Inadmissibility of Abuse of the Right for Campaigning
1. Election commissions shall control the observance of the established procedure for pre-election campaigning.
CEC Decree issued on August 13th 2004 year, #43 “On Provision “On Working Group for Control over Rules of Pre-election campaign”
CEC Decree issues on December 13th 2004year, #84 “On forms of control of volume and costs of paid and free air-time and print space, provided to registered candidates, political parties, election blocks during pre-election campaign by mass media and advertisement organizations”
2. In the course of pre-election campaigning, it shall be prohibited to abuse the freedom of mass media: campaigning aimed at exciting social, religious, racial, national hatred and animosity, calls for seizure of power, for a violent change of the constitutional system and violation of the integrity of state, propaganda of war, and other forms of abuse of mass media freedom, prohibited by laws of the Kyrgyz Republic.
3. Candidates, their close relatives, proxy persons and authorized representatives, political parties, election blocs from the time of appointment of elections shall be prohibited to bribe voters: pay them money, give them presents and other valuables other than for execution of some organizational work (duty at polling stations, collecting of signatures and other technical services), undertake preferential sale of goods, distribute any goods free of charge with the exception of printed materials including artwork, and badges specially produced for the election campaign as well as provide services free of charge or on preferential terms.
4. Candidates, their authorized representatives and proxy persons, political parties and elections blocs as well as organizations shall not have the right in the course of campaigning to influence their voters by promises of transfer of funds, securities to them (including that upon the voting results) and other material benefits as well as of provision of services on other terms than those stipulated by law.
5. Candidates, their proxy persons, political parties, election blocs and other person from the time of nomination till publication of the voting results shall not have the right to be involved in any charitable activity, including the one outside the constituency, in which the candidate was nominated.
6. Candidates, their proxy persons and authorized representatives, other parties, political parties, election blocs mass media, when participating in pre-election campaigns, shall not have the right to let out any publications that can damage dignity, honour or business reputation of the candidates. Mass media that issued publications capable of damaging dignity, honour or business reputation of candidates, upon their request, should publish a refutation or give a clarification on the article or speech that did not correspond to reality or distorted it. The refutation or clarification shall be published in a special column or in the same column and with the same fonts that were used for the information in response to which the refutation or explanation is given. Refutation or clarification in periodical publications shall be given in the next issue, and refutation or clarification for TV or radio statements – in the next program after the day of receipt of the refutation or clarification.
7. A failure to provide a possibility, before the pre-election campaign is completed, for a candidate to publish a refutation or other clarifications to protect his/her reputation in the media that published the information potentially damaging to the candidate’s reputation may become the grounds for legal liability of these mass media.
8. In case a candidate, political party, election bloc violates Clause 2 of this Article the election commission as well as other bodies, organizations and citizens shall have the right to go to court with a representation requesting to cancel the candidate’s registration in accordance with an order stipulated by this Code.
9. In case if a candidate violates the requirements specified under Articles 30-36 of this Code, other rules of pre-election campaigning, the election commission shall have the right to apply to the appropriate law-enforcement and other bodies with a request asking to suppress illegal campaigning activity, and shall also have the right to issue a warning to the candidate, and in cases, which may influence election results-cancel candidate’s registration on the grounds and in accordance with an order, stipulated by this Code.
(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year, No. 7)