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Bishkek
February 21, 2005, #36

THE LAW OF THE KYRGYZ REPUBLIC

On jaamats (community organizations)
and their associations

Part I. General provisions
Part II. Establishment, membership and activity of community
organization
Part III. Associations of community organizations
Part IV. Concluding provisions

This Law determines the procedure, principles of establishment and activ
ity
of community organizations and their associations, set up in villages,
settlements and cities. It also regulates their relations with the state
government and local self-governance bodies, legal entities and individuals and
is targeted at developing legal and organizational basis for social mobilization
in the Kyrgyz Republic, providing state guarantees to community organizations
and their associations regarding self-governance.

Part I
General provisions

Article 1. Basic notions and terms

The following notions and terms are applied in this Law:
community organization is a voluntary self-governed organization, making
part of the local self-governance system, established by individuals on the
basis of common interests for the purpose of meeting spiritual, social a
nd other
requirements of community organization and local community members;
community organization associations are voluntary formations established
by
community organizations in the form of associations (unions), for coordination
of their activity, protection and representation of common interests,
implementation of joint projects and resolving other common tasks and pr
oblems;
community organization chairman is a person elected by community
organization members in accordance with the community organization Chart
er;
community organization manager is a person appointed by the community
organization chairman by approbation of the general meeting of community

organization members for the purpose of managing its financial and economic
activity;
community organization Charter is the main legal document of the communi
ty,
regulating community organization activity, developed and adopted by its
members
and registered in ayil, village, city kenesh;
general meeting of community organization members is the supreme managing
body of community organization;
community property is the property of a community (in monetary form and
in
kind), owned, used and disposed by a community organization. It is the source of
gaining income and meeting the spiritual, social and other needs of comm
unity
organization members and local community;
local development fund is a public fund established by community
organizations and formed by contributions of community organizations and their
associations, contributions of ayil okmotu, sponsors, organizations and
international donors on voluntary basis.

Article 2. Main goals of community organization activity

The main goals of a community organization activity are:

– meeting social, spiritual and other needs of community organization an
d
local community members;
– involving community organization members in its activity management;
– rendering mutual aid to community organization members;
– raising the population activity with regards to social mobilization.

Article 3. Principles of community organization establishment
and activity

Community organization activity is based on the following principles:
– legality and social justice;
– voluntary membership;
– democracy, publicity, and taking public opinion into account;
– collective leadership, free discussion when resolving appropriate issu
es;
– self-determination, self-regulation and self-financing based on economic
and business activity;
– facilitating household representation;
– common interests of community organization members.

Article 4. Community organization autonomy

1. A community organization is autonomous in organizing and carrying on
its
activity within the limits of its competence established by this Law, th
e Kyrgyz
Republic legislation, other normative and legal instruments and a community
organization Charter.
2. The state government and local self-governance bodies are not allowed
to
interfere in any way in resolving the issues related to a community orga
nization
activity, except for cases stipulated in the Kyrgyz Republic Laws.
3. Community organization does not bear responsibility with regards to t
he
Kyrgyz Republic state government liabilities as well as those of local s
elf-
government bodies. Neither do they bear responsibility with regards to the
liabilities of a community organization and association of community
organizations, except for cases where the parties assume such liabilitie
s
voluntarily.

Article 5. Legal status of community organization

1. A community organization legal regulation is based on the Kyrgyz Repu
blic
Constitution, the Kyrgyz Republic Law “On local self-governance and local state
administration”, this Law, local community and community organization ch
arters
and other normative and legal instruments of the Kyrgyz Republic.
2. A community organization is a separate legal and organization form of
a
legal entity.
3. A community organization is a non-commercial organization.
4. A community organization is provided a legal entity status at its
registration in ayil, village, city kenesh on the grounds of the minutes of a
general meeting of community organization members and other foundation
documents.
5. A community organization owns, utilizes and disposes of financial ass
ets,
movable and immovable assets, owned by it under the Charter of a communi
ty
organization that is not in conflict with this Law and the Kyrgyz Republ
ic
legislation.
6. A community organization is entitled to purchase, lease, utilize,
negotiate, pledge, and sell the assets owned by this community organizat
ion. It
is entitled to render consultative and information services, arrange and hold
workshops and training events, related to the community organization activity
and exercise other authorities, necessary for implementing its goals and

objectives, unless they are in conflict with this Law and the Kyrgyz Rep
ublic
legislation.

Part II
Establishment, membership and activity
of community organization

Article 6. Community organization founders

1. Community organization founders are representatives of at least ten
households that unite on a voluntary basis.
2. At a general meeting a community organization founders:
– adopt the Charter regulating the community organization activity;
– elect the Chairman of the community organization.
3. Community organization founders develop the foundation documents of the
community organization and have them registered in ayil, village, city k
enesh.

Article 7. Community organization Charter

1. The basic legal document of a community organization is its Charter.
2. The Charter of a community organization must include:
– full and abbreviated names of a community organization;
– confirmation of the fact that a community organization is established by
the representatives of at least ten households, characterized by common
interests;
– provisions regarding the rights and duties of community organization
members;
– procedure and terms of member admission and walkout (exclusion) from a
community organization;
– determined minimal amount of community organization entrance and
membership fees, procedure and terms of paying them;
– provision on the authority and functions of the chairman and manager of a
community organization;
– procedure of decision making by a community organization administration
body;
– community organization activity regulations;
– procedure of electing a chairman and appointing a manager of a community
organization;
– procedure of establishing and spending a community organization savings
funds;
– procedure of introducing amendments and additions to a community
organization Charter;
– procedure book keeping and auditing of a community organization activi
ty;
– other provisions related to a community organization activity peculiar
features, that are in compliance with the Kyrgyz Republic Laws.
2. The Administration of a community organization is obliged to notify each
member of this community organization of all the amendments and addition
s to the
community organization Charter a month prior to their adoption.
3. A community organization Charter is adopted at a general meeting by a
majority vote of the founders attending the meeting.

Article 8. Community organization name

1. Under the Kyrgyz Republic Laws the only name used by a community
organization is the name indicated in this community organization Charte
r.
2. It is not permitted to use symbols, identical or similar (to the extent
of confusion) to the names of community organizations previously established on
the appropriate territory, as a name of a community organization.

Article 9. Community organization members and their rights

1. Under the Charter of a community organization, a member of a communit
y
organization may be an individual who has come of age and is permanently
residing on the appropriate territory of a local community, who pays mem
bership
fees, is characterized by common interests with the community organization, and
represents the interests of one household.
2. Under the Charter of a community organization, membership of a community
organization and walkout from it are voluntary.
3. A community organization members enjoy equal rights regarding community
property utilization.
4. A community organization member has the right to elect and be elected
to
its administrative body.

Article 10. Expulsion from a community organization membership

1. A community organization member may be expelled for a failure to comply
with and/or improper compliance with the Charter provisions and norms.
2. Expulsion of a member from a community organization may take place only
upon its notification 30 days prior to expulsion and given it is granted the
right to have its say at the community organization general meeting.
Where a community organization member disagrees with the decision taken
by
the general meeting regarding its expulsion, the decision may be appeale
d from
in the order stipulated by the Law.

Article 11. Support of community organizations by state government
and local self-governance bodies

1. State government and local self-governance bodies provide support in:

– establishing legal, organizational, material and financial conditions
required for the formation and development of community organizations;
– attracting investments, grants and micro-credits for the formation and
development of community organizations, exercising by them the right to self-
governance.
2. When developing and taking decisions on the issues related to the
interests of community organizations, state government and local self-go
vernance
bodies hold consultations with community organizations.
3. Official applications of community organizations to state government
and
local self-governance bodies, related to their interests, are to be considered
under the Kyrgyz Republic Laws.
4. Local self-governance bodies exercise control of community organizati
ons’
activity in compliance with the Kyrgyz Republic Laws.

Article 12. Functions and competence of community organizations

1. Community organizations:
– represent the interests of their members in state government and local
self-governance bodies;
– participate in local kenesh activity, where issues under discussion de
al
with a community organization activity. They have the right of deliberative
vote;
– promote implementation of decisions, taken by local keneshes, their
executive and administrative bodies and local state administrations, reg
arding
community organizations’ activity;
– exercise public control of how the norms and rights of building up,
residential premises usage, maintenance of residential buildings and com
munity
owned household plots, fire protection and sanitary norms are observed; exercise
control of rational utilization of land, water and other natural resources;
historical, architectural and cultural monument protection; submit propo
sals to
the appropriate bodies on correcting the detected deficiencies;
– perform other functions under the Kyrgyz Republic Laws in accordance w
ith

the goals and objectives of a community organization Charter.

Article 13. Rights and responsibilities of community organization

1. A community organization has the right to:
– open accounts in banking institutions;
– carry on economic activity targeted at social and economic development
of
the territory, establish self-financing units for this purpose;
– interact on contract basis with appropriate local keneshes, their
executive and administrative bodies, local state administration and ente
rprises,
institutions, organizations, cooperatives and other economic entities;
– act both as a customer and a contractor regarding performance of works of
dealing with improvement of its territory, construction and repairs of
residential buildings, social, economic and cultural objects, as well those of
every-day use. It spends its own funds intended for such purposes and ot
her
source funding;
– provide buildings, constructions, non-residential premises, owned by t
he
community, on lease terms;
– attract international donor organizations’ funds and investments to
implement a community organization goals and objectives.
2. A community organization is responsible for the legal character of its
decisions.

Article 14. Community organization activity

1. A community organization carries on its activity in compliance with the
Charter adopted at a general meeting of the community organization membe
rs.
2. A community organization is entitled to carry on any type of activity
that is in compliance with the Kyrgyz Republic Laws and meets the goals
and
objectives of a community organization, determined in its Charter.
3. Community organizations take an active part in the activities of ayil
okmotu and local keheshes (planning, territory improvement, nature prot
ection,
etc.).

Article 15. Community organization meetings

1. A community organization activity form is a meeting. The order and
frequency of holding meetings is determined by a community organization
Charter.
2. The first meeting of a newly established community organization is op
ened
by a member of the initiative group set up for the purpose of establishi
ng a
community organization.
3. The agenda of the first meeting of a community organization includes
such
issues as electing the Chairman, developing and adopting the Charter of a
community organization, other issues related to a community organization
activity.
4. At the general meeting decisions are taken by simple majority, where the
meeting is attended by no less than two thirds of the community organization
members.
5. At the general meeting decisions on adopting the Charter, introducing

amendments and additions to it, reorganization and/or liquidation of a community
organization are taken, given no less than fifty per cent of the total number of
the community organization members have voted in favor of these decision
s.

Article 16. Community organization general meeting authority

The following issues are within a general meeting authority:
– introducing amendments and additions to a community organization Chart
er;
– determining the priority areas of a community organization activity,
procedure of its assets utilization;

– admittance and expulsion of community organization members (unless
otherwise established by the Charter);
– election and removal of a community organization Chairman;
– approval of an annual report on a community organization activity and its
annual balance sheet;
– issues related to a community organization participation in other lega
l
entity activity;
– reorganization and liquidation of a community organization;
– other issues, except for those determined by the Charter as being within
the authority of other organizations.

Article 17. Chairman and manager of a community organization

1. The Chairman of a community organization is elected at its first meeting
from the members of this community organization by open or secret vote,
given
the decision is taken by the majority of the members attending the gener
al
meeting. A community organization manager is appointed by the Chairman on
contract basis by approbation of the general meeting.
2. The community organization Chairman’s term of office is determined by
the
Charter of this community organization.

Article 18. Community property

1. The following refers to community property:
– movable and immovable property;
– community organization own assets and savings and those characterized
by
the same status.
2. The procedure of usage and disposal of community property is determined
by a community organization Charter.

Article 19. Financial basis of a community organization

1. The financial basis of community organizations is made up of savings,
entrance and membership fees, revenue gained from community organization
property utilization, sponsors’ contributions, voluntary contributions b
y legal
entities and individuals both of the Kyrgyz Republic and foreign ones, g
rants,
loans as well as credit and other financial resources.
2. A fee amount is determined by the decision taken by the general meeting
of community organization members.
3. Financial accounting is based on the general accounting standards and

forms.
4. State government and local self government interference in the financ
ial
issues of community organizations is prohibited, unless otherwise provided by
the Kyrgyz Republic Laws.

Article 20. Economic basis of a community organization

1. The economic basis and property of a community organization consists of
objects constructed or purchased by a community organization and those assinged
to it by legal entities and individuals.
2. Community organization’s savings are used by the community organization
members for the purpose of improving social and economic conditions of low
income population and for charity purposes.

Part III
Associations of community organizations

Article 21. Associations (unions) of community organizations

1. Community organizations may voluntarily unite in order to form
associations (unions) of such organizations for the purpose of activit
y
coordination, interest presentation and protection, joint project implementation
and other task and problem solution.
Community organization associations (unions) are non commercial
organizations.
2. Associations (unions) are legal entities.
Members of associations (unions) preserve their autonomy and legal entity
rights.
3. Associations (unions) do not bear responsibility regarding their me
mbers’
liabilities. Members of an association (union) bear subsidiary responsibility
with regards to its liability at the amount and in the order determined by the
foundation documents of the association.
4. The procedure of association (union) establishment, activity, membership
and walkout is regulated by its Charter, adopted in compliance with the
Kyrgyz
Republic Laws.
5. Associations (unions) of community organizations may use funds provided
by international donor organizations, banks and financing and crediting
institutions, budget funds and voluntary contributions and donations by legal
entities and individuals.
6. Associations (unions) of community organizations may be assigned the
authorities of community organizations, related to the issues within the
ir
competence, as is determined by community organizations’ Charters, given
a
simple majority of a community organization members agree to it.

Article 22. Establishment and activity of a local development
foundation

1. Community organizations united for the purpose of solving social and
economic objectives, improving the wellbeing of the local community members,
establish a noncommercial organization on a voluntary basis – a local
development foundation, having the status of a legal entity.
2. Local development foundation activity, terms of establishing and paying
out its funds are determined by the Charter of a local development foundation,
which is registered in justice bodies.
3. The Foundation Board is elected at the founders’ general meeting in
accordance with the Charter of a local development foundation.
4. Voluntary contributions of community organizations, contributions by
individuals and legal entities, local self-governance and state governme
nt
bodies, sponsorship funds of international donor organizations, nongovernment
and other organizations may be used as contributions to the local develo
pment
foundation.
5. Local development foundation funds are provided by the Board of the l
ocal
development foundation in order of priority, proceeding from the principles of
transparency and publicity.
6. Local development foundation funds are owned by the foundation and are
not subject to seizure.
7. Any external interference in the activity of a local development
foundation that results in a change of its legal status, its goals and nature is
prohibited, except for cases provided by the Charter and stipulated by the
Kyrgyz Republic Laws.

Part IV
Concluding provisions

Article 23. Procedure of this Law enactment

1. This Law is enacted from the day of its publication.
2. Within a three months’ period the Kyrgyz Republic Government shall su
bmit

its proposals to the Kyrgyz Republic Jogorku Kenesh on introducing amendments
and additions to the laws and other normative and legal instruments of t
he
Kyrgyz Republic, proceeding from this Law.
3. The Kyrgyz Republic Government, local state administrations and local
self-governance bodies shall bring their resolutions in compliance with this
Law.
4. Within a month’s period the Minister of the Kyrgyz Republic on local
self-governance and regional development shall develop a model Charter of a
community organization and a model Regulation on local development found
ations.

President of the Kyrgyz Republic A.Akaev

Adopted by the Legislative Assembly
of the Jogorku Kenesh of the Kyrgyz Republic Desember 27, 2004