The bill was initiated by a group of 35 deputies of the Jogorku Kenesh.
As the authors emphasized, the purpose of this bill is to improve the legal regulation concerning equal rights and opportunities for people of different genders in the political, social, economic, and cultural spheres.
This constitutional bill is being developed in parallel with amendments to legislative acts related to gender equality, including the laws "On State Guarantees of Equal Rights and Equal Opportunities for Men and Women," "On the Rules of Procedure of the Jogorku Kenesh," "On State Civil Service and Municipal Service," "On Local State Administration and Local Self-Government Bodies," "On Protection and Prevention of Domestic Violence," the Criminal Code, and the Code "On Offenses." The joint submission of these bills is due to their interrelation and complementarity.
The necessity for developing this constitutional bill arose, as noted by Deputy Kamila Talieva, as a result of a legal analysis of the law "On State Guarantees of Equal Rights and Equal Opportunities for Men and Women." This analysis was part of the inventory of legislation conducted in accordance with the presidential decree of February 8, 2021, No. 26. Under this decree, laws were to be assessed for compliance with the new Constitution, principles of social justice and partnership, as well as for relevance and effectiveness, elimination of internal contradictions, and legal gaps.
According to the proposals, it is planned to exclude from the law "On the Council for Justice Affairs" the provision that requires compliance with gender representation when appointing judges only for those courts where the number of judges is 5 or more. As a result of such regulation, the composition of more than 20 local courts, located mainly in the regions, does not meet the minimum requirements for gender representation (no more than 70% of one gender).
The Chairman of the Supreme Court will be able to correct gender inequality in the composition of judges of local courts, as he is granted the right to transfer (rotate) judges. In this regard, an addition will be made to the constitutional law "On the Supreme Court and Local Courts," which will require taking gender representation (no more than 70% of one gender) into account when rotating judges.
Furthermore, the constitutional bill proposes to establish a requirement for gender representation (no more than 70% of one gender) when forming the composition of the Cabinet of Ministers. The deputy noted that the necessity of introducing such requirements in state authorities, local self-government, and other organizations, regardless of their form of ownership, is indicated in the National Strategy for Achieving Gender Equality by 2030 and the State Program for Supporting Women's Leadership by 2030, as well as in other strategic documents.
Among the initiators of the bill are deputies of the Jogorku Kenesh of the 7th convocation, including Kamila Talieva, Nurlanbek Azygaliev, Chingiz Aydarbekov, Janarbek Akayev, Medera Alieva, Seidbek Atambaev, Dinara Ashimova, Dastan Bekeshev, Dastan Jumabekov, Saidbek Zulpoyev, Jamilya Isaeva, Aida Isatbek kyzy, Gulya Kozhokulova, Alisher Kozoev, Ilimbek Kubanychbekov, Gulsharkan Kultaev, Leila Lurova, Sharapatkan Majitova, Marlen Mamataliyev, Aysuluu Mamashova, Aibek Matkerimov, Gulkan Moldobekova, Marat Murataliev, Suinbek Omurzakov, Vineru Raimbachaev, Rustambek u. Sovetbek, Zhyldyz Sadyrbaeva, Cholpon Sultanbekova, Elvira Surabaldiyeva, Nurbek Sydygaliev, Talaybek k. Zhyldyz, Karima Khandzhezu, Arslanbek Egemberdiyev, and Alisher Erbaev.
