The Ministry of Justice should introduce the new bill where responsibility for an insult will be provided in the Civil code in Parliament of Kyrgyzstan. Such offer became a result of a round table on discussion of the bill of administrative responsibility for an insult, reports public foundation “Institute of Media Policy”. Representatives from Jogorku Kenesh, ombudsman administration, the Ministry of Internal Affairs, the Prosecutor General’s Office, etc. took part in discussion.
Earlier the Ministry of Justice of KR submitted the bill providing administrative responsibility for an insult for consideration of JK of KR. The reason was the KR Constitutional chamber’s decision, which passed earlier, on recognition of unconstitutional Art. 128 of the Criminal code of the KR “Insult” and a contradiction of this norm to part 5 of article 33 of the Constitution which says that nobody can be subjected to criminal prosecution for distribution of the information discrediting or humiliating honor and dignity of the personality.
As the media representative Akmat Alagushev told, the legislative initiative of the Ministry of Justice assumes transition of norm of “Insult” from private in public character, i.e. militiamen will be able to estimate, whether this or that citizen was offended, whether it is worth qualifying this action as an administrative offense. Thus the administrative code doesn’t provide possibility of reconciliation of the parties.
According to the lawyer Nargiza Abdraimova, “this bill doesn’t correspond to the basic principles of the right”.
“Objects of an administrative offense are public or state interests protected by law. But what public and state interests we are talking about when the rights and legitimate interests of one certain individual are affected? The insult can’t be in administrative proceeding in any way by the legal nature” — she thinks.
The expert from the ombudsman administration Aslan Kulbayev agrees with her.
“Since it is provided in the Constitution that there is no criminal liability for an insult, this means it is purely civil legal proceedings where the person estimates the insult and addresses the court, and the court satisfies the claim or not. If the court satisfies the claim it also defines to what extend — he noted. — Penalties under the bill assumed to be transferred to the state income, however the insult — is interests of the individual. Why at the expense of the offended person the state has to refill its balance?”
In conclusion the participants noted: since the solution of the matter is impossible within administrative production, the Ministry of Justice should withdraw the bill, and for adjusting the legislation with the decision of the Constitutional chamber of the KR, it is necessary to introduce the new bill where responsibility for an insult will be provided in the civil code.