On 6th october the Corruption Prevention Network (CPN) in the Kyrgyz Republic has made an – objection statement to the new projects of laws “On voluntary legalization and amnesty of assets of individuals” and “On amendments to certain legislative acts of the Kyrgyz Republic”. The objection was signed by the majority of members of the CPN and was sent to the President, Jogorku Kenesh and chairman of the cabinet of ministers.
Here is the text of the statement in english:
In connection with the initiation by the Ministry of Economy of the Kyrgyz Republic of the draft Law “On voluntary legalization and amnesty of assets of individuals” and the draft law of the Kyrgyz Republic “On amendments to certain legislative acts of the Kyrgyz Republic”, the Corruption Prevention Network in the Kyrgyz Republic (hereinafter referred to as the CPC) declares the following:
We oppose the adoption of the draft laws of the Kyrgyz Republic “On voluntary legalization and amnesty of assets of individuals” and the Law “On Amendments to Certain Legislative Acts of the Kyrgyz Republic”.
We call for the termination of further consideration, as well as the promotion of the above draft laws, since these draft laws have high corruption risks , which does not comply with the basic principles of the implementation of the anti-corruption policy of the state, contradicts the norms of ensuring transparency and accountability, moreover, they encourage the legalization of criminal proceeds , which should be identified and confiscated, but not “legalized” in any way.
If these draft laws are adopted, information on the income and expenses of all civil servants will not be available to the public, which fundamentally contradicts international anti-corruption standards, violates the recommendations of international institutions such as the FATF, OECD, etc.
The above draft laws can create a favorable basis for the prosperity of corruption and crime in the Kyrgyz Republic, since the proceeds of corruption and criminal activity are legitimized, and persons obliged to bear responsibility , will be able to avoid it and, moreover, contribute to strengthening the belief in impunity, which negatively affects the formation of an understanding of the inevitability of punishment.
The proposed draft laws contradict Article 4 of the Constitution of the Kyrgyz Republic, namely, the following principles are violated:
– openness of state bodies, local self-government bodies and their officials, the exercise of their powers in the interests of the people;
– prohibition of state and municipal officials to carry out actions (inaction) that create conditions for corruption;
– constitutional, legal and other responsibility of state bodies, local self-government bodies and their officials to the people.
These draft laws also contradict the State Strategy for Combating Corruption and Eliminating its Causes in the Kyrgyz Republic for 2021-2024, as well as a number of existing laws of the Kyrgyz Republic.