Author: Arstan Kadyrov
This collection of practical cases was developed by the request of the Foundation “El-Too”. The collection is based on the of the cases of women that addressed us during free judicial consultations by El-Too , as well as on the legal practice of the author. According to the legislation of the Kyrgyz Republic the rights of men and women in Kyrgyzstan are equal, but their rights are discriminated. This is especially evident in inheritance of immovable and movable property. The main factor such violations of women’s rights are the ignorance of their rights in rural areas by women themselves, so by men. The first reliable and authoritative source of information for villagers in land issues is the local authorities (aiyl okmotu). From the competence of employees aiyl okmotu depends very much. But, unfortunately, theprofessional qualification of aiyl okmotu employees is getting worse year by year. This is caused by the systematic problems such as low wages, staff turnovers, etc.
Although according to the paragraph 4 of Article 54 of the new law of the Kyrgyz Republic “On local state administration and local municipalities ”from 20 October 2021 No. 123, provision of a legal assistance to the rural population is a direct obligation ofaiyl okmotu. Ideally, each aiyl okmotu should be staffed with a qualified lawyer.
We hope that these cases of land issues that are encountered will help rural women and local authorities in taking the right decisions in analogous situations