Experts will be questioned in Constitutional Court

On 7 June, the Constitutional Court will continue hearings on the petition of lawyers from "Bir Duino Kyrgyzstan" to recognize paragraphs 2 and 3 of Article 17 of the Law of the KR on Non-Profit Organizations as contradicting Articles 2 (Part 2), 8 (Part 1), 23 (parts 1,2 3, 4, 5), 32 (Parts 1, 2) and 36 of the Constitution of the KR.
Earlier, on 17 May, the court supported the lawyers' petition on the need to interrogate experts from the Jogorku Kenesh of the KR regarding the submitted examinations results. According to the requirements of the law, draft regulatory legal acts must undergo legal, human rights, gender, environmental, anti-corruption and other kinds of scientific expertise.
It should be noted that in its appeal to the Constitutional Court, BDK requests to recognize paragraphs 2 and 3 of Article 17 of the Law of the KR on Non-Profit Organizations as contradicting Articles 2 (part 2), 8 (part 1), 23 (parts 1,2 3, 4, 5), 32 (parts 1, 2) and 36 of the Constitution of the KR. These changes are related to issues of the size and structure of income, as well as information about the size and composition of the property of a non-profit organization, its expenses, which cannot be the subject of a trade secret, and non-profit organizations should annually, until 1 April, publish on the website of the authorized tax authority the summary information for the previous year on the sources of funding, objectives of expenditures, as well as information about acquired, used and alienated property.
BDK considers these norms discriminatory, aimed at increasing pressure on the activities of non-profit organizations. Therefore, on 17 June 2022, a petition was submitted to the Constitutional Court of the KR on unconstitutionality of these norms. On 7 July 2022, the petition was denied. On 3 November 2022, the Constitutional Court, having granted the appeal, accepted the case into its proceedings.
Also, on 7 June, independent expert Venera Shaidullina from the organization Kadyr Kasiyet, Kazakhstan, will speak at the trial. The analysis conducted by the organization with respect to the adopted amendments to the legislation for compliance with international standards in the field of guarantees and protection of human rights and the Constitution of the KR states that non-profit organizations contribute to solving social problems, as well as creating a favorable business climate, stability of the economic and political system. Venera Shaidullina recommends eliminating these norms from the legislation of the KR: "It is important that policies regarding non-profit organizations be supportive, as disclosed in international standards."
Protection of the interests of public organizations is based on the principles of protection of the rights and freedoms of all citizens of the country. Lawyer Khusanbai Saliev hopes for a fair decision: "The Constitutional Court of Kyrgyzstan stands guard over the protection of the Constitution and is the guarantor of the protection of the constitutional rights and freedoms of citizens of our country."
The trial will take place at 9.00 a.m. on 7 June, 2023 at the Constitutional Court at 39 Erkindik Boulevard, Bishkek. To attend the hearing, please, contact the employee of Bir Duino Kyrgyzstan in advance so that you are included in the list. BDK contact person: Aidena Samsakova, mobile: 0772163229.
Should you have any questions regarding the trial, please, contact the lawyers of the BDK-Osh office Khusanbai Saliev, mob.: +996 555 161 300 and Valerian Vakhitov: +996 703 407 293, e-mail: birduinokyrgyzstan@gmail.com.
More information here