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Article 43
 

Activities of election commissions and state agencies in ensuring the freedom of elections.


1. During preparation and conducting of elections, election commissions, offices of prosecution, internal affairs agencies shall ensure strict observance of the requirements of the Constitution, the present constitutional Law and the laws of the Kyrgyz Republic.


2. The voting day and the preceding day shall be working days for courts, bodies of the prosecution and internal affairs agencies; for banking or other institutions servicing special accounts of the election fund of candidates and political parties, the day preceding the day of voting shall be a working day.


3. The internal affairs agencies shall be obliged at the invitation of the chairperson of the precinct election commission to provide the assistance that electoral commissions may require to ensure public order during voting at the polling stations and in the voting hall in the event of violations of public order.


4. Decisions and / or actions (inaction) of state and other agencies, their officials, other actors of the election process, which violate the electoral rights of citizens or the requirements of the present constitutional Law, can be appealed against to the bodies of the prosecution, internal affairs agencies, election commissions or court in accordance with the legislation of the Kyrgyz Republic.


The internal affairs agencies shall conduct the consideration of applications (complaints) concerning violation of public order, as well as applications on actions of participants in the election process, except for persons indicated in the paragraph 3 of this part, for which the responsibility is envisaged by the legislation of the Kyrgyz Republic.


Prosecution agencies shall supervise the observance of the election legislation by the executive power agencies, bodies of local self-government, their officials, as well as consider applications (complaints) on their actions for which liability is envisaged in accordance with the legislation of the Kyrgyz Republic.


Election commissions, within the limits of authority established by the legislation, shall consider applications in respect of actions of participants in the electoral process, except for persons indicated in paragraph 3 of this part, for which the responsibility is envisaged within the scope of authority in accordance with the legislation of the Kyrgyz Republic.


During the preparation and holding of the elections, the election commissions shall form operational coordination response groups at all levels of the election commissions, which shall include the representatives of law enforcement agencies. The main functions of the coordination rapid response group shall be to promptly respond to violations of electoral legislation and inform citizens about the measures taken.


The operating procedures of the coordination rapid response group shall be determined by the Central Election Commission.


Voters, candidates, political parties, non-commercial organizations, their representatives and observers shall have the right to make applications (complaints) on the decisions and / or actions (inactions) of state and other agencies, their officials and other actors of the election process. Applications (complaints) should be motivated and submitted together with evidence on which they are based.


5. Applications (complaints) of voters, candidates, political parties and other actors of the electoral process, received in the course of election preparation, are subject to consideration by the prosecution bodies and internal affairs agencies within 2 days since their receipt, and those received on the day of voting or the preceding day shall be dealt with immediately. In the event that facts contained in applications or complaints received in the course of election preparation require additional verification, decisions on them are taken no later than within 3 days. The prosecution and internal affairs agencies shall immediately forward a copy of the decision taken on the application or complaint to the relevant election commission.


6. If the prosecution bodies or the internal affairs agencies refuse to consider the application or complaint, they must immediately issue a copy of the decision stating the grounds for refusal.


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