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"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:

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:

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:

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”

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”

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:

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:

(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:

(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:

(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:

(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:

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:

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:

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:

(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:

9. Observers shall not have the right to:

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:

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:

(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:

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:

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:

6. Proxy persons of candidates shall not have the right to:

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:

3. Candidates shall be guaranteed equal conditions for access to mass media.

4. Campaigning for elections may be carried out:

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:

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 candidate’s reputation may become the grounds for legal liability of these mass media.

8. In case a candidate, political party, election bloc violates Clause 2 of this Article the election commission as well as other bodies, organizations and citizens shall have the right to go to court with a representation requesting to cancel the candidate’s registration in accordance with an order stipulated by this Code.

9. In case if a candidate violates the requirements specified under Articles 30-36 of this Code, other rules of pre-election campaigning, the election commission shall have the right to apply to the appropriate law-enforcement and other bodies with a request asking to suppress illegal campaigning activity, and shall also have the right to issue a warning to the candidate, and in cases, which may influence election results-cancel candidate’s registration on the grounds and in accordance with an order, stipulated by 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)

Chapter VII

Organization and the Procedure for Voting

Article 37. Premises for Voting

1. The premises for voting shall be placed at the disposal of the precinct election commission free of charge by government executive bodies.

2. The premises for voting shall have polling booths or other specially equipped places for secret voting provided with a system of lighting and writing materials, with the exception of pencils.

The system of lighting must have an alternative source of power supply. If the light goes off, the voting shall stop until it is resumed. (at the expense of the main or alternative source of power supply) in this case, observers, candidates’ representatives shall have the right to stand at the ballot boxes and voting booths at a distance which ensures implementation of their duties in order to ensure efficient observation over the work of the precinct election commission.

3. In the premises for voting, the election commission shall put up a poster with information on all candidates, Information materials should not contain campaigning slogans. On the stand there shall be also posted samples of filled ballots that should not contain names of the candidates registered at that constituency.

4. The premises for voting should be equipped in such a way as to allow keeping the places for handing out the ballots, polling booths and ballot-boxes simultaneously within the field of vision of the members of the election commission, and observers.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No. 7)

Article 38. Strike Off Certificate

1. In cases and according to the procedure stipulated under this Code, the voter who will not be in a position to come to the polling station of the election commission where he/she is included on the electoral register, shall be entitled 15 to 1 days before the election date to obtain in the precinct election commission a strike off voting certificate, and participate in voting at a polling station within the constituency where he/she appears on the election day.

2. The format of the strike off voting certificate shall be established by the Central Election Commission.

3. If a strike off voting certificate is lost by the voter, it may not be restored.

(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:

Explanation on the order of tracking and issuance of strike off certificates for voting in Presidential elections in the KR (approved by CEC Decree issued on October 13th 2000 year, #463)

Article 39. Ballot Paper

1. To participate in the elections a voter (elector) shall receive a ballot paper that is a document of strict accounting, the level of protection of which shall be determined by the Central Election Commission. The number of ballots may not exceed the number of registered voters (electors) by more than 0.5 percent.

During production of ballot papers for election of the President of the Kyrgyz Republic, deputies of Jogorku Kenesh of the Kyrgyz Republic, either special paper (paper with watermarks or colored paper) or special ink shall be used.

2. The text of the ballot paper shall be approved by the respective election commissions not later than 20 calendar days before the election date. The text of the ballot should be placed only on its one side.

3. An election ballot shall contain in the alphabetic order full name, year of birth, main place of work or service (occupation) of each candidate and who nominated him/her.

4. To the right of the information on the candidates specified under Clause 3 of this Article a blank square shall be placed. At the end of the list of candidates, names of political parties, election blocs the following line shall read: “Against all candidates” with a blank squire placed to the right of it

5. Ballots shall be printed both in Kyrgyz and Russian not later than 10 calendar days before the voting day. Each ballot should contain an explanation on the order of its filling.

6. A ballot shall contain the name of the body, to which this election is held, and the number of the electoral district.

7. After the rejection of defective ballots, the printing house shall hand over the ballots to the members of the election commission, who ordered the production of ballots, under an act drawn up on that. After the election ballot papers have been transferred, the defective and redundant ballots shall be destroyed in the presence of not less than three election commission members, and invited representatives of candidates. An act on that shall be drawn up and signed by all present persons.

8. Election commissions shall transfer the ballots to subordinate election commissions, down to precinct election commissions inclusive, under an act. The chairpersons of election commissions shall bear responsibility for correct transfer of the ballot papers.

9. The transfer of ballots and seals to the respective election commissions shall be effected 10 calendar days before the election date, and to precinct election commissions 2-1 days before the voting day. The number of ballots transferred to a precinct election commission may not exceed the number of voters, included in the electoral register for the electoral precinct on the day when ballots are transferred, by more than 0.5 percent.

When the territorial district (rayon, city) electoral commission transfers the ballots to a precinct election commission under acts in presence of not less than half of the members of the election commissions, members of the superior election commissions and members of election commissions with advisory vote shall have the right to attend at this. On reception of the ballots, the members of the precinct election commission shall re-count the ballots on the precinct election commission premises in presence of the commission members with advisory vote. The chairperson and secretary of the precinct election commission shall sign the ballots and put a stamp an a an appropriate spot of the election ballot in the presence of not less than a half of the precinct election commission members and commission members with an advisory vote.

10. In case some candidates are withdrawn after the ballots are printed, on decision of territorial district election commissions, the precinct (district) election commissions shall cross out the data in the ballots about the relevant candidates. The crossing shall be done with a straight line drawn with only a ball pen along every printed line of data on the candidate. At that, the drawn line should go over the blank square opposite line of data on the candidate.

11. The premises, which contain special safe (or box) in where the ballots and the parcel containing the stamp of the precinct election commission are stored, shall be sealed up and given for guarding to the officials of the internal affairs ministry.

(In the edition of the Law of the Kyrgyz Republic issued on November 22nd 1999 year, No. 124, January 24th 2004 year, No. 7 )

Reference:

Provision on the order of production, issuance and storage of voter ballots for elections of Deputies to Jogorku kenesh and local keneshs of the Kyrgyz Republic (approved by CEC Decree issued on November 22nd 1999, #169)

Article 40. Voting Procedure

1. The voting in elections shall be conducted on a calendar day-off from 8 a.m. to 8 p.m. local time. Precinct election commissions should inform the voters through mass media or other means about the time and place of voting not later than 10 calendar days before the election day, and for early and repeated voting not later than 7 calendar days before the voting day.

On the election day at 7 a.m. the precinct election commission shall identify at its meeting through lots casting members of the commission who will:

Chairman and the secretary of the PEC do not take part in the casting of lots procedure.

The chairperson of the commission shall present empty ballot boxes for review by other members of the election commission, and to the present observers, candidates’ representatives and mass media persons, which shall be stamped and sealed by the PEC’s seal. While sealing the boxes, chairman of the PEC shall put control sheets into the boxes that contain name of the constituency (district), number of the polling station, the time of when the control sheet was put into the box, last names of the chairman, secretary and members of the precinct election commission, as well as of present candidates, their representatives and observers. Control sheets shall be signed by these mentioned persons and their signatures shall be stamped by the seal of a precinct election commission.

The chairperson of the PEC in the presence of commission members, representatives of candidates and observers shall open the sealed safe that contains voters’ lists for that particular polling area, ballot papers and the stamp of the PEC. The chairperson shall take out the voters’ lists from the safe box, announce the number of voters included in the voters’ lists, lets all of the present people to visually acquaint themselves with the voters’ lists and distributes the lists among the PEC members who are responsible for voters’ registration and for filling in the voters’ lists on the voting day.

The chairman of the PEC shall declare the number of ballot papers, which were received from the territorial (rayon, city) election commission. Commission members with decisive vote in the presence of candidates’ representatives and observers, shall re-count the number of ballots, and present it for visual review for the present persons and shall introduce the number of the ballot papers received by the PEC from the superior election commission to the second line of the enlarged protocol on the voting results. After re-counting of ballot papers the chairperson hands over 50-100 ballots to a commission member responsible for issuance of ballots, who shall provide signatures for the receipt of ballot papers. These members bear personal responsibility for the number of ballots given to them.

Upon the receipt of the ballot by the voter, the member of the precinct election commission makes a mark (marks) the left thumb of the voter by specially designated mixture. At the entrance to the voting premises one of the members of the precinct election commission checks by special device the availibility of the mark on the left thumb of each voter. The voter, whose left thumb has not been marked by the specially designated mixture, is allowed to the premises to receive a ballot and to vote. In case, if a mark is found on the left thumb of the voter, he is not allowed to enter into voting premises to receive a ballot and to vote.

During issuance of the ballot papers, one member verifies voters’ documents and introduce their document data into the voters’ lists and gets their signatures once they have received the ballot, and the other member shall issue the ballot paper.

2. Each voter shall vote personally, voting for other voters shall not be allowed.

3. Election ballots shall be issued to voters who are included in the electoral register upon their presentation of a passport or a document identifying the voter's personality, should a voter vote using a strike off certificate, he/she should also show such certificate.

4. When a voter receives a ballot the series and number of his/her passport or other document, identifying his/her personality shall be entered in the electoral register. The voter shall check the correctness of the record made and put his/her signature on the electoral register. In case if the voting is conducted with multiple ballots, the voter shall provide a signature for each ballot paper he/she has received. Should a voter vote using a strike off certificate; additional notes shall be made in the electoral register.

5. In precincts established in the residence area with less than 500 voters, voters shall have the right to vote without showing their passport or identification card provided they are on the electoral register and that the fact of his/her residence in the precinct be witnessed by at least two members of the commission and the chairperson of the precinct election commission permitting it. In cases of voting without identification documents, an appropriate note should be made in the electoral register, which shall be signed by the chairperson of the precinct election commission and the members who confirmed the fact of residence of the voter on the territory of this precinct.

6. The voter shall fill in the ballot in a specially equipped polling booth or in another specially equipped place where presence of other persons shall not be permitted. Specially equipped cabin or any other specially designated place should be set up in a way to allow secrecy of voting for the voter and at the same time allow members of the commission and observers see actions of the voter.

Reference:

CEC Decree issued on February 12th 2004, #2 “On Temporary Provision “On standards for secret voting booths”

7. The voter shall put a relevant mark on the ballot in the square related to the candidate in whose favour he/she made the choice, or put the mark opposite the line “against all candidates”.

During elections of deputies of the local keneshes in multi-mandate constituencies, the voter shall put marks in the squares that are relevant to the candidates in whose favor he/she has made a choice. The number of candidates for whom the voter may vote shall not exceed the number of mandates in the constituency.

8. In case a voter thinks that he/she made a mistake while filling in the ballot he/she shall have the right to apply to the member of the election commission, who issued the ballot to him/her, and ask him to give him/her a new one instead of the spoiled one. The election commission member shall issue a new ballot to that voter and make a corresponding note in the electoral register. The spoiled ballot shall be canceled, on which an act shall be drawn up.

9. The voter, who is not in a position to sign for the receipt of a ballot personally, shall have the right to use assistance for this of another voter, who is not an election commission member, a candidate, a trusted person of a candidate, or an observer. In this case the voter shall verbally inform the PEC about his/her intention to use assistance of another person.

10. The voters shall put the filled in and folded election ballots into the stamped and sealed ballot boxes. It shall be prohibited to take out the election ballot from the voting room.

11. The precinct election commission chairperson shall maintain order in the polling station. In cases when the public order in the premises for voting is violated, the PEC chairman has the right to ask for help from the employees of the law enforcement bodies with the goal to provide public order in the voting room who shall leave the voting room after the order is restored. Orders of the precinct election commission chairperson given within his/her competence shall be binding for all those present in the polling station. In the absence of the precinct election commission chairperson, the secretary of the precinct election commission or another member of this commission authorized by him/her shall implement his/her responsibilities.

12. Any election commission member shall be immediately debarred from participation in the work of the commission, and an observer or other persons shall be removed from the polling station if they try to hinder the work of the election commission, or exercise by a citizen of the Kyrgyz Republic of his/her election right, or violate the secrecy of voting. The precinct election commission shall take the decision on that in a written format. At that, the commission shall have the right to apply to the relevant bodies with a representation requesting to bring such persons to account in accordance with the legislation of the Kyrgyz Republic.

13. It shall be prohibited for candidates, their authorized representatives, and also to other physical and juridical persons who act on request or instruction of the said persons to undertake actions designed to ensure conveyance of voters for participation in the election.

14. On the election day, government and local self-government bodies, state and municipal establishments and enterprises, as well as their officials should ensure public security, uninterrupted operation of the public transport, telecommunications and power supply.

(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. 183)

Article 41. Early Voting Procedure

1. A voter who does not have a possibility to come on the election day to the polling station, where he/she is included on the electoral register, shall have the right to vote earlier on the basis of a written statement confirming absence of the voter on the territory of his/her constituency due to his/her departure beyond the boundaries of the Kyrgyz Republic and on the basis of submission of appropriate documents (copy of the business trip ID, air ticket and visa in passport) through completion of a ballot on the premises of the corresponding territorial (district, city) election commission 9 to 1 days before the election day. The election commission should ensure the secrecy of voting and exclude a possibility of distorting the voter’s will, ensure safety of the ballot paper and account of the vote of the voter when the votes are summed up and the election results are determined.

2. The ballot filled in by the early voting voter, shall be put into an envelope and sealed. At the place, where the envelope is sealed, two members of the territorial (district) election commission shall put their signatures, which shall be certified with the stamp of the territorial (district) election commission and by signature of the early voter.

3. The sealed envelope with the ballots shall be kept with the secretary of the corresponding territorial (district, city) election commission, in the premises of the territorial (district, city) election commission until the moment of transfer of all ballot papers to the precinct election commission.

4. On the election day before the beginning of voting the chairperson of the precinct election commission, in presence of other precinct election commission members, observers, other persons, shall make an announcement on the number of voters who voted earlier and show for general view the sealed envelopes with the ballots, and the list of voters who voted earlier. After that he/she shall open envelopes one by one and, observing the confidentiality of voter’s will, put the ballots into the stationary ballot box. The number of voters who voted earlier shall be entered in the protocol on the voting results and in the enlarged protocol before the voting starts, and against the names of the early voters the entry shall be made in the electoral register, “Voted Earlier”.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No. 7)

Article 42. The Voting Procedure Outside the Polling Station

1. The voters who were entered onto the electoral register but cannot come to the polling station because of the state of their health or disability may vote at the place of their stay. Precinct election commissions must provide a possibility for such voters to vote outside the polling station premises.

2. Voting outside the polling station shall be held only on the election day and only upon a written request or verbal appeal (including in cases when it is transmitted with the help of other persons) to provide him/her an opportunity to vote outside the polling station. The application (appeal) may be made any time after the establishment of the precinct election commission but not later than 6 hours before the expiration of the voting time on the election day. The precinct election commission shall register all the submitted applications (appeals) in a special register. An application on providing a possibility to vote outside the polling station should specify a reason due to which the voter cannot arrive at the polling station and the data on the voter. When a verbal appeal is registered, the commission member who received it shall indicate the time when the appeal was received and sign the record of it. During the visit of the commission members to such voter, his/her appeal shall be confirmed with a written application.

3. Voting outside the polling station premises shall be conducted by not less than two members of the precinct election commission, who shall receive under their signature the necessary number of ballots and portable boxes, previously stamped and sealed. The precinct election commission must have at their disposal the necessary amount of portable ballot boxes but not more than three. Voting outside the polling station premises shall be conducted in presence of not less than two candidates’ representatives and members of the commission with an advisory vote.

4. In his/her written application a voter shall specify the series and number of his/her passport or identification document and certify with his/her signature that he/she has received a ballot paper. The election commission members shall put their signatures on the application to certify the fact of issuances of the election ballot.

5. Should the voter, who had submitted an application (appeal) about providing him/her with a possibility to vote outside the polling station, come to the polling station after members of the precinct election commission were sent to him/her to conduct voting outside the polling station, the corresponding member of the precinct election commission shall not have the right to issue such voter with a ballot for voting inside the polling station until the members of the precinct election commission, who organize the voting outside the polling station, return and it is established that this voter has not voted outside the polling station.

6. The series and number of passport or other identification document of the voter, who voted outside the polling station, shall be entered into the electoral register and at the same time the note “voted outside the polling station” shall be made in the relevant column of the electoral register.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No. 7)

Chapter VIII

Determination of Election Results

Article 43. The Protocol of a Precinct Election Commission on Voting Results

1. A precinct election commission shall compose a protocol on the results of voting in the corresponding precinct. In case if the protocol on the voting results is compiled on more than one page, each page shall be numbered and signed by all present precinct election commission members with decision vote and stamped by the precinct election commission stamp.

2. A protocol of the precinct election commission on the voting results shall contain:

3. The numbers specified under Clause 2 of this Article shall be entered in the protocol on the voting results in figures and words. The protocol on voting results shall be filled in only in black ink.

4. Items in the protocols of all superior election commissions shall correspond to the items of protocols of the PEC as well as to data specified by item 2, article 46 of this Code.

5. The data entered to the PEC protocol by hand on the voting results on the appropriate territory, election results in the constituency and data entered to the protocol with usage of the state automated “Shailoo” information system signed by PEC members with notification of time and date of when it was signed, shall correspond to each other.

6. The superior election commission shall ensure preparation of the forms for the election commissions on the results of the voting in two copies as well as of one copy for each candidate and one enlarged copy of the protocol to be put up in the premises of the election commission for public review.

(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 44. Procedure for Counting Votes and Compilation of the Protocol on Voting Results by Precinct Election Commissions

1. When the time of voting is expired the chairperson of the precinct election commission shall make an announcement that only voters who are inside the polling station may take the ballots and vote.

2. Counting of votes shall be carried out openly and publicly only by the members of the precinct election commission at the meeting of the commission. Results of the count of the votes shall be announced publicly and all actions in relation to the count of ballot papers and voters’ votes shall be reflected step by step in the enlarged protocol on the voting results which shall be put up in the place established by the precinct election commission.

During count of the votes, determination of the voting results, candidates’ representatives, observers, mass media representatives may engage in video filming of the process as well as take pictures.

3. Count of the votes shall start immediately after termination of the voting and shall be carried out without interruption in the same polling station where the voting for the voters was conducted. The place where the count of the votes is taking place shall be arranged in way to ensure access to it of all precinct election commission members with both decisive and consultative vote. At that, during the count of the votes, all of the present persons shall be provided with the full view of the actions of the precinct election commission members

In case of the conduct of concurrent elections for different levels, the count of the votes on election to the state bodies of power shall be carried out in the first place, and then count of the votes in relation to election to the bodies of local self-governments shall be performed.

Election commission members, with an exception of the chairperson and the secretary of the election commission, shall be prohibited to use writing materials in the course of the count of the votes.

4. Members of the PEC responsible for issuance of the ballot papers shall count the remaining unused ballots by cutting the right bottom corner of a ballot (at that, squares, located on the right side of information on registered candidates shall not be damaged) and return them to the PEC chairman. An appropriate act should be compiled on this matter. Unused ballots of the PEC that are left in the safe box of the PEC chairman shall be destroyed in the same way. All of the destroyed ballot papers shall be counted and put in a package that is sealed by the PEC’s stamp and signed by the commission members and present candidates’ representatives and observers. A sentence “Destroyed ballot papers” shall be put on the package and the number of such ballot papers as well as the polling station number shall be indicated.

The number of all destroyed ballot papers which shall be calculated as the number of unused ballot papers and the ballots that were returned by the voters because of incorrect filling in (spoiled), shall be announced and introduced into line ?7 of the protocol on the voting results and its enlarged version.

After that the number of unused (destroyed) strike off voting certificates shall be counted and announced, and this figure shall be entered into line 15b of the protocol on the voting results and its enlarged version.

5. Prior to the start of the count of the ballots, members of the PEC responsible for the voters’ registration, shall introduce the following summarized data onto each page of the voters’ lists:

After this data has been introduced, every page of the voters’ lists shall be signed by the member of the precinct election commission, who then shall make a summary of the data and transfer it to the chairman of the precinct election commission. The chairman and the secretary of the precinct election commission shall introduce final data onto the last page of the voters lists, which is determined as the summary of data contained in all pages of the voters’ lists, authorize them with their signatures and stamp of the precinct election commission.

After the work with the voters’ lists is finished, the PEC chairman offers to the persons who were present during the count of the votes to visually acquaint themselves with the voters’ lists, announces the number of votes specified in the voters’ lists and introduces this data to the appropriate lines of the enlarged protocol on election results:

After that, the voters’ lists shall be put to the safe box.

6.Then the precinct election commission proceeds to the count of the votes contained in mobile voting boxes. Members of the precinct election commission who administered the mobile voting shall demonstrate to the present persons that the seals and stamps on portable ballot boxes are intact, and shall open one by one the portable ballot boxes, extract ballot papers and control sheets containing signatures of the PEC who were present when the portable ballot boxes were being sealed. The PEC chairman demonstrates control sheets.

The number of voters who participated in the outside voting shall be announced prior to the opening of each mobile box. The count of the ballot papers in each mobile box is conducted separately. The total number of ballot papers of an established format that were extracted from all mobile ballot boxes shall be introduced to the line No.8 of the protocol on election results and its enlarged version.

In case if it is established that the number of ballots in the portable ballot box exceeds the number of voters’ applications, containing the note on the amount of the ballots received, all ballots that were in this ballot box shall be declared invalid by decision of the precinct election commission and cancelled by cutting the lower right-hand corner, about which a separate act shall be drawn up, which shall be attached to the protocol on the voting results, and it should indicate family names and initials of the election commission members, who conducted the voting outside the polling station premises. These invalid ballot papers shall be packed separately and sealed, at that the number of the polling station shall be indicated and the note “invalid ballot papers extracted from the mobile ballot box” shall be made as well as the number of the ballot box and the number of ballot papers.

7. Ballots that do not conform to the established form shall not be taken into account in the course of vote counting. Non-conforming ballots shall be the ballots if their contents and/or the form do not correspond to the text and form of the ballot, adopted in accordance with the procedure stipulated under Article 39 of this Code.

8. The PEC chairman announces the beginning of the count of the ballot papers contained in the stationary box. They shall be opened after being examined by the chairperson of the precinct election commission to ascertain that their stamps (seals) remain intact. The PEC members extract the ballot papers and the control sheet with signatures of the PEC members and persons who were present when these boxes were being sealed. The PEC chairman demonstrates the control sheet. .

9. The precinct election commission members shall sort the ballots taken out of mobile and stationary ballot boxes by the votes cast for each candidate; at the same time separate the non-conforming ballots and invalid ballots. At that, the election commission members shall announce the voters’ marks made in each ballot paper and present the ballot papers for a visual control to all persons present at the cont of the votes.

At elections conducted at multi-mandate constituencies the sorting of ballot papers on candidates shall not be conducted.

10. The PEC members with an advisory vote, candidates’ representatives and observers have the right to acquaint themselves with the sorted ballot papers under the supervision of the commission members with decisive vote.

11. Then the counting of votes on the ballots of the established form shall be performed separately for each candidate as well as against the line titled “against all candidates”. The sorted ballots shall be counted aloud, by moving them one by one from one stack to another in such a way as to allow the persons present at the counting to see the voter’s mark in the ballot. Simultaneous counting of ballots from different stacks shall not be permitted. Obtained data which is determined on the basis of appropriate marks (votes) of the voters in the ballot papers cast in favor of each candidate and in favour of the position titled “against all candidates” shall be introduced to lines No.13 and 14 of the protocol on election results and to the enlarged protocol.

At election in a multi-mandate constituency the count of the votes on each ballot paper shall be performed by no less than two members of the precinct election commission.

12. Invalid ballots shall be counted and summed up separately. Invalid shall be considered the ballots on which it is impossible to establish the intention of the voter and also invalid ballot papers taken out from the mobile box (If the number of ballot papers contained in the mobile ballot box exceeds the number of applications submitted by the voters that contain the mark on the number of received ballot papers). Ballots that do not bear protective lines determined by the CEC, in particular those that are not signed by the PEC chairman and its secretary and are not stamped by the PEC’s stamp and which do not bear other established marks shall also be considered as invalid. Ballot papers, where the number of marks in favour of candidates exceeds the number of mandates in a given constituency shall be announced as invalid as well.

In case of doubt whether to recognize a ballot as invalid the precinct election commission shall resolve the issue by voting, whereupon it shall specify the reasons for the its invalidity on the reverse side of the ballot and such a note shall be authenticated by with the signatures of the chairman and secretary of the precinct election commission and sealed with the stamp of the commission. The total number of invalid ballot papers shall be introduced to line No.11 of the protocol on election results and to its enlarged version.

13. The precinct election commission members shall count, announce and introduce to line No.10 of the protocol on election results and to its enlarged version the number of valid ballots which is determined on the basis of marks made by the voters, on the grounds of which it is possible to establish self-expression of the voters.

The number of voters who attended the voting shall be entered into line No.12 of the protocol (shall be determined as the sum of figures of lines No.10 and 11 of the protocol on the voting results.)

The number of ballot papers contained in the stationary ballot box shall be entered into line No.9 of the protocol on the voting results.

14. The PEC chairman offers to all those who were present during the count of the votes to visually acquaint themselves with the ballot papers under the supervision of the PEC members with decisive vote. In case if the candidate’s representative or the observer have asked for a re-count, then the ballots should be re-counted with direct participation of candidate’s representative or observer and at that they shall be able to exercise visual control over the process. At that, the re-count of ballot papers shall be performed aloud.

15. After this control correlation of the data entered in the protocol on the voting results shall be checked. In case if the control correlations do not match, the precinct election commission shall take a decision on re-counting on all or individual items of the protocol on the voting results, in presence of the candidates’ representatives and observers. If during the re-count of lines No.2,3,4,5,7 of the protocol on voting results data does not match again, then the precinct election commission shall compile an appropriate act which shall be attached to the protocol on the voting results and shall enter data on discrepancy into special lines of the protocol on the voting results-into line 16 titled “the number of lost ballot papers” and into line 17 titled “the number of ballot papers that exceed the number of received ballot papers”.

If the number stipulated in item No.2 of the protocol on the voting results is greater than the summary of the numbers pointed out in lines 3, 4, 5 and 7 of the protocol on the voting results, the difference between the figure stipulated in line No.2 and the summary of figures laid down in lines No.3, 4, 5 and 7 shall be entered into line No.16; at that, number of “0” shall be entered into line No.17. If the number of figures stipulated in lines No.3, 4, 5 and 7 of the protocol on the voting results is greater than the number stipulated in line No.2 of the protocol on the voting results, than the difference between the summary of the figures laid down in lines No.3, 4, 5 and 7 and the number stipulated in line No.2 shall be entered into line No.17; at that, number “0” shall be entered into line No.16.

If final correlations match, then number “0” shall be entered into lines No.16 and 17.

If as a result of the repeated count of the votes the necessity arises to make changes to the protocol on the voting results, then the new blank of the protocol should be filled in and appropriate changes introduced to the enlarged form of the protocol. At that, the word “incorrect” shall be put on the old blank of the protocol..

16. After completion of the votes count the precinct election commission shall hold an obligatory concluding meeting where they shall discuss submitted complaints (statements) on violations made in the course of voting and count of the votes, make decisions on each complaint (application), upon which the protocol of the concluding meeting of the precinct election commission on voting results shall be signed by members of the precinct election commission and complainers who concur with the decisions made by the precinct election commission in relation to their complaints (statements) . While signing the protocol, members of the precinct election commission or complainers who disagree with the content of the protocol have the right to draft a special opinion and an appropriate note about that shall be entered into the protocol.

After compilation of the protocol on voting results, sorted ballots shall be packed into separate bags with indication of the number of the precinct election commission and the number of ballot papers contained in them. The ballot papers then shall be sealed by the precinct election commission members and put into a separate bag or box. The bag or box shall bear the number of the polling station, the number of ballot papers signed by the precinct election commission members. Packing of the ballot papers shall be conducted in the presence of members of the precinct election commission with advisory vote, candidates’ representatives, observers who shall have the right to put their signatures on the bag or on the box. The bag or the box can be opened only by decision made by the superior election commission or by the court.

17. The protocol on the voting results shall be filled in duplicate as well as one copy for each candidate and signed by all present members of the precinct election commission with indication of the date, time (hour and minute) of its signing. The protocol shall be valid if it is signed by the majority of the total number of the election commission members. When signing the protocol the members of the precinct election commission, who do not agree with its contents, shall have the right to express their separate opinion and attach it to the protocol, on which a relevant record shall be made in the protocol.

18. Upon signing of the protocol by the precinct election commission, the voting results shall be immediately announced in front of the precinct election commission members, observers, representatives of mass media and other persons.

19. The first master copy of the protocol on the voting results, after its signing, along with the voting documentation including the ballots, complaints (applications), the decisions made on them, acts drawn up by precinct election commissions shall be immediately delivered to the superior election commission by the chairperson of the precinct election commission or one of the commission members accompanied by the candidates’ representatives who were present at the votes count.

20. The second copy of the protocol along with the seal of the precinct election commission shall be kept by the secretary of the precinct election commission until the work of the election commission is ended.

21. Other copies of the protocol shall be given to the candidates’ representatives with their signatures provided to the precinct election commission.

22. The enlarged copy of the protocol on the voting results shall be posted for general information in a spot, determined by the precinct election commission.

23. On demand of any interested person the precinct election commission, after signing of the protocol on the voting results, shall be obliged to issue a copy of the protocol on the voting results to these persons or provide them with a possibility to make a copy and authenticate it.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7, December 23rd 2004 year, No.194)

Article 45. The Procedure for Determination of Elections Results by Superior Election Commissions

1. The first copies of protocols on the voting results of precinct election commissions, along with election related documentation specified in item 19 of article 44 of this Code, immediately after their signing by election commission members, shall be transferred directly to the superior election commission on act, including to the election commission, that determines the results of corresponding elections.

In case if the automated information system has been used during the electoral process, after preliminary inspection of the protocols made by the district election commission and entering the data into the State Automated System “Shailoo” a written act shall be drawn up on correspondence of the data entered into the State Automated System “Shailoo” with the data contained in the first copies of the protocols of the precinct election commissions, this act signed by the chairman of the precinct election commission or other commission member who has delivered the PEC protocol on the voting results, members of the group controlling the automated system use and by the person who is responsible for input of information, and they should indicate exact date and time of drawing up that act. A copy of the act shall be given to the chairman (member) of the district election commission.

2. After a preliminary review of the accuracy of the protocols of the precinct election commissions on the voting results, the superior election commission shall determine the results of voting on the relevant territory by means of summing up the data obtained from all of the precinct election commissions. . The superior election commission shall compose a summary table and the protocol on the results of voting including the data on the number of immediately subordinate election commissions, the number of received protocols, and also the summary data on the items of protocols of the precinct election commissions.

Prior to the signing of the protocol on the voting results on the appropriate territory, it is mandatory for the elections commission to conduct its final meeting, where it shall consider complaints (statements) it has received in relation to the conduct of voting, count of the votes, and compilation of protocols for lower election commissions. Election commission makes a decision on each complaint (statement), after which members of the commission and complainers who agree with the decisions adopted by the commission, shall sign the protocol of the commission’s final meeting. While signing the protocol of the commission’s final meeting, members of the commission or complainer who disagree with the content of the protocol may attach their special opinion and an appropriate note on that shall be made in the protocol. After that the election commission shall sign the protocol on the voting results at an appropriate territory.

3. The protocols of all election commissions shall be composed in (two copies) and one copy for each of the candidates, and signed by all present election commission members. A summary table on the voting results on the relevant territory composed in two copies, a separate opinion of the election commission members, as well as the received complaints (applications) and the decisions taken on them shall be attached to the protocols.

4. The top copy of the election commission protocol together with the top copy of the summary table shall be sent without delay after signing to the immediately superior election commission.

5. The second copy of the protocol together with all election documentation shall be kept by the secretary of the mentioned commission in a guarded room until their transfer to the archive.

6. Other copies of the protocol shall be given to authorized representatives of the candidates.

7. Enlarged protocol on the results of the voting shall be put for the public review in a place specified by the election commission.

8. In case if after signing of the protocol on the voting results and (or) of the summary table and sending their first copies to the superior election commission, the election commission that sent the protocol and the summary table discovers an inaccuracy in them it shall have the right to discuss an issue of making adjustments in the protocol and (or) the summary table at its meeting. The commission should without failure inform its members, observers, other persons present at the composition of the earlier approved protocol as well as mass media about this decision. In this case the election commission shall compose a protocol marked as “Repeated”. The mentioned protocol shall be sent without delay to the superior election commission.

9. Should there be found any discrepancies or errors in the protocols and (or) summary tables on the voting results, or doubts occur concerning the correctness of the composition of the protocols and (or) summary tables received from the subordinate election commissions, the superior election commission shall have the right to take a decision on conducting a repeated counting of the electors’ votes by the subordinate election commission. The repeated counting of votes is conducted with obligatory presence of a member (members) of the superior election commission, and a member (members) with advisory vote The election commission shall compile a protocol on the results of the repeated count of votes marked “Repeated count of votes” on the outcomes of the repeated counting. The protocol shall be sent without delay to the superior election commission

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 46. The Procedure for Determining Election Results

1. The election commission authorized by this Code shall determine the elections results on the basis of the protocols filed directly by subordinate election commissions through summing up the data contained in them. Members of the mentioned commission shall determine the election results by their personal presence.

A territorial election commission shall be obliged to hold a review meeting to discuss all submitted complaints (applications) on violations in the course of preparation and conduct of elections, take a decision on each complaint (application), after which members of the election commission together with complainers who agree with the decisions in relation to received complaints and statements adopted by the territorial election commission it shall sign the protocol of the final meeting of the territorial election commission.

2. The territorial election commission shall make up a protocol on the election results, in which the data of received protocols shall be entered, on the basis of which the results of elections and data on the number of directly subordinate election commissions are determined, and it shall draw up a summary table on the summed up data of the precinct (district, city) election commissions protocols.

3. Elections shall be declared by the respective election commission as voided when:

The number of voters who participated in voting shall be determined by the number of voters’ signatures in the electoral registers confirming their receipt of voting ballots.

The number of voters who participated in voting shall be determined by the number of ballot papers of established format extracted from the ballot boxes.

4. The respective election commission shall declare elections results invalid:

If the election results on the territory of the PEC have been announced as invalid, results of the election in a given constituency shall be determined on the basis of election results obtained in the rest of the polling stations located at that constituency. If the election results on the territory of the PEC have been announced as invalid which may influence the election results in the entire constituency then repeated voting shall be conducted on the territory of that PEC within 2 weeks time. .

5. A respective election commission shall announce election results as invalid in the following cases:

6. In case if the candidate, his/her representatives, appropriate commission members with an advisory vote and observers who attended the closing of the election results did not have any complaints in relation to the voting process, summary of the results and compilation of the protocol on the voting results which was appropriately noted down in the protocol and sealed with their signatures; but if in the future they lodge complaints in relation to the results of the voting, drawing up of results and compilation of the protocol on the voting results, then their complaints and statements cannot serve as sufficient grounds for recognition of the voting and election results as invalid.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 47. Repeated Elections

1. In case when elections have been declared void, invalid, a candidate is not elected according to the election results, repeat elections shall be called. Repeated elections, except for the case specified by the special part of this code, shall be appointed by the Central Election Commission within one month time and shall be conducted by the appropriate election commissions. Nomination and registration of candidates for elective positions, other actions on the elections shall be executed according to the procedure specified by this Code. In case of repeat elections, the period of election actions established by this Code shall be reduced by one third. The information on repeat elections to be held shall be published in mass media within 5 calendar days after the decision on appointing repeated elections has been adopted.

2. In case of repeat elections, the candidates, whose actions (failure to act) gave the grounds for declaration of the elections invalid, may not be nominated again as candidates for elective positions.

3. The facts, when actions or failure to act of candidates have become the grounds for declaration of the election invalid, shall be established through legal process.

4. In case if decisions, actions (failure to act) of officials of government, local self-government bodies, election commissions gave the grounds for court ruling to declare the election invalid, repeat elections shall be held for the candidates who took part in the previous election and expressed their wish to participate in the repeated elections.

(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 48. Publication of Voting Outcomes and Election Results

1. The voting results on each electoral precinct, territory that is covered by the activity of an election commission, and the electoral district election results shall be provided for familiarization to voters, candidates, their representatives, observers, foreign (international) observers, mass media representatives on their request in the volume of items contained in the protocol of the corresponding election commission and its immediately subordinate election commissions.

2. The election commissions that registered candidates shall send general information on the election results in the electoral district to mass media within a day after determination of the election results.

3. Official publication of the election results and figures of the number of votes won by each candidate shall be done by a corresponding election commission within the timeframe established by the Special Part of this Code.

4. An appropriate election commission shall publish the data contained in the protocols of the respective lower level election commission on the results of voting, on the basis of which election results were determined in the respective election commissions in mass media within one month from the day elections were conducted.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 49. The Use of the Automated Information System “Shailoo”

1. In case the automated information system is used in the course of elections the election commission shall establish a group out of the election commission members to supervise the use of the automated information system. All election commission members, candidates’ proxy persons and observers shall have the right to get familiarized with any information input and output in the automated information system.

Candidates’ proxy persons may verify the accuracy and mistakes done by the automated information system and its software.

2. From the moment of starting the voting till the moment of signing of the protocol by the Central Election Commission, the automated information system shall be used exclusively for observation of the progress and the results of voting by means of transmission of information from subordinate election commissions to superior election commissions.

3. During this period it shall be prohibited to transfer any information from information centers of superior election commissions to information centers of subordinate election commissions except for the signals acknowledging the reception of information.

4. The information on the progress and results of voting received through the automated information system shall be only preliminary information having no legal effect.

5. The computer printout text containing input information that was entered into the automated information system should be attached to the protocol of the election commission kept by the election commission secretary. The authenticity of the computer printout shall be certified by signatures of the members of the group supervising the use of the automated information system and the person responsible for input of the information.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Chapter IX

Financing of Elections

Article 50. Financing of Preparation and Conduct of Elections

1. The expenditures of election commissions for the preparation and conduct of elections shall be covered from the funds of the republican budget and special funds of election commissions.

Funding of the electoral process by foreign states, foreign government bodies, establishments and companies, other foreign legal entities, their subsidiaries and representatives, foreign citizens and international agencies, legal entities registered in the Kyrgyz Republic, the shareholders of which are foreign citizens and juridical persons, shall not be allowed in any form except for financial support to election law improvement programs, informational, educational, scientific research programs, technical preparation of elections, and development of legal culture of the electorate.

2. Appropriations for preparation and conduct of regular elections shall be allocated as a separate item in the state budget for the next fiscal year. The funds for conduct of elections shall be transferred to election commissions not later than ten calendar days after the day of appointment of elections and shall be distributed by them among subordinate election commissions.

3. In case if the elections are financed not from the state budget as well as in the case of untimely transfer of funds to the election commission that was charged with direction of the activities of subordinate election commissions in preparation and conduct of the respective elections, these expenses shall be covered by bank loans that are provided to the election commission on a competitive basis. At that, the allowable amount of funds may not exceed the amount given in the statement of the corresponding level election commission on expenditure of funds for preparation and conduct of similar previous elections taking into account a change in the amount of minimum salary established by law.

4. Depending on the level of elections, the received loans, including the interest, shall be refunded from the state budget by the Government of the Kyrgyz Republic, for which the loans are liabilities to be paid back within the period not exceeding two years. When approving the state budget for the year following the year when the mentioned elections were held the budget should envisage the repayment of these loans as a separate item. The repayment of the loans shall be guaranteed by the budget by virtue of this Code without adopting a decision on providing a guarantee.

5. The following expenditures of election commissions shall be financed on account of the state budget:

The election commissions shall spend the funds for preparation and conduct of elections within the limits of appropriations in accordance with the approved budget. A superior election commission may pay the subordinate election commissions expenses in a centralized way. At the elections, the precinct election commissions, which have no accounts of their own, receive funds in cash from the territorial (rayon, city) election commissions.

Government and self-government bodies, state institutions as well as their officials should provide assistance to election commissions in the implementation of their responsibilities, specifically, provide them free of charge with necessary equipment and premises with telephones, including rooms for safekeeping election-related documentation until its transfer to archives or destruction upon the expiration of the period of their keeping established by law; free guarding of the said premises and documentation and provide without pay means of transportation, communication, technical equipment.

6. The election commission shall use the incoming assets on its special fund for preparation and conduct of elections, improvement of the electoral system, to provide for the authorities and activities of the election commissions. The funds remaining after the return of the election deposits to candidates shall not be subject to transfer to the state budget but shall be left with the special fund of the election commission.

7. Not later than 10 gays after the election, the precinct election commission shall submit to the superior district (rayon, city) election commissions its statement on received and spent funds from the state budget that were allocated to this commission for preparation and conduct of elections. Not later than 20 days after the election, the district (rayon, city) election commissions shall submit to the oblast, Bishkek city election commissions their financial statements on received and spent funds from the state budget that were allocated to this commission. Not later than 30 days after the election, the oblast, Bishkek, Osh city election commissions, district election commissions for elections of deputies to the Jogorku Kenesh shall submit to the Central Election Commission their financial statements on received and spent funds from the state budget that were allocated to these commissions.

The financial statements of the Central Election Commission, subordinate election commissions on spending of the funds form the state budget and special funds for the elections shall be submitted to the President of the Kyrgyz Republic, and the Jogorku Kenesh of the Kyrgyz Republic, respectively.

8. The chairpersons of election commissions shall command the funds and bear responsibility for the conformity of financial documents with decisions of the election commissions on financial issues.

(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 51. Election Funds

1. Citizens nominated as candidates shall create their own election funds for the financing of their pre-election campaign. In case the candidates are not registered, the funds received by election funds shall be returned to the organizations and persons who made donations and transfers. The registered candidates shall continue maintaining open accounts of their own election funds for financing their pre-election campaigning.

Candidates competing for the seats in local keneshes and for the heads of local self-government positions shall have the right not to establish their election funds if during the pre-election campaigning they do not intend to use TV, radio and periodically printed mass media on a paid basis and publish pre-election printed materials.

2. The election funds of candidates may be established from the following sources:

3. Voluntary donations to election funds shall not be allowed from:

It shall not be allowed to pay up financial contributions into a candidate’s election fund for the legal entities that have debts to the state budget or Social Fund of the Kyrgyz Republic. The candidate shall not be held responsible in case of a transfer by such legal entities to the election fund.

Candidates running for Presidency, membership to the Parliament, candidates to become heads of local administrations are entitled to receive written information about election funds of other candidates, exact requisites of the organizations, of legal and physical entities, from whom these financial (material) funds were obtained, as well as about the amount of the received means and their expenditure, while chairman of the election commission ought to provide such information.

4. The Special Part of this Code establishes the maximum amounts of own funds transferred to election funds of a candidate, funds allocated to a candidate by the political party, election bloc that nominated him/her, voluntary donations of citizens and legal entities as well as the maximum amount of expenditures from election funds. The contributions transferred to the election funds of candidates shall be calculated based on the minimum monthly salary established by laws of the Kyrgyz Republic as of the day of appointing the elections. Monetary contributions received in excess of the established amount shall not be included into the election funds and shall be returned to the citizens and organizations. At that, the expenses incurred in connection with the return of the said contributions shall be covered at the expense of the citizens and organizations, which contributed these funds.

5. All the funds that make up an election fund shall be transferred to a special bank account. This account shall be opened by a candidate upon permission of the corresponding election commission. The monetary contributions directed to election funds shall be accepted only in the national currency. Income on these accounts shall not be accrued and paid.

6. For elections of the President of the Kyrgyz Republic, the deputies of the Jogorku Kenesh of the Kyrgyz Republic the procedure for establishment and maintenance of the mentioned accounts, accounting and reporting on the election funds shall be established by the Central Election Commission in agreement with the National Bank of the Kyrgyz Republic. For elections to local self-government bodies the procedure for establishment and keeping the mentioned accounts, accounting and reporting on the election funds shall be established by a corresponding election commission on in agreement with the regional branches of the National Bank.

7. The right to use funds of the election funds shall belong to the candidates who established them.

8. The use of funds of the election funds shall be targeted. They may only be used to cover expenses in connection with the pre-election campaign.

9. Election funds can be used for:

10. Citizens and legal entities shall have the right to provide financial (material) support to the activity, promoting a candidate’s election only through election funds. Legal entities, their subsidiaries, representation offices shall be prohibited to provide works, services, sale of goods directly or indirectly related to elections either free of charge or at unreasonably low prices.

11. Candidates shall be prohibited to use other financial means than the ones received by their own election funds for the payment of works connected with collecting of voters’ signatures, conduct of pre-election campaigning, carrying out other pre-election actions.

12. On demand of an election commission, banking institutions should periodically provide information to the election commission that registered the candidate on received and spent resources on the account of this candidate.

13. From the time of the election funds establishment and until the election day, the corresponding election commission shall periodically send to mass media for publication the information on funds received and spent from the election funds..

14. In case of a candidate’s withdrawal or disaffirmance of registration of a candidate, the resources transferred to the election fund should be immediately returned to the citizens and organizations, which contributed them. At that, the costs incurred in the return of the contributed funds shall be covered at the expense of the citizens and organizations, which contributed the funds.

15. Contracts or agreements on payment from special accounts of candidates may not be concluded later than on the day preceding the election day.

16. In case of repeat elections of the President of the Kyrgyz Republic, transactions on the candidates’ bank accounts can be prolonged on the basis of a written permission of the Central Election Commission.

17. Not later than 20 calendar days after determination of the election results, candidates should file with a corresponding election commission a report on the amount and all resources of their established fund and the expenditures made. Copies of the mentioned reports shall be passed by election commissions to mass media for publication not later than three calendar days after they were filed. The election deposit shall be returned to the candidates who won the necessary number of votes after their submission to the appropriate election commission of the reports on the amount and all resources of their established fund and the expenditures made.

18. A candidate should transfer the balance, remaining on his/her special account, to the accounts of citizens and organizations that made donations or transfers, in proportion to the amount of their contributions. By written instructions of the election commission, the bank shall transfer other leftover funds on the special account of the candidate to the state budget after expiration of 20 calendar days after the election day.

19. The procedure for taxation of election funds resources, voluntary donations and transfers to these funds, as well as for expenditures from the above funds shall be established by laws of the Kyrgyz Republic.

(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, December 23rd 2004 year, No.194)

Article 52. Control on Spending of Funds Allocated for Conduct of Elections

1. Election commissions shall exercise control over the procedure of establishment and spending of resources of the election funds of candidates

2. Audit groups shall be established under the Central Election Commission, oblast, Bishkek election commissions to control the targeted spending of funds allocated to election commissions for the preparation and conduct of elections and also to control the sources of funding, correct accounting and spending of the resources of election funds, to audit financial reports of candidates. The Central Election Commission shall specify the procedure for organization and activity of the Audit group.

3. The Audit Service shall include: head of the Audit Service, his/her deputy (deputies), appointed to the Audit Service members of the respective election commission and specialists out of the leadership and specialists of government (law-enforcement, finance and other) and other bodies, organizations and institutions including the Ministry of Justice of the Kyrgyz Republic, the National Bank of the Kyrgyz Republic, and the Ministry of Finance of the Kyrgyz Republic. On request of the respective election commission, these bodies, organizations and institutions shall detach the specialists for the disposal of the respective election commission not later than one month after the day of official publication of the decision on holding the elections.

4. The specialists shall be released from their main work for the period of their work in the Audit Service, their main place of work (position), their established salaries and other benefits on the main place of work shall be retained for them. These specialists may be also paid remuneration on account of the funds allocated for preparation and conduct of elections.

5. The respective election commission shall approve the regulations on the audit service. The respective election commission shall provide organizational, legal and logistical support of the audit service under the election commission.

6. On instructions of the respective election commission, the audit service shall:

The control revision group verifies appeals for every message not later than within the 3 day period.

7. When carrying out their functions the audit service may use the State Automated Information System “Sahiloo”.

8. After 30 days following publication of the elections results, the audit service groups under the Central Election Commission, oblast and Bishkek city election commissions shall terminate their authorities.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Chapter X

Guarantees of Freedom of Elections

Article 53. The Activities of State Bodies on Ensuring Freedom of Elections

1. During preparation and holding of elections, public prosecutor offices and internal affairs bodies shall ensure strict compliance with the requirements of the Constitution, this Code, and laws of the Kyrgyz Republic. .

Appeals and complaints submitted during pre-election campaigning by voters, candidates, political parties, election blocs and other participants of the electoral process in the course of preparation for elections should be considered within three days. Appeals and complaints should be considered immediately if they are submitted on the election day or the preceding day. If the law enforcement bodies refuse to consider the appeal or complaint, within one day they must provide a copy of the decision with explanation of the grounds for that refusal.

2. The election day and the previous day shall be a working day for courts, public prosecutor offices and departments of the interior, as well as for the housing stock exploitation organizations.

3. The department of the interior and the housing stock exploitation organizations must provide assistance as requested by election commissions on:

(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 54. The Appeal of Decisions and Actions (Failure to Act) of Election Commissions Violating Election Rights of the Citizens of the Kyrgyz Republic

1. Decisions and actions (failure to act) of election commissions and their officials violating citizens’ election rights may be appealed to a superior election commission.

Voters, candidates, representatives of candidates, political parties, election blocs, public associations, observers as well as election commissions may file complaints against decisions and actions (failure to act) of the election commissions violating citizens’ election rights.. The complaint should be motivated and presented together with evidence, on which it is based.

2. Decisions and actions (failure to act) of election commissions on election of deputies to the local keneshes, and heads of local-self government may be appealed:

3. Decisions and actions (failure to act) of election commissions for elections of deputies to the Jogorku Kenesh of the Kyrgyz Republic may be appealed to:

4. Decisions and actions (failure to act) of election commissions for elections of the President of the Kyrgyz Republic may be appealed to:

5. Decisions and actions (failure to act) of election commissions and their officials may be appealed to a superior election commission within the period stipulated by this Code. Voting results or election results may be appealed within 10 calendar days after the election day. A complaint shall not be accepted upon expiration of this period.

6. A superior election commission shall have the right to reverse the decision of a subordinate election commission and oblige it to re-consider the issue, or it may take a decision on the essence of the complaint appeal.

7. Previous appeal to a superior election commission shall not be an obligatory requirement for appeal to the court.

(In the edition of the Law of the Kyrgyz Republic issued on October 4th 2000 year No.84, October 14th 2001 No.87, January 24th 2004 year No.7)

Article 55. Judicial Procedure of the Appeal of Decisions and Actions (Failure to act) Violating Election Rights of Citizens of the Kyrgyz Republic

1. Decisions and actions (failure to act) of government and local self-government bodies, public associations and officials, as well as election commissions and their officials as well as actions of candidates violating election rights of citizens may be appealed to a court during the time period established by this Code.

The voting results of election results may be appealed within 10 days after the election day. The period of filing a complaint shall not be subject to extension or renewal. On expiry of this period a complaint shall not be accepted.

2. Decisions and actions (failure to act) of election commissions shall be appealed to rayon (city) court.

3. Should a court accept a complaint for consideration while a citizen appeals simultaneously with a similar complaint to an election commission, the election commission shall suspend consideration of the appeal until the court decision comes into legal force. The court should notify the election commission on the complaint received.

4. The court’s decision shall enter into a full legal force from the moment it is issued and is mandatory for implementation by the bodies of state, bodies of local self-governance, public associations, state servants and election commissions.

The decision of the court is immediately provided to the appealant, respondent and their representatives, as well as to the corresponding precinct election commissions.

The first instance court decision can be appealed during 10 days after the court decision has been received.

5. Any voters, candidates, political parties, election blocs, public associations, and election commissions may appeal the decisions and actions (failure to act) violating election rights of citizens. A person should exactly formulate the complaint and present or point out to the proof and evidence, on the basis of which he/she files the complaint.

6. In cases stipulated by this Code, by laws of the Kyrgyz Republic, a court may cancel a decision of a corresponding election commission on the results of voting or elections, or other decision of the election commission.

7. Complaints filed in the course of preparation for elections shall be considered by court within a three-day period from the day of filing the complaint but not later than on the day preceding the election day, and immediately if filed on the election day or on the day following the election day. Should the facts of a complaint require some additional verification, the decisions on them shall be taken not later than within 5 days. When a complaint is filed on an election commission decision on the voting results, elections results the court shall take a decision not later than 10 days after the day of filing the complaint.

8. Failure to appear in court of the claimant, representatives of the respective election commissions, government and local self-government bodies, other interested persons who were properly notified about the place and time of the court session shall not be an obstacle for hearing and deciding the case.

9. Courts and prosecutors’ offices shall arrange their work (including days off) in such a way as to ensure timely consideration of the appeals.

10. The court decision that entered into force may be considered in the exercise of supervisory judicial powers within 5 calendar days after the day of filing an appeal.

At elections of the deputies of local keneshes and heads of local self-governments an appeal shall be brought to the oblast and Bishkek city courts, with mandatory participation of the representative of respective oblast and Bishkek city election commissions. At elections of the president of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic the appeal shall be brought to the Supreme Court of the Kyrgyz Republic with mandatory participation of the representative of the Central Elections Commission.

Supervisory appeal against the court decision shall be filed with the respective court, which passed the decision. Submission of the appeal directly to the superior level court of the Kyrgyz Republic shall not hinder consideration of the appeal.

In case if the supervisory appeal is accepted for consideration, the election commission shall halt its implementation of the verdict issued by the district (city) court.

A decision of the superior level court of the Kyrgyz Republic shall enter into force from the moment it was passed, and shall be final and not subject to appeal.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7, December 29th 2004 year, No.195)

Article 56. Grounds for Cancellation of a Candidate's Registration, Cancellation of an Election Commission Decision on Voting Results, Election Results

1. Candidate’s registration may be cancelled (annulled) by the election commission or by court in case if the candidate has concealed information in relation to his criminal sentence which has not been expunged or completed in a manner specified by the law, in case if the accusatory sentence against the candidate has been entered into force or in case if the candidate has concealed that he/she is a citizen of another state.

Registration of a candidate may be cancelled (annulled) not later than 5 day preceding the election day in case of:

2. In case if after election results have been established by the appropriate election commission, and if afterwards the court identifies violations made in relation to the voting procedures, count of the votes or in determination of the voting results which do not allow truly determine the voters’ self-expression, it may cancel decision of the polling station on the voting results at that precinct election commission in accordance with procedures specified by this Code.

Violations, that have influenced voters’ self-expression, imply violations of this current code which influenced voters’ self-expressions during the course of the voting procedures, count of the votes or determination of the voting results at the polling station which do not allow truly establish the number of votes received by each candidate.

Under violations that may have influenced the voters’ self-expression are meant violations that have influenced the voters’ will during the voting process, count of the votes or determination of the election results at the polling station, violation related to campaigning on the voting day, obstruction to implementation of election rights by the citizens, election monitoring, voting on behalf of other voters, interference into work of election commissions, provision of transport by the candidates, their close relatives and candidates’ proxy person to deliver voters to the polling station as well bribing of voters.

3. In case if after election results have been determined by the appropriate election commission with regard to the candidate who has gained most of the votes; if it is established that the candidate failed to report facts on his/her conviction which was not expunged in accordance with the law, or if the criminal sentence has already entered into force or if the candidate has hidden his/her citizenship of belonging to a foreign state, then the decision of the election commission on election results can be cancelled.

In case if after the appropriate election commission has established the election results, and if it’s been established that the candidate who has gained most of the votes committed crimes listed in item 1 of this current article which resulted in cancellation of the election results at the polling station which have influenced election results, then decision of the election commission on election results may be cancelled in accordance with procedures specified by this code.

Violations of this code committed by candidates who did not get elected based on the election results and who were not included into the ballot for repeated elections, may not constitute the basis for announcing election results as invalid.

If the court cancels election results on the part of the polling stations that cover more than one third of the voters from the total number registered voters in the voters’ rolls, then this shall automatically lead to declaring election results as invalid in the entire constituency, in the Kyrgyz Republic as a whole.

4. If the court has accepted to consider the criminal case against the candidate and was not able to reach the verdict prior to the announcement of the election results, then the election commission shall delay determination of election results and suspend elected candidate’s registration.

5.Grounds for cancellation of the candidate’s registration, decision of the election commission on cancellation of the election results laid down in this article are considered exhaustive. Any restriction of the citizen’s election right to be elected based on other grounds other than the ones mentioned in this article will be construed as an obstruction to implementation by the citizen of his/her election rights and punished in accordance with the law.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7, October 25th 2004 year, No.185)

Article 57. Liability for Violation of the Election Rights of Citizens

Persons:

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

II. SPECIAL PART

Chapter XI

Elections of the President of the Kyrgyz Republic

Article 58. Appointment of the Elections of the President of the Kyrgyz Republic

1. President of the Kyrgyz Republic is elected for the term of five years.

2. The same person may not be elected as President of the Kyrgyz Republic for more than two terms consecutively.

3. A citizen of the Kyrgyz Republic not younger than 35 and not older than 65 year old, having good command of the state language, and living in the Republic not less than 15 years before being nominated as a candidate for the position of President may become President of the Kyrgyz Republic.

4. Regular elections of the President of the Kyrgyz Republic shall be held on last Sunday of October of the fifth year of the office of the current President of the Kyrgyz Republic.

5. Election of the President of the Kyrgyz Republic shall be set by the Jogorku Kenesh of the Kyrgyz Republic not later than four months prior to the election day.

6. The Jogorku Kenesh of the Kyrgyz Republic shall appoint early elections of the President of the Kyrgyz Republic three months prior to the date of elections only in the event of the resignation of the President of the Kyrgyz Republic upon his statement made at the meeting of the Jogorku Kenesh, his dismissal from office in accordance with the Constitution, as well as in the event of disease which prevents him from execution of his duties, or death of the president of the Kyrgyz Republic. In this case the day of elections shall be the last Sunday before the expiration of three months from the moment of the early termination of the execution of his authorities by the President of the Kyrgyz Republic. In this case, the terms of election actions established by this Code, shall be reduced by one fourth.

7. The resolution of the Jogorku Kenesh on setting the day of elections of the President of the Kyrgyz Republic should be officially published in mass media within three calendar days.

8. In case if the Jogorku Kenesh does not appoint presidential elections in the period stipulated under Clause 5, 6 of this Article, presidential elections of the Kyrgyz Republic shall be considered set. Within 2 calendar days, the Central Election Commission shall officially publish the date of presidential elections in mass media and conduct elections in the period stipulated by this code.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year, No.7)

Article 59. Organization of Elections of the President of the Kyrgyz Republic

Preparation and conduct of elections of the President of the Kyrgyz Republic shall be executed by:

Reference:

Explanation on the order of formation of rayon, city and precinct commisions for election of the President of the Kyrgyz Republic (approved by CEC Decree issued on June 20th 2000 year, # 3240

Article 60. Nomination of a candidate for the post of President of the Kyrgyz Republic

1. Candidates shall be nominated for the post of President of the Kyrgyz Republic at a national congress (conference) of a political party, election bloc where a member of the Central Election Commission and a representative of the Ministry of Justice system shall be entitled to attend.

2. An electors’ meeting may nominate a candidate for the President of the Kyrgyz Republic. The meeting shall be deemed competent to make a decision if not less than 100 voters are present. The voters’ meeting determines procedure issues and agenda.

3. Political parties, election blocs, meetings of voters shall have the right to nominate only one candidate for the position of President of the Kyrgyz Republic.

4. Decisions of political parties, election blocs on the nomination of a candidate for the position of President of the Kyrgyz Republic shall be taken by secret ballot.

5. Self-nomination of a candidate for President of the Kyrgyz Republic shall be made by means of filing an application with the Central Election Commission on his/her intention to run as a candidate for the position of President of the Kyrgyz Republic.

6. Nomination of candidates for the post of President of the Kyrgyz Republic shall start on the date when the election is set and end 60 calendar days prior to the election day.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 61. Knowledge of the State Language by a Presidential Nominee of the Kyrgyz Republic

1. A citizen of the Kyrgyz Republic who has a good command of the state language may be elected as President of the Kyrgyz Republic.

2. A good command of the state language shall means the ability to read, write, express thoughts/ideas and make public speeches in the state language.

3. The following grounds shall be invoked to declare that the candidate does not has a sufficient knowledge of the state knowledge:

Failure to participate in the language examination test;

Inability to read, write and express his/her thoughts in the state language;

The Central Election Commission on the basis of conclusion issued by the Linguistic commission shall establish the degree of command of the state language by a presidential nominee of the Kyrgyz Republic. 20 days prior to the appointment of elections of the president of the Kyrgyz Republic, the Central Election Commission shall submit composition of the linguistic commission to the Parliament for approval. The Parliament shall approve composition of the linguistic commission within 10 days after the central Election Commission’s submission. In case if the Parliament fails to approve composition of the Linguistic commission within the time frame specified by this code, then the linguistic commission shall be approved by the order issued by the Central Elections Commission

For checking the presidential nominee’s command of the state language of the Kyrgyz Republic, the nominee shall:

Every member of the linguistic commission shall make a judgment on whether the candidate’s knowledge in the state language is proficient on each of the mentioned criteria separately on the following mark level:

Decisions of the commission shall be passed by the majority of votes cast the by the members who are present at the meeting.

Examination of knowledge of the state language by the presidential nominee of the Kyrgyz Republic shall be conducted under equal conditions for all candidates. The state language examination process shall be live broadcast at the channel of the state TV.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year, No.7)

Article 62. Gathering of Signatures in Support of a Candidate for the Position of President of the Kyrgyz Republic

1. A candidate for the President of the Kyrgyz Republic should be supported by not less than 50 thousand voters’ signatures. At that, every oblast Bishkek and Osh city should contribute not less than 3 percent of the required total number of signatures each.

2. The collection of signatures shall be carried out from the day of nominating the candidates for the position of President of the Kyrgyz Republic and shall be organized by authorized representatives of each candidate.

3. The number of authorized representatives of a candidate for the position of President of the Kyrgyz Republic may not exceed 50 persons.

4. Signatures may be collected only among the eligible voters with an active election right. Signature collection is conducted at places of work, service, study, residence, pre-election events and other sites where campaigning and signature collection is not forbidden by this Code. Participation of the management of legal entities or their subsidiaries and representatives in signatures collection as well as compulsion in the process of signatures collection and providing any bonuses to voters for their signatures as well as hampering the collection of signatures process shall not be allowed. Collection of signatures during the process and at the place of payment of salaries, pensions and other social benefits shall be forbidden. Gross or recurring transgression of these prohibitions may become the grounds for a respective election commission or court of law to declare the collected signatures as invalid and/or to cancel the candidate’s registration

5. A person who has the right to collect signatures shall be a capable citizen of the Kyrgyz Republic of the full legal age.

6. Each of the candidate’s supporting signature list must contain full name, date of birth, place of work and position (occupation) of the candidate.

7. Voters signing in a supporting subscription list shall write in with their own hands their full name, address, year of birth and date of putting the signature (at the age of 18 voters shall additionally specify the date and month of birth. Voters are entitled to put their signatures in support of different candidates, but only one signature in support of one and the same candidate.

8. Each subscription list should contain information on the fact that this person collected signatures personally and that the information is true and correct, as well as specify full name of the person collecting the signatures, number and series of his/her passport or substitute document, name of the inhabited locality where signatures were collected.

9. Signature lists are produced in the format approved by the Central Election Commission.

10. Filled-in, stitched and numbered subscription lists in support of a candidate for presidency shall be filed not later than 50 days to by authorized representatives with an oblast, Bishkek and Osh city election commissions, which within five days shall check authenticity of signatures with assistance of registration service personnel. During the reception of subscription lists oblast, Bishkek ans Osh city election commissions shall stamp each list with the election commission seal and give out a written certificate confirming the receipt of subscription lists and indicating the number of signatures of voters and date and time of reception. The signatures may be verified either through the entire submitted list or only part of them randomly selected (through casting of lots).

Reference:

Instruction on checking authenticity of information contained in signature lists in support of the candidacy to the post of the President of the Kyrgyz Republic (approved by CEC Decree issued on July 4th 2000 year, # 354)

11. All candidates that presented signatures for registration should be notified on each case of verification. All candidates who presented the established number of signatures or their authorized representatives are entitled to be present during verification of signatures including sampling of signatures for verification. Those signatures that are in the subscription lists but had been excluded (crossed out) by candidates, their authorized representatives before they were filed with the election commission, provided that was specifically noted, shall not be subject to verification or accounting. After verification of signatures, the lists shall be returned to authorized representatives of candidates for submission to the Central Election Commission.

12. After verification, the election commission shall draw up a corresponding protocol and send it to the Central Election Commission.

13. The Subscription lists shall be deemed invalid if the requirements stipulated under this Article are not met.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 63. Registration of candidates for the position of President of the Kyrgyz Republic

1. In order to be registered, a candidate to the position of President or his authorized representative, not later than 45 calendar days prior to the election day, shall submit to the Central Election Commission the documents specified under Clause 1 Article 27 of this Code, as well as a document certifying the fact that the candidate has made an election deposit.

2. Within 10 calendar days from the day of receiving the documents, the Central Election Commission shall review the compliance of the procedure of the candidate’s nomination for President of the Kyrgyz Republic with the requirements of the Constitution and this Code and register the candidates for President of the Kyrgyz Republic or issue a motivated decision on the refusal to register.

3. Prior to registration and after the review of the submitted documents the presidential candidate shall make an election deposit in the special fund account of the Central Election Commission out of his/her personal funds or out of his election fund in the amount of 1000 minimum monthly salaries established by law. The election deposit shall be returned to the candidate after the elections if he receives not less than 15 percent of votes of the voters who participated in the election. The remaining amount of the election deposit shall not be subject for transfer to the state budget but be used by the Central Election Commission in targeted manner for preparation and conduct of elections, improvement of the election system.

4. Registration of presidential candidates shall end 35 calendar days prior to the election day.

5. The Central Election Commission shall inform the person whose registration as a candidate for the post of President of the Kyrgyz Republic is denied. This decision may be appealed in court within five days.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 64. Election Fund of a Candidate for the Post of President of the Kyrgyz Republic

1. A candidate to the post of President of the Kyrgyz Republic shall establish his/her own election fund for financing his/her pre-election campaign in accordance with the procedure established by the General Part of this Code.

2. Election funds may be formed on account of the following financial resources as well as by campaigning and informational materials that the Central Election Commission shall take into consideration:

The maximum amount of the candidate’s expenses out of his/her election fund shall not exceed the amount of 400,000 minimum salaries.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 65. Summing up and Establishment of the Results of Elections of the President of the Kyrgyz Republic

1. On the basis of protocols of precinct election commissions, superior election commissions at their meetings shall sum up the results of elections of the President of the Kyrgyz Republic on their territories and shall file them with their immediately superior election commission without delay.

2. Based on the protocols of oblast, Bishkek and Osh city election commissions the Central Election Commission shall determine the results of elections of the President of the Kyrgyz Republic not later than within a five-day period after the election day and shall send them to the Constitutional Court of the Kyrgyz Republic for consideration and issuance of an opinion on legitimacy of the election of the President of the Kyrgyz Republic.

3. Presidential election of the Kyrgyz Republic shall be considered effective if more than fifty percent of the voters of the Kyrgyz Republic took part in it. A candidate for the presidency of the Kyrgyz Republic who won more than half votes of the voters who participated in the first round of the elections shall be considered as elected.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 66. Repeated Voting

1. If two or more Presidential candidates of the Kyrgyz Republic were included into the ballot and none of them is elected, the Central Election Commission shall designate a repeat voting to elect President of the Kyrgyz Republic with two candidates who won the largest number of votes included in the ballot.

2. The repeat voting shall be conducted not later than two weeks following the day of establishment of the election results, in compliance with the requirements of this Code. The Central Election Commission shall publish information on the repeat voting in mass media not later than three calendar days after the day of establishment of the election results.

3. Should one of the presidential candidates of the Kyrgyz Republic withdraw before the conduct of repeat voting, by decision of the Central Election Commission the second candidate for repeat voting shall be the candidate who at general elections received the largest number of votes after the two candidates for whom repeated voting was initially appointed. In case there are no other candidates left, voting shall be conducted for one candidate.

4. A candidate who wins the majority of votes in the course of repeated voting shall be considered elected, if not less than 50 percent of all the voters participated in voting.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 67. Repeated Elections

In case elections are recognized as voided, invalid, and should none of the two candidates included in the ballot be elected, or in repeat voting none of the candidates be elected, the Central Election Commission shall within one month appoint repeated elections of the President of the Kyrgyz Republic.

Repeated elections shall be conducted in accordance with an order and dates specified by this current code.

The message about the conduct of repeated elections shall be published in mass media no later than 5 days after the appropriate decision has been made.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 68. Inauguration of the President of the Kyrgyz Republic

1. The results of presidential elections of the Kyrgyz Republic should be confirmed by the Constitutional Court of the Kyrgyz Republic not later than 7 days after the completion of elections. The Constitutional Court of the Kyrgyz Republic shall consider the definition of the Central Election Commission on the election results based on the protocols of oblast, Bishkek and Osh city election commissions and give its opinion on legitimacy of the presidential election of the Kyrgyz Republic.

2. The opinion of the Constitutional Court on the voting results and election legitimacy of the President of the Kyrgyz Republic shall be announced by the Chairperson of the Constitutional Court of the Kyrgyz Republic and the President-elect of the Kyrgyz Republic shall take an oath within 30 days in presence of deputies of the Jogorku Kenesh of the Kyrgyz Republic. The CEC shall provide for the official publication of the results of the election of the president of the Kyrgyz Republic in mass media within 3 days after the constitutional court of the Kyrgyz Republic has issued its opinion on legitimacy of the presidential election of the Kyrgyz Republic.

3. The Central Election Commission shall register the president-elect and upon inauguration of the President of the Kyrgyz Republic shall give him the certificate of President of the Kyrgyz Republic, presidential insignia – a breastplate and President’s standard (flag) of the Kyrgyz Republic, with engraved surname, first name and patronymics of the President of the Kyrgyz Republic and dates of the term of his office.

4. In case of failure to take an oath by the President-elect of the Kyrgyz Republic within the stipulated time, the Central Election Commission shall organize the procedure of inauguration of the President of the Kyrgyz Republic.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Chapter XII

Elections of Deputies to the Jogorku Kenesh of the Kyrgyz Republic

Article 69. Fixing Elections of Deputies to the Jogorku Kenesh of the Kyrgyz Republic

1. Any citizen of the Kyrgyz Republic, who on the election day has reached 25 years, having the right to participate in elections and who has been permanent resident in the Republic for not less than 5 years before his/her nomination as a candidate for deputy may be elected a deputy of the Jogorku Kenesh of the Kyrgyz Republic.

Interruptions of up to 6 months in one year in permanent residence on the territory of the Kyrgyz Republic shall be granted in cases if there are business, scientific or job travels abroad as well as other activities.

2. Deputies of the Jogorku Kenesh shall be elected for a five-year term in single-member territorial electoral districts.

3. Regular elections to the Jogorku Kenesh of the Kyrgyz Republic shall be appointed by the President of the Kyrgyz Republic not earlier than 90 days and not later than 75 days before the election day, and conducted on the last Sunday of February of the fifth year of the term of office of the Jogorku Kenesh of the Kyrgyz Republic.

4. If the Jogorku Kenesh of the Kyrgyz Republic is dissolved in cases and according to the procedure stipulated by the Constitution of the Kyrgyz Republic, the President of the Kyrgyz Republic shall appoint election of deputies to the Jogorku Kenesh so that the newly elected Jogorku Kenesh could convene for its first session not later than 6 months from the moment of its dissolution.

5. Decree of the President of the Kyrgyz Republic on appointment of the day of election of deputies to Jogorku Kenesh of the Kyrgyz Republic should be officially published in mass media within three calendar days.

6. In the event if the president of the Kyrgyz Republic does not appoint elections of deputies to Jogorku Kenesh of the Kyrgyz Republic within the period stipulated under Clause 4, 5 of this Article, the election of deputies to the Jogorku Kenesh of the Kyrgyz Republic shall be considered set. Within two calendar days, the Central Election Commission shall officially publish in mass media the date of election of deputies to the Jogorku Kenesh of the Kyrgyz Republic and conduct the election within the period established by this Code.

7. Elections of deputies of the Jogorku Kenesh instead of retired deputies in the relevant constituencies shall be appointed by the President of the Kyrgyz Republic within two month after a deputy’s seat has become vacant and conducted by the Central Election Commission, within the timeframe and according to the procedure stipulated by this Code. Should deputies of the Jogorku Kenesh retire one year or less before the expiration of the constitutional term for which the deputies were elected, no election shall be held to replace the retired deputies.

(In the edition of the Law of the Kyrgyz republic issued on July 17th 2000 year No.59, January 24th 2004 year No.7)

Article 70. Electoral Districts

1. To conduct elections of deputies to the Jogorku Kenesh of the Kyrgyz Republic, 75 (single-member) electoral districts shall be formed.

2. The procedure for formation of single-member electoral districts for the election of deputies to the Jogorku Kenesh of the Kyrgyz Republic is established by the General Part of this Code.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 71. Election Commissions

Preparation and conduct of elections of deputies to the Jogorku Kenesh shall be carried out by:

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 72. Procedure for Nomination of Candidates for Deputies

1. Nomination of candidates for deputies of the Jogorku Kenesh of the Kyrgyz Republic shall start after 10 calendar days since the day elections were appointed.

2. Nomination of candidates shall end 40 calendar days before the election day.

3. The right to nominate candidates for deputies of Jogorku Kenesh of the Kyrgyz Republic shall belong to political parties, as well as to citizens by way of self-nomination.

4. Nomination of candidates for single-member electoral districts by political parties shall be carried out at their congresses (conferences) with identification of the district where each candidate shall run. Political parties shall have the right to nominate one candidate for each election district. Decision on nomination of the candidate shall be adopted by the secret vote.

In case of the conduct of election for the position of a deputy of the Jogorku Kenesh of the Kyrgyz Republic to replace a deputy who had retired, political parties have the right to nominate candidates for the position of a deputy at conferences (meetings) of the regional branches of their political parties.

A member of the Central Election Commission, territorial election commission and representative of Justice bodies shall be entitled to attend the congress (conference) of a political party on nomination of candidates.

5. The list of candidates nominated by political parties, election blocs shall be submitted to the Central Election Commission and the election commission of the district where the candidate nominated by the political party, election bloc shall run. These lists should contain name and number of the electoral district, in which each candidate shall run, surname, name, patronymics, date of birth, place of work, position (occupation) and place of residence of each candidate. The list of candidates nominated by a political party shall be signed by the party leader and authenticated by the party stamp. The list of candidates nominated by an election bloc shall be signed by the head of the election bloc. At the same time with the list, a protocol with the decision of the congress (conference) of the political party, at which the candidates were nominated, shall be submitted.

The Central Election Commission shall publish the submitted lists in mass media.

6. Self-nomination of a candidate for deputy to the Jogorku Kenesh of the Kyrgyz Republic shall be made by filing of an application with the respective district election commission on the intention to stand as a candidate in the given electoral district.

(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 73. Registration of a Candidate for Deputy

1. To be registered, a candidate for deputy or his/her authorized representative, not later than 35 calendar days prior to the election day before 6 p.m. local time, shall file with the district election commission the documents specified in Clause 1 Article 27 of this Code, as well as a document certifying payment of the election deposit.

2. Before the registration and after review of the submitted documents, a candidate for deputy shall make an election deposit out of his/her own funds or from his/her election fund into the special fund of the Central Election Commission, the amount of the deposit being equal to 300 minimum monthly salaries established by the legislation.

After the elections the election deposit shall be returned to the candidate for deputy if not less than 15 percent of voters of the respective electoral district entered on the electoral register voted for him/her, which is established by the district election commission protocol.

3. Within 10 days from the day of receipt of the documents, the territorial election commission on election of deputies to the Jogorku Kenesh of the Kyrgyz Republic shall review the compliance of nomination procedure of the candidate with the requirements of this Code and shall register the candidate or issue a motivated decision on the refusal to register.

4. Registration of the candidates for deputies shall end 25 calendar days before the election day.

5. Data on the registered candidates for deputies shall be transferred by the territorial election commissions to the Central Election Commission on the day of registration.

6. In case if during the period stipulated under this Article no candidates are registered in a single-member district, the election in such district shall be postponed by decision of the Central Election Commission by 50 days for additional nomination of candidates and implementation of the subsequent electoral actions.

(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 74. Election Fund of a Candidate for Deputy

1. A candidate shall establish his/her own election fund for financing the election campaign according to the procedure established by the General Part of this Code.

2. Election funds may be formed out of the following financial resources, as well as from campaigning-informational materials, which shall be accounted by the territorial election commission:

The maximum amount of a candidate’s expenses on account of the election fund shall not exceed the amount of 5,000 minimum salaries.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7, April 30th 2004, #56 )

Article 75. Establishing of the Election Results

1.On the basis of protocols of precinct election commissions, a territorial district election commission shall at its meeting establish the results of election of deputies to the Jogorku Kenesh of the Kyrgyz Republic in the constituency on its corresponding territory, and submit this information without delay to the Central Election Commission.

2. The candidate who won more than half of votes of the voters who participated in the election shall be considered elected in the first round of the election in the single mandate territorial constituency.

If the ballot contains names of two candidates running in the same territorial district, then the candidate who won most of the votes cast by the electors who participated in the election shall be considered as elected.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 76. Repeated Voting

1. In the event if more than two candidates were included in the ballot for the district and none of them was elected, the territorial district election commission shall designate repeat voting to elect deputies to Jogorku Kenesh of the Kyrgyz Republic for two candidates who won the largest number of votes.

2. The repeat voting shall be conducted not later than two weeks after the day of establishment of the general elections results in compliance with the requirements of this Code. The information on the repeat voting shall be published in mass media not later than two calendar days after the day when the corresponding decision was taken by the territorial district election commission.

3. If prior to repeat voting only one candidate is left, as a second candidate for repeat voting shall be recognized by decision of the territorial district election commission the candidate who at the general elections won the largest number of votes after the two candidates for whom the territorial district election commission initially appointed the repeat voting.

4. At repeat voting a candidate who wins the majority of votes of the voters participating in the repeat voting shall be considered elected.

In cases when only one candidate was left to contest in the repeated voting, this candidate shall be considered elected if he or she wins more than half of the votes cast by the people who took part in the election.

(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year No.87, January 24th 2004 year No.7)

(For interpretation of the item 1 see the law of the Kyrgyz Republic issued on November 16th of 2000 No.86)

Article 77. Establishment and Official Publication of the Election Results

1. On the basis of protocols of the territorial district election commissions, the Central Election Commission shall establish the election results for single-member territorial constituencies in the whole country.

2. Within two weeks, the Central Election Commission shall officially publish in mass media the results of elections of deputies OF the Jogorku Kenesh for the republic.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 78. Registration of Deputies of the Jogorku Kenesh of the Kyrgyz Republic

1. After signing the protocol on the election results, a district election commission shall notify the elected candidate for deputy about it. Within three days, the deputy-elect shall inform in writing the Central Election Commission about his/her abdication from the functions that are incompatible with the status of a deputy of the Jogorku Kenesh of the Kyrgyz Republic.

2. After official publication of the election results in the republic and receipt of applications of the elected deputies on laying down their responsibilities that are incompatible with the status of a deputy of the Jogorku Kenesh of the Kyrgyz Republic, the Central Election Commission, within a three-day period, shall register the elected deputies and give them certificates and breast badges of the established design.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Chapter XIII

Election of Deputies to Local Keneshs of the Kyrgyz Republic

Article 79. Election of Deputies to Local Keneshes

A citizen of the Kyrgyz Republic who has reached the age of 20 years and who lives on the territory of a respective local kenesh may be elected as a deputy to a local kenesh.

(In the edition of the law of the Kyrgyz Republic issued on July 25th No.64, January 24th 2004 year No.7)

Article 80. Appointment of Elections of Deputies to Local Keneshes

1. Election of deputies to local keneshes shall be appointed by the President of the Kyrgyz Republic not later than 60 calendar days prior to the election day. The election day shall be the first Sunday before the expiration of the terms of office of local keneshes.

2. In case of dissolution of local keneshes the President of the Kyrgyz Republic shall at the same time appoint elections of deputies to local keneshes. Then the election day shall be the last Sunday before expiration of 45 calendar days from the day of dissolution of local keneshes. In this case the timeframes of election actions established by this Code shall be reduced by one fourth.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 81. Organization of Elections of Deputies to Local Keneshes

Preparation and conduct of elections of deputies to local keneshes shall be carried out by:

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 82. Electoral Districts

For elections of deputies to oblast and Bishkek, and Osh city keneshes, up to twenty multi-member electoral districts shall be established in each oblast and in Bishkek and Osh cities.

For elections of deputies to rayon, city (oblast level) keneshes, up to ten multi-member constituencies shall be established in each rayon and city.

For elections of deputies to cities (rayon level), town, ayil keneshes, up to seven multi-member constituencies shall be established in each city, town and village.

Multi-member constituencies are established with approximate equality of the number of voters per each member.

(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 83. Nomination of Candidates for Deputies to Local Keneshes

1. Nomination of candidates for deputies shall start from the day of appointment of elections.

2. Candidates shall be nominated by a meeting of voters living on the territory of the corresponding inhabited locality. A member of the territorial election commission has the right to be present at the meeting of voters.

The voters’ meeting has the right to nominate for each multi-member constituency candidates the number of which should not exceed the number of seats established for the given constituency.

3. Candidates for deputies of local keneshes shall be nominated at a congress (conference) of a political party, a meeting (conference) of its regional branch. A member of the district election commission and a representative of the Ministry of Justice bodies shall have the right to be present at such congress (conference) of a political party, the meeting (conference) of its regional branch.

4. A political party, its regional branch, election blocs shall have the right to nominate candidates for each multi-member constituency, with the number of nominated candidates not exceeding the amount of seats established for the given constituency. The decision on nomination of candidates for deputies of local keneshes shall be taken by secret ballot.

5. Self-nomination of a candidate for deputy of a local kenesh shall be affected through filing of an application with the district election commission on the intention to stand as a candidate.

6. No one may be nominated a candidate in more than one constituency.

7. A candidate, political party, its regional branch, election bloc, voter’s meeting shall have the right to appoint up to three authorized representatives in a constituency.

8. If case if the number of nominated candidates turned out to be less than the number of mandates in an appropriate constituency, or all the nominated candidates withdrew their candidatures or retired prior to their registration, then the respective election commission shall prolong the nomination period for not more than 20 calendar days.

9. If all the candidates withdrew after the expiration of the term of registration, upon request of the respective election commission, the Central Election Commission shall extend the election period by its resolution but not more than for 40 calendar days.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 84. Registration of Candidates for Deputies of Local Keneshes

1. For registration a candidate for deputy or his/her authorized representative shall file with a district election commission the documents, specified in Clause 1 Article 27 of this Code not later than 25 calendar days before the election day, as well as a document certifying payment of the election deposit.

2. Before the registration and after review of the submitted documents, the candidate shall make an election deposit out of his/her own personal resources to the special fund of the oblast, Bishkek, Osh city election commission for election of deputies to city, town, ayil keneshes in the amount of 10-fold minimum salary, for rayon, city keneshes – 20-fold minimum salary, for oblast, Bishkek, Osh city keneshes – 50-fold minimum monthly salary established by law. The election deposit shall be returned to the candidate after the elections if not less than 15 percent of the voters who were included in the electoral register voted for his/her candidature in this district, which is established by the protocol of the district election commission. The remaining amount of the deposit shall not be transferred to the state budget and shall be used by oblast, Bishkek and Oshelection commissions in a targeted manner for preparation and conduct of elections and improvement of the electoral system.

3. Within five calendar days after filing of documents, the district election commission shall verify compliance of the candidate’s nomination procedure with the requirements of this Code and shall take a decision on the candidate’s registration or a motivated decision on denial thereof.

4. Registration of candidates for deputies to local keneshes shall end 20 calendar days before the election day.

5. Information about registered candidates shall be published in mass media by the territorial district election commission within three calendar days.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 85. Election Fund of a Candidate for Deputy of a Local Kenesh

1. A candidate for deputy of oblast and Bishkek, Osh city kenesh shall establish his/her own election fund for financing of the election campaign in accordance with the procedure established by the General Part of this Code.

2. Election funds may be formed out of the following funds:

The maximum amount of expenses on account of the candidate’s election fund may not exceed 5,000 minimum salaries.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 86. Determination and Establishment of Election Results for Deputies to Local Keneshes

1. The district election commissions at their meetings shall determine the results of elections on the basis of protocols of the precinct election commissions on election of deputies to rayon, city of oblast level, city of rayon level, town and village keneshes and submit them to the respective oblast, Bishkek, Osh city election commission without delay.

The district election commissions at their meetings shall determine the results of their respective district elections on the basis of protocols of the precinct election commissions on election of deputies to oblast, Bishkek, Osh city keneshes and submit them to the oblast, Bishkek, city election commission without delay.

On the basis of the protocols filed by the district election commissions, oblast and Bishkek and Osh city election commission shall establish the results of elections in the district and in the whole oblast and Bishkek and Osh cities.

2. The candidates (in accordance with the number of seats) who won the largest number of votes cast in the election in the corresponding electoral district shall be deemed elected.

If the candidates have gained equal number of votes, then the candidate, who registered earlier than the others shall be elected. In case if the candidates were registered on the same day, then the issue is resolved by the casting of lots.

3. The results of the elections of deputies to local keneshes shall be officially published by oblast and Bishkek, city election commissions in mass media within ten day from the election day.

4. Within three calendar days after the official publication of the election results the district election commission shall register the elected deputies and issue them certificates of their election according to the design established by the Central Election Commission.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)

Article 87. Filling a Vacant Seat of a Deputy to Local Kenesh

1. In case of an early withdrawal of a local kenesh deputy, upon a decision of an oblast, Bishkek, Osh city election commission, his/her seat shall be passed to the candidate who won the largest number of votes cast following the elected candidates in the corresponding multi-member constituency.

2. In cases when there are no candidates left, the seat shall be considered vacant until the next election.

(In the edition of the Law of the Kyrgyz Republic issued on July 23th 2000 year No.64, October 14th 2001 year No.87, January 24th 2004 year No.7)

Chapter XIV

Election of Head of Local Self-Government

Article 88 Appointment of elections of heads of local self-government

1. A citizen of the Kyrgyz Republic not younger than 25 and not older than 65 may be elected as head of local self-government.

2. The President of the Kyrgyz Republic shall appoint election of heads of local self-government not later than 60 calendar days before the election day.

3. In case of an early termination of the powers of a heads of local self-government, the Central Election Commission shall appoint the election not later than one month after the appearance of vacancy. In this case the period for election related activities established by this Code should be shortened by one-third.

(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 89. Organization of elections of heads of local self-government

Preparation and conduct of elections of heads of local self-government shall be implemented by:

(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year No.87)

Article 90. Nomination of candidates for the position of head of local self-government

1. Candidates shall be nominated by voters’ meetings held at their places of work, service, study or place of residence. The voters’ meetings shall be considered as competent if not less than 25 people attend each of them. Participants of the meeting themselves shall determine the procedural issues of the conduct of the meeting. A candidate shall be considered nominated if he or she has gained more than half of the votes out of the total number of the meeting participants.

2. Nomination of candidates from a political party is made at the party’s congress (conference) or at the meeting (conference) of its regional (ayil, city, rayon or oblast) branch.

A member of rayon or city election commission and a representative of the Ministry of Justice bodies shall be entitled to attend the congress (conference) of the political party, the meeting (conference) of its regional branch.

3. A citizen shall be entitled to nominate himself or herself (self-nomination) for the position of head of local self-government by submitting an application to the rayon or city election commission on his or her intention to stand for the position.

4. A citizen of the Kyrgyz Republic who occupied the position of head of local self-government and who discontinued the execution of his/her authorities as head of local self-government ahead of time in case of retirement or in connection with no-confidence vote passed in accordance with the procedure stipulated by law may not be nominated as a candidate at the election appointed in connection with the said circumstances.

5. Nomination of candidates for the position of head of local self-government shall begin from the moment when the election is appointed and end 35 calendar days before the election date.

(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 91. Registration of candidates for the position of head of local self-government

1. For registration, a candidate for the position of head of local self-government or his/her authorized representative should, not later than 30 calendar days before the election day, submit to the district election commission appropriate documents specified under Clause 1 Article 27 of this current code as well as the document confirming introduction of a financial deposit.

2. Before his/her registration and after review of the submitted documents, the candidate for the position of head of local self-government shall make an election deposit to the special fund of the oblast, Bishkek city election commission in the amount of the 50-fold minimum monthly salary established by law, this deposit to be drawn from own personal resources of the candidate or from his/her election fund. This election deposit shall be returned to the candidate after the elections if not less than 15 percent of the voters included on the electoral registers voted in favour of his/her candidature, which shall be established by the district election commission protocol. The remaining amount of the deposit shall not be transferred to the state budget and should be used by the oblast, Bishkek city election commissions in a targeted manner for preparation and conduct of elections, and improvement of the electoral system.

3. Within five calendar days after the day of accepting the documents, the district, city election commission shall verify compliance of the order of the candidate’s nomination to the position of head of local self-government with the requirements of this Code and make a decision on registration of the candidate or on a motivated denial to register.

4. Registration of candidates for the position of head of local-self government shall end 25 calendar days before the election day.

5. Within three calendar days after the approval of the ballot paper text, the district, city election commission shall publish in mass media data on the candidates for the position of head of local self-government included in the ballot paper.

(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 92. Election fund of the candidate contesting for the position of head of local self-government

1. A candidate for the position of head of local self-government shall have the right to establish his or her own election fund to finance the election campaign according to the order established by the General Part of this Code.

2. Election funds may be established on account of the following financial means:

The maximum amount of expenses made out of the candidate’s election fund may not exceed the minimum salary more than 1,000 times.

(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 93. Determining and Establishing the Results Election of Heads of Local Self-Government

1. Top copies of the election protocols developed by the precinct election commissions and signed by their members shall be immediately delivered to the rayon, city election commissions. After preliminary verification of correctness of drawing up the protocols on voting results the rayon, city election commission shall determine the voting results on the respective territory of the local kenesh by adding the data thereon.

On demand of any interested person, the precinct election commission after signing the protocol on voting results should issue its copy or provide that person with an opportunity to make a copy of the protocol on voting results and authenticate it.

2. Oblast and Bishkek city election commissions shall establish election results in the oblasts and the respective administrative-territorial unit of the city of Bishkek based on the data in the protocols of rayon and city election commissions.

3. The candidate who won the most votes out of the total number of votes cast in the election shall be considered elected.

4. Within ten days after the election day, the oblast, Bishkek city election commissions shall officially publish in mass media the results of election of heads of local self-government.

5. Within three calendar days after official publication of the election results, the oblast and Bishkek city election commissions shall register elected heads of local self-government and issue to them the certificates on their election of the design established by the Central 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)

President of the Kyrgyz Republic

A. Akaeva

Adopted by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic

29 April 1999