Date of publication:

07/07/2025

Kyrgyzstan

Please describe the judicial system in the state.

ANALYSIS

the Constitutional Law "On the Supreme Court and Local Courts" of November 15, 2021 № 134

According to the Article 4, The Supreme Court of the Kyrgyz Republic and local courts, the Supreme Court of the Kyrgyz Republic and local courts (district courts, district courts in cities, city courts, administrative courts, regional courts, Bishkek City Court) constitute a system of courts administering justice in civil, criminal, economic, administrative and other cases provided for by law.

Article 32 explains the system of local courts. 

The local court system consists of:

1) courts of first instance: district courts, administrative courts, district courts in the city, city courts;

2) courts of second instance: regional courts, Bishkek City Court.

In Kyrgyzstan, the institutional structure of the judicial system is based on the principles enshrined in the Constitution and laws of the country. It includes three levels of courts:

The Constitutional Chamber of the Supreme Court is responsible for ensuring the supremacy of the Constitution, checking regulations for compliance with the Constitution and resolving disputes on constitutionality.

The Supreme Court of the Kyrgyz Republic is the highest judicial body for civil, criminal, economic and administrative cases. It considers appeals and supervisory complaints, and also clarifies issues of judicial practice.

Local courts include:

City and district courts are courts of first instance, considering a wide range of cases.

Regional courts are appellate instances for decisions of district and city courts.

There is also a specialized judicial body - military courts, which deal with cases related to military service.

Interaction of the formal judicial system with traditional justice mechanisms. In Kyrgyzstan, the formal judicial system is formally dominant, but in rural areas, elements of traditional justice, known as aksakal courts (courts of elders), remain. They operate on the basis of local customs and traditions and deal mainly with minor disputes related to family, land and domestic issues.

Aksakal courts are not part of the formal judicial system, but their activities are regulated by the Law "On Aksakal Courts" of July 5, 2002, №113. The decisions of aksakal courts have no legal force if they contradict national legislation.

If the parties disagree with the decision of the aksakal court, they can appeal to the formal courts. Some traditional practices, such as reconciliation of the parties, may be considered by the formal courts when making decisions. Thus, the formal judicial system ensures the rule of law, while traditional justice mechanisms play a supporting role.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic "On Aksakal Courts"

    Legal provision

    The Law "On Aksakal Courts" - Generic

    The Law "On Aksakal Courts" - Generic

    The Constitutional Act on the Supreme Court of the Kyrgyz Republic

    Legal provision

    Article 4 - Supreme Court of the Kyrgyz Republic and local courts

    Article 4. Supreme Court of the Kyrgyz Republic and local courts 1. The Supreme Court of the Kyrgyz Republic (hereinafter referred to as the Supreme Court) and local courts (district courts, district courts in cities, city courts, administrative courts, regional courts, Bishkek City Court) constitute a system of courts administering justice in civil, criminal, economic, administrative and other cases provided for by law. 2. The unity of the system of courts of the Kyrgyz Republic (hereinafter referred to as the courts) is ensured by: 1) general and uniform principles of justice established by the Constitution and laws of the Kyrgyz Republic; 2) compliance by all courts with uniform rules of legal proceedings established by laws; 3) uniform application by all courts of the Constitution and laws of the Kyrgyz Republic, generally recognized principles and norms of international law and international treaties that have entered into force in accordance with the legislation of the Kyrgyz Republic; 4) mandatory execution throughout the territory of the Kyrgyz Republic of judicial acts that have entered into legal force; 5) legislative consolidation of the unity of the status of judges; 6) financing of courts from the republican budget.

    Article 32 - Local Court System

    1. The system of local courts consists of: 1) courts of first instance: district courts, administrative courts, district courts in the city, city courts; 2) courts of second instance: regional courts, Bishkek City Court. 2. The creation, reorganization and abolition of local courts, changes in the number of judges of local courts are carried out by law. When local courts are abolished, issues of administration of justice attributed to their jurisdiction are transferred to the jurisdiction of other courts. The staff units of judges of the abolished courts are transferred to other courts, and judges are transferred to them in the order of rotation. 3. Changes in the number of judges of local courts are allowed only upon the proposal of the Council of Judges.