Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of July 2, 2011 No. 68

About election of the president of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 30, 2011

(as amended on 11-11-2020)

This constitutional Law determines the voting rights of citizens of the Kyrgyz Republic and their guarantee, governs the relations connected with preparation and elections of the President of the Kyrgyz Republic (further - the President), deputies of Jogorku Kenesh of the Kyrgyz Republic (further - deputies of Jogorku Kenesh).

Chapter 1. General provisions. The voting rights of citizens

Article 1. The main terms used in this constitutional Law

In this constitutional Law 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;

close relatives - the spouse (a), parents, children, adoptive parents adopted full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

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;

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;

the identity document of the voter - all types of national passports of the citizen of the Kyrgyz Republic established by the legislation;

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;

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;

voters are the citizens of the Kyrgyz Republic having active voting rights;

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, consequences 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;

the selective documents - electoral registers, bulletins valid, invalid, unused (extinguished), spoiled (filled with mistakes), and also checks about identification passing, primary and closing statements on identifications, zero and closing statements automatically the reading-out ballot box, protocols of the electoral commissions, their decisions concerning elections, registration documents of candidates, political parties, summary tables on results of vote;

the electoral commissions - the collegiate organs organizing the preparation and elections in the Kyrgyz Republic providing realization and protection of the voting rights of citizens of the Kyrgyz Republic;

the electoral laws - set of the regulatory legal acts regulating procedure for elections in the Kyrgyz Republic;

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;

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

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;

the selective address - the voter's address which is not its permanent residence, but on which he showed willingness to vote declared in the procedure established by this constitutional Law;

the candidate - person pushed in the procedure established by this constitutional Law as the applicant for the President's position replaced by means of elections in deputies of Jogorku Kenesh;

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;

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 legislation rather;

the observer - person designated by the candidate the political party which pushed the candidate list to observe preparation of elections, carrying out vote, counting of votes, establishment of results of vote and determination of election results according to the procedure, stipulated by the legislation;

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

the public observer - person designated by non-profit organization of the Kyrgyz Republic (further - non-profit organization) to observe preparation of elections, carrying out vote, counting of votes, establishment of results of vote and determination of election results according to the procedure, stipulated by the legislation;

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;

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 residence - the place of residence of the citizen in the territory of the Kyrgyz Republic confirmed with registration mark of bodies of registration accounting in the relevant document;

law enforcement agencies - law-enforcement bodies, homeland security, financial police, prosecutor's office, Customs Service;

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;

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 list) or against them;

the representative of the candidate, political party - the representative in the electoral commissions, the authorized representative, the authorized representative, the observer representing candidates, the political party which pushed the candidate list;

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;

the electoral register - the list of the citizens of the Kyrgyz Republic having active voting rights on the ballot day 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;

the candidate list - the single candidate list registered by the electoral commission pushed by political party;

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;

automatically the reading-out ballot box - the device intended for automatic counting of votes;

stationary box - transparent ballot box;

boxes for vote - automatically the reading-out ballot boxes or stationary boxes;

portable ballot-box - the box intended for vote of the voter out of the room;

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

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

Internet editions - the website (the portal, forum), except Internet blogs and personal pages of physical persons on social networks, 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 to it to the Internet of visitors if the number of visits of the Internet edition exceeds 500 unique visitors a day or 1000 unique visitors a month;

the unique visitor or the visitor with the unique IP address - not repeating user having unique characteristics and who came on the Internet edition during certain period. 

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 the Kyrgyz Republic have the voting rights according to this constitutional Law.

The voting rights of the citizens of the Kyrgyz Republic living or being beyond its limits during the election period are provided with the state body knowing questions of foreign affairs through the diplomatic representations and consular establishments.

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. Equal opportunities of realization of the right to choose and be elected to the President's position, the deputy of Jogorku Kenesh are provided to women on an equal basis with men.

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 constitutional Law, to be elected to public authorities and local government bodies.

2. Citizens of the Kyrgyz Republic have the right to choose, be elected irrespective of origin, floor, race, ethnic origin, disability, education, official and property status, religion, political and other convictions.

3. Have no right to choose, be elected the citizens recognized by court incapacitated or containing in places of detention according to the court verdict which took legal effect.

4. Have no right to be elected to the President's position, the deputy of Jogorku Kenesh of person whose criminal record is not extinguished in the procedure established by the law.

5. Citizens exercise the rights to choose and be elected in case of observance of the requirements established by this constitutional 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 to position of the President and in deputies of Jogorku Kenesh directly.

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.

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

Article 7. Obligation and frequency of elections

1. Terms of office of the President and deputies of Jogorku Kenesh are established by the Constitution.

2. Presidential elections and deputies of Jogorku Kenesh are obligatory and are carried out periodically to the terms established by the Constitution.

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

Article 8. Publicity in the electoral process

1. The organization and elections are performed publicly and openly.

2. Members of higher electoral commissions, candidates, representatives of candidates, political parties, and also observers, the international observers, representatives of mass media have the right to be present at meetings of the relevant electoral commission.

3. For observation of the course and results of vote by data transmission of protocols from subordinate electoral commissions to higher electoral commissions the electoral information system is used. The data on the course and results of vote received through the electoral information system are the preliminary information which does not have legal value which procedure for use is determined by Central Election Commission by elections and holding referenda of the Kyrgyz Republic (further - Central Election Commission).

Article 9. Observer

1. The candidate, the political party which pushed the candidate list has the right to appoint the observer who has the right to perform observation of preparation of elections, carrying out vote, counting of votes, establishment of results of vote and determination of election results, according to the procedure, stipulated by the legislation.

The candidate, political party can appoint to each precinct election commission no more than two observers who have the right serially to perform observation of carrying out vote and other selective actions indoors for vote. Simultaneous implementation of powers of the observer in the electoral commission, the room for vote by two and more observers representing the interests of one registered candidate, one political party is not allowed.

2. The observer acquires the rights and the observer's obligations provided by this constitutional Law after receipt in the relevant electoral commission of the direction from the appointed his candidate or the political party which pushed the candidate list. In the direction surname, the name and middle name, the permanent residence of the observer, number of the polling precincts, names of the electoral commissions to which it goes are entered, and also record about lack at it of the restrictions provided by part 3 of this Article is made. The direction is considered valid in the presence of the signature of the candidate or seal of political party and presentation of the passport or the document replacing it. The prior notice of the direction of the observer is not required.

3. The citizen of the Kyrgyz Republic having active voting rights has the right to be the observer.

Has no right to be the observer: deputy of Jogorku Kenesh, local kenesh, candidate of Jogorku Kenesh, local kenesh, person, replacement political, special state positions and political municipal positions, government civil and local government officer, member of the electoral commission; representatives of the candidate, the political party which pushed the candidate list in the electoral commissions; judges, prosecutors, employees of other law enforcement and fiscal agencies, military personnel.

4. The observer has the right:

1) to perform observation of forming of structure of the electoral commission of any level;

2) to perform observation of the course of forming of electoral registers;

3) to perform observation of the course of accounting of voters;

4) to perform observation of information support of elections;

5) to get acquainted with the electoral registers which are in the electoral commission, the register of statements (addresses) for vote out of the room for vote;

6) to be in the room for vote in ballot day at any time;

7) to be present at the vote of voters out of the room for vote;

8) publicly, including through mass media to state the opinion, to make the statement for preparation and elections;

9) it is free to move and be present at any polling precincts and at the electoral commissions;

To watch 10) the procedure for the organization and vote established by this constitutional Law, without breaking the mystery of vote, including behind issue of ballots; calculation of number of the voters entered in the electoral register, the ballots issued to voters, the extinguished ballots; watch counting of votes at distance and in the conditions providing them visibility of contents of ballots; get acquainted with any completed or blank ballot in case of counting of votes; watch creation by the electoral commission of the protocol on results of vote and other selective documents;

11) to address with notes and offers on the organization of vote the chairman of the precinct election commission to which he is sent, and in case of its absence - person replacing it;

12) to get acquainted with the protocol of the electoral commission to which it is sent;

To receive 13) from the electoral commission of the copy of protocols and documents attached to them;

14) to appeal decisions and (or) actions (failure to act) of the electoral commission to which it is sent, according to the procedure, established by this constitutional Law;

15) to be present at repeated counting of votes at the relevant electoral commissions;

16) to carry the breastplates which are not containing signs of election propaganda with designation of the status, surname, name and middle name, the name of the organization which sent the observer to the electoral commission;

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

5. The observer has no right:

To issue 1) to voters ballots;

2) to undersign for the voter at its request for receipt of ballots;

To fill 3) for the voter at its request the ballot;

4) to take actions breaking the mystery of vote;

5) to be directly involved in the calculation of ballots which is carried out by members of the electoral commission;

6) to make the actions interfering work of the electoral commission;

7) to carry on propaganda among voters;

8) to participate in decision making by the relevant electoral commission.

6. Activities of observers are regulated by the electoral laws.

Article 10. International observers

1. The international observers will be accredited by Central Election Commission in the presence of the invitation sent by the President, Jogorku Kenesh, the Government, Central Election Commission after official publication of the decision on calling of an election. Proposals on the direction of invitations can be submitted by the international and national non-profit organizations specializing concerning the electoral laws and elections and also in the field of human rights protection.

Citizens of the Kyrgyz Republic cannot be accredited as the international observers.

2. The term of office of the international observer begins from the date of its accreditation by Central Election Commission and comes to an end in day of official publication of election results.

3. The international observers have the right to move and be present at any polling precincts and the electoral commissions freely.

4. The international observers have the right:

1) publicly to state the opinion on preparation and elections;

2) to hold press conferences and to address representatives of mass media;

To perform 3) photo, video filming, audio recording, without breaking the mystery of vote of voters;

4) to carry the breastplates which are not containing signs of election propaganda with designation of the status, surname, name and middle name, the name of the organization which they represent;

5) to perform observation of forming of structures of the electoral commission of any level;

6) to perform observation of the course of forming of electoral registers;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.