LEgAL ENvIRONMENT
The Kyrgyz Republic has vastly changed since
the collapse of the Soviet Union and its subse-
quent independence. Civil liberties under both
former Presidents Akaev and Bakiev suffered.
The Kyrgyz legal system was shaped under So-
viet law and has elements of the French legal
structure and the Russian legal structure. The
Civil Code of Kyrgyzstan was reinvigorated in
1996 after replacing the old Civil Code which
dated back to 1964. The second portion of the
Civil Code was in 1998 and includes the follow-
ing provisions: “general statements and regula-
tions of civil-legal relationships; the law of
property and other proprietary interests; oblig-
atory rights including separate kinds of insur-
ance; the law of intellectual property;
inheritance law; application of norms of inter-
national and private law to civil and legal rela-
tionships.”[61]
Justice is “administered” only by courts in Kyr-
gyzstan. Many of these courts are also part of
the other Central Asian states. The three courts
are: Constitution Court of the Kyrgyz Republic
which protects the Constitution of Kyrgyzstan
and determines that constitutionality (or the
unconstitutionality) of laws. The second major
court is the “Supreme Court of the Kyrgyz Re-
public is the supreme body of judicial power in
the sphere of civil, criminal and administrative
legal proceedings and exercises supervision
over the judicial activity of oblast, city, district
and military courts of the Republic.”[62]
The third major court is the Supreme Arbitrage
of the Kyrgyz Republic and arbitration courts of
municipalities “settle disputes between eco-
nomic entities based on different forms of prop-
erty, arising in the economic sphere and in the
process of management.”[63]
There is also contract law, enterprise law, bank-
ing, immigration, labor, property —regulated
by the Constitution and the “ the Law of the KR
On the Denationalization and Privatization of
State Property in the Kyrgyz Republic—, oblig-
atory and intellectual property law (Battalova
2002, par. 12-19, 21 ). Intellectual property law
was assigned under and regulated by “Depart-
ment of Intellectual Property was established at
the Ministry of Education and Science of the
Kyrgyz Republic – Kyrgyzpatent.”[64] Tax law is
another important aspect of Kyrgyz Republic
regulatory law and is regulated by the Jogorku
Kenesh and the local and state administrative
entities. [65]
Corruption can be found at all levels and court
decisions are often bribed, due to low salaries
of judges and other legal persons. This remains
one of Kyrgyzstan’s largest obstacles in building
a sustainable and durable democracy and a
threat to the country’s long-term stability. An
April 2012 EurasiaNet article characterized Kyr-
gyzstan’s courts as being legal circuses, with un-
educated and unqualified judges, a conviction
rate of 100% as judicial are often unable to de-
liver acquittals.[66]
Do'stlaringiz bilan baham: |