International Development Law Organization

Kyrgyzstan

English

Among the least developed economies in Asia, Kyrgyzstan has been hampered by weak state institutions and a security environment that is not immune to ethnic tensions and social unrest. The judiciary, which had been hindered by political influence and corruption, is now undergoing a process of modernization, supported by IDLO.

The rule of law in the Kyrgyz Republic

Until recently, court processes in the Kyrgyz Republic have not been automated. Manual or paper systems still are required and are the norm although automating all processes has started very actively. According the country’s National Target Program for Development of the Judiciary, automated information systems need to be expanded and rolled out to the whole judicial system, not only within all first instance courts, but also second and third instance courts.

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Key Initiatives

  • Alternative dispute resolution (ADR), and in particular mediation, is well established in developed economies and becoming increasingly popular in transition countries. For any court system, mediation can substantially reduce caseload burdens, improve clearance rates, and raise efficiency in the administration of justice.
  • IDLO has been working with the Kyrgyz Judiciary to support the establishment of a functional, credible and transparent legal system, since the adoption of the 2010 Constitution. Despite many positive developments, the rule of law sector has faced a number of problems – chief among them inadequate financing, which risks undermining judicial independence and makes access to justice a challenge, as well as transparency and accountability.
  • The Kyrgyz judiciary is not favorably viewed by the public and, at the same time, the public is not well-informed about the functions and duties of the courts. To assist the judiciary in strengthening communications with the public, IDLO under the USAID-IDLO Judicial Strengthening Program, has been providing assistance in the development of a communications strategy for the judiciary and training of new press secretaries of local courts taking up their duties for the first time in the history of the Kyrgyz Republic.
  • Funding and spending patterns of the General Procuracy of the Kyrgyz Republic (GP) have remained relatively invariable since Kyrgyzstan became an independent state in 1991. Stagnant funding has had negative implications for the GP, and the Prosecutors’ Training Center (PTC) requires support to train and retrain prosecutors in accordance with changing Kyrgyz legislation and international human rights standards. Additionally, gender inequalities within the GP remain a significant challenge.
  • Since Kyrgyzstan's independence in 1991, the country's Judiciary has suffered from financial shortfalls. This resulted in a lack of capacity to improve the quality of decision making and regularly update the level of judges' knowledge of current legislation. One particular area of importance for judicial training is commercial law, crucial for Kyrgyzstan in seeking to reduce corruption and spur economic development.
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