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 113
 

Article 2 par 6 of the Draft Law refers to the non-applicability of time limits “in respect of persons who committed crimes in officio in preparation to the development and exploration of the ‘Kumtor’ gold deposit, as well as crimes against the interests of the service at non - governmental enterprises and organizations engaged in the development of the ‘Kumtor’ deposit. Such persons shall be brought to criminal liability irrespective of time of commitment of criminal offences except for persons in respect of whom there are judicial acts on application of time limits which entered into legal force”. It is unclear why such a provision specifically addressing an individual legal affair or individual legal cases is included in the Draft Law aimed at amending the Constitution, and particularly in its transitional provisions. Legislative competence implies the adoption of laws of a general nature, that are applicable to all, rather than to specific individual situations/cases; a focus on individual legal cases could also give the impression that the legislator may wish to directly interfere in specific cases, which would contradict the principle of the separation of powers. Generally, new legislation should not have retroactive effect if it in any way places individuals in a situation that is worse than under the previous legislation. Moreover, Article 2 par 6 of the Draft Law also conflicts with the new Article 26 par 7 of the Constitution which provides that decisions regarding the applicability of statutes of limitations should be exclusively taken by the court. It is therefore recommended to delete Article 2 par 6 of the Draft Law.