CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of October 31, 2016 No. 173

About referendum of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on October 26, 2016

Chapter 1. General provisions

Article 1. Referendum of the Kyrgyz Republic

1. Referendum of the Kyrgyz Republic (further - referendum) - national vote of citizens of the Kyrgyz Republic (further - participants of referendum) according to the draft of the constitutional law, the law and other regulatory legal act, and also on other important issues of the state value.

2. The referendum along with free elections is direct expression of the power of the people. The referendum is held in all territory of the Kyrgyz Republic.

Article 2. The main terms used in this constitutional Law

1. In this constitutional Law the following concepts and terms are used:

1) propaganda materials - the printed, audiovisual and other materials containing propaganda signs concerning referendum (for or against the question (questions) submitted (taken out) for referendum) and intended for mass distribution, promulgation or other mass use during referendum campaign;

2) 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;

3) the question (questions) submitted (taken out) for referendum - drafts of the constitutional laws, the laws and other regulatory legal acts, and also other important issues of the state value;

4) 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;

5) the group pro - group of participants of referendum for propaganda for the question (questions) submitted (taken out) for referendum, and registered by the Central commission on elections and holding referenda of the Kyrgyz Republic (further - Central Election Commission) according to the procedure, established by this constitutional Law;

6) the group contra - group of participants of referendum for propaganda against the question (questions) submitted (taken out) for referendum, and registered by Central Election Commission according to the procedure, established by this constitutional Law;

7) the identity document of the participant of referendum - the passport of the citizen (ID card) or the all-civil passport of the citizen of the Kyrgyz Republic;

8) 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;

9) documents of referendum - participant lists of referendum, bulletins valid, invalid, unused (extinguished), spoiled (filled with mistakes), and also the bulletins issued to participants of referendum for vote out of the room of the site on holding referendum, protocols of the electoral commissions, their decisions concerning referendum, summary tables about results of vote and also checks about identification passing, primary and closing statements on identification;

10) initiative group - the group of citizens performing petition for project initiation of the law on announcement of referendum according to the law regulating procedure for implementation of the national legislative initiative, and maintenance it to the introduction in legal force;

11) information support of referendum - the informing participants of referendum and propaganda concerning referendum promoting conscious declaration of will of citizens, publicity of referendum;

informing participants of referendum - the activities for preparation and distribution of information during referendum campaign promoting to induce participants of referendum to participation on referendum, promoting conscious declaration of will of citizens and publicity of referendum. Informing participants of referendum shall not contain elements or signs of propaganda;

information material - the printed, audiovisual and other materials containing information on the course of campaign of referendum and activities of the electoral commissions, sites of referendum, procedure for modification and refining of the participant list of referendum, procedure for participation in vote, voting procedure, procedure for establishment of results of vote and determination of results of referendum;

12) the commissions on holding referendum (further - the electoral commissions) - the collegiate organs organizing and providing preparation and holding referendum;

13) the international observer - the person representing the foreign or international organization, acquiring the right to implementation of observation of preparation and holding referendum in the Kyrgyz Republic according to the established legislation rather;

14) the observer - person designated by the group pro, the group contra, political party, non-profit organization to observe preparation of referendum, carrying out vote, counting of votes, establishment of results of vote and determination of results of referendum according to the procedure, stipulated by the legislation;

15) the participation right in referendum - constitutional right of the citizens of the Kyrgyz Republic who reached 18 years on ballot day to participate in referendum, including to vote on the questions submitted for referendum;

16) 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;

17) the participant list of referendum - the list of the citizens of the Kyrgyz Republic having the participation right in referendum to ballot day in electronic and paper types;

18) the participant of referendum - the citizen of the Kyrgyz Republic who reached 18 years on the ballot day having the participation right in referendum;

18-1) participant of referendum with limited opportunities of health - the citizen 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;

19) the operator - the specialist of authorized state body in the sphere of registration of the population providing technical services on the site on holding referendum in ballot day;

20) 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;

21) boxes for vote - automatically the reading-out ballot boxes or stationary boxes, and also portable ballot-boxes;

22) automatically the reading-out ballot box - the device intended for automatic counting of votes of participants of referendum;

23) stationary box - transparent ballot box;

24) portable ballot-box - the box intended for carrying out vote of the participant of referendum out of the room;

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

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

27) the check - the physical carrier transformed from electronic type in which information on identification data of the participant of referendum small circulations without creation of printing form is reflected.

2. The terms and concepts used in this constitutional Law are applied in the same value, as in the laws of the Kyrgyz Republic establishing procedure for preparation and elections of the President of the Kyrgyz Republic (further - the President), deputies of Jogorku Kenesh of the Kyrgyz Republic (further - the deputy of Jogorku Kenesh), single system of the electoral commissions of the Kyrgyz Republic.

Article 3. Principles of holding referendum

1. The referendum is held on the basis of the following principles:

1) participation in referendum is free;

2) vote is voluntary and secret and is performed on the basis of general, equal and direct suffrage;

3) each participant of referendum has one voice.

2. When holding referendum publicity and participation of the public are provided, including in case of counting of votes.

3. In referendum have the right to participate the citizens of the Kyrgyz Republic who reached 18 years.

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 citizens of the Kyrgyz Republic living or being outside the Kyrgyz Republic have the participation right in referendum according to this constitutional Law.

The participation right in referendum of the citizens of the Kyrgyz Republic living or being beyond its limits during referendum is 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 sites of referendum formed according to the offer of the body knowing questions of foreign affairs in coordination with relevant organs of adoptive state, 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.

6. 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.

Article 4. Legislation on referendum

1. The legislation on referendum is constituted by the Constitution of the Kyrgyz Republic, this constitutional Law, other regulatory legal acts of the Kyrgyz Republic.

2. Provisions of this constitutional Law can be changed or added precisely by adoption of the constitutional law.

Article 4-1. Secret vote

Vote on referendum 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 5. Language of holding referendum

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 the decisions, documents of public authorities, the electoral commissions concerning holding referendum are constituted published) in the state and official languages.

Article 6. Publicity by preparation and holding referendum

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 Central Election Commission concerning preparation and holding referendum, providing the participation right in referendum are officially published according to the procedure and the terms provided by this constitutional Law.

3. The state guarantees to citizens of the Kyrgyz Republic, to political parties and other non-profit organizations, the groups pro and the groups contra from the date of entry into force of the law on announcement of referendum freely to carry out propaganda concerning referendum according to this constitutional Law.

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