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CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of July 8, 2026 No. 106

About referendum of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 28, 2026

Chapter 1. General provisions

Article 1. Referendum of the Kyrgyz Republic

1. Referendum of the Kyrgyz Republic (further - referendum) - national vote of citizens of the Kyrgyz Republic (further - participants of referendum) under draft constitutions of the Kyrgyz Republic, the laws, including on introduction of amendments to the Constitution of the Kyrgyz Republic, and other questions of the state value.

2. The referendum along with free elections is direct expression of the power of the people. The referendum is held in all territory of the Kyrgyz Republic.

Article 2. The main terms used in this constitutional Law

1. In this constitutional Law the following concepts and terms are used:

1) propaganda materials - the printed, audiovisual and other materials containing propaganda signs concerning referendum (for or against the question (questions) submitted (taken out) for referendum) and intended for mass distribution, promulgation or other mass use during referendum campaign;

2) propaganda concerning referendum - the activities performed during campaign of referendum and aiming to induce participants of referendum to support or not to support the question submitted for referendum;

3) the question (questions) submitted (taken out) for referendum - draft constitutions of the Kyrgyz Republic, the laws, including on introduction of amendments to the Constitution of the Kyrgyz Republic, and other questions of the state value;

4) guarantees of the participation right in referendum - organizational, legal, information and other means of ensuring of the participation right in referendum of citizens of the Kyrgyz Republic;

5) the state portal - the website of state body containing information on participant lists of referendum in electronic form by sites of referendum, territorial election commissions and the republic in general, created and staticized according to the procedure, established by the legislation, including data on changes of the selective address (number of the polling precinct of referendum), participation of citizens in elections and referenda, and also giving to participants of referendum opportunity for refining and change of the data in case of observance of the requirements for identification and authentication established by the legislation;

6) the group pro - the group of participants of referendum for propaganda for the question (questions) submitted (taken out) for referendum registered by the Central commission on elections and holding referenda of the Kyrgyz Republic (further - Central Election Commission) according to the procedure, established by this constitutional Law;

7) the group contra - the group of participants of referendum for propaganda against the question (questions) submitted (taken out) for referendum registered by Central Election Commission according to the procedure, established by this constitutional Law;

8) the identity document of the participant of referendum - all types of national passports of the citizen of the Kyrgyz Republic established by the legislation;

9) the official of public authorities or local self-government - person, is permanent, temporary or on special power performing functions of the public agent or performing organizational and administrative, administrative, control and supervising functions in state bodies and local government bodies;

10) documents of referendum - the participant lists of referendum, valid, invalid and spoiled (filled with mistakes) bulletins, protocols, electronic protocols of the electoral commissions, their decisions concerning referendum, summary tables about results of vote, checks about identification passing, and also primary and closing statements on identifications, zero and closing statements automatically the reading-out ballot box;

11) initiative group - the group of citizens performing petition for initiative about announcement of referendum according to the law regulating procedure for implementation of the national legislative initiative, and maintenance of initiative to the introduction in legal force;

12) information support of referendum - the informing participants of referendum and propaganda concerning referendum promoting conscious declaration of will of citizens, publicity of referendum;

13) informing participants of referendum - the activities for preparation and distribution of information during referendum campaign promoting to induce participants of referendum to participation of citizens in referendum, conscious declaration of will of citizens and publicity of referendum. Informing participants of referendum shall not contain elements or signs of propaganda;

14) information material - the printed, audiovisual and other materials containing information on the course of campaign of referendum and activities of the electoral commissions, sites of referendum, procedure for modification and refining of the participant list of referendum, procedure for participation in vote, voting procedure, procedure for establishment of results of vote and determination of results of referendum;

15) the commissions on holding referendum (further - the electoral commissions) - the collegiate organs organizing and providing preparation and holding referendum;

16) the international observer - the person representing the foreign or international organization, acquiring the right to implementation of observation of preparation and holding referendum in the Kyrgyz Republic according to the established legislation rather;

17) the observer - person designated by the group pro, the group contra, political party, non-profit organization to observe preparation of referendum, carrying out vote, counting of votes, establishment of results of vote and determination of results of referendum according to the procedure, stipulated by the legislation;

18) public observers - persons designated by non-profit organization to observe preparation of referendum, carrying out vote, counting of votes, establishment of results of vote and determination of results of referendum according to the procedure, stipulated by the legislation;

19) the participation right in referendum - constitutional right of the citizens of the Kyrgyz Republic who reached 18 years on ballot day to participate in referendum, including to vote on the questions submitted for referendum;

20) the permanent residence - the place of residence of the citizen in the territory of the Kyrgyz Republic confirmed with the registration of the residential address or registration mark in the passport of the citizen made by authorized state body in the field of registration and documentation of the population;

21) the religious figure - person performing religious activities on behalf of the religious organization according to the legislation on religious liberty and religious associations including by means of media and the Internet;

22) the participant list of referendum - the list of the citizens of the Kyrgyz Republic having the participation right in referendum, created on the basis of the Unified state register of the population, constituted in electronic and paper types which depending on degree of readiness and purpose is subdivided on preliminary, control and final;

23) the participant of referendum - the citizen of the Kyrgyz Republic who reached 18 years on the ballot day having active voting rights on participation in referendum;

24) the participant of referendum with disability - the citizen of the Kyrgyz Republic having active voting rights, having the violation of health with permanent disorder of functions of organism caused by the diseases, effects of injuries or defects expressed in hearing disorder, sight, functions of the musculoskeletal device, leading to restriction of full implementation of the voting rights;

25) the operator - the member of the precinct election commission or the person involved by Central Election Commission, providing technical services in identification of citizens in case of elections and referenda or to servicing automatically the reading-out ballot box on the site of referendum in ballot day;

26) boxes for vote - automatically the reading-out ballot boxes or stationary boxes, and also portable ballot-boxes;

27) automatically the reading-out ballot box (further - ACS) - the device intended for automatic counting of votes of participants of referendum

28) stationary box - transparent ballot box;

29) portable ballot-box - the box intended for carrying out vote of the participant of referendum out of the room;

30) failure - temporary loss of working capacity automatically the reading-out ballot box, the identification device with the printer;

31) authorized state body - state body in the field of registration and documentation of the population;

32) the check - the physical carrier transformed from electronic type in which information on identification data of the participant of referendum small circulations without creation of printing form is reflected;

33) the preliminary participant list of referendum - the participant list of referendum created in 80 calendar days prior to ballot day, published on the state portal and which is hung out by precinct election commissions for refining by citizens of the data or change of the selective address by them;

34) the control list of participants of referendum - the participant list of referendum containing the staticized information on the participants of referendum and changes made based on statements of the participants of referendum who arrived during refining of the participant list of referendum in 35 calendar days prior to ballot day, published on the state portal and which is hung out on sites of referendum in 30 calendar days prior to ballot day;

35) the final participant list of referendum - the amended list of participants of referendum to which all changes based on statements of participants of referendum during refining of the participant list of referendum are made, published on the state portal and hung out on sites of referendum in 7 calendar days prior to day of referendum;

36) the Internet - global (world) computer network (system of the joint computer networks) for storage and information transfer;

37) Internet editions - the websites (portals, forums), except Internet blogs and personal pages of physical persons on social networks, the containing materials of news, information and analytical, entertaining and other nature administered (moderiruyemy) in the Kyrgyz Republic or owners of which are citizens and (or) legal entities of the Kyrgyz Republic, the allowing open entry of visitors to them to the Internet;

38) online identification - identification of the participant of referendum on its personal and biometric data irrespective of place of registration in ballot day;

39) offline - identification - identification of the participant of the referendum on its personal and biometric data which is in day of referendum on the site of referendum on place of registration;

40) the identification device with the printer (further - UIP) - the device intended for identification of the participant of referendum on its biometric and personal data with function of printout of voting bulletins;

41) remote vote - vote on the site of referendum irrespective of place of registration of the participant of referendum with use of electronic and (or) paper voting ballot and the automatic code of data of vote in electronic system;

42) electronic vote - vote out of the site of referendum with use of electronic voting ballot and the automatic code of data of vote in electronic system;

43) electronic voting ballot - the bulletin prepared by program technical means in electronic form, applied when carrying out remote, electronic vote.

2. The terms and concepts used in this constitutional Law are applied in the same value, as in the laws of the Kyrgyz Republic establishing procedure for preparation and elections of the President of the Kyrgyz Republic (further - the President), deputies of Jogorku Kenesh of the Kyrgyz Republic (further - the deputy of Jogorku Kenesh), and also single system of the electoral commissions of the Kyrgyz Republic.

Article 3. Principles of holding referendum

1. The referendum is held on the basis of the following principles:

1) participation in referendum is free;

2) vote is voluntary and secret and is performed on the basis of general, equal and direct suffrage;

3) each participant of referendum has one voice.

2. When holding referendum publicity and participation of the public are provided, including in case of counting of votes.

3. In referendum have the right to participate the citizens of the Kyrgyz Republic who reached 18 years.

4. Nobody has the right to make impact on the citizen with the purpose to force it to participation or nonparticipation in referendum. Control over declaration of will of the citizen is strictly forbidden. During the referendum nobody can be forced to expression of the opinions and beliefs or refusal of them.

5. The citizens of the Kyrgyz Republic living or being outside the Kyrgyz Republic have the participation right in referendum according to this constitutional Law.

The participation right in referendum of the citizens of the Kyrgyz Republic living or being beyond its limits during referendum is provided with authorized state body in the field of foreign affairs of the Kyrgyz Republic through foreign institutions of the Kyrgyz Republic.

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