Home > 1.3 Free suffrage > KYRGYZ REPUBLIC - On Presidential and Jogorku Kenesh Elections
 
 
 
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Article 28
 

Inadmissibility of abuse of the right for election campaigning


1. Election commission shall control compliance with the established campaigning procedure.
2. During the election campaign, abuse of freedom of mass media is inadmissible: it is forbidden to instigate national, ethnic, racial and religious, and interregional hatred, gender and other social superiority calling for discrimination, hostility; or appeals to take-over of power, forcible change of the constitutional system and calls against integrity of the country; war propaganda; use of photo and video materials with the images of politicians and officials of other countries and other forms of abuse of mass media freedom prohibited by laws of KR.
3. From the moment of calling of the elections, it is prohibited to bribe voters; pay money to voters; give gifts and other material values to voters; make special sales at low prices, distribute goods for free except for campaign materials, badges, T-shirts, caps, scarves, containing symbols of a political party that nominated a list of candidates, picture of a candidate; provide free services or those on easy terms.
Payment from the election fund of a candidate or political party for completed works under labor contracts between candidate or political parties and contractor shall not be regarded as bribery.
4. Candidates, their close relatives, spouse, representatives of candidates or political parties, from the moment of calling of the elections and before publication of the election results may not undertake charity activities.
5. Candidates, their representatives, representatives of political parties, mass media, other individuals participating in election campaigns may not allow publications based on the knowingly false information that asperse honor, dignity or business reputation of candidates or political parties. Mass media that allowed such publications must, on demand of candidate or political party, give disclaimer or explanations of unfaithful article or speech. Disclaimer and explanations should be published in a separate column or on the same page and with the same font as the information in question; in periodicals it should be done in the next issue; disclaimer or explanations of TV or radio appearances should be done on the next day when disclaimer or explanation is received.
6. If till the end of the campaigning period candidate and political party are not provided with an opportunity to give disclaimer or other explanations in order to protect their reputation in mass media that had published information adversely affecting the reputation of such candidate or political party, this can lay the basis for judicial responsibility of those mass media.
7. In the event of abuse of items 2, 3, and 5 of this Article by a candidate or political party, by their representatives and mass media, election commissions, voters, a candidate or political party and their representatives can apply to law enforcement bodies and court to demand that relevant law enforcement bodies and other bodies stop lawless campaigning and bring the offender to liability in accordance with this Constitutional Law and the existing legislation.
Law enforcement bodies must take immediate actions to stop lawless campaigning and immediately inform the appropriate election commission on the facts and actions taken.
8. Law enforcement bodies must assist election commissions in preventing provision of forged and illegal pre-election printed, audiovisual and other campaigning materials, in withdrawal thereof and in identifying producers of the mentioned materials and the source of funding.
9. In the event of breach of the requirements specified in Articles 22 – 28 hereof by candidate or political party, the appropriate election commission may issue a written notice to such candidate or political party. In case of repeated violations of the abovementioned requirements by candidate or political party, the CEC shall be entitled to make a decision on revocation of the candidate or the list of candidates’ registration on recommendation of the appropriate election commission or on its own initiative.