KYRGYZSTAN TODAY Policy briefs on - Department of Geography

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4. One of the most effective tools for controlling the courts may be the introduction of a mechanism for electing judges by territorial communities. However, recent experience has shown that pubic elections are not the most reliable method of removing corrupt individuals from power. On the other hand, if the territorial community elects a criminal or a bribe-taker for the position of a judge, they have only themselves to blame[4]. In this regard, a democratic procedure is currently used to elect judges in many U.S. states. In this procedure, local level judges are elected by general vote for ten years in office, with the right to be re-elected. 5. Strengthening the competitive nature of court hearings will also help prevent corruption. A clear norm should be added to the Civil Procedural and Criminal Procedural Codes, specifying that during an open hearing of a case, litigants and all those present are free to use equipment to record the hearing without permission of the presiding judge. 6. There should be a reasonable balance between a judge’s independence and the availability of a specific mechanism that enables physical and legal entities to submit an objective, open complaint against the judge and have it reviewed by relevant authorities. In turn, the judge should also enjoy the right to protection, including the possibility of inviting a defense attorney to the meetings of the judicial council, perhaps as well as journalists and any public organizations. The judge should also have a clearcut resignation mechanism. 7. Increasing judicial independence to prevent the courts from turning into a subbranch of the executive, and reducing the pressure of the executive branch in the judiciary. In this regard, it is crucial to strengthen the role of the courts within the framework of the most drastic qualitative reform of the overall law enforcement system. 8. Finally, if the political will exists, comprehensive measures should be taken to prevent individuals with unacceptable thinking and behavior from becoming judges. Other conditions for improving anti-corruption measures in the judiciary include legislative improvements, provision of sufficient resources, appropriate qualification of judges, reducing the number of circumstances conducive to corruption, and supporting public opinion. Future trends of corruption development, including judicial corruption In a forecast of corruption development in Kyrgyzstan, three scenarios are possible: pessimistic, optimistic, and most probable, implying half-developed solutions to corruption. The first scenario looks quite sinister, but it shouldn’t be excluded. Unless appropriate practical measures are taken to minimize corruption, above all in the judiciary, Kyrgyzstan will ultimately find itself in a mire of corruption. If all branches of power are totally corrupt, it will be almost impossible to solve even one significant social, economic or political issue. In this eventuality, we can speak about the African model, in which authorities completely submit to the major economic clans that reach an agreement among themselves, and ensures their safe existence through political leverage. The judiciary becomes a basic and submissive sub-branch of the ruling clan. A more optimistic scenario implies establishing order, ensuring the fundamental principles of the rule of law, improving the vigor of moral and psychological environment in society, and increasing the role of civil society and state agencies, while narrowing the legal scope and organizational aspects of corruption. This scenario is the most desirable, 150
albeit very unlikely. However, many people retain positive thinking and still believe that it is possible to curb corruption 2 . As always happens, the truth usually lies in the middle. History, and the current status of corruption, do not allow the luxury of treating this phenomenon as something that may disappear. Reference list 3 1. Abdiev K., Osmonaliev K. Counteracting Corruption: Criminological, Legal and Forensic Aspects, study guideline, Bishkek, 2004 2. Borisenko L. Stain on the Gown, Rossiyskaya Gazeta, 26 September 2008, 203 (4760), Edition “Central Asia” 3. Garmaev Yu., Corruption Between Defense Attorneys and Judges: Brief Overview of Criminal Activities. Official website of the Organized Crime and Corruption Research Center in Vladivostok. Available at http://crime.vl.ru/docs/stats/stat_55.htm 4. Evseev E. Judges Overtook Road Police in the List of Corrupt Officials. Available at http://www. advisers.ru/review_article/article2017.html 5. Enyutina G., Corruption in the Judiciary, Organized Crime, Terrorism and Corruption: Quarterly Magazine on Criminology, issue 1, Yurist, Moscow, 2003 6. Law of the Kyrgyz Republic “On combating corruption”, Ref. No. 51, as of March 6, 2003 7. Resolution of the section on “Judicial power and law enforcement bodies as major levers in combating corruption” of the international conference on “Corruption prevention in the Kyrgyz Republic,” June 2008, Bishkek 8. Corruption in Kyrgyzstan, by Ilibezova E., Ilibezova L., Asanbaev N., and G. Musakojaeva. Bishkek, UNDP, Center for Public Opinion Studies and Forecast, 2000 9. Materials of the conference on “Transparency of Justice: International Standards and Russian Practice” (abridged transcript), Judicial News, Overview, issue 7 (13), 2000 10. Basics of Counteracting Corruption, ed. by S. Maksimov, Spark, Moscow, 2000 11. Decision of the Security Council of the Kyrgyz Republic, Ref. No. 2, as of March 31, 2003, “On Measures of Strengthening Anti-Corruption in the Kyrgyz Republic.” 12. How Much are Courts in Ukraine? Available at http://rus.newsru.ua/ukraine/09aug2007/ sxema.html 13. Fabbri J., Corruption in Bolivia: Reforming the Judiciary System, New York, School of Public <strong>Policy</strong>, George Mason University, 2002 14. Global Corruption Report 2007. Transparency International. Available at http://www. transparency.org/news_room/in_focus/2007/gcr_2007. 15. http://liberal.borda.ru/?1-4-30-00000019-000-0-0-1164004153 2 It is worth mentioning that about half of all interviewed experts believe in the optimistic scenario. Factually, this opinion quite conforms to the opinion of the respondents who took part in the 2000 survey (77 percent of civil servants and 64 percent of businessmen said that it is possible to “significantly decrease the magnitude of corruption” in Kyrgyzstan [8, p. 50]. 3 Not alphabetized in English to avoid confusion with in-text numbering (Translator’s note) 151
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Social Research Center American Uni
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The Social Research Center (SRC) at
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What needs to be studied is whether
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policy, but on the politics of loya
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them set up with the sole aim of ac
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has been made. As democratization i
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For a country where the main active
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seemingly happen to form regionally
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• Support the development of self
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synonymous with civil society. Thes
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and to the fact that it is popularl
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in a politically-advanced society w
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Galina Plakhotnikova, Aida Kurbanov
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For such individuals, personal sati
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to focus on donors’ priorities, w
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Sheradil Baktygulov, Independent Ex
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By having good knowledge and unders
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In this context, the Kyrgyz state v
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6. Produce a training program for g
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among decision-makers and in genera
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200. This means that about USD 20 m
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New Middle Classes Classes are anta
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References and Sources 1. Bates R.
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There were attempts to build the pa
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Kyrgyzstan, they did not have a cle
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impossible. Even though the Moldova
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Summing up, it should be emphasized
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24. Romedi Arkvint’s Speech//Kiev
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- national programs and projects; -
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awareness of implementation of thes
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also tried to participate in develo
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and its regional programs, to devel
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development in both urban and rural
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the participants of public hearings
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Social Development as the spokesper
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Nookatbek Idrisov, Director of the
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membership fees, donations, grants)
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and (2) the Law on Charity doesn’
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6. To change numbering of items in
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its founders, members, participants
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and property at its balance-sheet v
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Kanykey Jailobaeva, PhD Candidate a
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NGOs to involve the government and
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over the implementation of its init
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His advice on the legislative basis
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presence of those major elements of
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arises; this problem is now apparen
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not a decision-maker, but rather
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Some believe and argue that Kyrgyz
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Page 111 and 112: emittances for granted at the backb
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Page 117 and 118: Simplifying the process of getting
Page 119 and 120: Nurdin Tynaev, Director of the Publ
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Page 123 and 124: Recommendations • Improve the imm
Page 125 and 126: In Kyrgyzstan, there are the Spirit
Page 127 and 128: Following are some examples of mode
Page 129 and 130: Timur Kozukulov, Senior lecturer, r
Page 131 and 132: 2. These problems are also typical
Page 133 and 134: Shakhnoza Madaeva, Candidate of phi
Page 135 and 136: women). About 50 percent of student
Page 137 and 138: 3. International institutions and i
Page 139 and 140: present this image of woman as an i
Page 141 and 142: you from a single person created of
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Page 145 and 146: Types and scale of judicial corrupt
Page 147 and 148: The evidence demonstrates that the
Page 149: other indirect features of judicial
Page 153 and 154: Many factors contribute to this cor
Page 155 and 156: also collapsed, and the academic co
Page 157 and 158: To university students: 1. To chang
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Page 161 and 162: authority to levy tax backlogs with
Page 163 and 164: Kubanychbek Omuraliev, Independent
Page 165 and 166: On the subject of barriers, it is a
Page 167 and 168: and other similar is ten times grea
Page 169 and 170: participation in economic activitie
Page 171 and 172: • adopt laws that recognize and p
Page 173 and 174: Emil Nasritdinov. Discrimination of
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