The Parliament of Kyrgyzstan is going to prohibit certain categories of public officials holding assets outside the country. The members of SDPK parliamentary faction Ismail Isakov initiated the amendments.
According to him, the ban is set to ensure national security of the Kyrgyz Republic, expansion of investments to the national economy, improvement the efficiency of combating corruption. Ismail Isakov considers that by this way official will demonstrate principles of loyalty to people of Kyrgyzstan, political influence and undue interference in the activities of government by outside officials will be excluded.
"According to the Constitution, property is inviolable, everyone has the right to ownership, use and disposition of property. This right, however, does not exclude the possibility of enshrining in the law particular requirements for public officials, whose activities, in accordance with the vested powers, are politically determinative, affecting issues of sovereignty and national security. Prohibitions and limitations, conditioned by specific status, which is acquired by a civil servant, can not be regarded as undue restriction of the constitutional rights of the citizen," Ismail Isakov believes.
The MP proposes to prohibit officials, their spouses and minor children to open and operate accounts (deposits) to store cash in foreign banks, located outside the country, have government securities, bonds and shares of other foreign issuers on the right of ownership, have the right to possess own property in foreign countries.
Violation of the law is a criminal offense with only one type of punishment - deprivation of the right to occupy certain positions with confiscation of property. Verification of compliance with the established prohibitions provided, solely, by prosecutors. For full implementation of the document the amendments are introduced to the Criminal Code, the Law "On operative-search activity", "On banking secrecy", "On prevention of terrorism financing and legalization (laundering) of incomes from crime", "On transaction in foreign currency", "On combating corruption".
The author notes that such bans are fixed by law in some other states and the issue of their constitutionality was also the subject mater of constitutional courts. "It should be noted that, in accordance with Article 20 of the Constitution of the Kyrgyz Republic, the rights and freedoms of man and citizen may be limited by laws in order to protect national security, public order, health or morals, protection of the rights and freedoms of others," the document reports.