Again about redrawing of Constitution.kg
Date of referendum on amendments to the Constitution is not determined yet, but a movement against the plebiscite initiated by highly officials has already been created. Its representatives strongly opposed redrawing of the Constitution in favor of the trinity coalition leaders and urge Chynybai Tursunbekov, Omurbek Tekebayev and Felix Kulov not to involve people in their political intrigues.
Can't keep their word
Recalled, after the triumph of the main socialist offspring of the country in a referendum on June 27, 2010 people start talking about the substitution of the project. Like, the Constitutional Council took one option, but for citizens of Kyrgyzstan it was substituted for another.
According to a lawyer and member of the Constitutional Council-2010 Atyr Abdrahmatova, the leaders of the coalition factions operate on the principle of "a bad dancer is always impeded by something." And that "something" should be cut?
Atyr Abdrahmatova recalls how one managed to "fix" the document in 2010, keeping the Constitutional Chamber, for example, and to introduce moratorium on changes to the main document of the country. "Then we were chased, say, in the south the blood is shed, and it is necessary to adopt the Constitution. We tried as much as possible to ensure that there was no cult of the leader, but faction leaders failed to strengthen their power and usurp it. In addition, for such a law, as the Constitution, 10 years - the optimal time to assess its effectiveness. At the same time, and the social contract has been concluded - to maintain stability in the country no one can change the Constitution till 2020. And in the referendum on June 27, 2010, we voted for an option that was intended to bring the country back into the legal field. But the leaders of the factions of the majority coalition are again trying to redraw the Constitution, it is not known which changes they will make in the end," Atyr Abdrahmatova said.
If you really want...
A member of the movement "Against the referendum" Shairbek Mamatoktorov notes that the proposed by the leaders of SDPK, Ata Meken and Ar-Namys changes will open "Pandora's box." "Following this initiative, others will follow, and we will go back to the days when the Basic Law was changed almost every year," he said.
Experts argue that the initiators of the amendments to the Constitution are misleading the public. Since all of the proposed amendments are aimed only at strengthening and empowering the leaders of parliamentary factions. Although Felix Kulov calls these judgments speculation, say, on the contrary, by editing the contents of the text of the Constitution, the authors pursued quite different aims - to strengthen the vertical of the executive branch and to stabilize work of the parliament in the future. For example, ensure that the deputies, who left the post of prime minister, to return to the parliament again after the resignation.
"Well, what is this initiative - to suspend the powers of a deputy at the time of being prime minister, and then again to return the mandate? This is nonsense, nonsense. You know that after the resignation our prime ministers should be in prison, but not in parliament. Since they wanted make changes, why didn't they take into account the opinion of the people? For example, everyone wants to reduce the number of deputies. Why didn't they offer it? In a normal society the power should be decentralized, not concentrated. There is usurpation, and it is - a crime. The principles laid down in the eighth edition of the Constitution, adopted in 2010, provided a freedom for a deputy, and non- imperative mandate "saved" deputies from the dictatorship of leaders of parties and factions. And now we will get even more dependent and, therefore, useless deputies-puppets. All these proposed changes could be solved at the level of ordinary laws and codes. These three leaders no longer have any credibility among their own party members and thus, want to establish their authority over the parliamentary faction," Shairbek Mamatoktorov said.
When abusing authorities
Another important point. "Against the Referendum" movement emphasizes: the deputies have no right to lift the moratorium on reshaping of the Constitution. According to the constitutional laws, changes may be made at suggestion of the majority of a total number of deputies, or it should be people's initiative. But most importantly - an article, providing for removal of the moratorium, comes into effect only from September 1, 2015. Only 2/3 of the votes in three readings, with a two-month break in the readings can cancel operation of this law. That is, the initiators do not have time to abolish the moratorium on terms. Because it would require four months, while the fifth convocation has two weeks in reserve before summer holidays and a couple of months before expiration of the term of office.
Analyst Zamirbek Biymurzayev emphasizes that in this case the law is not retroactive, and only members of the sixth convocation can cancel its effect. Moreover, it is impossible to hold a referendum in parallel with the parliamentary elections, as the triple coalition plans to.
Ahead of the cart
However, the major coalition does not see violations of the law in its actions. As Felix Kulov told 24.kg news agency, a moratorium is imposed on topics related to human rights, so they aren't subject to changes until 2020, but the amendments to the sections of the Constitution, which deals with powers of the president, the parliament, the prime minister, the judiciary can be made only by a referendum. "Therefore, we are talking about the plebiscite. If we could change anything and meet deadlines, why do we need to hold a popular vote," he is perplexed.
However, the head of "Adilet" legal clinic Cholpon Dzhakupova recalls that the Basic Law is the guarantor of stability, and making changes is necessary only in a specific order. "Recently, representatives of NGOs, international organizations and civil society activists met with Omurbek Tekebayev, who admitted that they rushed to submit draft amendments to the Constitution for public discussion. According to him, he didn't look into the law for a long time. Later he called back and said that the procedure isn't violated by the rules of the Parliament. However, having studied the rules, we are convinced that it doesn't give the right to the deputies, even if they have a special status, to make changes. Even if the regulations would give such a right, the status of the Constitution is higher. The Constitution is strongly protected. This protection was thought up in 2010 and now changes can not be made arbitrarily," Cholpon Dzhakupova explained.
She added that the proposed changes will lead to an imbalance of power and transform the people's right - to elect those leaders whom they want to see in the Parliament - in profanity. This procedure will now become chronic. The leaders of factions will be able to blackmail the deputies and throw from Parliament those, who vote not right. So, it turns out that the corruption scheme is introduced through the legislation of the Kyrgyz Republic," Cholpon Dzhakupova noted.
But the three coalition leaders do not intend to lose positions and argue that they will make their changes through a referendum, and it will be held the same day as the parliamentary elections.
As the headquarters told 24.kg news agency, SDPK, Ata Meken and Ar-Namys form their party lists on the basis of loyalty to discussing changes to the Basic Law.
Rake?
So, the bills, envisaging amendments, are already submitted for public discussion. At the same time the movement in defense of the current constitution was established.
But experts do not cease to remind that force of the Constitution is in its immutability, lobbyists of the amendments to the Basic Law inspire to the public false idea that the problems in the country - increasing corruption, failure of judicial reform, disorganization of state agencies and the alleged growing discontent of people - appeared due to incorrect text of the Constitution. "I want to warn people that they not to fall for this deception once again. The initiators find fault with the words and commas. But problem is not in the law. There is no perfect law. The strength of the Constitution - its immutability. Public attention is diverted from real causes of the current situation in the country. The political forces, represented in the Parliament, haven't yet matured to the level of people's representatives. They have mastered tools and benefits of lobbying activities, promoting bills, favorable for financial and wealthy groups. At the same time they are well practiced in this," the lawyer Nurbek Toktakunov noted and added that one of the main reasons for increasing corruption - the president' office unit. After all, it is no secret that the idea to adjust the Basic Law, evading the moratorium, belongs to Areopagus of the seventh floor. And we all know the end of these games.
By the frequency of redrawing the Constitution Kyrgyzstan stands in one rank with Haiti and Zimbabwe. Doubtful rating, isn't it?