Home > 2.5 Election campaign > KYRGYZ REPUBLIC - On Presidential and Jogorku Kenesh Elections
 
 
 
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Article 41
 

Electoral funds


1. Citizens, from the time of their nomination as candidates and until provision of documents for registration, shall establish their own electoral funds for financing of the election campaign. A political party, which has nominated a list of candidates, shall establish an electoral fund within five calendar days after registration by the election commission of the authorized representative of the political party for financial issues to finance its election campaign pursuant to the procedure established by articles 54 and 62 hereof. In case of an official refusal to register a candidate or a list of candidates, the resources received by the electoral fund shall be returned to the organizations and persons who provided donations and made transfers.


Candidates and political parties, which nominated a list of candidates after the registration shall continue maintaining open accounts of their electoral funds for funding of the election campaign.


Candidates, running as a part of the list of candidates, shall not be entitled to create their own electoral funds.


2. Electoral fund of a candidate or political party can be established from the following funds:


- candidate’s or political party’s own funds, allocated according to the law;
- voluntary donations of citizens and legal entities with an exception for the persons specified in item 3 of this Article.


3. Voluntary donations to electoral funds are prohibited from:


- foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in KR, whose participants are foreign citizens and legal entities;
- persons without citizenship;
- state bodies and local governments;
- state and municipal institutions and enterprises;
- legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments;
- military units, military establishments and organizations;
- law enforcement bodies, courts;
- organizations engaged in charitable activity;
- religious organizations;
- anonymous donations.


Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of KR shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the CEC whereas the latter shall further transfer these funds to the state budget or to the Social Fund of KR.


4. Resources transferred to the electoral funds of candidates and political parties, shall be estimated based on a salary index established by the law of KR on the day of calling of the election. Funds received in excess of the established amount shall not be credited to the election fund and shall be returned to the citizens and organizations. Expenditures connected with return of such funds shall be covered by contributing citizens and organizations.
In case of repeat voting, the total maximum amount of all expenses of a candidate out of the electoral fund may be increased half as much again.


5. All resources forming the electoral fund shall be transferred to a special account in a bank or another institution. This account shall be opened by a candidate or political party by authority of the CEC. Resources transferred to the electoral funds shall be accepted only in the national currency. No proceeds shall be accrued or paid on those accounts.


6. The list of the banks or other establishments, the procedure of opening and keeping the specified accounts, accounting and reporting on the resources of the electoral funds shall be established by the CEC subject to agreement with the banks or other establishments.


7. Candidates, political parties and their authorized representatives shall have the right to dispose of the electoral funds established by them.


8. Electoral funds are of designated purpose. They can be used only to cover expenses connected with an election campaign.


9. Electoral funds can be used for:


1) financial support of organizational and technical measures, including the ones aimed at signatures collection in favor of a candidate;
2) election campaign;
3) labor remuneration payable to citizens for performance (provision) of work (services), directly connected with the election campaign;
4) payment of a fee for renting of premises, equipment, transportation expenses, business trip expenses, communication services, purchase of stationary and other expenses, directly connected with election campaign.


10. Citizens and legal entities may provide financial (material) support to the activity promoting election of a candidate or a list of candidates only through election funds. Legal entities, their branches, representation offices and individuals may not perform work, provide services and sell goods directly or indirectly connected with the elections, free of charge or at unreasonably low prices.


11. Candidates and political parties are prohibited to use resources other than those transferred to their election funds for payment of work connected with collection of voters’ signatures, election campaigning and other election activities.


12. Banks or other establishments shall be obliged to submit information on receipt and spending of the funds on a special account of a candidate or political party on a weekly basis and within 24 hours upon the demand of the CEC.


13. In case of a candidate’s withdrawal, recall of the list of candidates by a political party or cancellation (annulment) of the candidate’s or candidates’ list registration, resources transferred to the election fund shall be subject to immediate return to the contributing them citizens and organizations. Expenditures connected with return of the specified funds shall be covered out of the donations made by citizens and organizations.


14. Agreements (contracts) with citizens and legal entities for performance of certain works (provision of services), connected with the candidate’s or political party’s election campaign shall be concluded personally by a candidate or his/her authorized representative, authorized representative of a political party. Agreements and contracts for payment to be made from special accounts of candidates or political parties may not be concluded later than on the day preceding the election day.


All financial operations, including settlements with individuals and legal entities using special accounts, shall terminate at 6 p.m. of the day preceding the day of voting. Settlements between a candidate, a political party and legal entities for execution of certain work (delivery of services) shall be made only in a non-cash procedure.


15. During repeat voting, financial operations on special accounts of candidates with regard to whom a repeat voting is held, shall be resumed on the day of repeat voting appointment and terminated at 6 p.m. on the day preceding the day of repeat voting.


16. 10 calendar days at the latest after the election, candidates and political parties shall have to submit a report to the CEC on the amounts and all sources of their fund and on all expenses. Financial deposit shall be returned to candidates and political parties who received the necessary number of votes, after submitting the report on the amounts and all sources for creation of their fund and all expenses, to the CEC.


17. The balances of non-spent funds on a special account shall be returned to a candidate or political party.


18. A taxation procedure for electoral funds, voluntary donations and transfers to such funds as well as expenditures out of the specified funds shall be established by the laws of KR.