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 99
 

Additionally, whereas the prosecution service previously only oversaw the implementation of laws by executive powers and local self-government bodies, the new Article 104 par 1 expands this supervision to “other state institutions listed in the constitutional law”. If “other state institutions” under this provision would be interpreted to include judicial institutions, this amendment would hardly be in compliance with the democratic principle of separation of powers, under which an independent judiciary oversees the executive, and not vice-versa. For this reason, and due to related concerns set out above, the inclusion of such provision in the new Article 104 par 1 should be re-considered.