Home > 5.2 Content of the referendum > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 89
 

Under the revised Article 89 par 7, the Prime Minister shall now appoint and dismiss the heads of local public administrations without co-ordinating this with local keneshes. The reference to having such actions conducted in accordance with “procedures of law” has also been removed. In this respect, the OSCE/ODIHR and the Venice Commission refer to their legal analysis pertaining to similar amendments, contained in the 2015 Joint Opinion. Local public administrative bodies are local branches of the central state, as opposed to local self-governance bodies, which are headed by local keneshes. While there is thus no obligation for the Prime Minister to consult with local keneshes when appointing the heads of local public administration, these types of consultations constitute a good practice that could help avoid friction between central and local representatives, especially in areas with significant minority populations. The removal of the reference to “procedures of law” is also of concern here, as it could suggest that the Prime Minister would have full discretion to appoint local public administrative officials without having to follow specific procedures and criteria. It is, therefore, recommended to reconsider the current amendments. Rather, as recommended in the 2015 Joint Opinion, the drafters, when amending these provisions of the Constitution, should consider incorporating mechanisms that would enhance transparency and reduce the potential for conflict between delegated state administration operating in local communities and local self-governance bodies.