Test run for website for public consultation of draft legislation

Screen shot of the website for public consultation on draft legislation in Kyrgyzstan
Screen shot of the website for public consultation on draft legislation in Kyrgyzstan
Kyrgyzstan

Within the framework of the EU “Rule of Law Programme in the Kyrgyz Republic – 2nd Phase”, which is being led by the German Development Agency (Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH or GIZ) as head of a consortium involving several partners in Kyrgyzstan, the IRZ is supporting the legislation, e-justice and court organisation components. The complex subject of legislation covers the digitalisation of the legislative process and web-based public participation in legislative procedures. The IRZ and its Kyrgyz partners have set up a test portal on the Internet for public consultation on draft legislation, which has been online since the beginning of March 2020.

Although public consultation on draft legislation is compulsory in Kyrgyzstan, in practice only few draft laws have been commented on until now. Even in cases where this does take place, it generally involves only a limited number of non-governmental organisations. The extension of this participation is also hampered by the fact that legislative bodies each publish their draft laws on their own individual websites. Moreover, these websites are often not very user-friendly, with inadequate search options, for example, or even none at all. Those who do get involved receive very little feedback on their suggestions, since legislative bodies are not under any obligation to respond to comments and suggestions.

The development and introduction of the new standardised website for public consultation on draft legislation is set to solve all these problems in Kyrgyzstan. Officials are currently working with developers and other experts to further develop the test portal and improve its various features and functions. The search mode should make it easier to look for key words, individual areas of the law and legislative bodies, whilst the newsletter function ensures that those who are interested receive regular notifications about new draft laws. As well as draft legislation, the website will also supply all the supporting documentation (justifications, expert reports, etc.).

The plan is for legislative bodies in Kyrgyzstan to publish all draft laws on this website in future, so that citizens, associations and other representatives of civil society can then comment on them. Since it is compulsory for legislative bodies to answer these comments, the legislative process will become more transparent overall. Over the next few months, the IRZ will provide support with the supply of the necessary hardware components, as well as introducing a comprehensive training programme and a supporting advertising campaign in Kyrgyzstan. Once the definitive version of the website is online, accompanied by an app for mobile devices, this should lead to greater participation, increased transparency and more comments on draft legislation.

Delegation of the Supreme Court of Kyrgyzstan exchanges experiences in Baden Wuerttemberg

The delegation at the Federal Constitutional Court in Karlsruhe with their host Prof. Dr. Henning Radtke (centre), Judge at the Federal Constitutional Court, and the head of the delegation, Emil Oskonbaev (to his right), Deputy President of the Constitutional Chamber of the Supreme Court
The delegation at the Federal Constitutional Court in Karlsruhe with their host Prof. Dr. Henning Radtke (centre), Judge at the Federal Constitutional Court, and the head of the delegation, Emil Oskonbaev (to his right), Deputy President of the Constitutional Chamber of the Supreme Court
Kyrgyzstan

The IRZ invited a delegation of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic to Stuttgart, Karlsruhe and Heidelberg from 8 to 12 July 2019 to continue their successful cooperation and to exchange experience with constitutional topics. The study trip was aimed at exchanging experiences between constitutional judges from Kyrgyzstan and their German colleagues regarding the role and tasks of a constitutional court in a state governed by the rule of law and German constitutional law.

The highlight of the visit was the expert discussion at the German Federal Constitutional Court in Karlsruhe. As a court, the Federal Constitutional Court supervises the compliance with the Basic Constitutional Law of the Federal Republic of Germany, while the work of this constitutional body also has a political impact. This specific peculiarity of a modern democratic state governed by the rule of law was discussed in detail, acknowledging the 70th anniversary of the Basic Constitutional Law and the related achievements and experiences made in Germany. Another focus of the discussions was on practical issues and examples, covering competences, procedures and working methods as well as the enforcement and binding effect of decisions made by the Federal Constitutional Court.

The Kyrgyz delegation had also expert discussions with lawyers of the Deubner & Kirchberg law firm in Karlsruhe, at the Ministry of Justice and Europe of Baden Wuerttemberg and at the Constitutional Court of Baden Wuerttemberg in Stuttgart, discussing various aspects of constitutional jurisdiction, e.g.:

  • Lawyers‘ involvement in constitutional disputes;
  • the federalism of the Federal Republic of Germany and
  • the effects of Constitutional Court judgements on the citizens and the executive and legislative authorities.

The Kyrgyz guests took a particular interest in the training of Einheitsjuristen (unitary training for all legal professions) in Germany, since an increase in quality and a high professional level of judges are declared goals in Kyrgyzstan.

During the final expert discussions at the Max PIanck Institute for Comparative Public Law and International Law in Heidelberg, the participants discussed the perspectives of a German-Kyrgyz scientific cooperation on constitutional topics.

The German colleagues of the above-mentioned institutions created an atmosphere of trust during the discussions, so that the Kyrgyz participants could openly address the issues which were important to them and exchange their experiences with their German colleagues. This exchange of experiences provided an important contribution to strengthening the international contacts of the young constitutional jurisdiction of Kyrgyzstan.

Progress on eJustice in the Kyrgyz courts

Christoph Kopecky, IRZ long-term expert on the EU's Rule of Law Program in Kyrgyzstan, and Gulbara Kalieva, Chair of the Supreme Court
Christoph Kopecky, IRZ long-term expert on the EU's Rule of Law Program in Kyrgyzstan, and Gulbara Kalieva, Chair of the Supreme Court
Kyrgyzstan

In the framework of the EU funded Programme “Rule of Law in the Kyrgyz Republic – 2nd Phase” (ROLPRO 2) IRZ as one of the implementing consortium partners is responsible for the development and implementation of “AIS Suda”. “AIS Suda” (Automated Information System for Courts [Suda]”) is an electronic court case management and information system that supports the processing of court proceedings and the management of judicial cases at the courts of Kyrgyzstan. In addition to efficient search possibilities to quickly find relevant case information, AIS Suda is also able to directly generate required court statistics and provides for an automatic assignment of court cases to judges. AIS Suda is one of the country’s central IT applications under the national eJustice agenda. Currently the system runs in full mode in in 3 first instance pilot courts, whereas the system’s module for case registration is already operational in all national courts of first instance. Further it is planned to implement “AIS Suda” in full mode at all local courts including also all courts of second instance.

On 11 March 2019 the EU Programme “Rule of Law in the Kyrgyz Republic – 2nd Phase” in cooperation with the Supreme Court of Kyrgyzstan organised for the first time a presentation of “AIS Suda” for all judges of first instance and all chairpersons of second instance. The presentation was held on the eve of the full-scale implementation of “AIS Suda” at all courts of first instance.

At the event participated the chairperson of the Supreme Court of the Kyrgyz Republic, Gulbara Kalieva, judges from all over the country, representatives of the EU, the “Rule of Law” Programme, “Adilet Sot” – the system operator, and the developer company “CBI”.