According to the explanatory note, the existing model charter, adopted in 2015, contains contradictions with the laws "On the Basics of Prevention of Offenses" and "On State Civil Service and Municipal Service." The main inconsistencies include:
- The charter allows the participation of heads of local self-government bodies (LSG) and employees of internal affairs bodies (IAB) in public prevention centers, which contradicts the prohibition on the participation of civil servants in the activities of public associations.
- The charter establishes a single organizational and legal form for the centers (public association), whereas the law allows LSG bodies to determine the form independently.
Model Regulation on the Center for Public Prevention
Appendix
1. General Provisions
1. The Center for Public Prevention (hereinafter - CPP) is a non-profit organization created by local self-government bodies (LSG) in the relevant territory with the aim of joint participation of citizens and LSG in organizing events for the prevention of offenses.
2. The full name of the non-profit organization:
- in the state language: "_________________" Коомдук алдын-алуу борбору"
- in the official language: ____________________ "Center for Public Prevention".
The abbreviated name of the non-profit organization:
- in the state language: "Center for Public Prevention"
- in the official language: "CPP".
3. The CPP carries out its activities in accordance with the Law of the Kyrgyz Republic "On the Prevention of Offenses in the Kyrgyz Republic," other regulatory legal acts of the Kyrgyz Republic in the field of prevention of offenses, as well as in accordance with international treaties to which the Kyrgyz Republic is a party and this Charter.
4. The activities of the CPP are based on the principles of legality, voluntariness, respect for individual rights, and interaction with state bodies, local self-government, and the population.
5. The CPP is an independent legal entity, possessing a seal and stamp indicating its name in the state and official languages.
6. The legal address of the non-profit organization:
_____________________________________________________________.
7. The legal address of the permanent body - the Council of the CPP
_____________________________________________________________.
2. Goals and Objectives of the CPP
8. The main goal of the CPP is to unite the efforts of LSG, the local community, and civil organizations to conduct activities aimed at preventing and detecting offenses, as well as eliminating factors that contribute to their commission.
9. The priority areas of the CPP's work include:
- general prevention (preventing offenses using social and legal factors);
- individual prevention (identifying individuals prone to offenses and changing their anti-social views);
- direct prevention (preventing unlawful behavior of a specific person);
- early prevention (preventing unlawful actions by children and adolescents).
10. The tasks of the CPP include:
- protecting the rights and legitimate interests of citizens from offenses by preventing them and eliminating the causes and conditions that contribute to these offenses;
- individual impact on individuals with offenses;
- taking measures to prevent offenses;
- organizing interaction with state and public associations on issues of prevention of offenses;
- popularizing legal knowledge;
- participating in events to prevent juvenile neglect;
- monitoring the state of offenses in the territory of the relevant city and rural area;
- participating in discussions of draft laws on the prevention of offenses and preparing proposals;
- developing recommendations for improving the system of prevention of offenses and activating the participation of the local community;
- addressing issues of public order protection and developing recommendations for state bodies.
11. The activities of the CPP are carried out in accordance with a plan of preventive measures, which is developed based on an analysis of the crime rate in the serviced territory.
3. Rights and Obligations of the CPP
12. To fulfill its tasks, the CPP has the right to:
- freely disseminate information about its activities;
- represent and defend its interests in government bodies and public associations;
- initiate issues related to the implementation of its goals and submit proposals to government bodies;
- request necessary documents and information from government bodies and public associations;
- invite representatives of local self-government bodies and public organizations to meetings;
- send its representatives to meetings and conferences on issues within its competence;
- cooperate with heads of organizations on issues of strengthening law and order;
- establish contractual relations with legal and physical persons to achieve its goals;
- create associations and unions in the territory of Kyrgyzstan, attract investments, and develop projects to obtain grants and other funds.
13. The CPP is obliged to:
- comply with the legislation of the Kyrgyz Republic and the norms of international law related to its activities;
- report annually on its work to the local community and government bodies;
- inform internal affairs bodies about facts of offenses and take measures in accordance with the law;
- provide necessary documents at the request of the bodies registering public associations;
- provide information about its work to local self-government bodies;
- timely submit information and reports to state bodies;
- inform the public about its activities through the media and the website of local self-government;
- take care of the reputation of the CPP and promote its ideas.
4. Rights and Obligations of CPP Members
14. Membership in the CPP is voluntary, either individually or collectively, based on an application.
15. Members of the CPP can be citizens of the Kyrgyz Republic who are at least 18 years old and actively participate in the life of the local community.
16. Members of the CPP are protected by the state, and their rights and dignity are safeguarded by law.
17. All members of the CPP have equal rights and obligations.
18. A member of the CPP has the right to:
- participate in meetings;
- elect and be elected to the governing bodies of the CPP;
- submit proposals on issues of the CPP's activities;
- receive information about CPP events;
- participate in events organized by the CPP.
19. A member of the CPP is obliged to:
- comply with the Charter of the CPP;
- participate in the activities of the CPP;
- execute the decisions of the governing bodies of the CPP;
- actively participate in meetings and events of the CPP.
20. Membership in the CPP may be terminated in the following cases:
- upon personal application;
- by decision of the governing bodies of the CPP;
- in the event of the death of a CPP member;
- due to health conditions that prevent the fulfillment of duties;
- in other cases provided for by the legislation of the Kyrgyz Republic.
21. Exclusion from the CPP may occur in the following cases:
- for violation of the Charter;
- for actions that discredit honor and dignity;
- for evading participation in the work of the CPP more than three times.
5. Governing Bodies and Issues Considered by the CPP
22. The highest body of the CPP is the general assembly.
23. The general assembly has a quorum if at least one-third of the members participate, and if there are more than 100 members - at least 25.
24. The exclusive competence of the general assembly includes:
- making amendments to the Charter;
- determining priority areas of activity and use of property;
- admitting and excluding members of the CPP;
- the procedure for forming governing bodies;
- approving annual reports and balances;
- participating in the activities of other organizations;
- reorganization and liquidation;
- other issues.
25. The CPP can make decisions at meetings of the general assembly and through written surveys of members.
26. The general assembly is held at least once a year.
27. The permanently acting body of the CPP is the Council, accountable to the general assembly and LSG.
28. The composition of the Council is approved by the local council upon the proposal of the executive body of LSG for a term of 2 years.
29. The Council may include heads of organizations, deputies of local councils, and responsible employees of LSG.
30. Decisions of the Council are made by a simple majority of votes.
31. The competence of the Council includes:
- electing the chairman, his deputy, and the secretary;
- approving programs for the prevention of offenses;
- implementing tasks defined by government bodies and the general assembly;
- admitting and excluding members of the CPP;
- proposals for rewarding active participants in the prevention of offenses.
32. The Council operates on a voluntary basis, and its activities are coordinated by the chairman.
33. The chairman controls issues related to the implementation of decisions of the general assembly.
34. The organizational support for the work of the Council is provided by the responsible secretary.
35. Working groups may be created to prepare materials for Council meetings.
36. Council meetings are held at least once a quarter.
37. The meeting is chaired by the chairman; in his absence, by the deputy.
38. The meeting is considered valid if more than half of the Council members are present.
39. Decisions of the Council are documented in a protocol signed by the chairman or the person conducting the meeting.
40. Decisions of the Council are advisory in nature and communicated to government bodies and the public.
6. Procedure for Reorganization, Liquidation, and Amendments to the CPP Charter
41. Reorganization or liquidation of the CPP, as well as amendments to the Charter, are carried out by decision of the general assembly or the court.
42. The decision on reorganization or liquidation is made by at least 2/3 of the votes of those present at the general assembly.
43. All changes must be registered in accordance with the law.
44. The CPP is considered terminated from the moment of entry in the register of legal entities.
7. Responsibility for Violating Legislation
45. In case of violation of legislation, the CPP and its members are liable in accordance with the law.
8. Auditing Body
46. Control over the financial activities of the CPP is carried out by the Audit Commission, elected by the general assembly for a term of 2 years.
47. Members of the Audit Commission cannot hold positions in the governing bodies of the CPP.
48. The Audit Commission is accountable to the general assembly.
49. All officials of the CPP are obliged to assist in the functions of the Audit Commission.
9. Financial Activities and Property of the CPP
50. The CPP is financed from the following sources:
- local budget with the consent of local government bodies;
- voluntary contributions;
- grants and other assistance;
- other sources not prohibited by law.
51. Local self-government bodies may delegate the execution of certain issues related to public order protection to the CPP with the transfer of financial resources.
52. The decision to transfer powers is made by the executive body of local self-government.
53. Heads of organizations may take measures to reward the CPP.
54. The assets provided to the CPP are subject to operational management.
