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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Paragrah 96
 

In some countries, such a combination of ministerial and parliamentary functions is considered to violate the principle of separation of powers, as this may create a conflict of interest which de facto prevents such parliamentarians from exercising their parliamentary oversight functions over the executive. On the other hand, in some parliamentary regimes, which are based on close collaboration between the legislative and the executive, the combination of ministerial and parliamentary duties is even encouraged. At the same time, in many parliamentary systems, members of the executive remove themselves from the day-to-day work of the legislative in order to strengthen the ability of the legislative to hold the executive to account. In that case, it is often considered helpful to have them replaced by members of the same party. Indeed, and as noted in the 2015 Joint Opinion, the suspension of the parliamentary mandate of the Prime Minister and other members of Government would deprive the majority of valuable votes in this Parliament with a total of 120 seats, which could result in a distortion of the relative forces of political parties in Parliament. It may be useful for the respective legal drafters and stakeholders to debate this point in detail, and reiterate the positive and negative sides of all options in order to find a good solution that is most beneficial for the smooth and independent functioning of the Jogorku Kenesh.