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Article 44
 

Appeals against decisions and / or actions (inactions) of election commissions that violate the electoral rights of participants in the electoral process.


1. Decisions and / or actions (inaction) of election commissions, their officials, which violate the electoral rights of participants in the electoral process, can be appealed against to a higher election commission, decisions and / or actions (inaction) of the Central Election Commission can be appealed against in a court.


2. Voters, candidates, political parties, non-commercial organizations, their representatives and observers can appeal against decisions and / or actions (inactions) of election commissions that violate the electoral rights of citizens.


(Paragraph 2 lost its effect in accordance with the constitutional Law No 88 dated April 23, 2015)


3. When considering applications (complaints), as well as in other cases when considering violations of electoral rights, electoral legislation, interested parties or their representatives shall be informed on the day, time and place of consideration. The said persons shall have the right to give explanations and submit evidence on the merits of the case under consideration.


4. Decisions and / or actions (inaction) of precinct election commissions, their officials in violation of the electoral rights of the actors in the election process, are appealed against to a territorial election commission.


5. Decisions and / or actions (inaction) of territorial election commissions and their officials in violation of the electoral rights of the participants in the electoral process, shall be appealed against to the Central Election Commission.


6. Decisions and / or actions (inaction) of the Central Election Commission are appealed against to the court of the first instance, and the decision of the court of the first instance to the Supreme Court. The decision of the Supreme Court is final and cannot be appealed.


7. Applications (complaints) shall be submitted immediately, from the moment when a participant in the election process becomes aware of a violation of his or her electoral rights, making decisions, committing an act (inaction), but not later than within 3 calendar days.


8. Applications (complaints) received in the course of preparation to elections are subject to review by the election commissions or courts within 3 days since the moment of receipt and those received on the voting or the preceding day shall be dealt with immediately. In cases when facts contained in statements (complaints) received in the course of election preparation require additional verification, decisions on them shall be made not later than within 5 days. The decision signed and stamped by the decision making body shall be immediately handed over to the applicant in writing.


9. An application (complaint) made on the basis of the results of consideration of the application (complaint) shall be submitted to a higher election commission, and in case of appeal against the decision of the Central Election Commission to a court within 3 calendar days since the moment the decision is made. In case of appealing against the inactivity, the application (complaint) is submitted to a higher election commission and in case of appealing against the inactivity of the Central Election Commission, to a court within 3 calendar days since the day when the action was to be taken.


10. The higher election commission shall leave in force the decision of the lower election commission or cancel it and make a decision on the merits of the application (complaint).


11. The court, having established the validity of the application (complaint), recognizes the challenged decision or action (inaction) as illegal and cancels the decision of the Central Election Commission or refuses to satisfy the application (complaint) in the event that it establishes that the challenged decision or action (inaction) is legal.


12. The deadlines for submitting applications (complaints) shall not be reinstated. Upon expiration of the said deadlines, applications (complaints) shall not be accepted. The period of application (complaint) submission starts the next day after the decision or action (inaction) is made.


13. Materials related to the consideration of disputes shall be stored in accordance with the legislation of the Kyrgyz Republic.


(In the version of the constitutional Laws of the Kyrgyz Republic No 96 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)