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Article 46
 

Grounds for the cancellation of registration of a candidate or a list of candidates, cancellation of an election commission decision on the voting results or the election returns


1. Registration of an elected candidate shall be canceled by the Central Election Commission in cases of confirmation of the facts of concealment by a candidate of information about the absence of the passive voting right, including information about the presence of the criminal record which is not expunged or removed in the order established by the law or circumstances provided in part 4 of article 3 of the present constitutional Law, the entry into force of a court verdict against him or her, the withdrawal from or loss of citizenship of the Kyrgyz Republic, the citizenship of another state, other grounds established by the current legislation for the absence of passive electoral right, as well as in the event of death of the candidate.


2. Registration of a candidate is canceled in the following cases:


1) the candidate submits a statement to withdraw his or her candidacy within the time limits established by Part 6 of Article 53 and Paragraph 1 of Part 10 of Article 61 of this constitutional Law;


2) political party excludes some candidates from the list if a political party has notified the Central Election Commission in writing at least 5 calendar days prior to the voting day;


3) a candidate, when financing his or her election campaign, uses, in addition to the funds of the election fund, other funds amounting to more than 0.5 percent of the total amount of funds received by a candidate in the election fund, or exceeds by more than 0.5 percent the maximum amount of all expenses from the funds of the election fund of a candidate;


4) violation of requirements established by Articles 21, 53 and 61 of this constitutional Law;


5) violation by the candidate, his or her representatives of the requirements stipulated by Article 21-1 of the present Constitutional Law on inadmissibility of administrative resource abuse for the purpose of election of the candidate;


6) confirmation of facts of direct participation of the candidate, his representatives in the violations of campaigning rules established by paragraph 2 of Article 28 of the present constitutional Law;


7) confirmation of facts of bribing the voters by the candidate, his authorized representatives, proxies, observers as well as close relatives of the candidate or participation of the candidate in bribing of voters established by part 3 of article 28 of the present constitutional Law;


8) entry into force of the court verdict against the candidate.


3. Registration of the list of candidates is cancelled in the following cases:


1) a political party withdraws the list of candidates and refuses to participate in elections, if such statement of a political party is received by the Central Election Commission in writing at least 5 calendar days prior to the voting day;


2) a political party, when financing its election campaign, uses, in addition to the funds from the election fund, other funds amounting to more than 0.5 per cent of the total amount of funds received by a political party to the election fund, or a political party exceeds the expenses from its election fund by more than 0.5 per cent of the established limit of all expenses from the election fund of a political party;


3) violation of requirements established by Articles 21, 53, 61 of the present constitutional Law;


4) violations by the leadership of a political party of requirements stipulated by Article 21-1 of this constitutional Law on inadmissibility of abuse of administrative resources in order to elect the list of candidates;


5) confirmation of the facts of direct involvement of the leadership or employees of the executive body of the political party, representatives of the political party in the violations of the rules of election campaigning, established by paragraph 2 of Article 28 of the present constitutional Law;


6) confirmation of the facts of bribery of voters or their involvement in the bribery of voters by the leadership or employees of the executive body of a political party, authorized representatives, trustees of a political party, observers representing a political party.


4. In the event that after the Central Election Commission establishes the results of the presidential election and before the mandate is handed over to the elected presidential candidate, the information that the candidate has no passive voting right is confirmed, including information about the fact that he or she has a criminal record unexpunged or outstanding in accordance with the procedure established by law, the entry into force of a court verdict concerning him or her; withdrawal from or loss of citizenship of the Kyrgyz Republic, as well as in the of citizenship of another State as well as in case of a death of a candidate, the decision on the election returns shall be cancelled by the Central Election Commission or a court and the elections shall be declared invalid.


In the event that after determining the results of the election of deputies to the Jogorku Kenesh and prior to the registration of an elected candidate, the absence of passive electoral right is confirmed; including information about the fact that he or she has a criminal record unexpunged or outstanding in accordance with the procedure established by law, the entry into force of a court verdict concerning him or her; withdrawal from or loss of citizenship of the Kyrgyz Republic, as well as the of citizenship of another State as well as in case of a death of a candidate the decision to register this candidate shall not be made. In this case, the next elected candidate from the list of this political party shall be registered, taking into account the requirements of Article 65 of the present constitutional Law.


5. The reasons indicated in the present Article for refusal to register an elected candidate, including those on the list of elected candidates, cancellation of a decision of an election commission on the voting results or on election returns shall be exhaustive.


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