Success Stories
Kyrgyzstan

Open Drafting Procedures Increase Opportunities

Based on recommendations made by the USAID TFI Project, as of February 2005 Jalal-Abad Oblast, Bishkek, and Jayil Rayon have new methods of drafting and adopting regulations. The new procedures require mandatory publication of draft regulations and a 60-day period for public comment, increasing citizens’ access to the regulatory process and expanding opportunities to advocate issues of concern.


	Governor of Jalal-Abad at the seminar held for representatives from the government and private sector from Jalal-Abad and Osh to discuss the legal drafting procedures and new opportunities for advocacy.

Across the CIS, the process for drafting and adopting regulations is almost always non-transparent and void of public involvement. As a result, regulations rarely take into consideration concerns of the private sector or public input. Regulations frequently are contradictory and not published, leading to disenfranchisement, corruption and an ineffectual regulation system.

On the basis of the model successfully adopted in Osh Oblast with the assistance of USAID TFI, other regions of the country are moving similarly to require publication of drafts and periods of time for comments by citizens before drafts come into force.

According to Mr. Duishon Mamasaliev, executive director of JSC Nur, “The new regulations will improve legal drafting procedures with businesses’ involvement. I believe that adoption of such normative acts prepared with the participation of entrepreneurs will reduce bureaucratic pressure on businesses.”

Publication of and open comment on laws promote greater transparency and allow the private sector to hold the government accountable. The requirements will promote dialogue between government and the private sector and will provide associations, advocates and prosecutors more opportunities to challenge burdensome and illegal regulations.

Jamashev Zulumber, chairman of the Public Union Yuradil, was also enthusiastic about the changes, saying, “The activity of our Union is aimed at human rights protection. Sometimes local normative acts affect civil rights, including entrepreneurs being incompliant with the national legislation and Constitution. The new Regulation gives an opportunity to the population to take part in the drafting stage of a normative regulating act and to comment on it. We should become active and participate enthusiastically in new legal drafting procedures.”

Full implementation of these procedures will require continued consultation and demand from the private sector. However, the formalization of these procedures represents a fundamental change in the way government interacts with citizens, providing an opening for the private sector to become involved in the regulatory process and to advocate for their interests before regulations come into effect.

According to Mr. Duishon Mamasaliev, executive director of JSC Nur, “The new regulation will improve legal drafting procedures with businesses’ involvement. I believe that adoption of such normative acts prepared with the participation of entrepreneurs will reduce bureaucratic pressure on businesses.”

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