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Magazine       "Oasis"
Year
No. 20 (20) December 2005
No. 19 (19) December 2005
No. 18 (18) November 2005
№ 17 (17) November 2005
No. 16 (16) October 2005
№ 15 (15) October 2005
No. 14 (14) September 2005
No. 13 (13) September 2005
12 (12) August 2005
11 (11) August 2005
No. 10 (10) July 2005
No. 9 (9) July 2005
No. 8 (8) June 2005
No. 7 (7) June 2005
No 6 (6) May 2005
No 5 (5) May 2005
No. 4 (4) April 2005
No. 3 (3) April 2005
No 2 (2) March 2005
No 1 (1) March 2005
THE AUTHORS
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on       journal [PDF]:
Oleg Panfilov,
project Manager,
panfilov[at]cjes.ru

Dmitry Alyaev,
chief editor,
alyaev[at]cjes.ru

Roman Zyuzin,
webmaster,
webmaster [at] cjes.ru

Adil Dzhalilov,
Kazakhstan,
adild[at]list.ru

a diamond stylus,
Kyrgyzstan,
citizen2005[at]yandex.ru

Nargis Zokirova,
Tajikistan
zokirova77 [at] mail.ru

Representative Names
in Uzbekistan and Turkmenistan
not disclosed

Lyudmila Burenkova,
technical editor,
lyuda [at] cjes.ru

Elena Dorokhova,
design,
inwork[at]frw.ru
Themis to destination
Oleg Pankratov
The proposal to liquidate the constitutional court has caused many disputes in the society. But is this the only problem in the field of the judiciary? Without an objective and independent judiciary, all other reforms lose their meaning.

Try to answer the question: if tomorrow does not become the mayor (chairman of the city Kenesh governor, deputy prime minister, etc.), will this make you worse? I have not once asked this question to many of my acquaintances or random interlocutors. And rarely did anyone answer that he could not imagine his further existence without these people. And why?

What is the state and what is its significance for ordinary citizens? If you do not go into abstruse theoretical reflections and do not quote the classics, then you can very simply answer this question. A certain number of people united by any signs (nationality, territory of residence, historical reasons, etc.) set for themselves certain rules of cohabitation and create organs that should translate these rules into practical matters.

What are the rules set by us. Citizens of Kyrgyzstan have decided that they will independently provide themselves with everything they need through their ownership of the means of production (market economy). But there remain some areas where market relations are not always in demand. This is defense, public order, social security. In addition, the citizens of Kyrgyzstan wanted to have free education and health care. That's basically all the functions that the Kyrgyz people assigned to the state. Naturally, in order for the state to be able to fulfill its functions, resources are necessary. In this regard, it was decided that every Kyrgyzstani will donate part of their income in the form of taxes to the general piggy bank (budget), and this money will hire specialists who will provide certain services to Kyrgyz citizens.

And now let's see how well hired by us the officials cope with their duties? Do we have an army capable of withstanding any external threats? Could these people have ensured public order and the fight against crime? Have you been able to create a decent social security for disabled citizens? Do we have free and quality education or health care? As it turns out, rhetorical questions ...

Officials, from the president to the ordinary clerk, for some reason, immediately after being elected or appointed to office, are considered to be supermen, a kind of “caste of the elect”, but not as employees (with rare exceptions). At the same time, they are divided into two categories. Some immediately begin to use their position to create personal material well-being, others begin to think of themselves as “savior of the middle name”. And if everything is more or less clear with the first, then the second is a “special case”. In the understanding of these people, the state is a machine in which citizens are "cogs" and they are authorized to "control" this machine. And the most terrible thing is that in their understanding, to move in the “right direction”, which they supposedly have the right to determine, you can safely sacrifice these same, “simple cogs”. And as a result, these officials begin to lead everything and everyone, intervene in business, establish the framework of the rights and freedoms of citizens, influence the formation of public opinion, through control over the media, and perform many more unusual actions for the employee.

Assuming such threats, the principle of separation of powers has been introduced in Kyrgyzstan. Legislators should determine the rules of coexistence, the executive power embodies these rules in practice, and the judiciary is the guardian of these norms. And one of the most important tasks of the judicial system is to enable citizens to influence their employees. It is the courts that are called upon to stand guard over the rights and freedoms of citizens and, at the first signs of their violation, respond adequately to this, so that even thoughts do not arise, which can be sacrificed for a “cog” in the name of “higher goals”.

But what do we see in practice? The judicial authority, as such, has not been formed in our state. It performs many functions, but not the main one, which, like air, is necessary for a healthy state. And the reason for this is the lack of dependence of the judicial system on its main consumers - citizens of Kyrgyzstan. There was a deformation of the system and other branches of government became the main consumers of the judicial system services. How did that happen? Everything is simple, the service is always provided to the consumer who orders and pays for it. Consequently, those who appoint (approve) judges and those on whom the provision of the judicial system with resources (including financial ones) depends are the main consumers. It is on them that the judiciary will work. This is what we are seeing in recent years.

How can this be changed? The answer suggests itself, in order to become the main consumers of services, it is necessary to take over the appointment (election) of judges and the provision of resources to the courts. And now is the time to do this when we are working on a draft of amendments to the Constitution of the Kyrgyz Republic. After all, this document establishes the basic norms of relations in our society, and what the document will be like, the citizens will continue to live.

Depriving the President and the Jogorku Kenesh of the right to appoint and approve judges, it is possible to introduce a new constitutional provision that will make judges dependent on ordinary citizens. If the residents themselves elect judges, then judges will decide on public opinion, and not on the president or deputies. And making an illegal decision or a decision on a call from above will be fraught with the fact that in the next elections no one will vote for this judge.

When this proposal was voiced at the constitutional meeting, naturally, many opponents of this idea instantly appeared. I think you should not ask who these people are. Everyone understands that the main opponents of the introduction of the institution of election of judges were officials and deputies. Well, they don’t want to lose the opportunity to be the main consumers of the services of the judicial system. They do not want the judiciary to cease to guard their interests and go into the service of the people. This position, although unnatural, is still understandable. Another thing was surprising, the main argument of the opponents of the election of judges was the thesis that the people are not able to make the right choice. And as an example, the last elections to the Jogorku Kenesh were cited. Yes, such arrogance and such cynicism was difficult even to imagine. As soon as the language is turned by the servant of his people to declare that this very people is so worthless that it is not even able to make an informed choice! Such statements once again confirm that many of the people we hired as our employees have long forgotten who they are and imagined themselves super-entities, demigods, and their employers, their people, are treated like "And nothing more. Forgot gentlemen officials and deputies who are called to serve!

Such a situation and such a position of some representatives of the executive and legislative authorities once again proves that ordinary citizens should have an effective mechanism that limits the arbitrariness of officials and deputies. No need to "reinvent the wheel", the mechanism was invented long ago, it remains only to put it into practice. This mechanism is a judicial system that is independent of other branches of power. The first step has been taken. The draft amendment to the constitution has already reflected that the financing of the courts should be transferred from the executive to the judiciary. But this is only part of the question. The most important point is the creation of a new principle of appointment. And it is here that the civil sector now has a chance to achieve the transfer of this function from the President and the Jogorku Kenesh to the sole bearers of true democracy, the people of Kyrgyzstan. And this chance cannot be missed; otherwise, for a dozen years, our state will stagnate, and the Kyrgyz people with a fair amount of envy look at the progressive well-being of other states.
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