THE CODE ABOUT ELECTIONS IN THE KYRGYZ REPUBLIC

of May 29, 1999 No. 39

List of amending documents

The power in the Kyrgyz Republic is performed on the basis of free declaration of will of the people expressed by means of regularly held democratic elections according to the principles general equal and direct suffrage in case of secret vote.

The state provides guarantees of the voting rights of citizens, the rights to choose and be elected to state bodies and local government bodies.

I. GENERAL PART

Chapter I General provisions. The voting rights of citizens

Article 1. The relations regulated by this Code

This Code determines the voting rights of citizens of the Kyrgyz Republic and their guarantee, governs the relations connected with preparation and elections of the President, deputies of Jogorku Kenesh, deputies of local keneshes.

Article 2. Principles of participation of citizens in elections

1. Elections in the Kyrgyz Republic are held on the basis of general equal and direct suffrage in case of secret vote.

Elections in the Kyrgyz Republic are based on free and voluntary implementation by citizens of the republic of the voting rights. Nobody has the right to make impact on citizens for the purpose of coercion them to participation or nonparticipation in elections, and also on free declaration of will.

2. The citizens of the Kyrgyz Republic living or being outside its territory have the voting rights according to this Code. Diplomatic and consular establishments of the Kyrgyz Republic shall render assistance to citizens of the Kyrgyz Republic in realization of the voting rights established by this Code.

3. In case of elections in the Kyrgyz Republic, on an equal basis with men, equal opportunities of realization of the right to choose and be elected to state bodies and local government bodies are provided to women.

Article 3. Universal adult suffrage

1. The citizens of the Kyrgyz Republic who reached 18 years have the right to choose, and on reaching the age established by the Constitution and this Code - to be elected to public authorities and local government bodies.

2. Citizens of the Kyrgyz Republic can choose, be elected irrespective of origin, floor, race, nationality, official and property status, religion, political and religious beliefs.

3. Have no right to choose, be elected the citizens recognized by court incapacitated or containing in places of detention.

4. Have no right to be elected to public authorities and local government bodies of person whose criminal record is not removed or is not extinguished in the procedure established by the law.

Article 4. Equal suffrage

Citizens of the Kyrgyz Republic participate in elections in the Kyrgyz Republic on an equal basis.

Article 5. Direct suffrage

Citizens of the Kyrgyz Republic elect the representatives in public authorities and local self-government is direct.

Article 6. Secret vote

Vote on elections in the Kyrgyz Republic is the secret, excluding possibility of any control of declaration of will of citizens.

Article 7. Obligation and frequency of elections

1. The term of office of public authorities and local self-government is established by the Constitution and the laws of the Kyrgyz Republic.

2. Elections of public authorities and local government bodies in the Kyrgyz Republic are obligatory and are carried out periodically to the terms established by the Constitution of the Kyrgyz Republic, this Code, the laws of the Kyrgyz Republic.

3. Elections are not held during the emergency or martial law imposed in the territory of the Kyrgyz Republic or its part.

Article 8. The main terms used in this Code

In this Code the following terms are used:

propaganda materials - the printed, audiovisual and other materials containing signs of election propaganda and intended for mass distribution, promulgation during the election campaign;

active voting right of citizens - the right of citizens of the Kyrgyz Republic to choose in public authorities and local government bodies;

charity - voluntary activities on disinterested (non-paid or on favorable terms) to transfer to citizens or legal entities of property, including money, performance of works, provision of services;

charitable organization - the non-profit organization created according to the law and which core activity is implementation of charity for the benefit of society in general or separate categories of persons;

close relatives - the spouse (a), parents, children, brothers and sisters;

guarantees of the voting rights of citizens - organizational, legal, information and other means of ensuring of the voting rights of citizens of the Kyrgyz Republic;

government employees are the citizens of the Kyrgyz Republic holding the state positions performing on permanent basis for the monetary reward at the expense of the government budget professional activity on realization of the powers conferred on position and bearing responsibility for their execution;

the identity document of the voter, - the passport of the citizen of the Kyrgyz Republic (ID card) (further - the passport) or the document replacing it. Treat the documents replacing the passport: certificate of the officer of active duty, military ID of the serviceman of conscription service, pension certificate, car driver license;

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 functions in state bodies and local government bodies;

the additional list of voters, - the electoral register constituted by the respective precinct election commissions after receipt of the main electoral register which joins the information about voters based on reasonable written applications of citizens about their non-inclusion in the main electoral register and in case of presentation of the passport with registration mark (registration) about accommodation in the territory of this polling precinct or availability of the data untrue in the main electoral register and also the absentee ballot;

the single constituency - the constituency including all territory of the Kyrgyz Republic;

voters are the citizens of the Kyrgyz Republic having active voting rights and included in electoral registers;

the selective documents - electoral registers (the main, additional), the list of ahead of schedule voted voters, bulletins - valid, invalid, unused (extinguished), spoiled (filled with mistakes), and also the bulletins issued to voters for early voting and for vote out of the room of the polling precinct, absentee ballots, protocols of the electoral commissions, their decisions concerning elections, registration documents of candidates, summary tables on results of vote, acts of compliance of the data entered into the automatic Shayloo system, lists and schemes of constituencies, sites;

the electoral commissions - the collegiate organs organizing and providing preparation and elections;

the voting rights of citizens - the right of citizens of the Kyrgyz Republic to choose and be elected to public authorities and local government bodies, including to participate in promotion of candidates, election propaganda, observation of elections, work of the electoral commissions, including establishment of results of vote and determination of election results, and also in other selective actions;

the information program - periodically broadcast TV and radio program containing information on the current events and news;

information support of elections - the informing voters and election propaganda promoting conscious declaration of will of citizens, publicity of elections;

informing voters - activities of public authorities, local government bodies, the electoral commissions, mass media, legal entities and physical persons for preparation and distribution of information during the election campaign promoting to induce voters to participation in elections, conscious declaration of will of citizens, publicity of elections, except information containing the description of possible effects of election or not election of the candidate (candidate lists), propaganda for this or that candidate (candidate list) or against them, expression of preference concerning any of candidates (candidate lists), the belittling honor, advantage and goodwill of candidates, political parties, and also information of public authorities and local government bodies on candidates (candidate lists);

the candidate - person pushed in the procedure established by this Code as the applicant for the position replaced by means of elections in public authority or local government body;

the international observer - the person representing the foreign or international organization, acquiring the right to implementation of observation of preparation and elections in the Kyrgyz Republic according to the established law rather;

the place of temporary stay - hotel, sanatorium, rest house, boarding house, tourist base, hospital, other similar organization, and also the premises which are not the permanent residence of the citizen;

the residence - the apartment house, the apartment, office premises, specialized houses (the hostel, special nursing home, the house nursing home for disabled people, veterans and others), and also other premises in which the citizen lives constantly or mainly as the owner, according to the employment contract (subhiring), the lease agreement or on other bases, stipulated by the legislation the Kyrgyz Republic;

the multimandatory constituency - the constituency in which several deputies are elected and for each of them voters vote personally;

the local government officer - the citizen of the Kyrgyz Republic holding municipal position, performing on permanent basis for the monetary reward at the expense of the local budget professional activity on realization of the powers conferred on position and bearing responsibility for their execution;

the observer - person designated by the candidate political party, non-profit organization to observe carrying out vote, counting of votes, establishment of results of vote and determination of election results according to the procedure, provided by this Code;

non-profit organization - the organization created according to the law on non-profit organizations and participating in elections in the limits set by this Code;

public authorities - the bodies created and performing powers of authority according to the Constitution and the legislation of the Kyrgyz Republic;

local government bodies - the elected collegiate organs consisting of the deputies of the local kenesh elected by directly local community and given authority on administration of local value;

the main electoral register - the electoral register constituted by the system administrator only based on the written data received from registration authorities (accounting) of citizens which is signed and provided in the relevant electoral commissions by heads of local government, heads of local public administrations, mayors of the cities, commanders of military units in the terms established by this Code;

passive voting right of citizens - the right of citizens of the Kyrgyz Republic to be chosen in public authorities and local government bodies;

the permanent place of residence - the residence of the citizen in the territory of the Kyrgyz Republic in the presence of registration mark of bodies of registration accounting in the identity document;

law enforcement agencies - law-enforcement bodies, homeland security, financial police, prosecutor's office, customs inspection, justice, and also drugs monitoring bodies;

election propaganda - the activities of citizens of the Kyrgyz Republic, candidates, authorized representatives and authorized representatives of candidates, political parties on preparation and distribution of information during the election campaign aiming to induce or inducing voters to vote for these or those candidates (candidate lists) or against them;

the candidate's representative - the member of the electoral commission with the right of advisory vote, the authorized representative, the authorized representative, the observer representing the registered candidate;

the representative of political party - the member of the electoral commission with the right of advisory vote, the authorized representative, the authorized representative, the observer representing the political party which pushed the candidate list;

the preferential place of residence - the residence of the citizen who is outside the Kyrgyz Republic, connected with its productive, scientific, office and other activity;

the system administrator - the specialist providing operation of complex of the automated information system "Shayloo" in the relevant electoral commission;

the electoral register, voted ahead of schedule - the electoral register constituted by the relevant district electoral commissions in 9-1 day prior to ballot day which joins the information about the voters who voted ahead of schedule based on the reasonable written application and presentation of the relevant documents established by this Code;

the candidate list - the single candidate list registered by the electoral commission, pushed by political party on elections on pro rata system.

Chapter II the Electoral commissions

Article 9. System of the electoral commissions

1. The electoral commissions will organize preparation and elections in the Kyrgyz Republic, provide realization and protection of the voting rights of citizens of the Kyrgyz Republic.

2. The single system of the electoral commissions of the Kyrgyz Republic is formed:

1) the Central commission on elections and holding referenda of the Kyrgyz Republic (further - Central Election Commission);

2) regional, Bishkek, Osh city commissions at elections and holding referenda (further - regional, Bishkek, Osh City Elections Commissions);

3) district electoral commissions;

4) district, City Elections Commissions;

5) precinct election commissions.

3. The legal status of the electoral commissions is established by the Constitution of the Kyrgyz Republic, the Law "About Central Election Commission" , this Code and the legislation on elections.

4. By preparation and elections the electoral commissions within the competence are independent of public authorities and local government bodies. Intervention in activities of the electoral commissions by preparation and elections from state bodies, local government bodies, non-profit organizations, political parties, other legal entities, their officials, and also certain citizens is not allowed.

5. Decisions and acts of the electoral commissions adopted within their competence are obligatory for public authorities, public institutions, local government bodies, non-profit organizations, other legal entities, their officials, candidates, political parties, voters, and also subordinate electoral commissions.

6. The decision of the electoral commission contradicting the Constitution of the Kyrgyz Republic, this Code, the legislation of the Kyrgyz Republic or accepted with exceeding of the established powers is subject to cancellation by higher electoral commission or court.

7. Public authorities, local government bodies, the public and local government offices and the companies, and also their officials shall render the electoral commissions assistance in realization of their powers, in particular provide necessary rooms, transport, means of communication, technical equipment, data and materials, to give answers to appeals of the electoral commissions connected with preparation and elections within two calendar days during preparation of elections, and in ballot day or in the day following ballot day - immediately.

8. The electoral commissions can address political parties, non-profit organizations, other legal entities, mass media, and also their officials with request for provision of the necessary data and materials connected with preparation and elections in the terms established by this Code, the legislation of the Kyrgyz Republic.

Article 10. Powers of Central Election Commission

1. Central Election Commission:

1) exercises in the territory of the Kyrgyz Republic control of observance of the voting rights of citizens, of execution of provisions of the Constitution of the Kyrgyz Republic, of this Code, the legislation of the Kyrgyz Republic, provides their uniform application;

2) will organize preparation and elections, directs activities of the electoral commissions;

3) within the powers issues resolutions, instructions, provisions, other acts which are following and not contradicting this Code, the legislation of the Kyrgyz Republic and controls their execution;

4) renders to subordinate electoral commissions legal, methodical, organizational technical assistance;

5) is effective as district electoral commission on presidential elections;

6) is effective as district electoral commission at elections of deputies of Jogorku Kenesh;

7) creates regional, Bishkek, Osh City Elections Commissions and publishes their structures in mass media;

8) distributes the money allocated from the republican budget for financial provision of preparation and elections, activities of the electoral commissions and implementation of their powers including payment for use of rooms, transport, communication, other expenses by them, considers other questions of material logistics of elections;

9) is created by special fund and uses the means which arrived in fund for elections, development of the electoral system, on ensuring activities of the electoral commissions;

10) is determined by accounting treatment for receipt and expenditure of the budgetary funds allocated for preparation and elections and means of the election funds of candidates, political parties, special fund, exercises control of target use of these means;

11) establishes forms of the financial reporting of the electoral commissions of receipt and expenditure of the funds allocated for preparation and elections, the financial reporting of candidates, political parties, special fund;

12) establishes forms, procedure for production and approves the text of ballots on presidential elections and deputies of Jogorku Kenesh; establishes forms and procedure for production of ballots at elections of deputies of local keneshes;

13) establishes forms of protocols of meetings of the electoral commissions, subscription lists in support of candidates, other selective documents; samples of boxes for vote which shall be made of transparent material; form of polling booths; terms and procedure for storage of the selective documents; approves samples of seals of the electoral commissions, provides their production. Seals of the electoral commissions of different levels differ from each other on content of text and digital number. At the same time number of seal of the precinct election commission matches with number of the respective polling precinct;

14) production of ballots on presidential elections provides, deputies of Jogorku Kenesh, other selective documents;

15) hears messages of the ministries and other public authorities, local government bodies of the questions connected with preparation and elections;

16) is established by procedure for participation in elections of observers, the international observers, representatives of foreign and local mass media, provides them with the relevant documents;

17) publishes instructions or other regulations about procedure for provision to candidates, political parties of broadcasting time on channels of the TV radio organizations, the printing area in periodic printing editions;

18) together with public authorities and local government bodies, the electoral commissions will organize the state system of registration (accounting) of voters;

19) registers candidates for President;

20) registers candidate lists of political parties at elections of deputies of Jogorku Kenesh;

21) registers authorized representatives, authorized representatives of candidates for President;

22) registers authorized representatives, authorized representatives of political parties at elections of deputies of Jogorku Kenesh;

Issues 23) to the registered candidates for President, their authorized representatives, authorized representatives of the certificate of the established sample;

Issues 24) to candidates of Jogorku Kenesh, authorized representatives and authorized representatives of political parties of the certificate of the established sample;

25) informs voters on the course of election campaign;

26) based on protocols of subordinate electoral commissions determines election results of the President and directs them for making the conclusion about constitutionality of elections to the Constitutional court of the Kyrgyz Republic, and also publishes them in mass media;

27) registers the elected President and hands the certificate, the breastplate and the Standard (Flag) of the President of the Kyrgyz Republic of the established sample;

28) based on protocols of the electoral commissions determines election results of deputies of Jogorku Kenesh;

29) registers the elected deputies of Jogorku Kenesh and hands them the certificate, the breastplate of the established sample;

30) can recognize results of vote or election results invalid in cases and the procedure established by this Code;

31) is appointed by revoting, repeated vote and charges to district electoral commission their carrying out in the constituency, at the same time can indicate in the decision the need elections by precinct election commissions in new structure, in the cases and procedure established by this Code;

Appoints 32) and will organize carrying out repeated elections, in the cases and procedure established by this Code;

33) considers applications and claims to decisions and actions of the electoral commissions, passes on them decisions;

34) provides implementation of the target programs connected with preparation and elections, development of the electoral system in the Kyrgyz Republic, legal training of voters, professional training of members of the electoral commissions and other participants of the electoral process;

35) establishes terms, procedure for storage and transfer to archive of the documents connected with preparation and elections.

2. The Central Election Commission performs other powers according to this Code and the legislation of the Kyrgyz Republic.

Article 11. Status of the electoral commissions and procedure for their forming

1. Regional, Bishkek, Osh City Elections Commissions are created by Central Election Commission as a part of 11 members with the right of casting vote. The structure and the address of regional, Bishkek, Osh City Elections Commissions are published by Central Election Commission in mass media no later than 5 calendar days from the date of their forming. Term of office of regional, Bishkek, Osh City Elections Commissions five years. Powers of regional, Bishkek, Osh City Elections Commissions stop from the moment of forming of new structure of the commissions.

Chairmen of regional, Bishkek, Osh City Elections Commissions are officials and are appointed Central Election Commission to five years.

Members of regional, Bishkek, Osh City Elections Commissions work with the right of casting vote without separation from the main work - on a voluntary basis.

2. District, City Elections Commissions are created regional, Bishkek city by the electoral commissions as a part of the chairman, the secretary and at least 5 members no later than 10 calendar days after calling of an election. The structure and the address district, City Elections Commissions are published regional, Bishkek city by the electoral commissions in mass media no later than 3 calendar days after forming.

Members district, City Elections Commissions work with the right of casting vote without separation from the main work - on a voluntary basis.

District, the City Elections Commissions performing functions of district electoral commissions stop the powers after 10 calendar days from the date of official publication of election results.

3. Precinct election commissions are created by higher electoral commissions as a part of at least 7 members of the commission with the right of casting vote in 30 calendar days prior to the election day. The numerical structure of precinct election commissions is established by the relevant electoral commissions creating them.

The structure and the address of precinct election commissions no later than 2 calendar days after their forming goes the relevant electoral commissions to mass media which publish them in the next release.

Heads of the public and local government offices cannot be elected chairmen and secretaries of precinct election commissions.

Members of precinct election commissions with the right of casting vote for preparation and elections are temporarily exempted from fulfillment of duties on the main work.

4. District, district, city and precinct election commissions from the structure elect the chairman and the secretary of the commission.

The first meeting of the electoral commission opens and the senior on age the member of the electoral commission with the right of casting vote will see off.

5. Forming of the electoral commissions is performed by higher electoral commissions according to the offer of political parties, election meetings.

Higher electoral commission approves members of the commission from among the presented candidacies. If the number of representatives from political parties, election meetings will appear more than the determined number of members of the commission with the right of casting vote, the issue is resolved by draw according to the procedure, established by Central Election Commission.

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