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Article 51
 

Election Funds

1. Citizens nominated as candidates shall create their own election funds for the financing of their pre-election campaign. In case the candidates are not registered, the funds received by election funds shall be returned to the organizations and persons who made donations and transfers. The registered candidates shall continue maintaining open accounts of their own election funds for financing their pre-election campaigning.

Candidates competing for the seats in local keneshes and for the heads of local self-government positions shall have the right not to establish their election funds if during the pre-election campaigning they do not intend to use TV, radio and periodically printed mass media on a paid basis and publish pre-election printed materials.

2. The election funds of candidates may be established from the following sources:

own funds of a candidate;

funds allocated to a candidate by the political party, election bloc that nominated that candidate;

voluntary donations of legal entities and individuals, with the exception of the persons listed under Clause 3 of this Article.

3. Voluntary donations to election funds shall not be allowed from:

foreign states, foreign government bodies, institutions and companies, other foreign juridical persons, their subsidiaries and representatives, foreign citizens, international agencies, legal entities registered in the Kyrgyz Republic the shareholders of which are foreign citizens and juridical persons;

stateless persons;

government and local self-government bodies;

state and municipal institutions and organizations;

legal entities having state and municipal share in their authorized capital and also enjoying privileges on payment of taxes, duties and other obligatory charges;

military units;

law-enforcement bodies, courts;

charitable organizations;

religious organizations;

anonymous donations.

It shall not be allowed to pay up financial contributions into a candidate’s election fund for the legal entities that have debts to the state budget or Social Fund of the Kyrgyz Republic. The candidate shall not be held responsible in case of a transfer by such legal entities to the election fund.

Candidates running for Presidency, membership to the Parliament, candidates to become heads of local administrations are entitled to receive written information about election funds of other candidates, exact requisites of the organizations, of legal and physical entities, from whom these financial (material) funds were obtained, as well as about the amount of the received means and their expenditure, while chairman of the election commission ought to provide such information.

4. The Special Part of this Code establishes the maximum amounts of own funds transferred to election funds of a candidate, funds allocated to a candidate by the political party, election bloc that nominated him/her, voluntary donations of citizens and legal entities as well as the maximum amount of expenditures from election funds. The contributions transferred to the election funds of candidates shall be calculated based on the minimum monthly salary established by laws of the Kyrgyz Republic as of the day of appointing the elections. Monetary contributions received in excess of the established amount shall not be included into the election funds and shall be returned to the citizens and organizations. At that, the expenses incurred in connection with the return of the said contributions shall be covered at the expense of the citizens and organizations, which contributed these funds.

5. All the funds that make up an election fund shall be transferred to a special bank account. This account shall be opened by a candidate upon permission of the corresponding election commission. The monetary contributions directed to election funds shall be accepted only in the national currency. Income on these accounts shall not be accrued and paid.

6. For elections of the President of the Kyrgyz Republic, the deputies of the Jogorku Kenesh of the Kyrgyz Republic the procedure for establishment and maintenance of the mentioned accounts, accounting and reporting on the election funds shall be established by the Central Election Commission in agreement with the National Bank of the Kyrgyz Republic. For elections to local self-government bodies the procedure for establishment and keeping the mentioned accounts, accounting and reporting on the election funds shall be established by a corresponding election commission on in agreement with the regional branches of the National Bank.

7. The right to use funds of the election funds shall belong to the candidates who established them.

8. The use of funds of the election funds shall be targeted. They may only be used to cover expenses in connection with the pre-election campaign.

9. Election funds can be used for:

financing organizational-technical measures aimed at collecting signatures in support of a candidate’s nomination;

pre-election campaigning;

payment for accomplished (provided) by citizens work (services) directly connected with conducting a pre-election campaign;

payment for renting premises, equipment, business-trip expenses, communication services, purchase of stationary and payment for other expenses directly connected with conduct of pre-election campaign.

10. Citizens and legal entities shall have the right to provide financial (material) support to the activity, promoting a candidate’s election only through election funds. Legal entities, their subsidiaries, representation offices shall be prohibited to provide works, services, sale of goods directly or indirectly related to elections either free of charge or at unreasonably low prices.

11. Candidates shall be prohibited to use other financial means than the ones received by their own election funds for the payment of works connected with collecting of voters’ signatures, conduct of pre-election campaigning, carrying out other pre-election actions.

12. On demand of an election commission, banking institutions should periodically provide information to the election commission that registered the candidate on received and spent resources on the account of this candidate.

13. From the time of the election funds establishment and until the election day, the corresponding election commission shall periodically send to mass media for publication the information on funds received and spent from the election funds..

14. In case of a candidate’s withdrawal or disaffirmance of registration of a candidate, the resources transferred to the election fund should be immediately returned to the citizens and organizations, which contributed them. At that, the costs incurred in the return of the contributed funds shall be covered at the expense of the citizens and organizations, which contributed the funds.

15. Contracts or agreements on payment from special accounts of candidates may not be concluded later than on the day preceding the election day.

16. In case of repeat elections of the President of the Kyrgyz Republic, transactions on the candidates’ bank accounts can be prolonged on the basis of a written permission of the Central Election Commission.

17. Not later than 20 calendar days after determination of the election results, candidates should file with a corresponding election commission a report on the amount and all resources of their established fund and the expenditures made. Copies of the mentioned reports shall be passed by election commissions to mass media for publication not later than three calendar days after they were filed. The election deposit shall be returned to the candidates who won the necessary number of votes after their submission to the appropriate election commission of the reports on the amount and all resources of their established fund and the expenditures made.

18. A candidate should transfer the balance, remaining on his/her special account, to the accounts of citizens and organizations that made donations or transfers, in proportion to the amount of their contributions. By written instructions of the election commission, the bank shall transfer other leftover funds on the special account of the candidate to the state budget after expiration of 20 calendar days after the election day.

19. The procedure for taxation of election funds resources, voluntary donations and transfers to these funds, as well as for expenditures from the above funds shall be established by laws of the Kyrgyz Republic.

(In the edition of the Law of the Kyrgyz Republic issued on November 25th 1999 year No.127, October 14th 2001 year No.87, January 24th 2004 year No.7, December 23rd 2004 year, No.194)