Last Change:

06/12/2025

The Code of the Kyrgyz Republic on Offences

Original names of the law: Кыргыз Республикасынын укук бузуулар жөнүндө кодекси

Year: 2021

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Code of the Kyrgyz Republic #128 on Offences, dd. October 28, 2021, defines Kyrgyzstan's offense legislation, based on its Constitution, this Code, other national laws, and international treaties. It aims to legally protect individual, citizen, legal entity, public, and state interests, safeguard the environment, and maintain public administration order from unlawful acts. The Code sets out liability principles, defines offenses, outlines case procedures, and specifies penalties.

Selected provisions
Article 28 - Types of penalties

The following types of penalties may be applied for committing offenses:
1) warning;
2) community service;
3) fine;
3.1) deprivation of the right to drive vehicles;
4) deportation of foreign citizens;
5) arrest.

Article 33 - Arrest

1. Arrest consists of keeping the offender isolated from society in places determined by the internal affairs agencies, and is applied for a period of up to seven days.
The place of detention of the arrested persons must comply with sanitary standards and exclude the possibility of acquiring (infecting) any diseases.
The procedure for the functioning of places of detention and the requirements for keeping persons in them are approved by the Cabinet of Ministers of the Kyrgyz Republic.
2. Arrest is applied to an individual for the purpose of restoring law and order and educating the person, as well as preventing the commission of new offenses by this person himself or by other persons.
3. Arrest is applied by the court at the place of the offense, and in conditions of emergency or martial law - by the commandant.
4. Arrest may not be applied to children, women over the age of fifty-five and men over the age of sixty, pregnant women, women with children under the age of three, and persons raising a child under the age of sixteen alone, as well as persons with disabilities of the first and second groups.

Article 43 - Application of penalties to children

1. The amount of a fine imposed on a child aged sixteen to eighteen years for committing an offence may not exceed 50 percent of the amount of fines provided for in the Special Part of this Code, but not more than 50 calculated indicators.
If a child aged sixteen to eighteen years does not have official earnings sufficient to pay the fine, the fine (in the amount specified in this Part) is imposed on the parents or persons replacing them.

2. Other types of penalties (except for arrest) are applied to children aged sixteen to eighteen years on a general basis.
3. A child aged sixteen to eighteen years who has committed an offence for the first time may be released by a court or a body authorized to consider cases of offences from the execution of the imposed penalty with the application to him of educational measures provided for in Article 44 of this Code.

Article 547 - Procedure and time limit for appealing a ruling on a case of an offence

1. A ruling of an authorized body on a case of an offence may be appealed to a district (city) court.
2. A complaint against a ruling on a case of an offence may be filed within ten days from the date of delivery of a copy of the ruling or receipt by mail. If the specified deadline is missed for valid reasons, this deadline shall be reinstated by the court on the basis of an application by the person in respect of whom the ruling was issued.
Valid reasons for missing the deadline may include documented illness of the person, being on a business trip, a natural disaster, etc.
3. A court ruling adopted on offences directly under the jurisdiction of the court, as provided for in Article 454 of this Code, may be appealed in the appellate procedure to the courts of the second instance within ten days from the date of delivery of a copy of the ruling.
4. A court ruling adopted in a case concerning an offence for which a penalty in the form of arrest has been imposed may be appealed in the appellate procedure to the courts of second instance and is subject to review by the courts no later than 48 hours from the date of filing the appeal.