"Bir Duino - Kyrgyzstan", urgent press release: 

Bishkek City Court will begin consideration of the complaint against the decision of the Bishkek City Administrative Court on the Resolution of the Cabinet of Ministers of the Kyrgyz Republic (on foreign representatives)

The first hearing on the complaint of the PA "Bir Duino-Kyrgyzstan" against the decision of the Bishkek Administrative Court on Resolution of the Cabinet of Ministers of the Kyrgyz Republic (on foreign representatives) is scheduled to be held at the Bishkek City Court at 9:00 a.m. on 20 March 2025.

On 14 January 2025, the court of first instance refused to recognize as illegal the Resolution No. 518 of the Cabinet of Ministers of the KR dated 27 August, 2024 (hereinafter referred to as the Resolution), which approved the Regulation 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 Regulation) in accordance with the Law of the Kyrgyz Republic on Non-Profit Organizations (hereinafter referred to as the Law on NPOs).

The Regulation establishes the procedure for the inclusion of non-profit organizations (NPOs) in the Register of NPOs-Foreign Representatives (NPOs-FRs), requirements for mandatory financial audits and the procedure for conducting state audit of NPOs-FRs and other requirements.

Having studied the Resolution, the organization's experts came to the conclusion that when it was issued by the Cabinet of Ministers, the following regulatory legal acts were violated and not complied with:

1)     The Constitution of the Kyrgyz Republic;

2)     OSCE/ODIHR Guidelines on Freedom of Association;

3)     The Law on Regulatory Legal Acts of the Kyrgyz Republic;

4)     The Law on Non-Profit Organizations.

Firstly, the Regulation has established new rules of law (legal norms) that go beyond the Law on NPOs.

Secondly, the draft Regulation has not been published for public discussion on the Unified Portal (http://www.koomtalkuu.gov.kg). At the same time, no discussions or consultations were held with representatives of NPOs and civil society. This is a violation of the rule-making process.

Thirdly, the Regulation approved by the Resolution expanded the list of authorized state bodies conducting inspections of NPOs-FRs. The Law on NPOs (Article 17-1) grants the only authorized state body (in this case, the Ministry of Justice of the Kyrgyz Republic) the right to "conduct inspections" of the activities of NPOs.

Forth, the Regulation (paragraph 36) permits inspections of NPOs on the basis of statements made by state bodies, local governments or the media, even verbally, about an alleged violation by an NPO of the Law on NPOs or inconsistency of the activities of an NPO with its statutory goals. However, it lacks clear mechanisms to protect NPOs from unfounded or arbitrary statements. 

Fifth, the Regulation also does not contain any clear and specific procedures regarding the process of inspections of NPOs-FRs. First of all, there are no instructions regarding the duration, timing and frequency of inspections, as well as the ways and criteria by which the authorities will monitor and evaluate the involvement of NPOs in political activities and other issues provided for by the Regulation.

Sixth, paragraph 22 of the OSCE/ODIHR Guidelines on Freedom of Association was ignored, according to which "... legal provisions concerning associations should be well developed. They must be clear, precise and indisputable. In addition, in order to ensure that the content of the law is supported by all stakeholders, the process of adopting such provisions should be open, accessible to all and based on the participation of all stakeholders."

It is worth noting the issues and problems identified in the court of first instance when considering the application of the PA "Bir Duino-Kyrgyzstan":

1)     the respondent's representative acknowledged that the information requested under the Regulation has already been provided to the relevant authorities (the Ministry of Justice, tax authorities and Statistical Committee), and therefore, the next submission of the information is a duplication and a double obligation of NPOs;

2)     the representative of the Ministry of Justice could not clarify whether sufficient measures are being taken to ensure the safety of the collected data (as per article 21 of the Law on Personal Information);

3)     even an oral statement can serve as a basis for starting an audit of an NPO, since the Regulation does not require a written statement;

4)     according to the representative of the Cabinet of Ministers, the number of inspections (including simultaneous ones) can be unlimited;

5)     it remains unclear whether an NPO is required to translate documents requested during verification that are in foreign languages into Kyrgyz and Russian.

We are inviting all interested parties, active citizens, and journalists to attend the session of the Bishkek City Court on 20 March, 2025 at 9:00 a.m. at the address: 37 Orozbekov St.

Together we will defend the fundamental right of citizens to freedom of association in Kyrgyzstan.

Should you have any questions, please, contact our lawyer via mobile: 0770 341 720 or email: birduinokyrgyzstan@gmail.com