Home > 1.3.2 Freedom of voters to express their wishes > KYRGYZ REPUBLIC - On Presidential and Jogorku Kenesh Elections
 
 
 
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Article 43
 

Activities of election commissions and government agencies to ensure freedom of elections
(amended as of 23/04/15)


1. In the course of preparation and holding of elections, election commissions, prosecutors and police shall ensure strict compliance with the Constitution, this Constitutional Law and laws of KR.
2. The election day and the day preceding it shall be a working day for courts, prosecution agencies and internal affairs bodies. For banks or other institutions serving special accounts of the election funds of candidates and political parties the day prior to the election day shall be a working day.
3. Internal affairs bodies shall be obliged to provide assistance that election commissions may require to ensure public order during voting in the area of the election precinct and in the voting premises in case of public order violation, upon an invitation of chairperson of the PEC.
4. Decisions and (or) actions (failure to act) of state and other bodies, their officials and other participants of the electoral process, which violate electoral rights of citizens and the requirements of this Constitutional Law, may be appealed at the prosecutor's office, police, election commissions or court in accordance with the laws of KR.
Law enforcement bodies shall consider citizens’ applications and complaints relating to breaches of public order, as well as appeals against actions of participants of the electoral process, which provide for administrative or criminal liability in accordance with the law, except of those persons, listed in the para 3 of this part of this article.
Prosecutor offices shall exercise general control over the adherence to the electoral legislation by the executive state bodies, local self-government bodies and their officials, as well as consider complaints against their actions, which provide for administrative and criminal liability in accordance with the legislation.
The election commissions within their competence defined by law, consider complaints against actions of the participants of the electoral process, with the exception of the persons, listed in para 3 of this part of the article, which provide for administrative liability in accordance with the legislation.
Statements (complaints) against decisions and (or) actions (failure to act) of state and other bodies, their officials and other participants of the electoral process can be made by voters, candidates, political parties, nonprofit organizations, their representatives and observers. A statement (complaint) must be motivated and presented together with the evidence on which they are based.
5. Statements (complaints) of voters, candidates, political parties and other participants of the electoral process, submitted during the preparation of elections shall be subject to review by prosecutors and law enforcement bodies within two days upon receipt of complaints, and those received on the election day or the day before the election day - immediately. If the facts contained in the statements and complaints received during the preparation of elections require additional investigation, a decision on them shall be taken no later than within three days. A copy of the decision on the statement (complaint) shall be sent by prosecution and law enforcement bodies to the appropriate election commission immediately.
6. In case of a refusal to consider the statement (complaint), prosecution and law enforcement bodies shall be obliged to immediately issue a copy of the decision indicating the reasons for refusal.