of October 23, 2007 No. 159
About referendum of the Kyrgyz Republic
Accepted by Jogorku Kenesh of the Kyrgyz Republic on September 18, 2007
1. Referendum of the Kyrgyz Republic (further - referendum) national vote of citizens of the Kyrgyz Republic (further participants of referendum) on the most important questions of the state value established by this constitutional Law.
2. The referendum of the Kyrgyz Republic along with free elections is direct expression of the power of the people. The referendum of the Kyrgyz Republic is held in all territory of the Kyrgyz Republic.
1. In this constitutional Law the following concepts and terms are used:
propaganda concerning referendum - the activities performed during campaign of referendum and aiming to induce participants of referendum to hold referendum or to refuse its carrying out, to vote or refuse vote on referendum, to support or reject the question submitted for referendum;
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;
group against referendum - group of participants of referendum for propaganda against participation in referendum, against the questions submitted for referendum, and registered by the Central commission on elections and holding referenda of the Kyrgyz Republic (further - the Central commission of referendum) according to the procedure, established by this constitutional Law;
the identity document of the participant of referendum, the passport or the document replacing it. Treat the documents replacing the passport: certificate of the officer; military ID of the serviceman of conscription service; the reference of the established sample issued by law-enforcement bodies;
initiative group - the group of participants of referendum which is carrying out referendum collecting signatures in support;
the commissions of referendum - the collegiate organs organizing and providing preparation and holding referendum of the Kyrgyz Republic;
the participation right in referendum - constitutional right of citizens of the Kyrgyz Republic to participate in referendum, including to vote on the questions submitted for referendum;
the participant of referendum - the citizen of the Kyrgyz Republic having the participation right in referendum.
2. The terms and concepts used in this constitutional Law are applied in the same value, as in the legislation of the Kyrgyz Republic on elections.
1. The referendum is held on the basis of the following principles:
participation in referendum is free;
vote is voluntary and secret and is performed on the basis of general, equal and direct suffrage;
citizens of the Kyrgyz Republic participate in vote personally in the place of the accommodation;
each participant of referendum has one voice.
2. When holding referendum are provided publicity, including in case of counting of votes, participation of the public.
3. In referendum have the right to participate the citizens of the Kyrgyz Republic who reached age of majority.
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 citizen of the Kyrgyz Republic recognized by court incapacitated or containing in places of detention according to the court verdict has no right to participate in referendum.
2. Provisions of this constitutional Law can be changed or added precisely by adoption of the constitutional law.
1. By preparation and holding referendum the state and official languages are used.
2. Texts of the questions submitted for referendum, voting bulletins, protocols and the data on results of referendum made on referendum of the Kyrgyz Republic the decisions, documents of public authorities, commissions of referendum concerning holding referendum are constituted published) in the state and official languages.
1. Preparation and holding referendum are performed openly and publicly. The state provides informing citizens of the Kyrgyz Republic on procedure and terms of preparation and holding referendum, on results of vote and on results of referendum.
2. Regulatory legal acts of public authorities and local government bodies, the decisions of the Central commission of referendum concerning preparation and holding referendum, providing the participation right in referendum are officially published or brought to the general attention in other way according to the procedure of and the terms provided by this constitutional Law.
3. The state guarantees to citizens of the Kyrgyz Republic, political parties and other public associations, initiative groups, propaganda groups against referendum freedom of carrying out propaganda concerning referendum according to this constitutional Law.
1. Changes and amendments in the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic and other important issues of the state value can be submitted for referendum.
2. The question of referendum shall be formulated so that the possibility of its multiple interpretation was excluded and it was possible to give only definite answer.
Questions cannot be submitted for referendum:
1) war and peace;
2) early termination or prolongation of term of office of the President of the Kyrgyz Republic;
3) introductions, changes and cancellations of taxes and fees, and also release from their payment;
4) on rates;
5) acceptances and changes of the republican budget;
6) connected with election, appointment and release of officials of representative and executive bodies of the government;
7) amnesties and pardons.
1. The referendum is not held in the conditions of the military or state of emergency imposed in all territory of the Kyrgyz Republic or in certain areas.
2. The repeated referendum with same on content or in sense the formulation of question is not held within year after official publication (promulgation) of results of the previous referendum.
1. The initiative of holding referendum belongs:
1) to the President of the Kyrgyz Republic;
2) to at least than 300 thousand voters;
3) to the majority from total number of deputies of Jogorku Kenesh of the Kyrgyz Republic.
2. During the period between announcement of referendum and official publication (promulgation) of its results the subjects mentioned in Item 1 of this Article cannot take the initiative about holding new referendum.
1. Each citizen or group of citizens of the Kyrgyz Republic having the participation right in referendum can form initiative group in number of at least 50 people for initiative collecting signatures in support about holding referendum.
2. The initiative group addresses to the Central commission of referendum with the petition for registration of initiative group. In the petition of initiative group are specified:
1) the formulation of the question (questions) offered (offered) by initiative group for removal at referendum;
2) surname, name, middle name, birth date, the residence, series and passport number or the document of members of initiative group replacing it, and also persons, representatives to act on behalf of initiative group.
3. The protocol of meeting of initiative group on which the decision on promotion of initiative of holding referendum, signed by all participants of the meeting was made shall be attached to the petition.
4. The central commission of referendum, having established compliance of the petition of initiative group and the documents attached to it to requirements of this constitutional Law, within 10 calendar days from the date of receipt of the petition makes the decision on registration of initiative group and grants it the registration certificate. In case of refusal in registration the motivated resolution of the Central commission of referendum is issued to initiative group. The refusal in registration can be appealed in court. Violation by initiative group of provisions of the Constitution of the Kyrgyz Republic and this constitutional Law can be the basis for refusal in registration of initiative group.
5. The registration certificate granted to initiative group in the form approved by the Central commission of referendum is valid within 3 months.
6. In leaf for petition of citizens in support of initiative about holding referendum (subscription list) are specified:
1) the name of area, the cities of Bishkek, Osh, foreign state where petition of citizens of the Kyrgyz Republic is carried out;
2) the formulation of the question (questions) offered (offered) for removal at referendum;
3) surname, name, middle name, birth date, the residential address, series and passport number or the document of the citizen having the participation right in referendum, its signature and date of the signature replacing it.
7. Subscription lists are made in the form approved by the Central commission of referendum.
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