Home > 2.4 Complaints and appeals > KYRGYZSTAN - Law on Elections of the President of the Republic and the Deputies of the Jogorku Kenesh
 
 
 
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Article 45
 

Appeals against the decisions of the election commissions on establishing of voting results and election returns.


1. Candidates or political parties that have nominated lists of candidates, their representatives and observers may apply (complain) about the decisions of election commissions on establishing the results of voting and the election returns.


2. The decisions of precinct election commissions on establishing the voting results are appealed against to the territorial election commission; decisions of territorial election commissions are appealed against to the Central Election Commission; decisions of the Central Election Commission are appealed against to the court of the first instance; the decision of the court of the first instance is appealed against to the Supreme Court.


3. Applications (complaints) are filed within 3 calendar days since the moment the voting results or the election returns are established.


4. Applications (complaints) received are subject to consideration by election commissions or courts within 3 days since the moment of receipt. In the event that facts contained in the applications (complaints) require additional verification, decisions on them shall be made not later than within 5 days. The decision signed and stamped by the body that adopted the decision shall be immediately handed over to the applicant in writing.


5. Applications (complaints) in respect of the adopted decisions shall be submitted within 3 calendar days since the moment the decision is made.


6. In cases envisaged in the present constitutional Law or the laws of the Kyrgyz Republic, a court may cancel a decision of the Central Election Commission on establishing of election returns.


7. A court decision shall come into legal force since the moment it is delivered and shall be enforceable for the state agencies, bodies of local self-government, non-commercial organizations, officials, election commissions and other participants in the election process. A motivated decision adopted by a court is immediately delivered to the applicant, the respondent or their representatives as well as to the Central Election Commission.
Submission of a supervisory appeal in the manner and within the time limits established by this constitutional law shall suspend the execution by the Central Election Commission of a decision of a court of the first instance.


8. An appeal against the decision of the court of the first instance may be filed within 3 calendar days since the moment the court decision is made.


9. An appeal against an enforceable district (city) court decision shall be considered under the supervisory review procedure within 5 calendar days since the date of its receipt by the Supreme Court.


The supervisory appeal is submitted to the Supreme Court, which must invite a representative of the Central Election Commission.


A supervisory appeal against a court decision is submitted through the relevant court which made the decision. Submitting an appeal directly to a supervisory instance shall not constitute an obstacle for the review of the appeal.


A supervisory instance court resolution shall be final from the moment it is delivered and shall not be subject to appeal.


10. The deadlines for submitting applications (complaints) shall not be reinstated. Upon expiry of the said deadlines, applications (complaints) shall not be accepted.


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


(In the version of the constitutional Law of the Kyrgyz Republic No 96 dated June 5, 2017)