Home > 2.4 Complaints and appeals > KYRGYZ REPUBLIC - On Presidential and Jogorku Kenesh Elections
 
 
 
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Article 45
 

Appeal of decisions made by election commissions as to voting returns and election results
(amended as of 23/04/15)


1. Candidates, political parties nominating the lists of candidates, their representatives and observers may file appeals (complaints) against the decisions of election commissions with regard to determination of election results and election results.
2. Decisions of PECs on election results shall be appealed to the TECs; decisions of TECs shall be appealed to the CEC; decisions of the CEC shall be appealed to the court of the first instance; decisions of the first instance courts shall be appealed to the Supreme Court.
3. The appeals (complaints) shall be lodged within 3 calendar days after determination of election results.
4. The appeals (complaints) received shall be reviewed by election commissions and courts, within three days after their receipt. In cases where the facts contained in the appeals (complaints) require additional investigation, a decision on them shall be taken no later than within five days. A decision signed and sealed by the decision taking authority shall be immediately delivered to the claimant in written form.
5. The appeals (complaints) against the decisions taken shall be submitted within 3 days after the issuance of such decision.
6. In the cases established by this constitutional law and the laws of KR, the court may cancel a decision of the CEC on determination of election results.
7. Court decision shall come into force from the date of its issuance and shall be binding to state authorities, local governments, nonprofit organizations, officials, election commissions and other participants of the election process.The Court’s reasoned decision shall be promptly communicated to the applicant, defendant or their representatives and to the CEC.
Lodging of a complaint for supervisory review in the manner and terms established by this Constitutional Law shall suspend execution by the CEC of a decision made by the court of original jurisdiction.
8. A complaint against the decision of the court of original jurisdiction may be lodged within three days after the issuance of the court decision.
9. A complaint against the decision of a district (city) court that has come into force shall be reviewed in exercise of supervisory power within five calendar days after the complaint was filed with the Supreme Court.
A supervisory appeal shall be brought to the Supreme Court of KR, which shall invite a representative of the CEC in a mandatory manner.
A supervisory appeal against the court decision shall be lodged through the appropriate court that has taken the decision. Lodging a complaint directly to the supervisory authority shall not be an obstacle for reviewing such an appeal.
Resolution of the supervisory authority shall come into force from the date of its issuance, shall be final and not subject to any appeal.
10. The timeframes for lodging appeals (complaints) shall not be subject to extension or renewal. On expiration of this period appeals (complaints) shall not be accepted.