The reason for the appeal of the Cabinet of Ministers to the Constitutional Court was the dispute that arose during one of the meetings of the Parliament between the head of the Cabinet of Ministers Akylbek Japarov and the leader of the opposition faction Butun Kyrgyzstan Adakhan Madumarov.
Madumarov reminded Zhaparov that the Constitution contains the above provision. At the same time, the amount of the minimum pension and allowance is lower than the subsistence level. According to the member, the government cannot ensure the application of this article today.
In response, the head of government said that pensioners are paid as much as possible, and recalled that he was personally opposed to the inclusion of such a provision in the Basic Law. “To clarify the situation, we appealed to the Constitutional Court,” said Akylbek Zhaparov.
According to the decision of the Constitutional Court, which is not subject to appeal, “the constitutional and legal meaning of the second part of article 44 is that the determination of the amount of pensions, social benefits and other social assistance cannot depend directly from the state of the economy and the capabilities of the state, respectively, the regulatory provision, expressed by the words “to provide a standard of living not lower than the subsistence minimum established by law”, shall not be understood as an unconditional obligation of the state to establish the amount of pensions, social benefits and other social assistance not lower than the subsistence minimum, but must be considered as an objective the progressive realization of which is a constitutionally important task of the state.
The Parliament of the Republic and the Cabinet of Ministers are obliged to comply with this decision of the Constitutional Court of the Kyrgyz Republic in the implementation of the legal regulation of the social security sector in the country.
Help “RG”
The structure of the subsistence minimum in the republic, according to the decree of the Government of the Kyrgyz Republic, includes food (65%), non-food products (16), services (17), taxes (2).
The main part of the subsistence minimum goes to food products. “The main principles of the formation of the minimum set of food products necessary to preserve human health and ensure its vital activity are the daily physiological needs of the organism; national nutritional patterns; an increase in the incidence of diseases socially important – tuberculosis, anemia , hepatitis and others; the optimal content of minerals, vitamins and complete proteins; the choice of products for organizing a healthy diet inexpensively; the actual consumption of food products by the population of the Kyrgyz Republic on the database of a sample of households survey conducted by the National Statistics Committee of the Kyrgyz Republic,” the resolution states.
Read the Latest Science and Technology News Today on The Eastern Herald.
