LAW OF THE KYRGYZ REPUBLIC

of July 14, 2011 No. 98

About elections of deputies of local keneshes

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 16, 2011

Chapter 1. General provisions

Article 1. The relations regulated by this Law

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

Article 1-1. Principles of participation of citizens in elections

1. Elections of deputies of local keneshes in the Kyrgyz Republic are held on the basis of 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. Violation of the principles specified in this Article involves responsibility, stipulated by the legislation the Kyrgyz Republic.

Article 2. The concepts applied in this Law

In this Law the following concepts and terms are applied:

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 are the 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 head of executive body of local self-government - the head of executive body of local self-government, the official designated in the procedure established by the legislation;

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: about changes of the selective address (number of the polling precinct), about participation of citizens in elections, 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 - the passport of the citizen of the Kyrgyz Republic;

the identity document of the voter - all types of national passports of the citizen of the Kyrgyz Republic established by the legislation including the national passport, access to which is provided by the citizen of the Kyrgyz Republic in digital format by means of mobile application of system of interdepartmental electronic interaction;

the single constituency - the constituency including all territory of administrative and territorial unit in which according to this Law elections of deputies of the local kenesh on pro rata system are allowed;

the voter - the member of local community having active voting rights and included in electoral registers of the corresponding administrative and territorial unit;

voters with limited opportunities of health are the citizens of the Kyrgyz Republic having active voting rights under general conditions, having the violation of health with permanent disorder of functions of organism caused by the diseases, consequences of injuries or defects leading to the activity restriction expressed in hearing disorder, sight, functions of the musculoskeletal device;

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, protocols of the electoral commissions, their decisions concerning elections, registration documents of candidates, political parties, schemes of sites and 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; official information of the electoral commissions and mass media on the candidate (candidates) and political (political) batch (batches) and their programs, not creating preferences to any candidate (candidates), political (political) to batch (batches) 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; official information of the electoral commissions and mass media on the candidate (candidates) and political (political) batch (batches) and their programs, not creating preferences to any candidate (candidates), political (political) to batch (batches) and not containing signs of election propaganda for this or that candidate, political party or against them;

executive body of local self-government (the city hall, ayyl to okmot) - the local government body providing in the corresponding territory execution of powers according to the solution of questions of local value which powers and the organization of activities are determined by the law;

the candidate - person pushed in the procedure established by this Law as the applicant for the position of the deputy of the local kenesh replaced by means of elections;

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 local kenesh - the representative body of local self-government elected by directly local community corresponding, the cities (the city kenesh), the ayylny aimag (the ayylny kenesh);

local community - the citizens of the Kyrgyz Republic who are constantly living in the territory of the corresponding administrative and territorial unit (the ayylny aimag, the city), united by common interests in the independent decision under the responsibility of questions of local value;

the registered candidate - the person conforming to the requirements established by the Constitution and this Law, registered by the relevant electoral commission as the candidate for the position of the deputy of the local kenesh replaced by means of elections;

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

the observer - person designated by the candidate political party and other non-profit organizations 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 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;

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

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

the permanent place of 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 identity document;

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 representative of the candidate, political party - the representative in the electoral commissions, the authorized representative, the authorized representative representing the registered candidate, political party the proposed candidates, and also 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;

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 preliminary electoral register - the electoral register on condition in 55 calendar days prior to ballot day published on the state portal, which is hung out by precinct election commissions for refining by citizens of the data;

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, and published on the state portal, which is hung out on the polling precincts in 30 calendar days prior to ballot day;

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 3 calendar days prior to ballot day;

criminal record of the candidate - data on lack of criminal record or 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 penal legislation of the Kyrgyz Republic;

the electoral register - the list of the citizens of the Kyrgyz Republic having active voting rights on the ballot day constituted in electronic and paper types;

the candidate list - the single candidate list registered by the electoral commission pushed by political party on elections of deputies of local keneshes on pro rata system;

the member of local community - the citizen of the Kyrgyz Republic who is constantly living in the territory of the respective ayylny aimag, the city and connected with local community common interests in the solution of questions of local value. Membership of the voter in local community is determined by mark about registration of the residence in the passport of the citizen recorded with the passport chip or registration of the residential address in the State register of national passports of citizens of the Kyrgyz Republic (GRNP) made in time at least in 60 days prior to ballot day;

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, the equipment of identification of the voter on the polling precinct in ballot day;

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

thermal printer - the peripheral device of the computer intended for the translation of the text or graphics on the physical carrier from electronic type by small circulations without creation of printing form;

boxes for vote - automatically the reading-out ballot boxes or stationary boxes, and also figurative boxes;

automatically the reading-out ballot box - the device intended for automatic counting of votes, consisting of the optical scanner, the store for ballots with compartment for invalid ballots and cover of the store;

stationary box - transparent ballot box;

portable ballot-box - the box intended for carrying out 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;

body - state body in the sphere of registration of the population of the Kyrgyz Republic;

the check - the physical carrier transformed from electronic type in which information on identification data of the voter small circulations without creation of printing form is reflected;

remote vote - vote on (remote) polling precinct with use of the electronic and (or) paper ballot and the automatic code of data of vote in electronic system;

electronic vote - vote out of the polling precinct with use of the electronic ballot and the automatic code of data of vote in electronic system;

the electronic ballot - the bulletin prepared by program technical means in electronic form, applied when carrying out remote, electronic vote;

the constituency multimandatory (the multimandatory constituency) - the constituency in which several deputies of the ayylny kenesh are elected;

the constituency single (the single constituency) - the constituency including all territory of administrative and territorial unit - the city in which according to this Law elections of deputies of the city kenesh on pro rata system are held.

Article 3. The voting rights of members of local communities

1. The citizens of the Kyrgyz Republic who reached 18 years which are members of local community of the corresponding administrative and territorial unit in which elections are held have the right to elect deputies of local keneshes.

2. Members of local communities elect deputies of the corresponding local keneshes directly.

3. Members of local communities participate in elections of deputies of local keneshes on an equal basis.

4. The member of local community of the corresponding administrative and territorial unit who reached 21-year age, having education not below the secondary general education has the right to be elected the deputy of the local kenesh.

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

6. Have no right to be elected the citizens recognized by court incapacitated or containing in places of detention according to the court verdict which took legal effect and also persons whose criminal record is not extinguished in the procedure established by the law, except as specified, of 6-1 this Article provided by part.

6-1. Have no right to be elected also the citizens having criminal record for making of corruption and other crime against interests of the public and municipal service irrespective of, the criminal record is extinguished or removed; or against which criminal case on the specified crimes is dismissed on not rehabilitating bases.

7. The military personnel of conscription service of the military units deployed in the territory of the corresponding administrative and territorial unit in which elections are held persons passing alternative service out of the place of the permanent residence and also the students and graduate students of day form of education who are not members of the relevant local community in elections of deputies of local keneshes in the place of the actual stay (service, study) does not participate.

8. The citizens of the Kyrgyz Republic who are in places of detention as suspects and the crimes accused of making have the right to vote in places of detention provided that they constantly live in the territory of the corresponding administrative and territorial unit where elections are held, and the place of their detention is in the territory of this administrative and territorial unit.

Article 4. Obligation and frequency of elections

1. The term of office of deputies of local keneshes is established by the legislation on local self-government.

2. Elections of deputies of local keneshes are obligatory and are carried out periodically to the terms and procedure established by this Law and the legislation on local self-government.

3. Elections of deputies of local keneshes are forbidden:

1) in case of introduction of emergency or warlike situation in all territory of the Kyrgyz Republic;

2) on separate part of the territory of the Kyrgyz Republic - in case of introduction of emergency or warlike situation in this territory.

4. Voided according to the Law of the Kyrgyz Republic of 30.09.2024 No. 167

5. Voided according to the Law of the Kyrgyz Republic of 30.09.2024 No. 167

Article 5. Organization of elections of deputies of local keneshes

1. Preparation and elections of deputies of local keneshes are performed:

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

2) territorial election commissions: Bishkek, Osh and other city, district electoral commissions at elections and holding referenda - according to the decision of Central Election Commission (further - territorial election commissions);

3) precinct election commissions at elections and holding referenda (further - precinct election commissions).

2. The legal status, the organization and procedure for activities, and also guarantee of independence of the electoral commissions are established by the law regulating procedure for activities of the electoral commissions, this Law and other regulatory legal acts of the Kyrgyz Republic.

Article 6. Publicity in the electoral process

1. Activities of the electoral commissions are performed publicly and openly.

2. Has the right to be present at meetings of the relevant electoral commission:

1) members of higher electoral commissions;

2) candidates;

3) representatives of candidates;

4) ceased to be valid according to the Law of the Kyrgyz Republic of 21.01.2016 No. 8

5) representatives of the political parties which pushed the candidate list;

6) observers, public observers, international observers;

7) representatives of mass media.

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. The procedure for use of the electoral information system is determined by Central Election Commission.

Article 7. Observer

1. The candidate, the political party which proposed candidates and also 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.

2. The observer acquires the rights and the observer's obligations provided by this Law after receipt in the relevant electoral commission of the direction from the organization which appointed it. 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. For the direction of the observer the prior notice is not required.

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

The observer the deputy of Jogorku Kenesh, the deputy of the local kenesh, candidates of Jogorku Kenesh or the local kenesh, person, replacement political, special state positions and political municipal positions, the government civil and local government officers, the member of the electoral commission, the authorized representative of the registered candidate, the political party which proposed candidates and also the political party which pushed the candidate list, their representatives in the electoral commissions, judges, prosecutors, employees of other law enforcement and fiscal agencies, the military personnel has no right to be.

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 the electoral commissions;

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