October 13, 2020, 19:04
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akipress.kg
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AKIPRESS.COM - President Sooronbai Jeenbekov has returned the resolution approving the program, structure and government back to the Parliament.
Copies of the resolution of the Parliament arrived in the President's Office on October 12.
According to the article 84 of the Constitution of the Kyrgyz Republic, the President issues the order appointing the Prime Minister and other government members within 3 days. In case the President does not issue the order appointing the Prime Minister and government members, they are considered appointed.
The same norm is foreseen by the article 25 of the constitutional law on presidential and parliamentary elections.
The given decisions of the Parliament are widely discussed in public and legitimacy of made decisions is questioned. According to the article 77 of the Constitution, the session of the Parliament is considered legitimate in case the majority of MPs are present.
According to the article 82 of the law on procedural rules of the Parliament, sessions of the Parliament and its bodies are legitimate in case quorum is met, then the sessions are considered legal and the decisions made there have a legal force. The quorum of sessions of the Parliament, its committees, commissions means presence of the majority of MPs, members of committees, commissions.
According to the law on procedural rules of the Parliament, the number of attending MPs is the number of MPs present in the session room and registered prior to voting.
Quorum means physical presence of 61 MPs according to the above provisions. Proxies give right to vote, but do not form quorum.
According to the information of the President's Office, 51 MPs were present at the extraordinary session of the Parliament on October 10 and 10 MPs passed proxies.
The quorum was not met and the decisions made without quorum are considered illegal and do not have legal force.
For this reason the resolutions were returned back to the Parliament, the President's Office explained.
