Home > 1.3.2.4 Aggregation procedure and election results > KYRGYZ REPUBLIC - On Presidential and Jogorku Kenesh Elections
 
 
 
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Article 46
 

Grounds for revocation of candidate’s registration, candidates’ list, revocation of a decision made by the election commission as to voting returns and elections results


1. Registration of an elected candidate shall be canceled by the appropriate election commission or the court in the cases connected with confirmation of the facts regarding concealment of information by a candidate about his/her lack of the right to be elected, including information about his/her criminal record non-cancelled in conformity with the Constitutional Law; or entry into force of a court conviction against him/her; or forfeiting (loss) of the Citizenship; or availability of citizenship in another state; or other grounds provided for by the applicable laws in determining his/her lack of the right to be elected. Registration of a candidate shall be canceled in the case of his/her death.


2. Registration of a candidate shall be canceled no later than 5 calendar days before the election day in the following cases:


1) filing of a statement by the candidate on withdrawal of his/her candidacy;
2) removal of some candidates from the list of candidates by a political party;
3) if, in financing his/her election campaign, a candidate uses other funds (in addition to his/her election fund) which amount to more than 0.5 percent of the total funds transferred to the electoral fund of such candidate; or if a candidate has exceeded expenditures from the election fund by more than 0.5 per cent of the maximum limit established for all expenditures from the candidate's election fund;
4) violation of registration rules specified by Articles 21, 53, 61 hereof;
5) confirmation of the facts specifying that a candidate or his/her representatives abuse the advantages of his/her powers or official position for election of such candidate; or confirmation of the facts specifying candidates’ involvement in the use of the advantage of powers or official position by his/her representatives in order to elect the candidate;
6) confirmation of the facts specifying direct involvement of the candidate and his/her representatives in violation of the election campaign rules;
7) confirmation of the facts specifying that the candidate, his representatives and close relatives have bribed voters or indicating involvement of the candidate in bribing of voters.


3. Registration of the list of candidates shall be canceled no later than 5 calendar days prior to the election day in the following cases:


1) withdrawal of the list of candidates by a political party and refusal to participate in the elections;
2) use of other funds by a political party (in addition to the election fund), which amount to more than 0.5 percent of the total funds transferred to the election fund of such political party for financing of its election campaign; or if expenditures of the political party from the election fund by more than 0.5 percent exceed the limit established for all expenditures from the election fund of a political party;
3) violation of the rules for registration of the list of candidates determined by Articles 21, 53, 61 hereof;
4) confirmation of the facts specifying that the leadership of a political party has abused the advantages of powers or an official position in order to promote election of the list of candidates or the facts specifying involvement of the leadership in abuse of the advantages of powers or official position by representatives of political parties in order to promote election of the list of candidates;
5) confirmation of the facts specifying direct involvement of the leadership, or officials of an executive body or representatives of a political party in violation of the election campaign rules;
6) confirmation of the facts specifying bribing of voters by the leadership, officials or representatives of an executive body or political party or their involvement in bribing of voters.


4. If, in the period between determination of presidential election results in KR by the CEC and award of the mandate to the elected candidate it is confirmed that he/she lacks the right to be elected; or has non-cancelled criminal record established by law; or enactment of court conviction against him/her is in force; or he/she has forfeited or lost the Citizenship; or he/she has citizenship in another state; or in the case of his/her death, the decision on the election results shall be canceled by the CEC or court and the election shall be deemed null and void.


If, in the period between determination of the election results for Jogorku Kenesh deputies and award of the mandate to the elected candidate in the list of candidates it is confirmed that such candidate lacks the right to be elected; or he/she has non-cancelled criminal record established by law; or enactment of court conviction against him/her is in force; or he/she has forfeited or lost the Citizenship; or he/she has citizenship in another state; or in the case of his/her death, the decision on election of such candidate shall be cancelled by the CEC or court.
In this case, the next candidate on the list of candidates nominated by this political party shall be registered subject to requirements of article 65 hereof.


5. The grounds for cancellation of the registration of a candidate or a list of candidates and cancellation of the election commission’s decision on voting returns and election results specified in this Article shall be exhaustive.