Kyrgyzstan

Name of law: Law of the Kyrgyz Republic No. 217 of 29 December 2023 on the right of access to information
First adopted: 2024
Last modified: n/a
RTI Rating last updated: n/a

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Introduction

Kyrgyzstan’s current law is of medium strength in a region where the right to access information is generally undeveloped. The law represents an improvement over its 2007 predecessor, but there are still several areas for improvement. 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 the right to information or a specific role in promoting this right. Other problems include insufficient clarify on the law’s scope and some overbroad exceptions.

Note that the English translation of the law is a machine translation. The Rating also includes references to the Law on the Ombudsman (https://www.rti-rating.org/wp-content/uploads/2020/05/Law_On_Ombudsman_2002-Kyrgyzstan.pdf)

id	Section	Points	Max score
1	Right of Access	6	6
2	Scope	21	30
3	Requesting Procedures	23	30
4	Exceptions & Refusal	18	30
5	Appeals	22	30
6	Sanctions & Protections	2	8
7	Promotional Measures	11	16
		∑ = 103	∑ = 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	2.2. Everyone shall have the right of access to the information held by the information holders in the manner prescribed by this Law. 4.1. The State shall guarantee the right of everyone to seek, receive, store, use and disseminate information in the possession of the information holder, in accordance with the provisions of this Law. 6.1 Ways to ensure the right of access to information shall be: (1) provision of information upon request
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	YES	2	1. The objectives of this Law are to ensure the implementation and protection of the right of everyone to access the information under the jurisdiction of the information holders determined by this Law, and to achieve maximum information openness, publicity, transparency in their activities. 2.4. In the application of this Law, its provisions shall be interpreted in a way that allows for the fullest realization of its goals and the goals of exercising the right of access to information set forth in Article 1 and Part 2 of Article 5 of this Law. 5.2. The purposes of exercising the right of access to information shall be: (1) strengthening freedom of speech and opinion; (2) creation of conditions for quick and equal access of everyone to the information under the control of the information holders; (3) strengthening public confidence in public sector entities; (4) assistance in the detection and suppression of corruption, other types of crimes and offenses, as well as facts of unfair public administration; (5) increasing the accountability of information holders; (6) exercise of public control over the fulfillment of public and legal obligations by public sector entities.	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	YES	2	2.2. Everyone shall have the right of access to the information held by the information holders in the manner prescribed by this Law. 16.1. A written (electronic) request shall contain the following information:...(3) for legal entities (their branches and representative offices) - the name of the legal entity (branch, representative office), contact details (depending on the preferred form of receiving a response specified by the applicant);	Legal entities are included. It refers to "everyone" but it would be better if it were explicit that foreigners were included.
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	2.2. Everyone shall have the right of access to the information held by the information holders in the manner prescribed by this Law. 2.5 This Law shall not apply to: (1) relations related to proposals, applications and complaints of individuals and legal entities to state or local self-government bodies, with the exception of complaints filed in connection with violations of this Law; (2) relations arising in connection with the application of individuals and legal entities, the procedure for consideration of which is established by procedural legislation; 21.1 Provision of information upon request is subject to refusal if: (4) the requested information is not or should not be in the possession of the information holder.	There is a problematic carve-out for information which "should not be in the possession of the information holder". 2.5(1) and (2) exclude some additional information but the exact scope of this is not very clear.
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	YES	2	3.The following basic concepts are used in this Law: (1) document - information recorded in written, audiovisual, acoustic, electronic, optical or any other form suitable for direct perception, with requisites established for this form of document; (2) information - information (messages, data) about persons, objects, facts, events, phenomena and processes recorded by any means and on any media, regardless of the form or source of information, which are under the jurisdiction of the owners of information determined by this Law...(5) the right of access to information – the right of everyone to freely seek and receive information in any form and from any sources in compliance with the requirements of this Law and other regulatory legal acts;	The right is to receive information, but documents are defined as kind of information so both are covered. It could, however, be clearer that the right applies to 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	6	3.The following basic concepts are used in this Law:...(9) public sector - state bodies, local self-government bodies, state and municipal institutions and enterprises operating on the principles of operational management, economic management and/or self-financing, as well as other legal entities with state or municipal participation. 11.1. For the purposes of this Law, public sector entities ... shall be recognized as information holders.	3 Seems fairly comprehensive, but it is a bit unclear what "legal entities with state or municipal participation" means and if this covers all bodies which are owned and controlled by public 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	Partially	2	3.The following basic concepts are used in this Law:...(9) public sector - state bodies…	It is unclear whether "state bodies" includes the parliament, but some benefit of the doubt given.
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	Partially	3	26.1. The texts of judicial acts adopted in the prescribed form on the merits of the case and announced publicly shall be open to the public and shall be made public taking into account the norms provided for in parts 2, 3, 5 and 6 of this article. The texts of decisions and conclusions of the Constitutional Court of the Kyrgyz Republic shall be made public in full. 26.2. In the texts of judicial acts open to the public, as well as in the copies of judicial acts submitted upon request, information allowing to identify a person (natural or legal person) may not be disclosed. Such information shall be replaced by initials, letters, or numbers.	The law does not explicitly state that courts are considered state bodies and the scope of coverage is a bit unclear, but other provisions in the law specific to courts seem to suggest they are covered to some extent.
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	YES	2	3.The following basic concepts are used in this Law:...(9) public sector - state bodies, local self-government bodies, state and municipal institutions and enterprises operating on the principles of operational management, economic management and/or self-financing, as well as other legal entities with state or municipal participation.
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	Partially	1	3.The following basic concepts are used in this Law:...(9) public sector - state bodies, local self-government bodies, state and municipal institutions and enterprises operating on the principles of operational management, economic management and/or self-financing, as well as other legal entities with state or municipal participation.	It is not clear that every body which is created by law is covered although this language clearly covers some such bodies.
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	Partially	1	11.2. Subjects of the non-governmental sector: (1) legal entities occupying a dominant position in the market of goods and services, possessing a special or exclusive right or a natural monopoly in terms of providing access to information relating to the conditions of supply of goods and services, prices for them, changes in conditions and prices; (2) legal entities that do not have a state or municipal share of participation in the part of information related to the use of funds allocated from the state budget for the performance of socially useful duties.	Legal entities which are monopolies are covered in relation to some of the information they hold. Then, entities which perform "socially useful" duties with public funding are covered, in relation to the use of those funds. Together these would covers at least bodies undertaking public functions or operating with State funding but not all such bodies.
3. Requesting Procedures	13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	YES	2	16.2 The applicant may provide any other information that he believes may assist in the processing of his request, but is not obliged to state the reasons for his request.
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	Partially	1	16.1 A written (electronic) request shall contain the following information: 1) the name of the body and (or) the surname, initials of the official of the information holder to whom the request is directed; 2) for individuals - surname, first name, patronymic, contact details (depending on the preferred form of receiving a response specified by the applicant); 3) for legal entities (their branches and representative offices) - the name of the legal entity (branch, representative office), contact details (depending on the preferred form of receiving a response specified by the applicant); (4) A description of the information requested, enabling the holder of the information to determine what kind of information should be provided and whether he or she is in possession of the information requested.	Name and contact details required.
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	16.3. Information holders are obliged to develop a standard form of written (electronic) request and provide access to them in their premises, as well as online - on the relevant website or application. 16.4.The applicant has the right, at his discretion, to use the approved form of the standard form, or to submit a request in a free form, taking into account the requirements provided for in part 1 of this article. 38.2. The function of providing information to persons requesting information shall be defined in the regulations on the relevant public sector entity. 38.5. The rules for the execution of requests for information shall be established by public sector entities in accordance with this Law. 38.6. The rules specified in part 5 of this article shall contain the name and mode of operation of the relevant organizations, services, subdivisions or information about officials who are responsible for ensuring access to information; categories of information provided, types of services related to its provision (including the procedure for access to automated information systems), the procedure for payment for services and other conditions of access.	No requirement to use an official form but it is not as clear as it could be that requests may be either written or electronic. 15.2 refers to "written or electronic" requests, but elsewhere the law refers to "written (electronic)" requests.
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	21.1 Provision of information upon request is subject to refusal if:...(2) the request does not meet the requirements provided for in Part 1 of Article 16 of this Law, provided that the person responsible for providing the response has offered assistance to the applicant in eliminating such deficiencies;	They can only deny a request for not meeting requirements if they have offered assistance. However, it would be better if there were also an explicit duty to assist with the initial formulation of requests.
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	YES	2	14.1. Requests for information shall be sent to information holders in the form of: (1) verbal direct request, by phone or via the Internet (hereinafter referred to as an oral request); 14.2 The response to the request shall be satisfied in the form in which the request was sent, unless another preferred form of response is expressly provided for in the request itself, except in cases where it may damage the integrity and safety of the data carrier. 15.1. Information is provided orally at the request of the applicant. 15.2. In the event that the oral response to the oral inquiry does not satisfy the applicant, the procedure for sending written or electronic requests, as well as other means of obtaining information in accordance with the provisions of this Law shall be explained to him/her.	There is a provision for making oral requests, which is positive. However, the format of a response to such a response is unclear. 14.2 suggests that the format will be as stipulated in the request but 15.1 casts some doubt on this.
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	17.1. The owner of the information shall provide the applicant with the number and date of registration of the received request at the request of the applicant.	Yes, but no deadline provided. In addition, "at the request of the applicant" suggests that the applicant must request a receipt.
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	17.2...In the event that the request is redirected to another holder of information, the countdown of the period begins from the date of receipt of the request by this holder of information. 19.1. If the requested information is in the possession of another information holder, then within three working days from the date of receipt of the applicant's request, the information holder to whom the request was originally received shall redirect it to the relevant information holder and notify the applicant thereof, and a note shall be made in the registration log.
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	YES	2	14.2. The response to the request shall be satisfied in the form in which the request was sent, unless another preferred form of response is expressly provided for in the request itself, except in cases where it may damage the integrity and safety of the data carrier. 14.3. In the event that the information held by the information holder exists in two or more languages, the information shall be provided in the language in which the applicant requests the information. 15.1. Information is provided orally at the request of the applicant.
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	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	17.2. A response to a written (electronic) request shall be provided within 10 business days. The period is calculated from the date of receipt of the request and ends on the day of sending the response (delivery to the post office, delivery in person to the applicant, his courier or representative, or sending in electronic form).	10 business days is the deadline for written requests.
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	17.2...In the event that the preparation of a response to the request within the established period is not possible or is extremely difficult due to a large amount of information or coordination with third parties, the owner of the information has the right to extend the period for responding to the request up to 10 working days additionally by sending a corresponding written (electronic) notice to the applicant before the expiration of the initial period, indicating the reason for the delay.
3. Requesting Procedures	24	It is free to file requests.	Score: No=0, Yes=2 points	2	Partially	1	Not mentioned.	Not mentioned, but some benefit of the doubt given.
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	YES	2	20.1. Preparation of responses to inquiries shall be carried out by information holders free of charge, except for the cases established by part 2 of this Article. 20.2. Requests for information that require the copying of documents and materials or parts thereof in excess of fifteen pages may be charged a fee not exceeding the cost of copying services. When providing information by public sector entities, the Cabinet of Ministers of the Kyrgyz Republic shall establish a unified register, standards and price list for the cost of copying services and the terms of their payment, including the conditions for exemption from payment for socially vulnerable categories of the population.
3. Requesting Procedures	26	There are fee waivers for impecunious requesters.	-	2	YES	2	20...When providing information by public sector entities, the Cabinet of Ministers of the Kyrgyz Republic shall establish a unified register, standards and price list for the cost of copying services and the terms of their payment, including the conditions for exemption from payment for socially vulnerable categories of the population.
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	7.1. Information shall be publicly available if access to it is not restricted in accordance with this Law. 7.2. Publicly available information may be used by persons at their discretion, subject to the observance of exclusive rights to intellectual property, as well as restrictions established by this Law and other laws on the distribution, provision, use, and other processing of information. 7.3. The owner of publicly available information shall have the right to demand to be indicated as the source of such information when it is disseminated by other subjects. 8.5(1) confidential information - information, access to which is restricted to an individual or legal entity, except for public sector entities, and which can be disseminated in the manner determined by them at their request in accordance with the conditions provided for by them;	Subject to restrictions in other laws, which is a bit unclear. There is also an unclear category of "confidential information" for which an individual and legal entity is responsible for determining the conditions of dissemination.
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	Partially	1	2.3. The norms of legislation contained in other laws and other regulatory legal acts and related to the scope of this Law shall comply with this Law. In the event of a conflict between this Law and other laws, the provisions of this Law shall apply. The provisions of Part 2 of this Article shall not prevent other laws from imposing restrictions on access to information in accordance with the requirements of this Law. 2.5. This Law shall not apply to:...(3) relations related to the provision of information, access to which is restricted in accordance with the laws in the field of protection of state secrets, protection of personal data of the Kyrgyz Republic, as well as relations related to the provision of information, access to which is restricted in accordance with part 3 of Article 8 of this Law. 8.3. Restriction of the right of access shall be established in relation to the following information: (1) State secrets defined by the Law on the Protection of State Secrets; (2) of a personal nature, as defined by the law on personal information; (3) on operational-search, foreign intelligence and counter-intelligence activities, on criminal proceedings in cases established by law in the field of operational-search activities, criminal procedural activities; (4) containing secrets protected by law (commercial, banking, notary, medical, lawyer's, etc.); (5) on individual data used in the development, production and dissemination of official statistics, as defined by the legislation on official statistics. 8.4. The list of information related to confidential information shall be determined in accordance with the legislation on electronic governance.	2.3 provides that this law has priority over conflicting legislation, but 2.5(3) and 8.3 and 8.4 uphold several other laws.
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	8.1. The right of access to information may be restricted only by law and only to the extent necessary for the purpose of protecting national security, public order, protecting public health and morals, protecting the rights and freedoms of other persons. 8.2. Restriction of the right of access to information shall be established in accordance with the law, subject to the following conditions: (1) exclusively for the purposes specified in Part 1 of this Article, as well as to prevent the disclosure of information received confidentially...8.5. Information, access to which is restricted in accordance with part 2 of this Article, shall be information of limited access, which includes: (1) confidential information - information, access to which is restricted to an individual or legal entity, except for public sector entities, and which can be disseminated in the manner determined by them at their request in accordance with the conditions provided for by them; (2) secret information - information, access to which is restricted in accordance with Part 2 of this Article, the disclosure of which may cause harm to a person, society and the state, containing state secrets, professional, bank secrecy, investigation secrecy or other secret provided for by law; (3) official information - information that is contained in the documents of public sector entities representing intradepartmental official correspondence, as well as collected in the process of operational-search, counterintelligence activities in the field of defense of the country, which is not classified as state secrets. 26.5. Texts of judicial acts adopted in cases heard in closed court sessions shall not be made public, with the exception of requisites, introductory and operative parts of judicial acts. 26.6. The texts of judicial acts adopted in cases heard in partially closed court sessions shall not make public the information that served as grounds for a closed court session.	Overbroad restrictions on morals, rights and freedoms of other persons (8.1) and intradepartmental offical correspondence (8.5(3)). The wording for the kinds of information which can be disclosed from closed and partially closed judicial sessions (26.5 and 26.6) is overbroad.
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	YES	4	8.2. Restriction of the right of access to information shall be established in accordance with the law, subject to the following conditions:...(2) disclosure of information may cause significant harm to these purposes. 8.5 (2) secret information - information, access to which is restricted in accordance with Part 2 of this Article, the disclosure of which may cause harm to a person, society and the state, containing state secrets, professional, bank secrecy, investigation secrecy or other secret provided for by law;	There is a general harm test. There is also the concept of harm incorporated into the definition of "secret information", but the way that is defined, the harm has to be in relation to "a person, society and the state" which is a bit vague instead of referring to the specific harms relevant to the exceptions.
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	3	9. Access to the following information is not restricted: (1) accidents, catastrophes, dangerous natural phenomena and other emergency situations of natural and man-made character, which have occurred or may occur and threaten the health and safety of the population, and their consequences; (2) on the state of health care, sanitation, demography, migration, education, culture, social protection, economy, agriculture and crime; (3) on the facts of committing acts of terrorism and extremism; (4) on air pollution, state of ecology, fire safety, as well as on sanitary-epidemiological and radiation situation, safety of food products and household items; (5) privileges, compensations and benefits granted by the state to individuals and legal entities; (6) facts of violation of human and civil rights and freedoms; (7) on the size of the gold and foreign exchange reserves of the National Bank of the Kyrgyz Republic, export/import of gold; (8) on the formation and expenditure of funds from the republican and local budgets, with the exception of information containing state secrets; the current state of public debt; expenses for the maintenance of state and local self-government bodies and officials; persons providing financial and other assistance to state bodies, local self-government bodies with the consent of these persons; expenditures from contingency funds; (9) on possession, use or disposal of state, community property, conditions for obtaining property, names of legal entities that have received this property, including copies of relevant documents; (10) violations of the law by public sector entities and their officials; (11) mass repressions for political, social and other reasons, including information in archives, with the exception of information access to which is restricted in accordance with laws in the field of protection of state secrets of the Kyrgyz Republic; (12) on the declaration of incomes, expenditures and property of persons holding political, special, higher administrative civil service positions, political and higher administrative community positions, as well as their close relatives, with the exception of persons holding administrative public positions, whose activities are related to ensuring national security; (13) on master plans of inhabited localities.	There is not a general public interest override provision, but 9 lists several different categories of information of public interest access to which is not restricted.
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	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	8.7. Holders of information who possess confidential information may disseminate it only with the consent of persons who have restricted the right of access to information. 9. Access to the following information is not restricted:(8) on the formation and expenditure of funds from the republican and local budgets, with the exception of information containing state secrets; the current state of public debt; expenses for the maintenance of state and local self-government bodies and officials; persons providing financial and other assistance to state bodies, local self-government bodies with the consent of these persons; expenditures from contingency funds;	Some provisions require consent for dissemination of or access to information but no clear system for 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	8.6. If the document contains information with limited access, only the part of the information to which access is not restricted is provided for review.
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	18.3 The response to the request includes: (4) the grounds, terms and procedure for appealing the response to the inquiry, indicating the name and contact details of the bodies authorized to consider complaints about violations of the provisions of this Law. 21.2. Refusal to provide information shall contain the following information: 1) a brief description of the requested information, specific references to the provisions of the legislation on the basis of which access to the information was denied, the surname, initials and position of the person responsible for providing the response; 2) the grounds, terms and procedure for appealing the response to the inquiry, indicating the name and contact details of the bodies authorized to consider complaints about violation of the provisions of this Law.
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	46.1. A complaint of an information user against a decision, action (inaction) of the information holder shall be submitted to a higher authority or official in writing by mail, fax, courier or electronic communication channels within 30 calendar days from the day when he became aware of the commission of the appealed action (inaction) by the information holder or the delivery of the appealed decision to him. A complaint may be filed by a representative of the information user on the basis of a duly executed power of attorney, a copy of which must be attached to the complaint when it is submitted. 2. The complaint shall indicate: 1) the name of the superior body and (or) the surname, initials of the official to whom the complaint is directed; 2) surname, first name, patronymic or name of the information user, last name, first name, patronymic of the representative (if any); 3) contact details of the information user and (or) his/her representative, depending on the preferred form of receiving a response to the submitted complaint; 4) a description of the circumstances that are the basis for filing a complaint by the user of information; 5) the request of the person filing the complaint; 6) the date of filing the complaint; 7) the signature of the person filing the complaint. 3. The information user and/or his/her representative may provide any additional information, including copies of documents confirming the circumstances set forth in the complaint. 47.1. The complaint of the information user shall be considered no later than 15 working days following the day of receipt of the complaint. The period for consideration of the complaint is calculated from the day following the day of receipt of the complaint by the superior body or official to whom the complaint is sent, and expires on the day the decision is sent to the user of information using the contact details specified in the complaint. 47.2. The information user has the right to apply in writing at any time before the decision on the complaint is made with a request to return the application, in which case the complaint is left without consideration. 47.3. The owner of the information shall have the right to adopt an internal procedure for the consideration of complaints that does not contradict the provisions of this Law. The holder of the information is obliged to make this procedure public and to make its contents available on its premises, as well as online on the relevant website, or at the written request of any person.	They have to identify the name of the "superior body" or name of the official, which is not ideal, although responses to requests are supposed to indicate options for appeal. Not explicitly free of charge although we presume that it would be.
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	44. Refusal to provide information, as well as other actions (inaction) and decisions of the information holder that violate the requirements of this Law, may be appealed at the discretion of the information user to a higher body or official, Akyikatchy (Ombudsman) of the Kyrgyz Republic, taking into account the features provided for in Chapter 10 of this Law, or to the court in the manner established by the Administrative Procedure Code of the Kyrgyz Republic.	Right to appeal to an independent administrative body but not a dedicated such body which would be preferable for a country like Kyrgyzstan.
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	Partially	1	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.	Prohibitions but no requirements of expertise.
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	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. It is also not clear what procedures would need to be complied with for the Ombudsman to get classified information.
5. Appeals	42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	NO	0	Not mentioned.	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	Not mentioned.	Not very clear.
5. Appeals	44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES	2	44. Refusal to provide information, as well as other actions (inaction) and decisions of the information holder that violate the requirements of this Law, may be appealed at the discretion of the information user to a higher body or official, Akyikatchy (Ombudsman) of the Kyrgyz Republic, taking into account the features provided for in Chapter 10 of this Law, or to the court in the manner established by the Administrative Procedure Code of the Kyrgyz Republic. 48.3. The user of information who does not agree with the decision on his complaint shall have the right to appeal this decision in court in the manner established by the Administrative Procedure Code of the Kyrgyz Republic.
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	YES	4	44. Refusal to provide information, as well as other actions (inaction) and decisions of the information holder that violate the requirements of this Law, may be appealed at the discretion of the information user to a higher body or official, Akyikatchy (Ombudsman) of the Kyrgyz Republic, taking into account the features provided for in Chapter 10 of this Law, or to the court in the manner established by the Administrative Procedure Code of the Kyrgyz Republic.	Covers not only refusals to provide information but also other actions, inaction and decisions.
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	YES	2	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	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	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	43. Persons guilty of violation of the obligation to provide information or other requirements of this Law shall be held liable in accordance with the legislation in the field of state civil and municipal service and the legislation on offenses. 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	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	Not mentioned.
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	9. Access to the following information is not restricted:…(10) violations of the law by public sector entities and their officials; See also Law on protection of persons reporting on corruption.	9(10) deems disclosures of violations by public sector entities and their officials to be non-restricted, but this falls short of a strong immunity provision. In addition, there is 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	18.1. Each request for information shall be registered by the information holder on the day of receipt, indicating the date of its receipt, the applicant's contact details with a brief statement of the subject of the request, and shall be handed over to the person responsible for ensuring access to information. 38.1. The organization of access to information in the structure of a public sector entity shall be entrusted to a service or subdivision existing in the structure of a public sector entity, or to a specific official.
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	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	42. Each public sector entity shall carry out explanatory work among the population about the rights of citizens under this Law and the ways of their implementation, including through the media and in cooperation with civil society.
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	YES	2	12 The owner of the information is obliged to:...(3) systematically keep records of the documents under their jurisdiction; 4) keep records of requests for information. 32.5. In order to provide access to documents and materials in the relevant public sector entity, binders for familiarization, as well as binders with control copies of documents and materials shall be formed. Documents and materials in the file are arranged in chronological order. At least once a month, an inventory of the documents and materials that make up the binders for review is made. For the convenience of searching for the necessary documents, the inventory is placed in binders. Data from inventories of document and material binders can be combined into catalogs. 6. Public sector entities shall be obliged to take measures to ensure the safety of documents and materials that make up binders and to establish appropriate requirements for access to them. 7. For working with binders, special places are equipped with conditions that allow you to make extracts from documents and materials, as well as make copies from them. The conditions and procedure for the provision of documents and materials for copying shall be established by the relevant public sector entities. 40.1. Public sector entities shall be obliged to: 1) keep official documents containing information to be provided in accordance with this Law, acts adopted by them, as well as acts of public sector entities, the legal successors of which they are, for a specified period; 2) ensure the reliability and completeness of the information provided, compliance with the established terms and conditions of its provision. 41.1. Holders of information are obliged to:3) ensure the maintenance and storage of information and information carriers in accordance with the requirements of the legislation in the field of archiving, protection of information of a personal nature, and in the absence of such requirements - in accordance with the conditions allowing to ensure the safety and integrity of information and information carriers.	Would be preferable to have a clear system with a central body setting and enforcing records management standards but this is sufficiently detailed to warrant two points.
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	YES	2	28. Public sector entities, with the exception of courts, are obliged to make public information in an accessible form:…(3) on the current activities of the public sector entity:...(e) lists of publicly available electronic information resources, as well as departmental databases (banks) of data, registers, registers, cadastres under their jurisdiction;..(10) on the system of documentation of all materials at the disposal of public sector entities; 40.3. Public sector entities shall maintain registers of official documents, which they shall be obliged to make available to the public. The register shall contain the name, date of adoption, number of each document issued and information on its promulgation. Entities maintaining a register may establish other mandatory requirements for this register.
7. Promotional Measures	59	Training programs for officials are required to be put in place.	Score Y/N, Y=2 points	2	YES	2	41.1 (2) ensure the passage of systematic training of persons whose work is related to providing access to information under the jurisdiction of the owner of information on the implementation of this Law;
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	NO	0	24.2. Public sector entities shall publish reports on their activities for the reporting period, reflecting the dynamics of changes that have occurred during the reporting period in the socio-political, economic and cultural spheres, namely the main statistical indicators in such areas as spending budget funds, sources and volume of tax revenues to the republican and local budgets, the volume of production and consumption in certain sectors of the market, the volume of domestic and foreign investments, fight against crime, health care, migration of the population, ecology, as well as in other areas of its activities.	There is a general reporting requirement but it does not explicitly refer to RTI disclosure obligations.
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