Kyrgyzstan

Name of law: Law of the Kyrgyz Republic On access to information held by state bodies and local self-government bodies of the Kyrgyz Republic
First adopted: 2007
Last modified: n/a
RTI Rating last updated: 2020-05

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Introduction

The law is of medium strength in a region where the right to access information is generally undeveloped but it has some significant weaknesses. In particular, Kyrgyzstan relies on an Ombudsman rather than a specialised information oversight body, which resulted in deductions in some areas due to the fact that the Ombudsman does not have any particular focus on access to information or specific role in promoting access to information. The other major problem with this access regime is its exceptions, many of which are overly broad. The regime also allows material to be exempted by other legislation and only has a limited public interest override. Other laws cited in the article column include the Law on Guarantees and Free Access to Information, Law on Ombudsman, Law about Bases of Administrative Activities and Ministerial Procedures, Administrative Procedure Code, and Law on E-Government and Decree on the Implementation of the Law on Access to Information No. 240 of 2007.

Local Experts: Ainura Eshenalieva, Masha Lisitsyna, Begaim Usenova, Nadejda Alisheva, Nargiz Abdraimova</span></span></span></p>

id	Section	Points	Max score
1	Right of Access	4	6
2	Scope	23	30
3	Requesting Procedures	17	30
4	Exceptions & Refusal	12	30
5	Appeals	21	30
6	Sanctions & Protections	2	8
7	Promotional Measures	8	16
		∑ = 87	∑ = 150

Section	I	Description	Scoring instructions	Max score	Findings	Points	Article	Comments
1. Right of Access	1	The legal framework (including jurisprudence) recognises a fundamental right of access to information.	Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.	2	YES	2	Constitution, 33(3). Everyone shall have the right to obtain information on the activity of state authorities, local government bodies as well as officials thereof, legal entities with the participation of state authorities and local government bodies as well as organizations financed from the national and local budgets. (4) Everyone shall be guaranteed access to information in the possession of state authorities, local government bodies as well as officials thereof. The regulations of providing information shall be envisaged in the law.
1. Right of Access	2	The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.	No=0, Partially=1, Yes=2	2	YES	2	3(1). Everyone is guaranteed an access to information held by state bodies and local self-government bodies.
1. Right of Access	3	The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information.	One point for each characteristic.	2	NO	0	1. The purposes of this Law are providing the realization and protection of the right of access to information held by state bodies and local self-government bodies, and ensuring the maximum informational openness, publicity and transparency of information on activities of state bodies and local self-government bodies. 3(2). The main principles of access to information are accessibility, objectivity, timeliness, openness and authenticity of information. Law on Guarantees and Free Access to Information, 1. This law shall regulate relations, arising with connection to realization of the right of anyone to search, receive, investigate, produce, give and disseminate the information freely and unimpededly. Law on Guarantees and Free Access to Information, 3. Everyone is guaranteed an access to information. The state protects everyone's right to search, receive, investigate, produce, give and disseminate information. Information access and dissemination shall be restricted by the law only. Law on Guarantees and Free Access to Information, 4. Main principles of the free access to information are accessibility, objectivity, timeliness, openness, and authenticity of the information.	No reference to external benefits.
2. Scope	4	Everyone (including non-citizens and legal entities) has the right to file requests for information.	Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons.	2	Partially	1	2(1). This Law shall regulate relations arising in connection with access of individuals and legal entities to information held by state bodies and local self-government bodies. 3(1). Everyone is guaranteed an access to information held by state bodies and local self-government bodies.	Does not explicitly refer to non-citizens in definition of who may make a request and uses the term citizen in some places; explicitly covers legal entities
2. Scope	5	The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.	Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.	4	Partially	2	3(1). Everyone is guaranteed an access to information held by state bodies and local self-government bodies.	Does not define information. Language generally appears to be open in this regard. Covers information "held by" public authorities but appears to be problematical in practice.
2. Scope	6	Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).	Score 1 point for only documents, 1 point for information.	2	Partially	1	6(4). State bodies and local self-government bodies that have adopted resolutions referred to in subparagraph 1-1 of paragraph 1 of this article, or state bodies which competence includes issues raised by these resolutions, shall take measures to ensure their generally accessibility and timely clarification by means provided for by paragraph 1 of this article. 9(4). When formulating the subject matter of the request it is not necessary to indicate all details of requested documents or materials. In case the subject matter requires clarification; those responsible for replying have the right to clarify the matter by contacting the information user on his/her initiative, using indicated contact numbers. In case of absence of contact telephone, person responsible for replying shall autonomously clarify the matter.	There is a reference to "documents" and "material" in some articles but in most places the law refers only to "information", thus not making it quite clear that it covers both.
2. Scope	7	The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.	Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).	8	Partially	7	2(2). When formulating the subject matter of the request it is not necessary to indicate all details of requested documents or materials. In case the subject matter requires clarification; those responsible for replying have the right to clarify the matter by contacting the information user on his/her initiative, using indicated contact numbers. In case of absence of contact telephone, person responsible for replying shall autonomously clarify the matter. Law on Guarantees, 6. State bodies, self-government bodies, public organizations, enterprises, establishments and state officials are obliged to ensure that everyone has a possibility to study documents and other materials, regarding his rights and legal interests. Access to information shall be provided through: 1) publication and dissemination of appropriate materials; 1-1) awareness raising and outreach to the media on socially significant resolutions, including regulatory legal acts, imposing new responsibilities on citizens, legal entities, establishing or reinforcing liability; 2) providing information to inquiries;; 3) disclosure of information about activities; 4) providing direct access to documents and materials; 5) providing direct access to open meetings of state bodies and local authorities; 6) any other means not prohibited by the legislation of the Kyrgyz Republic. State bodies and local self-government bodies that have adopted resolutions referred to in clause 1-1 of part 2 of this article, or state bodies which competence includes issues related to these resolutions, shall take measures for accessibility and timely awareness-raising as necessary.	Seems to be pretty comprehensive but only covers permanent bodies.
2. Scope	8	The right of access applies to the legislature, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government	4	YES	4	2(2). When formulating the subject matter of the request it is not necessary to indicate all details of requested documents or materials. In case the subject matter requires clarification; those responsible for replying have the right to clarify the matter by contacting the information user on his/her initiative, using indicated contact numbers. In case of absence of contact telephone, person responsible for replying shall autonomously clarify the matter. Law on Guarantees, 6. State bodies, self-government bodies, public organizations, enterprises, establishments and state officials are obliged to ensure that everyone has a possibility to study documents and other materials, regarding his rights and legal interests. Access to information shall be provided through: 1) publication and dissemination of appropriate materials; 1-1) awareness raising and outreach to the media on socially significant resolutions, including regulatory legal acts, imposing new responsibilities on citizens, legal entities, establishing or reinforcing liability; 2) providing information to inquiries; 3) disclosure of information about activities; 4) providing direct access to documents and materials; 5) providing direct access to open meetings of state bodies and local authorities; 6) any other means not prohibited by the legislation of the Kyrgyz Republic. State bodies and local self-government bodies that have adopted resolutions referred to in clause 1-1 of part 2 of this article, or state bodies which competence includes issues related to these resolutions, shall take measures for accessibility and timely awareness-raising as necessary.	Explicitly referred to and also covered through bodies created by the Constitution or a law.
2. Scope	9	The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government	4	YES	4	2(2). When formulating the subject matter of the request it is not necessary to indicate all details of requested documents or materials. In case the subject matter requires clarification; those responsible for replying have the right to clarify the matter by contacting the information user on his/her initiative, using indicated contact numbers. In case of absence of contact telephone, person responsible for replying shall autonomously clarify the matter. Law on Guarantees, 6. State bodies, self-government bodies, public organizations, enterprises, establishments and state officials are obliged to ensure that everyone has a possibility to study documents and other materials, regarding his rights and legal interests. Access to information shall be provided through: 1) publication and dissemination of appropriate materials; 1-1) awareness raising and outreach to the media on socially significant resolutions, including regulatory legal acts, imposing new responsibilities on citizens, legal entities, establishing or reinforcing liability; 2) providing information to inquiries; 3) disclosure of information about activities; 4) providing direct access to documents and materials; 5) providing direct access to open meetings of state bodies and local authorities; 6) any other means not prohibited by the legislation of the Kyrgyz Republic. State bodies and local self-government bodies that have adopted resolutions referred to in clause 1-1 of part 2 of this article, or state bodies which competence includes issues related to these resolutions, shall take measures for accessibility and timely awareness-raising as necessary.	Explicitly referred to and also covered through bodies created by the Constitution or a law.
2. Scope	10	The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State).	Score 1 point if some, 2 points if all	2	NO	0	2(2). When formulating the subject matter of the request it is not necessary to indicate all details of requested documents or materials. In case the subject matter requires clarification; those responsible for replying have the right to clarify the matter by contacting the information user on his/her initiative, using indicated contact numbers. In case of absence of contact telephone, person responsible for replying shall autonomously clarify the matter. Law on Guarantees, 6. State bodies, self-government bodies, public organizations, enterprises, establishments and state officials are obliged to ensure that everyone has a possibility to study documents and other materials, regarding his rights and legal interests. Access to information shall be provided through: 1) publication and dissemination of appropriate materials; 1-1) awareness raising and outreach to the media on socially significant resolutions, including regulatory legal acts, imposing new responsibilities on citizens, legal entities, establishing or reinforcing liability; 2) providing information to inquiries; 3) disclosure of information about activities; 4) providing direct access to documents and materials; 5) providing direct access to open meetings of state bodies and local authorities; 6) any other means not prohibited by the legislation of the Kyrgyz Republic. State bodies and local self-government bodies that have adopted resolutions referred to in clause 1-1 of part 2 of this article, or state bodies which competence includes issues related to these resolutions, shall take measures for accessibility and timely awareness-raising as necessary.	Only covers non-profit bodies.
2. Scope	11	The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er).	Score 1 point if some bodies, 2 points if all	2	YES	2	2(2). When formulating the subject matter of the request it is not necessary to indicate all details of requested documents or materials. In case the subject matter requires clarification; those responsible for replying have the right to clarify the matter by contacting the information user on his/her initiative, using indicated contact numbers. In case of absence of contact telephone, person responsible for replying shall autonomously clarify the matter. Law on Guarantees, 6. State bodies, self-government bodies, public organizations, enterprises, establishments and state officials are obliged to ensure that everyone has a possibility to study documents and other materials, regarding his rights and legal interests. Access to information shall be provided through: 1) publication and dissemination of appropriate materials; 1-1) awareness raising and outreach to the media on socially significant resolutions, including regulatory legal acts, imposing new responsibilities on citizens, legal entities, establishing or reinforcing liability; 2) providing information to inquiries; 3) disclosure of information about activities; 4) providing direct access to documents and materials; 5) providing direct access to open meetings of state bodies and local authorities; 6) any other means not prohibited by the legislation of the Kyrgyz Republic. State bodies and local self-government bodies that have adopted resolutions referred to in clause 1-1 of part 2 of this article, or state bodies which competence includes issues related to these resolutions, shall take measures for accessibility and timely awareness-raising as necessary.	Any body created by the Constitution or a law.
2. Scope	12	The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding.	1 point for public functions, 1 point for public funding	2	YES	2	2(2). When formulating the subject matter of the request it is not necessary to indicate all details of requested documents or materials. In case the subject matter requires clarification; those responsible for replying have the right to clarify the matter by contacting the information user on his/her initiative, using indicated contact numbers. In case of absence of contact telephone, person responsible for replying shall autonomously clarify the matter. Law on Guarantees, 6. State bodies, self-government bodies, public organizations, enterprises, establishments and state officials are obliged to ensure that everyone has a possibility to study documents and other materials, regarding his rights and legal interests. Access to information shall be provided through: 1) publication and dissemination of appropriate materials; 1-1) awareness raising and outreach to the media on socially significant resolutions, including regulatory legal acts, imposing new responsibilities on citizens, legal entities, establishing or reinforcing liability; 2) providing information to inquiries; 3) disclosure of information about activities; 4) providing direct access to documents and materials; 5) providing direct access to open meetings of state bodies and local authorities; 6) any other means not prohibited by the legislation of the Kyrgyz Republic. State bodies and local self-government bodies that have adopted resolutions referred to in clause 1-1 of part 2 of this article, or state bodies which competence includes issues related to these resolutions, shall take measures for accessibility and timely awareness-raising as necessary.	Covers both funding and public functions (such as health).
3. Requesting Procedures	13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	YES	2	9(2). Person requesting the information is not obliged to explain reasons of his/her request. Person, requesting the information, has the right to include contact telephone number, and other information which, in his/her opinion, could assist in executing the request. Law on E-Government (unofficial translation), 15(1). State bodies and local governments, legal entities with the participation of the state or municipalities, as well as legal entities financed from the republican and local budgets, are required to provide access, including via the Internet, to information about their activities in accordance with the Law Of the Kyrgyz Republic "On access to information held by state bodies and local authorities of the Kyrgyz Republic." A person who wants to access such information is not required to justify the need to obtain it.
3. Requesting Procedures	14	Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).	Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.	2	NO	0	9(1). The written request shall indicate: а) name of the state body and (or) surname of official of the state body and local self-government body, to whom it is addressed; б) for citizens - full name, patronymic, date of birth, place of residence; legal entities (or their branches and representative offices) - full name of a legal entity (branch, representative’s office), location of management body (postal address), information on legal entity registration, surname and position of person signing an request; в) request subject that allows understanding unambiguously what kind of information needs to be provided. Order No. 56-R, Appendix No. 1, 4(3), (4)	Have to provide full name, date of birth, place of residence.
3. Requesting Procedures	15	There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.	Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought.	2	YES	2	7(1). Requests for information to state bodies and local self-government bodies may be sent in the following formats: - direct oral request or by telephone; - written request, delivered personally, by post, courier or via electronic communication channels. 8. Oral request for providing with information (1) In case of oral request or by telephone, corresponding information shall be provided in oral form. (2) Brief information is to be provided in oral form, to avoid unnecessary written requests. Those responsible for providing information are not obliged to consult those requesting information on the subject matter in oral form. (3) If the oral reply is not satisfactory for the one requesting information, he/she shall be explained procedures of written requests, and other means of receiving information, in accordance with the provisions of this Law. (4) Every oral request should be recorded (registered), indicating author of the request, his/her telephone number, home address, date and time, subject or issue of request, as well as information about state or municipal employee, responding to it. Registry and filling procedure shall be established by the Government of the Kyrgyz Republic. 9(3). State body and local self-government body shall develop templates for requests and provide access to these templates in their premises and post offices. Back page of the template can contain guidelines on how to fill the template out, terms, procedures of receiving and payment for accessing information. (5) An request may be sent via post, courier, and electronic communication channels or personally delivered to state bodies or local self-government bodies. 15(2) State body and local self-government body have the right to refuse in provision of requested information, when it essentially coincides with information provided to information user earlier in a period of 3 months before the receipt of repeated request. 31(1). State bodies and local self-government bodies for ensuring the right to access to information from automatized information systems shall: - include information systems of state bodies and local self-government bodies within the public segment of e-government architecture; - ensure placement of information from information systems of state bodies and local self-government bodies on websites of state bodies and local self-government bodies on the Internet in the format of open data; - create subscriber sites connected to the Internet in places easily accessible to citizens and organizations: in the premises of state bodies and local self-government bodies, state and municipal libraries, post offices and in other places specified by law; - provide single email address to receive requests and send requested information; - bear responsibility for content, accuracy and completeness of information published on the official server (website, portal). Law on Guarantees, 5. Everyone has a right to apply for information by themselves or through their legal representatives. Application may be submitted in a written form. The written application must contain a full name and address of the applicant, name or character of the inquired information. Written inquiries are to be registered. Peculiarities related to application for information held by state bodies and local self-government bodies are also regulated by the law of the Kyrgyz Republic “On Access to information held by state bodies and local self-government bodies of the Kyrgyz Republic”. Order No. 56-R of 2020	Detailed procedures for oral requests. Not clear if form is mandatory. Can deliver in different ways, including dedicated email address for this. But can also reject a request if it does not comply with A9.
3. Requesting Procedures	16	Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification.	Score 1 point for help in formulation and 1 point for clarification procedures	2	Partially	1	9(4). When formulating the subject matter of the request it is not necessary to indicate all details of requested documents or materials. In case the subject matter requires clarification; those responsible for replying have the right to clarify the matter by contacting the information user on his/her initiative, using indicated contact numbers. In case of absence of contact telephone, person responsible for replying shall autonomously clarify the matter. 33(1). State bodies and local self-government bodies shall: - establish structural units and appoint responsible persons responsible for the immediate provision of information to the public; - ensure the possibility of receiving brief free of charge responses regarding procedure for implementing provisions of this Law by phone, including regarding clarification of the subject of requests, working hours of state bodies and local self-government bodies, and procedure for familiarizing themselves with official information collections. Decree No. 240, 1(2).	No general obligation to assist but must contact requester if the description of the information is not very complete and also brief responses on how to implement the law.
3. Requesting Procedures	17	Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.	Score Yes=2 point, No=0	2	NO	0	N/A	Not mentioned.
3. Requesting Procedures	18	Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days.	Score 1 point for receipt, 1 point for max 5 working days	2	Partially	1	11. Order of consideration and satisfaction the written request (1) Every request shall be registered by state body and local self-government or private organization, indicating the following: - date the request was received; - details of person, sending the request; - brief description of subject matter; - surname and position of person responsible for preparing reply; - explanation of denying to provide information (in case of availability of requested information); - amount of payment for preparing response (when payment is required); - information about forwarding the request to other state body and local self-government body; - date of sending reply to the person enquiring; - other information describing main stages of drafting response. (2) After registration request shall be sent to person responsible for drafting response. Responsible person shall search for relevant documents and materials, copy them and file a package of documents for the response. (3) Response to a written request shall be complete, leaving no necessity for repeated request. Responsible person is not obliged to consult the information user on procedure of using requested documents and materials. (4) Response should include: 1) Note from the responsible person, including brief description of the subject matter, list of documents being provided, surname and position of executor, date of signature; 2) texts of documents being provided, or reference to them or parts documents, if these parts or references contain complete information to satisfy the request and providing them instead of requested documents, is definitely acceptable in accordance with nature of request; 3) price list of input items and information services, as well as list of names and contact information of key state bodies and organizations located in proximity to information user, and providing human rights protection, information and library service and providing information set in this Law.	Requests must be registered with some detail provided about this but not clear about receipts.
3. Requesting Procedures	19	Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.	Score: 1 point for information not held, 1 for referrals or 2 for transfers	2	YES	2	12(1) In case state body or local self-government body does not hold and is not obliged to hold documents and materials, requested in accordance with this Law, then it shall inform the person concerned. (2) When another state body or local self-government body holds the requested documents, then request shall be forwarded to that relevant body. If person enquiring indicates his/ her contact number or other means of communication, executor shall contact the person concerned and inform him/her that request was forwarded and make a note about it in written request.
3. Requesting Procedures	20	Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).	Score: 2 points for Yes, only 1 point if some limitations	2	NO	0	7(2). Reply to a request shall satisfy in that form, which was delivered a request. (3) In case when the document is available in more than one language state bodies and local self-government bodies, it shall be provided in the language indicated as preferable by person concerned. 14. Requests on provision with information in a form of text sent through communication channels (1) Requests received in a text form via communication channels, shall be addressed in the same format, if technical possibilities of the relevant state body allow it. (2) In case request is sent via e-mail, reply shall be emailed to information user. If requested information is not available in electronic format, then it shall be provided in other forms and means. Response may contain attachment of requested documents, or links to electronic versions of requested documents and materials accessible in the global network. (3) If request is done by fax, reply may be sent similarly, if the volume of required documents allows. In other cases replies shall describe the procedure of receiving information by other means in accordance with provisions of this Law. (4) Registration and drafting of replies to requests sent by email or fax shall be done in accordance with procedures provided for the written requests.	Only seems to give access in the format in which the request was made.
3. Requesting Procedures	21	Public authorities are required to respond to requests as soon as possible.	Score: No=0, Yes=2 points	2	NO	0	N/A	Not mentioned.
3. Requesting Procedures	22	There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).	Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.	2	YES	2	10. Terms of provision with replies to the written requests (1) Preparation of a reply to the written requests shall be executed within two weeks term. (2) The term starts from the day of receiving the request and ends on the day when reply is delivered to post office, personally to author, or to his/her courier or representative or the day when it was sent via electronic communication channels. (3) In case request needs to be forwarded to another state body and local self-government body, the term starts on the day when request was received by the other state body or local self-government body, obliged to provide information in accordance with this Law.	Two weeks
3. Requesting Procedures	23	There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.	-	2	YES	2	10(4). In case response is not provided within two weeks period, the information user shall be informed about it, along with reasons for the delay. Period of prolongation may not exceed two weeks.	Must notify requester with reasons within first two weeks and then two week limit for extensions
3. Requesting Procedures	24	It is free to file requests.	Score: No=0, Yes=2 points	2	YES	2	13. Expenses related to provision with information (1) Preparing replies to citizens and organizations’ requests shall be realized by state bodies and local self-government bodies free of charge, with exception of cases established by paragraph 3 of this article. (2) Person enquiring shall pay through the postal services upon delivery of response. (3) For requests which involve photo copying of documents, materials or parts of them exceeding 5 pages, payment shall be made for manufacturing of copies of the requested documents and (or) materials, not exceeding their cost price. Unified price list for copying services and payment terms shall be approved by the Government of the Kyrgyz Republic. State bodies and local self-government bodies have the right to exempt persons of socially vulnerable categories from payment.	Replies are free and only photocopying, etc., may be charged but would be better to make this explicit
3. Requesting Procedures	25	There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free.	Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional	2	Partially	1	13(3). For requests which involve photo copying of documents, materials or parts of them exceeding 5 pages, payment shall be made for manufacturing of copies of the requested documents and (or) materials, not exceeding their cost price. Unified price list for copying services and payment terms shall be approved by the Government of the Kyrgyz Republic. State bodies and local self-government bodies have the right to exempt persons of socially vulnerable categories from payment. Law on Guarantees, 7. Provision with the information and payment for it. Inquired information that touches on the rights and legal interests of the person shall be provided free of charge. Other information can be charged for by agreement between the parties. Standards of state services and determination order on payment.	Law refers to "unified price list" and other documents set out rather general central standards on this. No unified price list for copy services exists. The price lists adopted by certain public authorities do not cover the cost of photocopying. Only 5 pages free.
3. Requesting Procedures	26	There are fee waivers for impecunious requesters.	-	2	Partially	1	13(3). For requests which involve photo copying of documents, materials or parts of them exceeding 5 pages, payment shall be made for manufacturing of copies of the requested documents and (or) materials, not exceeding their cost price. Unified price list for copying services and payment terms shall be approved by the Government of the Kyrgyz Republic. State bodies and local self-government bodies have the right to exempt persons of socially vulnerable categories from payment.	Bodies "may" exempt fees but not required.
3. Requesting Procedures	27	There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information.	Score: No=0, Yes=2 points	2	Partially	1	3(3). The state guarantees rights of everyone to search, receive, investigate, produce and disseminate information. 18-1(1). Everyone has the right to fully or partially reproduce judicial acts passed in the established form on the subject matter and announced publicly by the court, by any means, including by publishing them in print media, collections or electronic databases. 18-2. Basic requirements to disclosing judicial acts (1) Texts of judicial acts, passed in the established form on the subject matter and announced publicly, are open for public access and made public, taking into account requirements provided for in paragraphs 2, 3, 5, and 6 of this article. Texts of resolutions and conclusions of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic are made public in full.(2) In texts of judicial acts open to public access, information that allows identifying a person (individual and legal entity) cannot be disclosed. Such information is replaced by initials, lettering or numeric designations.(3) Information referred to in paragraph 2 of this article includes: 1) name, patronymic, surname of individuals; 2) or stay addresses of citizens (individuals), telephone numbers or other means of communication, email addresses; 3) passport data, personal numbers (codes) and information related to records of civil acts of individuals; 4) data of vehicles’ technical passport; 5) name and identification number of legal entities against which the court claims have been declared unlawful and unfounded; 6) other information that could disclose identity of a person. (4) Information referred to in paragraph 2 and 3 of this article does not include: 1) surnames and initials of judge or panel of judges adopting the judicial act; 2) surnames and initials of prosecutor and lawyer, if they participated in the trial; 3) surnames and initials of officials of state bodies and local self-government bodies, who, in their official capacity, took part in the trial; 4) names, patronymics (if any), surnames of citizens (individuals) convicted of crimes; 5) names and identification numbers of legal entities against which the court claims were recognized by the court as legal and reasonable. (5) Texts of judicial acts passed in cases which have been tried in closed court hearings, with the exception of details, introductory and resolution parts of judicial acts shall not be made public. (6) In texts of judicial acts passed in cases that were tried in partially closed court hearings, information that was the basis for a closed court session shall not be made public. Law on E-Government (unofficial translation), 12(2). Public information can be used by any person at their discretion, subject to the exclusive rights to intellectual property, as well as restrictions established by law on the distribution, provision, use, and other processing of certain types of information.	Some effort to provide a system of reuse but not a fully developed system.
4. Exceptions & Refusal	28	The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.	Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points.	4	NO	0	2(3). Force (purview) of this Law shall not apply - to relations, arising in connection with citizens’ addressing with suggestions, complaints and petitions to the state bodies and local self-governments, except for complaints filed in connection with violations of this Law; - to relations arising in connection with access of state bodies or local self-government bodies to information held by other state bodies or local self-government bodies; - to relations arising in connection with accessing information of restricted access in accordance with the legislation of the Kyrgyz Republic. 5(2). 2. Access is restricted to information: 1) on state secrets defined by the law on protection of state secrets; 2) of personal nature determined by the law on private information; 3) on investigative activities, criminal proceedings in cases established by law; 4) containing secrets protected by law (commercial, banking, notarial, medical, legal and other). Law on Guarantees, 8. State, public and private media ensure accessibility of information to all citizens and organizations, without privileging any special categories of information users. Openness of the information includes free access to periodicals, informational television and radio programs, as well as possibility to study documents and other materials in cases provided for by law. Regulations of this article shall not extend to confidential information and the information comprising state, commercial and official secret. Law on Guarantees, 9. State bodies, self-government bodies, public organizations, enterprises, establishments and state officials cannot provide information containing state or other protected by the law secrets and other restricted information.	Provides clearly that other laws continue to apply.
4. Exceptions & Refusal	29	The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities.	Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed	10	Partially	6	2(3). State bodies, self-government bodies, public organizations, enterprises, establishments and state officials cannot provide information containing state or other protected by the law secrets and other restricted information. 5 (1) Restriction of access to information is established in order to: 1) protect national security, public order; 2) protect health or morals of the population; 3) protect rights and freedoms of others. (2) Access is restricted to information: 1) on state secrets defined by the law on protection of state secrets; 2) of personal nature determined by the law on private information; 3) on investigative activities, criminal proceedings in cases established by law; 4) containing secrets protected by law (commercial, banking, notarial, medical, legal and other). (3) Confidential information is determined in accordance with the Law of the Kyrgyz Republic "On electronic governance". (4) Confidential information containing data of state bodies and local self-government for the purposes of this Law, is the following: 1) concerning exclusively technical-organizational rules of protection of work of state bodies and local self-government bodies; 2) describing the concrete content of closed hearings and sessions, as well as personnel position of official during closed session or voting. (5) Officials of government and local self-government bodies bear the responsibility established by the legislation of the Kyrgyz Republic for disclosure of confidential information if it became known to them in connection with exercise of powers established by law. 18-2. Basic requirements to disclosing judicial acts (1) Texts of judicial acts, passed in the established form on the subject matter and announced publicly, are open for public access and made public, taking into account requirements provided for in paragraphs 2, 3, 5, and 6 of this article. Texts of resolutions and conclusions of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic are made public in full. (2) In texts of judicial acts open to public access, information that allows identifying a person (individual and legal entity) cannot be disclosed. Such information is replaced by initials, lettering or numeric designations. (3) Information referred to in paragraph 2 of this article includes: 1) name, patronymic, surname of individuals; 2) or stay addresses of citizens (individuals), telephone numbers or other means of communication, email addresses; 3) passport data, personal numbers (codes) and information related to records of civil acts of individuals; 4) data of vehicles’ technical passport; 5) name and identification number of legal entities against which the court claims have been declared unlawful and unfounded; 6) other information that could disclose identity of a person. (4) Information referred to in paragraph 2 and 3 of this article does not include: 1) surnames and initials of judge or panel of judges adopting the judicial act; 2) surnames and initials of prosecutor and lawyer, if they participated in the trial; 3) surnames and initials of officials of state bodies and local self-government bodies, who, in their official capacity, took part in the trial; 4) names, patronymics (if any), surnames of citizens (individuals) convicted of crimes; 5) names and identification numbers of legal entities against which the court claims were recognized by the court as legal and reasonable. (5) Texts of judicial acts passed in cases which have been tried in closed court hearings, with the exception of details, introductory and resolution parts of judicial acts shall not be made public. (6) In texts of judicial acts passed in cases that were tried in partially closed court hearings, information that was the basis for a closed court session shall not be made public. Law on the protection of State Secrets, 1. Basic terms applied in this Law. The following basic terms apply in this Law: 1) state secrets - information stored and transported by any kind of media affecting the defense, security, economic, scientific, technical and political interests of the Kyrgyz Republic, controlled by the state and limited by special lists and rules drafted in accordance with this Law and other regulatory legal acts of the Kyrgyz Republic;	Complaints from citizens; information held by other public bodies; rights and freedoms of others; information affecting economic, scientific, technical and political interests
4. Exceptions & Refusal	30	A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused.	Score 4 points and then deduct 1 point for each exception which is not subject to the harm test	4	NO	0	Law on the National Bank, 129 (1). Bank secrecy - this is any information that was transmitted by the client to the bank or was created by the bank or created from the mutual relationship of the bank and the client, including their pre-contractual relations in the course of banking activities. (2) Bank secrecy does not apply to: 1) legitimate public information (information that is in accordance with the law in the public domain); 2) consolidated information that does not allow to identify a bank client; 3) information about persons associated with the bank to the extent determined by the National Bank. (3) The requirements of this chapter also apply to the non-bank financial and credit organizations and other legal entities supervised by the National Bank. Law on the Protection of State Secrets, 1. Basic terms applied in this Law The following basic terms apply in this Law : 1) state secrets - information stored and transported by any kind of media affecting the defense, security, economic, scientific, technical and political interests of the Kyrgyz Republic, controlled by the state and limited by special lists and rules drafted in accordance with this Law and other regulatory legal acts of the Kyrgyz Republic; Law on Personal Information, 3. Terms and Definitions. For the purposes of this Law the following basic terms and definitions are applied: Personal Information (personal data) - recorded information on a material medium about a particular person, identified with a specific person or that can be identified with a specific person, allowing to identify this person directly or indirectly, by reference to one or more factors specific to his biological, economic, cultural, civil or social identity. Personal data include biographical and identification data, personal characteristics, information about marital status, financial status, health and etc. Personal dataset - any structured set of personal data of an indefinite number of persons, regardless of the type of information carrier and the means of their processing used (archives, card files, electronic databases, etc.). Publicly Available Personal Datasets - personal datasets access to which is not limited by law, and intended for general use (directories, phone books, address books, etc.). Law on Criminal Intelligence, 15. Protection of information about bodies engaged in law enforcement intelligence operations. Information on the forces, means, sources, methods, plans, and results of law enforcement intelligence operations used or used during covert operational-search measures, on persons embedded in the surroundings of an object of operational interest, corporate undercover police officers engaged in law enforcement intelligence operations, and persons providing assistance to them on a confidential basis, as well as on the organization and tactics of conducting law enforcement intelligence operations, constitute state secrets, are subject to declassification only on the basis of a resolution of the head of the body conducting law enforcement intelligence operations, in accordance with the legislation of the Kyrgyz Republic . The disclosure of information about persons embedded in the environment of an object of operational interest, corporate undercover officers of agencies engaged in law enforcement intelligence operations, as well as about persons who provide or have provided assistance to them on a confidential basis, is allowed only with their consent in writing and in cases stipulated by the law of the Kyrgyz Republic. The decision on the right to conduct a law enforcement intelligence operation and the materials that served as the basis for making such a decision are stored only in the bodies conducting law enforcement intelligence operations. Operational and service documents showing the results of criminal intelligence may be submitted to the inquiry body, investigator, prosecutor, judge, other bodies engaged in law enforcement intelligence operations in the manner and cases established by this Law. Criminal Procedure Code, 160. Inadmissibility of disclosure of pre-trial data 1. Data obtained in the course of pre-trial criminal proceedings is not subject to disclosure. 2. Authorized official of the body of inquiry, the investigator shall warn the witness, victim, counsel, expert, specialist, interpreter and other persons present during the investigation about the inadmissibility of the disclosure of the data of the pre-trial proceedings and the right to take away a subscription with a warning of liability in accordance with the Code on misconduct. 3. In cases involving state or military secrets, an attorney participating as a defense attorney or representative is warned about the inadmissibility of disclosing information constituting state or military secrets, about what gives the corresponding subscription. Information containing state or military secrets should be clearly defined and separated from the non-secret materials.	Anything transmitted to the Bank (not just private); information affecting defence, security; personal data, not privacy; organisation and tactics of law enforcement; date obtained in pre-trial proceedings
4. Exceptions & Refusal	31	There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.	Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.	4	Partially	2	Law on the Protection of State Secrets 11. Information not to be classified as secret. The following information is not to be classified as secret: 1) on natural disasters and emergencies that threaten the safety and health of citizens; 2) on disasters and their consequences; 3) on the state of affairs in ecology, the use of natural resources, health, sanitation, culture, agriculture, education, trade and law enforcement; 4) on facts of violation to the law by state bodies, local self-government bodies, organizations and their officials; 5) on facts trespassing to the rights and legitimate interests of citizens as well as creating a threat to their personal security. Law on E-Government (unofficial translation) 13(5). Access cannot be limited to: 1) regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing the legal status of organizations and the powers of state bodies, local authorities; 2) information on natural disasters, catastrophes and emergencies that threaten the health of citizens, about other circumstances that threaten the violation of the rights and legitimate interests of citizens, a threat to their personal safety; 3) information on the state of the environment; 4) information on the activities of state bodies and local self-government bodies, as well as on the use of budgetary funds (with the exception of information classified as state secrets); 5) data on violations of the law by state bodies and officials; 6) information in open collections of libraries, museums and archives.	Some limited public interest overrides in some of the secrecy laws.
4. Exceptions & Refusal	32	Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.	Score 1 point for each	2	NO	0	N/A	Not mentioned.
4. Exceptions & Refusal	33	Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.	Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.	2	NO	0	N/A	Some rules on consent vitiating secrecy (e.g. for personal data) but no system of consultation.
4. Exceptions & Refusal	34	There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed.	Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted	2	YES	2	4(4). Access cannot be restricted to decisions which restrict access to information. Documents and materials, which contain information, to which the access to information should be restricted in accordance with legislation of Kyrgyz Republic, shall be provided with that part which don’t include such as information.
4. Exceptions & Refusal	35	When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.	Score Y/N: 1 point for a and 1 point for b	2	YES	2	4(3). Decision to refute access to information should be justified and substantiated, only based on article 15 of this Law. 15(3). Rejection shall include the following information: 1) Explanation with references to norms of legislation of the Kyrgyz Republic based on which request was rejected; 2) means and procedures of appealing the rejection.	Must justify refusals based on A15 which then calls for provision upon which refusal is based and right of appeal.
5. Appeals	36	The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).	Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.	2	YES	2	35. Refusal to provide information, as well as other actions (omissions) and decisions of state bodies and local self-government bodies violating requirements of this Law, may be appealed in the manner prescribed by the Law of the Kyrgyz Republic "On the basis of administrative activities and procedures." Law on Guarantees, 12. Action or inaction of state bodies, self-government bodies, public organizations, enterprises, establishments and state officials which limits the citizens' right to receive information can be appealed against in court in the manner prescribed by the Law of the Kyrgyz Republic "On the basis of administrative activities and procedures ". Law on Administrative Procedures.	The Law on Administrative Procedures has a lot of rules on internal appeals, e.g. A42 says they must be completed within 30 days.
5. Appeals	37	Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman).	1 for partial, 2 for yes	2	YES	2	Law on Ombudsman, 1. Control over execution of the constitutional human and civil rights and freedoms in the territory of the Kyrgyz Republic to the extent of its jurisdiction shall be exercised by the Ombudsman (Akyikatchy) of the Kyrgyz Republic who shall be guided in her/his activities by the Constitution, this law as well as other laws of the Kyrgyz Republic, international agreements and treaties ratified by the Kyrgyz Republic, as well as universally recognized principles and standards of the international law. 2. This law shall apply to the relations arising through the implementation of human and civil rights and freedoms only between a citizen of the Kyrgyz Republic, regardless of his/her location, a foreign citizen or a stateless person in the territory of the Kyrgyz Republic and bodies of the public administration, local government and officials thereof. 10(1). The Ombudsman (Akyikatchy) shall consider petitions and grievances of citizens of the Kyrgyz Republic, foreign citizens in the territory of the Kyrgyz Republic as well as stateless persons or their representatives, NGOs, concerning actions taken by bodies of the state, local self-government, public and non public bodies, institutions, enterprises and their officials, or their acts in violation of rights and freedoms established by the legislation of the Kyrgyz Republic, international agreements and treaties, ratified by the Kyrgyz Republic. Citizenship, race and nationality, religion or political beliefs, location, gender, age or lack of powers of a person, internment or isolation, or any other special arrangement of subordination or dependence from the administration or state power may serve as an obstacle. The Ombudsman (Akyikatchy) shall perform duties on the basis of information on violation of human and civil rights and freedoms collected from statements by deputies of the Jogorku Kenesh of the Kyrgyz Republic or through own initiative.	Right to appeal to Ombudsman in relation to bodies of public administration (which covers all three branches). Can also appeal to the Prosecutor who may decide non-criminal (i.e. administrative) cases on his or her own.
5. Appeals	38	The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed.	Score: 1 point for appointment procedure, 1 point for security of tenure	2	YES	2	Law on Ombudsman, 4. Requirements for a candidate for the position of Ombudsman (Akyikatchy) and election of the Ombudsman (Akyikatchy) (1) Any citizen of the Kyrgyz Republic may be elected as the Ombudsman (Akyikatchy). (2) A person convicted for commitment of a crime may not be elected as the Ombudsman (Akyikatchy) unless such conviction has been discharged or removed in accordance with the law. (3) The President of the Kyrgyz Republic, factions of deputies, groups of deputies of the Legislative Assembly and the Assembly of People's representatives of the Jogorku Kenesh of the Kyrgyz Republic that consist of at least 7 persons who are not members of any faction, as well as political parties and civil associations shall have the right to make nominations for a position of the Ombudsman (Akyikatchy) of the Kyrgyz Republic to the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic. Committee of the Jogorku Kenesh of the Kyrgyz Republic for human rights shall draw up a reasonable opinion on every nominee for the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic. (4) The Ombudsman (Akyikatchy) shall be elected for the position by the Legislative Assembly of the Kyrgyz Republic by secret vote through submission of bulletins. (5) Deputies shall vote separately for each candidate for a position of the Ombudsman (Akyikatchy). (6) The Ombudsman (Akyikatchy) shall be considered as elected if the candidate has received the simple majority vote of the deputies of the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic. (7) If more than one candidate has received enough votes to be elected but the winner may not be established due to the same number of votes cast for each candidate, the deputies shall vote for several such candidates at the same time whereas the candidate who gets more votes shall be considered as elected. In case of equal distribution of votes the procedure of election shall be repeated until the Ombudsman (Akyikatchy) is elected. (8) If none of the candidates has received enough votes to be elected, then second election is made not earlier than 7 days and not later than 14 days after the time of the original election. (9) One and the same candidate may be nominated only twice within the same round of election. (10) The Ombudsman (Akyikatchy) shall be elected at least 30 days prior to the expiration of the term of the previous Ombudsman (Akyikatchy) in the office. (11) In case of earlier termination of powers of the Ombudsman (Akyikatchy) for reasons stated in the article 7 of this Law, election of a new Ombudsman (Akyikatchy) must be appointed within 1 month. (12) Upon expiration of the term, the Ombudsman (Akyikatchy) shall stay in the office until inauguration of the successor. (13) The Ombudsman (Akyikatchy) of the Kyrgyz Republic shall be elected for a term of five years. (14) One and the same person may not act as the Ombudsman (Akyikatchy) for more than two terms running. (15) The Ombudsman (Akyikatchy) of the Kyrgyz Republic shall not have more than three deputies. Deputies shall be appointed by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic upon nomination by the Ombudsman (Akyikatchy). 6. Legal status of the Ombudsman (Akyikatchy) (1) The Ombudsman (Akyikatchy) shall be independent from any bodies of the public administration or officials. Interventions into activities of the Ombudsman (Akyikatchy) or any influence upon the Ombudsman (Akyikatchy) shall be prohibited and entail responsibility in accordance with the legislation of the Kyrgyz Republic. (2) Introduction of the martial law or the emergency situation throughout the territory of the Kyrgyz Republic shall not result in the termination, limitation or the suspension of the duties of the Ombudsman (Akyikatchy). (3) The Ombudsman (Akyikatchy) shall have immunity throughout the whole term in the office and within 24 months after expiration of the term in the office. The Ombudsman (Akyikatchy) may not be arrested, may not be subject to legal proceedings, penalty, persecution or trial on account of his/her opinion formulated, or the actions performed in connection with professional duties. (4) In other cases and while in the office the Ombudsman (Akyikatchy), without consent of the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic may not be subject to criminal or administrative liability imposed by a court, or retained, arrested, searched, except in case of being caught at the scene of a crime, and may not be subject to a search or personal examination except in cases stipulated by the legislation of the Kyrgyz Republic for reasons of safety of other people. Immunity of the Ombudsman (Akyikatchy) shall also extend to his/her dwelling and working premises, luggage, personal and official vehicles, correspondence, means of communication and personal documents. (5) In case of arrest of the Ombudsman (Akyikatchy) at the scene of a crime, the arresting official must immediately inform the Office of the General Prosecutor (Procuracy). The Office of the General Prosecutor must notify the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic which must then make a decision and agree with continuation of this procedure of detention. The Ombudsman (Akyikatchy) must be immediately released if the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic has not given its consent with the detention of the Ombudsman (Akyikatchy) within 24 hours. (6) In case the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic has agreed, only the office of the General Prosecutor of the Kyrgyz Republic may start a criminal case in respect of the Ombudsman (Akyikatchy). (7) The status of the Ombudsman (Akyikatchy) shall not be compatible with the mandate of a deputy, political appointment or political activity; with active involvement with bodies of the public administration; membership in a political party or leadership of a political party, membership in a professional union, association or foundation; or employment with such; with legal or fiscal functioning or any kind of professional, commercial or labor activity. (8) In any of the above mentioned cases of incompatibility, the Ombudsman (Akyikatchy) must terminate respective activity or resign within 10 days after being elected as the Ombudsman (Akyikatchy) and prior to taking the office; otherwise, the Ombudsman (Akyikatchy) shall not accept the position. (9) Paragraphs 7 and 8 of this article in respect to the Ombudsman (Akyikatchy) shall also apply to the deputies. 7. Powers of the Ombudsman (Akyikatchy) of the Kyrgyz Republic shall terminate ahead of the schedule in the following cases: 1) refusal of the Ombudsman (Akyikatchy) to continue to perform official duties expressed through submission of an application for resignation; 2) verdict and conviction of the court in respect to the Ombudsman (Akyikatchy) comes into force; 3) decision of the court on recognition of the person that holds the position of the Ombudsman (Akyikatchy) as missing or dead comes into force; 4) death of a person that holds the position of the Ombudsman (Akyikatchy); 5) breach of the oath by the Ombudsman (Akyikatchy); 6) accepting a position or failure to give up activities that are not compatible with the status of the Ombudsman (Akyikatchy) within 10 days after election; 7) termination or loss of the citizenship of the Kyrgyz Republic; 8) decision of the court on disability of the Ombudsman (Akyikatchy); 9) unfaithful, unprofessional or non impartial performance of duties. The same provisions shall also apply to deputies of the Ombudsman (Akyikatchy). An ad hoc special commission of the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic must draw up an opinion concerning presence of rounds for an early removal of the Ombudsman (Akyikatchy) from the office which shall be approved by at least two thirds of the total number of members of such commission. The Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic shall consider the early dismissal of the Ombudsman (Akyikatchy) in presence of grounds as stated in this article and shall make a respective decision by at least 3/4 of votes of the Constitutional number of deputies of the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic.	Some of the rules on removal are a bit vague but require a 3/4 vote of parliament to remove
5. Appeals	39	The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.	Score 1 point for reports to parliament, 1 point for budget approved by parliament	2	YES	2	Law on Ombudsman, 11. Reports by the Ombudsman (Akyikatchy) (1) Before April the 1st of each year the Ombudsman (Akyikatchy) shall present an annual report to the Legislative Assembly and Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic covering the period, of time from January 1 through December 31 of the previous year, concerning the situation of human and civil rights and freedoms in the Kyrgyz Republic, bodies of the state power, local self - government, institutions, enterprises and organizations regardless of their ownership and their officials that have violated human and civil rights and freedoms through their actions (lack of action), as well as draw backs of the legislation on protection of rights and freedoms of a human being and a citizen. (2) In the annual report, the Ombudsman (Akyikatchy) shall indicate the number and the nature of grievances received, including those rejected complaints (indicating reasons for rejection) as well as complaints that have been dealt with. The report shall contain a description of consideration of individual cases that the Ombudsman (Akyikatchy) may consider to be of common interest and lists those cases which allowed to identify draw backs in the system of legislation, in the administrative regulations or the administrative practices. The Ombudsman (Akyikatchy) may also prepare special reports concerning such cases. (3) In the annual report the Ombudsman (Akyikatchy) shall name the bodies of the state power and local self - government, officials and legal entities that have violated human and civil rights and freedoms, and have not followed recommendations of the Ombudsman (Akyikatchy) for the rehabilitation of such rights. (4) Annual report by the Ombudsman (Akyikatchy) must contain general evaluations, conclusions and recommendations for the protection of human rights and freedoms in the country. (5) If the Ombudsman (Akyikatchy) considers a grievance unreasonable the report shall not include the name of a person who has submitted a complaint or the official against who the complaint has been lodged. If the Ombudsman (Akyikatchy) considers necessary, he/she may not include names from other cases either. This report may not contain any state, commercial or industrial confidential information. The Ombudsman (Akyikatchy) shall also make sure that information that must be kept confidential is not included into the report. (6) Report by the Ombudsman (Akyikatchy) shall be accompanied with an attachment that contains the budget execution statement for a reported period. (7) The Ombudsman (Akyikatchy) shall present the information personally at the sessions of chambers of the Jogorku Kenesh of the Kyrgyz Republic, while factions of deputies may speak to establish their own opinion of the report. (8) If necessary the Ombudsman (Akyikatchy) may present a special report to the Legislative Assembly and Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic concerning special issues of the situation with the human and civil rights and freedoms in the Kyrgyz Republic. (9) The Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic shall draw up a resolution concerning the annual report or special report by the Ombudsman (Akyikatchy) that must be approved by the Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic through ordinary majority vote. 16. Funding for activities of the Ombudsman (Akyikatchy) (1) Activities of the Ombudsman (Akyikatchy) and office of the Ombudsman (Akyikatchy) shall be financed from the republic budget. (2) The annual budget of the republic shall have a separate line for financing activities of the Ombudsman (Akyikatchy) and the office of the Ombudsman (Akyikatchy). Amount shall be determined by the Jogorku Kenesh of the Kyrgyz Republic upon proposal by the Ombudsman (Akyikatchy). (3) The Ombudsman (Akyikatchy) shall independently develop and execute the budget. (4) Activities of the Ombudsman (Akyikatchy) and his/her office may also be financed at the expense of funding from other states and international organizations under agreements (treaties) made by the Kyrgyz Republic or the Ombudsman (Akyikatchy), or other sources that are nit in contradiction to the legislation of the Kyrgyz Republic. (5) Financial statements shall be presented by the Ombudsman (Akyikatchy) in accordance with the procedures set by the legislation of the Kyrgyz Republic.	Budget voted by parliament and reports to parliament
5. Appeals	40	There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.	Score 1 point for not politically connected, 1 point for professional expertise	2	YES	2	Law on Ombudsman, 4(1). 1. Any citizen of the Kyrgyz Republic may be elected as the Ombudsman (Akyikatchy). (2). A person convicted for commitment of a crime may not be elected as the Ombudsman (Akyikatchy) unless such conviction has been discharged or removed in accordance with the law. 6(7). The status of the Ombudsman (Akyikatchy) shall not be compatible with the mandate of a deputy, political appointment or political activity; with active involvement with bodies of the public administration; membership in a political party or leadership of a political party, membership in a professional union, association or foundation; or employment with such; with legal or fiscal functioning or any kind of professional, commercial or labor activity.
5. Appeals	41	The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.	Score 1 point for reviewing classified documents, 1 point for inspection powers	2	YES	2	Law on Ombudsman, 8. The Ombudsman (Akyikatchy) of the Kyrgyz Republic shall have the right: 1) to be received without any delay by the President of the Kyrgyz Republic, Toraga (Speaker) of the Legislative Assembly and the Toraga of the Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic, the Prime Minister of the Kyrgyz Republic and members of the Government of the Kyrgyz Republic, by Chief Justices of the Constitutional Court, Supreme Court and the Supreme Court of Arbitration of the Kyrgyz Republic, Prosecutor General of the Kyrgyz Republic, commanders of the Military forces of the Kyrgyz Republic, administrations of penitentiary facilities, heads of other bodies of public administration, bodies of the local government, civil associations, enterprises, institutions, organizations regardless of the ownership and respective officials. 2) to attend sessions of the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic and Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic, meetings of the Government of the Kyrgyz Republic, sessions of the Constitutional Court, Supreme Court and the Supreme Court of Arbitration of the Kyrgyz Republic, Board of the Office of the Prosecutor General of the Kyrgyz Republic and other boards. 3) to appeal to the Constitutional Court of the Kyrgyz Republic with the statement concerning the compliance of laws of the Kyrgyz Republic, other normative and legislative acts of the Jogorku Kenesh of the Kyrgyz Republic, acts of the President of the Kyrgyz Republic, and the Government of the Kyrgyz Republic concerning the human and civil rights. 4) to appeal to the Legislative Assembly and the Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic with a petition concerning the official interpretation of the Constitution and the legislation of the Kyrgyz Republic. 5) to visit without any obstacles the bodies of public administration, bodies of the local government, enterprises, institutions, organizations regardless of their ownership, as well as military units; 6) to inquire and obtain from state bodies, local self - government, enterprises, organizations and institutions, as well as civil associations and political parties any information, materials and documents concerning issues that must be clarified in a course of consideration of an application or a complaint. 7) to have access to information, associated with official, commercial or state secrets (classified information) through the procedure established by the legislation of the Kyrgyz Republic; 8) require that officials of bodies of the state, local government, enterprises and institutions, as well as organizations regardless of their ownership, should facilitate inspections of enterprises, institutions and organizations they control or run, and provide experts to participate in inspections, evaluations in order to make respective experts' opinions. 9) to invite officials, citizens of the Kyrgyz Republic, foreign citizens and stateless persons to provide clarifications orally or in writing concerning any circumstances considered in a case; 10) to visit, at any time, places for detention of people, places of pre-court detention, penitentiary facilities, correction and treatment facilities, psychiatric hospitals, and to interview detainees, as well as to collect information concerning conditions of detention and check documents that provide grounds for detention in such facilities. 11) to attend sessions of courts of any instance, including trials with restricted access provided the party for which the trial has been announced "closed" agrees. 12) to appeal to the court for protection of human and civil rights and freedoms of citizens who are not able to do the same for reasons of health or otherwise, and to attend trials in person or through a representative in cases and through the procedure established by law; 13) to study criminal and civil cases in the court, as well as cases of administrative violations, in respect to which decisions of the court have already been made and become effective, as well as cases and materials, rejected by the court. 14) to forward acts of response by the Ombudsman (Akyikatchy) to respective bodies in case of identification of any violations of the human and civil rights and freedoms, which must take appropriate measures; 15) to check how respective bodies of the state, including law enforcement and investigative agencies comply with the established human and civil rights and freedoms. 16) to control any branch of power in respect to cases where final decisions have already been made. To perform the official duties the Ombudsman (Akyikatchy) shall have the access to facilities used by the military forces and state guards service. 17) to hear out officials, responsible for cases under consideration or any staff member of the body that conducts the investigation and may demand an investigation to be conducted by authorities of a body under examination or by the head of the supervisory board and any other body empowered to conduct such investigation by the law. 12(3). Due to the above said bodies of the state power may not deny access to any document of administrative nature which may be related to the activities or services subject to an investigation.	Seems to have power to obtain documents, to hear witnesses and to visit premises but could be clearer.
5. Appeals	42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	NO	0	N/A	Not mentioned; A11(3), (4) of Law on Ombudsman refer to recommendations. But decisions of the Prosecutor are binding.
5. Appeals	43	In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information.	1 for partial, 2 for fully	2	Partially	1	N/A	Not very clear.
5. Appeals	44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES	2	Law on Administrative Procedure 68 (6). The decision according to the administrative claim made by the administrative authority which adopted the appealed administrative act can be appealed in higher administrative authority or court. Administrative Procedure Code, 110. Terms on submission of the administrative claim (1) The claim is filed a lawsuit within three months from the date of entry into force of the administrative determination according to the administrative claim considered according to the legislation on ministerial procedures. (2) The claim is filed a lawsuit against the administrative act which cancellation can entail withdrawal of property within three months from the date of entry into force of the administrative act. (3) In case of impossibility of appeal of action (failure to act) of administrative authority in pre-judicial procedure the claim against action is filed a lawsuit within three months from the date of when the claimant learned about its making, and against failure to act of administrative authority - within three months after thirty working days from the date of the appeal of the claimant to the relevant administrative authority. (4) The claim for check of legality of subordinate regulatory legal act is filed a lawsuit within three months from the date of when the claimant knew of violation of its rights, freedoms and legitimate interests. (5) Person, whose right and (or) interests are infringed by the administrative act, but was not attracted in ministerial procedure as the interested person, the claim within one month from the date of can file a lawsuit when it learned or could learn about the administrative act, but no later than one year from the date of its entry into force. (6) The current of term on submission of the claim is interrupted by presentation of the claim in the procedure established by this Code. After break the current of term on submission of the claim begins again. Time which expired to break is not set off in new time. (7) If the claim is left by court without consideration, then the current of term which began before presentation of the claim on submission of the claim proceeds in general procedure. Time from the moment of presentation of the claim and to the introduction in legal force of determination of court about leaving of the claim without consideration is not set off limitation period on submission of the claim in time. (8) To persons which passed term on submission of the claim for the reasons recognized by court valid the passed term it can be recovered if other is not established by the law. Law on the Prosecutor's Office.	The prosecutor can play a role in bringing cases involving deprivations of rights to court, so the individual does not need to cover the legal costs of this.
5. Appeals	45	Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.	1 for free, 1 for no lawyer required.	2	YES	2	Law on Ombudsman, 10(11). No state duty shall be imposed upon petitions or complaints. (12) Services by the Ombudsman (Akyikatchy) shall be delivered to parties concerned free of charge.	Explicitly free and implicit that you do not require a lawyer.
5. Appeals	46	The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).	Score 1 point for appealing refusals, additional points for appealing other violations.	4	Partially	3	Law on Ombudsman, 10(1). The Ombudsman (Akyikatchy) shall consider petitions and grievances of citizens of the Kyrgyz Republic, foreign citizens in the territory of the Kyrgyz Republic as well as stateless persons or their representatives, NGOs, concerning actions taken by bodies of the state, local self-government, public and non public bodies, institutions, enterprises and their officials, or their acts in violation of rights and freedoms established by the legislation of the Kyrgyz Republic, international agreements and treaties, ratified by the Kyrgyz Republic. Citizenship, race and nationality, religion or political beliefs, location, gender, age or lack of powers of a person, internment or isolation, or any other special arrangement of subordination or dependence from the administration or state power may serve as an obstacle. The Ombudsman (Akyikatchy) shall perform duties on the basis of information on violation of human and civil rights and freedoms collected from statements by deputies of the Jogorku Kenesh of the Kyrgyz Republic or through own initiative.	Seems to be quite broad but not as explicit as it could be.
5. Appeals	47	Clear procedures, including timelines, are in place for dealing with external appeals.	Score 1 point for clear procedures, 1 point for timelines.	2	Partially	1	Law on Ombudsman, 10(9). Petitions shall be submitted to the Ombudsman (Akyikatchy) in writing within one year after discovery of a breach of human and civil rights and freedoms. Under exceptional circumstances this deadline may be prolonged by the Ombudsman (Akyikatchy) for not more that two years. (10) Any grievance must be signed by a party concerned, indicating the name, last name and address of a person and must have a format of a reasonable letter, using ordinary paper and must be submitted within a period of time, indicated in the previous paragraph of this article. (16) The Ombudsman (Akyikatchy) shall inform the state body, official or a legal entity, the action or act of which has been subject to a complaint, on such a decision to allow them to submit a written report within 15 days. This deadline may be extended if the Ombudsman (Akyikatchy) believes there are circumstances that make it reasonable.	Some procedures but timelines for decision not very precise.
5. Appeals	48	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
5. Appeals	49	The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management)	1 for partial, 2 for fully.	2	NO	0	N/A	Not mentioned
6. Sanctions & Protections	50	Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.	Score 1 point for sanctions for underming right, 1 point for destruction of documents	2	Partially	1	5(5). Officials of government and local self-government bodies bear the responsibility established by the legislation of the Kyrgyz Republic for disclosure of confidential information if it became known to them in connection with exercise of powers established by law. 36. Officials guilty of violation of the right access to information on the activities of state bodies and bodies of local self-government or its improper execution, bear disciplinary, administrative, civil and criminal liability according to the legislation of the Kyrgyz Republic. Law on Ombudsman, 13(2). In case of any obstacles to an investigation conducted by the Ombudsman (Akyikatchy) on the part of an official of a body of the state, or in case of a refusal or neglect to present a report required by the Ombudsman (Akyikatchy), as well as any acts or administrative documents required for purposes of the investigation, the Ombudsman (Akyikatchy) shall appeal to the Prosecutor General to take appropriate measures. Law on Guarantees, 11(2). Persons that infringed the right for information shall be liable in accordance with the law.	General disciplinary, administrative, civil and criminal liability for violating RTI but no specific rules. Number of provisions on liability for disclosing secret information in different laws. Specific rule about failing to cooperate with Ombudsman.
6. Sanctions & Protections	51	There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).	Score 1 point for either remedial action or sanctions, 2 points for both	2	NO	0	N/A	Not mentioned.
6. Sanctions & Protections	52	The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.	Score 1 for oversight body, 1 for immunity for others	2	NO	0	N/A	Rather, plenty of provisions on liability for disclosing secrets
6. Sanctions & Protections	53	There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).	Score 2 for strong protections, 1 for moderate protections	2	Partially	1	Law on protection of persons reporting on corruption	Limited protection for reporting on corruption only.
7. Promotional Measures	54	Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations.	Score Y/N, Y=2 points	2	YES	2	30. Organizational measures to facilitate access to information (1) To organize access to information in the structure of the state body and local self-government body, a specialized service is created, vested with the appropriate functions and powers in the established manner, or the fulfillment of these functions and powers is entrusted to other service or unit existing in the structure of the state body and local self-government body, or to a specific official. (2) Functions of providing information to persons enquiring should be defined in regulations on corresponding state body and local state body. (3) Rights, duties, and responsibilities of special services, subdivisions, and officials fulfilling these functions shall be established by provisions on these services and subdivisions and job descriptions which shall be approved in accordance with established procedure. (4) At discretion of state body or local self-government body for realization the functions on providing access to information on contractual stipulation, the body may recruit organizations fulfilling the provision of information services. Details of these organizations (name of organization, post address, telephone and fax number, e-mail address, network address, and – properties of organization) should be made public. (5) Rules on fulfilling requests for information shall be established by state body and local self-government in accordance with this Law. (6) Rules, indicated in paragraph 5 of this article should contain name and working schedule of corresponding organizations, services, subdivisions or officials obliged to provide access to information; category of information subject to providing, types of services related with its providing (including procedure of access to automatized information system), procedure or payment of these services and other conditions of access. 33(1). State bodies and local self-government bodies shall: - establish structural units and appoint responsible persons responsible for the immediate provision of information to the public; - ensure the possibility of receiving brief free of charge responses regarding procedure for implementing provisions of this Law by phone, including regarding clarification of the subject of requests, working hours of state bodies and local self-government bodies, and procedure for familiarizing themselves with official information collections. Decree 240, 1. Ministries, state committees, administrative departments, local state administrations, local governments and other state bodies: - to form structural units with functions to provide information to the public, or assign the fulfillment of these functions to other services or units existing in the structure, and appoint responsible persons for the exercise of these powers;
7. Promotional Measures	55	A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information.	Score Y/N, Y=2 points	2	NO	0	N/A	Not mentioned. Ombudsman has general promotional roles for all human rights but this is too general to warrant points here.
7. Promotional Measures	56	Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law.	Score Y/N, Y=2 points	2	YES	2	34(1). State bodies and local self-government bodies carry out, with the help of the mass media, outreach activities for population on procedure for implementing opportunities for accessing information provided for by this Law. Decree 240, 1. Ministries, state committees, administrative departments, local state administrations, local governments and other state bodies: - to form structural units with functions to provide information to the public, or assign the fulfillment of these functions to other services or units existing in the structure, and appoint responsible persons for the exercise of these powers;	Each public body needs to raise awareness.
7. Promotional Measures	57	A system is in place whereby minimum standards regarding the management of records are set and applied.	Score Y/N, Y=2 points	2	Partially	1	23(5). For providing access to the documents and materials the relevant state body and local self-government body shall keep a filing folder for familiarization of society, and other folder with master copies of the documents and materials. Documents and materials in the folders shall be placed in a chronological order. Inventory of the documents and materials composing the filing for familiarization shall be made at least once a month. For the convenience of easy search of documents, the inventory shall be placed into the filings. Data of the inventories of the document filings and materials may be united into catalogues.	Very basic system to facilitate access.
7. Promotional Measures	58	Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public.	Score Y/N, Y=2 points	2	NO	0	23(5). For providing access to the documents and materials the relevant state body and local self-government body shall keep a filing folder for familiarization of society, and other folder with master copies of the documents and materials. Documents and materials in the folders shall be placed in a chronological order. Inventory of the documents and materials composing the filing for familiarization shall be made at least once a month. For the convenience of easy search of documents, the inventory shall be placed into the filings. Data of the inventories of the document filings and materials may be united into catalogues. 25(5). The Government, together with the Jogorku Kenesh of the Kyrgyz Republic, ensures establishing and maintenance of a centralized system of official information, including a complete list and texts of all regulatory legal acts in force on the territory of the Kyrgyz Republic. Access to the centralized system of official information is possible through the website of the Government of the Kyrgyz Republic in accordance with the requirements established by this article.	No list but some management system for facilitating access. Do need a list of legal acts.
7. Promotional Measures	59	Training programs for officials are required to be put in place.	Score Y/N, Y=2 points	2	NO	0	N/A	Not mentioned.
7. Promotional Measures	60	Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with.	Score Y/N, Y=2 points	2	YES	2	34(2). The media annually publishes reports prepared by corresponding state bodies and local self-government bodies on implementation of this Law. Decree 240, 1. Ministries, state committees, administrative departments, local state administrations, local governments and other state bodies: - to form structural units with functions to provide information to the public, or assign the fulfillment of these functions to other services or units existing in the structure, and appoint responsible persons for the exercise of these powers;	Public bodies must publish reports annually in the media on implementation
7. Promotional Measures	61	A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law.	Score Y/N, Y=2 points	2	Partially	1	Law on Ombudsman, 11. Reports by the Ombudsman (Akyikatchy) 1. Before April the 1st of each year the Ombudsman (Akyikatchy) shall present an annual report to the Legislative Assembly and Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic covering the period, of time from January 1 through December 31 of the previous year, concerning the situation of human and civil rights and freedoms in the Kyrgyz Republic, bodies of the state power, local self - government, institutions, enterprises and organizations regardless of their ownership and their officials that have violated human and civil rights and freedoms through their actions (lack of action), as well as draw backs of the legislation on protection of rights and freedoms of a human being and a citizen. 2. In the annual report, the Ombudsman (Akyikatchy) shall indicate the number and the nature of grievances received, including those rejected complaints (indicating reasons for rejection) as well as complaints that have been dealt with. The report shall contain a description of consideration of individual cases that the Ombudsman (Akyikatchy) may consider to be of common interest and lists those cases which allowed to identify draw backs in the system of legislation, in the administrative regulations or the administrative practices. The Ombudsman (Akyikatchy) may also prepare special reports concerning such cases. 3. In the annual report the Ombudsman (Akyikatchy) shall name the bodies of the state power and local self -government, officials and legal entities that have violated human and civil rights and freedoms, and have not followed recommendations of the Ombudsman (Akyikatchy) for the rehabilitation of such rights. 4. Annual report by the Ombudsman (Akyikatchy) must contain general evaluations, conclusions and recommendations for the protection of human rights and freedoms in the country. 5. If the Ombudsman (Akyikatchy) considers a grievance unreasonable the report shall not include the name of a person who has submitted a complaint or the official against who the complaint has been lodged. If the Ombudsman (Akyikatchy) considers necessary, he/she may not include names from other cases either. This report may not contain any state, commercial or industrial confidential information. The Ombudsman (Akyikatchy) shall also make sure that information that must be kept confidential is not included into the report. 6. Report by the Ombudsman (Akyikatchy) shall be accompanied with an attachment that contains the budget execution statement for a reported period. 7. The Ombudsman (Akyikatchy) shall present the information personally at the sessions of chambers of the Jogorku Kenesh of the Kyrgyz Republic, while factions of deputies may speak to establish their own opinion of the report. 8. If necessary the Ombudsman (Akyikatchy) may present a special report to the Legislative Assembly and Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic concerning special issues of the situation with the human and civil rights and freedoms in the Kyrgyz Republic. 9. The Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic shall draw up a resolution concerning the annual report or special report by the Ombudsman (Akyikatchy) that must be approved by the Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic through ordinary majority vote.	Ombudsman has to prepare a general report on all activities but no special report or even chapter on RTI is mentioned.

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Kyrgyzstan

Introduction

1. Right of Access

1. Right of Access

1. Right of Access

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures