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Bishkek
As of September 29, 2010 N 212

Decree of the President of the Kyrgyz Republic

On improving the interaction of
agenc ies of state administration
with the civil society

(In edition of the President’s Decree
as of March 5, 2011 # 56)

For further development, normative foundation and introduction into the
practice of interaction forms of state bodies, local self -administration bodies
and institutes of civil society (public associations, associations, unions and
others) in the Kyrgyz Republic, as w ell as for ensuring transparency of
procedures for decision -making and their implementation taking into account
interests of the public, the following is ordered:
1. To consider as one of the priority directions of state bodies and local
self -administrati on bodies introduction of long -term stable mechanisms of
interaction of public authorities and civil society in the processes of
decision -making and their implementation , as well as creation of conditions for
implementation of civil initiatives .
2. To esta blish that for coordinated interaction with the public under the
state bodies are created public supervisory councils (further – Councils) with
inclusion into their composition representatives of civil society, academic
communities, business -associations, professional and industrial unions, expert
community from spheres, relating to the activity of state bodies.
3. To approve attached Regulation on public supervisory council under the
state body (further – Regulation).
4. To determine as pilot the following state bodies under which shall be
created Councils:
– Ministry of Agriculture of the Kyrgyz Republic ;
– Ministry of Natural Resources of the Kyrgyz Republic ;
– Ministry of Transportation and Communications of the Kyrgyz
Republic ;
– Ministry of Education and Scie nce of the Kyrgyz Republic ;
– Ministry of Health of the Kyrgyz Republic ;
– Ministry on the Issues of Youth of the Kyrgyz Republic ;
– State agency on environment and forestry protection under the
Government of the Kyrgyz Republic ;
– State agency on architecture and construction under the government
of the Kyrgyz Republic ;
– State Tax Services under the Government of the Kyrgyz Republic ;
– State Customs Service under the Government of the Kyrgyz Republic .
5. To determine that composition s of Councils under the state bodi es are
formed by the Commission on Selection of Candidates into the composition of
public supervisory councils, formed by the Presid ent’s Apparatus of the Kyrgyz
Republic out of recommended representatives of civil society, academic
communities , business a ssociations, professional and industrial unions, expert
communit y.
(In edition of the President’s Decree of the Kyrgyz Republic as of March
5, 2011 # 56).
6. To Head of the President’s Apparatus in a month to organize the work on
creation of Councils under state bodies, listed in item 4 of the present
Decree .
7. To state bodies, listed in para. 4 of the present Decree to introduce
to the Government of the Kyrgyz Republic proposals on introduction into its own

Regulations of respective amendments, comin g from the present Decree and
abovem entioned Regulation .
8. To the Government of the Kyrgyz Republic :
– until July 1, 2011 :
 To conduct inventory and analysis of normative legal acts,
determining the interaction of the state with the civil society ;
 To inclu de into the rules on the work of all state bodies mechanisms
of compulsory attraction of representatives of civil society into
drafting strategic documents and normative and legal acts, expertise
of state decisions, as well as into the monitoring and asses sment of
their implementation ;
 To develop and introduce instruments and formats of regular
reporting of all state bodies before citizens of the country, as
well as on timely basis awareness -raising of the population on
conducted and planned by them work ;
 To develop methodology of compulsory measurement “population’s trust
index” to the results on activity of state and local self –
administration bodies for independent and objective assessment of
their work ;
(Para. seven became void in compliance with the Pres ident’s Decree of the
Kyrgyz Republic as of March 5, 2011 # 56)
(Para. eight became void in compliance with the President’s Decree of the
Kyrgyz Republic as of March 5, 2011 # 56)
(In edition of the President’s Decree of the Kyrgyz Republic as of March
5, 2011 # 56)
8-1. To determine that Councils under state bodies annually shall present
their reports on results of work for previous year to the Government of the
Kyrgyz Republic, which shall be included into National report on the issues of
interaction of t he government with civil society.
The presentation of National report on the issues of interaction of the
government with civil society shall be conducted at the conference, conducted
by the President’s Apparatus of the Kyrgyz Republic .
(In edition of the President’s Decree of the Kyrgyz Republic as of March
5, 2011 # 56)
9. To determine that in other state bodies, as well as in state bodies
dealing with the issues of foreign policy, defense, national security and
carrying out law -enforcement functions, pro visions of the present Decree are
applied taking into account specifics organization of their activity .
10. To National Agency of the Kyrgyz Republic on the issues of local self –
administration to form public supervisory councils under executive bodies of
local self -administration in compliance with the present Decree .
(In edition of the President’s Decree of the Kyrgyz Republic as of March
5, 2011 # 56)
11. The control over implementation of the present Decree to delegat e to
respective departments of the Pr esident’s Apparatus of the Kyrgyz Republic .
12. The present Decree enters into force on the day of official
publication.

President of the Kyrgyz Republic R. Otunbaeva

Approved
By the Decree of the President
Of the Kyrgyz Republic
As of March 5, 201 1 N 56

REGULATION
on Public Supervisory Council
under state body

1. General provisions
2. Main tasks and functions of the Council
3. Council’s rights
4. Procedure for Council formation
5. Organization of Council’s activity
6. Interaction of state body with the Council
7. Concluding provisions

1. General provisions

1. Public Supervisory Council further – Council) is a consultative and
supervisory body, formed for ensuring participation of citizens in carrying out
public control over the activity of executive bod y under which it was created ,
improving effective interaction of indicated bod ies with the public,
consideration of public opinion in forming and implementing state policy .
2. The Council is formed based on voluntary participation in its activity
of citize ns and representatives of civil society of the Kyrgyz Republic .
3. The Council is a permanent ly acting public body, carrying out its
activity pro bono .
4. The Council’s activity is carried out based on free discussion of all
issues and collective decision -making .
5. The Council’s decisions are of recommendation character .
6. The Council carries out its activity based on the Constitution of the
Kyrgyz Republic, laws of the Kyrgyz Republic and other normative and legal acts
of the Kyrgyz Republic, as wel l as the present Regulation .

2. Main tasks and functions of the Council

7. The main tasks of the Council are the following :
1) conducting public control over the activity of executive bod y;
2) facilitating the consideration of public opinion by executive bod y
in formation and implementation of state policy;
3) proposing and discussi ng public initiatives, related to the
activity of state body , directed at industrial development ;
4) facilitati ng the state body in preparation of qualitative decisions
of public importanc e, including of strategic character ;
5) carrying out public monitoring and efficiency control over
implementation of managerial decisions made by stat e body ;

6) efficiency assessment of services, rendered by corresponding state
body ;
7) carrying out public control over transparency and efficiency on use
of financial funds, including budget and borrowed ( commercial
loan), as well as of special account funds , technical assistance
and grants, allocated by donors.
8. For solving tasks the Council shall perform the foll owing functions :
1) participate in development and public expertise of draft managerial
decisions to ensure public interests, increasing transparency and
quality of to be adopted decisions ;
2) prepare proposals on improving planned or adopted decisions based
on public opinion study and introduce them for the consideration of
state body ;
3) consider civil initiatives, related to the activity of state body ;
4) participate in organization and conduct of extensive discussion
with the public of planned decisions of public i mportance,
including strategic decisions ;
5) conduct analysis on efficiency of being implemented by state bodies
technologies and cooperation forms with civil society and introduce
its proposals on their improvement ;
6) facilitate awareness -raising of the public on the activity of state
body ;
7) ensure public control over increasing the transparency on the use
of budget and other funds ;
8) conduct monitor and assessment on rendering services by state body ;
9) stud y and summarizes public opinion on the most important issue s,
related to the activity of state body ;
10) submit to the state body proposals on preparation of drafts of
normative and legal acts on the issues of formation and
implementation of state policy in corresponding sphere, improving
the work of the state body, w hich are subject to compulsory
consideration;
11) inform the public about its activity, adopted decisions and their
implementation on official web -site of the state body or by other
possible way in a compulsory manner ;
12) collect, summarize and submit to the sta te body information on
proposals of civil society organizations on resolution of issues of
public importan ce;
13) organize public events for discussion of actual issues on
development of the sector;
14) prepare and publish an annual report on its activity ;
15) perform other functions, necessary for accomplishment of tasks,
stipulated by the present Regulation .

3. Council’s Rights

9. The Council for implementing delegated functions has a right to :
1) create permanent and temporary working bodies;
2) attract to its work emplo yees of executive bodies, local self –
administration bodies, representatives of domestic and
international expert and academic organizations, enterprises,
institutions and organizations, as well as individual specialists;
3) organize and conduct seminars, conf erences, public hearings and
other events;
4) request and receive necessary for carrying out its activity
information from state bodies and local self -administration bodies ;

5) receive from state body drafts of normative and legal acts on the
issues, requiring conduct of consultations with the public;
6) organize and conduct consultations with experts, specialists or
interested public organizations on the issues, related to the
competence of corresponding state body ;
7) invite the head and officers of corresponding sta te body for
discussion of agenda issues of the Council’s session ;
8) make proposals on introducing amendments into the Regulation on
Council;
9) inform the public and higher state authorities in case of
unreasonable rejection of the Council’s recommendations by
corresponding state body ;
10) render assistance to corresponding state body in interaction with
civil society ;
11) attract donor and other sponsor funds for ensuring the activity of
Council.
10. In coordination with the head of state body the Council ’s members ha ve
a right to participate in planned collegiums’ session s and other activities,
conducted by state body .

4. Procedure for formation of the Council

11. The composition of the Council includes representatives of civil
society organizations (public associatio ns, foundations, nongovernmental
institutions, associations of legal entities and others) , academic community,
business associations, professional and industrial unions, expert communit y
from spheres, relating to the activity of state body.
12. Formation o f composition of the Coun cil is carried out by the
Commission on selection of candidates in to the composition of public
supervisory councils, created by the President ’s Apparatus out of recommended
representatives of the civil society, academic communities , business –
associati ons, trade and industri al union s, expert community (further –
Commission).
13. Formation of composition of the Council under executive body of local
self -administration is carried out by National Agency of the Kyrgyz Republic on
the iss ues of local self -administration out of recommended representatives of
the civil society, academic communities, business -associations, trade and
industrial unions, expert community.
14. Qualitative composition of the Council is determined taking into
accou nt specifics of the activity of the state body and includes not less than
eleven members of the Council.
Qualitative composition of the Council if necessary can be changed by the
Commission . The same person cannot be elected as member of the Council in
se veral state bodies .
15. The Council’s composition is elected to the term of two years.
16. The same person cannot be elected as member of the Council more than
two terms successively.
17. No later than one month prior to expiration of term of tenure of th e
Council’s member s, the Commission through mass media announces information on
formation of a new composition of the Council , with indic ation to terms ,
address (post and e -mail ), as well as procedure for submission of applications
and proposals.
18. Prop osals on the composition of the Council are directed to the
Commission.
19. Formation of a new composition of the Council is carried out by the
Commission no lat er than seven business days prior to expiration of te rm of
tenure of previous composition of t he Council .

Newly elected members of the Council acquire powers of the Council’s
members from the day of expiration of term of tenure of previous composition of
the Council.
20. Candidate for Council member ship shall fulfill the following criteria:
1) shall not have close kinship relations with the administration
(head and its deputies) of that state body, under which the
Council was created;
2) shall not be in direct dependence from that state body, under which
the Council was created (licensee, supplier of goo ds and services
based on the contract etc.);
3) shall possess perfect goodwill;
Experience of civil initiatives , active public activity of the
candidate is an advantage .
21. The Council can hav e only one member from one organization.
22. The Council m ember can withdraw from the composition of the Council at
one’s own will by submitting corresponding application in the written form to
the Chairman of the Council.
23. The Council member can be exc luded from the composition of the Council
before its term ends based on the decision of the Council due to the following
ground s:
1) an absence during sessions of the Council (or non -participation in
voting via e -mail, in those cases when the Council decided upon the
possibility of voting via e -mail) without good ex cuse three and
more times;
2) impossibility for the Council member to participate in the work of
the Council due to health condition, the court’s decision,
recognizing the Council member as legally incapable person or with
limited active legal capacity;
3) if th e facts will be well -known , stipulated by item 20 of the
present Regulation , certifying the presence of reasons, not
allowing the person to be a Council member .
24. Upon pre -term termination of powers of the Council member, replacement
shall be carried out by the Commission.
25. After formation of new composition of the Council, the Commission
shall inform the public about it through mass media with indication to personal
data of new members ( family name, first name, middle name; place of work, type
of acti vity ).
26. The Council is formed in the composition of Council Chairman, its
Deputy, Executive Secretary and members of the Council.
27. During organization session of the Council by open voting is elected
the Chairman, its Deput ies and Executive Secretar y of the Council , t he first
session is opened by the eldest Council member.
28. The governance in the Council is carried out by the Chairman, in his
absence – one of his Deputies.
29 . The Council Chairman shall :
1) organize the activity of the Council ;
2) pre side during Council’s sessions ;
3) approve work plan of the Council and composition of working groups;
4) sign sessions’ minutes and other document of the Council ;
5) carr y out the activity on implementation of Council ’s decisions;
6) represent the Council in state an d public organizations, including
foreign ones.
30. The Deputies of Chairm an shall :
1) in absence of the Chairman perform his duties, based on the
corresponding decision of the Council Chairman;
2) supervise the work of commissions and working groups according to
appro ved work plan;

3) perform other functions in compliance with instructions of the
Council or the Chairman.
31. The Council Secretary shall :
1) ensure interaction between Council members and corresponding
departments of the state body or local self -adminis tration body;
2) control over the preparation of regular session of the Council, as
well as terms on implementation of Council ’s decisions;
3) ensure organizational, informational and communication support of
Council’s activity;
4) be in charge of organization and maintenance of clerical
correspondence of the Council;
5) perform other functions in compliance with instructions of the
Council, Chairman or his Deputies.

5. Organization of Council’s activity

32. The main form of work of the Council is its sessions. The Co uncil’s
sessions are considered valid, if not less than half of its members are
present.
Frequency of conduct of the Council’s sessions is set by the Council in
compliance with approved work plan of the Council.
The Council member has a right to introduc e proposal for consideration of
the Council on calling unscheduled session of the Council.
33. The Council carries out its activity in compliance with work plan for
a year, adopted by the Council and approved by Council Chairman and coordinated
with state body .
34. The Council members participate in its sessions personally without a
right of option. In case of impossibility to arrive to the Council session, the
Council member has a right to direct its opinion on the issues, included into
the agenda in wri tten form. Indicated opinion is subject to consideration
during the Council’s session and taken into account during voting.
35. If necessary to the Council sessions by decision of the Council
chairman are invited representatives of legislative and executi ve bodies, other
state bodies, academic, professional and other organizations, and mass media.
36. The Council’s sessions are conducted openly, citizens, representatives
of nongovernmental organizations and mass media can be present in sessions.
Experts, academic and other consultants, specializing in the sphere, relating
to the activity of state body or on the issues, proposed during sessions can be
invited to Council sessions.
37 . Representatives of structural departments of state body, interested in
co nsidered during the session issues shall participate in Council sessions.
38. Head of structural department of state body, to which competence
belong the issues, considered by the Council at forthcoming session, no later
than seven business days prior to the session submits to the Council necessary
for the session materials.
39. Each member of the Council has one vote during sessions of the
Council. The Council’s decisions are adopted by the majority votes of members,
present at the session and designated by the minutes, which is signed by the
chairman and members of the Council. In case of equality of votes, chairman’s
vote is decisive. Special opinions, expressed by Council’s members in the
course of consideration and decision making, in compulsory manne r are included
in the minutes.
40. The Council carries out its activity in close interaction with the
public, adopts and considers proposals on the issues, relating to the sphere of
activity of state body.
41. The Council’s decisions are of recommendatio n character, however if
state body disagrees with the Council’s decision, shall give a grounded reply
during a 10 business days.

42. Results of Council’s activity are regularly published and subject to
disclosure through mass media.
43. The Secretariat is a working body which will perform technical
activity of the Council, and its composition is formed by the Council.
44. Organizational support and material and technical provision
(preparation of a hall, equipment with necessary technical means for
demon stration of informational materials on discussed issues, making copies of
materials for the session etc.) of the Council’s activity is carried out by
respective structural department, determined by the decision of the head of
state body.

6. Interaction of s tate body with the Council

45. Head of state body determines an secretary of state , and in state
bodies which do not have such position – one of its Deputies (further –
representative of state body) which will present on regularly basis the state
body in relations with the Council, and ensure its interaction with the
Council.
46. The representative of state body shall participate in compulsory
manner at the Council’s session with advisory vote.
47. The head of state body has a right to introduce for the consideration
of the Council issues for inclusion into the agenda of the Council’s session.
48. An agenda of the Council’s session in compulsory manner is directed to
the head of state body no later than five days prior to the session.
49. The state bod ies and local s elf -administration bodies grant at the
request of the Council necessary for performance of its functions data, except
for data, which compose state, or other protected by the law secret.
50 . An official, to whom the request of the Council w as sent, shall reply
in written no later than ten calendar days from the day of receipt of the
request, and in exceptional cases , determined by the Council – no later than
seven calendar days. The reply shall be signed by the official, to whom the
request was sent, or by a person, executing his functions.

7. Concluding provisions

51 . The Council shall terminate its activity from the day of termination
of activity of the state body, under which it was created.
52 . No later than two months after creation of a new state body , the
Council shall be created under this body in compliance with the present
Regulation.