Kyrgyz Judges Study New Criminal Codes

Kyrgyz Judges Study New Criminal Codes

In Kyrgyzstan, judges of local courts are actively studying innovations in criminal law, which will enter into force on January 1, 2019. The first three-day seminar for judges of local courts started on October 17 in the building of the Supreme Court of the Kyrgyz Republic of Bishkek.

Chairman of the Supreme Court of the Kyrgyz Republic Gulbara Kaliyeva drew the attention of judges to the importance of this training and the need for self-study since with the introduction of new codes, both new institutions will appear and judges need to be fully prepared.

“The demands will be high, and the judges must show professionalism and competence,” Kaliyeva emphasized.

The Chairperson encouraged the use of educational materials on the website of the Supreme Court and electronic versions of codes in information systems. She thanked the project of the International Development Law Organization (IDLO), funded by the US government, for facilitating a series of training workshops and publishing 300 copies of all Codes to be handed over to judges.

The director of the IDLO branch in Kyrgyzstan, Fred Houston, emphasized that the training modules of the seminars for judges on innovations in the Criminal Code, the Criminal Procedure Code, the Code of Offenses and the Code of Violations are based on practical skills. Active discussions of the participants will help improve these materials, which will be a guide for all present and future lawyers in the country.

The lecturers at the seminars are judges of the Supreme Court of the Kyrgyz Republic Janyl Mambetaly, Keneshbek Toktomambetov, Askat Sydykov, Chairman of the Bishkek City Court Irina Vorontsova, Judge of the Oktyabrsky District Court Kaysyn Abakirov, Retired Judge Rasiya Eraliyev and Retired Judge and IDLO Counselor Dastanbai Aijigitov.

Within the framework of the project, it is planned to hold eight seminars and train 250 judges of local courts throughout the country. During October-November of this year, five seminars will be held for judges of local courts in Chui, Talas, Issyk-Kul and Naryn oblasts in Bishkek and three seminars in Osh for judges of Osh, Jalal-Abad and Batken oblasts.

[This content was automatically translated from Russian language]

Kyrgyz Bailiffs to Improve Service Quality

Kyrgyz Bailiffs to Improve Service Quality

In Kyrgyzstan, the strategy for the development of the bailiff service is being discussed through the introduction of an automated register of debtors, electronic trading and the implementation of an action plan. This was announced on October 9 at a round table organized by the Judicial Department of the Supreme Court of the Kyrgyz Republic with the support of the European Bank for Reconstruction and Development (EBRD) and the International Development Law Organization (IDLO).

According to Nurlan Pirnazarov, Head of the Department for the Enforcement of Judicial Acts, increasing confidence in bailiffs through enhancing human resources, increasing the number of bailiffs, wages and social security, their training and improving the infrastructure are important tasks of this performers.

In addition, attention is paid to the automation of processes to improve the performance of bailiffs. At the round table shared intermediate results of the pilot projects on the register of debtors and electronic trading.

“The system of electronic registration“ The Register of Debtors ”automates the process of entering data on the one hand, and on the other – will facilitate the access of citizens to information that the availability and amount of debt can find out via the Internet,” said Alexander Yuryev, director of the Information Technology Institution.

The event was held in the framework of the project “Enhancing the capacity of judicial executors of the Kyrgyz Republic” with the participation of the EBRD General Counsel Marie-Anne Birken and Fred Houston, Director of the IDLO branch in Kyrgyzstan. In addition to the main issues of the strategy, participants discussed topical issues on the application of the Criminal Code, the Code of Misconduct and the Code of violations in enforcement proceedings.

Recall that the bailiff is an official who enforces the execution of decisions of courts in civil cases, settlement agreements, sentences, rulings and decisions of courts in criminal cases in terms of property penalties.

[This content was automatically translated from the Russian language]

Journalists Briefed About New Kyrgyz Law on Mediation

Journalists Briefed About New Kyrgyz Law on Mediation

A seminar celebrating the long-awaited entering into force of new legislation has strengthened journalists’ knowledge of mediation as a form of alternative dispute resolution and its benefits for the people of Kyrgyzstan. Organized by IDLO, the workshop was held on February 20, 2018, at the Internews office in Bishkek.

The media will play a crucial role in spreading information about mediation and helping people and businesses resolve their disputes outside court. During the seminar, representatives of a number of media outlets were briefed on mediation principles and participated in interactive sessions to develop news items based on the information learned.

“Article 40 of the Constitution of the Kyrgyz Republic requires that alternative methods of dispute resolution are offered to the citizens of the country. It’s becoming more important to give them the option to avoid lengthy judicial proceedings,” Aida Kurmanbayeva, who heads up the department for legislation concerning the judiciary, law enforcement and municipal bodies at the Ministry of Justice, told seminar participants.

Dilbara Maksimbekova, IDLO Senior Advisor, highlighted the value of public information. “One of our mediation trainings was broadcast on local television,” she said. “This led to a resident calling us and visiting the training. He wanted to try mediation as a way to resolve a dispute he was involved in.”

Legislation on mediation entered into force in Kyrgyzstan on February 11, 2018 after a lengthy and complicated adoption process that was supported by IDLO and the European Bank for Reconstruction and Development (EBRD). According to international experts, it reflects best practice from other countries in the region. The Ministry of Justice is now tasked with implementing its provisions and reviewing other legislation for compliance with the new law.

Commercial mediation to support economic development

IDLO and EBRD have been working in Kyrgyzstan to support the country’s economic development through commercial mediation, giving businesses a way to avoid expensive and time-consuming litigation in court. In addition to delivering training in two cities, Bishkek and Osh, IDLO and EBRD are also working with the Ministry of Justice to establish a Mediation Coordination Body. The Body will function as a public regulator, tasked with registering and certifying mediators to ensure their competence.

Fred Huston, IDLO’s Country Director in Kyrgyzstan, explained the role of mediators: “It’s important to note that mediators are not lawyers. They need to have certain skills, but the most important thing is that they know what is fair. A mediator is someone who is well respected, who understands the issue, who knows the context, who is able to identify the source of the problem. The mediated solution doesn’t have to follow the letter of the law, but it must respect the spirit of the law.”

“THE MEDIATED SOLUTION DOESN’T HAVE TO FOLLOW THE LETTER OF THE LAW, BUT IT MUST RESPECT THE SPIRIT OF THE LAW.” – FRED HUSTON, IDLO COUNTRY DIRECTOR IN KYRGYZSTAN

Many people in Kyrgyzstan first came across mediation when ethnic conflict erupted in 2010 in Osh, the southern part of the country near the border with Tajikistan. Local mediation efforts played an important part in facilitating dialogue between different groups, and continue to be cited as people’s first experience with the practice.

IDLO and EBRD have partnered in a number of countries in the Central Asia and Eastern Europe region to promote alternative forms of dispute resolution, particularly for commercial matters. In addition to Kyrgyzstan, recent projects on mediation have been implemented in Mongolia, Montenegro and Tajikistan.

 IDLO