Kyrgyzstan Judge Candidate Competitive Selection flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Constitution of 2021

Fundamental law adopted 5 May 2021 that established a presidential republic, replaced the parliamentary model, and created a unicameral 90-seat Jogorku Kenesh elected for five years.

Constitutional Court

Body of 11 judges that reviews conformity of laws and ratified treaties with the Constitution, resolves inter-organ disputes, and issues final binding decisions.

Constitutional law majority

A constitutional law requires at least two-thirds of the total number of 90 deputies, that is 60 votes, whereas ordinary laws need a majority of those present with a quorum of 45.

Treaty status in Constitution

Ratified international treaties form part of the legal system, prevail over ordinary statutes, and cannot contradict the Constitution, which retains supreme legal force.

Council for Selection of Judges

Standing body that screens, tests, and interviews candidates for judicial office and submits selected candidates for appointment by the President.

Judge eligibility requirements

Citizen of the Kyrgyz Republic, at least 30 years old, higher legal education, at least five years of legal-professional experience, clean record, no prior removal from judicial office.

Judicial term of office

First appointment is for five years; subsequent terms run until retirement age of 65, and judges are irremovable except through the statutory removal procedure.

Judicial immunity

Judges cannot be prosecuted or detained without consent of the Constitutional Court or Council of Judges, as prescribed, and immunity does not cover acts outside judicial functions.

General limitation period

Three years for most civil claims, with an outer limit of ten years from the violation of the right, unless the law establishes a special period.

Transfer of ownership

Ownership under a contract passes when the thing is transferred unless law or contract provides otherwise; rights in immovables arise only upon state registration.

Civil claim requirements

The statement of claim identifies the court, parties, circumstances, supporting evidence, and the claim; the court opens proceedings within five days of filing.

Civil appeal deadline

An appeal against a first-instance civil judgment may be filed within thirty days of the judgment being rendered in final form.

Age of criminal liability

Criminal liability generally begins at sixteen; for a listed set of grave offences such as murder, rape, robbery, theft, and drug trafficking it begins at fourteen.

Detention review deadline

A detained suspect must be brought before a court within forty-eight hours so the court can decide on the preventive measure with the suspect and counsel present.

Inadmissible evidence

Evidence obtained in violation of law cannot be used; the defence may move to exclude it, and the prosecution bears the burden of proving admissibility.

Criminal appeal period

A verdict may be appealed within ten days, counted from the date the convicted person receives a copy of the judgment.

Administrative act requirements

An administrative act must be written, reasoned, and inform the addressee of appeal rights and deadlines; otherwise it may be annulled by an administrative court.

Challenging administrative act

A person may complain to a higher body within thirty days of notification, then to an administrative court within thirty days of the higher body's decision.

Burden in administrative dispute

The state body must prove the lawfulness of its administrative act; the citizen only needs to show that a right was violated.

Administrative fine payment

A fine must be paid within thirty days; after the decision becomes final, an unpaid fine may be enforced through the state enforcement service.

Working time standard

The normal working week is forty hours; minors under sixteen work at most twenty-four hours and those aged sixteen to eighteen at most thirty-six hours.

Annual paid leave

At least twenty-eight calendar days per year; the first leave may be taken after six months of continuous employment with the same employer.

Child support shares

Court-ordered support is one quarter of earnings for one child, one third for two, and one half for three or more children.

Marital property regime

Property acquired during marriage is joint; gifts, inheritance, and pre-marital property remain separate unless commingled or transformed by agreement.

VAT and profit tax rates

Value added tax is twelve percent, profit tax is ten percent, and personal income tax is a flat ten percent under the Tax Code.

Tax audit appeal

A taxpayer may appeal an audit decision to a higher tax body within thirty days and then to the administrative court.

Patent tax regime

A special regime available to individuals whose annual income is below the statutory limit, replacing several taxes with a fixed payment.

National Bank role

Regulates banking and monetary policy, issues the som, and sets the discount rate; banking licences are issued through the financial market regulator.

Treaty performance rule

Under the Vienna Convention a state cannot invoke its internal law to justify failure to perform a treaty obligation.

Non-refoulement

Prohibition on returning a person to a state where they face torture or persecution, grounded in the 1951 Refugee Convention and the Convention against Torture.

Judicial recusal

A judge must withdraw if personally interested, related to a party, or if circumstances cast doubt on impartiality; the presiding judge or court decides the recusal.

Judicial act structure

Four parts: introductory (court, parties, case number), descriptive (claims and facts), reasoning (evidence and norms), and operative (the ruling and appeal terms).