THE CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC on elections of the President of the Kyrgyz Republic and the deputies of the Jogorku Kenesh of the Kyrgyz Republic
THE CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC on elections of the President of the Kyrgyz Republic and the deputies of the Jogorku Kenesh of the Kyrgyz Republic
THE CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC
on elections of the President of the Kyrgyz Republic
and the deputies of the Jogorku Kenesh
of the Kyrgyz Republic
Bishkek, July 2, 2011 No 68
(In the versions of the constitutional Laws of the Kyrgyz Republic No 221 dated November 25, 2011; No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019; No 68 dated June 30, 2020; No 2 dated November 11, 2020)
The present constitutional Law defines electoral rights of the citizens of the Kyrgyz Republic and guarantees thereto, regulates the relations connected with preparation and holding the elections of the President of the Kyrgyz Republic (hereinafter referred to as President) and the deputies of the Jogorku Kenesh of the Kyrgyz Republic (hereinafter referred to as the deputies of the Jogorku Kenesh).
Chapter 1. General provisions. Electoral rights of citizens.
Article 1. Basic terms used in the present constitutional Law
The following terms are used in the present constitutional Law:
Campaign materials - printed, audiovisual and other materials containing the features of election campaign and used for mass circulation and promulgation in the during the election campaign;
Active voting right of citizens - the right of the citizens of the Kyrgyz Republic to elect in the state power agencies and local self-governance bodies;
Close relatives - spouses, parents, children, adoptive parents, adopted, full and half-brothers and sisters, grandparents, grandchildren;
Guarantees for citizens’ electoral rights - organizational, legal, informational and other means to ensure electoral rights of citizens of the Kyrgyz Republic;
State portal - the website of a state agency containing information on voter lists in the electronic format by polling stations, districts, cities and the republic as a whole, formed and updated in accordance with the procedure established by the law, including information on changes in the electoral address (polling station number), on citizens’ participation in elections and referenda, as well as providing voters the opportunity to specify and change their data, while observing the requirements for identification and authenticity envisaged in the law;
Voter identity document - all types of national passport of a citizen of the Kyrgyz Republic envisaged in the law;
Executive official of a state body or local self-government - a person performing the functions of a representative of power or organizational and management, business and administrative, control and supervision functions in the state bodies and bodies of local self-government on a regular or temporary basis or by special authority;
Registered candidate - a person who meets the requirements established by the Constitution of the Kyrgyz Republic (hereinafter referred to as the Constitution), the present constitutional Law and registered by the Central Election Commission on Elections and Referenda (hereinafter referred to as the Central Election Commission) as a candidate for the position replaceable by elections of the President or a deputy of the Jogorku Kenesh;
Voters - citizens of the Kyrgyz Republic possessing the active electoral right;
Voters with disabilities - citizens of the Kyrgyz Republic who have an active voting right, having a health disorder with persistent impairment of body functions due to diseases, consequences of injuries or defects expressed in the impairment of hearing, vision, musculoskeletal system functions, which result in restrictions on the full exercise of the voting rights on general terms;
Electoral documents - voter lists, ballots valid, invalid, unused (cancelled), spoiled (filled with mistakes), as well as identification receipts, primary and final identification reports, zero and final reports of the automatic reading ballot boxes, protocols of the election commissions, their decisions on election issues, registration documents of candidates, political parties, summary tables on voting results;
Election commissions - collective bodies that organize the preparation and holding of the elections and ensure the implementation and protection of the electoral rights of the Kyrgyz citizens;
Electoral legislation - a set of normative legal acts that regulate the procedure for conducting elections in the Kyrgyz Republic;
Electoral rights of citizens - the rights of the Kyrgyz citizens to elect and be elected to State agencies and local self-government bodies, including the right to participate in the nomination of candidates, election campaigning, election monitoring and the work of election commissions, including the determination of voting results and the determination of election returns as well as in other electoral activities;
Informational support of the elections - informing voters and election campaigning, contributing to the informed expression of the will of the citizens and the publicity of the elections;
Voter information - activities on preparation and dissemination of information during the election campaign on the progress of the election campaign and the activities of election commissions, polling stations, procedure of formation and changing of the voter lists, procedure of participation in the voting, procedure of voting, procedure of determining the voting results and the election returns; the activity of election commissions and the media on preparation and dissemination of official information about the candidate (candidates) and political party (parties) and their programs without preferences to any candidate (candidates), political party (parties) without the features of campaigning for any candidate, a political party or against them;
Information materials - printed, audiovisual and other materials containing the information on the progress of the election campaign and the activities of election commissions, polling stations, procedure of formation and changes of voter lists, procedure of participation in the voting, procedure of voting, procedure of determining the voting results and the election returns; official information of the election commissions and the mass media on the candidate (candidates) and political party (parties) and their programs without preferences to any candidate (candidates), political party (parties) without the features of campaigning for any candidate, a political party or against them;
Electoral address - the address of a voter declared in accordance with the procedure established by the present constitutional Law, which is not his / her permanent place of residence, but at which he / she expressed the intention to vote;
Candidate - a person nominated in accordance with the procedure prescribed by this constitutional Law as a candidate for the position of the President to be replaced by elections or the deputy of the Jogorku Kenesh;
Voter control list - a voter list containing updated information about voters and changes made on the basis of voter applications received during the period of updating the voter list 35 calendar days prior to the voting day, published on the state portal and displayed at the polling stations 30 calendar days before the voting day;
International observer - a person representing a foreign or an international organization who acquires the right to observe the preparation and holding the elections in the Kyrgyz Republic in accordance with the procedure envisaged in the law;
Observer - a person appointed by a candidate or a political party that has nominated a list of candidates, to observe the preparation of the elections, the voting, the counting of votes, the determination of the voting results and the determination of the election returns in the accordance with the procedure envisaged in the law;
Identification equipment - devices used for identification of voters by identifying them using their biometric and personal data;
Public observer - a person appointed by a non-commercial organization of the Kyrgyz Republic (hereinafter referred to as a non-commercial organization) to observe the preparation of the elections, the voting, the counting of votes, the determination of the voting results and the determination of the election returns in accordance with the procedure envisaged in the law;
Final voter list - an updated voter list which contains all changes based on applications of voters during the period of updating the voter lists, published on the State portal and displayed at the polling stations 7 calendar days prior to the voting day;
Passive electoral right of citizens - the right of citizens of the Kyrgyz Republic to be elected to the state agencies and local self-government bodies;
Permanent place of residence - the place of residence of a citizen on the territory of the Kyrgyz Republic, confirmed by the registration by the bodies of registration in the relevant document;
Law enforcement agencies - institutions and agencies of internal affairs, national security, the financial police, the office of the prosecutor and customs service;
Preliminary voter list - a voter list as of 80 calendar days prior to the voting day, posted on the state portal and displayed by precinct election commissions for citizens to verify their data or change their electoral address;
Election campaigning - the activity of citizens of the Kyrgyz Republic, the candidates, the authorized representatives and proxies of the candidates as well as the political parties in the preparation and dissemination of information during the election campaign, with the aim of encouraging or encouraging voters to vote for certain candidates (list of candidates) or against them;
Representative of a candidate or a political party - a representative in the election commissions, an authorized representative, a trustee or an observer representing candidates or political party which has nominated a list of candidates;
Religious official - a person engaged in the religious activity in accordance with the Law on the freedom of belief and religious organizations in the Kyrgyz Republic;
Information about the criminal record of a candidate - the information about the ever existing, valid convictions, indicating the number(s) and name(s) of the article(s) of the Criminal Code of the Kyrgyz Republic, which served the basis for the conviction of a candidate, article(s) of the law of the foreign state, in the event that the candidate was convicted in accordance with the specified laws for actions recognized as a crime by the acting Criminal Code of the Kyrgyz Republic, or on the absence of the criminal record;
Clergyman - a person authorized by a relevant religious organization (association) to perform spiritual, imam, pastoral or preaching services;
Voter list - a list of citizens of the Kyrgyz Republic who have an active right to vote as of the voting day, formed on the basis of the Unified State Register of Population, compiled in the electronic form and on paper, which, depending on the degree of readiness and purpose, can be preliminary, control and final list;
(the paragraph lost its effect in accordance with the constitutional Law of the Kyrgyz Republic No 88 dated April 23, 2015)
List of candidates - a unified list of candidates nominated by a political party and registered by an election commission;
Operator - a member of a precinct election commission or a person engaged by the Central Election Commission, who provides technical services for identifying citizens during elections and referenda or for servicing the automatic reading ballot box at a polling station on voting day;
Automatic scanning ballot box - a device for automatic counting the votes;
Stationary ballot box - a transparent ballot box;
Ballot boxes - automatic scanning or stationary ballot boxes;
Mobile ballot box - a ballot box, designed for voting outside the premises of the polling station;
Failure - temporary loss of functioning of an automatic scanning ballot box or voter identification devices;
Internet - a global (worldwide) computer network (a system of interconnected computer networks) for storing and transmitting the information;
Internet publications - Internet sites (portals, forums), except for Internet blogs and personal pages of individuals in social networks, which contain news, information and analytical, entertainment and other materials, administered (moderated) in the Kyrgyz Republic or owned by citizens and / or legal entities of the Kyrgyz Republic, allowing the visitor free access to it on the Internet, if the number of visits to the Internet publication exceeds 500 unique users per day or 1000 unique users per month;
Unique visitor or a visitor with a unique IP-address - a non-recurring user with unique characteristics and who entered the Internet publication within a certain period of time.
(In the versions of Constitutional laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 2. Principles of citizens’ participation in elections
1. Elections in the Kyrgyz Republic are conducted on the basis of universal, equal and direct suffrage by secret ballot.
Elections in the Kyrgyz Republic are based on free and voluntary exercise of electoral rights by the citizens of the country. No one shall have the right to make a pressure on citizens with a view to force them to participate or not participate in the elections, or on their free will.
2. Citizens of the Kyrgyz Republic residing or located outside the Kyrgyz Republic shall have electoral rights in accordance with the present constitutional Law.
The electoral rights of the citizens of the Kyrgyz Republic residing or located outside its borders during the election period are ensured by the state agency in charge of foreign affairs through its diplomatic missions and consular offices.
Citizens of the Kyrgyz Republic, residing or located outside the country, vote at polling stations created at the proposal of the agency in charge of foreign affairs, in agreement with the relevant institutions of the country of accreditation, as a rule, on the territory of diplomatic missions, consular offices of the Kyrgyz Republic, representative offices of state agencies of the Kyrgyz Republic abroad.
3. Women, on an equal basis with men, shall have equal opportunities to exercise the right to elect and be elected to the position of the President or the deputy of the Jogorku Kenesh.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 3. Universal suffrage
1. The citizens of the Kyrgyz Republic who have reached 18 years of age shall have the right to elect, and upon reaching the age established by the Constitution and the present constitutional Law, - to be elected to government agencies and local self-government bodies.
2. The citizens of the Kyrgyz Republic shall have the right to elect and be elected regardless of their origin, sex, race, ethnicity, disability, education, official and property status, religion, political and other convictions.
3. The citizens who were declared legally incompetent by court or are held in places of detention by a court verdict which has entered into legal force shall not have the right to elect or be elected.
4. Persons whose conviction has not been canceled in accordance with the procedure established by the law shall not have the right to be elected to the office of the President or the deputy of the Jogorku Kenesh.
5. Citizens shall exercise their rights to elect and be elected provided the requirements established by the present constitutional Law are complied with.
(In the version of the constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 116 dated August 8, 2019)
Article 4. Equal suffrage
The citizens of the Kyrgyz Republic shall participate in the elections in the Kyrgyz Republic on the equal grounds.
Article 5. Direct suffrage
The citizens of the Kyrgyz Republic shall directly elect their representatives to the office of the President and the deputies of the Jogorku Kenesh.
Article 6. Secret ballot
Voting during the elections in the Kyrgyz Republic shall be secret, excluding the possibility of any control over the expression of the will of citizens.
Violation of the secrecy of voting shall entail liability provided for in the legislation of the Kyrgyz Republic.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 7. Mandatory nature and periodicity of elections
1. The term of office of the President or the deputies of the Jogorku Kenesh shall be established by the Constitution.
2. Presidential elections and elections of the deputies of the Jogorku Kenesh shall be mandatory and shall be held within the periods established by the Constitution.
3. The elections shall not be held at the time of emergency situation or martial law imposed in the entire territory of the Kyrgyz Republic.
Article 8. Openness in the electoral process
1. Organization and conducting of election shall be public and open.
2. Members of higher election commissions, candidates, the representatives of candidates and political parties, as well as observers, international observers and representatives of the media shall have the right to attend meetings of the relevant election commission.
3. The electoral information system is used to monitor the progress and results of voting by transferring the protocol data from the lower-level election commissions to higher-level election commissions. The data on the progress and voting results obtained through the electoral information system are preliminary information that has no legal force, the procedure for using thereof shall be determined by the Central Election Commission on Elections and Referenda of the Kyrgyz Republic (hereinafter - the Central Election Commission).
Article 9. Observer
1. A candidate or a political party which has nominated a list of candidates, shall have the right to appoint an observer who is entitled to observe the preparation of elections, the process of voting, the counting of votes, the determination of the voting results and the determination of the election returns in accordance with the procedure envisaged in the law.
A candidate or a political party may appoint up to two observers to each precinct election commission, who may in turn monitor the voting and other electoral activities in the voting hall. Two or more observers representing the interests of one registered candidate or a political party shall not have the right to simultaneously exercise the powers of an observer in the premises of the election commission or in the voting hall.
2. An observer shall acquire the rights and responsibilities of an observer provided for in this constitutional Law upon receipt by the relevant election commission of a referral from the candidate who appointed him / her or from the political party that nominated the list of candidates. The referral shall contain the surname, the first name and the patronymic, the permanent place of residence of the observer, the numbers of polling stations, the names of election commissions to which the observer is sent and a record is made of the absence of restrictions stipulated in section 3 of this article. The referral is considered valid provided there is the signature of the candidate or the seal of a political party as well as the passport or an equal document replacing it is presented. Prior notification of the appointment of an observer shall not be required.
3. A citizen of the Kyrgyz Republic who has an active electoral right may be an observer.
The following persons shall not have the right to be an observer: a deputy of the Jogorku Kenesh or a local Kenesh; a candidate for the deputy of the Jogorku Kenesh or a local Kenesh; persons on political, special state and municipal positions, a civil and a municipal servant, a member of the election commission; the representatives of the candidate or the political party that nominated the list of candidates in the election commissions; judges, prosecutors, staff of other law enforcement and fiscal bodies as well as military personnel.
4. An observer shall have the right:
1) to monitor the formation of the election commission of any level;
2) to monitor the process of formation of the voter lists;
3) to monitor the process of voters’ registration;
4) to monitor the information support of the elections;
5) to get acquainted with the voter lists available at the election commission, the log of applications (requests) on voting outside the premises for voting;
6) to be present in the premises for voting on the voting day at any time of the day;
7) to be present during voting outside the voting premises;
8) to publicly express his / her opinion or make statements on the preparation and conducting of elections, including through the mass media;
9) to freely move and be present at any polling stations or election commissions;
10) to monitor the procedure of organization and conducting the elections established in the present constitutional Law, without violating the secrecy of elections, including the issuance of the ballot papers, counting the number of voters included in the voter lists, counting the ballot papers handed to the voters, cancelled ballot papers; monitor the counting of votes at a distance and in conditions ensuring the visibility of the content of ballot boxes; check filled or not filled ballot papers during the counting of votes; monitor the issuance of the protocol on the voting results by the election commission as well as other electoral documents;
11) to make remarks and proposals on issues related to the organization of voting to the chairperson of the precinct election commission to which he or she is sent, and in case of his or her absence - to the substituting person;
12) to get acquainted with the protocol of the election commission to which he / she was sent;
13) to receive copies of protocols and documents attached thereto from the election commission;
14) to appeal against the decisions and / or actions (inaction) of the election commission to which he / she is sent, in accordance with the procedure established by this constitutional Law;
15) to be present at the re-counting of votes in the relevant election commissions;
16) to wear badges that do not contain signs of pre-election campaign, indicating his / her status, surname, name and patronymic as well as the name of the organization that sent the observer to the election commission;
17) to personally make photo, video and audio recordings, without violating the secrecy of voting and interfering in the process of voting or summing up the results.
5. The observer shall not have the right:
1) to hand out ballot papers to the voters;
2) to sign for the voter for having received the ballot paper at his / her request;
3) to fill the ballot paper for the voter at his / her request;
4) to make actions which violate the voting secrecy;
5) to participate directly in the counting of ballot papers conducted by the members of the election commission;
6) to make actions preventing the work of the election commission;
7) to campaign among the voters;
8) to participate in the decision making by a relevant election commission.
6. The activity of observers is regulated by the electoral legislation.
(In the version of constitutional Laws No 96 dated June 5, 2017 and No 116 dated August 8, 2019)
Article 10. International observers
1. International observers shall be accredited by the Central Election Commission upon the invitation of the President, the Jogorku Kenesh, the Government, the Central Election Commission, after the official publication of the decision on holding the elections. Proposals for invitations may be submitted by the international and national non-commercial organizations specializing in the electoral legislation and elections, as well as in the area of human rights protection.
Citizens of the Kyrgyz Republic shall not be accredited as international observers.
2. The term of office of an international observer shall begin on the day of his / her accreditation by the Central Election Commission and shall end on the day of official publication of the election returns.
3. International observers shall have the right to freely move and be present at any polling stations and election commissions.
4. International observers shall have the right:
1) to publicly express their opinion on the preparation and the progress of the elections;
2) to have press-conferences and to appeal to the mass media representatives;
3) to make photo, video and audio recordings, without violating the secrecy of voting;
4) to wear badges that do not contain signs of pre-election campaign, indicating his / her status, surname, name and patronymic as well as the name of the organization that they represent;
5) to monitor the formation of the election commission of any level;
6) to monitor the process of formation of the voter lists;
7) to monitor the process of registration of voters;
8) to monitor the information support to the elections.
5. International observers shall not have the right to take advantage of their status for activity not related to the observation over the preparation and conduct of the elections.
6. In the event that an international observer violates the present constitutional Law or the legislation of the Kyrgyz Republic, the Central Election Commission shall have the right to cancel his / her accreditation.
7. The activity of international observers shall be regulated by the electoral legislation.
(In the version of the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017)
Article 10-1. Public observers
1. Non-commercial organizations shall have the right, in accordance with the procedure envisaged in their articles of incorporation, to make a decision on participation in election monitoring and sending their public observers.
2. The powers of the public observer shall be determined in writing referral certified by the seal of the non-commercial organization whose interests are represented by the public observer. The referral shall contain the name, surname and patronymic of the public observer, the address of his or her place of residence, the number of the polling station, the name of the commission to which the observer is sent, as well as a note on the absence of restrictions envisaged by section 4 of this Article. The referral shall be valid upon submission of a passport of a citizen of the Kyrgyz Republic by a public observer as well as a certified copy of a decision of a non-commercial organization on participation in election observation.
A non-commercial organization that intends to monitor the elections shall send a notice to the Central Election Commission or a territorial election commission with a copy of the certificate of state registration of the non-commercial organization attached. The Central Election Commission or a territorial election commission shall send to the precinct election commissions the list of non-commercial organizations that have announced their intention to carry out civil monitoring of the elections.
3. Public observers shall be registered by the relevant election commission upon submission of the documents specified in paragraph 2 of this Article. Conditions and procedure of registration, the form of the document on registration of public observers at election commissions shall be established by the Central Election Commission.
A non-commercial organization may register no more than three public observers at each election commission. Only one public observer from one non-commercial organization can be present at one polling station simultaneously.
4. The following persons cannot be appointed as public observers in election commissions: a deputy of the Jogorku Kenesh or a local kenesh, a candidate to the Jogorku Kenesh or a candidate to the local kenesh, persons having political, special state and municipal posts, a state civil and political municipal servant, a member of the election commission, representatives and observers of a candidate, a political party that nominated a list of candidates, judges, prosecutors, employees of other law enforcement and fiscal agencies and military personnel.
5. The term of office of a public observer begins on the day of his / her registration by the relevant election commission and ends on the day of official publication of the election returns.
6. The public observers shall have the right:
1) to monitor the formation of the election commission of whatever level;
2) to monitor the process of formation of the voter lists;
3) to monitor the process of registration of voters;
4) to monitor the information support of the elections;
5) to get acquainted with the voter lists available at the election commission, the log of applications (requests) on voting outside the premises for voting;
6) to be present in the premises for voting on the voting day at any time of the day;
7) to be present during voting outside the voting premises;
8) to publicly express his / her opinion or make statements on the preparation and conducting of elections, including through the mass media;
9) to monitor the procedure of organization and conducting the elections established by the present constitutional Law, without violating the secrecy of elections, including the issuance of the ballot papers, counting the number of voters included in the voter lists, counting the ballot papers handed to the voters and cancelled ballot papers; monitor the counting of votes at a distance and in conditions ensuring the visibility of the content of ballot boxes; check any filled or not filled ballot paper during the counting of votes; monitor the issuance of the protocol on the voting results by the election commission as well as other electoral documents;
10) to make remarks and proposals on issues related to the organization of voting to the chairperson of the precinct election commission to which he or she is sent, and in case of his or her absence - to the substituting person;
11) to get acquainted with the protocol of the election commission to which he / she was sent;
12) to receive from the election commission copies of protocols and documents attached thereto;
13) to be present at the re-counting of votes in the relevant election commissions;
14) to wear badges that do not contain signs of pre-election campaign, indicating his / her status, surname, name and patronymic as well as the name of the organization that sent the observer to the election commission;
15) to make photos, video and audio recordings without violating the secrecy of voting, interfering in the process of voting or summing up the results.
16) to freely move and be present at the polling stations where they are registered complying with the requirements set in section 3 of the present article.
7. A public observer shall not have the right:
1) to hand out ballot papers to the voters;
2) to sign for the voter at his / her request for having received the ballot paper;
3) to fill the ballot paper for the voter at his / her request;
4) to make actions which violate the voting secrecy;
5) to participate directly in the counting of ballot papers conducted by the members of the election commission;
6) to make actions preventing the work of the election commission;
7) to campaign among the voters;
8) to participate in the decision making by a relevant election commission.
8. Public observers shall not have the right to use their status to carry out activities not related to the monitoring of the preparation and conducting of the elections.
9. The relevant election commission shall have the right to cancel the registration of a public observer in case of violation of the present constitutional Law and the legislation of the Kyrgyz Republic.
(In the version of the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017 and No 116 dated August 8, 2019)
Article 11. The representatives of the mass media
1. The representatives of the mass media shall be accredited by the Central Election Commission upon receipt of their written request.
2. The representatives of the mass media participating in the information coverage of preparation and conducting the elections shall have the following rights:
1) to be present at the meetings of the election commissions;
2) to get acquainted with the protocol of the election commission;
3) to receive from the election commission copies of protocols and documents attached thereto;
4) to make photo, video and audio recordings during preparation to elections, during the voting day - from the place defined by the chairperson of the precinct election commission, without violating the secrecy of voting and interfering in the process of voting or summing up the results.
5) to wear badges that do not contain signs of pre-election campaign, indicating his / her status, surname, name and patronymic as well as the name of the organization which they represent.
3. Upon the request of a representative of the mass media, the election commission is obliged to certify a copy of the protocol on the results of voting or on the election returns.
4. The Central Election Commission has the right to cancel the accreditation of a mass media in case it violates the electoral legislation.
5. The activity of a mass media representative during the preparation and holding the elections is regulated by the electoral legislation.
(In the version of the constitutional Law No 116 dated August 8, 2019)
Chapter 2 Election commissions and electoral precinct
Article 12. Election commissions
1. The election commissions organize the preparation and holding of elections in the Kyrgyz Republic and ensure the implementation and protection of the electoral rights of the Kyrgyz citizens.
2. The unified system of election commissions consists of:
1) The Central Election Commission;
2) The territorial election commissions;
3) The precinct election commissions.
3. Election commissions perform their activity on the following principles:
1) legality;
2) publicity;
3) openness;
4) independence;
5) collegiality;
6) fairness;
7) impartiality.
4. The legal status, organization and procedure of work as well as guarantees of independence of the election commissions are determined by the law regulating the procedure of work of the election commissions, the present constitutional Law as well as other normative legal acts.
(In the version of the constitutional Law No 116 dated August 8, 2019)
Article 13. Electoral precinct
1. The electoral precinct for the election of the President and deputies of the Jogorku Kenesh is the entire territory of the Kyrgyz Republic.
2. Voters living outside the territory of the Kyrgyz Republic shall be considered to be assigned to the precinct.
3. To hold the voting and count the votes, the electoral precincts are formed taking into account local and other conditions in order to create maximum convenience for the electorate.
To hold the voting and count the votes of people living or staying outside the Kyrgyz Republic, polling stations may be created on the territory of diplomatic missions, the consular offices of the Kyrgyz Republic and missions of state agencies of the Kyrgyz Republic abroad upon the proposal of the agency responsible for foreign affairs and by agreement with the competent authorities of the country of accreditation.
4. The polling stations are created by the relevant territorial election commissions for 5 years at the rate of no more than 2,500 voters at each polling station. The management of the borders of the precincts is based on the procedure approved by the Central Election Commission. The list of precincts and their borders are subject to clarification in accordance with the procedure envisaged for their formation, upon the proposal of territorial election commissions and bodies of local self-government.
In order to ensure the implementation of electoral rights of citizens, including the right to vote at an electoral address in the places of temporary residence and to create maximum convenience for voters, additional polling stations may be created by the territorial electoral commissions upon the proposal of bodies of local self-government.
Additional polling stations are created and operate only for the period of preparation and holding of the elections. They are formed in the following cases:
- In the event that there is a large number of voters temporarily residing on the given territory and having no permanent place of residence at the place of voting;
- In the event that the number of voters at the nearby polling stations exceeds the number of voters established by the present constitutional Law.
The provision of the first paragraph of this section concerning the number of voters, may not be applied in case of creation of polling stations outside the territory of the Kyrgyz Republic.
In the event that on one territory the number of voters residing or being outside the Kyrgyz Republic exceeds the number of voters envisaged in the first paragraph of this section, two or more polling stations can be established in one room upon the proposal of the body responsible for foreign affairs and by an agreement with competent authorities of the country of accreditation.
5. The Central Election Commission shall consider and approve the layout and borders of the polling stations upon the proposal of territorial election commissions and shall publish them in the mass media with indication of borders and addresses not later than 5 calendar days after the day of their approval and shall hand them over to the authorized state agency.
The information on polling stations created outside the Kyrgyz Republic is posted on the websites of the Central Election Commission, diplomatic missions, consular offices and representative offices of state agencies of the Kyrgyz Republic abroad accredited in the country of stay not later than 5 calendar days after the date of their approval.
(In the version of constitutional Laws of the Kyrgyz Republic No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Chapter 3 Voter lists
Article 14. Compiling voter lists
1. In order to implement the rights of voters, to familiarize voters with their data and hold the voting, a voter list is compiled for each polling station.
2. The voter lists include citizens of the Kyrgyz Republic who possess the active electoral right on the day of voting and who have passed biometric registration in accordance with the law.
During the preparation for elections, upon the decision of the Central Electoral Commission and the state agency responsible for the registration of population (hereinafter referred to as the authorized state agency), the citizens may pass biometric registration at airports and railway stations of the Kyrgyz Republic.
3. The voters list is compiled on the basis of personal data (including biometric data) contained in the Unified State Register of Population, taking into account the borders of the electoral precincts.
Formation, storage and updating of the Unified State Register of Population are carried out by the authorized state agency.
4. The preliminary list of voters is formed by automatic downloading from the Unified State Register of Population of the data for citizens who have reached the age of 18, submitted the biometric data and taking into account the borders of the electoral precincts.
The preliminary list of voters shall be posted on the state portal 80 calendar days prior to the voting day by polling stations, districts and cities without information about the place of permanent or actual residence, date of birth of the voter for familiarization and corresponding specification of the data, for finding errors and inaccuracies in the lists.
5. The information about voters in in-patient treatment and preventive care facilities, in the places of detention as suspects and accused persons, at enterprises with a uninterrupted work cycle (shift work), conscripts, military personnel and their family members as well as other persons residing in military units on the day of voting is collected by the heads of such institutions (enterprises and military units) and transmitted to the relevant precinct election commission no later than 12 calendar days prior to the voting day.
In order to register voters in in-patient treatment and preventive care facilities, in places of detention as suspects and accused persons as well as voters with disabilities, the authorized state agencies responsible for the above institutions, as well as the authorized agency in the area of social development, must provide information on the actual number of such voters as of February 1 and August 1 each year to the Central Election Commission.
6. The information on the voters residing or being outside the Kyrgyz Republic, who have the consular (temporary consular) registration and passed the biometric registration is compiled by the heads of the relevant diplomatic missions and consular offices and is handed over to the Central Election Commission through the State agency responsible for the foreign affairs no later than 85 calendar days prior to the day of voting.
The form, type and procedure for presenting information on voters who reside or are outside the Kyrgyz Republic and have the consular (temporary consular) registration is determined by the Central Election Commission upon agreement with the state agency responsible for the foreign affairs.
A voter residing or being outside the Kyrgyz Republic on the day of voting, shall have the right to declare his / her intention to vote at the electoral address of the place of residence or stay by submitting an application following the procedure envisaged in Article 15 of this constitutional Law.
(In the version of the constitutional Law No 2 dated November 11, 2020).
7. The preliminary list posted on the state portal and compiled for each polling station is printed by the Central Election Commission and transmitted to the precinct election commissions 75 calendar days prior to the voting day.
(In the version of the constitutional Law No 116 dated August 8, 2019)
Article 15. Familiarization with the voter lists, correction of inaccuracies. Electoral address
1. The precinct election commission shall be obliged to display the preliminary list of voters for familiarization of voters living in the territory of the respective polling station 70 calendar days prior to the voting day.
2. In the event of any error or inaccuracy as well as the absence in the preliminary list of voters each voter shall have the right to apply no later than 15 calendar days prior to the day of voting to the corresponding precinct election commission with the application, attaching copies of supporting documents, in such a case the voter shall pass the biometric identification.
When receiving an application in an established format from a voter, a member of the precinct election commission after verification of the correctness of filling in and compliance with passport data specified in the application, as well as under the condition of passing the identification, gives the voter a receipt with the information on the specification of the status of processing the application, such receipt is attached to the bottom of the application.
The precinct election commission shall immediately forward the said application to the system administrator of the Central Election Commission in the relevant territorial election commission to take appropriate measures to include the voter in the list, correct errors or inaccuracies.
A voter shall also have the right to submit an application in the electronic format through the “voter’s account” service on the state portal with authorization in accordance with the procedure prescribed by the law.
A reply to a voter application is sent by the relevant election commission no later than 7 calendar days from the date of receipt of the application in the form of a paper or electronic message to the address indicated by the voter while submitting the application.
3. Each voter residing or being outside the Kyrgyz Republic on voting day from the moment of familiarization with the voter list, but no later than 15 calendar days before voting day, shall have the right to declare his intention to vote at the electoral address by submitting an application to the diplomatic mission or consular office of the Kyrgyz Republic of the established form with the attachment of a copy of the passport of a citizen of the Kyrgyz Republic, and in its absence - a copy of the general civil passport of a citizen of the Kyrgyz Republic, service or diplomatic passport. In such case the voter shall pass biometric identification.
The diplomatic mission or consular office of the Kyrgyz Republic, from the moment of receipt of the voter's statement of intention to vote at the electoral address of the location or residence, registers the voter as a person registered on the temporary consular register free of charge. Such registration is carried out for the period specified in the voter's application.
After receiving the application, the diplomatic mission or consular office of the Kyrgyz Republic immediately submits it to the Central Election Commission for taking appropriate measures to change the electoral address.
The voter also has the right to submit an application online through the "voter's account" service on the state portal with the passage of authorization in the manner prescribed by law.
A voter bears responsibility for providing deliberately false information as provided for by law.
Provision of knowingly inaccurate information by a voter shall result in the liability envisaged in the legislation.
Diplomatic missions or consular offices of the Kyrgyz Republic shall keep records of received applications from voters regarding the correction of mistakes or inaccuracies in the voter list, as well as change of the electoral address.
(In the version of the constitutional Law No 2 dated November 11, 2020).
4. The Central Election Commission not later than 35 calendar days prior to the voting day shall compile a control list of voters containing updated information on the voters and send it to the precinct election commissions.
The precinct election commission shall be obliged 30 calendar days prior to the voting day to display the control list of voters for their awareness.
The control list shall not contain any other information than the family name, name and patronymic of the voters included in the lists for the respective polling station, as well as the number of the polling station.
5. The receiving of voter applications on their absence in the voter list, an error or inaccuracy in the list, their intention to vote at the polling station shall be terminated 15 calendar days prior to the voting day. After processing applications, the Central Election Commission creates the final voter list. The control and final lists of voters shall be subject to mandatory verification and updating with data in the Uniform State Register of Population.
The Central Election Commission shall transmit the final voter lists in the electronic form to the authorized state agency 10 days prior to the voting day to prepare the equipment sets.
After the receipt of the final voter list by the authorized state agency the work on preparation of server sets of equipment for the identification of voters with uploading of the voters lists with biometric data shall carried out with the subsequent transfer of the sets of equipment to the Central Election Commission not later than 3 calendar days prior to the voting day for their delivery to the polling stations.
7 calendar days before the voting day the Central Election Commission shall print and transmit to the respective precinct election commissions the final voter list numbered, bound and stamped by the Commission in two copies. The second paper copy of the final voter list for each polling station, intended for displaying, should not contain information about the place of residence of voters included. Disclosure of the personal data contained in the final voters list by transfer, copying and publication shall result in the liability stipulated by the law.
The respective precinct election commissions shall be obliged to display the second paper copy of the final voter list of the respective polling station no later than 7 calendar days prior to the voting day.
The photographing and video recording of the displayed final voter list by a voter or an observer shall not be restricted.
6. Only citizens included in the voter list shall have the right to vote on the day of voting.
7. The voter list is updated by the Central Election Commission upon cooperation with the authorized state agency in order to ensure the accuracy of data in the Unified State Register of Population.
Such interaction is maintained, inter alia, through the use of a system of electronic inter-agency interaction approved by the law.
The procedure of interaction between the Central Election Commission and the authorized state agency on the issues of compiling and familiarization with the voter lists, review of applications from voters on their absence in the voter list, an error or inaccuracy therein, the intention to vote at the electoral address, the identification of voters on the voting day, the verification and synchronization of data in the Unified State Register of Population and the state portal, as well as on other issues requiring prompt resolution shall be approved by the Central Election Commission.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 16. Registration of voters by the state
1. The registration of voters is carried out by the Central Election Commission on the basis of the Unified State Register of Population through automatic posting of data on citizens who have reached the age of 18 and passed biometric data on the state portal.
Between the elections, the voter list is updated monthly on the state portal and during the preparation and holding the elections it shall be updated daily and posted on the state portal.
2. The procedure of formation and use of the Unified State Register of Population shall be regulated by the law.
(In the version of the constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 116 dated August 8, 2019)
Chapter 4. Representatives of a candidate or a political party. The status of candidates.
Article 17. Status of a representative of a candidate or a political party that nominated the list of candidates in the election commissions.
1. Candidates or political parties that nominated the lists of candidates, after registration shall have the right to appoint a representative to the relevant election commission (hereinafter - a representative to the election commissions) with the submission of identity documents, information about his main job (occupation), full address of his / her permanent residence and contact details.
2. The powers of a representative in the election commissions shall begin since the moment of his / her registration by the respective election commission.
3. A citizen of the Kyrgyz Republic who has reached the age of 21, has an active electoral right and is permanently resident on the territory of the Kyrgyz Republic shall have the right to be a representative in electoral commissions.
4. Deputies of the Jogorku Kenesh, local keneshes, candidates for deputies of the Jogorku Kenesh, local keneshes, persons having political, special state and political municipal posts, civil and municipal servants, members of election commissions, judges, military personnel, employees of law enforcement and fiscal bodies, foreign citizens and stateless persons, as well as persons whose criminal record has not been removed or expunged in accordance with the procedure established by the law, may not be the representatives in election commissions.
5. A representative in an election commission cannot simultaneously be a representative in another election commission.
6. A representative in an election commission who occupies a state or municipal office shall not have the right to use advantages of his / her official position.
7. A representative in an election commission shall be issued a standard certificate.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 18. Powers of a representative in election commissions.
1. A representative in election commissions shall have the right:
1) to get acquainted with documents and materials that are considered at a meeting of an election commission;
2) to submit proposals on issues within its competence to the agenda of meetings of an election commission and demand voting on them;
3) to attend and participate in debates at all meetings of an election commission;
4) to ask other participants in a meeting of an election commission questions in accordance with the agenda and receive substantive answers;
5) to get acquainted with documents and materials of the election commissions directly related to the elections and receive copies thereof (except for documents and materials containing confidential information referred to as such according to the procedure established by the law);
6) to appeal against actions (inaction) of an election commission in following the procedure prescribed by this constitutional Law;
7) to check the correspondence of the submitted document with the voter identity and the correctness of receiving the bulletin.
2. A representative at election commissions shall not have the right:
1) to participate in inspections conducted by the election commission;
2) to give explanations and instructions, make statements on behalf of the election commission;
3) to make protocols on voting results and election returns;
4) to participate in voting when making decisions that are referred to the powers of the election commission;
5) to sign decisions and protocols of the election commission.
3. The powers of a representative in an election commission can be at any time terminated by the decision of the appointing institution and can be transferred to another person.
4. The powers of a representative in an election commission shall also be terminated in case of cancellation of registration of the institution which appointed him / her.
5. The powers of a representative in the election commission shall be terminated after official publication of election returns.
6. In case of appeal of the registered candidate or political party against the results of voting or election returns the powers of a representative in the election commissions shall be terminated after the final decision on the merits of the appeal is made.
(In the version of the constitutional Laws of the Kyrgyz Republic No 116 dated August 8, 2019; No 88 dated April 23, 2015)
Article 19. Authorized representatives of candidates or political parties that have nominated lists of candidates.
1. Candidates and political parties shall have the right to appoint no more than two authorized representatives who represent the respective candidates or political parties on issues related to participation in elections, including financial matters.
2. The deputies of the Jogorku Kenesh, local councils, candidates for deputies of the Jogorku Kenesh, local keneshes, persons having political, special state and political municipal posts, civil and municipal servants, members of election commissions, judges, employees of law enforcement and fiscal bodies, foreign citizens and stateless persons may not be the authorized representatives.
3. The list of authorized representatives of a candidate or a political party shall be submitted to the Central Election Commission, indicating the powers, surname, first name, patronymic, date of birth, series and number of passport or the document replacing it, date of issue, permanent address, main place of work or service, position occupied (in case of absence of main place of work or service - type of occupation) and the telephone number of each authorized representative. In the case of the authorized representative on financial matters, the right to sign financial documents shall be also specified. The list submitted to the Central Election Commission shall be accompanied by the written consent of each listed person to perform the functions of the authorized representative. The candidate or a political party shall confirm the compliance of the authorized representative with the requirements of this article and shall be responsible for the information submitted in accordance with the legislation.
4. The Central Election Commission within 3 calendar days since the day of receipt of necessary documents shall issue registration certificates to the authorized representatives or make a reasoned decision on refusal of registration in accordance with this constitutional Law.
5. The authorized representative of a candidate or a political party shall be deemed appointed, shall acquire rights and duties of the authorized representative after the registration and the issuance of registration certificate by the Central Election Commission.
6. (Lost its effect in accordance with the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
7. The authorized representative shall:
1) certify signature sheets when collecting voter signatures in support of the presidential candidate, count the number of signatures and draw up a protocol on the results of signature collection;
2) submit to the relevant election commission signature sheets in support of the presidential candidate, as well as other documents for the registration of the candidate;
3) receive from the respective election commission a confirmation in writing (certificate) of the receipt of signature sheets and other documents;
4) conduct pre-election campaigning and distribute campaign materials;
5) have the right to participate in the draw of lots held by election commissions when determining the procedure for granting airtime to the candidates and political parties;
6) have the right to attend meetings of election commissions on issues related to the candidate or a political party, which has appointed an authorized representative;
7) exercise other powers envisaged in this constitutional Law and powers on behalf of the candidate or a political party.
8. The candidate or a political party may at any time terminate the powers of the authorized representative by notifying in writing the Central Election Commission, which registered the authorized representative.
9. The term of office of the authorized representatives of the candidate or a political party expires from the moment of loss of the status of the presidential candidate, candidate to the position of a deputy of the Jogorku Kenesh, all candidates nominated in the list of candidates by the political party, but not later than the day of official publication of the election returns. The term of office of the authorized representatives on financial issues shall expire 20 calendar days after the date on which the results of the elections are defined.
(In the version of the constitutional Law No 116 dated August 8, 2019)
Article 20. Trustees of the candidates or political parties which nominated the lists of candidates
1. Candidates and political parties shall have the right to appoint a trustee.
2. The registration of trustees shall be carried out by the Central Election Commission on the basis of a written application of a candidate or representation of a political party and a statement of the citizen’s consent to be a trustee. The Central Election Commission issues a standard certificate to the trustee.
3. Deputies of the Jogorku Kenesh, local keneshes, candidates for deputies of the Jogorku Kenesh, local keneshes, persons taking political, special state and political municipal posts, civil and municipal servants, members of election commissions, judges, employees of law enforcement and fiscal bodies, foreign citizens and persons without citizenship cannot be trustees.
4. Trustees shall act within the powers granted to them by the candidates or political parties.
5. The trustees shall have the right:
1) to carry out campaigning and other activities that promote the election of candidates (the list of candidates), to present their electoral programs;
2) to speak at pre-election meetings, meetings with voters, to participate in pre-election debates and discussions;
3) to be present at the meetings of election commissions;
4) to be present at the polling stations during voting, vote counting and summing up of the voting results;
5) to get acquainted with the documents of the election commissions, as well as with the protocols on the results of voting and the election returns;
6) to appeal against the decisions and actions (inaction) of election commissions and be present during the consideration of complaints and applications.
6. The trustees shall not have the right:
1) to interfere in the work of election commissions;
2) to sign for a voter at his / her request in receiving ballot papers as well as fill in ballot paper for a voter;
3) to conduct information TV and radio programs (broadcasts), to participate in election coverage through mass media in the event that they are journalists, creative workers or officials of the editorial offices of these mass media.
7. Candidates and political parties have the right to withdraw their trustees at any time by notifying the Central Election Commission, which will cancel the certificates issued to them. The trustee has the right to resign at any time on his / her own initiative by returning the certificate issued to it to the Central Election Commission and by notifying the political party that appointed him / her.
8. The powers of the trustee shall terminate with the loss of the status by the registered candidates who appointed the trustee or by the candidates included in the list of candidates nominated by a political party.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 21. The status of candidates
1. All candidates shall have equal rights and shall have equal responsibilities except as provided for in this constitutional Law.
2. Since the moment of nomination until the results of elections are determined, a candidate shall suspend his/her office or official powers if he/she is:
1) a state political servant, except for a deputy of the Jogorku Kenesh or the President;
2) a civil servant, regardless of the type of civil service (civil, military, law enforcement, diplomatic);
3) a municipal political servant, except for a deputy of the local kenesh;
4) a municipal servant;
5) a head of a state or municipal enterprise or institution or enterprise with more than 30 % of state (municipal) participation and subdivisions thereof;
6) an employee of the mass media.
3. The heads of state agencies, local self-government bodies, enterprises, institutions, organizations, commanders of military units and other relevant officials of the bodies in which the candidate works or serves shall be obliged, within 3 calendar days from the moment the candidate submits an application or a report, to suspend the execution of his or her official duties while maintaining the average wage at the expense of the institution, enterprise or organization, regardless of the form of ownership.
4. Candidates or their authorized representatives as well as authorized representatives of political parties shall submit to the Central Election Commission a certified copy of relevant orders (instructions) not later than 5 calendar days since the day of nomination of a candidate or a list of candidates.
5. Guarantees of activity of candidates envisaged in paragraphs 9 and 10 of this Article shall enter into force since the moment of registration by the Central Election Commission pursuant the procedure described in Articles 53 and 61 of the present constitutional Law.
6. Rights and guarantees of a candidate envisaged in the present constitutional Law shall exist until the determination of election returns and in case of appeal against the election returns by a candidate - before entry into force of the court decision.
7. A registered candidate shall lose his / her rights and shall be exempted from obligations related to the status of a candidate from the moment of official publication of election returns in the mass media by the Central Election Commission, and from the moment of early withdrawal - since the moment of withdrawal. In case the Central Election Commission appoints a repeated vote, the registered candidates for whose candidatures the repeated vote is not held shall lose their status from the date of appointment of the repeated vote by the Election Commission.
8. A candidate or a political party shall have the right to appoint representatives to election commissions, authorized representatives and trustees pursuant the procedure prescribed by this constitutional Law. In cases envisaged in the present constitutional Law, a candidate or a political party shall be responsible for the actions of their representatives related to the violation of requirements of this constitutional Law.
9. During the elections a registered candidate may not be dismissed from job (position) at the initiative of the administration (employer) or transferred to another job (position) or called for military service without his / her consent.
The time of participation in the elections by a registered candidate is counted as part of the total length of service in the specialty in which he or she worked prior to being registered as a candidate.
10. A registered candidate may not be held criminally liable, detained, arrested or subject to punitive measures imposed by a court of law until the day on which the electoral commission officially announces the election returns in the mass media without the consent of the Central Electoral Commission, except in the event of being detained at the crime scene.
11. In case of early termination of the powers of the deputy of the Jogorku Kenesh, a person, who is next in the registered list of candidates after the outgoing deputy, shall again acquire the rights and obligations related to the status of a candidate before the registration as a deputy of the Jogorku Kenesh by the Central Election Commission.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 21-1. Inadmissibility of abuse of the administrative resource.
1. Abuse of administrative resource is the illegal use of human, financial, material, media and institutional resources by candidates, officials, heads of state and municipal institutions, members and founders of mass media and Internet publications during the elections resulting from their control over state civil and municipal servants or employees of state, municipal enterprises, institutions and enterprises with a share of state (municipal) participation of over 30 %, over finances and their distribution which can transform into political or other forms of support to candidates, political parties and violate the equality of all candidates.
2. The following can be referred to as the abuse of administrative resources:
1) the attraction of persons subordinated or otherwise dependent in their service, other civil or municipal servants, the employees of state or municipal educational institutions and health care facilities to carry out activities that contribute to the nomination and / or election of the candidate;
2) the use of premises occupied by state agencies or local self-government bodies for carrying out activities facilitating nomination and / or election, in the event that other candidates cannot use the same premises on the same conditions;
3) the use of telephone, facsimile and other types of communication, information services, office equipment that ensure the functioning of state agencies or local self-government bodies for activities that promote nomination and / or election;
4) free or preferential use of vehicles in the state or municipal property for activities that promote nomination and / or election;
5) collecting signatures, election campaigning by civil servants or municipal servants during business trips;
6) preferential access (compared to other candidates) to the mass media for the purposes of signature collection or election campaigning;
7) campaigning during a mass (public) event organized by the state agencies and / or local authorities;
8) the publication of reports on the work done during the election campaign in the mass media or in printed promotional materials, distribution of congratulations and other materials on behalf of the candidate and not paid from the relevant election fund.
3. Candidates having state and municipal positions, as well as positions of heads of state and municipal enterprises, institutions, enterprises with more than 30 percent of state (municipal) participation and their subdivisions, may not use the advantages of official or service position and other types of administrative resources.
Persons who are not candidates and take state and municipal positions, as well as the positions of heads of state and municipal enterprises, institutions, enterprises with more than 30 percent of state (municipal) participation and their subdivisions, may not use the advantages of official or service position and other types of administrative resources in order to nominate or elect a candidate.
4. Compliance with the restrictions listed in paragraph 2 of this Article shall not prevent officials from fulfilling their official duties.
5. The heads, the members of the board and the founders of mass media and internet publications, journalists, other creative workers of organizations that produce mass media, in the event that these persons are trustees or authorized representatives of a candidate or a political party, shall not be allowed to participate in the coverage of election campaign through mass media.
6. Persons who violate the provisions of this article shall bear criminal or other liability envisaged in the law.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Chapter 5. Informational support to elections.
Article 22. Voter information and election campaigning.
1. Information support to elections includes voter information, election campaigning and promotes informed and free expression of the will of citizens and the publicity of elections.
2. Voter information is provided by the state agencies, local self-government bodies, election commissions, mass media, legal entities and individuals in accordance with this constitutional Law and the acting legislation. State agencies, local self-government bodies, election commissions are responsible for the timeliness and reliability of information provided to citizens.
The election commissions take necessary special measures to inform voters with disabilities.
For this purpose the information materials shall be prepared in audio-, video- (digital media) format with the use of sign language translation or subtitling, printed in an enlarged font convenient for reading, as well as in Braille or other special means for voters with disabilities.
2-1. 75 calendar days before the voting day the Central Election Commission shall be obliged to inform voters about the need to familiarize themselves with the voter lists, to clarify their data in the voter lists through the media and other available means. State TV and radio organizations, other TV and radio organizations funded from the republican budget and TV and radio organizations included in the social package of digital broadcasting shall be obliged to provide sufficient amount of free airtime to the Central Election Commission to inform voters about the need to check themselves in the voter lists, about the procedure of participation in the voting, about the results of the voting, about the stages of the election campaign and other aspects of the election process.
Voters are informed about nominated and registered candidates, about the receipt and spending of funds from the election fund of a candidate and a political party, financial reports of candidates and political parties in the election funds by the Central Election Commission.
2-2. A candidate or a political party, not later than 5 days since the date of registration of candidates or lists of candidates shall publish their election program in at least one republican periodical printed publication, as well as post it on their official website. A copy of the printed publication with the published election program of a candidate or a political party shall be presented to the Central Election Commission.
3. The content of information materials placed in mass media or otherwise distributed must be objective, reliable, not violate the equality of candidates or political parties and not give preference to any candidate or a political party.
In news TV and radio programs, publications in periodicals (regardless of their form of ownership) information about registered candidates and political parties, reports on the pre-election events conducted by candidates and political parties should be given in a separate information block and without comments. Such information blocks are not paid for by candidates, authorized representatives on financial matters and political parties. They must not give preference to any candidate or a political party and must not discriminate against any candidate or a political party, including the time of coverage of their election activities, the amount of airtime or printed space allocated for such publications.
4. Publication (coverage) of the results of opinion polls related to elections is a form of informing the voters. Publication of opinion poll results must meet the requirements of part 5 of this article.
5. In publishing (covering) the results of the opinion polls related to elections, the mass media, Internet publications, citizens and organizations that carry out the said publication (coverage) shall be obliged to specify the organization or individual that conducted the opinion poll, the time of its conducting, the number of respondents (sampling), the method of collecting the information, the region where the poll was held, the exact wording of the question, the statistical evaluation of the possible error and the person who ordered the poll and paid for its publication.
6. During the last 5 calendar days prior to the voting day, as well as on the voting day, the publication (coverage) of the results of opinion polls, forecasts of election returns and other research related to the elections in mass media or online publications shall not be allowed.
7. Failure to comply with the requirements of parts 5 and 6 of this Article in publishing (coverage) of the results of public opinion polls shall entail the recognition of materials containing such information as campaigning and shall result in liability envisaged in the acting legislation.
8. During the elections the state shall ensure free campaigning to the citizens of the Kyrgyz Republic, candidates and political parties in accordance with the present constitutional Law and the laws of the Kyrgyz Republic.
9. The citizens of the Kyrgyz Republic, the candidates and political parties shall have the right to campaign for participation in elections, for or against any candidate, a list of candidates, freely and comprehensively discuss election programs of candidates or political parties.
Campaigning may be conducted at meetings, rallies, through the mass media as well as via online publications. Forms and methods of campaigning should comply with the legislation of the Kyrgyz Republic.
To conduct campaigning, state agencies and local self-governance bodies at the expense of the republican budget shall provide premises that meet all the requirements for holding meetings, provide places or areas for displaying campaign materials.
10. The following shall be recognized as the election campaigning:
1) calls to vote for certain candidates, the list of candidates or against them;
2) expression of preference for certain candidates or political parties;
3) description of possible consequences of election or non-election of candidates or a list of candidates;
4) dissemination of information on the activity of candidates not related to their professional activity or performance of their official (job) duties.
11. During the election campaign, the citizens of the Kyrgyz Republic and political parties shall have the right to campaign, which requires funding, only upon the agreement of the candidates or the political parties that nominated the lists of candidates and through their election funds.
12. Candidates and political parties shall be guaranteed equal conditions in their access to the mass media.
13. Campaigning during the elections may take place:
1) through mass media;
2) by public events (rallies, meetings, television debates), except for concerts and theatrical performances in stadiums and streets of settlements, as well as sports events;
3) by production and distribution of printed, audiovisual and other promotional materials;
4) in other forms not prohibited by the present constitutional Law.
14. Candidates and political parties shall have the right to independently determine the form and nature of their campaigning through the mass media.
15. Civil and municipal servants, persons taking state political posts, except for deputies of the Jogorku Kenesh, special state and political municipal positions, except for the deputies of the local keneshes, members of election commissions, observers, international observers, religious figures, founders and members of organizations engaged in charitable activities, persons under 18 years of age, foreign citizens and organizations, stateless persons shall not have the right to campaign, to issue and distribute any campaigning materials.
16. Conducting election campaigning in foreign mass media distributed on the territory of the Kyrgyz Republic shall be prohibited. During the elections, retransmission of foreign television and radio programs shall be pre-recorded. It is prohibited to retransmit television and radio programs disseminating information that disgrace the honor, dignity and business reputation of candidates and political parties. In such cases, the local media shall be liable for disseminating such information.
17. Journalists, other creative workers and officials of the editorial offices of the media shall be prohibited from broadcasting news television and radio programs and from participating in election coverage through these media and Internet publications, in the event that these persons are the founders of these media outlets or owners of an Internet publication and are simultaneously candidates or their representatives in accordance with this constitutional Law. This rule does not apply to the campaigning speeches of the said persons when the candidates use free airtime on the channels of state and local television and radio organizations in accordance with Article 24 of this constitutional Law.
18. Mass media or Internet publications whose founders (co-founders, owners) are state agencies and local self-government bodies or their subordinate institutions and enterprises which are financed in full or in part from the republican or local budget, as well as mass media which have privileges on payment of taxes and mandatory disbursements in comparison with other mass media, shall be obliged to provide candidates and political parties with equal opportunities to conduct pre-election campaigning.
19. The mass media and Internet publications, which are not covered by paragraph 18 of this Article, shall have the right to provide airtime, print space to candidates and political parties on a contractual basis in accordance with the instructions on the procedure for providing airtime to candidates and political parties on the channels of TV and radio organizations, print space in periodicals approved by the Central Election Commission.
The amount of payment for the provision of airtime, publication in periodicals or online publications must be the same for all candidates and political parties.
20. During the elections, the information on the amount and other terms of payment for the provision of airtime, print space or the right to publish in an online publication must be submitted to the Central Election Commission by the relevant TV and radio broadcasting organization, the editorial board of the periodical printed publication, the owner of the online publication no later than 20 calendar days since the date of official publication of the decision on the appointment of elections for accreditation purposes. Submitted information is published by the Central Election Commission on its official website for public awareness not later than 25 days since the date of official publication of the decision on the appointment of elections.
(In the version of the constitutional Laws of the Kyrgyz Republic No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 23. Time frame for the pre-election campaigning.
1. The campaigning begins on the day when the deadline for registration of all candidates and lists of candidates is over and ends 24 hours before the beginning of voting.
2. In case of repeated vote the pre-election campaigning is resumed from the moment when the decision on appointment of repeated vote is made and stops 24 hours before the beginning of repeated vote.
3. Printed campaign materials (leaflets, posters, billboards and other materials), previously placed outside the buildings and premises of election commissions, shall be kept on the day of voting in the same places.
Article 24. Pre-election campaigning on TV and radio.
1. Candidates and political parties that have nominated lists of candidates shall have the right to free airtime on the channels of TV and radio organizations that are subject to paragraph 18 of Article 22 of this constitutional Law and which broadcast on the territory where elections are held. The indicated airtime shall be during the period when the TV and radio programs gather the largest audience i.e. from 8 PM to 12 PM.
2. The total amount of free airtime, allocated by the state TV and radio organization for campaigning during the elections of the President and the deputies of the Jogorku Kenesh, must be at least one hour on working days. The said free airtime shall be distributed on an equal basis between the registered candidates and political parties that nominated lists of candidates who appeared at the broadcast.
3. At least one half of the total amount of free airtime shall be given to candidates and political parties that have nominated lists of candidates, exclusively for joint debates and other similar campaigning activities. All candidates and political parties must be allowed to use this share of free airtime on an equal basis.
Registered candidates, including candidates from the registered list of political parties, should participate only in person in joint campaigning events (debates and other similar events) on the channels of TV and radio organizations broadcasting on the entire territory of the Kyrgyz Republic.
Representatives and support groups of a registered candidate or a political party shall not be allowed to participate in such events.
In the event that one refuses to participate or do not come to a joint campaigning event, airtime at another time shall not be available.
4. The TV and radio companies subject to paragraph 18 of Article 22 of this constitutional Law, taking into account the level of elections, shall be obliged to reserve paid broadcast time for campaigning by the candidates and political parties. The said time shall be provided on the basis of a paid contract to the respective candidate or a political party at their request. The total amount of reserved paid airtime shall not be less than the total amount of free airtime, as well as the fee shall be for all candidates and political parties the same. However, each candidate or a political party shall have the right to get the airtime from the total amount of reserved airtime within the limits of the share received by dividing this amount by the total number of candidates or political parties.
The cost of paid airtime allocated to candidates or a political party, may not exceed the cost that was charged 6 months before the date of calling the elections.
5. Interrupting candidates or representatives of political parties or giving any comments shall be prohibited.
6. Regulation of the procedure for allocating airtime to candidates or political parties on the channels of TV and radio companies covered by paragraph 19, Article 22 of this constitutional Law shall be prescribed by the legislation of the Kyrgyz Republic.
7. Regardless of their form of ownership, TV and radio companies, which provided airtime to candidates or political parties, shall be obliged to provide the other candidates or political parties with airtime on the same conditions (equal price, time for broadcasting, volume of time and other conditions).
8. The procedure, volume and time of radio and TV programs, intended for election campaigning, shall be established by election commissions upon agreement with the management of TV and radio companies and shall be distributed with respect to the principle of equality between candidates or political parties.
9. Not later than 3 calendar days before the day of drawing the lots the Central Election Commission shall inform the registered candidates and political parties that have nominated the lists of candidates about the date, time and place of the drawing of lots and shall register the applications received from them to participate in the drawing of lots in order to get free airtime and print space.
The drawing of lots, which determines the date and time of free airing of pre-election campaigning materials of registered candidates or political parties as well as joint campaigning activities on channels of state TV and radio companies, shall is held by the Central Election Commission with the participation of representatives of the respective TV and radio companies. The drawing of lots shall be held upon completion of registration of candidates, but not later than 35 calendar days before the day of voting, and in case of repeated voting - not later than one day after the day of scheduling the repeated voting. The results of the drawing of lots are reflected in the minutes. The schedule of airtime distribution determined by drawing of lots shall be approved by decision of the election commission and shall be published in state periodicals accordingly.
The procedure for organizing and holding debates shall be approved by the Central Election Commission.
10. TV and radio companies and editorial offices of periodicals (regardless of their forms of ownership) which provided airtime or print space to registered candidates and political parties which nominated registered candidates, shall be obliged to keep separate records of their volume and cost in accordance with the forms and procedures of such records established by the Central Election Commission. The data of this record every 10 days during the pre-election campaign and within 10 days after the voting day shall be submitted to the Central Election Commission.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 25. Conducting election campaigning through printed media and Internet publications.
1. Periodical print media, as well as internet publications subject to paragraph 18 of Article 22 of this constitutional Law and distributed on the territory where elections are held, except for publications established by state agencies and bodies of local self-government exclusively for publication of official communications and materials, normative and other acts, shall on equal terms allocate free printed or respectively electronic space for materials provided by candidates in the size of at least one A4 page. Specialized printed or online publications (children’s, technical, scientific, etc.) shall be allowed to refuse to publish any campaign materials on the condition of complete non-participation in the election campaign in whatever form.
2. Printed or Internet publications, regardless of their form of ownership, which have provided printed or electronic space to candidates or political parties, shall be obliged to provide printed or electronic space to other candidates or political parties on the same conditions (equal prices, volume and other conditions). In this case, the cost of printed or electronic space should not exceed the cost was charged 6 months before the day of calling of elections.
(In the version of the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017)
Article 26. Electoral campaigning by holding mass events.
1. State agencies and bodies of local self-government shall be obliged to assist candidates or political parties in organizing assemblies and meetings with citizens, public debates and discussions, rallies, demonstrations and processions and ensure security during the mass events.
2. Applications from candidates and political parties on the allocation of premises owned by the state or municipal authorities for meetings with voters shall be considered by the state and local authorities upon their submission.
In the event that a candidate or a political party are refused to be provided premises for meetings with voters, state agencies and local authorities must issue a reasoned written decision on the refusal.
In the event that the said premises were given to one of the candidates or one of the political parties for holding mass events, the refusal to give the same premises to another candidate or another political party shall not be allowed.
3. Premises owned by the state or municipal authorities and those on the balance sheets of state enterprises, institutions and organizations shall be provided for meetings of candidates, the representatives of political parties, their trustees, the authorized representatives with voters on equal terms.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 27. Production and dissemination of printed, audiovisual and other campaigning materials.
1. Candidates and political parties shall have the right to issue and distribute printed, audiovisual and other campaigning materials in accordance with the procedure established by the legislation of the Kyrgyz Republic. It is prohibited to produce campaigning materials outside the Kyrgyz Republic. Printed and other campaign materials or copies thereof must be submitted to the Central Election Commission.
Candidates and political parties shall be obliged to publish and distribute campaigning materials with the use of sign language translation or subtitling, printed in an enlarged font that is easy to read, as well as with the use of Braille or other special means for voters with disabilities, in an amount not less than one percent of the total volume of such materials.
2. All printed and other campaigning materials should contain the name and address of the organization (family name, name, patronymic and the address of the place of residence of the person) who manufactured the campaigning materials; (name of the organization or the individual entrepreneur) who ordered the production of campaigning materials, information about the circulation and the date of their release, information about the payment for their production from the election fund; as well as the family name, name and patronymic of the candidate or the name of the authorized representative of the political party who paid for the order. Distribution of campaigning materials which do not contain this information shall be prohibited.
Production of election campaigning materials without prior payment from the relevant election fund and in violation of the requirements set forth in this Article shall be prohibited.
The bodies of local self-government shall be obliged within 10 calendar days from the date of calling of elections to assign and equip special places at each polling station for displaying campaigning materials. Candidates and political parties shall be provided with equal conditions for displaying campaigning materials. The places for displaying campaigning materials should be convenient for voters to visit and should be located in such a way that voters can familiarize themselves with the information displayed. Registered candidates or the lists of candidates should be provided with equal space for displaying printed campaigning materials. The allocated area should be sufficient for placing information materials of election commissions and printed election campaigning materials of candidates or political parties. Candidates or political parties shall have the right to receive from the relevant territorial election commission the list of places allocated for the display of printed campaigning materials.
4. It is prohibited to display campaigning materials on monuments, obelisks and buildings of historical, cultural or architectural value, in the premises of election commissions, at their entrances and voting halls.
The use of green areas, trees, slopes and peaks of mountains and hills, other natural uplands for the display of campaigning materials in any form shall not be allowed.
5. The bodies of local self-government shall be obliged within 10 calendar days after publication of the election returns to ensure cleaning of the respective territories from campaigning materials.
6. The Election Commission informed about the distribution of forged campaigning materials or campaigning materials containing the information specified in paragraph 2 of this article, shall take measures to terminate these activities and shall have the right to apply to the relevant law enforcement and other agencies with a submission on the termination of illegal campaigning activities and confiscation of illegal materials.
7. (Lost its effect in accordance with the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
8. The requirements of part 2 of the present Article shall not apply to election campaigning over the radio.
(In the version of the constitutional Laws of the Kyrgyz Republic No 116 dated August 8, 2019; No 96 dated June 5, 2017)
Article 28. Inadmissibility of abuse of the right of conducting election campaigns.
1. Electoral Commissions shall control the compliance with the established procedure of election campaigning and shall take measures to remove detected violations.
2. During the election campaign it is not allowed to abuse the freedom of the mass media: i.e. the propaganda of national, ethnic, racial, religious or interregional hatred, gender and other social superiority calling for discrimination and hatred; calls for the seizure of power, violent change of the constitutional order and violation of the integrity of the state; propaganda of war. The same applies to the holding of public events with the state and political figures of other countries with the coverage in the mass media; using photo and video materials with the state and political figures of other countries as well as other forms of abuse of the freedom of media prohibited by the legislation of the Kyrgyz Republic.
3. Since the moment of calling of elections it is prohibited to bribe the voters: to pay money; to give gifts and other material values; to carry out preferential sale of goods; to distribute free of charge any goods, except for printed campaigning materials, badges, T-shirts, headdresses, scarves, containing the symbols of the political party that nominated the list of candidates, the image of the candidate in accordance with the list approved by the Central Election Commission; to deliver services free of charge or on the preferential terms.
The payment for work performed within the framework of an employment relationship formalized in writing between a candidate or a political party and a contractor paid from the election fund of a candidate or a political party shall not be considered a bribe.
4. Candidates, their close relatives, spouses, representatives of candidates and a political party shall not be allowed to be engaged in charitable activities from the moment of calling the elections until the publication of election returns.
5. Candidates, their representatives, representatives of political parties, mass media and other persons while participating in election campaigns should not allow publications based on knowingly false information and damaging the honor, dignity or business reputation of candidates or political parties. The mass media and internet publications that allowed such publications, upon the request of a candidate or a political party shall be obliged to provide free of charge an opportunity to publish a refutation or an explanation to an article or speech that is not true or distorts it. Refutations or explanations shall be published on the same page, in the electronic space and in the same font as the information on which the refutation or explanation is given, in periodicals - in the next issue, in Internet publications - on the day of the receipt of the refutation or explanation, on television or radio - in the broadcast of the day following the day of receipt of the refutation or explanation. To make a refutation or other explanation public, airtime must be provided to the candidate or a political party at the same time as the day the original information was made public, and the volume of airtime should be at least the same as provided for the presentation of the original information but no less than two minutes.
6. A candidate or a political party may not use the airtime, printed materials, areas allocated for campaigning on the channels of the TV broadcasting companies provided to them for placement of campaigning materials for the following purposes:
1) dissemination of calls to vote against the candidate(s) or a political party;
2) descriptions of possible negative consequences in case a certain candidate is elected;
3) dissemination of information, where information about a candidate(s), a political party that nominated a registered candidate, in combination with negative comments obviously prevails;
4) dissemination of information that contributes to the creation of a negative attitude of voters towards the candidate or a political party which nominated the registered candidate.
7. Failure to provide a candidate of a political party with an opportunity to publish before the end of the election campaign a refutation or other explanations in defense of their reputation in the mass media or Internet publications within the terms established by paragraph 5 of this Article, if these mass media of Internet publication published information that can damage the reputation of a candidate or a political party, can be the basis for bringing mass media of Internet publications to account according to the legislation of the Kyrgyz Republic and depriving them of the accreditation of the Central Election Commission.
Payment for advertising of commercial and other activity not related to the elections using the names or images of candidates, as well as advertising using the names, emblems and other symbols of the political parties that have nominated candidates during the election campaign, shall be made only from the respective election fund. On the voting day and the day preceding the voting day, such advertising, including advertisement paid for from the election fund, shall not be allowed.
8. In case of violation by a candidate or a political party, as well as their representatives, mass media, Internet publications of the requirements of paragraphs 2, 3, 5 and 6 of the present Article, election commissions, voters, a candidate, a political party, as well as their representatives as well as the mass media shall have the right to apply to law enforcement agencies or a court for termination of illegal campaigning activity and bringing the guilty persons to account in accordance with the procedure established by the present constitutional Law and the acting legislation.
The law enforcement agencies must take measures to terminate illegal campaigning activities and immediately inform the relevant election commission of the identified facts and the measures taken.
9. The Central Election Commission shall control the observance of the established procedure for election campaigning and shall take measures to eliminate the violations. In the event that a candidate or a political party violate the requirements set forth in Articles 22-28 of the present constitutional Law, the respective election commission shall have the right to issue a written warning regarding the violation. In case of repeated violation (two or more times) of rules of election campaigning established by the present constitutional Law by a candidate or a political party, the relevant election commission shall have the right to bring them to account in accordance with the legislation of the Kyrgyz Republic.
In the event that the rules of conducting election campaign, specified in paragraph 2 of this Article are violated which is confirmed by the conclusion (act) of an authorized state agency, the Central Election Commission shall have the right to make a decision on cancellation of registration of a candidate or a list of candidates.
In the event of dissemination of fake printed, audiovisual and other campaign materials in violation of the requirements of this constitutional Law, as well as in the event of violation of the procedure for election campaigning established by this constitutional Law by the TV and radio broadcasting company, the editorial board of the periodical printed edition, the editorial board of the network publication, the Central Election Commission shall be obliged to apply to law enforcement agencies, the court or the authorized state agency in the area of information policy, including electronic and mass communications, information technology and communications, with a representation to terminate illegal campaigning activities, confiscation of illegal campaigning materials and bringing the TV and radio broadcasting company, the editorial staff of periodicals, the editorial staff of network publications, their officials and other persons to account in accordance with the law.
10. The law enforcement and other agencies shall be obliged to take measures to prevent illegal campaigning activities, prevent the production of forged and illegal pre-election printed, audiovisual and other campaigning materials and to confiscate them, to identify the manufacturers of the materials in question and the source of their payment and to immediately inform the relevant election commission and the commission of the referendum of the facts identified and the measures taken.
(In the version of the constitutional Laws of the Kyrgyz Republic No 116 dated August 8, 2019)
Chapter 6. Organization and procedure of voting.
Article 29. Voting hall (premises).
1. The voting hall shall be provided by the state agencies and bodies of local self-government to the precinct election commission free of charge.
2. The voting hall shall have specially equipped booths equipped with a lighting system and provided with stationery, monitors, other necessary equipment and ballot boxes.
The lighting system should have an alternative power supply source, lanterns and candles. In the event of a power failure, voting shall be suspended until the lighting is restored (via the main or alternative source). In this case, in order to effectively monitor the activity of the precinct election commission, the distance between observers, the representatives of candidates or political parties and the ballot boxes and voting booths shall ensure full observation of the actions of the election commission and the performance of their functions.
3. The election commission shall equip the voting hall with a stand where information materials about all candidates and political parties that have registered the lists of candidates are displayed. The said materials should not contain campaign calls. Samples of filled ballot papers that should not contain the names of registered candidates or the names of political parties shall be also displayed on the stand.
In order to inform the voters with impaired sight, materials in large font and / or Braille shall be displayed on the information stand.
4. The voting hall shall be equipped in such a way that the places of ballot issuance, booths, monitors, other necessary equipment and ballot boxes are simultaneously visible to the members of the election commission, the representatives of candidates or political parties as well as the observers.
The voting hall shall be equipped with a monitor in a place accessible for visual control by the observers, the representatives of candidates or political parties.
5. The voting hall shall meet the requirements of voters with disabilities for free entry and voting, including convenient access and pedestrian paths, special places for personal vehicles parking, location of voting halls on the ground floors of buildings or availability of elevators, wide doors openings, availability of ramps (if it is impossible to install a ramp with a help call button), decking, tactile signs and sufficient lighting.
Equipment in the voting hall (tables, booths and ballot boxes) as well as information stands should be located taking into account accessibility and the need to ensure the secrecy of voting. Voting booths should meet the parameters that allow voters using a wheelchair to enter freely and be equipped with optical correction devices (magnifying glasses, backlit magnifying glasses, etc.), additional lighting, a chair or a special stencil.
6. In order to ensure conditions for implementation of electoral rights of voters with disabilities, ensure the maximum possible availability of the voting hall, the corresponding election commission jointly with the territorial subdivisions of the authorized state agency in the area of social development shall make a map of needs of voters with disabilities not later than 60 calendar days before the voting day.
The relevant election commission on the basis of the map of needs no later than 50 calendar days prior to the voting day shall organize the check of voting premises in terms of their compliance with the needs of voters with disabilities indicated in the map of needs, with the involvement of local governments and representatives of public organizations of persons with disabilities.
If the voting hall is not equipped with special devices for the entrance of voters with disabilities, the relevant election commission no later than 40 calendar days before the election shall send a request to the relevant bodies of local self-government to take measures to ensure accessibility of the voting hall for persons with disabilities.
Bodies of local self-government, as well as their officials, shall be obliged to immediately take appropriate measures in the event of a request from an election commission. Failure to comply with a request of an election commission shall entail the liability envisaged in the law.
(In the version of the constitutional Laws of the Kyrgyz Republic No 116 dated August 8, 2019; No 88 dated April 23, 2015; No 96 dated June 5, 2017)
Article 30. Ballot paper.
1. To participate in the voting, a voter shall receive a ballot paper, which is a document of strict reporting. The form and degree of its protection shall be defined by the Central Election Commission. The number of ballot papers cannot exceed the number of registered voters by more than 0.1 percent.
(Paragraph 2 lost its effect in accordance with the constitutional Law of the Kyrgyz Republic No 88 dated April 23, 2015)
2. The text and form of the ballot paper shall be approved by the Central Election Commission not later than 25 calendar days before the voting day. The text of the ballot paper shall be placed only on one side.
3. During presidential elections the ballot paper contains the surname, first name, patronymic name, year of birth of the candidates in the order determined by drawing of lots.
4. During the elections of deputies to the Jogorku Kenesh, the ballot paper shall contain the names of political parties in the order determined by lot.
5. To the right of the information about candidates and names of political parties specified in parts 3 and 4 of this article an empty square shall be printed. At the end of the list of candidates, political parties, the line “Against all” shall be placed with an empty square to the right of it.
6. The ballot papers shall be printed in the state and official languages no later than 10 calendar days before the voting day. Each ballot paper should contain an explanation of the procedure of filling it, the information on its manufacturer and the circulation. The ballot paper should be printed on paper, the density of which does not allow seeing the voter’s mark on the back side of the ballot paper.
The polling stations shall be equipped with special stencils for filling of ballots by persons with disabilities, including ballots papers in Braille.
7. After the rejection of defective ballots the printing house transfers the ballots under the act to the members of the Central Election Commission. After the transfer of ballots in the presence of at least 3 members of the Central Election Commission, in the presence of representatives of candidates, political parties, representatives of the printing house, the mass media, the law enforcement agencies the rejected and extra ballots are destroyed and an act is drawn up to be signed by all persons present.
8. The Central Election Commission shall hand over the ballot papers to the territorial election commissions under the act in the presence of at least half of the members of the territorial election commission. Representatives of candidates, political parties, non-commercial organizations and mass media shall have the right to be present at the handover of ballot papers.
Territorial election commissions hand over ballot papers to the precinct election commissions under the act in the presence of at least half of the members of the precinct election commission. Representatives of candidates, political parties, non-commercial organizations and mass media shall have the right to be present at the handover of ballot papers.
9. The handover of ballot papers to the respective territorial election commissions shall be carried out 10 calendar days before the voting day, in case of repeated voting - 5 calendar days before the voting day, and to the precinct election commissions – one or two calendar days before the voting day. The number of ballot papers handed over to the precinct election commission should not exceed the number of voters included in the voter lists for the polling station by more than 0.1 percent.
The ballot papers are signed by the chairperson and the secretary of the precinct election commission with the appropriate stamp of the election commission.
10. In the event of withdrawal of candidates or lists of candidates after the manufacturing of the ballot papers, the precinct election commissions shall cross out the data on the respective candidates or lists of candidates in the ballot papers. Crossing out is done by a straight line on the lines of recording all data on a candidate, a political party and should be done only with a ballpoint pen. In this case, the crossing line should also capture the empty square placed to the right of the line with the data about a candidate or a name of a political party.
11. The room where the ballot papers, voter lists and other electoral documents, the seal of the relevant election commission, are kept in a special safe (closet), shall be sealed and handed over to the internal affairs agencies. On the voting day the safe (closet) should be located inside the premises of the polling station where the voting takes place.
12. It is prohibited to take out ballot papers from the premises of printing houses or electoral commissions, as well as to copy and distribute them in violation of the requirements of the present constitutional Law.
(In the version of the constitutional Laws of the Kyrgyz Republic No 116 dated August 8, 2019; No 88 dated April 23, 2015; No 96 dated June 5, 2017)
Article 31. Voting procedures.
1. Voting on the day of elections shall be held from 8 AM to 8 PM. Precinct election commissions shall be obliged to notify voters about the time and place of voting not later than 10 calendar days before the voting day through the mass media or otherwise, and in case of early and repeated voting - not later than 7 calendar days before the voting day.
On the voting day, at 7 AM, a precinct election commission at its meeting in the voting hall shall draw lots to determine the members of the commission who will:
- control the work of the operator on the voting day and together with him / her identify citizens in the electronic voter list;
- carry out registration of citizens in the paper voter list;
- issue ballot papers;
- control the passage of voters to the voting booths for secret voting and dropping ballots in the ballot boxes.
The chairperson and the secretary of the precinct election commission shall not participate in the drawing of lots.
The chairperson of the precinct election commission in the presence of the members of the commission, the representatives of candidates, the political parties and observers shall open a sealed safe (closet) where the list of voters of this precinct and the seal of the precinct election commission, as well as documents on the results of voting outdoors are kept, takes out of the safe (closet) a paper list of voters, other necessary equipment with an electronic list of voters, enables visual inspection of those present and comparison of the paper and electronic voter lists, then distributes it to the members of the precinct election commission who are responsible for registering voters and filling out the paper voter list on the day of voting.
The chairperson of the precinct election commission presents for inspection empty ballot boxes, which are stamped (sealed) with the seal of the precinct election commission to the members of the precinct election commission, as well as observers present, the representatives of candidates, the political parties, the media. Then the chairperson of the precinct election commission shall put in the sealed boxes control lists which indicate the number of the polling station, time of putting down control lists in the ballot boxes, names of the chairperson, the secretary and other members of the precinct election commission, present candidates, representatives of candidates or political parties who nominated the lists of candidates. Control lists are signed by these persons and certified by the stamp of the precinct election commission.
The Chairperson of the precinct election commission shall announce the number of ballot papers received from a higher election commission and given for voting outdoors. The members of the precinct election commission in the presence of the representatives of the candidates, political parties and observers shall recount and announce the number of the ballot papers, then the chairperson of the precinct election commission shows them to the persons present for visual familiarization and shall record the number of the ballot papers received by the precinct election commission from the higher election commission in the report on the results of the vote and in its enlarged form.
After recounting the ballot papers, the chairperson of the precinct election commission hands over 100 ballot papers according to the list to each member of the precinct election commission who sign for their receipt and are responsible for handing out the ballot papers.
2. In the voting hall the members of the precinct election commission jointly with operators identify voters by his biometric and personal data using identification equipment. The identification of a voter must be carried out at a distance and in conditions that allow the observation of the procedure of identification of the voter and the monitor by the representatives of candidates, political parties and observers.
The identification of the voter by his biometric and personal data shall not require the consent of the voter.
In this case, the monitor that is visible to representatives of candidates and political parties as well as the observers displays the following information:
- the total number of citizens included in the voter list at a given polling station;
- the number of voters who passed identification and received an identification receipt at this polling station at the given moment;
- the photo of the voter who is passing the identification;
- other information determined by the Central Electoral Commission jointly with the authorized state agency, according to the technical possibilities of the equipment.
After the identification of the voter a receipt is printed out. The receipt shall be presented by the voter to the member of the precinct election commission who gives him / her a ballot paper in exchange for the receipt.
Each case when the equipment refuses to identify a voter who is on the final voter list for that polling station and fails to issue an identification receipt, if all repeated identification measures have failed, the member of the election commission responsible for the control of the identification process shall inform the chairperson and then draw up the Act of the equipment failure in two copies. This Act shall be signed by the member of the election commission responsible for the control over the identification process, the operator and the voter. One copy shall be handed over to the voter, while the second copy shall remain with the election commission, which, after the official publication of the election returns, shall send these acts to the relevant state agencies for taking measures. A voter in such case shall not be allowed to vote.
In case a voter receives a ballot paper without a receipt, a corresponding member of a precinct election commission shall be liable in accordance with the law.
The information on the number of voters is submitted to the territorial election commission every 2 hours, the system administrator of the territorial election commission shall input and automatically publish the received data on the official website of the Central Election Commission. Final data on the number of voters, based on the number of issued receipts, shall be handed over to the Central Election Commission immediately after the closure of the polling stations, but before the opening of the ballot boxes.
3. While issuing ballot papers, a member of the precinct election commission, determined by drawing of lots, registers a voter in a paper voter list, puts a series and number of the voter identification document and signs it on issuing a ballot paper.
4. Each voter shall vote in person, voting for other voters is not allowed.
5. Ballot papers are given to the voters included into the voter list upon presentation of the voter identification document.
6. A voter verifies that the record is correct and signs it in the paper voter list.
7. A ballot paper shall be filled by a voter in a specially equipped booth or other specially equipped place where no other person is allowed to be present. A specially equipped booth or a specially equipped place shall be installed or made taking into account the secrecy of the voter will when filling in the ballot paper and the possibility of control over the voting by the members of the election commission and observers. The ballot boxes shall be located no more than one and a half meters from the nearest specially equipped voting booth so that persons present in the voting room shall not be able to recognize the mark on the ballot paper.
8. A voter shall place a mark on the ballot paper in the box relating to the candidate or the political party for which the decision is made or the position “Against All”.
9. In the event that a voter believes that he / she made a mistake when filling a ballot paper, he / she shall have the right to address the member of the precinct election commission who has issued the ballot paper with a request to give him / her a new ballot paper instead of a defective one. The member of the precinct election commission shall give him a new ballot paper, making a corresponding note in the voter list against the name of the given voter. A defective ballot paper shall be cancelled and the relevant act is drawn up.
10. A voter who is not able to independently sign for the receipt of a ballot paper, fill in a ballot paper, shall have the right to get the assistance of another voter who is not a member of the election commission, a candidate, a representative of the candidate, a political party or an observer for this purpose. In this case a voter verbally informs a precinct election commission of his / her intention to take advantage of the help of another person.
A person appointed at the request of a voter who is unable to sign for the receipt of a ballot or to fill in a ballot shall be obliged to act in full compliance with the will of the voter.
11. Filled in ballot papers are put by voters into sealed (stamped) ballot boxes. It is forbidden to take a ballot paper out of the voting hall. The presence of other persons near the voting box shall be prohibited, except for the cases when at the request of a voter who finds it difficult to put the ballot paper into the automatic reading ballot box, one of the members of the election commission or a technical specialist can be invited. Persons in the voting hall may not close the view or otherwise interfere with the observation of the ballot box.
12. The chairperson of the precinct election commission shall supervise the order in the voting hall. In cases of violation of public order in the voting hall, the chairperson of the precinct election commission shall have the right to ask the law enforcement officials for help in order to ensure public order in the voting hall, while the law enforcement officers after establishing the order should leave the voting hall. Orders of the chairperson of the precinct election commission, given within the limits of his authority and not violating the rights of the participants in the election process, shall be binding for all persons present in the voting hall. In the absence of the chairperson of the precinct election commission his powers are executed by the secretary of the precinct election commission or another member of the commission authorized to do so.
Admission to the voting hall should be in such a way that there is no crowding of voters preventing the observers of candidates or political parties.
13. A member of the precinct election commission shall be immediately suspended from participation in its work, and the observer and other persons shall be removed from the voting room in the event that they attempt to obstruct the work of the election commission or the exercise of the electoral rights by a citizen of the Kyrgyz Republic as well as to violate the secrecy of voting. The decision of the precinct election commission is made in writing. The commission shall have the right to apply to the relevant agencies with a view to bring such persons to account in accordance with the legislation of the Kyrgyz Republic.
14. State agencies, bodies of local self-government, state and municipal institutions and enterprises, as well as their officials, shall be obliged to ensure public safety, uninterrupted operation of public transport, means of communication, electric lighting and heating of voting premises on the voting day.
15. In the event of an automatic ballot box failure on the election day, the voting shall be conducted using of a spare automatic reading ballot box. The precinct election commission shall make a report, which is signed by all present members of the precinct election commission and the operators.
In the event of a failure of the spare automatic reading ballot box, voting is based on the use of a stationary ballot box. The precinct election commission shall make an act, which shall be signed by all present members of the precinct election commission and the operators.
In case of restoration of the functionality of the automatic reading ballot boxes replaced after the failure during the voting day, the resumption of their use for voting shall not be allowed.
16. The procedure of voting and the use of automatic reading ballot boxes outside the Kyrgyz Republic shall be established by the Central Election Commission.
(In the version of constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 32. Procedure of early voting.
(Lost its effect in accordance with the constitutional Law of the Kyrgyz Republic No 88 dated April 23, 2015)
Article 33. Procedure of voting outside the voting premises.
1. Voters who are on the voter lists but who are unable to arrive at the polling station for voting due to their health status or disability; voters who are on the voting day in hospitals, in places of detention for suspects and accused persons; voters who temporarily reside in places located in remote and inaccessible areas, in animal husbandry stations; and, in exceptional cases, by decision of the relevant election commission, military personnel serving on the day of voting in military units located in inaccessible or remote places, staff of internal affairs agencies on duty during the voting day, voters working at enterprises with uninterrupted operation cycle, the list of which shall be approved by the Central Election Commission; voters working in shifts, those under home arrest if they permanently reside in the territory of the polling station, to which they belong due to the location of their place of temporary residence, vote at their place of residence. Precinct election commissions shall be obliged to provide such voters with the opportunity to vote outside the voting premises one calendar day before the voting day.
2. Voting outside the voting premises shall be carried out only one calendar day before the voting day in the period from 8 AM to 8 PM and only on the basis of a written application of a voter for an opportunity to vote outdoors. A voter application can be made at any time after the creation of the precinct election commission but not later than 3 calendar days before the voting day. A precinct election commission registers all submitted applications in a special register. The application for the opportunity to vote outside the voting hall should specify the reason why a voter cannot arrive at the voting hall and the data about the voter.
3. The precinct election commission should have the necessary number (but no more than three) of portable ballot boxes for voting. Voting outside the voting hall is conducted by members of the precinct election commission together with the operator; they receive the required number of ballot papers under signature, as well as sealed (stamped) portable ballot boxes. Voting outside the voting premises is conducted in the presence of the representatives of candidates, political parties, observers and representatives of the mass media.
4. The precinct election commission 2 days before the voting at its meeting shall draw lots to determine the members of the commission (at least two members of the precinct election commission) who will organize the voting outside the voting hall. The chairperson and the secretary of the precinct election commission shall not participate in the drawing of lots.
2 days before the voting day the precinct election commission shall be obliged to display the register of voters who have submitted a written request for the opportunity to vote outside the voting hall.
5. The chairperson of the precinct election commission shall present for inspection to the members of the precinct election commission, as well as to the observers, representatives of the candidates, political parties, mass media, the empty ballot boxes for voting outdoors, which shall be sealed (stamped) with the seal of the precinct election commission. Then the chairperson of the precinct election commission shall put control lists in the sealed ballot boxes, which indicate the number of the polling station, time of putting the control lists in the ballot boxes, names of the chairperson, the secretary and other members of the precinct election commission, present candidates, representatives of candidates, political parties who nominated lists of candidates. Control lists shall be signed by these persons and certified by the stamp of the precinct election commission.
6. Upon arrival to the voter, the members of the precinct election commission together with the operator shall conduct the identification of the voter using his / her biometric and personal data. After that the member of the precinct election commission shall give him / her a ballot paper in exchange for a receipt. When issuing ballots, a member of the precinct election commission, determined by drawing of lots, shall register a voter in the paper voter list, put a series and number of the voter identification document and sign it after having handed out the ballot paper. A voter shall check that the record is correct and sign the paper voter list.
7. A voter shall fill in the ballot paper in a special place where no other persons are allowed to be present. The special place shall be selected taking into account the secrecy of the voter’s will when filling in the ballot paper and the possibility to control the actions of the voter by the members of the election commission and observers.
In the event that a voter due to disability or due to health status is unable to sign personally in receipt of the ballot papers or to fill in them, he / she shall have has a right to use the help of another voter for this purpose in accordance with the procedure stipulated by Paragraph 10, Article 31 of the present constitutional Law.
8. The series and number of the passport or identity document of the voter who voted outside of the voting premises are entered into the voter list and at the same time in the corresponding column of the voter list the mark “Voted outside of the voting premises” is made.
9. After voting outdoors, the opening of portable voting boxes is sealed with a sheet of A4 paper signed by the chairperson, the secretary, other members of the precinct election commission and observers and certified by the stamp of the precinct election commission. The portable boxes shall be kept in a safe (closet), which shall be additionally sealed.
An act of the end of voting outdoors shall be drawn up containing the information on the number of applications for voting outdoors, number of voters, number of ballot papers issued, number of receipts, number of unused ballot papers and number of returned spoiled ballots signed by all present members of the precinct election commission, the representatives of candidates, political parties and observers. Each person who was present during the drawing up of the act shall be given a stamped copy of the act immediately after signing.
10. The votes of those voters who voted outdoors shall be counted after the voting is completed in the voting hall in accordance with the procedure and conditions defined in the present constitutional Act.
(In the version of constitutional Law of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Chapter 7. Determining the results of voting and the election returns.
Article 34. Protocol on the results of voting.
1. The precinct and territorial election commissions shall draw up a protocol on the results of voting at the respective polling station or territory.
2. The protocol on the results of voting shall be a document of strict reporting, the form and degree of protection of which shall be determined by the Central Election Commission.
3. The form and procedure of filling in the protocols on the results of voting by precinct and territorial election commissions shall be established by the Central Election Commission.
Article 35. The procedure for determining the results of voting by precinct election commissions.
1. After the time of voting is over, the chairperson of the precinct election commission shall announce that only voters who are in the voting hall shall receive ballot papers and vote.
2. Votes shall be counted openly and publicly exclusively by the members of the precinct election commission at its meeting, with a following announcement and appropriate registration in the protocol on the results of voting and in its enlarged form (which is displayed at the place determined by the election commission) of all the results of the performed actions for counting ballots and votes.
In the process of vote counting and determining the results of voting photos, filming, videotaping may be made by the representatives of candidates, political parties, observers and representatives of the mass media.
3. The counting of votes shall begin immediately after the end of voting and is conducted without interruption until the results of voting are determined in the same hall where the voting was held. The place where the votes are actually counted shall be equipped in such a way that it is accessible to all members of the precinct election commission and representatives in the election commissions. In doing so, full observation of the actions of the members of the precinct election commission must be ensured to all persons present during the counting.
In case of combination of elections of different levels, votes shall first be counted for the presidential elections and then for election of deputies of the Jogorku Kenesh or deputies of local keneshes.
The members of the precinct election commission, except for the chairperson and the secretary of the precinct election commission, shall be prohibited to use stationery when counting votes.
4. The members of the precinct election commission responsible for the distribution of the ballots shall recalculate the remaining unused ballots, cancel them off by cutting the lower right corner (in this case damaging the squares placed to the right of the information about the registered candidates or lists of candidates shall not be allowed) and hand them over to the chairperson of the precinct election commission on the basis of a worksheet about which an act shall be drawn up. The same procedure shall be applied for unused ballot papers left in the safe of the precinct election commission. All cancelled ballot papers are counted and packed in a bag, which is sealed with the stamp of the precinct election commission and signed by its members. The inscription “Cancelled ballot papers” is made on the bag, indicating the quantity of ballot papers and the number of the polling station.
The quantity all cancelled ballot papers, which shall be defined as the sum of unused ballots and ballots were returned by voters as mistakenly filled (spoiled), shall be announced and reflected in the report on the results of voting and its enlarged form.
5. Before the votes are actually counted, the members of the precinct election commission responsible for voter registration shall be obliged to enter the relevant summary data on each page of the voter list.
After entering the summary data, each page of the voter list is signed by the precinct election commission member, who then summarizes all the data and passes it on to the chairperson of the precinct election commission. The chairperson and the secretary of the precinct election commission shall enter the final data on the last page of the voter list, defined as the sum of data on all pages and shall certify them with their signatures and stamp of the precinct election commission.
The number of ballot papers given to voters shall be additionally checked by counting the receipts.
After the work with the voter list is over, the act on the quantity of ballot papers given to the voters is drawn up. A copy of the act certified by the signature of the chairperson and the seal of the precinct election commission shall be given to the candidates, representatives of candidates, political parties, mass media, observers present and then the data shall be recorded in an extended form.
After working with the voter list the chairperson of the precinct election commission shall invite those present to get acquainted with it visually.
After that, the voter list is put in a safe (closet).
6. The precinct election commission shall then count the ballot papers contained in the portable ballot boxes. The members of the precinct election commission, who were conducting voting outside the voting hall, shall demonstrate the integrity of seals, stamps and signatures of the members of the precinct election commission, persons who were present during the sealing of the portable boxes, open the portable voting boxes one by one, then remove the ballot papers and control lists with the signatures of the members of the precinct election commission and persons who were present during the sealing of the portable boxes. The chairperson of the precinct election commission shall demonstrate the control lists.
The opening of each portable voting box shall be preceded by the announcement of the number of voters who voted using this portable voting box and the receipts issued. The ballot papers in each portable voting box shall be counted separately.
In the event that the number of ballots in a portable voting box is greater than the number of applications of voters, which contain a note about the number of received ballot papers and issued receipts, all ballot papers, which are in this portable box, shall be declared invalid by the decision of the precinct election commission and are cancelled by cutting the lower right corner; a separate act shall be drawn up, which shall be attached to the protocol on the results of voting and in which the names and initials of members of the precinct election commission who ensured the voting outdoors are indicated. These invalid ballot papers shall be packed separately and sealed, the bag shall contain the number of the polling station, number of the box, the quantity of ballot papers and the inscription “Invalid ballot papers taken out of the portable voting box”.
Ballot papers taken out of the portable box are put in the ballot boxes.
7. Ballot papers of unidentified form shall not be counted. Ballot papers of an unidentified form are those whose content and (or) form does not correspond to the text and form of the ballot paper approved by the Central Election Commission.
8. Before the actual counting of votes, the chairperson of the precinct election commission shall announce the preliminary results of the voting with the automatic reading ballot boxes; a separate act on that shall be drawn up, which is attached to the protocol on the results of the vote and announced to all present members of the precinct election commission, representatives of political party candidates, observers and the representatives of the mass media.
The automatic reading ballot box shall not allow the disclosure of the secrecy of voting for the entire duration of the voting and shall not be connected to wired or wireless networks. The collection of data on the results of the voting from the automatic reading ballot boxes shall be conducted by the precinct election commission after 8 PM, but not later than 9 PM on the voting day. The stamped reports of the automatic reading ballot boxes, stamped primary and final identification reports shall be given to all representatives of political party candidates and observers present in the voting hall.
After being taken out from the ballot box the ballot papers shall be counted and the results are entered in the protocol on the results of the voting.
The number of ballots taken out from the ballot box must be the same or less than the number of ballots given to the voters. If the number of ballots in the ballot box is greater than the number of ballots given to the voters, the precinct election commission shall take measures to identify and eliminate the reasons.
If after identification and elimination of the reasons the quantity of valid ballot papers in the ballot box is more than the quantity of issued ballots, all the ballots in the box shall be declared invalid by the decision of the precinct election commission and shall be cancelled by cutting the lower right corner.
9. The members of the precinct election commission shall sort the ballot papers taken from the portable and stationary boxes by the votes cast for each of the candidates, each list of candidates, the position “Against all”; at the same time they shall separate the ballot papers of unknown form and invalid ballot papers. When sorting the ballot papers, the members of the precinct election commission shall announce the voter marks on the ballots and present the ballot papers for visual control to all persons present during the counting.
10. Under the control of the members of the precinct election commission the representatives of the candidates, the political parties and observers shall have the right to get acquainted with the sorted ballots.
11. Votes shall be then counted according to the ballot papers of the established form separately for each candidate, the list of candidates and the position “Against all”. Sorted ballots are counted aloud by moving them one by one from one pack to another so that those present at the counting can hear and see the voter mark on the ballot papers. Simultaneous counting of ballot papers from different packs shall not be allowed.
The received data, which are determined by the relevant voter marks (votes) in the ballot papers submitted for each candidate, each list of candidates and the position “Against all”, shall be recorded in the protocol of voting results and in its enlarged form.
12. Invalid ballots shall be counted and summed up separately. Invalid ballots shall be those on which it is impossible to determine the expression of will of a voter, as well as invalid ballots taken out of the portable ballot box (if there was a case that number of ballot papers taken out from the portable ballot box exceeds the number of applications of voters with a note on the quantity of received ballot papers). The invalid ballot papers shall also include the ballot papers that do not bear the protective stamps established by the Central Election Commission or are not certified by the stamp of the precinct election commission and do not contain other established marks.
Ballot papers which contain marks, writings or other paintings on the back side, regardless of their content, cannot be considered invalid.
In the event that there any doubts in declaring a ballot paper invalid, the precinct election commission shall decide on the issue by voting, then the reverse side of the ballot paper shall have indication of the reasons of its invalidity; this entry shall be confirmed by the signatures of the chairperson and the secretary of the precinct election commission, certified by the stamp of the commission. The total number of invalid ballots shall be recorded in the protocol on the results of voting and in its enlarged form.
13. The members of the precinct election commission shall count, announce and record in the protocol on the results of voting and its enlarged form the number of valid ballots, which shall be determined by the marks of voters, which allows to establish the expression of their will.
14. The chairperson of the precinct election commission shall invite all persons present during the counting of votes to get acquainted with the ballots visually under the control of the members of the precinct election commission. In case of discrepancy between the results of the vote according to the data of the automatic reading ballot box and the results of the manual vote counting, at the request of the representative of the candidate, a political party or an observer, the ballots shall be recalculated with the direct participation of the representative of the candidate, a political party or an observer and the possibility of their visual control. The ballot papers shall be recalculated aloud.
The voting results shall be established based on the results of manual counting of votes.
15. After that the control ratio of the data included in the protocol on the results of voting shall be checked according to the procedure approved by the Central Election Commission.
16. After the vote counting is completed, the precinct election commission shall mandatorily hold a final session at which it shall review the received applications (complaints) about violations during voting and vote counting, and shall make a decision on each application (complaint). Then the members of the precinct election commission and applicants who agree with the decisions taken by the precinct election commission on received applications (complaints) shall sign the minutes of the final session of the precinct election commission. When signing the minutes of the final session of the precinct election commission, the members of the precinct election commission who disagree with the content of the minutes shall have the right for a dissenting opinion to the minutes, the appropriate record on which shall be made.
After the protocol on the results of the voting is drawn up, the sorted out ballot papers, voter lists, receipts, reports of the automatic reading ballot boxes, primary and final identification reports shall be packed in separate bags that contain the number of the polling station, the quantity of ballot papers and the name of the voter lists. The bags shall be sealed, signed by members of the precinct election commission and put into a separate bag or box. The bag or box contains the number of the polling station and the list of documents inside it. The bag or box shall be sealed with the signatures of the members of the precinct election commission. The packing of ballot papers, the voter lists, the receipts, the reports of automatic reading ballot boxes, the primary and final identification report as well as their placement into a bag or box shall be carried out in the presence of the representatives of candidates, political parties and observers, who shall be also given the opportunity to put their signatures on the bag or box. A pack, a sack or a box may only be opened by decision of a higher electoral commission or a court.
17. The protocol on the results of voting in the form approved by the Central Election Commission shall be made in two copies and signed by all present members of the precinct election commission with indicating the date and time (hour, minute) of its signing. The protocol shall be valid in the event that it is signed by the majority of the members of the precinct election commission. When signing the protocol, the members of the precinct election commission who disagree with the content of the protocol shall have the right to attach a dissenting opinion to the protocol, about which the appropriate record shall be made.
18. After signing the protocol on the results of voting by the precinct election commission, the voting results shall be immediately announced before all present representatives of the candidates, political parties, observers and representatives of the mass media.
After the announcement of the voting results, the protocol on the voting results, primary, final receipts on identification of voters and automatic reading ballot boxes certified by the seal of the precinct election commission shall be sent to the central server of the Central Election Commission by scanning through automatic reading ballot boxes.
In case of errors in filling the protocol on results of voting the commission makes the corresponding act, which shall be also scanned and sent to the central server of the Central election commission together with the newly filled and signed protocol.
The scanned documents that arrive to the central server of the Central Election Commission after checking whether the protocol is made correctly are posted on the website of the Central Election Commission.
19. The first copy of the protocol on results of voting after its signing together with the electoral documentation including ballot papers, the lists of voters, the statements (complaints), acts and decisions made on them by the precinct election commission, the report of the automatic reading ballot boxes, the primary and the final report on identification shall be immediately delivered to the territorial election commission no later than 6 AM of the day following the day of voting by the chairperson of the precinct election commission accompanied by the representatives of candidates or political parties.
The precinct election commissions of the polling stations located on the territory of foreign states or in remote locations, the list of which shall be determined by the Central Election Commission, shall deliver the documents specified in this part within the time period established by the Central Election Commission.
20. The second copy of the protocol as well as the seal of the precinct election commission shall be kept by the secretary of the precinct election commission who shall bear the responsibility established by the legislation for their reliability and safety till the end of the work of the commission.
21. The enlarged form of the protocol on the results of voting shall be displayed for public awareness in the place established by the precinct election commission and shall be kept until the end of the work of the precinct election commission.
22. Each person, who was present during the counting of votes, shall receive a copy of the protocol on the voting results certified by a stamp from the secretary of the precinct election commission immediately after signing the protocol.
23. A sealed copy of the protocol on the voting results shall be immediately displayed on the stands in front of the precinct election commissions.
The list of voters who took part in the elections or a sealed copy thereof shall be displayed on the stands in front of the premises of the precinct election commissions no later than 3 calendar days.
(In the version of constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 36. Procedure for summing up the results of voting by territorial election commissions.
1. The first copies of protocols on the results of voting in precinct election commissions jointly with the electoral documentation specified in paragraph 19 of Article 35 of the present Law, immediately after their signing by the members of the precinct election commission, shall be handed over under the act to the territorial election commission, which shall summarize the results of voting on the relevant territory.
2. Summing up the results of voting on the relevant territory shall be carried out by the territorial election commission on the basis of protocols received directly from the precinct election commissions by summing the data contained therein. Acceptance of protocols and summing up the results of voting by the corresponding territorial election commission shall be carried out in accordance with the procedure and within the time period established by the Central Election Commission.
After preliminary verification of the accuracy of the protocols on the results of voting in the precinct election commissions, the territorial election commission by summing up the data of all precinct election commissions shall summarize the results of voting on the relevant territory. Based on the voting results, the territorial election commission shall make a summary table and a protocol, which contains data on the number of precinct election commissions, the number of received protocols, on the basis of which a protocol on the results of voting shall be made, as well as summary data of protocols of precinct election commissions.
Before signing a protocol on the results of voting on the respective territory, a territorial election commission shall mandatorily hold a final session which reviews applications (complaints) received by the commission related to the process of voting, vote counting and preparation of protocols of precinct election commissions. The election commission shall make decisions on each application (complaint), then the members of the election commission and applicants who agree with decisions made by the election commission on received applications (complaints) sign minutes of the final session of an election commission. When signing the minutes of the final session of the territorial election commission, the members of the election commission that disagree with the content of the minutes shall have the right to attach a dissenting opinion to it, about which the appropriate note is made in the minutes. After that, the election commission shall sign the protocol on the results of voting on the respective territory.
3. The protocol on the results of the voting shall be prepared in two copies and signed by all present members of the territorial election commission. A summary table on the results of voting on the respective territory, the dissenting opinions of the members of the election commission, as well as received applications (complaints) and decisions made on them shall be attached to the protocols.
4. The first copy of the electoral commission protocol shall be sent to the Central Election Commission immediately after signature together with the first copy of the summary table.
5. The second copy of the protocol, together with all electoral documentation, shall be kept by the secretary of the territorial commission in a secure location until it is handed over to the archives.
6. The enlarged form of the protocol on the election results shall be posted for public observation in the place determined by the territorial electoral commission and shall be kept until the end of the work of the election commission.
7. In the event of mistakes or inconsistencies in the protocols and / or summary tables on the results of voting or in the event that there are doubts in the correctness of drawing up the protocols, received from the territorial election commissions, the Central Election Commission shall have the right to make a decision on the recounting of votes by the election commission. The recount shall be conducted with the mandatory presence of a member (members) of the Central Election Commission. Representatives of candidates, political parties and observers shall have the right to be present during the recounting of votes. Based on the results of the recounting of votes the election commission shall draw up a protocol on the voting results, which shall have a note “Recount of votes”. The protocol shall be immediately sent to the Central Election Commission.
8. Each person present during the counting of votes shall mandatorily receive a copy of the protocol certified by a seal by the secretary of the territorial election commission immediately after signing the protocol on the voting results.
(In the version of constitutional Laws of the Kyrgyz Republic No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 37. Procedure of determining the election returns.
1. The election returns shall be determined by the Central Election Commission on the basis of the protocols received directly from the territorial election commissions by adding the data therein not later than 20 calendar days from the voting day.
The Central Election Commission shall mandatorily hold a final session at which it reviews all received applications (complaints) about violations during the preparation and conduct of elections and shall make a decision on each application (complaint).
2. The Central Election Commission shall issue a protocol on the election returns, which reflects the data of received protocols, based on which the election returns shall be determined, data on the number of directly subordinate election commissions, as well as a summary table on the summary data of protocols of subordinate election commissions.
3. The elections shall be recognized as invalid by the Central Election Commission:
1) in the event that number of votes cast for the candidate with the highest number of votes against another candidate is less than the number of votes cast against all candidates. In such case repeated elections shall be held;
2) in the event that no candidate receives the number of votes necessary for the participation in the distribution of mandates;
3) in the event that the number of votes cast for the list of candidates with the highest number of votes cast in comparison with other lists of candidates is less than the number of votes cast against all candidate lists. In this case repeated elections shall be held.
The number of voters who took part in the voting shall be determined by the number of voter signatures in the list of voters on receiving the ballot papers and, if necessary, by the number of identification receipts.
4. The Territorial Election Commission shall recognize the results of voting at a polling station as invalid:
1) in the event that during the voting, vote counting or determination of the voting results there were violations that do not allow to determine the voting results with certainty;
2) in the event that during the voting, vote counting or determination of the voting results there were violations that influenced the expression of will of the voters;
3) by the decision of the higher election commission;
4) by a court decision;
5) in the event that the ballot papers in the voting boxes are recognized as invalid.
In the event that the voting results at a polling station are declared invalid, the results shall be determined based on the results of voting at the remaining polling stations. In the event that the voting results at one or several polling stations are declared invalid, which affects the election returns, at these polling stations the repeated voting shall be conducted within 2 weeks from the date of their calling by the appropriate election commission.
5. The violations, which do not allow with confidence to determine the results of voting, are violations of the voting procedure, vote counting, drawing up a protocol on the results of voting at the polling station, which do not allow to determine with certainty the number of votes received by each candidate or the list of candidates.
Violations that have affected the expression of will of voters shall mean violations that have affected the expression of the will of voters during the voting, vote counting or establishing the results of voting at a polling station, those related to campaigning on the voting day, obstruction of the implementation of electoral rights by citizens, observation of voting, voting for other voters, interference in the activities of election commissions and bribery of voters.
6. The Central Electoral Commission shall invalidate the election returns:
1) in the event that the results of voting at a some of polling stations covering more than one third of the voters from the total number of those who took part in the voting are declared invalid;
2) by court decision.
(In the version of constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017)
Article 37-1. The procedure of publication of preliminary voting results, voting results and election returns on the official website of the Central Election Commission.
1. The voting results for each polling station, which are preliminary information having no legal value, shall be immediately posted on the official website of the Central Election Commission as soon as they are received by the Central Election Commission.
2. The protocols on the results of voting for each polling station shall be posted on the official website of the Central Election Commission no later than 18 calendar days from the voting day.
3. The lists of voters who took part in the elections shall be posted on the official website of the Central Electoral Commission no later than 5 calendar days from the voting day.
4. Protocols on the voting results of territorial election commissions shall be posted on the official website of the Central Election Commission not later than 19 calendar days from the voting day.
(In the version of the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017)
Article 38. Repeated elections.
1. If an election is declared invalid and failed, the candidate or political parties are not elected according to the voting results repeated elections shall be called. Repeated elections within one month shall be called by the Central Election Commission and conducted by the relevant election commissions. Nomination and registration of candidates, lists of candidates, other actions, including determination of timing of electoral actions shall be carried out pursuant the procedure provided in this constitutional Law and acts of the Central Election Commission. The notice on repeated elections shall be published in the mass media within 7 calendar days after the decision on calling repeated elections.
2. In the event of repeated elections, the candidates whose actions served as a basis for invalidation of the elections cannot be again nominated as candidates for elective positions.
3. In case the decisions, actions (inactions) of the officials of state power agencies, bodies of local self-government or election commissions served as the basis for invalidation of the results and / or the election returns, repeated elections shall be held among the candidates or political parties that took part in the elections and expressed their desire to take part in repeated elections.
Article 39. Publishing of the voting results and election returns.
1. The results of voting for each polling station or territory to which the activity of the election commission extends, the results of elections in an election district in the volume of data contained in the protocols of the Central Election Commission and directly subordinate election commissions shall be provided for familiarization to voters, candidates, the representatives of candidates, political parties, observers, international observers, the representatives of mass media upon their request.
The voting results for each polling station are immediately posted on the official website of the Central Election Commission as soon as they are received by the Central Election Commission. The voting results which are posted on the official website of the Central Electoral Commission are preliminary information that has no legal value.
2. The Central Election Commission shall send general data on the results of elections to the mass media within one day after the determination of the results of elections.
3. The election returns, as well as data on the number of votes received by each candidate or the list of candidates; votes cast against all candidates, against all lists of candidates, including data contained in the protocols on the voting results of directly subordinate election commissions, on the basis of which the election returns were determined, shall officially published by the Central Election Commission within 2 weeks from the date of determining the election returns.
Chapter 8. Financing of elections.
Article 40. Financial support to the preparation and holding the elections.
1. The expenses of election commissions on preparation and holding the elections shall be financed from the republican budget and special funds of election commissions. The financing procedure shall be determined by the budgetary legislation of the Kyrgyz Republic and the law on the election commissions of the Kyrgyz Republic.
2. It shall be prohibited to finance the elections by foreign countries, foreign state agencies, institutions and enterprises, by other foreign legal entities, their branches and representative offices, by foreign citizens, by international organizations registered in the Kyrgyz Republic, by legal entities in which foreign citizens and legal entities are the participants, with the exception of financing programs to improve the electoral legislation, information, educational and scientific research programs, technical preparation to the elections and raising the legal awareness of the citizens.
Article 41. Election funds.
1. Citizens from the moment of their nomination as candidates and until submission of documents for the registration shall create their own election funds for financing the election campaign pursuant the procedure envisaged in the present constitutional Law.
A political party that has nominated a list of candidates to finance its election campaign shall create an election fund within 5 calendar days after the election commission registers the authorized representative of a political party on financial aspects in the manner prescribed by Articles 54 and 62 of this constitutional Law. In case of official refusal to register a candidate or a list of candidates, the funds received by the election fund shall be returned to the organizations and persons who have made donations and transfers.
Candidates or political parties that have nominated lists of candidates shall after registration continue to maintain open accounts of their own election funds to finance election campaign.
Candidates who run for elections on the list of candidates shall not have the right to establish their own electoral funds.
2. The election fund of a candidate or a political party may be established with the following:
- own funds of a candidate or a political party formed taking into account the requirements of the law;
- voluntary donations from citizens and legal entities, except for the persons listed in paragraph 3 of this Article.
3. Voluntary contributions to election funds shall be prohibited in the event that they are from:
- foreign states, foreign state agencies, institutions and enterprises, other foreign legal entities, their branches and representative offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, to which foreign citizens and legal entities are participants;
- stateless persons;
- state agencies and bodies of local self-government;
- state and municipal institutions and enterprises;
- legal entities that have a state or municipal share in the authorized capital, as well as enjoy privileges for paying taxes, duties and other mandatory payments;
- military units, military institutions and organizations;
- law enforcement agencies and courts;
- organizations engaged in charitable activities;
- religious organizations;
- anonymous donations (anonymous donation shall mean a donation from a citizen who has not specified any of the following information: surname, the first name, patronymic name, address of residence, passport data and also if they have submitted false information about themselves).
It is prohibited for the legal entities or individuals who carry out entrepreneurial activity without establishing a legal entity and have debts to the state budget or the Social Fund of the Kyrgyz Republic to contribute money to the election fund of a candidate or a political party. A candidate or a political party shall not be liable in case of transfer of money to the election fund by these legal entities or individuals. In case the election fund of a candidate or a political party receives money from the above mentioned individuals and legal entities, then by court decision the bank or other institution shall be obliged to transfer this money to the special fund of the Central Election Commission, which in turn shall transfer these funds to the state budget or Social Fund of the Kyrgyz Republic.
4. Money arriving to the election funds of candidates or political parties shall be calculated based on the specified rate established by the law of the Kyrgyz Republic on the day of calling the elections. Money received in excess of the established amount shall not be transferred to the election funds and shall be returned to citizens and organizations. Expenses related to the return of those funds shall be covered by the citizens and organizations that donated them.
In case of repeated voting the total limited amount of all expenses of a candidate at the expense of means of election fund can be increased by one and a half times.
5. All money constituting the election fund shall be transferred to a special account in a bank or another institution. This account shall be opened by a candidate or a political party with the permission of the Central Election Commission. Money transferred to the election funds must be only in the domestic currency. No income is accrued or paid on these accounts.
6. The list of banking or other institutions, the procedure of opening, keeping the mentioned accounts, accounting and reporting on the funds shall be established by the Central Election Commission upon agreement with banking or other institutions.
7. The right to dispose of electoral funds shall belong to the candidates who established them, political parties and their authorized representatives.
8. The funds of the election funds shall have a targeted purpose. They may only be used to cover the costs of the election campaign.
9. The election funds may be used only for:
1) financial support of organizational and technical measures aimed at election campaigning or collection of signatures in support of a candidate;
2) payment for electoral deposit in the amount established by this constitutional Law;
3) payment for works, delivery of services directly related to the election campaign, in particular for:
- information and advisory services;
- production and distribution of campaigning materials;
- rent of premises and equipment;
- covering transportation and travel expenses;
- communication services;
- procurement of stationery and equipment;
- publication of announcements and speeches by the candidate in the media;
- holding pre-election meetings and meetings with voters.
10. Citizens and legal entities shall have the right to provide financial (material) support to activities that contribute to the election of the candidate or the list of candidates, only through the election funds. It is prohibited to perform works, services or sale of goods directly or indirectly related to the elections by legal entities, their branches, representative offices, as well as individuals free of charge or at unreasonably low prices. Authorized representatives, trustees, observers, representatives of candidates, political parties in election commissions have the right to exercise their powers, perform work and services directly or indirectly related to elections, free of charge.
(In the version of the constitutional Law No 2 dated November 11, 2020).
11. Except for the money received in their election funds candidates and political parties shall be prohibited from using any other money to pay for the collection of voter signatures, the conduct of election campaigning and other pre-election activities.
12. Banking or other institutions shall be obliged on a weekly basis and, upon the request of the Central Election Commission, within 24 hours to submit information to the Central Election Commission on the receipt and spending of funds on the special account of a candidate or a political party. This information upon its receipt shall be subject to mandatory posting by the Central Election Commission on the official website, taking into account the legislation on personal data and bank secrecy.
13. In the event that a candidate withdraws his / her candidacy, of withdrawal of the list of candidates by a political party or cancellation of the registration of a candidate or a list of candidates, the money received in the election fund shall be immediately returned to the citizens and organizations that have transferred them. The expenses connected with return of the specified amounts, shall be covered at the by citizens and the organizations which made their contributions.
14. Agreements (contracts) with citizens and legal entities on performance (delivery) of certain works (services) related to the election campaign of a candidate or a political party shall be concluded personally by the candidate or his / her authorized representative, or the authorized representative of a political party. Contracts and agreements on payment from special accounts of candidates and political parties should not be concluded later than the day prior to the voting day.
All financial operations, including settlements with individuals and legal entities on the special accounts, shall be terminated at 6 PM on the day preceding the voting day. Settlements between a candidate, a political party and legal entities for the performance (delivery) of certain works (services) shall be made only on a cashless basis.
15. In the event of a repeated vote, financial transactions on special accounts of candidates, in respect of which repeated vote is conducted, shall be resumed on the day of establishing the day of repeated vote and shall be terminated at 6 PM of the day preceding the repeated voting day.
16. The election deposit shall be returned to the presidential candidates and to the political parties that nominated the lists of candidates to the Jogorku Kenesh:
1) those who received not less than 1 percent of the votes of those who took part in the voting, after submitting to the Central Election Commission not later than 10 calendar days after the elections a report on the amount and all sources of formation of their fund, as well as all costs incurred;
(In the version of the constitutional Law No 2 dated November 11, 2020).
2) in the event that the Central Election Commission decides to refuse to register a presidential candidate or the list of candidates to the deputies of the Jogorku Kenesh;
3) those who refused to participate further in the elections prior to the approval of the text and form of the ballot paper.
The remaining amount of the deposit shall be transferred to the budget. Information on the amount of received funds from the election deposits of candidates and political parties, the amount of returned election deposits to candidates and political parties and the amount transferred to the budget shall be published on the official website of the Central Election Commission.
17. The balances of unspent funds on the special account shall be returned to the candidate and to the political party after the voting day.
18. The procedure of taxation of election funds, voluntary donations and transfers to the said funds, as well as expenses from the said funds shall be established by the laws of the Kyrgyz Republic.
(In the version of constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 116 dated August 8, 2019)
Article 42. Control over the spending of funds allocated for elections, election funds of candidates and political parties.
1. Control over the procedure of formation and spending of election funds of candidates, political parties shall be exercised by the election commissions.
2. In order to control the targeted spending of funds allocated from the national budget to the election commissions for the preparation and conduct of elections, as well as control over the sources, correct accounting and use of funds from the election funds of candidates, political parties, to verify the financial statements of candidates, political parties, a control and audit team shall be created at the Central Election Commission of no more than 7 people. The procedure of organization and activities of the control and audit group shall be determined by the Central Election Commission.
3. The control and audit team shall include: the head of the control and audit group, his / her deputy, the members of the election commission appointed to the control and audit team, the specialists from the law enforcement, financial and other state agencies, organizations and institutions involved. The mentioned agencies, organizations and institutions shall, upon request of the Central Election Commission, not later than 15 calendar days from the date of official publication of the decision on calling of elections, be obliged to second specialists to the Commission.
4. For the period of work in the control and audit team, the involved specialists are relieved from their main job, they retain their place of work (position), official salaries and other payments at their main place of work. The said specialists may also receive remuneration from the funds allocated for the preparation and holding of elections.
5. Organizational, legal, material and technical support of the activity of the control and audit team shall be provided by the Central Election Commission.
6. The control and audit team by written order of the Central Election Commission shall:
1) verify the financial reports of candidates, political parties, subordinate election commissions;
2) request and receive information from candidates, political parties, election commissions on all issues within its competence;
3) supervise the compliance with the established procedure for financing campaigning or other activities directly related to the election campaign of the candidates or political parties;
4) apply to state agencies or organizations regardless of the form of ownership, as well as to citizens on the issues within the competence of the control and audit team, request the necessary information and materials related to the financial support of elections. Responses to the appeals of the audit and control group and the materials requested by it shall be provided within 3 days, and 5 days and less before voting and immediately on the voting day;
5) prepare documents on financial irregularities in election financing;
6) raise questions before the relevant election commission on the application of responsibility measures to the candidates, political parties, as well as to citizens and legal entities for violations committed by them in financing the election campaign of candidates or political parties;
7) involve experts in conducting inspections, preparation of opinions and expert assessments.
Chapter 9. Guarantees to the freedom of elections.
Article 43. Activities of election commissions and state agencies in ensuring the freedom of elections.
1. During preparation and conducting of elections, election commissions, offices of prosecution, internal affairs agencies shall ensure strict observance of the requirements of the Constitution, the present constitutional Law and the laws of the Kyrgyz Republic.
2. The voting day and the preceding day shall be working days for courts, bodies of the prosecution and internal affairs agencies; for banking or other institutions servicing special accounts of the election fund of candidates and political parties, the day preceding the day of voting shall be a working day.
3. The internal affairs agencies shall be obliged at the invitation of the chairperson of the precinct election commission to provide the assistance that electoral commissions may require to ensure public order during voting at the polling stations and in the voting hall in the event of violations of public order.
4. Decisions and / or actions (inaction) of state and other agencies, their officials, other actors of the election process, which violate the electoral rights of citizens or the requirements of the present constitutional Law, can be appealed against to the bodies of the prosecution, internal affairs agencies, election commissions or court in accordance with the legislation of the Kyrgyz Republic.
The internal affairs agencies shall conduct the consideration of applications (complaints) concerning violation of public order, as well as applications on actions of participants in the election process, except for persons indicated in the paragraph 3 of this part, for which the responsibility is envisaged by the legislation of the Kyrgyz Republic.
Prosecution agencies shall supervise the observance of the election legislation by the executive power agencies, bodies of local self-government, their officials, as well as consider applications (complaints) on their actions for which liability is envisaged in accordance with the legislation of the Kyrgyz Republic.
Election commissions, within the limits of authority established by the legislation, shall consider applications in respect of actions of participants in the electoral process, except for persons indicated in paragraph 3 of this part, for which the responsibility is envisaged within the scope of authority in accordance with the legislation of the Kyrgyz Republic.
During the preparation and holding of the elections, the election commissions shall form operational coordination response groups at all levels of the election commissions, which shall include the representatives of law enforcement agencies. The main functions of the coordination rapid response group shall be to promptly respond to violations of electoral legislation and inform citizens about the measures taken.
The operating procedures of the coordination rapid response group shall be determined by the Central Election Commission.
Voters, candidates, political parties, non-commercial organizations, their representatives and observers shall have the right to make applications (complaints) on the decisions and / or actions (inactions) of state and other agencies, their officials and other actors of the election process. Applications (complaints) should be motivated and submitted together with evidence on which they are based.
5. Applications (complaints) of voters, candidates, political parties and other actors of the electoral process, received in the course of election preparation, are subject to consideration by the prosecution bodies and internal affairs agencies within 2 days since their receipt, and those received on the day of voting or the preceding day shall be dealt with immediately. In the event that facts contained in applications or complaints received in the course of election preparation require additional verification, decisions on them are taken no later than within 3 days. The prosecution and internal affairs agencies shall immediately forward a copy of the decision taken on the application or complaint to the relevant election commission.
6. If the prosecution bodies or the internal affairs agencies refuse to consider the application or complaint, they must immediately issue a copy of the decision stating the grounds for refusal.
(In the version of the constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 116 dated August 8, 2019)
Article 44. Appeals against decisions and / or actions (inactions) of election commissions that violate the electoral rights of participants in the electoral process.
1. Decisions and / or actions (inaction) of election commissions, their officials, which violate the electoral rights of participants in the electoral process, can be appealed against to a higher election commission, decisions and / or actions (inaction) of the Central Election Commission can be appealed against in a court.
2. Voters, candidates, political parties, non-commercial organizations, their representatives and observers can appeal against decisions and / or actions (inactions) of election commissions that violate the electoral rights of citizens.
(Paragraph 2 lost its effect in accordance with the constitutional Law No 88 dated April 23, 2015)
3. When considering applications (complaints), as well as in other cases when considering violations of electoral rights, electoral legislation, interested parties or their representatives shall be informed on the day, time and place of consideration. The said persons shall have the right to give explanations and submit evidence on the merits of the case under consideration.
4. Decisions and / or actions (inaction) of precinct election commissions, their officials in violation of the electoral rights of the actors in the election process, are appealed against to a territorial election commission.
5. Decisions and / or actions (inaction) of territorial election commissions and their officials in violation of the electoral rights of the participants in the electoral process, shall be appealed against to the Central Election Commission.
6. Decisions and / or actions (inaction) of the Central Election Commission are appealed against to the court of the first instance, and the decision of the court of the first instance to the Supreme Court. The decision of the Supreme Court is final and cannot be appealed.
7. Applications (complaints) shall be submitted immediately, from the moment when a participant in the election process becomes aware of a violation of his or her electoral rights, making decisions, committing an act (inaction), but not later than within 3 calendar days.
8. Applications (complaints) received in the course of preparation to elections are subject to review by the election commissions or courts within 3 days since the moment of receipt and those received on the voting or the preceding day shall be dealt with immediately. In cases when facts contained in statements (complaints) received in the course of election preparation require additional verification, decisions on them shall be made not later than within 5 days. The decision signed and stamped by the decision making body shall be immediately handed over to the applicant in writing.
9. An application (complaint) made on the basis of the results of consideration of the application (complaint) shall be submitted to a higher election commission, and in case of appeal against the decision of the Central Election Commission to a court within 3 calendar days since the moment the decision is made. In case of appealing against the inactivity, the application (complaint) is submitted to a higher election commission and in case of appealing against the inactivity of the Central Election Commission, to a court within 3 calendar days since the day when the action was to be taken.
10. The higher election commission shall leave in force the decision of the lower election commission or cancel it and make a decision on the merits of the application (complaint).
11. The court, having established the validity of the application (complaint), recognizes the challenged decision or action (inaction) as illegal and cancels the decision of the Central Election Commission or refuses to satisfy the application (complaint) in the event that it establishes that the challenged decision or action (inaction) is legal.
12. The deadlines for submitting applications (complaints) shall not be reinstated. Upon expiration of the said deadlines, applications (complaints) shall not be accepted. The period of application (complaint) submission starts the next day after the decision or action (inaction) is made.
13. Materials related to the consideration of disputes shall be stored in accordance with the legislation of the Kyrgyz Republic.
(In the version of the constitutional Laws of the Kyrgyz Republic No 96 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 45. Appeals against the decisions of the election commissions on establishing of voting results and election returns.
1. Candidates or political parties that have nominated lists of candidates, their representatives and observers may apply (complain) about the decisions of election commissions on establishing the results of voting and the election returns.
2. The decisions of precinct election commissions on establishing the voting results are appealed against to the territorial election commission; decisions of territorial election commissions are appealed against to the Central Election Commission; decisions of the Central Election Commission are appealed against to the court of the first instance; the decision of the court of the first instance is appealed against to the Supreme Court.
3. Applications (complaints) are filed within 3 calendar days since the moment the voting results or the election returns are established.
4. Applications (complaints) received are subject to consideration by election commissions or courts within 3 days since the moment of receipt. In the event that facts contained in the applications (complaints) require additional verification, decisions on them shall be made not later than within 5 days. The decision signed and stamped by the body that adopted the decision shall be immediately handed over to the applicant in writing.
5. Applications (complaints) in respect of the adopted decisions shall be submitted within 3 calendar days since the moment the decision is made.
6. In cases envisaged in the present constitutional Law or the laws of the Kyrgyz Republic, a court may cancel a decision of the Central Election Commission on establishing of election returns.
7. A court decision shall come into legal force since the moment it is delivered and shall be enforceable for the state agencies, bodies of local self-government, non-commercial organizations, officials, election commissions and other participants in the election process.
A motivated decision adopted by a court is immediately delivered to the applicant, the respondent or their representatives as well as to the Central Election Commission.
Submission of a supervisory appeal in the manner and within the time limits established by this constitutional law shall suspend the execution by the Central Election Commission of a decision of a court of the first instance.
8. An appeal against the decision of the court of the first instance may be filed within 3 calendar days since the moment the court decision is made.
9. An appeal against an enforceable district (city) court decision shall be considered under the supervisory review procedure within 5 calendar days since the date of its receipt by the Supreme Court.
The supervisory appeal is submitted to the Supreme Court, which must invite a representative of the Central Election Commission.
A supervisory appeal against a court decision is submitted through the relevant court which made the decision. Submitting an appeal directly to a supervisory instance shall not constitute an obstacle for the review of the appeal.
A supervisory instance court resolution shall be final from the moment it is delivered and shall not be subject to appeal.
10. The deadlines for submitting applications (complaints) shall not be reinstated. Upon expiry of the said deadlines, applications (complaints) shall not be accepted.
11. Materials related to the consideration of disputes shall be kept in accordance with the legislation of the Kyrgyz Republic.
(In the version of the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017)
Article 46. Grounds for the cancellation of registration of a candidate or a list of candidates, cancellation of an election commission decision on the voting results or the election returns
1. Registration of an elected candidate shall be canceled by the Central Election Commission in cases of confirmation of the facts of concealment by a candidate of information about the absence of the passive voting right, including information about the presence of the criminal record which is not expunged or removed in the order established by the law or circumstances provided in part 4 of article 3 of the present constitutional Law, the entry into force of a court verdict against him or her, the withdrawal from or loss of citizenship of the Kyrgyz Republic, the citizenship of another state, other grounds established by the current legislation for the absence of passive electoral right, as well as in the event of death of the candidate.
2. Registration of a candidate is canceled in the following cases:
1) the candidate submits a statement to withdraw his or her candidacy within the time limits established by Part 6 of Article 53 and Paragraph 1 of Part 10 of Article 61 of this constitutional Law;
2) political party excludes some candidates from the list if a political party has notified the Central Election Commission in writing at least 5 calendar days prior to the voting day;
3) a candidate, when financing his or her election campaign, uses, in addition to the funds of the election fund, other funds amounting to more than 0.5 percent of the total amount of funds received by a candidate in the election fund, or exceeds by more than 0.5 percent the maximum amount of all expenses from the funds of the election fund of a candidate;
4) violation of requirements established by Articles 21, 53 and 61 of this constitutional Law;
5) violation by the candidate, his or her representatives of the requirements stipulated by Article 21-1 of the present Constitutional Law on inadmissibility of administrative resource abuse for the purpose of election of the candidate;
6) confirmation of facts of direct participation of the candidate, his representatives in the violations of campaigning rules established by paragraph 2 of Article 28 of the present constitutional Law;
7) confirmation of facts of bribing the voters by the candidate, his authorized representatives, proxies, observers as well as close relatives of the candidate or participation of the candidate in bribing of voters established by part 3 of article 28 of the present constitutional Law;
8) entry into force of the court verdict against the candidate.
3. Registration of the list of candidates is cancelled in the following cases:
1) a political party withdraws the list of candidates and refuses to participate in elections, if such statement of a political party is received by the Central Election Commission in writing at least 5 calendar days prior to the voting day;
2) a political party, when financing its election campaign, uses, in addition to the funds from the election fund, other funds amounting to more than 0.5 per cent of the total amount of funds received by a political party to the election fund, or a political party exceeds the expenses from its election fund by more than 0.5 per cent of the established limit of all expenses from the election fund of a political party;
3) violation of requirements established by Articles 21, 53, 61 of the present constitutional Law;
4) violations by the leadership of a political party of requirements stipulated by Article 21-1 of this constitutional Law on inadmissibility of abuse of administrative resources in order to elect the list of candidates;
5) confirmation of the facts of direct involvement of the leadership or employees of the executive body of the political party, representatives of the political party in the violations of the rules of election campaigning, established by paragraph 2 of Article 28 of the present constitutional Law;
6) confirmation of the facts of bribery of voters or their involvement in the bribery of voters by the leadership or employees of the executive body of a political party, authorized representatives, trustees of a political party, observers representing a political party.
4. In the event that after the Central Election Commission establishes the results of the presidential election and before the mandate is handed over to the elected presidential candidate, the information that the candidate has no passive voting right is confirmed, including information about the fact that he or she has a criminal record unexpunged or outstanding in accordance with the procedure established by law, the entry into force of a court verdict concerning him or her; withdrawal from or loss of citizenship of the Kyrgyz Republic, as well as in the of citizenship of another State as well as in case of a death of a candidate, the decision on the election returns shall be cancelled by the Central Election Commission or a court and the elections shall be declared invalid.
In the event that after determining the results of the election of deputies to the Jogorku Kenesh and prior to the registration of an elected candidate, the absence of passive electoral right is confirmed; including information about the fact that he or she has a criminal record unexpunged or outstanding in accordance with the procedure established by law, the entry into force of a court verdict concerning him or her; withdrawal from or loss of citizenship of the Kyrgyz Republic, as well as the of citizenship of another State as well as in case of a death of a candidate the decision to register this candidate shall not be made. In this case, the next elected candidate from the list of this political party shall be registered, taking into account the requirements of Article 65 of the present constitutional Law.
5. The reasons indicated in the present Article for refusal to register an elected candidate, including those on the list of elected candidates, cancellation of a decision of an election commission on the voting results or on election returns shall be exhaustive.
(In the version of the constitutional Laws of the Kyrgyz Republic No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 47. Liability for the violation of the electoral rights.
The persons listed below shall be criminally or otherwise liable in accordance with the laws of the Kyrgyz Republic:
1) who by means of violence, deceit, threats, forgery or otherwise prevent citizens from freely exercising their right to elect and be elected, or who violate the confidentiality of voting or violate the rights of citizens to familiarize with the voter list or force or prevent citizens to / from signing in support of a candidate or participate in the forging of such signatures or bribe voters;
2) who abuse the administrative resource for the purpose of election or fail to timely form and clarify information about registered voters (voter lists) before sending this information to the relevant election commissions; violate the rules of election financing, including persons who delay the transfer of funds to the election commissions; who give citizens ballot papers in order to provide them with the opportunity to vote for other persons; who forged the electoral documents, who have drawn up and issued knowingly false documents; who knowingly counted votes incorrectly or knowingly set the voting results, establish the election returns; who failed to present or failed to publish information about the results of voting, the election returns in violation of their duties;
3) who disseminate knowingly false information about candidates, political parties or committing other actions that defame the honor and dignity of candidates, their close relatives and representatives of candidates, political parties and their representatives or violate the rights of the members of election commissions, observers, international observers, representatives of candidates, political parties, the mass media, including the right to timely receive information and copies of election documents; or unreasonably denying the registration of observers, international observers, candidates, lists of candidates, political parties, representatives of candidates and political parties, the mass media; who prevent the implementation of voting rights at the polling stations or violate the rules of election campaigning, including those campaigning during the day preceding the voting day or on the voting day; who prevent or illegally interfere in the work of the election commissions, related to the performance of their duties; who have taken the ballot papers from the voting hall; who failed to submit or publish reports on the expenditure of funds for the preparation and conduct of elections, financial reports on the election funds of candidates, political parties and financial reports on the expenditure of the budget allocated for the conduct of elections, as well as employers refusing to provide vacations for participation in elections envisaged in the present constitutional Law.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Chapter 10. Presidential elections.
Article 48. Calling the presidential elections.
1. Regular elections of the President shall be held on the third Sunday of October of the year in which the term of office of the acting President expires and shall be called by the Jogorku Kenesh not later than 4 months before the election day.
2. Early elections of the President shall be called by the Jogorku Kenesh in cases stipulated by the Constitution, no later than one week from the day on the expiration of the presidential term and shall be held within 3 months from the day on which the term of the acting President expires. In such a case the time limits for electoral actions established by the present constitutional Law shall be reduced by one quarter.
3. In the event that the Jogorku Kenesh fails to call the elections or early elections of the President within the terms specified in paragraphs 1 and 2 of this Article, the elections or early elections of the President shall be considered to be called. In such cases, the day following the day of expiry of the period for calling the elections shall be considered the day of the election.
4. Upon occurrence of circumstances specified in paragraph 3 of this Article the Central Election Commission, no later than 2 calendar days from the day when the elections were considered to be called, shall officially publish in the mass media the date of elections or early elections of the President and organize the preparation and holding the elections within the time limits specified in this constitutional Law.
(In the version of the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017)
Article 49. Procedure of nomination of the presidential candidate.
1. The number of presidential candidates shall not be limited. A person who has collected at least 30,000 voter signatures and paid an election deposit of 10,000 specified rates established by law from personal funds or from the funds of his / her election fund to the special account of the Central Election Commission may be registered as a presidential candidate.
2. Nomination of presidential candidates shall start from the day following the day of official publication of the decision on the calling of the elections and shall end 75 calendar days prior to the election day.
3. The right to nominate presidential candidates shall belong to citizens by way of self-nomination as well as to the political parties registered in accordance with the established procedure on the day of official publication of the decision on calling the elections.
The State executive agency authorized to perform functions in the area of state registration of political parties shall make a list of registered political parties and no later than 3 calendar days since the date of entry into force of the decision on calling the elections shall ensure the publication of the list in the sources of official publication of normative legal acts of the Kyrgyz Republic, indicating the head of each political party, its members and within the same period shall send the said list to the Central Election Commission.
4. A political party shall nominate a presidential candidate in accordance with the procedure provided for in its charter, in accordance with the requirements of legislation on political parties and the present constitutional Law. In accordance with the legislation the candidate shall be responsible for the reliability of submitted documents.
A protocol of the decision of a political party to nominate a candidate, together with a statement of consent to run for President, shall be submitted by an authorized representative of the political party to the Central Election Commission in a machine-readable form.
The Central Election Commission shall be obliged to issue a written confirmation (certificate) of receipt to the person who submitted the documents.
The confirmation (certificate) shall be issued immediately upon the submission of the documents.
5. To nominate a presidential candidate, a candidate or the political party that nominated the candidate shall submit to the Central Election Commission the following documents (in printed form in the form determined by the Central Election Commission):
1) statement of the candidate on his / her intention to run for the office of the President by self-nomination;
2) in the event that the candidate is nominated by a political party - minutes of the decision of the political party on the nomination of the candidate, together with the statement of the candidate to run for President from the given political party, as well as notarized copies of the charter of the political party and the certificate of state registration (re-registration) of the political party;
3) a copy of the passport;
4) a certificate provided for in Article 51 of the present constitutional Law;
5) a document:
- on the absence of citizenship of another State;
- on existing criminal records indicating the number(s) and name(s) of the article(s) of the Criminal Code of the Kyrgyz Republic on the basis of which the candidate was convicted, article(s) of the law of a foreign country if the candidate was convicted in accordance with the said legislative acts for the acts recognized as a crime by the acting Criminal Code of the Kyrgyz Republic, or on the absence of a criminal record;
6) written consent to the collection and processing of personal data, including the existence or absence of citizenship of another state (including previous citizenship, other citizenships).
6. A candidate shall be obliged to personally submit to the Central Election Commission the documents stipulated by part 5 of this article, except for cases when he or she is sick, in places of detention for suspected and accused persons (in this case, the authenticity of a candidate’s signature on the application must be notarized or certified in writing by the administration of the in-patient medical and prophylactic institution in which the candidate undergoes treatment or by the administration of the institution in which he or she is being detained as a suspected and accused person). The authority of a person to submit documents at the candidate’s request shall be confirmed by a power of attorney given by the candidate in accordance with legislation on the notary.
Regardless of the nomination procedure a candidate and a political party shall be responsible for the submission of documents for the elections, the completeness and reliability of the information contained therein as well as for the compliance of the execution of the submitted documents approved by the Central Election Commission.
In the event of having detected signs of violation of the legislation, entailing criminal or other responsibility, the Central Election Commission sends to the law enforcement or other authorized agencies or a court relevant documents and materials to establish the fact of violation and to decide on bringing the guilty persons to account.
7. The Central Election Commission after submission of all documents specified in paragraph 5 of this Article shall immediately issue the person who submitted the documents a written confirmation (certificate) of receipt, indicating the date of receipt and the list of submitted documents.
8. In the event that the Central Election Commission finds that the documents of a candidate are incomplete and (or) there are inconsistences, within 48 hours after receiving the documents, the Central Election Commission shall notify the candidate or the political party that nominated the candidate about the detected irregularities. A candidate or a political party shall have the right, within 48 hours since the receipt of the notification, to present necessary documents, amendments and submit the corrected documents to the Central Electoral Commission.
The Central Election Commission shall return the documents to the candidate in the event that within 48 hours the candidate fails to submit the necessary or corrected documents, then the previously issued written confirmation (certificate) shall be considered invalid. The return of documents shall not prevent the re-nomination of a candidate within the period specified in paragraph 2 of this Article.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 50. Requirements towards the presidential candidate.
1. The President of the Kyrgyz Republic shall be elected for the term of 6 years.
2. One and the same person shall not be elected President twice.
3. A citizen of the Kyrgyz Republic who does not have citizenship of a foreign state, is not younger than 35 years of age and is not older than 70 years of age, speaks the state language and has lived in the Kyrgyz Republic for at least 15 years in total may be elected President.
4. The compliance of a presidential candidate with the requirements set forth by the Constitution shall be established by the Central Election Commission within 10 calendar days from the moment of issuance to the candidate a written confirmation (certificate) on receipt of documents specified in paragraph 5 of Article 49 of this Constitutional Law. In this case the fact of residence of the presidential candidate in the Kyrgyz Republic for not less than 15 years in total shall be established based on the information from the authorized border agency and the authorized state population registration agency.
The Central Election Commission shall be obliged to issue a certificate to the nominated candidate confirming the compliance of the nominated candidate with the requirements of the Constitution and the present constitutional Law.
5. The Central Election Commission shall publish on the official website the data of the nominated candidates (surname, name, patronymic) complying with the requirements of the Constitution and the present constitutional Law, indicating the nature of nomination (self-nomination or political party).
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 51. Determination of knowledge of the state language by the presidential candidate.
1. The presidential candidate shall have a command of the state language at the level of communicative competence in all spheres of communication for professional activity, characterized as “above average” level according to the requirements of the system for determining the level of state language proficiency approved by the Government. The level of language proficiency shall be confirmed by a certificate of the established form (hereinafter - the certificate on the level of state language proficiency).
2. The certificate on the level of state language proficiency shall be issued by an authorized state agency or institution in the field of assessing the level of state language proficiency based on the results of tests.
3. (Lost its effect in accordance with the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
(In the version of the constitutional Laws of the Kyrgyz Republic No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 52. Collection of signatures for the support to a presidential candidate.
1. A presidential candidate must be supported by at least 30,000 signatures of voters.
2. The collection of signatures shall be carried out from the day of establishment of the candidate’s election fund and shall be organized by the authorized representatives of the candidate. All expenses related to the manufacturing of signature sheets and the collection of signatures shall be incurred only through the election fund of a candidate. Voter signatures in support of a candidate can be collected from the day of payment for the production of signature sheets.
3. Signatures may be collected only among voters having active voting rights. Voter signatures are collected at the place of work, service, study, residence, at campaigning events and in other places where campaigning and signature collection are not prohibited by the present constitutional Law.
State agencies, bodies of local self-government, management bodies of organizations regardless of their form of ownership, institutions, members of election commissions shall not be allowed to participate in the collection of signatures; the coercion of voters in the process of collecting signatures and their remuneration for making a signature shall not be allowed as well.
4. The right to collect signatures shall belong to an adult capable citizen of the Kyrgyz Republic.
5. Voters may sign in support of different candidates, but only once in support of one and the same candidate.
6. The form of the signature sheet, the procedure for collecting and checking signatures shall be determined by the Central Election Commission.
The number of submitted signatures shall not exceed 60 thousand.
7. The signature sheets for collection of signatures in support of a presidential candidate together with the document confirming the payment of the electoral deposit in the amount of 10,000 specified rates established by the legislation shall be submitted by the authorized representatives to the Central Election Commission not later than 50 calendar days prior to the election day. The Central Election Commission within 10 days shall verify the authenticity of signatures with the involvement of registration services and experts of the authorized state forensic agency. When accepting signature sheets, the Central Election Commission shall certify each signature sheet with a seal and issues a written confirmation on accepting the signature sheets.
8. The verification of signatures shall be carried out prior to the establishment of authenticity of signatures in the quantity necessary for a presidential candidate in accordance with paragraph 1 of this Article.
Each case of verification must be notified to all candidates who have submitted signatures for registration. All candidates or their authorized representatives who have submitted an established number of signatures may be present during signature verification.
9. The signature sheets shall be considered invalid if the requirements set forth in this Article are not met.
10. The Central Election Commission shall verify the personal data and information of citizens indicated in signature sheets, including using the system of electronic interagency interaction in accordance with the law.
11. Based on the results of the verification, the Central Election Commission shall issue to the candidate or his / her authorized representative a document in the form determined by the Central Election Commission, which confirms the submission of the number of reliable signatures of voters in support of the candidate established by the Constitution and the present constitutional Law.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 53. Registration of presidential candidates.
1. For the registration, the presidential candidate or his / her authorized representative not later than 45 calendar days prior to the election day, in addition to the documents previously submitted in accordance with Article 49 and part 7 of Article 52 of the present constitutional Law, shall submit to the Central Election Commission the questionnaire with biographical data.
The Central Election Commission shall immediately after submission of all documents issue the person who presented the documents a written confirmation (certificate) of receipt, indicating the date of receipt and a list of submitted documents.
2. The Central Election Commission within 10 calendar days from the date of receipt of documents shall verify them and make a decision on the registration of a candidate. In the event that there are inaccuracies or missing documents, the Central Election Commission shall give a written conclusion on addition of missing documents or correction of errors. Within 3 days from the day of receiving the written conclusion the person submitting the documents shall be obliged to add the missing documents or correct the errors. In the event of non-compliance with the requirements specified in the written conclusion, the Central Election Commission shall make a reasoned decision to reject the registration.
3. The following shall be the grounds for rejecting the registration:
1) failure to submit the documents required under this constitutional Law for the registration of a candidate;
2) insufficient number of submitted credible voter signatures in support of the candidate;
3) absence of passive electoral right of a candidate;
4) failure by a candidate to establish his or her own election fund in cases established by the present constitutional Law;
5) non-compliance with requirements stipulated by Article 21-1 of the present constitutional Law.
In the event that a candidate or the authorized representative of the candidate failed to submit all the documents required for registration specified in this Article, but submitted them additionally before the end of the registration period, the election commission shall be obliged to register the candidate.
4. In the event that the decision to reject the registration of a candidate is taken, the Central Election Commission shall be obliged to provide the candidate or the authorized representative of a political party with a copy of the decision of the election commission within 24 hours from the moment the rejection decision is made. The said decision can be appealed against in court within 5 days.
5. Registration of presidential candidates shall end 35 calendar days prior to the election day.
6. A presidential candidate shall have the right at any time, but not later than 3 calendar days before the voting day, to withdraw from further participation in the election by personally submitting a written statement to the Central Election Commission or by sending a notarized statement through his / her representative. Based on this statement, the Central Election Commission that has registered a candidate shall be obliged to make a decision on cancellation of registration of the candidate.
7. The Central Election Commission, no later than on the 5th calendar day after the registration of candidates, shall publish in the mass media a report on the registration, indicating the surname, name, patronymic, year of birth, place of work and residence of each candidate, as well as information about his / her party affiliation.
8. Within 2 calendar days after registration, the Central Election Commission shall issue the candidates with appropriate candidate certificates indicating the date of registration.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 54. Election fund of a presidential candidate.
1. The presidential candidate within 5 calendar days after the Central Election Commission issues the certificate on compliance of the nominated candidate with the requirements of the Constitution and the present constitutional Law shall create his / her own election fund for financing the election campaign pursuant the procedure envisaged in the present constitutional Law.
2. The election funds can be formed from the following money as well as campaigning and information materials which are taken into account by the Central Election Commission:
1) own funds of the candidate which may not exceed the specified rate by more than 150,000 times;
2) funds allocated to a candidate by a political party, which may not exceed the specified rate by more than 500,000 times;
3) voluntary donations of natural persons, each of which may not exceed the specified rate by more than 500,000 times;
4) voluntary donations from legal entities, each of which may not exceed the specified rate by more than 500,000 times.
The limit on expenses of the candidate from the election fund may not exceed the specified rate by more than 2,000,000 times.
Violation of the procedure of the formation of the election fund and exceeding the limit amount of expenses of the election fund shall result in the liability envisaged in the law.
3. (Lost its effect in accordance with the constitutional Law No 96 dated June 5, 2017)
(In the version of the constitutional Laws of the Kyrgyz Republic No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 55. Summing up the voting results and determining the returns of the presidential elections.
1. Based on the protocols of the precinct election commissions, the territorial election commissions at their meetings shall summarize the results of voting at the presidential elections on their territories and shall immediately submit the documentation to the Central Election Commission.
2. The Central Election Commission establishes the results of the presidential elections no later than within 20 days after the voting day. If the results of the vote are appealed against in accordance with the procedure prescribed in the present constitutional Law, the determination of the election returns shall be suspended until the final consideration thereof by a court.
3. The presidential candidate who received more than half of the votes of all voters participating in the elections in the first round of voting shall be deemed elected.
Article 56. Repeated voting.
1. In the event that the ballot paper included more than two presidential candidates and none of them was elected, the Central Election Commission shall call repeated vote for two candidates who received the highest number of votes.
2. Repeated vote shall be held within 20 days from the date of determining the election returns in compliance with the requirements of the present constitutional Law. The communication about the day of repeated vote shall be published by the Central Election Commission in the mass media not later than 3 calendar days from the day of establishment of the election returns.
3. In the event that one of the presidential candidates withdraws before the repeated vote, by the decision of the Central Election Commission, the second candidate for the repeated vote shall be considered to be the candidate who received the largest number of votes at the general election after the candidates for whom the repeated vote was initially scheduled. In case there are no other candidates left, the election shall be held for one candidate.
4. In the event of a repeated vote, the candidate who received the largest number of votes shall be deemed elected.
(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)
Article 57. Repeated elections.
In the event of invalidation of the elections, as well as in case two candidates were included on the ballot paper and neither of them was elected or if no candidate was elected in a repeated voting, the Jogorku Kenesh shall within one month call repeated presidential election.
Repeated elections shall be held in the manner and within the time limits established by the present constitutional Law.
The communication on the repeated elections shall be published in the mass media no later than 3 calendar days after the relevant decision was made.
Article 58. Inauguration of the President.
1. Within 30 calendar days since the official publication of the election returns the President-elect shall take the following oath to the people of Kyrgyzstan in the presence of the deputies of the Jogorku Kenesh:
“I, ... on assuming the office of the President of the Kyrgyz Republic, swear before God and my people to justly exercise the powers of the Head of State, to protect human and civil rights, to strictly follow the Constitution of the Kyrgyz Republic, to protect the unity of the people, the integrity and security of the State.”
The oath shall be pronounced by the President in the State language.
The ceremony of taking the oath by the President is broadcast on national television and radio.
2. The official publication of the presidential election returns shall be carried out by the Central Election Commission in the mass media within 3 calendar days.
3. The Central Election Commission shall register the President-elect and, upon taking office, issues a certificate of presidential election, insignia - a breastplate and the Standard (flag) of the President with his surname, name and patronymic engraved on it, and the dates of his term of office.
(In the version of the constitutional Law of the Kyrgyz Republic No 221 dated November 25, 2011)
Chapter 11. Elections of the deputies of the Jogorku Kenesh.
Article 59. Calling the elections of the deputies of the Jogorku Kenesh.
1. Any citizen of the Kyrgyz Republic who has reached the age of 21 on the election day and has the electoral right may be elected the deputy of the Jogorku Kenesh.
2. Deputies of the Jogorku Kenesh are elected for five years for a precinct under the proportional system.
3. Regular elections to the Jogorku Kenesh shall be called by the President not earlier than 100 calendar days and not later than 90 calendar days before the voting day. The voting day shall be the first Sunday of the month of expiry of the constitutional term for which the Jogorku Kenesh of the current convocation was elected. The constitutional term for the Jogorku Kenesh shall be calculated from the day of its election. The day of election of the Jogorku Kenesh shall be the voting day, as a result of which the Jogorku Kenesh was elected in its eligible composition.
4. The President shall call early elections of deputies to the Jogorku Kenesh in the event that the Jogorku Kenesh is dissolved and, in the cases provided for in the Constitution, within 5 days from the date of his / her decision or self-dissolution of the Jogorku Kenesh.
The elections should be held no later than 45 calendar days from the date of calling the early elections.
In the event of early elections, the time limits for electoral actions established by the present constitutional Law shall be reduced by one third.
5. The Presidential Decree on the appointment of the day of elections of the deputies of the Jogorku Kenesh shall be officially published in the mass media within 3 calendar days from the date of its signature.
6. In the event that the President fails to call the election of deputies to the Jogorku Kenesh within the terms specified in paragraphs 3 and 4 of this article, the election of deputies of the Jogorku Kenesh shall be considered called. The Central Election Commission within 2 calendar days shall officially publish in the mass media the date of the election of deputies of the Jogorku Kenesh and organize the preparation and holding the elections within the time limits established by the present constitutional Law.
(In the version of the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017)
Article 60. Procedure of nomination of the lists of candidates for the Jogorku Kenesh.
1. The nomination of the lists of candidates for the Jogorku Kenesh shall begin on the day of calling the election and ends 45 calendar days prior to the election day.
2. Political parties have passed state registration and / or re-registration in accordance with the established procedure have the right to nominate lists of candidates for the Jogorku Kenesh at least 6 months before the official publication of the decision on the calling of elections. The state executive agency authorized to carry out functions in the sphere of state registration of political parties, shall make the list of registered political parties and not later than 3 calendar days from the date of coming into force of the decision on calling the elections shall provide the publication of the list in the official publications of normative legal acts of the Kyrgyz Republic with the indication of the head of each political party and within the same time period shall send the specified list to the Central Election Commission. The decision to nominate the list of candidates is taken by secret ballot at the congress of a political party.
3. The total number of candidates nominated by a political party on the list may not be less than 75 or more than 200.
In making the list of candidates, a political party should take the following representation into account:
- No more than 70 per cent of candidates of the same sex, with the difference in order of priority in the lists of female and male candidates nominated by political parties should exceed three positions;
- At least 15 per cent of candidates should be 35 years of age or older, and at least 5 of them must be on the list of the first 65 candidates;
- At least 15 per cent of candidates of different ethnic affiliation, with at least 5 of them to be included in the list of the first 65 candidates;
- At least 2 candidates should be persons with disabilities, one of whom must be on the first 50 candidates list.
4. Within 5 calendar days after the calling of elections to the Jogorku Kenesh, political parties wishing to participate in the elections must send to the Central Election Commission a written notification of participation in the elections, indicating the name and data of the authorized representative of the political party with the right of signature on the electoral documents required from the political party under this constitutional Law. The written notification, accompanied by a notarized copy of the charter of the political party, should be signed by the leader of the political party and be certified by the seal of the political party.
A political party shall agree with the Central Election Commission on the short name and emblem used in the electoral documents, in the event that they differ from the name and emblem described in its charter. The changing of the name and emblem of a political party once they are submitted to the Central Electoral Commission until the end of the electoral process should not be allowed.
The Central Election Commission shall be obliged to immediately issue a written confirmation of receipt of this notice to a political party and a certificate for the opening a special election account in order to form the election fund of a political party.
5. The list of candidates nominated by a political party and certified by the signature and seal of a political party shall be submitted to the Central Electoral Commission.
After the list of candidates is submitted to the Central Election Commission, its composition and the placement of candidates thereon cannot be changed, except for changes caused by the withdrawal of candidates. In such case, the seat of the withdrawn candidate shall be held by another member of a political party, taking into account the requirements of paragraph 3 of this Article.
(In the version of the constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 61. Registration of a list of candidate to the Jogorku Kenesh.
1. To register the list of candidates, the authorized representatives of political parties shall submit the following documents to the Central Election Commission no later than 40 calendar days prior to the election day, before 6 PM local time:
1) the decision of a political party to nominate the list of candidates, certified by the signature of the leader of a political party and the seal of a political party;
2) special forms of information about the candidate filled in by each candidate included in the list of candidates, including biographical and other data, a copy of passport, certificate from the place of work or study, information on absence of citizenship of another state, criminal record, written consent to the processing of personal data on the presence or absence of citizenship of a foreign state (including previous citizenships, other citizenships);
3) a document certifying the placement of the election deposit.
Documents that are submitted to the Central Election Commission shall be certified by the signature of the leader of the political party and the seal of the political party.
In case of nomination of a candidate with disabilities in this connection unable to write an statement of self-nomination and to fill in other documents provided for by the present constitutional Law, this person shall have the right to get assistance of another person for this purpose. The powers of the person assisting in completing the registration documents shall be certified by a notary.
The Central Election Commission shall be obliged to issue a written confirmation (certificate) of receipt to the person, who submitted the mentioned documents. The confirmation (certificate) shall be issued immediately after submission of the documents.
2. Political parties that have nominated lists of candidates, from the funds of their election funds, shall contribute to the special fund of the Central Election Commission an election deposit in the amount of 10,000 thousand specified rates established by the legislation.
(In the version of the constitutional Law No 2 dated November 11, 2020).
3. The Central Election Commission within 10 calendar days from the day of acceptance of the documents verifies compliance of the procedure of nomination of the list of candidates with the requirements of this constitutional Law and shall register the list of candidates or make a reasoned decision on refusal of registration. This verification is carried out, inter alia, through a system of electronic interagency interaction approved by the legislation. In the event that the election commission detects discrepancies in the documents of a candidate or a list of candidates, which serve an obstacle for the registration of that candidate or list of candidates, within 24 hours after receipt of the documents, the election commission must notify the political party about those discrepancies. The political party shall be entitled, within 48 hours of receiving the notification, to make the necessary changes and submit the corrected documents to the respective election commission.
4. The registration of one and the same person in more than one candidate list shall not be allowed.
5. The registration of the list of candidates for deputies shall end 30 calendar days before the election day.
6. In the event that no list of candidates is registered in a precinct or only one list of candidates is registered within the time limits established by this article, the elections shall be postponed by the decision of the Central Election Commission for 25 calendar days for additional nomination of the list of candidates and implementation of subsequent election actions.
7. In the event that a decision is made to refuse the registration of a candidate or a list of candidates, the Central Election Commission shall, within 24 hours from the moment the adoption of this decision, issue a representative of a political party a copy of the decision of the election commission stating the grounds for refusal.
The following are the grounds for refusal:
1) Failure to submit the documents required under this constitutional Law for the registration of the list of candidates;
2) Failure to comply with the nomination procedure provided by the present constitutional Law;
3) Absence of passive electoral right of a candidate;
4) The fact of registration of a candidate in the list of another political party at these elections;
5) Failure of a political party to establish its election fund;
6) The candidate’s citizenship of another state;
7) State registration of a political party less than 6 months before the date of calling the elections.
In the event that the authorized representative of a political party fails to submit all the documents required for the registration specified in this Article, but submits them additionally before the end of the registration term, the Central Election Commission shall be obliged to register the candidate or the list of candidates.
8. Grounds for rejection of registration envisaged in this Article with regard to certain candidates included in the list of candidates may serve only as grounds for excluding them from the list of candidates.
9. A decision on refusal to register the list of candidates can be appealed against to a higher election commission or court within 2 calendar days from the moment the decision is received.
10. A candidate in the list of candidates shall have the right at any time, but not later than 3 calendar days before the voting, to withdraw from further participation in the elections by personally submitting a written statement or submitting through an authorized person a notarized statement to the Central Election Commission. Based on this statement, the Central Election Commission, which registered the list of candidates, shall be obliged to make a decision on excluding a candidate from the corresponding list of candidates.
A political party at any time, but not later than 5 calendar days before the voting day, shall have the right to exclude some candidates from the registered list by submitting a relevant written statement to the Central Election Commission. Based on the said statement, the Central Election Commission, which registered the list of candidates, shall make a decision on excluding a candidate from the corresponding list of candidates.
A political party at any time, but not later than 10 calendar days before the voting day, shall have the right to withdraw the list of candidates and refuse to participate in the elections by submitting a relevant written statement to the Central Election Commission. Based on this statement, the Central Election Commission shall be obliged to cancel the decision on registration of the corresponding list of candidates.
11. The Central Election Commission shall, no later than 5 calendar days after registration of the list of candidates, publish in the mass media a communication on the registration of the list of candidates, indicating the names of political parties, as well as the surname, first name, patronymic, year of birth, position (occupation) of the candidates included in the list of candidates from political parties.
12. The Central Election Commission, within 2 calendar days after registration, shall issue to candidates appropriate certificates of a candidate specifying the date of registration.
(In the version of the constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Article 62. Election fund of a party which nominated a list of candidates.
1. Political parties that nominated the lists of candidates shall create their own election funds to finance the election campaign in the manner prescribed in the present constitutional Law.
2. Election funds may be created from the following monetary funds, as well as campaigning and information materials, which are taken into account by the Central Electoral Commission:
1) own funds of a candidate included in the list of candidates, which may not exceed the specified rate by more than 15,000 times;
2) own funds of a political party, which cannot exceed the specified rate by more than 1,000,000 times;
3) donations from natural persons, which cannot exceed the specified rate by more than 2,000 times;
4) donations from legal entities, the amount of which cannot exceed the specified rate by more than 30,000 times.
The maximum amount of expenditures of a political party that has nominated a list of candidates from the election fund cannot exceed the calculated amount by more than 3,000,000 times.
Violation of the procedure for the formation of the election fund and exceeding the limit of expenditure from the election fund shall result in the liability envisaged in the legislation of the Kyrgyz Republic.
(In the version of the constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 116 dated August 8, 2019)
Article 63. Repeated elections.
1. In the event that the Central Electoral Commission recognizes that all deputy mandates in a precinct remained not distributed, in the event that all political parties are excluded from the distribution of mandates in accordance with paragraphs 2 and 6 of Article 64 of the present constitutional Law, the Central Electoral Commission shall call a repeated election of deputies to the Jogorku Kenesh.
2. Repeated elections shall be held within the time limits envisaged in this constitutional Law. The time limits for electoral action in such case shall be reduced by one third. The communication on repeated elections shall be published in the mass media no later than two calendar days after the Central Election Commission makes the relevant decision.
Article 64. Establishment of the election returns.
1. On the basis of the protocols of the election commissions the Central Election Commission, shall count the votes cast in the precinct for each list of candidates by summing up the data contained in the protocols.
2. Political parties shall be excluded from the distribution of deputy mandates per precinct if the lists of candidates received:
1) less than 3 percent of the votes of those who took part in the election in the whole Republic;
(In the version of the constitutional Law No 2 dated November 11, 2020).
2) Less than 0.7 per cent of the votes of those who took part in the election for each province, and for the cities of Bishkek and Osh.
Political parties whose lists of candidates received 7 per cent or more of the votes of those who took part in the election in the Republic as a whole, and 0.7 or more per cent of the votes of those who took part in the voting for each province, city of Bishkek and Osh, shall receive deputy mandates, the number of mandates shall be determined according to the methodology envisaged in paragraph 3 of this article.
3. The Central Election Commission shall count the sum of votes cast in an electoral precinct for the lists of candidates of political parties who received 3 percent or more of the votes cast in the country as a whole; 0.7 percent or more of the votes cast in each province and in the cities of Bishkek and Osh. This sum of votes is divided by 120 i.e. the number of deputy mandates distributed in a single precinct. The result obtained is the first electoral quotient (quota for receiving one mandate).
(In the version of the constitutional Law No 2 dated November 11, 2020).
Then the number of votes received by each list of candidates participating in the distribution of deputy mandates is divided by the first electoral quotient. The quotient of the obtained figure shall be the number of deputy mandates to be received by the respective list of candidates.
In the event that actions carried out according to the second paragraph of this Part, part of mandates remains undistributed, their secondary distribution shall be made. Undistributed mandates shall be by one transferred to one list of candidates who have the largest fractional part (balance) of the number resulting from the division, made according to the second paragraph of this Part. In the event that the fractional parts are equal, the preference shall be given to the list of candidates for which there were more votes cast. If the number of votes is equal, the preference shall be given to the list of candidates registered earlier.
4. Distribution of deputy mandates among candidates from the list of candidates of political parties shall be carried out in accordance with the order of candidates’ placement in this list, determined during the registration of the list with the Central Election Commission.
5. Based on the election returns a political party may be granted no more than 65 deputy mandates in the Jogorku Kenesh.
6. The Central Election Commission shall make a protocol on the distribution of deputy mandates for an electoral precinct among political parties in accordance with the conditions established in this article. The following shall be additionally added to the protocol:
1) names of political parties allowed to participate in the distribution of deputy mandates;
2) the name, surname and patronymic of elected deputies from each list of candidates.
7. The Central Electoral Commission shall recognize that all deputy mandates in an electoral precinct remained undistributed in the event that all political parties are excluded from the distribution of deputy mandates in accordance with paragraph 2 of this Article. In this case, the Central Electoral Commission calls repeated elections for this precinct.
8. The official publication in the media of the returns of the elections of deputies of the Jogorku Kenesh shall be carried out by the Central Election Commission within 2 weeks from the date of establishment of the election returns.
(In the version of the constitutional Laws of the Kyrgyz Republic No 96 dated June 5, 2017; No 68 dated June 30, 2020)
Article 65. Registration of the deputies of the Jogorku Kenesh, replacement of the vacant deputy mandate.
1. The Central Election Commission, after signing the protocol on the election returns, shall inform the political parties allowed to distribute deputy mandates and the elected candidate. The elected candidate shall, within 3 days, submit to the Central Election Commission a copy of the statement on resignation of powers incompatible with the status of the deputy of the Jogorku Kenesh.
In the event that a candidate elected to the Parliament fails to fulfill within 3 days the requirement to resign from his / her powers incompatible with the status of the deputy of the Jogorku Kenesh, his / her deputy mandate shall be transferred to the next candidate from the same list.
A candidate who was on the list of candidates of a political party registered by the Central Election Commission, after the vote before the distribution of deputy mandates shall have the right to apply in writing to the Central Election Commission for withdrawal from the list of candidates. The written statement of withdrawal from the list of candidates shall be made by the candidate in the form approved by the Central Election Commission, notarized and submitted by the candidate personally. The Central Election Commission shall make a decision to remove a candidate from the list of candidates. An statement to withdraw from the list of candidates can be cancelled before the Central Election Commission takes a decision on his / her removal from the list of candidates.
2. The Central Election Commission, after determining the elections returns and receiving from candidates elected as deputies statements for the resignation from powers incompatible with the status of deputy of the Jogorku Kenesh, within 3 days shall register the elected deputies and give them a certificate and a badge of the established design.
3. In case of early departure of a deputy elected as a result of distribution of mandates among political parties based on the lists of candidates, his / her mandate shall be transferred by decision of the Central Election Commission to the next candidate from the same list taking into account the requirements of paragraph 4-1 of this Article.
4. Early termination of powers of deputy within the meaning of this Article shall mean:
1) submission of a written statement for resignation or withdrawal from the faction;
2) a court declares him / her incapacitated;
3) death of a deputy;
4) entry into legal force of the court decision declaring him/her missing or dead;
5) entry into force of the court guilty verdict against him / her;
6) transfer to work or failure to leave the work incompatible with the exercise of deputy powers;
7) departure from the Kyrgyz Republic for permanent residence;
8) withdrawal from citizenship, loss of citizenship of the Kyrgyz Republic, the fact of existence of another citizenship or acquisition of another citizenship;
9) absence for 30 or more working days at the sessions of the Jogorku Kenesh without good reasons;
10) annulment of the elections.
4-1. In the event of early termination of a deputy’s powers, his mandate shall be transferred to the next registered candidate:
1) from among female candidates, in the event of termination of the powers of a female deputy;
2) from among male candidates, in the event of termination of the powers of a male deputy.
In the event of absence of the relevant sex in the list of candidates, the deputy mandate shall be handed over to the next candidate from the same list.
5. If there are no candidates left in the list of a political party, the mandate shall remain vacant until the next elections to the Jogorku Kenesh.
(In the version of constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)
Chapter 12. Final Provisions
Article 66. Transitional provisions.
(Lost its effect in accordance with the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017)
Article 67. Entry into force of the present constitutional Law.
1. The present constitutional Law shall enter into force since the day of its official publication.
Published in the “Erkin Too” newspaper No 54 dated July 5, 2011.
2. From the date of entry into force of the present constitutional Law the following shall be deemed null and void:
Electoral Code of the Kyrgyz Republic (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 1999, No 9, page 436);
The Law of the Kyrgyz Republic “On Amendments to the Electoral Code of the Kyrgyz Republic” (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 2007, No 10, page 775);
The Law of the Kyrgyz Republic “On the new version of the Electoral Code of the Kyrgyz Republic”. (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 2007, No 10, page 777);
The Law of the Kyrgyz Republic “On Amendments to the Electoral Code of the Kyrgyz Republic”. (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 2009, No 1, page 3);
Article 1 of the Law of the Kyrgyz Republic “On changes and amendments to some legislative acts of the Kyrgyz Republic (Electoral Code of the Kyrgyz Republic, Administrative Liability Code)”. (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 2009, No 1, page 20);
Article 1 of the Law of the Kyrgyz Republic “On changes and amendments to some legislative acts of the Kyrgyz Republic”. (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 2009, No 7, page 735);
Article 8 of the Law of the Kyrgyz Republic “On changes and amendments to some legislative acts of the Kyrgyz Republic”. (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 2009, No 9, page 871).
R.Otunbaeva,
The President of the Kyrgyz Republic
Adopted by the Jogorku Kenesh of the Kyrgyz Republic on June 30, 2011