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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of December 28, 1995

On election results of the President of the Kyrgyz Republic on December 24, 1995

Constitutional court of the Kyrgyz Republic in structure: chairman Bayekova Ch. T., Dryzhak P. N. judges, Kenensariyeva Ampere-second., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh., Esenaliyeva K. E.,

with participation of the court session secretary Turdaliyev K. A., the translator Samayeva P. O., the Chairman of Central Election Commission at elections and holding referenda of the Kyrgyz Republic Abylova Mambetzhunusa, the member of the commission Sydykova Leyla Chinturganovna acting by proxy with No. 149 of December 28, 1995, authorized representatives of the candidate for president of the Kyrgyz Republic Askar Akayevavasilyev Lev Alekseevich and Grinko Victor Mikhaylovich.

Having heard the report of the judge Kenensariyev A. S., explanations of representatives of the Central commission on elections and holding referenda, authorized representatives of the candidate for president of the Kyrgyz Republic Askar Akayev,

Constitutional court of the Kyrgyz Republic

ESTABLISHED:

On December 27, 1995 in the Constitutional court of the Kyrgyz Republic the Resolution of the Central commission on elections and holding referenda of the Kyrgyz Republic "About results of election of the president of the Kyrgyz Republic on December 24, 1995" arrived. The central commission summed up the results of the election of the president of the Kyrgyz Republic which took place on December 24, 1995 according to the Law "About Election of the President of the Kyrgyz Republic".

Based on article 16 of the Law of the Kyrgyz Republic "About election of the president of the Kyrgyz Republic" and protocols of district electoral commissions, the Central commission on elections and holding referenda established:

1. Total number of the citizens of the Kyrgyz Republic included in the electoral lists - 2254348.

2. Number of the voters who took part in vote - 1943077. for against Akayev Askar 1391114 508046 Masaliyev Absamat 474547 1424613 Sherimkulov Medetkan 33499 1865661

5. The number of bulletins and decisions of the voters given against all candidates for president - 21063.

6. Number of bulletins and decisions of the voters recognized as invalid - 22854.

7. Based on article 16 of the Law of the Kyrgyz Republic "About election of the president of the Kyrgyz Republic" the Central commission on elections and holding referenda of the Kyrgyz Republic solved:

1. Consider Akayev Askar the elected President of the Kyrgyz Republic.

2. According to article 45 of the Constitution of the Kyrgyz Republic to transfer this Resolution to the Constitutional court of the Kyrgyz Republic for confirmation of election result of the President of the Kyrgyz Republic.

In the Kyrgyz Republic the post of the President is founded by the Law of the Kyrgyz SSR of October 24, 1990 "About organization of post of the President of the Kyrgyz SSR and modification and amendments in the Constitution (Fundamental law) of the Kyrgyz SSR" and, on alternative basis on October 27, 1990 Askar Akayev was elected the President of the Kyrgyz SSR the Supreme Council of the Kyrgyz SSR. From the date of organization of post of the President of the Kyrgyz Republic till today, at different stages of the constitutional development and adoption of the relevant laws the separate elements of the procedure of elections of the head of state and set of its powers established by the specified Law underwent changes, but there was invariable five-year term for which the President of the republic is elected. The fact that Askar Akayev was for the first time elected the President of the country on October 27, 1990 is indisputable and from this point started fulfillment of duties of the Head of state. Therefore, the current of term of office of the first President of the Kyrgyz Republic Askar Akayev is estimated from the date of its actual introduction in this position, namely since October 27, 1990.

Jogorku Kenesh of the Kyrgyz Republic, having rejected the offer of initiative groups of voters on holding referendum for the purpose of prolongation of powers of the President of the Kyrgyz Republic Askar Akayev till October, 2001, legally, being guided by Item 9 of article 58 of the Constitution of the Kyrgyz Republic and according to the Law of the Kyrgyz Republic "About election of the president of the Kyrgyz Republic", appointed election of the president of the Kyrgyz Republic to December 24, 1995. Thereby created real legal opportunity for expression of will more than a half of the voters of the republic applying for prolongation of powers of the President of the Kyrgyz Republic through referendum.

The central commission on elections and holding referenda based on the resolutions on registration of the candidate for president of the Kyrgyz Republic of October 30, 1995 behind number 10, of December 1, 1995 behind number 25 and of November 30, 1995 behind number 24 in the bulletin on election of the president of the Kyrgyz Republic on December 24, 1995 entered in the candidate list in Presidents of the Kyrgyz Republic:

Akayev Askar, Masaliyev Absamat, Sherimkulov Medetkan.

By results of the held elections the Central commission on elections and holding referenda of the Kyrgyz Republic summed up on December 27, 1995 the results of election of the president of the Kyrgyz Republic on December 24, 1995 and based on article 16 of the Law of the Kyrgyz Republic "About election of the president of the Kyrgyz Republic" solved:

consider Akayev Askar the elected President of the Kyrgyz Republic.

By the materials attached to the decision of the Central commission on elections and holding referenda of the Kyrgyz Republic and explanations of the Commission chairman Abylov M. it is determined that the Central commission on elections and holding referenda during preparation and during elections was effective in strict accordance with requirements of the Constitution of the Kyrgyz Republic, the Laws "About the Central Commission on Elections and Holding Referenda" of December 18, 1993 No. 1339-XII, "About election of the president of the Kyrgyz Republic" of August 31, 1991. All statements and claims which arrived to the Central commission during the pre-election period received timely consideration. In the election day on December 24, 1995 at the polling precincts on all republic, in addition to authorized representatives and observers of candidates for president of the Kyrgyz Republic, there were more than 60 international observers. According to the notes arriving from them adequate measures on places were taken. The claim to availability of violations in the course of elections to the address of the Central commission on elections and holding referenda did not arrive. The candidates for president of the Kyrgyz Republic Masaliyev A. and Sherimkulov M. who were present at meeting of the Central commission at summing up elections on December 27, 1995 tried to call in question election results, allowing possibility of forgery in conclusions of the district commissions which were summing up the vote results on districts, but from the proposal of members of the Central commission on elections and holding referenda officially they refused to check their arguments about possible forgeries through bodies of prosecutor's office. Other claims on elections to the Central commission on elections and holding referenda did not arrive.

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