On the historical path of Kirghiz people, although it was formed by our consciousness, Nat. language and culture, had his own land, to-Rui know other people are not always able to have a centralized state. authority. For centuries, the tribes were to-rye in its composition, lived on their own. They joined together and fought together only in cases of national danger. In peacetime, each tribe living in its territory under the control of their leaders.
The Russian Empire at the beginning of the 2nd half of the 19th century., After the accession of Kirghiz, did not protect them Nat. interests, but on the contrary, their lands were divided into three parts, and annexed them to the Admiral. territories of the other two people – Uzbeks and Kazakhs: Issyk-Cal, Naryn, Chui were attached to the Jeti-Suuskoy area, the center of a swarm was correct, the (Almaty), Talas – Oluya-Ata to the county Syr-Darya region, and the land south. Kirghiz were attached to Ferghana. And, despite the fact that they stood at the head of Russian officials, it was feared that the Kirghiz may disappear among the neighboring nations. This state is maintained even after the February and October revolutions in Russia.
After the October Revolution, the active representatives of the Kirghiz people in an attempt to reassemble his people into a unified whole is constantly put in front of the central government the question of unification. This issue was resolved in the formation of nat. republics in Central Asia. October 14, 1924 was established Kara Kyrgyzskaya Autonomous Region of the RSFSR (1925 Kyrgyzskaya AO). February 1, 1926, this region becomes Kyrgyzskoy ASSR, and December 5, 1936 Kyrgyzskoy SSR.
In the Soviet years of a socialist state is rigidly dictated the centralization of the entire system of government, and eventually the concept of the right of nations to self-determination up to secession was a purely declarative. The Republic could not go beyond, not provided for the economy, budget, policy and ideology of the Soviet Union could not maintain the advantage of relationships with other states. Even for the construction of any major economic facility required the consent of Moscow. No authority can not act alone without the approval of the Central Committee of the CPSU, in fact, is the supreme authority.
August 31, 1991 Jogorku Kenesh adopted a Declaration on State Independence of the Republic of Kyrgyzskoy, in a swarm-proclaimed independence and sovereignty, Jogorku Kenesh solemnly declares state sovereignty, which is independent of external relations and the supremacy of state authority in the territory Kyrgyzskoy Republic. The declaration stated the purpose of the sovereign Kyrgyzstan to build a democratic society based on law and the law. By the inherent fundamental rights of internal and external areas of the sovereign Kyrgyzstan include: the supremacy of the Constitution and laws throughout the country, integrity and unity of territory, the definition of an administrative-territorial system, receiving the citizenship or out of it, the granting of asylum, the definition of punishment, the presence of State. language, privatization, the use and ownership of all natural resources: land, water, groundwater resources, air space, forests, flora and fauna, the presence of an independent state. power based on the legislative, executive and judicial branches of government, the presence of the monetary system, conscription and the content of military force to protect, the assignment of military ranks, diplomatic ranks, class ranks, state. awards and honorary degrees, their own state. symbols – the flag, emblem and anthem. The independence of state. power within the country and its independence from other states in the Constitution of the Kyrghyz Republic May 5, 1993.
The Constitution of the Republic of Kyrgyzskoy. Identifies and establishes the foundations of the social system of Kyrgyzstan, its economic and political system, state structure. power and controls, rules and principles of their construction, basic rights, freedoms and duties of citizens.
The Constitution of the Republic of Kyrgyzskoy based on historical, political, spiritual, human values, its main areas – a mixed economy and the deepening of democratic principles, protecting and preserving the sovereignty of the Republic. The Constitution was adopted by the Parliament May 5, 1993. February 10, 1996 and October 17, 1998 at referendums have been made, changes and additions.
The Constitution of the Republic has supreme juridical force. All the regulations state. bodies shall be promulgated in accordance with the principles of the Constitution. Changes and additions to the Constitution shall be made if the number of votes cast by MPs of the two chambers of parliament, will be at least 2/3, respectively – on the results of the referendum.
The Constitution consists of eight chapters, to-rye considering regulatory areas of public relations, 12 sections of the legal areas, 97 articles on the specificity of legal norms. The first chapter is called Kyrgyzskaya Republic and is divided into sections: General Principles (6 tablespoons.) And The structure and activities of the State (Article 6).. According to her Kyrgyz Republic (Kyrgyzstan) – a sovereign, unitary, democratic Republic, constructed on the basis of a legal, secular state. The people of Kyrgyzstan is the bearer of sovereignty and the sole source of state. authorities. Citizens elect the President of the Republic, deputies of the two chambers of the Jogorku Kenesh and their representatives in local government. Elections are free and are held common secret, direct and equal suffrage. In the election are eligible citizens who have reached 18 years of age, regardless of race, national origin, sex, religion, education, domicile, social origin, are not eligible to participate, and only the mentally ill persons in prisons. The state and its agencies do not serve any particular part of society, and all the people. Some of the people, unification or individual does not have the right to assign the state. authority.
In the 4th century. section General Principles defined system of state ownership and equal treatment of all types of property. State. and private property have equal legal protection. Natural resources Kyrgyzskoy of state-owned. The land may be in the state., Private and other forms of ownership. Private ownership of land is legally enshrined in Kyrgyzstan October 28, 1998 referendum. In April 1999 Jogorku Kenesh introduced a five-year moratorium on the sale of land: from September 1, 2001, under Chapter 7 of the Law On Agricultural Land Management (18.12. 2000), agricultural land destination, as the object of sale may be sold by the owner of agricultural land share others use only the owners of land shares of the land (v. 15). Buyer of agricultural land destination can be a villager who has attained 18 years of age and having the nationality of Kyrgyzstan (Article 17), and has resided in rural areas at least two years (Article 6). The maximum size of land – less than 50 hectares (v. 18). Earth Foundation redistribution of agricultural lands are not sold (with the exception cf. 20). Earth pastures are the exclusive property of the state and can only be transferred on lease (Article 21).
The state does not directly control the economy, the primary mechanism for control of the economy are market relations.
Article 5 states: state. Kyrgyzskoy language Kirghiz Republic is the language. Not allowed infringement of the rights and freedoms of citizens on grounds of ignorance or non-possession of state. language. Since 2000, along with kyrgyzskim, is the official and the Russian language.
Kyrgyzskaya Republic has a state. symbols – the flag, emblem and anthem. Capital Kyrgyzskoy Republic – Bishkek. The monetary unit is the catfish, introduced May 10, 1993 in order to implement economic reforms and an independent economic policy.
Under the Constitution, The structure and activities of the state defined the foundation of the constitutional system, in a swarm of state approved. political and legal principle – the distribution of the branches of state. power and protection of the Constitution by the Constitutional Court of the Republic of Kyrgyzskoy.
Separation of state. branches of government is based on the principle of checks and balances. His branch of state functions. power – legislative, executive and judicial – is carried out independently and, while maintaining their independence, are working together. As a result, help each other to be equals, not supposing that one branch amplified by the other. Using the principle of checks and balances is a way of limiting the state. power and does not allow for abuse.
State power Kyrgyzskoy of the following principles: the rule of government by the people, represented and ensured by a popularly elected head of state – President of the Republic of Kyrgyzskoy. Within the limits of the powers established by the Constitution, the state. power in the Republic of Kyrgyzskoy are: President Kyrgyzskoy Republic Jogorku Kenesh consists of two chambers – the Legislative Assembly and the Assembly of People's Representatives, the Government of the Republic of Kyrgyzskoy, the local state. Administration, the Constitutional Court, Supreme Court, the Supreme Arbitration Court and judges of the justice system.
An indication of the nature of democratic society in the Republic of Kyrgyzskoy is to build a multi-party political system. Found that in Kyrgyzskoy Republic may be established political parties, professional associations and others on the basis of free will and common interests. The state provides the legal rights of all social groups.
In 2001 in Kyrgyzstan, lawfully has 32 political parties, except the nat., Youth and women's organizations. In Kyrgyzskoy Republic is not permitted the merger of state. and party institutions, state. activities are not subject to party programs and decisions.
Another sign of an independent state – the presence of its own Armed Forces. In the Republic of Kyrgyzskoy they consist of the National Guard, military and internal forces of the Ministry of Defence. In Kyrgyzskoy of no goals of expansion, aggression and territorial claims, resolved with the help of the army. It also rejected the resolution of questions of life of the state by force of arms.
Permit for the Armed Forces outside the country is given only if the number of votes cast members of the Legislative Assembly will reach no less than two thirds of the total number of its deputies. Do not use the Armed Forces to resolve internal political issues.
A state of emergency in Kyrgyzstan introduced in cases of natural disasters, hazards to human life in the riots that threaten the state. order. During a state of emergency and martial law Legislature operates continuously. If the President of the Republic of Kyrgyzskoy enters a state of emergency, the same day, inform the Legislative Assembly. The military situation in the Republic of Kyrgyzskoy can be introduced by the Legislative Assembly only in case of aggression against Kyrgyzstan. During a state of emergency and martial law is not permitted the holding of referendums and elections in the state. bodies, as well as the introduction of amendments to the Constitution.
The state budget is made up of republican and local budgets. It includes expenditures and revenues of the state. The Republican budget is developed by the Government under the Constitution. Assembly of People's Representatives of the Jogorku Kenesh approve the report on the budget and its execution, the government ensures the execution of the budget.
On the territory of the Republic with a flat tax system, in a swarm is established that the citizens of the Republic of Kyrgyzskoy and legal entities are legally required to pay taxes and duties. Determine the amount of taxes is only entitled Jogorku Kenesh.
The second chapter of the Constitution, entitled Citizens' consists of three sections: Citizenship , Human rights and freedoms , Rights and duties of citizens. On the basis of this chapter, all persons living in Kyrgyzskoy Republic introduced a uniform system of civil rights and obligations. Under this system, no one can be prosecuted on the grounds of sex, race, social origin, nationality, religion or political views, which ensures equal rights for all citizens. It also stipulates that all citizens of the Republic of Kyrgyzskoy obliged to respect the Constitution and laws, to respect the rights, freedoms, honor and dignity of other persons.
No citizen of the Republic of Kyrgyzskoy can not be deprived of his nationality. If citizens want to change his citizenship, then the issue is solved only by the President. Kyrgyzskaya Republic guarantees protection to all its citizens, not only within the state but also outside it. Foreign citizens and stateless persons on an equal footing with nationals of the Republic of Kyrgyzskoy have the same rights and freedoms provided for by the laws of the Republic of Kyrgyzskoy and international treaties. Along with this limited some of their rights. For example, the right to elect and be elected to have only the citizens of the Republic of Kyrgyzskoy.
In Human rights and freedoms of the Constitution the fundamental rights and freedoms based on the universally recognized principles and norms of international law, international treaties and agreements on human rights ratified by the Republic of Kyrgyzskoy. Every citizen has the right to life, physical and moral integrity of the individual and his personal life, liberty and security, freedom of religion, freedom of expression and opinion, economic freedom, the freedom to dispose of their property, and other fundamental rights.
Occupies a special place to have a right to private property, to-heaven shall be inviolable. It is an inalienable human right and the source of his business. The right to follow private property is protected and guaranteed by law.
Limitations on the physical and moral integrity, are allowed only on the basis of the law by a court as punishment for crime. No person shall be subjected to torture, torture or inhuman, or degrading punishment.
Prohibited medical, biological, psychological experiments on people without a valid and reliable express consent of the subject. No legitimate reason no one should be detained.
In the rights and responsibilities of citizenship are fundamental rights, freedoms and duties of citizens. However, the republic's citizens, their associations, except for prohibited and restricted by the Constitution, have the right to participate in the management and the adoption of laws and decisions of national and local, have an equal right to access to the state. service, participate in discussions and to make laws and decisions of national and local significance, have equal rights to defend the homeland.
The state provides maintenance, upbringing and education of children and orphans and children deprived of parental care, social security guarantees elderly, sick and disabled citizens. Kyrgyzskoy citizen of the Republic has the right to health and safety in all its forms and manifestations, working under a labor agreement (contract) are entitled to remuneration not lower than the state. cost of living.
The basic right of citizens to a full, unconditional and immediate protection of their rights and freedoms. Preventing crime is also the duty of the state, all its bodies and officials.
Under the Constitution, the supreme will and freedom belongs to the people of Kyrgyzstan. It transfers its rights and powers of the elected and appointed by the state. authorities.
The Constitution of the Republic of Kyrgyzskoy have supreme legal force and is the basis of current legislation. On the basis of the Jogorku Kenesh develops and passes laws, makes changes and amendments of existing laws.