Inadmissibility of abuse of the administrative resource.

1. Abuse of administrative resource is the illegal use of human, financial, material, media and institutional resources by candidates, officials, heads of state and municipal institutions, members and founders of mass media and Internet publications during the elections resulting from their control over state civil and municipal servants or employees of state, municipal enterprises, institutions and enterprises with a share of state (municipal) participation of over 30 %, over finances and their distribution which can transform into political or other forms of support to candidates, political parties and violate the equality of all candidates.

2. The following can be referred to as the abuse of administrative resources:

1) the attraction of persons subordinated or otherwise dependent in their service, other civil or municipal servants, the employees of state or municipal educational institutions and health care facilities to carry out activities that contribute to the nomination and / or election of the candidate;

2) the use of premises occupied by state agencies or local self-government bodies for carrying out activities facilitating nomination and / or election, in the event that other candidates cannot use the same premises on the same conditions;

3) the use of telephone, facsimile and other types of communication, information services, office equipment that ensure the functioning of state agencies or local self-government bodies for activities that promote nomination and / or election;

4) free or preferential use of vehicles in the state or municipal property for activities that promote nomination and / or election;

5) collecting signatures, election campaigning by civil servants or municipal servants during business trips;

6) preferential access (compared to other candidates) to the mass media for the purposes of signature collection or election campaigning;

7) campaigning during a mass (public) event organized by the state agencies and / or local authorities;

8) the publication of reports on the work done during the election campaign in the mass media or in printed promotional materials, distribution of congratulations and other materials on behalf of the candidate and not paid from the relevant election fund.

3. Candidates having state and municipal positions, as well as positions of heads of state and municipal enterprises, institutions, enterprises with more than 30 percent of state (municipal) participation and their subdivisions, may not use the advantages of official or service position and other types of administrative resources.

Persons who are not candidates and take state and municipal positions, as well as the positions of heads of state and municipal enterprises, institutions, enterprises with more than 30 percent of state (municipal) participation and their subdivisions, may not use the advantages of official or service position and other types of administrative resources in order to nominate or elect a candidate.

4. Compliance with the restrictions listed in paragraph 2 of this Article shall not prevent officials from fulfilling their official duties.

5. The heads, the members of the board and the founders of mass media and internet publications, journalists, other creative workers of organizations that produce mass media, in the event that these persons are trustees or authorized representatives of a candidate or a political party, shall not be allowed to participate in the coverage of election campaign through mass media.

6. Persons who violate the provisions of this article shall bear criminal or other liability envisaged in the law.

(In the version of the constitutional Law of the Kyrgyz Republic No 116 dated August 8, 2019)