"Legal Castration". Ulukbek Karybek uulu criticized the government's decisions on local self-government

Евгения Комарова Society
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At a parliamentary meeting, Deputy of the Jogorku Kenesh Ulukbek Karybek uulu raised the issue of the insufficient quality of regulatory acts developed at the local level and strongly urged for enhanced control over the legality of decisions made by local self-government bodies.

He emphasized the need to introduce professional lawyers into the staff of local councils and to revise their regulations, as existing shortcomings lead to legal conflicts.

“This is not just an administrative error; it is a legal erosion undermining the foundations of the state. We take pride in the administrative-territorial reform, which is undoubtedly an important step towards the country's development. However, let’s look at things without embellishments: we have united territories and granted them significant powers, but we forgot to equip them with legal tools,” the deputy noted.

He also highlighted the necessity of revising the regulatory legal acts concerning the activities of local councils.

“The first thing to pay attention to is constitutional nihilism.
The Cabinet of Ministers adopted Resolution No. 81, which has become a legal castration for local self-government. During the years of independence, we have approved about 75,000 legal acts, but for a city with a population of 100,000, not a single staff lawyer is provided, despite multimillion assets.
This violates Article 114 of the Constitution. We impose duties on local councils but do not provide specialists capable of defending their interests. It’s like sending a ship into the ocean without a rudder.

Secondly, there is a paradox related to freelancing.
Currently, city councils hire outsourced lawyers to represent their interests in courts. We have entrusted the protection of the country's and people's interests to temporary workers.
According to the law on state and municipal service, officials take an oath and are responsible for the reputation of the state, while outsourced lawyers do not. They can intentionally lose a case, and it is impossible to hold them accountable. Today they can represent the interests of the city council, and tomorrow they may represent the opponent. This is a vivid example of a conflict of interest.

The third issue lies in “legal archaeology.” This pertains to the regulations governing the work of local councils, which is a foundational document for their activities. Recently, I received a request stating that the administration of one of the cities continues to operate under the 2021 regulations, which allow deputies to hold positions on the land commission and work in various institutions.
This violates the balance of power and creates legal chaos.

In this regard, I propose to conduct a review of Resolution No. 81 and to include at least one lawyer in the staff of local councils. This is a matter of national security.

It is also necessary to conduct a prosecutor's check of the acts of local councils for compliance with norms and the Constitution. And finally, legal protection should be entrusted not just to any lawyer, but to one who takes an oath,” concluded Karybek uulu.
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