To the Minister of Justice
Kyrgyz Republic
APPEAL
representatives of civil society regarding the “Regulations on the procedure for maintaining the Register of non-profit organizations performing the functions of a foreign representative and conducting an audit of their activities” approved by the Ministry of Justice of the Kyrgyz Republic
June 4, 2024 Bishkek
Dear Ayaz Batyrkulovich!
As you know, on April 2, 2024, the Law of the Kyrgyz Republic “On Amendments to the Law of the Kyrgyz Republic “On Non-Profit Organizations”” (hereinafter referred to as the Law) was adopted, which provides for the registration of NPOs receiving foreign funding and carrying out “political activities” in a special “Register of NPOs performing the functions of a foreign representative” (hereinafter referred to as the Register).
In accordance with the Law, the Ministry of Justice of the Kyrgyz Republic developed and, by its order dated May 16, 2024, approved the “Regulations on the procedure for maintaining the Register of non-profit organizations performing the functions of a foreign representative and conducting an audit of their activities” (hereinafter referred to as the Regulations).[1]
Unfortunately, the process of preparing the draft Regulations was not open, accessible to the public and based on the participation of all interested parties. When developing the draft Regulations, the Ministry of Justice of the Kyrgyz Republic did not publish the draft for public discussion and did not hold a public discussion on it, thereby violating the requirements of Articles 2, 6 and 22 of the Law of the Kyrgyz Republic “On Regulatory Legal Acts of the Kyrgyz Republic” (hereinafter referred to as the Law on Legal Acts). In accordance with the above articles of the Law on NLA, the Regulations (containing norms of law – generally binding rules of conduct) are a normative legal act and holding a public discussion on the draft Regulations was a mandatory requirement of the Law on NLA. In turn, the failure to conduct a public discussion on the draft Regulations led to significant violations of the provisions of the Law, which include the following shortcomings of the approved Regulations:
1) In paragraph 2 of part 1 of Article 17-1 of the Law of the Kyrgyz Republic “On Non-Profit Organizations” (hereinafter referred to as the Law on Non-Commercial Organizations), the norm is enshrined that the Register includes “name of the non-profit organization, information about the founders and director” Paragraphs 1, 4-8, 13, 14 of paragraph 9, paragraphs 10, 13-17, 22 and 23 of the Regulations do not comply with this norm, since they provide for the inclusion in the Register of unnecessary information about NPOs (address, TIN, OKPO code and many other information), the inclusion of which is not required according to Article 17-1 of the Law on NPOs. For example, paragraph 13 of paragraph 9, paragraph 22 and paragraph 2 of paragraph 27 of the Regulations provide for inclusion in the Register “information about NPO employees“, the inclusion of which in the Register is not provided for by the Law on Non-Profit Organizations.
Thus, the Ministry of Justice of the Kyrgyz Republic went beyond the powers delegated to it by Article 17-1 of the Law on NPOs and exceeded the powers granted to it.
2) Part 11 of Article 17-1 of the Law on NPOs authorizes only one authorized body for registration of legal entities (which is the Ministry of Justice of the Kyrgyz Republic) “carry out checks on the compliance of the activities of the NPO, including the expenditure of funds and the use of other property, with the purposes provided for by its constituent documents” However, the Regulations, in violation of the Law on NPOs, increase the number of government bodies that receive the right to conduct inspections of the activities of NPOs. In particular, paragraph 32 of the Regulations provides the right to conduct inspections of the activities of NPOs: (1) tax authorities, (2) the Ministry of Culture, Information, Sports and Youth Policy of the Kyrgyz Republic, (3) prosecutorial authorities and (4) other government bodies. The Ministry of Justice of the Kyrgyz Republic here also went beyond the powers delegated to it by Article 17-1 of the Law on NPOs.
Kyrgyzstan is a democratic state where the principle of the “rule of law” must be strictly observed.
Based on the above,
we ask you:
1) cancel the order of the Ministry of Justice approving the Regulations;
2) publish the draft Regulations in the Unified Portal for public discussion of draft regulatory legal acts,
3) conduct a public discussion on the draft Regulations, finalize it taking into account suggestions and comments from interested parties and the public,
4) eliminate from the draft Regulations violations that were committed by exceeding the powers delegated to the Ministry of Justice of the Kyrgyz Republic by the Law on NPOs.
We sincerely hope for your understanding.
Please send your answer by email. Address: nash.vek@gmail.com
Sincerely:
- Chinara Aitbaeva, PF Our Century,
- Almaz Tazhybay, PF Center for Innovative Education “Peremena”,
- Tsoi Tamara Alekseevna, CF “UKKUM KELET”,
- Muratov Adilet, NPO,
- Nurida Bayzakova, Independent expert,
- Biryukova Victoria, civil activist,
- Nurbyubyu Kerimova, OF Danko,
- Li Antonina, Public Association “Shoola-Kol”,
- Abdyraev Rudbek, Eco Zhoomart,
- Rada Valentina kyzy, Peshcom Urban Initiative,
- Maria Kolesnikova, NGO “MoveGreen”,
- Galina Davletbaeva, NGO “Citizens for Development”,
- Nurzhan Chunueva, ecologist,
- Qarabaeva saodat Muradilovna, civil activist,
- Mavlyuda Masadikova, Iskra capirative,
- Zhumagul Kurmanbaeva, O.O.Kochkor districtduk den sooluk committee,
- Akylbek Tashbulatov, PF “Center for Assistance to International Protection”,
- Satybekova G.Sh., KNU,
- Osmonova Galbu Akushovna, Moldo Niyaz aiyl okmotu,
- Ryskulova Bubusara, human rights activist,
- Mavlyuda Masadikova, civil activist,
- Flyura Nadyrova, Public Association “SPC Spectrum”,
- Nazgul Turdubekova, PF “League of Children’s Rights Defenders”,
- Erkina Ubysheva, Smart Zharan Association,
- Aigul Duishenova, Deputy of the Bakai-Ata rural council of Talas region,
- Kamil Ruziev, Ventus LLC,
- Rita Rakhman, NGO “Institute of Public Analysis”,
- Eshmuratova Zainap Tazhievna, PF Center for Development and Protection of Vulnerable Groups of the Population,
- Zhumakan Zharkulova, Asyl-Ai mayyptar koomduk birikmesi,
- Khalbaeva Svetlana, PF “Ray of the Sun”,
- Asel Koylubaeva, PF Lawyers for Human Rights,
- Aida Suyundueva, PF “Common Cause”,
- Usenova Begaim, PF “Media Policy Institute”,
[1] http://minjust.gov.kg/ru/news/view/id/3519/