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On approval of the Concept of increasing the legal culture of the population of the Kyrgyz Republic for 2016–2020


THE GOVERNMENT OF THE KYRGYZ REPUBLIC

RESOLUTION
No 122 dated March 14, 2016

On approval of the Concept of increasing the legal culture of the population of the Kyrgyz Republic for 2016–2020

For the purpose of implementing the Plan of measures of the Government of the Kyrgyz Republic for 2015 on strengthening the national economy, approved by the Resolution of the Government of the Kyrgyz Republic N 78 dated February 20, 2015 as well as in accordance with articles 10 and 17 of the Constitutional law of the Kyrgyz Republic “On the Government of the Kyrgyz Republic”, the Government of the Kyrgyz Republic hereby

RESOLVES:

1. To approve:

- The Concept of increasing the legal culture of the population of the Kyrgyz Republic for 2016–2020 as per Annex 1;

- The plan of actions to implement the Concept of increasing the legal culture of the population of the Kyrgyz Republic for 2016–2020 (hereinafter referred to as the Action plan) as per Annex 2.

2. The state executive agencies of the Kyrgyz Republic and the offices of plenipotentiary representatives of the Government of the Kyrgyz Republic in the provinces shall:

- take concrete measures to ensure the implementation of the Action plan in accordance with the deadlines;

- on a quarterly basis not later than on the 10th day of the month following the reporting period present to the Ministry of Justice of the Kyrgyz Republic the information on implementation of the Action plan for summarizing.

3. Each six months not later than on 25th day of the month following the reporting period, the Ministry of Justice of the Kyrgyz Republic shall submit to the Office of the Government of the Kyrgyz Republic summary information on the progress in the implementation of the Action plan.

4. The present Resolution shall enter into force upon expiration of fifteen days since its official publication.

5. Control over the implementation of the present Resolution shall be entrusted to the Unit of expert analysis and legal support of the Office of the Government of the Kyrgyz Republic.

Temir Sariev,
Prime Minister
 

 

Annex 1

Approved by the Resolution
of the Government of the Kyrgyz Republic
No ____ dated ____________ 2016

Concept of increasing the legal culture of the population of the Kyrgyz Republic for 2016–2020

Introduction

The Kyrgyz Republic is in the process of in–depth reforms aimed at sustainable development. The main directions of political, economic and social development of the country are prescribed in the National Sustainable Development Strategy of the Kyrgyz Republic for the period of 2013–2017 (hereinafter referred to as the NSDS), approved by Decree of the President of the Kyrgyz Republic No 11 dated January 21, 2013.

Attainment of the strategic vision, stated in the NSDS, requires several mandatory conditions, among which the following takes an important place: “The establishment of the rule of law, based on the principles of respect, protection and promotion of human rights in all areas of social, political and economic life of the country is the main factor of stability, sustainability and successful development of Kyrgyzstan. Violation of law and disregard for the legitimate interests of citizens have twice resulted in the ousting of power in Kyrgyzstan.

Therefore, the most important direction in the activity of all branches of power is the formation of the state based on the rule of law, strengthening the legal system of the country, ensuring the supremacy of law and legality in all spheres of life”.

The provisions of the NSDS have been further elaborated in the Program of the Government of the Kyrgyz Republic on the transition to sustainable development for 2013–2017 (hereinafter referred to as the PTSD), approved by the Jogorku Kenesh of the Kyrgyz Republic No 3694-V as of December 18, 2013, one of the goals of the Program is formulated as follows: “To ensure the constitutional guarantees to the society through the achievement of the rule of law”. To achieve this goal the PTSD, among other measures, provides for the legal education and training of citizens.

Both governmental structures as well as the entire society of the Kyrgyz Republic are interested in the formation of high legal culture at all levels and in all forms, using for this purpose the legal education and training.

Legal training and education should be interpreted as a systematic and targeted activity of the state and the society to form and improve the legal awareness and legal culture in order to confront the legal nihilism and ensure among the citizens the process of forming certain positive ideas, views, values and attitudes guaranteeing the compliance, implementation, use and application of legal norms.

Increasing the legal culture of the population through the system of legal education and training is recognized as more effective and successful in comparison with envisaging stronger penalties for failure to comply with the legal provisions.

In this regard, the political course of the Kyrgyz Republic in the area of law for 2016 – 2020 is to increase the level of legal culture of the population.

Contents and organizational framework of the Concept

The Concept of increasing the legal culture of the population of the Kyrgyz Republic for 2016 — 2020 (hereinafter referred to as the Concept) is based on the NSDS and PTSD as the direction of the state in the area of law for the coming years, it is developed in line with the universally recognized principles and norms of the international law, the Constitution and other normative and legal acts of the Kyrgyz Republic which are focused on the rights and freedoms of a human being.

The Concept is the guiding document and its implementation should lead to strict observance of human rights and freedoms. The document contains the systematic approach of public authorities towards the improvement of the legal culture, which includes legal training and education of the population, the formation of modern legal consciousness and personal behavior.

The concept is a fundamental document, including the vision of future, goals, directions, priorities, tasks and public policy measures aimed at the development of the legal culture of society. Its implementation will focus on the elimination of such phenomena as the lack of respect for the law and power.

An important feature of the Concept is the reflection of cultural, historical, gender and other characteristics of the modern society of the Kyrgyz Republic, its commitment to human rights and the focus on results, ensuring sustainable development of the country.

All envisaged policy measures as well as specific activities will be backed up with the necessary financial and other resources. Their implementation will involve all stakeholders — public administration and local self–governance bodies as well as the civil society institutions.

The Concept provides for the mechanism of monitoring and evaluation outputs and outcomes, as well as ensuring transparency and openness of the implementation process.

The experience of developing the legal sphere, acquired during the previous years and reflected in the present document determines the transition from the narrow issue of legal advocacy to the development of the legal culture, which is viewed as a criterion for public education and the indicator of ensuring, implementation and protection of rights of an individual person in the society.

The Concept allows coordination of the efforts of stakeholders whose activities are aimed at the development of various aspects of the legal culture. The coordinating role of the Concept is the condition of obtaining results and systemic effect.

The Concept and its Action plan take into account that the full–fledged achievement of specific and prospective goals in the development of such a sophisticated complex as the legal culture, would only be possible in the event that the state takes the leading role and closely interacts with the civil society. That is why the Concept provides for measures envisaging the use of state / municipal social contracting as they will facilitate coherence and effectiveness of the public policy in this area.

I. Vision and objectives

Vision

The implementation of the Concept should lead to a necessary degree of knowledge and understanding of law, respect for the law, awareness of the need for use, compliance and enforcement of legislation, which are needed for the sustainable development of the country, it will also ensure that high level of legal culture becomes an integral feature of an individual citizen and the society as a whole.

In a longer perspective the Kyrgyz Republic shall be characterized by the following:

Human and civil rights are protected, and an individual becomes a legal personality, which implies competence and law-abiding behavior of the subject of law and relations based on law, the possession of a high level of legal awareness, positive, active civil position and ability to legal self–regulation.

Political, managerial and regional representatives of public administration and local self–governance bodies shall be examples of political culture for all citizens of the country.

Strategic goals and objectives

This concept aims to achieve a level of legal awareness and legal culture of the population, which envisages the legal training and the system of belief which upholds the law, envisages understanding of the need to follow its provisions, the possession of skills of rights’ implementation. The knowledge acquired in the course of legal training and education should become a personal conviction, a firm intention to strictly follow legal regulations and then a habit to observe the law and demonstrate legal and political activity.

By 2020 one can expect having necessary conditions for the lawful behavior of a person that meets the interests and needs of society.

To implement the strategic objective a proactive policy will be needed to develop legal mentality that ensures the success of the implementation of the rule of law in society (compliance, usage, performance and enforcement).

II. Analysis and evaluation of the level of the legal culture

Despite the governmental efforts in improving the legal culture of the population, Kyrgyzstan has a low level of legal culture, a high level of legal nihilism and disrespect for the law. Low regulatory role of law becomes one of the causes of social and political conflicts, making it impossible to solve a wide range of issues in the legal field and forcing people to look for solutions outside the frameworks established by law.

The situation is exacerbated by a low level of legal culture of the population, the prevalence of bias towards illegal methods of problem solution.

The Kyrgyz legal culture is characterized by:

- Legal infantilism, which is expressed in the legal illiteracy or absence of evaluative legal thinking;

- Legal nihilism, which is manifested in the negative attitude to the law and justification of illegality;

- Legal indifference, which is demonstrated by the lack of interest among the population in the legal phenomena, reluctance to use rights granted by law, refusal to cooperate with the law enforcement agencies in combating crime and addiction to illegal behavior.

Since independence, the Kyrgyz Republic declared itself to be a democratic state based on the rule of law. Fundamentals of the process of forming the state based on the rule of law are reflected in the Constitution and other normative and legal acts of the Kyrgyz Republic. However, the adoption of legal acts cannot finalize the process of building such a state. This is obviously a long and time–consuming procedure which requires the establishment of the proper attitude to the law in the mindset of an individual. Therefore, the formation of the state based on the rule of law is inseparable from the process of developing legal culture of the population.

Legal culture depends primarily on the level of legal awareness of the population, that is, how deeply the people have understood such legal phenomenon as the value of human rights and freedoms, compliance with legal requirements, as well as whether the population including all its social, age, professional and other groups is legally informed, what is the emotional attitude of the population to the law, courts, the law enforcement agencies, legal safeguards to protect the rights, freedoms and legitimate interests.

The analysis of the current legal culture in the Kyrgyz Republic demonstrates the lack of knowledge among the citizens of their rights, the inability and unwillingness to implement and protect their rights and freedoms in accordance with the law.

Failure to timely address this problem can result in negative legal effects, which would eventually lead to consequences outlined below:

– Conscious and direct violation of laws and other normative and legal acts;

– Massive failure and violation of the law;

– The spread of anti–legal norms in the community to justify unlawful conduct of individuals;

– Massive violations of human and civil rights and freedoms;

– Decreased authority of the judiciary and the law enforcement agencies;

– Disrespect and distrust in public authorities and local self–governance bodies;

– Absence of high–quality law enforcement practice;

– Corruption;

– Presence of a threat to the national security of the Kyrgyz Republic etc.

To overcome the legal nihilism, the following directions should be identified:

- Improving the legal culture of citizens;

- Improvement of the legal system of the state;

- Prevention of offences, especially crimes;

- Strengthening the law and order on the territory of the country;

- Increased credibility of the judiciary and law enforcement agencies;

- Mass legal education and training of the population.

Legal illiteracy of the population gradually results in the absence of skills in defending their legitimate interests, in marginalizing of the population, making it more vulnerable in the present conditions as well as creates a favorable environment for corruption and increased social tensions. These and other factors require the modernization of the basic forms and methods of legal awareness activities carried out by public administration bodies.

The present Concept provides that the legal training and education of the population should cover all subjects of law and ensure the development of the ideological and moral foundations of the democratic state based on the rule of law through the development a sense of respect for the law among the citizens, which should certainly become one of the conceptual directions in the activity of the public administration and the local self–governance.

In current reality, there emerged an objective need to legally educate the citizens, such education will ensure the transfer, accumulation and assimilation of knowledge, principles and the norms of the law as well as the formation of a relevant attitude towards the law and practices of its implementation, the ability to exercise human rights, to comply with the prohibitions and to perform duties.

Legal awareness is inextricably linked and implemented through legal education as a means of direct acquisition of knowledge. At the same time legal education within this Concept is seen as a method of formation of the theoretical basis for legal awareness and legal culture, ensuring the necessary level of systematization of knowledge about the law, development of legal interests, legal thinking and the formation of scientific legal outlook.

One of the basic forms of legal training and education of citizens is explanatory work. In this context, the explanation the provisions of the legislation of the Kyrgyz Republic by using various forms and methods of information and propaganda should be the basis of legal training and education of the citizens, which will generate among citizens such qualities as patriotism, obedience to the law, feeling of the human dignity, respect for the rights and interests of other persons. This explanatory work should have a solid theoretical foundation. In this regard it is necessary to conduct targeted scientific research on topical issues of the legal culture of the population, as well as create a platform for discussion of issues related to legal training and education of citizens. Such an approach would provide a basis for the perception of law as a social value, necessary to every person and society as a whole.

In 2013 the National Institute for Strategic Research of the Kyrgyz Republic (hereinafter referred to as the NISR) conducted the scientific and practical study of the legal culture of citizens and the role of legal awareness activities. An important finding of this research was that at present there was a narrow understanding of law and the legal culture of society, and the revision of this understanding would provide real, constructive and sustainable development of the legal culture. It was noted that the improvement of the legal culture of the society is a collective achievement. In this regard, the study highlights that the strength of the legal culture in such case is determined not by the knowledge of written rules and laws by the citizens but rather by the understanding of the socio–cultural context of law. According to the researchers, the weakness of the legal culture in Kyrgyzstan is consistent with the post – Soviet situation of the country, its social, economic and political conditions. The strengthening of the legal culture of citizens should envisage the development of the ability to recognize and respect each other and the society as a whole, the responsibility towards the society for their behavior. In addition, according to this analysis, the propaganda of the law should in essence be the promotion of the good life of citizens, which can happen only in a society having a strong legal culture. It offers a comfortable and stable life, where no one needs to fear for oneself and his / her beloved ones and where no one will interfere in obtaining material values by lawful means.

According to the research of the NISR, issues of the legal culture are very diverse and multidimensional. These include problems of the legal culture at the level of political leaders and groups, of the highest institutions of power, of the Constitution and constitutional reforms, within the framework of legislation and law–making institutions etc. It is also noted that all members of the society are constantly faced with the law in a variety of circumstances, which can be divided into three groups:

- Household circumstances, when citizens are faced with the law in their daily lives;

- Political circumstances, when they relate to the law in political and other collective controversial issues;

- Circumstance of justice, when the law and the citizens have to determine the correspondence of acts of citizens to normative rules.

At the same time it is noted that these circumstances must be based on three fundamental principles of relations: the recognition of each other, moderateness and responsibility.

Historical background of the formation and evolution of the institution of legal culture is an important factor for its development among the population. In this regard, it should be noted that the legal awareness of the Kyrgyz people was formed through respect and strict observance of customs, which was ensured by the measures of social influence. The customary law was understood as the norms that have been established within the domestic relations regardless of the supreme power and acquired value in the consciousness of society. The legal traditions of the Kyrgyz people were not secured in any documents and based on oral communications from generation to generation in the form of short sayings and proverbs. The Kyrgyz norms of law were contained in the national consciousness in the form of moral and legal convictions and due to their repeated application these were becoming a habit, acting as a regulator of social relations. These provisions of the customary law were voluntarily respected by the overwhelming majority of the Kyrgyz people, while the measure for non–compliance were public opinion and censure. Thus, the level of legal awareness and legal culture of an individual was expressed in the respect and subordination to the provisions of the customary law.

Customary law provisions were usually interpreted by judges (“biys”). The Kyrgyz society had a saying “The honest judge has no relatives, and the judge with relatives has no conscience”, which is an expression of the requirement for the judge to be impartial. The humanistic content and democratic character of the Kyrgyz customary law were highlighted by Ch. Valihanov. He said in his writings: “… the customary law of the Kyrgyz people, on the same analogy of the highest development with the lowest, to which we like to refer, has more human features than, for example, the Muslim, the Chinese or the Russian legislation following “Russkaya Pravda” (the Russian truth). The Kyrgyz laws do not have preventing and intimidating measures, which are so popular in the modern European Code. The corporal punishment never existed among the Kyrgyz people. The tribal laws, according to which tribe members are responsible for the behavior of their kinsman, bring a lot of practical benefits in such tribal relations”.

Despite being unwritten, the provisions of the customary which were formed throughout centuries, were strictly observed by each member of the tribe.

During the post–Soviet period the legislators again paid attention to the customary law of the Kyrgyz people. For example, Article 37 of the Constitution says the following: “Popular customs and traditions in the Kyrgyz Republic, which do not infringe upon human rights and freedoms, are supported by the state”. This provision is elaborated in the legislative consolidation of legal institutions, typical for the system of common law of the Kyrgyz. For example, such punishment, as triple ayip, criminal liability for cattle raiding or courts of elders. However, the customs and traditions that are contrary to the laws of the Kyrgyz Republic are prohibited (for example, the Criminal Code of the Kyrgyz Republic envisages criminal liability for forcing a woman to marry or obstructing a marriage).

At present there is a wide spread opinion among the people that the state is criminalized. It is difficult to speak about the confidence in the authorities and the rule of law having specific cases of corruption in the bureaucratic apparatus. Also the problems of legal culture formation is influenced by such factors as the decreased value of other social regulators i.e. ethics and morals. Crime rates, the growth of indifference in respect of the wrongful conduct on behalf of the general population complicate the legal education of the young generation and the impact on the adults. In this regard, the formation of the legal culture of school – age children should be a priority of this Concept.

The legal culture of a school child includes legal knowledge and skills realized in daily life. Legal culture of school–age children is a sophisticated integrative concept that includes not only the identification of the level of their own legal awareness, but also the perception of the ideal lawful behavior. However, analysis of the level of legal culture of the minors leads to the conclusion that the legal consciousness of pupils requires targeted formation.

Formation of legal awareness of school–age children is a targeted educational activity, the process results in assimilation of legal values, knowledge, skills and behavioral norms in the area of law. In this context even in primary school there is a need to organize targeted, systematic and gradual “immersion” of students in the legal norms and provide the possibility of their practical application. Teenagers have a basic understanding of the laws and other regulations, norms of behavior, but the present reality shows that in practice these ideas are not always unambiguous. So one can often hear the following phrases from school children: “That’s my right!”, “You are violating my rights”, or “What right do you have?” and this to some extent reflects the level of their legal knowledge. But the pupils do not always attach attention to the rights of those who are close to them i.e. classmates, peers, teachers and others.

Legal education plays an important role in targeted formation of an individual legal awareness of a school pupil. At the same time it is the most important means of prevention and pedagogical correction of wrongful conduct of under–age pupils. Legal education is an organized and systematic influence on the person, resulting in legal consciousness, legal mindset, skills and habits of a lawful good behavior.

The purpose of legal education of under–aged pupils is explicitly the formation of legal awareness, as well as conscious and active behavior on its basis. This goal is achieved by a) the assimilation by students of a certain bulk of knowledge on the legal regulations; b) organized legal enlightenment in extracurricular work, etc. It is necessary to distinguish the following requirements for the organization of legal education of pupils:

- Availability of the systematic and differentiated approach to pupils;

- Encouraging positive emotional attitude to the delivered information;

- Intensification of interest of pupils to acquire legal knowledge;

- Linking the legal information with the facts of everyday life of pupils, teaching them to consciously evaluate their actions;

- Ensuring the conscious assimilation of legal knowledge;

- Consideration of psychological features of school–age children.

The basis of the legal education of students, in turn, should be legal enlightenment. Legal knowledge contributes to a proper understanding of social phenomena by the pupils, facilitates the development of their social activity, gives them the opportunity to find their way in life, determines the line between the permissible and the forbidden, helps them choose legal ways and means to protect the personal rights and interests.

Legal enlightenment of school–age children promotes the formation of specific legal conceptual thinking apparatus, which assists to the selection, classification and processing of legal information coming from the outside. Formation of the conceptual framework is one of the most important tasks of legal enlightenment of school – age children and this is the only way to develop the capacity of independent, proper and conscious assimilation of the legal knowledge. The ability to adequately and objectively assimilate the legal information and manifestations of the legal reality is a necessary condition for the legal education as well as legal behavior of an individual.

The analysis of the culture, including legal training and education i.e. factors that influence the formation of the legal awareness of an individual, shows that these factors are among the relevant at the moment and require solutions to the existing problems. At the same time in conducting reforms in this area the institution of the legal culture should not be interpreted in a narrow sense, but rather be seen as positive attitude of each person to the law.

III. Problems and selection of the development model

The necessity to develop the present Concept emerged in line with the country development goals enshrined in the strategic documents of the state and the focus of these documents is a person, his / her rights and freedoms.

Legal mentality lays the primary foundation and generates the individual specific features of the cognitive process and formation of legal attitudes of an individual; it is the basis of legal awareness, by way of acquiring experience, its analysis and the formation of individual legal convictions.

The legal mentality as a sustainable perception of the Kyrgyzstanis, the character of their actions and their role in the society is influenced by external and internal factors, such as the historical experience of the people, the level of public education, geography, economic methods, multi-ethnic composition of the population as well as the global and regional processes.

The events of 2005 and 2010 were the outcome of the ineffectiveness of many reforms in the area of state and legal system development as well as the majority of administrative decisions made without taking into account the legal mentality and any systemic action to change it.

The relevant fact is that the level of legal conscience and legal culture of the modern Kyrgyzstan do not correspond to the country’s development needs.

Earlier measures to increase the legal culture turned to be insufficient and never led to significant changes in the legal mentality of the Kyrgyz people. The reasons for this are insufficient level of legal advocacy, legal training and education, especially in rural areas.

In the Kyrgyz Republic today the norms of law do not fully reflect the customs and traditions of the Kyrgyz people which existed earlier and which are currently in force. This makes the current legislation detached from the legal mentality and not always effective because, from the point of view of the people, some of the managerial and judicial decisions are unfair.

The existing practice of legal education and training is inadequate and the measures prescribed in the departmental documents are limited. As a result, citizens have no proper legal model of law–abiding behavior. In their lives they are often guided by their intuition, unreliable or incompetent advice.

In programming the activities in the area of legal culture one should take into account the fact that the Kyrgyz people have inherent rejection of authoritarianism and conscious commitment to the basic democratic values.

It becomes obvious that the achievement of these goals is hampered by a number of problems which require immediate solution:

Low confidence of citizens in the systems of public administration and local self–governance, being the result of violations of their rights and freedoms, does not allow them to fully engage in reform efforts to ensure the rule of law.

Existing content and methods of legal advocacy, legal training and education of the broad population are not accommodated in full, as they limited and outdated for the majority of the population and this has a decisive influence on the legal mentality.

The existing level of inter–agency and inter–sectoral coordination in increasing the legal culture does not ensure multiple results and sustainability of changes.

Approaches used towards the resource provision for the development of certain components of the legal culture such as the legal advocacy, training and education, need to be revised in terms of their adequacy and effectiveness.

The solution of these problems requires results–based programming approach which will allow the implementation of intended objectives and lay the foundation for implementation of large–scale activities in a long–term perspective.

The essence of the results–based programming approach is clear definition of goals, development of plans and programs for the most efficient achievement of intended goals, the allocation of necessary resources for their implementation and the management of execution.

The experience of using this approach shows its advantages compared to other management tools for change management.

IV. Priorities, tasks and measures

Development of legal education and training

The priority “Development of legal education and training” envisages the systematization and expansion of legal education and training.

This task involves the implementation of the following: (a) inclusion of acquaintance with human rights and the branches of the law at the level acceptable for children in the “Rodinovedenie” (Knowledge of Motherland) course for primary school (classes 1–4); inclusion of materials on the issues of law, respect for the law / the rule of law in the course “Man and Society” for general education (classes 5–7), as well as the development and introduction of a package of training materials for pupils in classes 9–11; a methodological guide for teachers on the issues of respect for the law / the rule of law; (b) launch educational projects to increase the legal culture of citizens through the media; (c) conduct an annual Olympiad for students (pupils) on the fundamentals of law; (d) introduce activities on non-violent conflict resolution in the curriculum of general education organizations; (e) implement the program on legal education of children in residential care, as well as legal and religious education of persons in detention facilities.

Increasing the effectiveness of legal advocacy (propaganda)

Within the framework of the priority “Increasing the effectiveness of the legal propaganda” the following tasks are envisaged: (a) improving the efficiency of the legal advocacy; (b) strengthening of public confidence in the state, its institutions and the effectiveness of the legal system; (c) promotion of lawful human and civil behavior.

To achieve the first objective the following steps are envisaged: (a) develop a handbook on the legal awareness raising among the population; (b) introduce the state social contract to increase the legal culture of people in the regions; (c) develop a media plan to increase the legal culture of the population; (d) analyze the status of the legal culture in the country; (e) create legal sections (headings) on departmental websites of state and municipal authorities and post necessary legal information there.

To implement the second objective the following activities are planned: (a) to develop departmental action plans to raise the confidence index ratio of the population to state and municipal authorities; (b) to supplement the Regulations of the ministries and agencies with the function to carry out activities for the legal awareness of the population in the supervised sectors and introduce the practice of reporting on the implementation of this function; (c) include in the action plan / obligations of heads of ministries and departments a broad information campaign on the work done, as well as the speeches in the media explaining the normative and legal acts for supervised branches; (d) develop the practice of explanatory lectures on legal issues in general education (schools) and higher education institutions (universities).

In order to implement the third task one must perform the following steps: (a) design and launch media products to visualize the effectiveness of legal methods of conflict (dispute) resolution; (b) introduce the practice of dissemination of positive examples of legal behavior of citizens through the media and Internet; (c) introduce the practice of providing legal information and consultations through the “Bus of solidarity”; (d) develop a model action plan and methodological guidelines on prevention of offenses for public prevention centers; (e) establish an annual award for journalists for the best coverage of approaches towards improving the legal culture; (f) create and broadcast social videos on the legal subjects.

V. Risk assessment

The following risks were identified which may emerge in the course of the implementation of the Concept:

- Reduction in envisaged volumes of budgetary funds in the course of the Concept implementation, which would require the amendments to the Action plan of the Concept implementation, the revision of the target values of indicators and possibly abandonment of certain measures;

- Reduction in the relevance of certain events over time;

- Long–term implementation period of the Concept resulting in increased uncertainty and deviations from the planned target indicators;

- Ineffectiveness of the organization and management of the implementation process of the Concept activities;

- Low efficiency in the use of the budgetary funds;

- Insufficient implementation standards among the executing agencies for the Concept and the Action Plan for its implementation.

Risk management measures:

- Conducting a comprehensive analysis of the external and internal environment of the Concept implementation with a subsequent revision of the evaluation criteria and the selection of its activities. Improving the implementation mechanisms of the Concept on the basis of changes in the internal and external environment;

- Monitoring and on the basis of its findings ensuring rapid response and introduction of changes in the Concept, leveling or reducing the impact of negative factors on the achievement of the targets;

- Development and introduction of an effective system of control over implementation of the measures, as well as the efficiency of using budgetary funds;

- Regular, inter alia, external evaluation of the effectiveness and efficiency of the Concept implementation;

- Decisions to achieve effective collaboration between the authorized agency and the participants in the Concept implementation.

VI. Appraisal of resources

Successful implementation of the Concept will require the mobilization of all available sources of financing.

The total costs of the Concept (financing needs for measures and tasks) for the period from 2016 to 2020 amounts to KGS 101.3 million. Capacity in general is estimated at KGS 42.2 million i.e. 41.7 %. The part not covered by funding amounts to KGS 59.1 million i.e. 58.3 %.

Confirmed funding for the events envisaged in the Concept (KGS 42.2 million) is comprised of:

- Funds from the Republican budget – KGS 28.7 million;

- Funds from local budgets – KGS 5.6 million;

- Donor funds – KGS 8.0 million.

The volume of confirmed funding from the state budget mainly represents the estimated labor costs of employees of various ministries and administrative agencies that will participate in the implementation of the Concept.

At the same time, full implementation of the Concept requires the allocations of additional financing from the Republican budget in the amount of KGS 35.3 million for the period since 2017 to 2020. The bulk of this amount (KGS 33.2 million) is needed for the implementation of the first section “Development of legal education and training”.

In breakdown by sections there are the following indicators:

1) the required funding for the development of legal education and training is estimated at KGS 81.5 million. Common funding opportunities make up KGS 29.3 million, including the state budget – KGS 25.9 million (KGS 20.5 million from the Republican budget and KGS 5.4 million from the local budget) and funds from donor agencies in the amount of KGS 3.4 million. Therefore the financing of this section is covered at 35.9 % of the required amount. The remaining funds in the amount of KGS 52.2 million should be found, including those from the republican budget (KGS 33.2 million) and from donor agencies (KGS 19.0 million).

The missing funds from the Republican budget are comprised of:

- Development, translation and printing of variative modules to develop professional skills of the staff of kindergartens in general issues of law and the rights of the child – KGS 2.8 million in 2018–2020;

- printing of training materials:

a) on human rights and sectors of law for 1–4 classes (these are included in the course “Rodinovedenie” (Knowledge of Motherland)) – KGS 12.4 million in 2019;

b) on respect of the law / the rule of law for 9–11 classes – KGS 10.7 million in 2018.

Conducting competence development courses for teachers in basic rights (participants’ accommodation and transportation expenses) – KGS 5.5 million for the period since 2018 to 2020 (annually KGS 1.8 million).

The elaboration of programs for legal education of children and the legal enlightenment of persons in places of detention, as well as conducting relevant trainings — 1.7 million soms in 2017 — 2018;

2) The financing of the section on improving the quality of the legal advocacy among the population amounts to KGS 19.8 million. Confirmed funding opportunities make KGS 13.0 million i.e. 65.4 % of amount needed. About 6.8 million KGS shall be found, including funds from the Republican budget (KGS 2.1 million in 2020 to conduct sociological polls to analyze the status of legal culture in the country) and donor agencies (KGS 4.7 million).

Therefore, the implementation of the priorities, objectives and measures of the Concept require financial resources totaling KGS 101.3 million, of which confirmed funding makes 41.7%, or KGS 42.2 million.

VII. Monitoring and evaluation of the implementation of the Concept

Regular monitoring and evaluation of the implementation of the Concept and the Action Plan will be an effective tool for tracking the progress in performance, allowing making timely decisions and introduce adjustments.

The harmonized system of indicators will become an integral component of monitoring, interim and final evaluation of progress in implementing the identified priorities for 2016–2020 within the framework of the present Concept. Indicators of monitoring and evaluation will have qualitative and quantitative characteristics and they are focused on the human being, his / her rights, freedoms and interests.

The sources of information for the monitoring will be the findings of the population surveys, independent assessment and reports of public administration and local self–governance bodies.

Monitoring and evaluation indicators will allow tracking the intermediate results of the implementation of the Concept taking into account the envisaged resources as well as the final results through the indicators of achievement of stated goals and objectives.

The findings of monitoring and evaluation will be used as a management tool for adjustment of the Action Plan to implement the Concept, improve the capacity of implementing partners and effective use of resources.

Annex
to the Concept of increasing the legal culture
of the population of the Kyrgyz Republic for 2016 — 2020

Matrix of indicators
for the monitoring and evaluation of the Concept of increasing the legal culture of the population
of the Kyrgyz Republic for 2016–2020

NN

Tasks

Indicator

Unit of measurement

Baseline year (2016)

Intermediate indicators (annual)

Final indicators or benchmarks (2020)

Responsible agency

201720182019

Section I. Development of legal education and training  

1.1.Systematization and expansion of legal education and trainingMethodological support to legal education and legal training

%

-

15 %15 %20 %

50 %

MES

Section II. Improved quality of legal propaganda among the population

2.1.Increased efficiency of the legal propagandaLegal literacy / the level of legal thinking and sensual perception of legal reality by the population

%

-

15 %20 %25 %

40 %

MJ
2.2.Strengthening the confidence of citizens in the state and its institutions as well as efficiency of the legal systemIndex of citizens’ trust

%

-

15 %20 %25 %

45 %

Ministries and agencies
2.3.Propaganda of lawful conduct of a person and citizensObservance of legal norms

%

-

15 %15 %25 %

45 %

MJ, MCIT

Annex 2

Approved by the Resolution of the Government of the Kyrgyz Republic
No _____ dated ___________ 2016

Action plan
to implement the Concept of increasing the legal culture
of the population of the Kyrgyz Republic for

2016–2020

 

NN

Tasks

Measures / activities

Implementation period

Expected results (products)

Responsible agencies and institutions

Section I. Development of legal education and training

1.1Systematization and expansion of legal education and trainingIntroduce the following classes of spiritual, moral, civic and legal education in the curriculum of pre–school educational institutions:

 

- respect to state symbols (emblem, flag and anthem), Constitution and laws, cultural, national and other values;

- respect and observance of rights and freedoms of other persons irrespective of their gender, race, language, beliefs, ethnic affiliation etc.

2017

 

 

 

 

The cognitive and developing environment is created for formation of positive behavior of an individual since early age

 

 

MES

 

 

1.2Produce a series of cartoon programs for pre–school children in the issues of legal and civic education2017The process of spiritual, moral, civic and legal education of children of pre–school age is supported by a specially produced cycle of cartoon programsMES
1.3Develop variative modules on general issues of law and rights of children (4 and 8 hours) for the system of training to staff of pre–school educational institutions2018 — 2020Learning and mastering necessary legal knowledgeMES
1.4Include acquaintance with human rights and the branches of the law at the level acceptable for children in the “Rodinovedenie” (Knowledge of Motherland) course for primary school (classes 1–4)2017 — 2020100 % of school children of 1–4 classes are covered by education in the fundamentals of lawMES
1.5Include materials on the issues of law, respect for the law / the rule of law in the course “Man and Society” for general education (classes 5–7)2017 — 2020100 % of school children of 5–7 classes are covered by education in the fundamentals of lawMES
1.6Develop and introduce a package of training materials for pupils in classes 9–11 and a methodological guide for teachers on the issues of respect for the law / the rule of law2016 — 2018The process of legal education and training of school children is ensures by availability of specially designed methodological complexesMES
1.7Conduct courses of professional development for teachers in the fundamentals of law2018 — 2020Learning and mastering necessary legal knowledgeMES, KSLA
1.8Introduce activities on non-violent conflict resolution in the curriculum of general education organizations2017Reduction in number of offences related to violence, school racketeering,MES, MLSD, The Ombudsman (Akiykatchy) (to be confirmed)
1.9Conduct annuals Olympiad for students (pupils) on the fundamentals of law (“Man and Society”)AnnuallyEncouragement of school children to study the provisions of lawMES, The Ombudsman (Akiykatchy) (to be confirmed)
1.10Implement the programs on legal education of children in residential care, as well as legal and religious education of persons in detention facilities2017–2019Increased level of legal and religious literacy, including by strengthening the principles of respect for various beliefs and convictions, prevention of dissemination of religious intolerance, radicalism and extremismMES, GSIN, SCNS, the Ombudsman (Akiykatchy) (to be confirmed), SCRA (to be confirmed), SBMK (to be confirmed)
1.11Conduct courses on professional development of municipal servants in the fundamentals of lawRegularlyIncreased legal competence of municipal servantsGAMSUMO, SPS (to be confirmed)

 

 

1.12Launch educational media projects to increase the legal culture of the population through media as well as Internet2016–2020Citizens have the opportunity to increase their legal literacy through media and InternetMJ, MCIT, the Ombudsman (Akiykatchy) (to be confirmed), OTRK (to be confirmed), ELTR, «Kyrgyz Tuusu», «Erkin Too», «Slovo Kyrgyzstana»

Section II. Increasing the efficiency of legal advocacy among the population

2.1Increasing the efficiency of legal advocacyDevelop a handbook on the legal awareness raising among the populationIII–IV quarters of 2016Creation of the methodological framework for effective legal advocacy among various population groupsMJ, NISR
2.2Introduce the state social contract to increase the legal culture of people in the regions2016–2020Involvement of the civil society institutions and the local self–governance bodies, more events on legal advocacy in the regions, emergence of new forms and methods of increasing legal cultureMJ, MF, GAMSUMO
2.3Develop a media plan to increase the legal culture of the population4th quarter of 2016Increasing the legal culture of the population through mass mediaMJ, MCIT, the Ombudsman (Akiykatchy) (to be confirmed), OTRK (to be confirmed), ELTR, «Kyrgyz Tuusu», «Erkin Too», «Slovo Kyrgyzstana»
2.4Analyze the status of the legal culture in the country2020Monitoring and evaluation of the status of the legal culture in the countryNISR
2.5Create legal sections (headings) on departmental web sites of state and municipal authorities and post necessary legal information thereMarch 1, 2016Functioning of legal sections (headings) which can be used by citizens in getting acquainted with relevant sectoral legal informationMinistries and agencies, the Supreme Court (to be confirmed), Prosecutor General (to be confirmed), the Ombudsman (Akiykatchy) (to be confirmed) the CEC (to be confirmed), the Judicial department (to be confirmed), mayor’s offices of Bishkek and Osh (to be confirmed), offices of the plenipotentiary representatives of the Government of the Kyrgyz Republic in provinces
2.6Strengthened confidence of citizens in the state, its institutions and the effectiveness of the legal systemDevelop departmental action plans to raise the confidence index ratio of the population to state and municipal authorities2nd half of 20161) Trust of population in the activity of governmental and municipal institutions;

 

2) Satisfaction of population with public and municipal services;

3) Increased credibility of judicial and law enforcement agencies

Ministries and agencies, the Supreme Court (to be confirmed), Prosecutor General (to be confirmed), the CEC (to be confirmed), the Judicial department (to be confirmed), mayor’s offices of Bishkek and Osh (to be confirmed)
2.7Supplement the Regulations of the ministries and agencies with the function to carry out activities for the legal awareness of the population in the supervised sectors and introduce the practice of reporting on the implementation of this function2nd half of 2016Involvement of governmental institutions in activities related to legal advocacy among the populationMJ, ministries and agencies
2.8Include in the action plan / obligations of heads of ministries and departments

 

- a broad information campaign on the work done,

- speeches in the media explaining the normative and legal acts for supervised branches

In accordance with the approved planDevelopment of a positive image among the population on performance of ministries and agencies, availability of knowledge of sectoral legislationMinistries and agencies
2.9Explanatory lectures on legal subjects in general education (schools) and higher education (universities) institutionsAnnuallyEstablishment of a platform for dialogueMinistries and agencies, Prosecutor General (to be confirmed), the Ombudsman (Akiykatchy) (to be confirmed), the CEC (to be confirmed)
2.10Advocacy of human and civil lawful behaviorProduce and launch media products for visualization of efficiency of legal means of disputes (conflicts) resolutionDecember 1, 2016Enhancement of the practice of non–violent resolution of disputes (conflicts)MJ, MCIT, OTRK (to be confirmed), ELTR, «Kyrgyz Tuusu», «Erkin Too, «Slovo Kyrgyzstana»
2.11Implement the practice of disseminating positive examples of lawful behavior of citizens through the media and InternetRegularlyPositive examples of lawful behavior are availableMJ, MIA, GSIN, MCIT, the Ombudsman (Akiykatchy) (to be confirmed), OTRK (to be confirmed), ELTR, «Kyrgyz Tuusu», «Erkin Too», «Slovo Kyrgyzstana»
2.12Implement the practices of providing legal information and advice with the use of “Bus of Solidarity”2016 — 2017Provision of free qualified legal aidMJ, mayor’s offices of cities (to be confirmed), local public administrations, UNDP (to be confirmed)
2.13Develop a model plan of activities and methodological guidelines on prevention of offences for public prevention centersApril 1, 2016Reduction of offences on the territory of ayil aimaksMIA, GAMSUMO
2.14Establish an annual award for journalists for the best coverage of approaches towards increasing the legal culture2016–2020Encouragement of journalists to cover legal issues and respect for lawMCIT, The Ombudsman (Akiykatchy)(to be confirmed), OTRK (to be confirmed), ELTR
2.15Produce and broadcast social videos on legal subjects:

 

- prevention of unlawful behavior of drivers during traffic;

- prevention of blocking roads;

- development of anti–corruption awareness of citizens;

- increase electoral awareness of citizens including electoral activity;

- elimination of violence against children.

2016–2020The idea of performance of duties in good faith and observance of legal norms are becoming part of the public legal awarenessMJ, MIA, the CEC (to be confirmed), MLSD, MCIT, OTRK (to be confirmed), ELTR

 

 

        

 

List of abbreviations:

 

CEC                      the Central commission on elections and referenda of the Kyrgyz Republic;

ELTR                     the TV broadcasting company of the Kyrgyz Republic “Public television – ELTR”;

GAMSUMO          the State agency on local self–governance and interethnic relations with the Government of the Kyrgyz Republic;

GSIN                     The State penitentiary service with the Government of the Kyrgyz Republic;

KAE                      the Kyrgyz Academy of Education;

KSLA                    the Kyrgyz State Legal Academy;

MCIT                    the Ministry of culture, information and tourism of the Kyrgyz Republic;

MES                     the Ministry of education and science of the Kyrgyz Republic;

MF                        the Ministry of finance of the Kyrgyz Republic;

MIA                      the Ministry of the internal affairs of the Kyrgyz Republic;

MJ                        the Ministry of Justice of the Kyrgyz Republic;

MLSD                   the Ministry of labor and social development of the Kyrgyz Republic;

NISR                     the National Institute of Strategic Research of the Kyrgyz Republic;

OTRK                    the Public TV and radio broadcasting corporation of the Kyrgyz Republic;

Prosecutor
General                
the Office of the Prosecutor General of the Kyrgyz Republic;

SBMK                   the Spiritual board of Muslims of Kyrgyzstan;

SCNS                    the State Committee of National Security of the Kyrgyz Republic;

SCRA                    the State Commission on religious affairs of the Kyrgyz Republic;

SPS                       the State Personnel Service of the Kyrgyz Republic;

UNDP                   the United Nations Development Program.

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