Statement Public Foundation "Common Cause", Association of Legal Entities "Association of Taza Shailoo", Public Foundation "Egl" and Public Association "Agency of Social Technologies"
Statement
Public Foundation "Common Cause", Association of Legal Entities "Association of Taza Shailoo", Public Foundation "Egl" and Public Association "Agency of Social Technologies" regarding registration as a candidate for deputy of the Jogorku Kenesh of the Kyrgyz Republic Toraga of the Jogorku Kenesh of the Kyrgyz Republic Talant Mamytov
On November 9, 2021, by the decision of the Central Commission for Elections and Referendums of the Kyrgyz Republic (hereinafter referred to as the CEC of the Kyrgyz Republic), an amendment was made to the decision of the CEC of the Kyrgyz Republic of October 24, 2021 No. 857 on registration of the list of candidates for deputies of the JK KR, nominated at the congress of a political party "Yntymak", according to which the Toraga of the Jogorku Kenesh of the Kyrgyz Republic Talant Mamytov was registered as a candidate for deputy of the Jogorku Kenesh of the Kyrgyz Republic.
We note that the specified decision of the CEC of the Kyrgyz Republic of November 10, 2021 was adopted in pursuance of the decision of the Administrative Court of Bishkek dated October 28, 2021.
In turn, regarding this situation, we consider it necessary to note the following. In accordance with part 2 of article 21 of the constitutional Law of the Kyrgyz Republic "On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic" (hereinafter referred to as the constitutional law), a candidate, from the moment of nomination, ceases to exercise his official or official powers if he is a state political employees with the exception of a deputy of the JK KR or the President of the KR.
In accordance with the Register of State and Municipal Positions, approved by the Decree of the President of the Kyrgyz Republic of January 31, 2017, UP No. 17, as amended at the time of the nomination by the Yntymak political party at the congress of the list of candidates to the JK KR and submission of documents for registering the list of candidates to the CEC KR, the position of Toraga of the JK KR is political. Consequently, in accordance with parts 2 and 4 of Article 21 of the constitutional law, within five calendar days from the date of the nomination of the list of candidates for deputies of the JK KR at the congress of the Yntymak political party, the CEC of the Kyrgyz Republic should have submitted documents on the termination of T. Mamytov official or official powers.
In turn, the procedure for early termination of powers of the Toraga of the JK KR is regulated by Article 23 of the Law of the KR "On the Regulations of the JK KR", according to which T. Mamytov should have submitted a written application for resignation of the Toraga of the JK KR. The text of the written statement of resignation of the Toraga (resignation) was to be announced by the presiding judge at the meeting of the Jogorku Kenesh and taken into account. At the same time, the termination of powers as a Speaker of the JK KR does not mean the termination of the exercise of powers as a deputy of the JK KR.
Nevertheless, the specified requirements of the law were not met. Speaker T. Mamytov temporarily entrusted his duties to the Deputy Speaker of the JK KR, but this does not mean the termination of his powers as Toraga of the JK KR.
At the same time, it should be especially noted that the specified norms in the constitutional law on the need to terminate the powers of state political employees were introduced in the summer of 2021, and Toraga T. Mamytov himself signed them.
We believe that the decision of the CEC of the KR to refuse T. Mamytov to register as a candidate for deputy of the JK KR was based on the norms of the constitutional Law of the Kyrgyz Republic. However, subsequently, this decision of the CEC of the Kyrgyz Republic was declared illegal and canceled by the decision of the Administrative Court of Bishkek dated October 28, 2021.
Observers of non-profit organizations monitored this case, and also participated in the session of the Administrative Court of Bishkek as listeners. After the CEC of the Kyrgyz Republic submitted a cassation appeal to the Supreme Court of the Kyrgyz Republic, observers also continued to monitor this case.
However, by the ruling of the Supreme Court of the Kyrgyz Republic dated November 2, 2021, the cassation appeal of the CEC of the Kyrgyz Republic was returned. In support of the return, the Supreme Court indicated that the power of attorney of the representative of the CEC of the Kyrgyz Republic was not drawn up properly. However, based on the information provided by the CEC of the Kyrgyz Republic, since the beginning of 2021, this power of attorney has been constantly used by the representative of the CEC of the Kyrgyz Republic in all courts, including in the Supreme Court, both during the early elections of the President of the Kyrgyz Republic, a referendum, and during the elections of deputies of local keneshes of the Kyrgyz Republic. Republic. However, before this case, this power of attorney from the Supreme Court did not cause any complaints. At the same time, according to the testimony of representatives of the CEC of the Kyrgyz Republic, the power of attorney during the consideration of the case of T. Mamytov was also duly certified by the Administrative Court of Bishkek.
In this situation, we believe that the Supreme Court of the Kyrgyz Republic, in fact, evaded from fulfilling the duties assigned to it to consider this case, which does not in the best way affect the image of the country's judicial system. We believe that the Supreme Court of the Kyrgyz Republic should have considered this case on the merits and made a decision that would put a final point on this issue. However, to our great regret, this was not done.
We note that in order to legitimize the electoral process and citizens' confidence in the elected authorities, it is very important that all participants in the electoral process and, first of all, candidates, political parties carry out all their actions within the legal framework.
