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Date: April 29, 2024 Mon
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Results for judicial system (kyrgyz republic)
1 results foundAuthor: The World Bank. Poverty Reduction and Economic Management Unit, Europe and Central Asia Region Title: Kyrgyz Republic Judicial System Diagnostic: Measuring Progress and Identifying Needs Summary: The Joint Country Support Strategy for the Kyrgyz Republic (2007-2010) (JCSS), extended in 2008 to cover the period 2009-2011, identified the weak and inefficient Kyrgyz legal and judicial system as contributing to a poor business environment and weak governance. As a result, JCSS partners identified comprehensive judicial reform as a program focus and a goal of the JCSS (Goal 2.5: Legal Reform) which was enlarged to include independence for the judicial budget. As part of the JCSS, the World Bank program included the preparation of a judicial reform study. In order to implement this program, the World Bank and the Swiss Agency for Development and Cooperation (SDC) agreed to fund this Judicial System Diagnostic conducted by a World Bank Diagnostic Team complemented by international experts in specific sectors. The Diagnostic’s objective is to provide an analysis of the institutional and operational issues and obstacles that constrain the functioning of Kyrgyzstan’s legal and judicial system. The Diagnostic provides recommendations for overcoming key constraints both at the policy and the implementation levels. The Kyrgyz Government’s Country Development Strategy 2007 -2010 (CDS), updated in 2008 for the period 2009-2011, describes the judicial system as one of the weakest constituents of public administration and aims to reform the system in order to improve its effectiveness and independence. The CDS also attaches a prominent role to improving the judicial system in order to combat corruption and the operation of the shadow economy. Where laws are not working, where entrepreneurs and investors do not trust the courts to enforce contract rights or judicial protection of property rights, it is more profitable for them to work in the shadow economy with its established traditions and mechanisms or to avoid investing in Kyrgyzstan at all. As recently as August 2009, the World Bank and European Bank for Reconstruction and Development found that 42 percent of firms operating in Kyrgyzstan, across a broad spectrum of sectors and sizes, felt that the Kyrgyz court system was a problem for doing business in Kyrgyzstan. This was an increase of 4 percent over the results in 2005 and was greater than the regional average for Europe and Central Asia and for the Southern CIS countries. According to the World Economic Forum’s Global Competitiveness Report 2009- 2010 the Kyrgyz Republic fares poorly when international business executives were asked to rate the efficiency of the Kyrgyz judicial system in resolving private business disputes; the Kyrgyz system rated 125 out of 133 countries, reflecting a score of 2.6 on a seven point scale. ES3. In the aftermath of the global financial crisis, the focus on the competitiveness of the Kyrgyz Republic’s investment climate has only heightened. As countries look for ways to attract trade and investment, the ability of their judicial system to resolve commercial disputes in a fair, quick and cost-effective manner and offer secure protection of property rights can be a key attraction or a harmful obstacle in the eyes of newly-risk adverse domestic and foreign businesses and investors. A focus on the impact of the Kyrgyz Republic’s judicial system and the rule of law on the investment climate should have been the responsibility of the Central Agency for Development, Investment and Innovation created in 2009 within the Institute of the President (CADII), as it was charged with formulating policies to improve Kyrgyzstan’s business and investment environment and the formulation of national economic development strategies and programs. The CADII was eliminated when state authority passed to the Temporary Government on April 7, 2010 as a result of public unrest. Fulfilling this function will now require the Supreme Court and Judicial Council, in conjunction with the Government, to identify weaknesses in the Kyrgyz judicial system and develop strategies to overcome and address them. The World Bank and SDC believe that this Judicial System Diagnostic will be a useful input as the judicial leadership and the Government undertake to develop the programs and projects necessary to improve the Kyrgyz judicial system. Details: Bishkek: Kyrgyz Republic Country Office, The World Bank, 2011. 98p. Source: Internet Resource: Report No. 61906-KG: Accessed September 20, 2011 at: http://siteresources.worldbank.org/INTECA/Resources/KGJudicialDiagnosticENG2011.pdf Year: 2011 Country: Kyrgyzstan URL: http://siteresources.worldbank.org/INTECA/Resources/KGJudicialDiagnosticENG2011.pdf Shelf Number: 122790 Keywords: CourtsCriminal Justice SystemsJudicial System (Kyrgyz Republic) |