Home > 5.3 Validity of the question > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 66
 

The proposed revised Article 96 par 2 states that the Supreme Court’s explanations on issues of court practice, which are also mentioned in the current version of the Constitution, “shall be mandatory for all courts and judges of the Kyrgyz Republic”. As already highlighted in the 2015 Joint Opinion, this amendment calls into question the general independence of the courts as well as individual judges’ independence. In addition, this provision also contradicts Article 94 par 3 which provides that any interference with the administration of justice shall be prohibited and lead to individual liability in accordance with the law.