Home > 4.2 Presidential elections > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
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Paragraph 88

The new paragraph 5 of Article 87 introduces the possibility for the Prime Minister to reshuffle his/her government and specifies the procedure for dismissal of ministers and the appointment of candidates to the vacant position, which includes the requirement that new members of the Government should be approved by the Jogorku Kenesh. Such draft amendments are overall in line with the recommendations made in the 2015 Joint Opinion.87 At the same time, under this new provision, the Prime Minister may propose the dismissal of all members of Government except for those heading state agencies in charge of defence and national security. The reason for this distinction is not clear, especially as the Prime Minister bears full responsibility for the Government’s performance under Article 89 of the Constitution. Therefore, he/she would appear to have unfettered discretion to propose the dismissal of any member of Government to the President. It is thus recommended to reconsider the above-mentioned limitation.