Electoral Code (1999, lastly amended 2005)
"This translation is provided by IFES and is unofficial. It is current through 21 January 2005"
Bishkek city, issued on May 29th 1999, No. 39
Code of the Kyrgyz Republic
On Elections in the Kyrgyz Republic
(In the editions of the Laws of the KR dated from
22 November 1999 N 124, 25 November 1999 N 127,
15 December 1999 N 144, 17 July 2000 N 59,
25 July 2000 N 64, 4 October 2000 N 84,
14 October 2001 N 87, 24 January 2004 N 7,
30 April 2004 N 56, 22 October 2004 N 183,
22 October 2004 N 184, 25 October 2004 N 185,
18 December 2004 N 193, 23 December 2004 N 194,
29 December 2004 N 195, 6 January 2005 N 5)
(Entered into force through the Law of the KR issued on May 29th 1999, No. 40)
Full powers in the Kyrgyz Republic are based upon the people’s free will that is conveyed in regularly conducted democratic elections, based on the principles of universal, equal, direct suffrage with secret ballots.
The state provides guarantees of citizens' election rights to elect and to be elected to state and local self-governing bodies.
(In the edition of the Law of KR issued on January 24th 2004, No. 7)
I. GENERAL PART
Chapter I
General Provisions
Citizens’s election rights
Article 1. Relations regulated by this Code
In compliance with the Constitution of the Kyrgyz Republic, the present Code of the Kyrgyz Republic shall define the citizens’ election rights and their guarantees and shall regulate the relations developing in the process of preparation and conduct of elections of the President, deputies of the Jogorku Kenesh, deputies of local keneshes, and heads of local self-governments of the Kyrgyz Republic.
(In the edition of the Law of the KR issued on October 14th 2001 year, No.87, and on January 24th 2004, No.7)
Article 2. Principles of Citizen's Participation in Elections
1. Elections in the Kyrgyz Republic shall be conducted on the basis of universal equal and direct suffrage by secret ballot.
Elections in the Kyrgyz Republic shall be based on free and voluntary implementation of election rights by a citizen of the republic. No one has the right to force a citizen to participate or not participate in elections as well as to influence his/her free will.
2. A citizen of the Kyrgyz Republic living or staying outside its territory shall exercise full election rights during elections in the Kyrgyz Republic. Diplomatic and consular institutions of the Kyrgyz Republic shall facilitate realization of election rights of a citizen of the Kyrgyz Republic established by this Code.
Reference:
CEC Decree issued on December 13th 2004 # 86 “On approving Provision “On organization of participation in election of citizens of the Kyrgyz Republic, living or staying outside of its territory.”
Article 3. Universal suffrage
1. Any citizen of the Kyrgyz Republic above 18 years of age is entitled to elect, and when he/she reaches the age established by the Constitution and this Code, also be elected to the state and local self-government bodies.
2. Citizen of the Kyrgyz Republic may elect and be elected irrespective of his/her origin, sex, race, ethnicity, official and property status, faith, political and religious beliefs, and other circumstances.
3. Citizens recognized as incapable by the Court or those imprisoned by Court decision shall not have the right to elect and to be elected.
4. Those whose previous convictions have not been expunged or cancelled according to the procedure established by law shall not have the right to be elected to the state and local self-government bodies.
(In the edition of the Law issued on January 24th 2004 year No.7)
Article 4. Equal Suffrage
Citizens of the Kyrgyz Republic shall participate in elections of the Kyrgyz Republic on equal grounds.
Article 5. Direct suffrage
Any citizens of the Kyrgyz Republic shall vote in elections directly.
Article 6. Secret Voting
Voting in the Kyrgyz Republic elections shall be secret and exclude any control over citizens’ will.
Article 7. Obligation and periodicity of elections
1. The terms of office of organs of state power and local self-government bodies shall be established by the Constitution and laws of the Kyrgyz Republic.
2. Elections of organs of state power and local self -government bodies are obligatory and shall be conducted periodically within the terms established by the Constitution of the Kyrgyz Republic, this Code and laws of the Kyrgyz Republic.
3. Elections shall not be conducted during the state of emergency or martial law.
(In the edition of the Law issued on January 24th 2004 year No.7)
Article 8. Basic Terminology Used in this Code
The following terms are used in this Code:
campaigning materials - printed, audio-visual and other materials containing features of pre-election campaigning and intended for mass dissemination, promulgation in the course of an election campaign;
campaigning (pre-election campaigning) - the activity of citizens of the Kyrgyz Republic, candidates, political parties, election blocs aimed at inducing constituents to participate in elections and to vote "for" this or that candidate or against all of them;
charitable activity – voluntary activity involving unselfish (free of charge or on preferential terms) transfer of property to citizens or juridical persons including financial assets and disinterested execution of work and provision of services;
“close relatives” - parents, husband (spouse), children, one’s native brothers and sisters,
guarantees of citizen's election rights - administrative, legal, informational and other means of ensuring election rights of citizens of the Kyrgyz Republic;
head of the local self-government – the highest official in the local self-government system on the territory of respective kenesh who is elected by citizens of the Kyrgyz Republic on the basis of universal equal direct suffrage with secret ballot;
civil servant - a citizen of the Kyrgyz Republic, holding a government position, permanently exercising paid professional activity to implement the authorized official responsibilities and accountable for their execution;
document identifying a voter - his/her passport or document replacing it. The following documents can replace a passport: army officer's ID; military card of enlisted personnel; a certificate issued by internal affairs bodies in accordance with the established format; pension certificate; driver's license;
government or local self-government official – a person who exercises permanently, temporarily or by special authority the functions of a government representative or performs administrative and managerial functions in government and self-government bodies;
voter - a citizen of the Kyrgyz Republic enjoying an active election right;
citizens' election rights - a Constitutional right of citizens of the Kyrgyz Republic to elect and to be elected to state and local self-government bodies including participation in nomination of candidates, campaigning, observation of the conduct of elections and work of election commissions that includes identifying voting results and the results of elections, as well as other election actions;
active election right - the right of citizens of the Kyrgyz Republic to elect state bodies and local self-government bodies;
passive election right - the right of citizens of the Kyrgyz Republic to be elected to state and local self-government bodies;
an election bloc - a voluntary association of two or more political parties for joint participation in elections;
election commissions - collegial bodies organizing and providing for preparation and conduct of elections;
single-member territorial constituency (single member territorial constituency)– an electoral district, in which one deputy (MP) is elected;
multi-member constituency (multi member territorial constituency)– an electoral district, in which several deputies (MPs) are elected whereby the voters votes for each candidate on individual basis
information programme – a television programme periodically telecasted by TV and radio broadcasting organizations and containing information on current events and news;
information provision for elections – informing the electorate, campaigning that promotes informed voting of the citizens, and openness of the elections;
election documents, documents of referendum – voters lists (main, additional), lists of early voters, ballot papers – valid, invalid, unused (and accounted for), spoiled (filled in with mistakes) , as well as ballots issed to voters for early voting and for voting outside of polling stations, strike off certificate (absentee certificates), minutes of the elections commissions, their decisions on the matters related to elections and referendums, instructions, provisions, and interpretations of the Central Election Commissionfor Elections and Referendum, registration documents of candidates, summary tables with results of voting, acts on the concurrence of results with those entered into electronic system “Shailoo”, lists and schemes of polling stations.
candidate - a person nominated (including any self-nominating person) in accordance with the established by this Code procedure as an aspirant to fill though elections a position in an organ of state power or local self-government body;
place of stay - a hotel, sanatorium, recreational facility, guest-house, camping, tourist station, hospital and other similar establishment, or living quarters where the citizen lives temporarily and which is not the place of his/her residence;
place of residence - an apartment house, a flat, official apartment, specialized houses (a hostel, hotel-asylum, maneuver fund house, special house for single elderly people, boarding house for disabled people, veterans and others), as well as other housing accommodation in which a citizen lives permanently or lives as the owner, as a tenant under a lease (sublease) agreement, tenancy agreement or any other grounds stipulated by laws of the Kyrgyz Republic;
municipal servant – a citizen of the Kyrgyz Republic holding a municipal position and permanently carrying out paid on account of the local budget professional activity to implement his/her authorized official duties for which he/she is responsible;
observer - a person appointed by a candidate, political party, election bloc, public association, by voters for keeping an observation of the process of voting, counting of votes, identifying the results of voting and determination of the election returns, according to the procedure established by law;
foreign (international) observer - a person, representing a foreign or international organization who obtained the right to carry out observation of the preparation and conduct of elections in the Kyrgyz Republic according to the procedure established by law;
public association - non-state, non-commercial voluntary union of citizens that is taking part in elections within the limits established by this code;
government bodies - bodies that were established and implement their state powers in accordance with the Constitution and legislation of the Kyrgyz Republic;
permanent residence – place of residence of a citizen certified by the registration stamp of the registration authority in the personal identification document;
law-enforcement agencies - bodies of the Ministry of Internal Affairs, national security, financial police, public prosecutor’s office, customs and taxation services, and Ministry of Justice;
representative local self-government bodies - local self-government authorized to resolve local issues and directly elected by citizens in the territories;
candidate’s representative – an authorized representative, trusted person, observer, representing a registered candidate;
prevailing residence – the place of residence of a citizen related to his productive, scientific, service and other activity;
system administrator – a specialist ensuring operation of the State Automated System “Shailoo” hardware in the respective election commission during the election;
Reference:
Governmental Decree issued on September 2nd 2004 #659 “On approving Provision “On System Administrators”
family member - husband (wife), as well as the children and parents of both spouses who depend on them and live together with them.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7, October 25th 2004 year, No. 185, December 23rd, 2004 year, No.194)
Chapter II
ELECTION COMMISSIONS
Article 9. The System of Election Commissions
1. Election commissions shall administrate preparation and conduct of elections in the Republic and shall provide implementation and protection of electoral rights of citizens of the Kyrgyz Republic.
2. The unified system of election commissions of the Kyrgyz Republic shall be comprised of:
1) Central Commission on Elections and Conduct of Referendum in the Kyrgyz Republic (hereinafter the Central Election Commission);
2) Oblast, Bishkek city, Osh city commissions for elections and conduct of referendums (hereinafter – Oblast, Bishkek city, Osh city election commissions);
3) Territorial election commissions for elections of deputies to the Jogorku Kenesh of the Kyrgyz Republic, deputies to the local keneshes and heads of local self-governments;
4) Rayon, city election commissions;
5) Precinct election commissions.
3. The legal status of election commissions shall be established by the Constitution of the Kyrgyz Republic, this Code, and legislation of the Kyrgyz Republic.
4. Within the limits of their authority election commissions shall be independent from the state and local self-government bodies in the course of preparation and conduct of elections. Any interference of state bodies, local self-government bodies, public associations, political parties, other legal entities, their officials as well as individuals in the activity of election commissions in the course of preparation and conduct of elections shall not be permitted.
5. Election commissions’ acts and decisions, adopted within the limits of their authority, shall be obligatory for the executive government bodies, state agencies, local self-government bodies, public associations, other legal entities, their officials, candidates, voters as well as for subordinate election commissions.
6. A decision of an election commission that contradicts the Constitution of the Kyrgyz Republic, this Code, legislation of the Kyrgyz Republic, or that was adopted in excess of its authority shall be cancelled by the superior election commission or the court.
7. Government authority bodies, local self-government bodies, state and municipal establishments and companies and their officials shall assist election commissions in the exercise of their powers, in particular, by providing necessary premises, transportation, means of communication, technical equipment, information and materials, responding to election commissions’ requests within 3 calendar days in the course of preparation to elections; on the day of voting or on the next day after the day of voting - it shall be done immediately.
8. Public associations, other legal entities, mass media not specified in Clause 9 Article 30 of this Code as well as their officials shall provide election commissions with all necessary information and materials and respond to the election commissions' requests within the timeframes specified by this Code and laws of the Kyrgyz Republic.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)
Article 10. Authority of the Central Election Commission of the Kyrgyz Republic
1. The Central Election Commission of the Kyrgyz Republic shall:
1) control observation of electoral rights of citizens, implementation of the provisions of the Constitution of the Kyrgyz Republic, this Code, laws of the Kyrgyz Republic on the territory of the republic; ensure their uniform implementation;
2) administrate the preparation and conduct of elections of the President of the Kyrgyz Republic, deputies of the Jogurku Kenesh of the Kyrgyz Republic;
3) within the limits of its authority issue resolutions, instructions, regulations, other acts that do not contradict this Code and control their execution;
4) direct the activity of election commissions, exercise organizational and methodological guidance of the lower level election commissions;
5) develop the chart of single mandate territorial constituencies on election of deputies to the Jogurku Kenesh, transfers it to the Jogurku Kenesh for its approval and publishes in mass media the list of constituencies where it shall indicate borders and location of the election commissions
6) form oblast, Bishkek city, Osh city election commissions;
7) establish territorial election commissions for election of deputies to the Jogorku Kenesh of the Kyrgyz Republic and publish their composition in mass media;
8) distribute the funds from the national budget allocated for the conduct of elections among election commissions including the payment for their utilization of premises, transportation and communication means, consider other material and technical issues of elections;
9) set up a special fund and utilize the funds received to conduct elections, develop the electoral system, provide for the authorities and activities of the election commissions;
10) determine accounting procedures for receiving and spending budget funds allocated for the preparation and conduct of elections, and for election funds of candidates, and special funds;
11) establish financial statement forms for election commissions on received and spent funds allocated for the preparation and conduct of elections, financial statements for candidates, and special funds;
12) establish ballot-paper formats, the order for making ballot papers for election of the President of the Kyrgyz Republic; forms and order of making of ballot papers at elections of the deputies of the Jogorku Kenesh of the Kyrgyz Republic, deputies of local keneshes and heads of local self-governments.
13) establish protocol forms for meetings on candidates' nominations, election commission meetings, voters signature lists in support of candidates, lists of voters, other election documents, samples of ballot boxes for voting that shall be assembled from transparent materials, format of the voting booths and election commission seals, duration and procedure for safekeeping election documents and ensures preparation of stamps for the PEC’s. The precinct election commission seal should differ in relation to signatures and digital numbers which are determined by the Central Election Commission. At that, the number of the territorial election commission shall coincide with the number of a respective constituency, and the digital number of the stamp for the PEC shall coincide with the number of a respective PEC
14) ensure printing of ballot-papers for election of the President of the Kyrgyz Republic, deputies of the Jogorku Kenesh of the Kyrgyz Republic and other election documents;
15) hear reports of ministries and administrative agencies of the Kyrgyz Republic, other government and local self-government bodies on issues relating to the preparation and conduct of elections;
16) establish the procedures for participation in elections of observers, foreign (international) observers, representatives of foreign and local mass media, provide them with the relevant documents;
Reference:
CEC Decree issued on August 13th 2004 year # 41 “Handbook for observers in the Kyrgyz Republic”;
CEC Decree issued on August 13th 2004 year #42 Provision “On Status and Responsibilities of foreign (international) observers in the Kyrgyz Repubic”
17) issue instructions on the procedure for providing airtime, and printed media space on the channels of state national TV and radio corporations and in periodic press editions to the candidates;
Reference:
CEC Decree issued on August 13th 2004 year #44 “On casting of lots to distribute free air time”;
CEC Decree issued on August 13th 2004 year #84 “On tracking forms of volume and costs of free and paid air time and print space, provided to registered candidates, political parties, election blocks during election campaign period by organization of mass media and advertisment agencies”;
CEC Decree issued on August 13th 2004 year #85 “On approval of the Standard procedure for concluding agreements for provision of air-time (print space) for conducting election campaign in mass media and advertisement agencies onchargeable bases”
18) establish, together with government and local self-government bodies, oblast, Bishkek city election commissions, the state system of registration (accounting) of voters;
19) make suggestions on assigning of voters outside the territory of the Kyrgyz Republic to single-member territorial constituencies on the basis of data provided by the relevant ministries and agencies of the Kyrgyz Republic;
20) register candidates for the position of the President of the Kyrgyz Republic;
21) register election blocs;
22) inform the electorate on the progress of pre-election campaign;
23) determine results of election of the President of the Kyrgyz Republic on the basis of Bishkek and Osh city and oblast election commissions’ protocols and publish the results in mass media, file the results with the Constitutional Court of the Kyrgyz Republic to obtain its opinion;
24) tabulate the results of elections to the Jogorku Kenesh of the Kyrgyz Republic throughout the republic on the basis of protocols of the territorial election commissions;
25) recognize the outcome or election results invalid according to the procedure established under Clause 4,5 Article 46 of this Code;
26) commit the district electoral commission to conduct a repeated voting or repeated election in the constituency whereby its decision may indicate the necessity to conduct the election by newly-composed district and precinct election commissions in cases and in accordance with an order specified by this code;
27) consider applications and complaints on the decisions and actions of election commissions and make decisions on them;
28) implement the targeted programs on preparation and conduct of elections, development of the election system of the Kyrgyz Republic, legal education of voters, professional training of members of election commissions and other organizers of elections.
29) determines the dates, the order for keeping and transfer of the documents connected to preparation and conduct of elections to the archive.
2. The Central Election Commission shall exercise other powers under this Code and legislation of the Kyrgyz Republic.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)
Article 11. Procedure for the Establishment of the Election Commissions
Reference:
CEC Decree issued on May 28th 2004 year # 13 “On approval of the Provision “On formation and disbandment of election commissions”;
CEC Decree issued on June 15th 2004 year # 15 “On “Provision on Regional, Bishkek and Osh city Commissions for conducting elections and referendum”;
1. Oblast, Bishkek city and election commissions are government bodies and shall be established by the Central Election Commission to comprise a chairperson, a secretary and not less than 7 members. The composition and addresses of oblast, Bishkek city and Osh city election shall be published in mass media by the Central Election Commission not later than 5 calendar days from the day of their establishment. Oblast, Bishkek city and Osh city election commissions shall function on a permanent basis and shall be legal entities. The term of office for oblast, Bishkek city and Osh city election commissions shall be five years. The office of oblast, Bishkek city and Osh city election commissions shall terminate upon the establishment of a new composition of the commissions.
2. Territorial electoral commissions for elections to the Jogorku Kenesh of the Kyrgyz Republic shall be established by the Central Election Commission to comprise a chairperson, secretary and not less than 13 members within 10 calendar days after designation of the elections. The composition and addresses of the district election commissions for the election of deputies to the Jogorku Kenesh of the Kyrgyz Republic shall be published by the Central Election Commission in mass media not later than 5 calendar days after their establishment.
3. Chairpersons of oblast, Bishkek city, and Osh city election commissions shall be full-time officials. Exercise of powers of chairpersons of oblast, Bishkek city, and Osh city election commissions shall be incompatible with other paid work with the exception of scientific-pedagogical and other creative activity.
Members of the election commissions shall work without leaving their main job and on a voluntary basis.
4. District electoral commissions for election of deputies to oblast, Bishkek city and Osh city keneshes shall be established by oblast, Bishkek city and Osh city election commissions to comprise a chairperson, secretary and not less than 7 members not later than 10 calendar days after designation of the elections. The composition and addresses of the district electoral commissions on election of deputies to oblast, Bishkek city and Osh city keneshes shall be published by oblast, Bishkek city and Osh city election commissions in mass media not later than three calendar days after their establishment.
5. Rayon, city election commissions shall be established by oblast, Bishkek city and Osh city election commissions to comprise a chairperson, secretary and not less than 5 members, not later than 10 calendar days after designation of the elections. The composition and addresses of rayon, city election commissions shall be published in mass media by oblast, Bishkek city and Osh city election commissions not later than 3 calendar days after their establishment.
6. Precinct election commissions shall be established by superior election commissions to comprise no less than 7 members 30 calendar days prior to the election day. At this, the precinct election commission members should elect the chairman and secretary. Leaders of state institutions may not be elected as chairpersons and secretaries of the precinct election commissions. The composition and addresses of precinct election commissions shall be published by the relevant election commissions in mass media not later than three calendar days after their establishment.
The eldest member of the precinct election commission shall open the first meeting of the election commission.
7. The election commissions are formed upon submission by relevant local keneshes on the basis of the proposals of political parties, public associations and constituents’ meetings.
Candidates nominated by political parties do not have to be elected and shall be approved automatically. Representatives of political parties shall not comprise more than one-third of the total number of election commission members. In cases, when the number of representatives from political parties exceeds the required number, then the issue shall be resolved by the casting of lots (by sorting from these number of the representatives).
No more than one representative from each political party, public association and voters’ meeting can be elected to the composition of the election commission. State and municipal employees, and employees of municipal bodies, may not comprise more than one third of the total number of the election commission members. This provision may be disregarded when forming precinct electoral commissions at electoral precincts established on the territory of military units, ayils, villages, counties, town-typed villages, located in distant areas that are difficult of access as well as outside of the Kyrgyz Republic.
An application confirming the applicant’s agreement to become a chairman, secretary and member of the election commission should be attached to every protocol of the candidate’s nomination as a chairman, secretary and member of a certain election commission. Lists of candidates for members of the election commissions shall be approved at a special open session of the respective local kenesh.
After the casting of lots, non-elected or non-included candidates to the body of the election commission shall be reserved to be included into the election commission in case if some members of the commission withdraw or in case if the commission is dismissed. In case if there are no reserved candidates to be included to the body of the election commission, superior election commission has the right to include candidates to the body of the election commission. In case if the commission is dismissed, the superior commission has the right to establish a new lower commission out of the candidates nominated by political parties, public associations and voters’ meetings.
In case of premature termination of the tenure of deputies of an appropriate local kenesh or of its dismissal, nominations made by political parties, public associations and voters’ meetings shall be submitted directly to the superior election commission. The superior election commission shall establish an appropriate lower level commission in accordance with the requirements of this item.
8. After registration of a candidate by the corresponding election commission, the registered candidate shall be entitled to appoint one member with a consultative vote to the commission, which effected registration of the candidate, as well as to each of the subordinate election commissions. The registered candidate shall send official documents to the corresponding election commission, the chairperson of which includes the appointed persons in the lists of commission members with consultative vote and issues certificates to them.
Elected public servants, officials of the state bodies and local self-governments, persons who occupy command positions in military units, military organizations as well as judges and prosecutors cannot act as members of the election commissions with a consultative vote.
The authority of the commission member with consultative vote may be terminated by decision of the candidate who appointed this member and transferred to another person.
9. District electoral commissions for elections of deputies to the Jogorku Kenesh, to oblast, Bishkek city, Osh city keneshes shall terminate their authority after 20 days after an official publication of the election returns, including publication of the results of voting in the respective territory; for elections to rayon, town and precinct election commissions- after 10 days after an official publication of their respective results.
10. Election commissions, with exception of permanently working election commissions can be dismissed by the court’s decision or by the CEC in the following cases:
a) violations of citizens’ election rights committed by the election commission that have been confirmed by the superior election commission (as well as by the court’s verdict) in the form of announcing election results at the respective territory as invalid;
b) Non-compliance with decisions issued by the superior election commission, by the court and the Central Election Commission of the Kyrgyz Republic that were adopted in accordance with provisions of this current election code;
c) Violations of the requirments for composing election commissions listed under point 7 of the present article.
11. Respective superior election commission, as well as candidate, can lodge a statement requesting to dismiss an election commission. The Central Election Commission is authorized to consider the issue in relation to dismissal of the territorial election commission on election of deputies of the Jogorku Kenesh of the Kyrgyz Republic on its own initiative but only in accordance with items specified in provision 10 of this article. Decision of the Central Election Commission on dismissing the territorial election commission shall be adopted by a majority vote of the CEC’s members.
The statement requesting dismissal of a commission that organizes elections can be lodged no later than 10 days prior to the voting day or during the conduct of a repeated voting. The statement requesting dismissal of a precinct election commission can be lodged once election results at this precinct election commission have been determined, but no later than 7 days before the repeated voting takes place.
The statement requesting dismissal of an election commission shall be considered immediately, and the decision on it shall be issued no later than 3 days from the day when such a statement was lodged.
12. In case if the decision on dismissing an election commission has been adopted, the superior election commission shall compose a commission of new members.
Election commission shall be established no later than 3 days after the decision on dismissing an election commission has come into force.
13. Dismissal of an election commission does not entail termination of the powers of election commission members with consultative vote.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year , No. 7, December 23th 2004 year, No.194)
Article 12. Oblast, Bishkek city and Osh city Election Commissions and their authority
Oblast, Bishkek and Osh city election commissions shall:
1) control implementation of the provisions of this Code, laws on elections in the Kyrgyz Republic and ensure their uniform application on the territory of oblasts and Bishkek and Osh cities;
2) direct activities of subordinate election commissions, distribute among them state funds allocated for conduct of elections, control their targeted use;
3) organize conduct of elections on their respective territory;
4) develop the charts of constituencies for election of deputies to oblast, Bishkek city, Osh city, rayon, town, settlement and ail keneshes, submit them to relevant local keneshes and publish in mass media the lists and boundaries of the constituencies with indication of the borders and location of the election commissions;
5) establish election commissions stipulated under Clause 4 and 5 of Article 11 of this Code;
6) be authorized to participate in meetings on nomination of candidates for deputies of local keneshes, and for heads of local self-government;
7) control the creation of the necessary logistical conditions for the activities of the subordinate election commissions;
8) establish special funds used for conduct of elections on respective territories;
9) ensure production of ballot-papers for election of deputies to the local keneshes in accordance with the format established by the Central Election Commission and provide the respective election commissions with them;
10) hold hearings of subordinate election commissions, heads of enterprises, institutions and organizations on issues related to preparation and conduct of elections;
11) establish the outcomes and determine the results of elections of the deputies to the oblast and Bishkek and Osh city keneshes and publish them in mass media within the established timeframe;
12) ensure transfer of documents on preparation and conduct of elections for filing with archives or to the superior election commission;
13) consider issues concerning the conduct of repeat elections of the deputies of oblast, Bishkek city and Osh city keneshes;
14) consider applications and complaints on decisions and actions of subordinate election commissions, make decisions on them;
15) adopt resolutions on early termination or withdrawal of the authorities from the deputies of local keneshes and elected heads of local self-governments in cases of their simultaneous exercise of powers that are incompatible with the authority of a local kenesh deputy, an elected head of local self-government as well as in other cases stipulated by (legislation) of the Kyrgyz Republic.
48 hours prior to the adoption of such a resolution, Bishkek and oblast city commissions are obliged to notify these persons in a written manner of incompatibility of their holding positions as well as of their responsibility to inform appropriate election commissions about their resignation from one of the positions.
16) exercise other authorities in accordance with this Code, and laws on elections in the Kyrgyz Republic.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)
Article 13. Territorial Election Commissions and their Authority
1. In order to prepare and to conduct elections the following territorial district election commissions shall be formed:
1) territorial commissions for election of deputies to the Jogorku Kenesh of the Kyrgyz Republic;
2) territorial commissions for election of deputies to oblast and Bishkek city keneshes;
3) territorial commissions for election of deputies to rayon, and city (oblast level) keneshes;
4) territorial commissions for election of deputies to city (rayon level), county and village keneshes;
5) territorial commissions for elections of heads of local self-government.
2. Territorial election commissions shall:
1) exercise control of the implementation of this Code and law on elections in the Kyrgyz Republic on its respective territory;
2) direct the activities of precinct election commissions and hear their reports;
3) control posting of the electoral registers for general familiarization;
4) attend meetings, congresses (conferences) on nomination of candidates for election;
5) register candidates and their proxies and issue them certificates made according to the established format;
6) organize meetings of candidates with voters;
7) ensure observation of equal legal conditions for campaigning for all candidates;
8) approve the text of the ballot-paper for the constituency, provide for printing of ballot-papers and supply of precinct commissions with them;
9) establish the outcome and determine the results of election in its constituency on the basis of precinct election commissions protocols, publish them in mass media and issue a certificate to the elected deputy;
10) ensure transfer of documents on preparation and conduct of elections for filing with archives or to the superior election commission;
11) organize holding of repeat elections as well as election of deputies to fill the seats vacated due to dropout;
12) consider applications and complaints on decisions and actions of precinct election commissions, make decisions on them;
13) command the funds allocated for the preparation and conduct of elections in the constituency, distribute part of these funds among precinct election commissions, control their targeted use on the territory of the constituency;
14) establish special funds used for conduct of elections on their territories;
15) control precinct election commissions’ provision with premises, means of transportation and communication and consider other election related logistical issues;
16) announce elections in the constituency as invalid in cases stipulated under Clause 4,5 of Article 46 of this Code;
17) exercise other authorities in accordance with this Code, laws on elections in the Kyrgyz Republic.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)
Reference:
CEC Decree issued on June 15th 2004 year, # 16 “On “Handbook for territorial election commissions of the Kyrgyz Republic”
Article 14. Rayon, City Election Commissions and their Authority
1. Rayon, city election commissions act as territorial election commissions for election of deputies of rayon, town, settlement, aiyl keneshes and heads of local self-government specified in Article 13 of this Code.
2. Rayon, city election commissions shall:
1) control the preparation and conduct of elections on their respective territory;
2) inform the population about the addresses and telephone numbers of precinct election commissions;
3) coordinate the activities of precinct election commissions on the respective territory, consider complaints and applications on the decisions and actions (failure to act) of precinct election commissions and make decisions on them;
4) command the funds allocated for the preparation and conduct of elections, distribute them among precinct election commissions;
5) ensure observation of equal legal campaigning conditions for all candidates;
6) organize delivery of ballots and other documents to precinct election commissions;
7) provide organizational and technical assistance to precinct election commissions in conduct of voting at their precincts;
8) establish the voting returns for the election on their respective territory, inform mass media about them, and transfer the protocols on voting results to the oblast, Bishkek city election commissions;
9) ensure transfer of the documents on preparation and conduct of elections for filing with archives or to the superior election commission;
10) exercise other authorities in accordance with this Code, and laws on elections in the Kyrgyz Republic.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, #87)
Article 15. Authority of the Precinct Election Commissions
Precinct election commissions shall:
1) notify population about the address and telephone number of the precinct election commission, schedule of its work, as well as the date and place for voting;
2) conduct familiarization of the voters with electoral registers, receive and consider statements on errors and inaccuracies in electoral registers, decide on making appropriate changes in them;
3) control the observance of rules on posting campaigning materials on the precinct territory;
4) ensure preparation of the premises for voting, ballot boxes and other equipment;
5) arrange voting at the precinct on the election day;
6) perform vote count for the precinct;
7) consider statements and complaints on violations of this Code and make decisions on them;
8) ensure transfer of the documents on preparation and conduct of the election to the superior election commission or to the archive;
9) exercise other authorities in accordance with this Code, and laws on elections in the Kyrgyz Republic.
(In the edition of the Law issued on January 24th 2004 year, No.7)
Article 16. Status of an Election Commission member
1. Members of election commissions may not be: deputies of the Jogurku Kenesh of the Kyrgyz Republic, deputies of local keneshes, officials of government and local self-government bodies, judges, candidates, their proxies, authorized representatives, members of other election commissions, candidates’ spouses and close relatives, persons who are immediately subordinated to the candidates.
In this Code the term ‘immediately subordinated’ means official relationships between a leader and a subordinate when the former has administrative authority over the latter i.e. he/she has the right to hire and fire the subordinate, or within his/her official authority, has the right to give him/her orders, directions, instructions that are obligatory for execution, apply incentives and impose disciplinary sanctions.
2. Close relatives shall not be elected to one and the same election commission.
3. Chairperson and members of an election commission may be released from the responsibilities of an election commission member before the expiration of his/her term by decision of the body, which appointed (elected) him/her, in the following cases:
- submission of a written application about his/her resignation;
- moving for permanent residence outside the territory of the Kyrgyz Republic;
- relinquishing or loss of citizenship of the Kyrgyz Republic;
- entry into force of a bill of indictment produced by the court with regard to them;
- recognition by court decision, which became res judicata, as being incapable or partially incapable, a missing or dead person;
- death;
- emergence of the grounds stipulated under Clause 1 of this Article;
- recognition as systematically non-performing his/her duties on the basis of the decision of the body that appointed or elected this member of the election commission submitted to the respective election commission;
- in case of a dismissal of an election commission.
The body that established the election commission shall appoint (elect) a new chairman or election commission member instead of the one withdrawn due to the above circumstances not later than 10 calendar days after the day of his/her withdrawal.
In the event of a drop-out of a member of the election commission due to the above circumstances, the superior election commission shall be entitled to elect as a member of the commission such a candidate that was earlier nominated and approved by the local kenesh.
4. The chairperson and an election commission member who is released for the period of preparation and conduct of elections from his/her main work shall be paid an average monthly salary at the place of his/her main work (irrespective of the form of ownership). Additional payment for work shall be made from the funds allocated for the conduct of elections in accordance with the procedure established by the election commission that is authorized by law to direct the activities of subordinate election commissions on preparation and conduct of the respective election.
The chairperson and an election commission member released from the main place of work shall be given an additional payment in the following amounts:
1) members of oblast, Bishkek city, Osh city election commissions, the chairperson and members of rayon, city election commissions, territorial election commissions for election of deputies to the Jogorku Kenesh of the Kyrgyz Republic, deputies of oblast, Bishkek and Osh city keneshes - in the amount of a 15-fold minimum salary established on the day when the election date was designated;
2) the chairperson and members of a precinct election commission - depending on the number of voters in a precinct- shall be paid:
a) up to 500 voters – 5 minimum salaries;
b) from 500 to 1000 voters – 6 minimum salaries;
c) from 1000 to 2000 voters- 7 minimum salaries;
d) from 2000 to 3000 voters – 8-fold minimum salary established on the day when the election date was designated.
5. According to the legislation of the Kyrgyz Republic, members of the election commissions who are not released from their main work shall be granted an additional incentive leave of one working week duration on top of the main earned leave days.
6. No criminal proceedings shall be instituted or administrative sanctions imposed by court decision against the chairperson and a member of an election commission, nor shall they be arrested or detained, for the duration of elections, without approval of the Prosecutor, with the exception of cases of their committing crimes in connection with the conduct of elections.
7. In the course of elections the Chairman of the Central Election Commission and its members may not be taken to court for criminal offences, detained or arrested without consent of the President of the Kyrgyz Republic, the Jogurku Kenesh of the Kyrgyz Republic (in order of formation) except for the cases when they were detained at the place of commitment of crime or in case of committing violations of this code. Only the Prosecutor General of the Kyrgyz Republic may institute criminal proceedings. In case of committing violations of this code, the criminal case against the chairman and members of the Central Election Commission can be opened in accordance with an order specified by the law.
8. In the course of corresponding elections and within 6 months after the end of the elections, the chairperson and an election commission member may not be fired on the initiative of administration (employer) or transferred to another job without his/her consent.
9. The chairpersons of the respective election commissions organize their work.
An election commission member shall:
- be informed in good time about the respective election commission meetings;
- be entitled to speak at the election commission meetings, make suggestions on issues that are within the jurisdiction of the corresponding election commission, demand voting on these issues;
- have the right to put questions to other participants of the election commission meeting in line with its agenda and obtain essential answers to them;
- have the right to see any documents and materials, including documents that are on machine-read data media, of the respective and subordinate election commissions, obtain copies of these documents and materials (with the exception of the electoral registers, and election ballots), demand authentication of these copies;
- be entitled to file an appeal against actions (failure to act) of the election commission to a respective superior election commission or to a court of law .
- be entitled to check conformity of the provided voter identification document and accuracy in the receipt of the ballot
10. The election commission chairperson and its member shall enjoy the rights established by this Article in connection with preparation and conduct of all elections where this election commission participates.
11. The election commission member with consultative vote shall enjoy equal rights with the full voting member on issues of preparation and conduct of elections, in accordance with point 9 of article 16 of the present Code, except for the right to:
- issue and sign election ballots and outside voting certificates;
- participate in sorting, canceling of election ballots and counting of votes;
- prepare a protocol on the results of voting and results of elections;
- participate in the voting at the commission meetings and sign the election commission decisions.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, on January 24th 2004 year, No. 7, on December 23rd 2004 year, No. 194, January 6th 2005 year, No. 5)
Article 17. Publicity in the Activity of Election Commissions
1. The activities of election commissions shall be public and open.
2. Candidates, their representatives, members of the superior election commissions, political parties, and mass media representatives shall have the right to attend meetings of the respective election commission. The respective election commission shall provide notification and a possibility for free access of the abovementioned persons to its meetings.
3. Decisions of the election commissions specified in Clause 7 Article 18 of this Code shall be published in press and transmitted to other mass media within the timeframes established by this Code and laws of the Kyrgyz Republic.
4. On the election day, the persons listed under Clause 2 of this Article as well as observers, foreign (international) observers shall be entitled to attend at the polling stations from the moment of starting of the precinct election commission work until receiving of information from the superior election commission on the approval of the protocol of voting results as well as be present at a repeated counting of votes.
Reference:
CEC Decree issued on January 13th 2004year, # 41 “On “Handbook for Observers of the Kyrgyz Republic”;
CEC Decree issued on January 13th 2004 year, #42 “On Provision “On Status and Responsibilities of Foreign (International) Election Observers in the Kyrgyz Republic”
At that, not more than one representative (an observer or a proxy person or an authorized representative) from every candidate, political party, election bloc and public association shall have the right to be present at the polling station at the same time. The representative (either an observer, a proxy person or an authorized representative) may be replaced by another representative (either by an observer, proxy person or by an authorized representative). In the event of a repeat voting they shall be entitled to be present at the polling station at the same time not more than two representatives (either observer, trusted person or authorized representative) from each candidate, political party, election bloc and public association. Presence of government and local self-government officials at the polling stations shall be prohibited except for the cases of exercising their active election right as well as presence of the law enforcement bodies except in cases specified by this code.
5. All election commission members, observers, representatives of the candidates, mass media, foreign (international) observers shall be provided an access to the voting premises established at a precinct located in a military unit, hospital, sanatorium, recreational facility, investigative isolation wards, and temporary detention wards.
6. Observers, foreign (international) observers, representatives of the candidates, and mass media shall have the right to be present at meetings of election commissions when they establish the results of voting, the election returns, compile corresponding protocols on the results of voting, and election results, as well as at a repeated count of the votes.
7. An observer’s authority must be certified in writing by a registered candidate, political party that nominated the candidates, public association, whose interests the observer represents, with indication of his/her full name, place of residence, as well as the precinct number and name of the election commission he/she is assigned. This document shall be valid upon presentation together with it of a passport or a substituting document. Preliminary notification about sending of an observer shall not be required
Deputies of the Jogorku kenesh of the Kyrgyz Republic, deputies of local keneshes, government and local self-government officials, members of election commissions, and persons below 18 years of age may not be observers.
8. Observers shall be authorized to:
a) see the electoral registers;
b) be present on the voting premises on the election day at any time during the period specified under Clause 4 of this Article;
c) be present during voting outside the polling station;
d) observe overall organization and procedures for voting specified by this code, including issuance of the ballot papers; the counting of the number of citizens entered on the electoral registers, of the election ballots issued to voters, cancelled ballots; observe the counting of votes at a distance and under conditions that make the ballot text visible for the observers; see any filled and unfilled ballot in the course of counting the votes; observe the drawing up of the protocol on the results of voting and other documents made by the election commission within the period specified under Clause 4 of this Article;
e) apply to the chairperson of the precinct election commission and, in the event of his/her absence, to his/her substitute with suggestions and remarks on the issues of voting procedures;
f) get familiarized with the precinct election commission protocol on the voting results and also with protocols of other election commissions on the results of voting and election results; make or obtain from the respective election commission copies of these protocols and documents attached to them, as well as other documents received by the respective election commissions or drawn up by these commissions during the period specified under Clause 4 of this Article, including the list of persons present at voting. Upon an observer’s request, the election commission should issue or authenticate the said copies;
g) file an appeal against actions (failure to act) of the precinct election commission, other election commission with a superior election commission, the Central Commission or the court of law;
h) be present at a repeated counting of votes in the corresponding commissions.
9. Observers shall not have the right to:
a) issue election ballots to voters;
b) sign instead of a voter upon his/her request for the receipt of his/her ballots;
c) fill in a ballot for a voter upon his/her request;
d) undertake other actions violating the secrecy of voting;
e) directly participate in counting of ballots conducted by members of the election commission;
f) undertake actions hindering the work of the election commission;
g) conduct campaigning among voters;
h) participate in decision making of the respective election commission.
10. Mass media representatives shall have the right to get familiarized with precinct election commission protocols on the results of voting as well as with protocols of other election commissions on the results of voting or election results, make or obtain from the corresponding commission copies of these protocols and documents attached to them, perform video filming for information telecasting from the spot assigned by the chairperson of the election commission without infringing upon the voter’s secrecy of vote. Upon a request of a mass media representative, the election commission must authenticate a copy of the protocol on the results of voting or election results.
Authentication of copies of protocols and other documents of the election commissions shall be made by the Chairperson and Secretary of the election commission. At that, the certified copy shall be marked with “the copy is valid”, signed and stamped with the stamp of the respective election commission.
11. Foreign (international) election observers shall be accredited by the Central Election Commission. Foreign (international) observers’ activity shall be regulated by laws of the Kyrgyz Republic.
12. The precinct election commission chairperson shall register the observers from candidates, political parties, election blocs, international (foreign) observers, mass media representatives, proxy persons, authorized representatives of the candidates who are present at the voting, votes count and drawing up the protocol of the voting results.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)
Article 18. Organization of the Election Commissions’ Activity
1. The activity of election commissions shall be carried out on the basis of collective decisions.
2. An election commission shall be authorized to start its activity once it has at least 2/3 of the established number of its members.
3. Organization of the Central Election Commission activity shall be regulated by the Rules of Procedure of the Central Election Commission.
Reference:
CEC Decree issued on May 19th 2004 year, #11 “Rule of Order of the Central Commission for Elections and Conduct of Referendum of the Kyrgyz Republic”
4. An election commissions’ meetings shall be called by its chairperson as well as upon a demand of not less than one third of the commission members. During the preparation and conduct of elections the meetings of the election commissions shall be held not less than once in two weeks.
5. The election commission member must be present at all election commission meetings.
6. A meeting of the election commission shall be considered as competent when a majority of the established number of the commission members are present.
7. Election commission decisions on issues of financing of preparation and conduct of elections, candidates’ registration, on cancellation of the candidates’ registration, on the results of voting or election results, on recognition of the election as abortive or invalid, on repeat voting or repeat elections, on repudiation of the election commission decision shall be made at the election commission meeting by a majority of votes of the established number of the election commission members.
8. The election commission decisions on other issues shall be made by the majority of votes of the commission members present at the meeting.
9. In case there is an equal division of “pro” or “against” votes when taking a decision of the election commission the vote of the election commission chairperson shall be decisive.
10. Election commission decisions shall be signed by its chairperson and its secretary.
11. Election commission members who disagree with the approved election commission decision may express their special opinion in writing, which must be considered by this election commission, recorded in its protocol, attached to it, and the chairperson should inform the superior election commission (corresponding to the level of elections) not later than within 3 days whereas on the voting day and the next day after the voting it should be done immediately.
12. Election commissions can hire non-permanent workers on a labor contract basis to undertake activities related to the preparation and conduct of elections.
13. During preparation and conduct of election of the President of the Kyrgyz Republic and elections of deputies of the Jogorku Kenesh of the Kyrgyz Republic, TV and radio broadcasting corporations that fall under the provisions of Clause 9 Article 30 of this Code shall allocate not less than 15 minutes of free air time every week on their channels to the Central Election Commission to explain election law of the Kyrgyz Republic, to inform the voters on the time and the order of implementation of the required election-related actions, on the progress of the election campaign and to give answers to voters’ questions.
14. The editorial boards of periodic press publications issued not less than once a week where founders are government bodies, or their subordinate organizations or establishments, shall allocate not less than 1/100 of their weekly publication space free of charge to the Central Election Commission of the Kyrgyz Republic to explain election law, to inform the voters on the time and the order of implementation of the required election-related actions, on the progress of the election campaign and to give answers to voters’ questions.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year , No. 7)
Chapter III
Territorial Electoral Districts and Precincts
Article 19. Establishment of Constituencies
1. Single-member and/or multi-member constituencies shall be formed on the basis of the data on the number of voters registered on the respective territory submitted by the appropriate executive power bodies and bodies of local self-governance in accordance with Clause 4 Article 23 of this Code.
2. The following requirements shall be observed when forming electoral districts:
- approximate equality of the constituencies by the number of voters with allowable variation not exceeding 10 percent from the average voters representation rate, and in remote and difficult of access places - not more than 15 percent;
- the electoral district shall be a single territory, an electoral district shall not be formed of the territories that are not contiguous.
The plan of electoral districts shall indicate the border of electoral districts, the list of inhabited localities (streets, houses) that form part of each constituency, number and center of each electoral district, the number of voters in each constituency.
As a rule, while observing these specified requirements, administrative-territorial division of the Republic shall be taken into account.
3. For election of the President of the Kyrgyz Republic the entire territory of the Kyrgyz Republic shall be a constituency.
4. For election of deputies to the Jogorku Kenesh of the Kyrgyz Republic, there shall be 75 single-member territorial constituencies.
The Central Election Commission shall develop a plan of electoral districts and graphical picture of this plan, and not later than 160 days until the day of elections shall submit it to the Jogorku Kenesh of the Kyrgyz Republic for approval.
The Jogurku Kenesh of the Kyrgyz Republic shall approve the plan of single mandate territorial constituencies on election of deputies to the Jogurku Kenesh of the Kyrgyz Republic no later than 130 days before the election day.
The plans of electoral districts for election of deputies to the Jogorku Kenesh of the Kyrgyz Republic shall be published by the election commission in mass media not later than 120 days before the election day.
In cases, when the plans of some single mandate territorial constituencies on election of deputies to the Jogurku Kenesh of the Kyrgyz Republic are not approved by the Jogurku Kenesh of the Kyrgyz Republic within the timeframe specified by this code, then the plans of single mandate territorial constituencies that have not been approved shall be approved by the Central Election Commission.
5. For election of deputies to local keneshes, oblast, Bishkek and Osh city election commissions shall form electoral districts on the basis of provisions specified by the special part of this code and submit them for the approval of the respective local kenesh not later than 40 calendar days before the elections are appointed.
Respective local kenesh shall approve the plan of election constituencies on election of deputies of local keneshes no later than 30 calendar days before the elections are appointed.
The lists of electoral districts with indication of their boundaries and addresses of the territorial district election commissions shall be published by the oblast Bishkek and O shcity election commissions in mass media within seven calendar days from the date of approval of the electoral districts.
The plan of election constituencies on election of deputies of local which was not approved by the respective local kenesh within the time frame specified by this code, shall be approved the oblast Bishkek and Osh city election commissions.
6. During elections of the heads of local self-governments the entire territory of respective administrative and territorial unit shall be considered as an election constituency.
7. In case of violation of the requirements of Clause 2 of this Article the changes in the list of electoral districts, specification of their borders and location of the election commissions shall be made by the Central Election Commission or by respective election commissions.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year , No. 7, December 18th 2004 year, No. 193)
Article 20. Establishment of Precincts for Elections
1. Precincts for elections shall be established for conduct of voting and counting of votes taking into account local and other conditions with the aim of creating maximum conveniences for voters.
2. Precincts for elections shall be established by the corresponding superior election commissions not later than 45 calendar days before the election day with not more than 3000 voters per precinct. It shall not be permitted for precinct borders to cross the borders of electoral districts.
3. In hospitals, health resorts, recreation facilities, and other places of temporary stay of constituents, in remote and difficult to access areas, in investigations isolation wards and temporary detention places, precincts for elections shall be established within the same period and in exceptional cases not later than 5 calendar days before the election day. Such precincts for elections shall be part of the electoral district according to the place of their location.
4. Military servicemen shall vote at common precincts for elections. As an exception, it shall be permitted to establish electoral precincts in military units located in isolated, remote areas away from inhabited localities. In such cases commanders of the military units shall establish electoral precincts by decision of the corresponding election commission.
5. Electoral precincts for the citizens of the Kyrgyz Republic being on the territory of foreign states shall be established by heads of diplomatic missions and consular establishments of the Kyrgyz Republic on the territory of the country of their temporary stay. The requirement on the number of voters specified under Clause 2 of this Article may be disregarded in the establishment of electoral precincts outside the territory of the Kyrgyz Republic. The procedure for attachment of such precincts to electoral districts or a certain rayon on the territory of the Kyrgyz Republic shall be specified by the Central Election Commission in agreement with the Ministry of Foreign Affairs.
6. Lists of electoral precincts with indication of their borders and addresses shall be published by the corresponding election commissions not later than 5 calendar days after the date of their establishment.
(In the edition of the Law issued on January 24th 2004 year, No. 7)
Chapter IV
Electoral Registers
Article 21. Compilation of electoral registers
1. Electoral registers shall be compiled for each polling station with the aim of realization of voters’ rights, familiarization of the voters with the data about them as well as for conduct of the voting.
2. Electoral registers at electoral precincts shall include all citizens of the Kyrgyz Republic who have an active election right on the voting day, unless stipulated otherwise by this Code.
3. Any citizen may be entered on the electoral register of a specific polling station on the grounds of his/her permanent or prevailing residence, and in cases stipulated in this Code, laws of the Kyrgyz Republic, also temporary stay on the territory of this precinct.
4. Making up the electoral register, compilation and verification of data on registered voters shall be carried out by local executive bodies and, in cases of military voters, their family members and other voters who live on the territory of a military unit, this hall be done by the military unit commander.
5. Electoral registers shall be composed on the basis of the information of the voters obtained through the voters state registration (accounting) system under the procedure established by this Code and legislation of the Kyrgyz Republic.
6. In the course of elections of deputies to local keneshes and heads of local self-government the military servicemen who are drafted to serve for a fixed period in military units, military organizations and establishments situated on the territory of the corresponding administrative-territorial unit shall not be included on the electoral registers and shall not be taken into account to establish the number of voters if those servicemen did not live on this territory permanently or predominantly before they joined the army.
7. Electoral registers of the precincts established in recreational facilities, sanatoriums, permanent medical and prophylactic establishments, in inhabited places of remote and difficult to access areas, investigations isolation wards and temporary detention centers, and also at diplomatic missions of the Kyrgyz Republic in foreign countries shall be composed and signed by heads of the said establishments and diplomatic missions and transferred to an appropriate election commission. During elections of deputies of the Jogorku Kenesh, local deputies and heads of local self-governments, citizens of the Kyrgyz Republic who possess an active suffrage and are located in the precinct election commissions pointed in this item, shall not be included into the voters’ rolls and their number shall not be counted in determining the number of voters if these citizens did not reside permanently or predominately on the territory of an election constituency.
Full time students and scholars who are residing in the dormitories on the basis of their residence registration stamp made in their passports by the registration bodies before the election day shall be included into the electoral registers of the precincts where their dormitories are located. Candidate or agent of the candidate is entitled to get acquinted with all the necessary documents, supporting the fact of student or scholar’s residence in the dormitory, based on the registration stamp.
8. If a citizen of the Kyrgyz Republic with an active election right happens to be outside the territory of the Kyrgyz Republic on the day of election of the President of the Kyrgyz Republic, and had no chance to obtain the strike-off certificate or vote ahead of time, then he/she shall be entered by the respective precinct election commission on the electoral register upon his/her appearance on the election day in the polling station of the precinct election commission established in the host country.
9. A citizen of the Kyrgyz Republic shall be included in one electoral register only.
10. The electoral register shall be composed in duplicate. The information on the voters being included in the electoral register shall be arranged in the alphabetical order. Last name, first name, patronymics, year of birth (if 18 years of age, day and month of birth, in addition) and permanent or prevailing residence address of the voter shall be entered on the electoral register. The electoral register of each electoral precinct in the villages, counties, towns of rayon level shall be signed by heads of local self-government, in other cities by mayors and in Bishkek city by heads of rayon administrations. Not later than 25 calendar days before the election date one copy shall be delivered to the respective constituency (rayon, city) election commission. At the electoral precincts established on the territory of a military unit, the electoral register shall be signed by the unit commander and handed over to the precinct election commission.
Head of Ayil Okmotu, head of local self-government, head of rayon administration, mayor and military unit commander, other persons specified under this article, respectively, shall bear responsibility for reliability, completeness and timely transfer of the electoral register to the appropriate territorial, rayon and precinct election commission.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year , No. 7, October 22nd 2004 year, No.184, December, 23rd 2004 year, No. 194)
Reference:
Explanation on the order of composition by precinct election commissions of voter registers to conduct elections and to make them available for general familiarizing (CEC Decree issued on August 20th 1999 year, #144)
Article 22. Familiarization with Electoral Registers
1. Lists of voters at precinct stations shall be presented for general familiarizing and additional updating not later than 25 calendar days prior to the election day while those composed for electoral precincts in hospitals, sanatoriums, rest homes, and other places of temporary residence, inhabited places of remote and difficult of access areas, investigations isolation wards and temporary detention centers, in military units and also at diplomatic missions of the Kyrgyz Republic in foreign countries, not later than 5 calendar days prior to the election day. Citizens shall be provided a possibility to get familiarized with the electoral register and to review the correctness of the information on voters in the premises of the corresponding election commissions.
2. Each citizen of the Kyrgyz Republic exercising an active election right shall be entitled to inform the precinct, territorial district election commission on non-inclusion of his/her name in the electoral register, any error or inaccuracy in the list of voters. Within 24 hours, and on the election day within 2 hours from the moment of application and not later than 2 hours before the termination of voting, the precinct/district election commission shall review the application as well as submitted documents and either eliminate the error or inaccuracy, or give the applicant a reply in writing with an explanation of the grounds for dismissal of the application. The precinct/district election commission decision may be appealed against in the superior election commission or in the court (according to the location of the precinct/territorial district election commission) that shall be obliged to review the complaint within 3 days and on the election day it shall be done immediately.
3. A citizen’s exclusion from the electoral register shall be made only on the basis of the information received from respective bodies that carry out state registration (accounting) of voters, or on the basis of the information received from the voter himself/herself that reflects through his/her passport his/her legal incapability to vote at this polling station. The date and the reason for such exclusion of the citizen from the electoral register shall be recorded in it at the time of the strike out. This record shall be authenticated by the signature of the Chairperson of the precinct/territorial district election commission, and an appeal against it may be filed with the superior election commission or a court (according to the location of the precinct/ district election commission) that shall consider the claim within a three-day period, but immediately on the election day.
Executive bodies of the Kyrgyz Republic should provide any required assistance to precinct election commissions when solving the issue of entering or exclusion of citizens of the Kyrgyz Republic in the electoral registers, or of errors and inaccuracies in the electoral registers.
The citizen of the Kyrgyz Republic who possesses an active suffrage shall be included into an additional voting list by the respective election commission on the basis of his/her motivated appeal on non-inclusion in to the main voters’ lists provided he/she presents a passport that has a residence registration stamp proving that the voter resides on the territory of that particular polling station, as well as on the basis of a strike-off certificate. Voter’s data entered into an additional voting list shall be signed by the chairman and secretary of the polling station and stamped by the precinct election commission, as well as by no less than two persons with deliberative vote. In case of absence of persons with deliberative vote, the additional voting list can be signed by a scrutineer or by an observer.
4. It shall be prohibited to make any changes in the electoral registers after the completion of voting and the beginning of counting of votes.
(In the edition of the Law issued on January 24th 2004 year No. 7, December 23th 2004 year, No. 194)
Article 23. State Registration (Accounting) of Voters
1. All citizens of the Kyrgyz Republic who exercise an active election right shall be subject to registration (accounting).
2. The grounds for voter’s registration (accounting) shall be the fact of permanent or prevailing residence of a citizen of the Kyrgyz Republic on a relevant territory that is established by public registration (accounting) bodies in accordance with laws of the Kyrgyz Republic that regulate the procedure of realization of the right of citizens of the Kyrgyz Republic to move freely, to choose freely place of stay and residence on the territory of the Kyrgyz Republic.
3. The grounds for registration (accounting) of voters who live outside the territory of the Kyrgyz Republic or are on long-term overseas assignments shall be the fact of their permanent living on the territory of a foreign state or being on long-term assignments in foreign countries that shall be established by diplomatic missions and consular establishment of the Kyrgyz Republic.
4. In the course of implementation of state registration (accounting) of voters, the Automated Information System “Shailoo” shall be used. State registration (accounting) of voters shall be executed by the state administrators under the procedure established by the Regulations on State Registration (Accounting) of Voters approved by the Central Election Commission of the Kyrgyz Republic which is provided by the local executive bodies, MIA citizens registration bodies, military unit commanders, heads of diplomatic missions and consular establishments of the Kyrgyz Republic as of January 1 and July 1 of each year.
5. A voter shall be entitled to an unhindered access to the documented information (personal data) on himself/herself, including the one in computers, and to update the information in order to ensure its reliability and completeness. He/she is also entitled to know who and to what ends is using or used that information.
(In the edition of the Law issued on January 24th 2004 year, No. 7)
Reference:
Provision on State Registration System of Voters, participants of referendums of the Kyrgyz republic (approved by CEC Decree issued on March 2nd 2004 year, #4)
Chapter V
The Right for Nomiantion, Registration of Candidates and Guarantees for their Acitivity
Reference:
Handbook for a Candidate (approved by CEC Decree issued July 23th 2004 year, #34)
Article 24. The Right to Nominate Candidates
1. The right to nominate candidates shall belong to political parties, election blocs, voters by their place of work, service, education and residence in the corresponding constituency unless stipulated otherwise in this Code, as well as to citizens by way of self-nomination.
Protocols pertaining to nomination of candidates (lists of candidates) should be submitted to the appropriate election commission not later than 5 calendar days after the day when candidates were nominated.
2. Political parties, election blocs shall have the right to nominate as candidates the persons who are not members of these political parties.
3. The number of candidates to be nominated in constituencies shall not be limited.
4. The procedure for nomination of candidates is established in the Special Part of this Code.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)
Article 25. Election Blocs
1. Not less than two political parties may establish an election bloc.
2. A political party being a member of an election bloc shall not join another election bloc in the course of the election.
3. The decision to join an election bloc shall be taken at a congress (conference) of the political party.
4. Election blocs shall be registered by the Central Election Commission within five calendar days from the day of submission of protocols of the political parties congresses (conferences) with their decisions to join an election bloc and a joint decision of the political parties on the establishment of the election bloc, signed by leaders of these political parties. Copies of the political parties’ registration certificates and registered charters of the political parties forming the election bloc shall also be submitted for registration.
(In the edition of the Law issued on January 24th 2004 year, No. 7)
Reference:
Explanation on the order of formation of election blocks, their registration by the Central Election Commission, and nomination of candidates by election blocks (approved by CEC Decree issued on November 9th 1999, #157).
Article 26. Authorized Representatives
1. A candidate shall appoint authorized representatives, who represent him/her on all issues related to participation in the elections including those of funding.
Deputies, workers of the Presidential Administration of the KR, civil and municipal servants, members of election commissions, workers of law enforcement bodies and judges, military workers and foreign citizens may not be authorized representatives during the election process.
2. A candidate or his/her authorized representatives shall submit to the territorial electoral commission a protocol with the decision of the meeting of constituents, congress (conference) of the political party, election bloc on nomination of the candidate.
The territorial election commission shall be provided with the list of the authorized persons of the candidate with the indication of their full names, date of birth, place of residence of each authorized representative as well as with a signed proxy letter for each candidate’s authorized representative.
A self-nominated independent candidate shall file an application on his/her intention to stand for a candidate in the constituency and a solicitation on the registration of his/her authorized representatives with the territorial election commission.
3. The territorial election commission shall consider the submitted documents and determine their compliance with the provisions of this Code and, within 5 calendar days from the day of their submission, shall take a decision on registration of the authorized representatives of the candidate, and issue registration certificates to them.
4. In case of refusal to register the authorized representatives they shall be issued a motivated resolution of the territorial election commission. The refusal to register may be appealed in the superior election commission or a rayon (city) court according to the location of the corresponding election commission, with the court obliged to consider the claim and make a decision not later than within three days.
5. Authorized representatives shall:
authenticate subscription lists when collecting voters’ signatures in support of the candidate, count the number of voters signatures collected in support of the candidate, draw up a protocol on the results of signatures collection;
submit signature lists in support of the candidate, as well as other documents to the district election commission for the candidate registration;
obtain from the election commission a written confirmation (receipt) of filing of signature lists and other documents;
conduct pre-election campaigning, distribute campaigning materials;
have the right to participate in casting of lots held by election commissions when determining the sequence of air time provision to the candidates;
have the right to be present at the sessions of election commissions on the issues related to the candidate, who appointed the authorized representative;
exercise other authorities established by law on elections of the Kyrgyz Republic, authorities as instructed by the candidate.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)
Article 27. Registration of Candidates
1. The following documents shall be submitted to the territorial election commissions for registration of candidates:
1) a protocol with the decision of a congress (conference) of the political party, election bloc, meeting of voters on nomination of the candidate, and for election of deputies of local keneshes and heads of local self-government, that of the meeting (conference) of the political party‘s local branch;
2) the candidate’s declaration of consent to stand as a candidate. The declaration should contain the candidate’s obligation to discontinue his/her activity that is incompatible with the elective office status in case he/she is elected; Persons, listed in tenth paragraph of point 2 of article 28, must presents the decision of a higher body about their discharge from appointed positions.
3) biographical data of the candidates specifying their full names, date of birth, place of work, position (occupation) and place of residence;
4) a document certifying payment of the election deposit;
5) other documents stipulated under the Special Part of this Code
In case of self-nomination the candidate shall submit for his/her registration the declaration of his/her intent to stand as a candidate as well as the documents stipulated in sub-clauses 3-5.
2. Within the period established by the Special Part of this Code, the corresponding election commission shall check the compliance of the procedure of the candidate’s nomination with the requirements of this Code and take a decision on the candidate’s registration or refusal to register.
3. A candidate may be registered only in one constituency.
4. When registering a candidate nominated by a political party, an election bloc, the fact of his/her nomination by the corresponding political party, election bloc shall be noted in the appropriate decision of the election commission. The candidate shall have the right to declare his/her independent status or affiliation with a political party
5. In case of refusal to register a candidate, the corresponding election commission shall within one day issue to the candidate or the authorized representative of the candidate a copy of the election commission’s resolution with explanation of the motives for the refusal. The motives for the refusal are: the candidate’s failure to submit necessary documents specified in item 1 of this article; insufficient number of the submitted valid voters’ signatures in support of the candidate; violation of the procedure for signatures collection established by the Special Part of this Code; absence of a passive right on the part of a candidate; violation of candidates nomination rules; the fact of registration of the candidate in another constituency; non-creation by the candidate of his/her election fund unless stated otherwise by the Special Part of this Code. The decision on refusal to register a candidate may be appealed in the superior election commission or in court. In case if the candidate failed to submit all required documents for registration specified in this article, but managed to submit the missing ones until the deadline for registration, the election commission must register the candidate.
6. A candidate shall be entitled to withdraw his/her candidacy at any time but not later than 15 calendar days before the election day. The election deposit made by the candidate shall not be returned in cases, when the withdrawal of the candidacy was executed without any compelling circumstances.
7. In case the number of registered candidates is less than the established number of seats, the elections in this constituency, upon the decision of the respective election commission, shall be postponed for additional nomination of candidates and carrying out further election actions.
8. Not later than on the seventh day after the registration of candidates, the corresponding election commission shall publish a press announcement on the registration indicating the full name, year of birth, official position (occupation), place of work and residence, and also, at candidate’s discretion, information pertaining to his/her party affiliation.
9. Within two calendar days after registration the election commission shall issue to candidates the appropriate certificates of candidates specifying the constituency and the date of registration.
(In the edition of the Law of the Kyrgyz Republic issued on November 25th 1999 year No. 127, October 14th 2001 year, No. 87, January 24th 2004 year, No. 7, October 25th 2004 year, No. 185)
Article 28. Status of Candidates
1. All candidates shall have equal rights and bear equal responsibilities except for the cases established by this Code.
2. Candidates who fill government positions and positions in representative self-government bodies, as well as positions of heads of government and municipal organizations and entities, of organizations with governmental share exceeding 30% and of their sub-entities, including members of the Jogorku Kenesh of the Kyrgyz Republic, holding these positions, shall not use the advantages of their official position or rank.
In this Code the term “use of advantages of official position or rank” shall mean the following:
involvement of individuals who are subordinated or officially dependent in another way, attraction of other civil servants during the working hours for conduct of activities promoting nomination and/ or election;
use of the premises, occupied by government or local self-government bodies, for activities promoting nomination and (or) election provided other candidates cannot use the same premises on the same conditions;
use of telephone, fax and other types of communication, information services, office equipment, which provide for functioning of government institutions or local self-government bodies, for the activity promoting nomination and (or) election;
free of charge or privileged use of means of transportation that are in government or municipal property for activities promoting nomination and (or) election. This provision shall not be applicable to individuals who use the abovementioned means of transportation in accordance with the laws on state protection and to the deputies of the Jogorku Kenesh of the Kyrgyz Republic;
gathering of signatures, pre-election campaigning by civil servants or officers of local self-government bodies in the course of their official journeys;
privileged access (compared to other candidates) to mass media with the aim of gathering of signatures or pre-election campaigning.
Observance of the above restrictions should not hinder the elected officials to exercise their responsibilities with regard to their constituents.
Heads, deputy heads of ministries, of state committees, of state commissions, of administrative entities of law-enforcement and of fiscal organs, of their oblast, rayon structural sub-entities, heads and deputy heads of local state administrations, of local administrations in cities of Bishkek and Osh, of state organizations and entities with state or municipal share in the statutory capital exceeding 30% must discharge themselves from these positions, if the election district for elections of parliamentarians to Jogorku Kenesh where they are running is located in the influence zone of respective bodies listed above.
Note:
Influence zone – administrative-territorial unit, covered by the activities of the above-listed bodies.
3. Management of the company, institution, organization, military unit commander, head of a law-enforcement body, where the registered candidate works or serves, from the day of the candidate’s registration by a corresponding election commission till the day of the official publication of general results of elections within three calendar days should, upon the candidate’s application or report release him/her from work, service, study on any day and for any time within this period, keeping him/her paid an average salary by the institution, company, organization irrespective of their form of property. Registered candidates who are on public service or on municipal service, or working in mass media, shall be released for the time of their participation in elections from the execution of their official duties and shall file a certified copy of the corresponding order (decree) with the election commission not later than 5 calendar days after their registration. This rule shall not apply to the President of the Kyrgyz Republic and deputies of the Jogurku Kenesh of the Kyrgyz Republic.
4. During elections a registered candidate may not be dismissed (removed from position) on the initiative of the management (employer) or transferred to another work (position) without his/her consent.
The time of a registered candidate’s participation in elections shall be included in the general seniority record for the specialty he/she worked prior to his/her registration as a candidate.
5. Criminal proceedings may not be instituted against a registered candidate; he/she may not be put under arrest or imposed administrative sanctions through the court procedure. Opening of a criminal case should not serve as a ground to prohibit the candidate to implement his right to be elected.
6. A registered candidate shall lose the rights and be released from his/her responsibilities related to the candidate status starting from the moment of the official announcement of the election results made by the election commission in mass media. Should an election commission set up a repeat voting, the registered candidates, whose candidacy was not included in the repeated voting, will lose their candidate status from the day when the repeated voting was announced by the election commission.
7. The candidate shall also bear responsibility for the actions of his/her trusted persons and authorized representatives for their violation of the requirements of this Code.
(In the edition of the Law of the Kyrgyz Republic issued on December 15th 1999 year, No. 144, October 4th 2000 year, No. 84, October 14th 2001 year, No. 87, January 24th 2004 year, No. 7, 25th October 2004, No. 185)
Article 29. Proxy Persons of Candidates
1. A candidate shall have the right to appoint his/her proxy persons.
2. Proxy persons shall be registered immediately by the election commission that registered the candidate, on the basis of the candidate’s written application and the statement of the citizen himself/herself about his/her consent to be a proxy person. The election commission shall issue to the proxy person a certificate of the form established by the Central Election Commission.
3. Deputies, members of the Government, officials of the Presidential Administration and Prime-Minister’s Office, of the Jogorku Kenesh officials of government and local self-government executive bodies, municipal service, election commission members, officers of law-enforcement agencies and courts, military servicemen, and foreign citizens shall not have the right to be proxy persons.
4. Proxy persons shall act within the limits of the authorities, granted to them by the candidates.
5. Proxy persons shall have the right to:
carry out campaigning and other activity in any forms permitted by law and with the use of legal methods to promote the candidates’ election, present their election programs;
speak at pre-election rallies, meetings with constituents, participate in pre-election debates and discussions;
obtain necessary assistance from government and local self-government bodies in holding pre-election rallies and meetings with constituents;
be present at election commissions sessions;
be present at polling stations, including the polling stations situated on the territory of military units, in the course of voting, counting of votes and summing up of the voting results;
get familiarized with the documents of the election commissions as well as with the protocols of results of voting and election returns;
appeal decisions and actions (failure to act) of election commissions and be present at examination of complaints and statements.
6. Proxy persons of candidates shall not have the right to:
interfere with the work of election commissions;
sign instead of a voter on his/her request for receiving ballots in the polling station as well as fill in the ballots instead of him/her in the polling booth, specially equipped place or the room for secret voting;
run informational TV and radio programs (talk-shows), participate in mass media coverage of elections provided they are journalists, mass media creative workers or officials of these mass media editorial staff.
7. The management (employer) should provide proxy persons, upon their request, with an unpaid leave for the period specified in Clause 3 Article 28 of this Code.
8. Candidates shall have the right to recall their proxy persons at any time, having notified the election commission that shall nullify the certificates issued to these trusted persons.
9. Authority of the proxy persons shall be terminated along with the forfeiture of his status by the registered candidate.
(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year, No. 7)
Chapter VI
Campaigning
Article 30. Conduct of Pre-Election Campaigning
1. The State shall ensure free conduct of pre-election campaigning by citizens of the Kyrgyz Republic, candidates, political parties, and election blocs, in accordance with this Code and laws of the Kyrgyz Republic.
2. Citizens of the Kyrgyz Republic, candidates, political parties, election blocs shall have the right to conduct campaigning, with legally admissible methods and forms, for participation in elections, freely and comprehensively discuss pre-election programs of candidates, their political, business, and personal qualities, carry out campaigning «for» or «against» any candidate at meetings, rallies, and in mass media. The election commissions together with the executive authorities and local self-government bodies shall facilitate the holding of such meetings - provide premises, inform in advance about time and place of the meetings and implement other necessary measures.
Pre-election campaigning shall be deemed to be the following actions executed during the election campaign, if not indicated otherwise by the present Code:
Calls to vote for these or other candidates;
Expression of preference in relation to any of the candidates, description of possible consequences in case if the candidate is elected or fails to get elected.
The conduct of jubilees and other festive events that are of public and state significance during conduct of election campaign shall be prohibited.
3. Candidates shall be guaranteed equal conditions for access to mass media.
4. Campaigning for elections may be carried out:
through mass media;
by means of holding mass events (gatherings and meetings with citizens, public debates and discussions, rallies, demonstrations, marches);
by publishing and distribution of propaganda printed materials;
in other forms established by the law.
5. A candidate, political parties, election blocs shall have the right to independently determine the form and nature of their mass media campaigning via mass media
6. Members of election commissions, judges, civil and public servants members of, religious and charitable organizations, employees of law-enforcement bodies and fiscal as well as military servicemen who are under execution of their business duties may not participate in election campaigning.
7. The following entities shall not be permitted to participate in election campaigning:
foreign states, organizations and citizens,
stateless persons,
international agencies and international nongovernmental movements.
Pre-election campaigning shall be prohibited in foreign mass media disseminated on the territory of the Kyrgyz Republic.
8. Journalists, other creative workers, as well as mass media officials shall be prohibited to run information TV and radio programs, participate in covering the elections campaign through their mass media, if the mentioned persons are candidates or their trusted persons. This rule shall not apply to campaigning actions of the mentioned persons when using free airtime on the channels of state owned and local TV/radio corporations in the order specified under Article 32 of this Code.
9. Mass media organs, the founders and co-founders of which are government agencies and local self-government bodies, their subordinate establishments and enterprises that are financed fully or partially from the republican or local budget as well as media companies that enjoy privileges on payment of taxes and obligatory charges shall be obliged to provide candidates, political parties, election blocs with equal possibilities for conduct of pre-election campaigning.
10. Mass media companies that do not come within the provisions of Clause 9 of this Article shall have the right to provide airtime, printing area on a contractual basis to candidates. Candidates shall make payment for airtime and printed matter on equal terms and exclusively through the corresponding election funds of the candidates. The tariffs for airtime, publication in periodical press shall be uniform for all the candidates.
11. In the course of the election, the information on the amount and other conditions of pay for air time, printed area should be published by the corresponding TV and radio broadcasting corporation, editors of periodical press organs not later than 5 days after the official publication of the decision on elections and, within the same timeframe, submitted to the election commission, which organizes the elections, with notification of their readiness to allocate air time, printing area for pre-election campaigning.
12. When publishing the results of public opinion polls related to the elections, mass media should specify the name of the organization that conducted the poll, as well as an organization or persons, who ordered conducting of the poll, the time of its conduct, the number of respondents (sample), the method of information collection, precise wording of the question, and statistical appraisal of possible error.
(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year, No. 7, October 25th 2004 year, No. 185)
Reference:
Provision on the order of conduct of pre-election campaign during Presidential elections (approved by CEC Decree issued on July 1st 2000 year, #343);
Provision on the order of conduct of pre-election campaign (approved by CEC Decree issued on July 9th 2004, # 19);
Explanation on the issues of informational coverage of elections in the Kyrgyz Republic (approved by CEC Decree issued on July 9th 2004 year, # 20)
Article 31. Campaigning timeframes
1. Pre-election campaigning shall start from the day of when the time frame allowed for candidates’ registration has expired and shall terminate 24 hours before the beginning of voting. For repeated voting the campaigning shall start from the day of official publication of the decision on appointment of repeated voting and shall terminate 24 hours before the beginning of repeated voting.
2. Campaigning printed materials posted earlier outside the buildings and premises used for elections shall stay in the same places on the election day.
3. It shall be prohibited to publish in mass media the results of public opinion polls, forecasts of election results, other research materials in connection with the elections from the moment of candidates’ registration.
(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No. 7)
Article 32. Campaigning on TV and Radio
1. Candidates shall have the right to be provided with free airtime on the channels of TV and radio broadcasting corporations that fall within the provisions of Clause 9 Article 30 of this Code and broadcast TV and radio programs on the territory where elections are to be held. This airtime should occur at the time when TV and radio programs attract most of the audience, i.e. from 8 p.m. to 12 p.m.
2. The total amount of free airtime allocated by the state-owned TV and radio company for campaigning at the elections of the President of the Kyrgyz Republic, deputies of the Jogorku Kenesh of the Kyrgyz Republic should be not less than one hour on workdays. The total amount of free air time allocated by each local TV and radio broadcasting company for campaigning at the elections of the President of the Kyrgyz Republic, deputies of the Jogorku Kenesh of the Kyrgyz Republic, at the elections to representative local self-government bodies should be not less than 30 minutes on workdays, and in case if the total amount of broadcasting time of the TV and radio broadcasting company is less than two hours, the free campaigning air time should be not less than one fourth of the total amount of their broadcasting time. The said free airtime shall be distributed on equal terms among the registered candidates who arrived for the program.
3. Not less than one third of the total amount of the allocated free airtime shall be provided to candidates for holding joint discussions, round table talks and other similar campaigning actions. All candidates should have equal access to the use of this share of the allocated free airtime.
The registered candidates may participate only in person in the joint campaigning events on the channels of TV and radio corporations. Refusal to participate in a joint campaigning event shall not entail an increase in the amount of free airtime allocated to the registered candidate who refused to participate in the joint campaigning event.
If the candidate was not able to participate in the joint campaigning event due to objective reasons, then he/she together with the other candidates who failed to attend the joint campaigning event shall have the right to lodge a request asking to use their airtime.
4. TV and radio companies that come within the provisions of Clause 9 Article 30 of this Code, depending on the level of elections, shall reserve paid air time for campaigning conducted by candidates political parties, election blocs. This airtime shall be provided on a contractual basis to the corresponding candidate for pay upon their request. The amount of payment should be uniform for all candidates and shall be published not later than on the day when nomination of candidates commences. And each candidate shall have the right to obtain from the total amount of reserved airtime some time within the share due to him or her by means of dividing this volume by the total number of candidates. The total volume of the reserved airtime may not be less than the total amount of free airtime.
Reference:
CEC Decree issued on December 13th 2004 year, # 85 “On approval of Standard procedure for concluding agreements for provision of air-time (print space) for conducting of pre-election campaign in mass media and advertisement organizations on paid bases”
5. It shall be prohibited to interrupt the speeches of candidates or accompany them with any comments.
6. The regulation of the procedure for providing air time to candidates, political parties, election blocs on the channels of TV and radio companies that come within the provisions of Clause 10 Article 30 of this Code shall be established by legislation of the Kyrgyz Republic.
7. Irrespective of the form of ownership, all TV and radio companies, which gave candidates, political parties, election blocs their air time, shall be obliged in the nearest airtime to provide air time to other candidates, political parties and election blocs on the same terms (equal prices, broadcast time, amount of air time and other conditions).
8. The order, duration and time of radio and TV programs intended for pre-election campaigning shall be established by election commissions in agreement with the management of TV and radio companies and distributed in accordance with the principle of equality among candidates, political parties and election blocs.
(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No. 7)
Reference:
CEC Decree issued on August 13th 2004 year, # 44 “On the order of taking slots in distributing free air-time”
Article 33. Campaigning through printed Mass Media
1. Periodical printed media that come within the provisions of Clause 9 Article 30 of this Code and distributed on the territory, where elections are held, except for printed media organs founded by government and local self-government bodies exclusively for publication of official information and materials, normative and other acts, should allocate printing area for the materials submitted by candidates to be not less than A4 format. For specialized printed media (children’s, technical, scientific and other), their refusal to publish any campaigning materials may be allowed on condition that they fully abstain from participation in pre-election campaigning in any form
2. Irrespective of the form of ownership, periodical printed media, which gave candidates publication space, should provide printing area to other candidates on the same conditions (in terms of equal prices, size and other conditions) in their nearest publications.
(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No. 7)
Article 34. Campaigning by means of conducting mass events
1. Government and local self-government bodies shall be obliged to provide assistance to candidates, political parties, election blocs, gatherings of constituents in organization of gatherings and meetings with citizens, public debates and discussions, rallies, demonstrations and marches, provide for security when conducting mass actions.
2. Requests on providing premises for holding voters’ meetings with candidates, their trusted persons, and authorized representatives shall be considered by government and local self-government bodies on the same day when such application is received.
In case if the candidate, political party or election bloc is denied the use of premises to hold meetings with voters, then government and local self-government bodies should issue a written motivated decision of such a denial.
3. On requests of election commissions, the premises that are suitable for holding mass events and that are state or municipal property, being on the balance of state companies, institutions and organizations, shall be put free of charge at the disposal of candidates, their trusted persons for meetings with constituents during the time established by the election commission. In the event of these premises being provided for holding mass events to one of the candidates, the owner of the premises shall not have the right to refuse another candidate. At that, election commissions should provide equal possibilities for candidates to conduct mass events.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)
Article 35. Dissemination of campaigning printed materials
1. Candidates, political parties, election blocs shall have the right to issue campaigning printed materials. Samples of campaigning printed materials or their copies shall be submitted to the election commission that registered the respective candidate to prevent circulation of the materials that contradict existing legislation.
2. All campaigning printed materials should contain names and addresses of the organizations (full names and addresses of places of residence of the persons) who produced the printed materials, name of the organization (full name of the person) who ordered printing of these materials, as well as the information on the number of printed copies and the date of their issue. Dissemination of campaigning printed materials that do not contain such information shall be prohibited.
3. It shall be prohibited to post the mentioned materials on monuments, obelisks and buildings of historic, cultural or architectural value as well as inside the premises of election commissions, at their entrances and in the polling stations.
4. Within 10 calendar days after designation of the election date, local self-government bodies, upon a proposal of the election commission, should make provision on the territory of each polling station for special places for posting campaigning materials. Candidates should be provided with equal conditions for posting such materials.
5. The election commission notified about a circulation of forged campaigning printed materials or campaigning materials not containing the information, specified under Clause 2 of this Article, shall undertake measures to suppress such activity and shall have the right to apply to the appropriate law-enforcement and other bodies with a petition on suppression of the illegal campaigning activity and on confiscation of the illegal campaigning printed materials.
6. Candidates shall have the right to use campaigning materials printed before appointment of elections in accordance with the requirements of this article and within the limits of the amount designated for candidates’ expenditures from their election fund.
(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year, No. 7)
Article 36. Inadmissibility of Abuse of the Right for Campaigning
1. Election commissions shall control the observance of the established procedure for pre-election campaigning.
Reference:
CEC Decree issued on August 13th 2004 year, #43 “On Provision “On Working Group for Control over Rules of Pre-election campaign”
CEC Decree issues on Deceber 13th 2004year, #84 “On forms of control of volume and costs of paid and free air-time and print space, provided to registered candidates, political parties, election blocks during pre-election campaign by mass media and advertisement organizations”
2. In the course of pre-election campaigning, it shall be prohibited to abuse the freedom of mass media: campaigning aimed at exciting social, religious, racial, national hatred and animosity, calls for seizure of power, for a violent change of the constitutional system and violation of the integrity of state, propaganda of war, and other forms of abuse of mass media freedom, prohibited by laws of the Kyrgyz Republic.
3. Candidates, their close relatives, proxy persons and authorized representatives, political parties, election blocs from the time of appointment of elections shall be prohibited to bribe voters: pay them money, give them presents and other valuables other than for execution of some organizational work (duty at polling stations, collecting of signatures and other technical services), undertake preferential sale of goods, distribute any goods free of charge with the exception of printed materials including artwork, and badges specially produced for the election campaign as well as provide services free of charge or on preferential terms.
4. Candidates, their authorized representatives and proxy persons, political parties and elections blocs as well as organizations shall not have the right in the course of campaigning to influence their voters by promises of transfer of funds, securities to them (including that upon the voting results) and other material benefits as well as of provision of services on other terms than those stipulated by law.
5. Candidates, their proxy persons, political parties, election blocs and other person from the time of nomination till publication of the voting results shall not have the right to be involved in any charitable activity, including the one outside the constituency, in which the candidate was nominated.
6. Candidates, their proxy persons and authorized representatives, other parties, political parties, election blocs mass media, when participating in pre-election campaigns, shall not have the right to let out any publications that can damage dignity, honour or business reputation of the candidates. Mass media that issued publications capable of damaging dignity, honour or business reputation of candidates, upon their request, should publish a refutation or give a clarification on the article or speech that did not correspond to reality or distorted it. The refutation or clarification shall be published in a special column or in the same column and with the same fonts that were used for the information in response to which the refutation or explanation is given. Refutation or clarification in periodical publications shall be given in the next issue, and refutation or clarification for TV or radio statements – in the next program after the day of receipt of the refutation or clarification.
7. A failure to provide a possibility, before the pre-election campaign is completed, for a candidate to publish a refutation or other clarifications to protect his/her reputation in the media that published the information potentially damaging to the