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CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of August 8, 2019 No. 116

About introduction of amendments to the constitutional laws of the Kyrgyz Republic "About election of the president of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic", "About referendum of the Kyrgyz Republic"

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 27, 2019

Article 1.

Bring in the constitutional Law of the Kyrgyz Republic "About election of the president of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic" (Sheets of Jogorku Kenesh of the Kyrgyz Republic, 2011, No. 7, the Art. 971) the following changes:

1) in Article 1:

a) add Article with the paragraph the sixth the following content:

"the state portal - the website of state body containing information on electoral registers in the electronic format by the polling precincts, areas, the cities 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), on participation of citizens in elections and referenda, and also giving to voters opportunity for refining and change of the data in case of observance of the requirements for identification and authentication established by the legislation;";

b) add Article with the paragraph the eighth the following content:

"the registered candidate - person conforming to the requirements established by the Constitution of the Kyrgyz Republic (further - the Constitution), this constitutional Law and registered by Central Election Commission at elections and holding referenda (further - Central Election Commission) as the candidate for the position of the President, deputy of Jogorku Kenesh replaced by means of elections;";

c) add Article with the paragraph the ninth the following content:

"voters with limited opportunities of health are the citizens 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 under general conditions;";

d) add Article with paragraphs the fourteenth and fifteenth the following content:

"informing voters - activities for preparation and distribution of information during the election campaign on the course of the election campaign and activities of the electoral commissions, the polling precincts, procedure for forming and change of the electoral register, procedure for participation in vote, voting procedure, procedure for establishment of results of vote and determination of election results; activities of the electoral commissions and mass media for preparation and distribution of official information on the candidate (candidates) and the political party (political parties) and their programs which is not creating preferences to any candidate (candidates), political party (political parties) and not containing signs of election propaganda for this or that candidate, political party or against them;

information material - the printed, audiovisual and other materials containing information on the course of the election campaign and activities of the electoral commissions, the polling precincts, procedure for forming and change of the electoral register, procedure for participation in vote, voting procedure, procedure for establishment of results of vote and determination of election results; the official information of the electoral commissions and mass media on the candidate (candidates) and political party (political parties) and their programs which is not creating preferences to any candidate (candidates), political party (political parties) and not containing signs of election propaganda for this or that candidate, political party or against them;";

e) add Article with the paragraph the sixteenth the following content:

"the control list of voters - the electoral register containing the staticized information on the voters and changes made based on statements of the voters who arrived during refining of the electoral register in 35 calendar days prior to ballot day, published on the state portal and which is hung out on the polling precincts in 30 calendar days prior to ballot day;";

e) add Article with the paragraph the eighteenth the following content:

"the equipment on identification - the device intended for identification of voters by means of identification of the voter on its biometric and personal data;";

g) add Article with the paragraph the nineteenth the following content:

"the final electoral register - the amended list of voters to which all changes based on statements of voters during refining of the electoral register are made, published on the state portal and hung out on the polling precincts in 7 calendar days prior to ballot day;";

h) in the paragraph the twenty first words", and also drugs monitoring bodies" to exclude;

i) add Article with the paragraph the twenty second the following content:

"the preliminary electoral register - the electoral register on condition 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;";

j) add Article with paragraphs the twenty fourth - the twenty sixth the following content:

"the religious figure - person performing religious activities according to the legislation on religious liberty and the religious organizations in the Kyrgyz Republic;

criminal record of the candidate - data on the criminal records which ever were available, available with indication of number (numbers) and the name (names) of Article (Articles) of the Criminal code of the Kyrgyz Republic based on which, (whom) the candidate was condemned, article (Articles) of the law of foreign state if the candidate was condemned according to the specified legal acts for the acts recognized by crime the existing Criminal code of the Kyrgyz Republic or about lack of criminal record;

the priest - person authorized by the relevant religious organization (consolidation) on dukhovnichesky, imamsky, vicarial, preaching ministry;";

k) the paragraph the twenty fourth after the words "ballot day" to add with the words "created on the basis of the Unified state register of the population";

l) to state the paragraph of the twenty seventh in the following edition:

"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 on servicing automatically the reading-out ballot box on the polling precinct in ballot day;";

m) to state the paragraph of the thirty second in the following edition:

"failure - temporary loss of working capacity automatically the reading-out ballot box, the equipment of identification of the voter;";

The paragraph third to state 2) to part 2 of Article 2 in the following edition:

"The citizens of the Kyrgyz Republic living or being beyond its limits vote on the polling precincts formed according to the offer of the body knowing questions of foreign affairs in coordination with relevant organs of the country of accreditation, as a rule, in the territory of diplomatic representations, consular establishments of the Kyrgyz Republic, representative offices of state bodies of the Kyrgyz Republic abroad.";

3) in Article 3:

a) regarding 1 word "The constitution of the Kyrgyz Republic (further - the Constitution)" to replace with the word "Constitution";

b) add part 3 with the words "according to the court verdict which took legal effect";

c) regarding 4 words "it is not removed or" to exclude;

Article 6 to add 4) with the paragraph the second the following content:

"Violation of mystery of vote involves responsibility, stipulated by the legislation the Kyrgyz Republic.";

5) in Article 9:

a) in paragraph one of part of 1 word "non-profit organization" to exclude;

b) in the offer third shall be replaced with words parts 2 of the word "really in case of" "it is considered valid in the presence of the signature of the candidate or seal of political party and";

c) in the paragraph the second shall be replaced with words parts 3 of the word "official of state body and local government body" "the candidate of Jogorku Kenesh, the local kenesh, person, replacement political, special state positions and political municipal positions, the government civil and local government officer";

d) to state Item 17 of part 4 in the following edition:

"Personally to perform 17) photo, video filming, audio recording, without breaking the mystery of vote of voters, without disturbing voting process, summing up vote.";

6) in Article 10-1:

a) add part 2 with the paragraph the second the following content:

"The non-profit organization, intended to perform observation of elections, sends the notification to Central Election Commission, territorial election commission with application of a copy of the certificate on state registration of non-profit organization. The Central Election Commission, territorial election commission send the list of the non-profit organizations which declared intention to perform civil monitoring of elections to precinct election commissions.";

b) state part 3 in the following edition:

"3. Public observers are registered the relevant electoral commission by provision of the documents specified in part 2 of this Article by them. Conditions and order of registration, the document form about registration of public observers at the electoral commissions are established by Central Election Commission.

The non-profit organization can register no more than three public observers in each electoral commission. At the same time on one polling precinct at the same time there can be only one public observer from one non-profit organization.";

c) regarding 4 words "official of state body and local government body" shall be replaced with words "the candidate of Jogorku Kenesh, the local kenesh, person, replacement political, special state positions and political municipal positions, the government civil and local government officer";

d) in part 5 to replace the word "accreditations" with the word "registration";

e) in part 6:

state Item 15 in the following edition:

"Personally to perform 15) photo, video filming, audio recording, without breaking the mystery of vote of voters, without disturbing voting process and summing up vote;";

add part with Item 16 of the following content:

"16) it is free to move and be present at the polling precincts in which they are registered, with observance of the requirements specified in part 3 of this Article.";

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