Election funds.

1. Citizens from the moment of their nomination as candidates and until submission of documents for the registration shall create their own election funds for financing the election campaign pursuant the procedure envisaged in the present constitutional Law.

A political party that has nominated a list of candidates to finance its election campaign shall create an election fund within 5 calendar days after the election commission registers the authorized representative of a political party on financial aspects in the manner prescribed by Articles 54 and 62 of this constitutional Law. In case of official refusal to register a candidate or a list of candidates, the funds received by the election fund shall be returned to the organizations and persons who have made donations and transfers.

Candidates or political parties that have nominated lists of candidates shall after registration continue to maintain open accounts of their own election funds to finance election campaign.

Candidates who run for elections on the list of candidates shall not have the right to establish their own electoral funds.

2. The election fund of a candidate or a political party may be established with the following:

- own funds of a candidate or a political party formed taking into account the requirements of the law;

- voluntary donations from citizens and legal entities, except for the persons listed in paragraph 3 of this Article.

3. Voluntary contributions to election funds shall be prohibited in the event that they are from:

- foreign states, foreign state agencies, institutions and enterprises, other foreign legal entities, their branches and representative offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, to which foreign citizens and legal entities are participants;

- stateless persons;

- state agencies and bodies of local self-government;

- state and municipal institutions and enterprises;

- legal entities that have a state or municipal share in the authorized capital, as well as enjoy privileges for paying taxes, duties and other mandatory payments;

- military units, military institutions and organizations;

- law enforcement agencies and courts;

- organizations engaged in charitable activities;

- religious organizations;

- anonymous donations (anonymous donation shall mean a donation from a citizen who has not specified any of the following information: surname, the first name, patronymic name, address of residence, passport data and also if they have submitted false information about themselves).

It is prohibited for the legal entities or individuals who carry out entrepreneurial activity without establishing a legal entity and have debts to the state budget or the Social Fund of the Kyrgyz Republic to contribute money to the election fund of a candidate or a political party. A candidate or a political party shall not be liable in case of transfer of money to the election fund by these legal entities or individuals. In case the election fund of a candidate or a political party receives money from the above mentioned individuals and legal entities, then by court decision the bank or other institution shall be obliged to transfer this money to the special fund of the Central Election Commission, which in turn shall transfer these funds to the state budget or Social Fund of the Kyrgyz Republic.

4. Money arriving to the election funds of candidates or political parties shall be calculated based on the specified rate established by the law of the Kyrgyz Republic on the day of calling the elections. Money received in excess of the established amount shall not be transferred to the election funds and shall be returned to citizens and organizations. Expenses related to the return of those funds shall be covered by the citizens and organizations that donated them.

In case of repeated voting the total limited amount of all expenses of a candidate at the expense of means of election fund can be increased by one and a half times.

5. All money constituting the election fund shall be transferred to a special account in a bank or another institution. This account shall be opened by a candidate or a political party with the permission of the Central Election Commission. Money transferred to the election funds must be only in the domestic currency. No income is accrued or paid on these accounts.

6. The list of banking or other institutions, the procedure of opening, keeping the mentioned accounts, accounting and reporting on the funds shall be established by the Central Election Commission upon agreement with banking or other institutions.

7. The right to dispose of electoral funds shall belong to the candidates who established them, political parties and their authorized representatives.

8. The funds of the election funds shall have a targeted purpose. They may only be used to cover the costs of the election campaign.

9. The election funds may be used only for:

1) financial support of organizational and technical measures aimed at election campaigning or collection of signatures in support of a candidate;

2) payment for electoral deposit in the amount established by this constitutional Law;

3) payment for works, delivery of services directly related to the election campaign, in particular for:

- information and advisory services;

- production and distribution of campaigning materials;

- rent of premises and equipment;

- covering transportation and travel expenses;

- communication services;

- procurement of stationery and equipment;

- publication of announcements and speeches by the candidate in the media;

- holding pre-election meetings and meetings with voters.

10. Citizens and legal entities shall have the right to provide financial (material) support to activities that contribute to the election of the candidate or the list of candidates, only through the election funds. It is prohibited to perform works, services or sale of goods directly or indirectly related to the elections by legal entities, their branches, representative offices, as well as individuals free of charge or at unreasonably low prices.

11. Except for the money received in their election funds candidates and political parties shall be prohibited from using any other money to pay for the collection of voter signatures, the conduct of election campaigning and other pre-election activities.

12. Banking or other institutions shall be obliged on a weekly basis and, upon the request of the Central Election Commission, within 24 hours to submit information to the Central Election Commission on the receipt and spending of funds on the special account of a candidate or a political party. This information upon its receipt shall be subject to mandatory posting by the Central Election Commission on the official website, taking into account the legislation on personal data and bank secrecy.

13. In the event that a candidate withdraws his / her candidacy, of withdrawal of the list of candidates by a political party or cancellation of the registration of a candidate or a list of candidates, the money received in the election fund shall be immediately returned to the citizens and organizations that have transferred them. The expenses connected with return of the specified amounts, shall be covered at the by citizens and the organizations which made their contributions.

14. Agreements (contracts) with citizens and legal entities on performance (delivery) of certain works (services) related to the election campaign of a candidate or a political party shall be concluded personally by the candidate or his / her authorized representative, or the authorized representative of a political party. Contracts and agreements on payment from special accounts of candidates and political parties should not be concluded later than the day prior to the voting day.

All financial operations, including settlements with individuals and legal entities on the special accounts, shall be terminated at 6 PM on the day preceding the voting day. Settlements between a candidate, a political party and legal entities for the performance (delivery) of certain works (services) shall be made only on a cashless basis.

15. In the event of a repeated vote, financial transactions on special accounts of candidates, in respect of which repeated vote is conducted, shall be resumed on the day of establishing the day of repeated vote and shall be terminated at 6 PM of the day preceding the repeated voting day.

16. The election deposit shall be returned to the presidential candidates and to the political parties that nominated the lists of candidates to the Jogorku Kenesh:

1) those who received not less than 5 percent of the votes of those who took part in the voting, after submitting to the Central Election Commission not later than 10 calendar days after the elections a report on the amount and all sources of formation of their fund, as well as all costs incurred;

2) in the event that the Central Election Commission decides to refuse to register a presidential candidate or the list of candidates to the deputies of the Jogorku Kenesh;

3) those who refused to participate further in the elections prior to the approval of the text and form of the ballot paper.

The remaining amount of the deposit shall be transferred to the budget. Information on the amount of received funds from the election deposits of candidates and political parties, the amount of returned election deposits to candidates and political parties and the amount transferred to the budget shall be published on the official website of the Central Election Commission.

17. The balances of unspent funds on the special account shall be returned to the candidate and to the political party after the voting day.

18. The procedure of taxation of election funds, voluntary donations and transfers to the said funds, as well as expenses from the said funds shall be established by the laws of the Kyrgyz Republic.

(In the version of constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 116 dated August 8, 2019)