz Republic: without right to development?” (live updates)
| Today, 24.kg news agency hosts a round table discussion “Constitution of the Kyrgyz Republic: without right to development?” The discussion is attended by government officials, in particular the representatives of the head of state in the Parliament, in the Constitutional Chamber and the head of the Department of Presidential Administration, as well as legal experts.
11. 22 “There is no doubt, in my opinion, that the Constitution needs to be amended,” the deputy of the Parliament Iskhak Masaliev (Onuguu-Progress) said. He immediately warned the media that he was not among the authors of the bill, although he is a member of the faction, leader of which was among the initiators. “I, like you, have learned about it from the media, and I also have a number of questions on the bill. There is no doubt that the Constitution needs to be amended, another thing – how and in what way. But if the Presidential Administration gives an explanation, they, probably, know more,” the MP said. In general, Iskhak Masaliev called the initiative an attempt to bring the current Constitution in line with today’s realities. 11:30. About amendment of Constitution procedure “I have most of the questions not to the amendment of the Constitution, but the procedure of the amendment,” the expert Tamerlan Ibraimov said. He explained that the procedures that are currently used to change the Basic Law “create risks for the legitimacy of the Constitution which may be adopted at a referendum.” “The second thing that worries me is the allegation that the people want the changes. Have there been conducted any polls or research on this subject?” PhD in law wondered. |
He once again reminded that, according to the decree of the Provisional Government, the Parliament can not change the Basic Law before 2020, and the people can, but who asked them? “There is no unity, as it turned out, even in the Parliament. Ata Meken faction is against, Iskhak Masaliev, who is here, says he was not aware of it… And all this says that we are far from the ideal process of adopting a new Constitution,” the lawyer concluded.
11:45. About “highest values”
Felix Kulov: “I am alarmed by these “highest values,” which they want to include in a new Constitution.”
The leader of Ar-Namys party expressed surprise by blurred concepts. “We declare that we have a secular state but at the same time introduce the concept of “happiness.” And if for someone happiness lies in building a caliphate? Contradiction? Yes!” he brought an example.
Felix Kulov has no doubt that Article 41 (on international treaties) is changed due to the case of Azimzhan Askarov. “Even if we change it, but Kyrgyzstan remains a party to international treaties, we will have to implement them. Or it is necessary to denounce and cancel their force,” the former parliament deputy said.
Even more he was surprised by the norm on deprivation of nationality. “And what we are going to do with this man? Send him out? So it is better to put him in jail or immediately kill, I apologize for being rude. In an extreme case – to deprive him of the right to vote,” Felix Kulov offered.
11:55. About “mines” in the Constitution
“And if not representative of the Social Democratic Party becomes the President?” Felix Kulov wondered, speaking of the “mines” in the Constitution and expressed doubt that in this case, the future head of state will allow the representatives of the Social Democratic Party to dominate in all state structures, as it can be seen today.
“But it is not Atambayev’s fault, it is not the usurpation of power, but an objective reality, and this must be considered. Good it or bad – it is another question,” the politician stated.
Felix Kulov spoke out sharply against the approach that would be applied to the Constitutional Chamber under the new edition of the Basic Law. “We question their competence and are going to constantly re-check them like bad students,” he concluded.
| 12:05. About parliamentary powers
“If a deputy does not lose authority, but becomes the Prime Minister, who will push the buttons for him? His assistant?” a professor Zainidin Kurmanov asked. He explained that this is practiced in England, but there is a majoritarian system, and the Parliament of the Kyrgyz Republic is formed by party lists. “This moment is not well thought out, as well as the 41st article on the international treaties, even if you change it and hang a halo above it, it is necessary to fulfill the obligations. There is no absolute sovereignty, it is not anywhere,” the expert said. He also recalled that the world is moving away from the adoption of the Constitution at a referendum. “Everybody understands that this is a complex law, not everyone can understand. There you can raise simple questions, for example, to choose the form of government. Even the USSR was more honest in this. So we should also make it and the constitutional itching will end immediately. The country does not have constitutional movement, if it was, then, the citizens want changes, if not, then the political forces want them,” Zainidin Kurmanov exaplained. 12:10. About acting Constitution The acting Constitution of the Kyrgyz Republic was also adopted with violations. This was stated by Professor Zainidin Kurmanov. “Because there was no legitimate Parliament, and the government has no right to legislative initiative. They had to collect 300,000 signatures, but they failed. Therefore, anyone who wants can go and oppose the acting Constitution,” expert reminded. He tossed the idea to the participants of the referendum how to circumvent the law banning amendments to the Constitution till 2020. “We need to raise the question at the referendum and only then to change the Constitution,” the Professor said. 12:20. About threat to loose power Professor of Law Bekbosun Borubashov: “I was against the Constitution of 2010 and said that it was not ready. We have seen how the country was ruled on the basis of it. Omurbek Tekebayev only recently bragged, telling how they changed prime ministers.” Head of the Legal Support Department of the Presidential Administration Anarbek Ismailov agreed: “Yes, it is not perfect, but no one could have foreseen the challenges that we see today. There is a real risk of loosing power over the country under this Constitution.” 12:35. About public discussion Presidential Administration Lawyer Anarbek Ismailov said that, while there is a public debate on amendments to the Constitution, everyone can express views and suggestions. He urged citizens to actively participate in the debates, expressing confidence that “the authors will listen to them.” “And I do not like when people say that we should not raise such questions at the referendum as the people will not understand. I’m hurt by this kind of “elitism” because the basic postulate – the source of power is the people,” the expert recalled. 13:00. About originals of Constitution Human rights activist Toktaiym Umetalieva said that original texts of the Constitution and documents on its entry into force have disappeared in Kyrgyzstan. She claims that this is confirmed by the court, and showed a decision on her claim. “The Constitution says that the basis is a text in the Kyrgyz language, but it is not. There is only one in Russian. But at the same time, the text of the Basic Law in different bodies is different, and there was even a parliamentary commission, which has found that there is not a single copy of “Erkin-Too” newspaper with the adopted Constitution. Later on, Mr. Tekebayev has issues a version for 6,000 euro, which is now used by all,” she told. She believes that today experts can not understand exactly what text to take as a base and what to the change in it. 13:15 About necessity of Constitutional Council “If you want at least some legitimate process of adopting a new Constitution, it is necessary to convene Constitutional Council,” Temirlan Ibraimov said, summing up the results of the round table. Addressing the representatives of the Presidential Administration, the expert was outraged by the fact that the MPs say: “Give us your suggestions and we’ll decide what to submit and what not.” “It causes doubts, because the sad experience of the whole humanity, and the logic of things suggest that the existing political forces always want to carry out reforms to their advantage, especially before the change of government, and we have such a moment. But in order to move forward, we should not necessarily change the Constitution. The problem is not in it but in our inobservance. We do not need to adjust laws for ourselves but should adapt to the laws. Then we will begin developing faster,” the lawyer said. http://www.eng.24.kg/vlast/181612-news24.html |
