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Article 22
 

Provision of information to voters and holding of election campaign


1. Information support of elections includes provision of information to voters and campaigning aimed at ensuring conscious expression of the will by citizens and transparency of the elections.


2. Provision of information to voters shall be performed by state power bodies and local governments, election commissions, mass media, legal entities and individuals in conformity with this Constitutional Law and the legislation in force. State power bodies, local governments and election commissions shall be responsible for timely and reliable provision of information to citizens.


3. The content of information published in mass media or otherwise disseminated must be unbiased and true, provide for equality of candidates or political parties with no superiority given to any candidates or political parties.


4. Publishing of opinion poll outcome related to elections is one of the ways to raise awareness of voters.


5. When opinion poll results connected with elections are published, mass media, citizens and institutions involved in the publication must mention the institution or individual, who has carried out the opinion poll, date of the poll, number of the interviewed people (sampling), method of information collection, region of the poll, clear phrasing of questions, statistical assessment of a possible error and the individual who ordered the opinion poll and paid for publication thereof.


6. Five days prior to the election day and on the election day, publication in mass media of opinion poll returns, forecast of election results or other research connected with the elections, shall be forbidden.


7. In case of noncompliance with the requirements of items 5 and 6 of this Article when publishing opinion poll returns, the materials containing such information shall be deemed campaigning thus entailing liability stipulated by the existing legislation.


8. During the elections, the state shall provide citizens of KR, candidates and political parties with the possibility of free campaigning in line with this Constitutional Law and the laws of KR.


9. Citizens, candidates and political parties shall be entitled to carry out election campaign for or against any candidate or list of candidates and discuss pre-election programs of candidates or political parties freely and comprehensively.
Campaigning can be carried out through assemblies, meetings and mass media. The form and methods of campaigning must be consistent with the Kyrgyz legislation. Election commissions must provide for campaigns and meetings with the voters.
For the purposes of campaigning, state power bodies and local governments must provide the appropriate premises for meetings, places or areas for election campaign posters at the expense of republican budget.


10. The following activities shall be recognized as campaigning:


1) calls to vote for these or those candidates, list of candidates or against them;
2) preference expressed with regard to certain candidates or political parties;
3) description of possible consequences of electing or non-electing any candidates or political parties;
4) dissemination of information on activity of candidates not related to their professional activity or implementation of their duties of service.


11. During the campaigning period, citizens and political parties shall be able to conduct an election campaign requiring financing, only on agreement with candidates or political parties and through their election funds.


12. Equal access to mass media shall be guaranteed to candidates and political parties.


13. Campaigning can be carried out via:


1) mass media;
2) popular activities (assemblies, meetings with people, public debates and discussions, demonstrations and marches);
3) issuance and dissemination of printed, audiovisual and other campaigning materials;
4) other forms not prohibited by this Constitutional Law.


14. Candidates and political parties can determine on their own the form and type of their campaign via mass media.


15. Officials of state power bodies, local governments, members of election commissions, observers, international observers, judges, representatives of religious organizations, charity organizations, individual under the age of 18, foreign citizens and organizations, individuals without citizenship shall have no right to conduct an election campaign, issue and disseminate any campaign materials.


16. It is prohibited to conduct campaigning via foreign mass media, disseminated in KR. During the elections, foreign TV and radio programs shall be rebroadcast on tape delay. Local mass media rebroadcasting foreign mass media shall bear responsibility for information aspersing honor, dignity and business reputation of candidates.


17. According to this Constitutional Law, journalists, other creative workers and officials of mass media offices shall be prohibited from carrying out TV and radio programs, participating in giving coverage to elections via those mass media, if the abovementioned persons are founders of those mass media, or candidates, or their representatives. This rule does not reach campaigning speeches of the above-mentioned persons, when candidates use free air time on the government and local TV and radio channels in the procedure specified in Article 24 of this Constitutional Law.


18. Mass media, whose founder or co-founders are state power bodies and local governments or their subordinated agencies and enterprises, which are fully or partially funded by the republican budget or local budgets, or mass media with tax and other mandatory payment privileges as compared to other mass media, must provide equal opportunities to candidates and political parties for election campaigning.


19. Mass media that do not fall under item 18 of this Article shall be entitled to provide air time and space in printed media to candidates and political parties on a contract basis in conformity with the instructions on provision of air time on TV and radio channels and space in printed periodicals approved by the CEC, to candidates or political parties.


The amount of payment for air time and publications in periodicals must be the same for all candidates or political parties.
20. Information as to the amount of payment and other terms and conditions for getting air time and space in printed media must be published by the appropriate TV and Radio Company or printed media office 10 days at the latest after publication of official calling of the election. Information must be submitted to the CEC.