Zura Chikeeva1, A. Maralbaeva
  • 1 Kyrgyz-Russian Slavic University, 44 Kievskaya Str., Bishkek, 720000, Kyrgyz Republic

Current Development of the Legal System of the Kyrgyz Republic

2018. No. 2. P. 216–228 [issue contents]
The article is dedicated to the main directions of reforming the legal system of the KyrgyzRepublic at the modern stage in the context of the dualism of law. The main branches ofprivate and public law are studied. The methodology of conceptual analysis of the legalsystem of the Kyrgyz Republic reform is applied. The basic directions of public law reforminclude the reform of criminal and administrative legislation. The novels of criminal, criminalprocedural, civil, civil procedural and administrative procedural legislation are analyzed. Themain directions of criminal legislation reforming are the humanization of justice, transitionfrom repressive measures of criminal-legal influence, unloading of the penitentiary system,as well as the development and implementation of new mechanisms of influence onconvicts and measures of their re-socialization are examined.Theoretical and legal analysisof the introduction of the three-tier system “felony, misdemeanor, offence “ allows toanalyze the tendencies of the criminal legislation development. In 2017, a new version of theCriminal Code of the Kyrgyz Republic, the Code of the Kyrgyz Republic on Misdemeanorsand the Code of the Kyrgyz Republic on Offences were adopted. They will come into legalforce on January 1, 2019. The novels of the criminal legislation are misdemeanor andprobation supervision. The international experience of applying misdemeanor on theexample of countries of Anglo-Saxon (common) law and Romano-German law is analyzed.In order to humanize criminal legislation, the Code of the Kyrgyz Republic on Misdemeanorswas firstly adopted, that contains 122 misdemeanors, among them crimes of small gravityof varying degrees of public danger and some administrative offenses. As part of legalreform in the Kyrgyz Republic, the Administrative Procedural Code of the Kyrgyz Republicand the Law of the Kyrgyz Republic “On Mediation” were adopted for the first time.The implementation of mediation as an alternative dispute resolution is a significant stepin the development of civil society, democratic and lawful state in the Kyrgyz Republic.Reforming the legal system of the Kyrgyz Republic should begin with the preparationof a conceptual framework, which provides determination of a single direction of itsdevelopment.
Citation: Chikeeva Z., Maralbaeva A. (2018) Razvitie pravovoy sistemy Kyrgyzskoy Respubliki na sovremennom etape [Current Development of the Legal System of the Kyrgyz Republic]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 216-228 (in Russian)
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