Home > 2.1 The competent bodies and their tasks > KYRGYZ REPUBLIC - Electoral Code
 
 
 
Download file    
 
 
Article 55
 

Judicial Procedure of the Appeal of Decisions and Actions (Failure to act) Violating Election Rights of Citizens of the Kyrgyz Republic

1. Decisions and actions (failure to act) of government and local self-government bodies, public associations and officials, as well as election commissions and their officials as well as actions of candidates violating election rights of citizens may be appealed to a court during the time period established by this Code.

The voting results of election results may be appealed within 10 days after the election day. The period of filing a complaint shall not be subject to extension or renewal. On expiry of this period a complaint shall not be accepted.

2. Decisions and actions (failure to act) of election commissions shall be appealed to rayon (city) court.

3. Should a court accept a complaint for consideration while a citizen appeals simultaneously with a similar complaint to an election commission, the election commission shall suspend consideration of the appeal until the court decision comes into legal force. The court should notify the election commission on the complaint received.

4. The court’s decision shall enter into a full legal force from the moment it is issued and is mandatory for implementation by the bodies of state, bodies of local self-governance, public associations, state servants and election commissions.

The decision of the court is immediately provided to the appeal ant, respondent and their representatives, as well as to the corresponding precinct election commissions.

The first instance court decision can be appealed during 10 days after the court decision has been received.

5. Any voters, candidates, political parties, election blocs, public associations, and election commissions may appeal the decisions and actions (failure to act) violating election rights of citizens. A person should exactly formulate the complaint and present or point out to the proof and evidence, on the basis of which he/she files the complaint.

6. In cases stipulated by this Code, by laws of the Kyrgyz Republic, a court may cancel a decision of a corresponding election commission on the results of voting or elections, or other decision of the election commission.

7. Complaints filed in the course of preparation for elections shall be considered by court within a three-day period from the day of filing the complaint but not later than on the day preceding the election day, and immediately if filed on the election day or on the day following the election day. Should the facts of a complaint require some additional verification, the decisions on them shall be taken not later than within 5 days. When a complaint is filed on an election commission decision on the voting results, elections results the court shall take a decision not later than 10 days after the day of filing the complaint.

8. Failure to appear in court of the claimant, representatives of the respective election commissions, government and local self-government bodies, other interested persons who were properly notified about the place and time of the court session shall not be an obstacle for hearing and deciding the case.

9. Courts and prosecutors’ offices shall arrange their work (including days off) in such a way as to ensure timely consideration of the appeals.

10. The court decision that entered into force may be considered in the exercise of supervisory judicial powers within 5 calendar days after the day of filing an appeal.

At elections of the deputies of local keneshes and heads of local self-governments an appeal shall be brought to the oblast and Bishkek city courts, with mandatory participation of the representative of respective oblast and Bishkek city election commissions. At elections of the president of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic the appeal shall be brought to the Supreme Court of the Kyrgyz Republic with mandatory participation of the representative of the Central Elections Commission.

Supervisory appeal against the court decision shall be filed with the respective court, which passed the decision. Submission of the appeal directly to the superior level court of the Kyrgyz Republic shall not hinder consideration of the appeal.

In case if the supervisory appeal is accepted for consideration, the election commission shall halt its implementation of the verdict issued by the district (city) court.

A decision of the superior level court of the Kyrgyz Republic shall enter into force from the moment it was passed, and shall be final and not subject to appeal.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7, December 29th 2004 year, No.195)