Kyrgyzstan
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). Chapter IV. Financial and material support of activities political parties Article 16. Financing of the activities of political parties The activities of political parties are funded by these parties without allocated appropriations from the state budget, with the exception of funding for election campaigns in accordance with law on the election of deputies. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). IX. CAMPAIGN FINANCE Political parties can fund their campaign from their own resources and those of their candidates, as well as from donations from citizens and legal entities. The law sets limits on the amounts of campaign contributions and expenditures, which were significantly increased compared to previous elections. The campaign spending limit was increased fivefold to KGS 500 million. Cash donations are prohibited and campaign funds must be channelled through special bank accounts, opened by political parties for the elections. Parties do not receive direct public funding. (OSCE/ODIHR Election Observation Mission Final Report, Kyrgyz Republic Parliamentary Elections, 4 October 2015, available at http://www.osce.org/odihr/elections/kyrgyzstan/219186?download=true accessed February 2018). |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). VIII. CAMPAIGN ENVIRONMENT AND CAMPAIGN FINANCE [...] Election campaigns may be financed from candidates’ own contributions, as well as by donations from citizens and legal entities. Candidates do not receive public funding. In June, the limits for own contributions and for donations for election campaigns were significantly increased, while the limit on campaign spending was removed from the law. Candidates are required by law to open designated bank accounts where all campaign funding should be transferred. All expenses related to their candidacy and campaign should be paid from this account. The CEC publishes on a weekly basis the total amount of income, expenditure and balance on these accounts. The electoral law does not require disclosure of sources of campaign finance. The CEC issued an instruction, which provides for interim reports of campaign revenues and expenditures to be sent to the CEC no later than 10 days prior to election day, and final campaign finance reports within 10 days after election day. These reports are audited by the CEC audit group led by a CEC member to oversee compliance with campaign finance rules. There is no requirement to publish audit results. (OSCE Office for Democratic Institutions and Human Rights, International Election Observation Mission, Kyrgyz Republic, Presidential Election, 15 October 2017, Statement of Preliminary Findings And Conclusions available at http://www.osce.org/odihr/elections/kyrgyzstan/350001?download=true accessed February 2018). |
3. Is there a ban on corporate donations to political parties? |
Code
No
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Ban applies to voluntary donations from legal entities that have a state or municipal share in their charter capital. Ban also applies to legal entities and physical persons carrying out their business activity without the establishment of a legal entity, that have indebtedness to the state budget or the Social Fund of the Kyrgyz Republic. Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Source
Chapter IV. Financial and material support of activities political parties Article 16. Financing of the activities of political parties The activities of political parties are funded by these parties without allocated appropriations from the state budget, with the exception of funding for election campaigns in accordance with law on the election of deputies. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). IX. CAMPAIGN FINANCE Political parties can fund their campaign from their own resources and those of their candidates, as well as from donations from citizens and legal entities. The law sets limits on the amounts of campaign contributions and expenditures, which were significantly increased compared to previous elections. The campaign spending limit was increased fivefold to KGS 500 million. Cash donations are prohibited and campaign funds must be channelled through special bank accounts, opened by political parties for the elections. Parties do not receive direct public funding. (OSCE/ODIHR Election Observation Mission Final Report, Kyrgyz Republic Parliamentary Elections, 4 October 2015, available at http://www.osce.org/odihr/elections/kyrgyzstan/219186?download=true accessed February 2018). Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). VIII. CAMPAIGN ENVIRONMENT AND CAMPAIGN FINANCE [...] Election campaigns may be financed from candidates’ own contributions, as well as by donations from citizens and legal entities. Candidates do not receive public funding. In June, the limits for own contributions and for donations for election campaigns were significantly increased, while the limit on campaign spending was removed from the law. Candidates are required by law to open designated bank accounts where all campaign funding should be transferred. All expenses related to their candidacy and campaign should be paid from this account. The CEC publishes on a weekly basis the total amount of income, expenditure and balance on these accounts. The electoral law does not require disclosure of sources of campaign finance. The CEC issued an instruction, which provides for interim reports of campaign revenues and expenditures to be sent to the CEC no later than 10 days prior to election day, and final campaign finance reports within 10 days after election day. These reports are audited by the CEC audit group led by a CEC member to oversee compliance with campaign finance rules. There is no requirement to publish audit results. (OSCE Office for Democratic Institutions and Human Rights, International Election Observation Mission, Kyrgyz Republic, Presidential Election, 15 October 2017, Statement of Preliminary Findings And Conclusions available at http://www.osce.org/odihr/elections/kyrgyzstan/350001?download=trueaccessed February 2018). |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: [...] - anonymous donations. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: [...] - anonymous donations. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). Chapter IV. Financial and material support of activities political parties Article 16. Financing of the activities of political parties The activities of political parties are funded by these parties without allocated appropriations from the state budget, with the exception of funding for election campaigns in accordance with law on the election of deputies. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). IX. CAMPAIGN FINANCE Political parties can fund their campaign from their own resources and those of their candidates, as well as from donations from citizens and legal entities. The law sets limits on the amounts of campaign contributions and expenditures, which were significantly increased compared to previous elections. The campaign spending limit was increased fivefold to KGS 500 million. Cash donations are prohibited and campaign funds must be channelled through special bank accounts, opened by political parties for the elections. Parties do not receive direct public funding. (OSCE/ODIHR Election Observation Mission Final Report, Kyrgyz Republic Parliamentary Elections, 4 October 2015, available at http://www.osce.org/odihr/elections/kyrgyzstan/219186?download=true accessed February 2018). |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). Chapter IV. Financial and material support of activities political parties Article 16. Financing of the activities of political parties The activities of political parties are funded by these parties without allocated appropriations from the state budget, with the exception of funding for election campaigns in accordance with law on the election of deputies. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). IX. CAMPAIGN FINANCE Political parties can fund their campaign from their own resources and those of their candidates, as well as from donations from citizens and legal entities. The law sets limits on the amounts of campaign contributions and expenditures, which were significantly increased compared to previous elections. The campaign spending limit was increased fivefold to KGS 500 million. Cash donations are prohibited and campaign funds must be channelled through special bank accounts, opened by political parties for the elections. Parties do not receive direct public funding. (OSCE/ODIHR Election Observation Mission Final Report, Kyrgyz Republic Parliamentary Elections, 4 October 2015, available at http://www.osce.org/odihr/elections/kyrgyzstan/219186?download=true accessed February 2018). |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). Chapter IV. Financial and material support of activities political parties Article 16. Financing of the activities of political parties The activities of political parties are funded by these parties without allocated appropriations from the state budget, with the exception of funding for election campaigns in accordance with law on the election of deputies. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). IX. CAMPAIGN FINANCE Political parties can fund their campaign from their own resources and those of their candidates, as well as from donations from citizens and legal entities. The law sets limits on the amounts of campaign contributions and expenditures, which were significantly increased compared to previous elections. The campaign spending limit was increased fivefold to KGS 500 million. Cash donations are prohibited and campaign funds must be channelled through special bank accounts, opened by political parties for the elections. Parties do not receive direct public funding. (OSCE/ODIHR Election Observation Mission Final Report, Kyrgyz Republic Parliamentary Elections, 4 October 2015, available at http://www.osce.org/odihr/elections/kyrgyzstan/219186?download=true accessed February 2018). |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). VIII. CAMPAIGN ENVIRONMENT AND CAMPAIGN FINANCE [...] Election campaigns may be financed from candidates’ own contributions, as well as by donations from citizens and legal entities. Candidates do not receive public funding. In June, the limits for own contributions and for donations for election campaigns were significantly increased, while the limit on campaign spending was removed from the law. Candidates are required by law to open designated bank accounts where all campaign funding should be transferred. All expenses related to their candidacy and campaign should be paid from this account. The CEC publishes on a weekly basis the total amount of income, expenditure and balance on these accounts. The electoral law does not require disclosure of sources of campaign finance. The CEC issued an instruction, which provides for interim reports of campaign revenues and expenditures to be sent to the CEC no later than 10 days prior to election day, and final campaign finance reports within 10 days after election day. These reports are audited by the CEC audit group led by a CEC member to oversee compliance with campaign finance rules. There is no requirement to publish audit results. (OSCE Office for Democratic Institutions and Human Rights, International Election Observation Mission, Kyrgyz Republic, Presidential Election, 15 October 2017, Statement of Preliminary Findings And Conclusions available at http://www.osce.org/odihr/elections/kyrgyzstan/350001?download=trueaccessed February 2018). |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
A ban on candidates holding government or municipal positions, or managerial positions of state and municipal enterprises to use state resources for their campaigning. The abuse of official or service position shall mean the following:: - premises - vehicles - telephone and other communication and information services, as well as organizational equipment - the engagement of state/municipal employees - priviliged access to the media There is also a requirement for the media not to give preference to any candidate or political party. Source
Article 21 Status of candidates 2. Candidates holding state and municipal positions as well as positions of heads of state and municipal enterprises and institutions, agencies with the state (municipal) share of more than 30% and their branch offices, may not take advantage of their official capacity or employment status. 3. According to this Constitutional Law, taking advantage of official capacity or employment status implies the following: 1) involvement of subordinates or dependent officers, or other government and municipal officers on duty into activities promoting the nomination and (or) election processes; 2) use of premises occupied by state power bodies or local governments for nomination and (or) election purposes where other candidates cannot use the same premises under the same terms and conditions; 3) use of telephone, fax and other communication means, information services, office equipment ensuring functioning of state institutions or local governments for the purposes of nomination and (or) election; 4) free or privileged use of the vehicles belonging to the state and local government bodies for the purposes of nomination or election; 5) collecting signatures and conducting election campaign by state or municipal officials during their business trips; 6) superiority in getting access to mass media (compared to other candidates) for the purpose of collecting signatures or campaigning. Article 22 Provision of information to voters and holding of election campaign 3. The content of information published in mass media or otherwise disseminated must be unbiased and true, provide for equality of candidates or political parties with no superiority given to any candidates or political parties. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
Source
Article 62. Election fund of political parties submitting the list of nominated candidates 2. Election funds may be established based on the following funds and campaigning and information materials, which are taken into account by the Central Election Commission: 1) the own funds of the candidate included into the candidates’ list; the fund may not exceed the estimated index more than 5000 times; 2) the own funds of a political party, which may not exceed the estimated index more than 200000 times; 3) donations from individuals; the amount may not exceed the estimated index more than 1000 times; 4) contributions of legal entities; the amount may not exceed the estimated index more than 5000 times. The maximum expenditure amount of a political party, which nominated a candidates’ list using its election fund, may not exceed the estimated index more than 1000000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). Article 17. Sources of financial resources of political parties Financial means of political parties are formed through membership fees, voluntary donations, credits, revenues from property, from events, dissemination of printed materials and publications, as well as other incomes, not prohibited by law. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
natural persons - the amount may not exceed the estimated index more than 1000 times; legal persons - the amount may not exceed the estimated index more than 5000 times.
Source
Article 62. Election fund of political parties submitting the list of nominated candidates 2. Election funds may be established based on the following funds and campaigning and information materials, which are taken into account by the Central Election Commission: 1) the own funds of the candidate included into the candidates’ list; the fund may not exceed the estimated index more than 5000 times; 2) the own funds of a political party, which may not exceed the estimated index more than 200000 times; 3) donations from individuals; the amount may not exceed the estimated index more than 1000 times; 4) contributions of legal entities; the amount may not exceed the estimated index more than 5000 times. The maximum expenditure amount of a political party, which nominated a candidates’ list using its election fund, may not exceed the estimated index more than 1000000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
natural persons - the amount may not exceed the estimated index more than 1000 times; legal persons - the amount may not exceed the estimated index more than 5000 times.
Source
Article 62. Election fund of political parties submitting the list of nominated candidates 2. Election funds may be established based on the following funds and campaigning and information materials, which are taken into account by the Central Election Commission: 1) the own funds of the candidate included into the candidates’ list; the fund may not exceed the estimated index more than 5000 times; 2) the own funds of a political party, which may not exceed the estimated index more than 200000 times; 3) donations from individuals; the amount may not exceed the estimated index more than 1000 times; 4) contributions of legal entities; the amount may not exceed the estimated index more than 5000 times. The maximum expenditure amount of a political party, which nominated a candidates’ list using its election fund, may not exceed the estimated index more than 1000000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Source
Article 62. Election fund of political parties submitting the list of nominated candidates 2. Election funds may be established based on the following funds and campaigning and information materials, which are taken into account by the Central Election Commission: 1) the own funds of the candidate included into the candidates’ list; the fund may not exceed the estimated index more than 5000 times; 2) the own funds of a political party, which may not exceed the estimated index more than 200000 times; 3) donations from individuals; the amount may not exceed the estimated index more than 1000 times; 4) contributions of legal entities; the amount may not exceed the estimated index more than 5000 times. The maximum expenditure amount of a political party, which nominated a candidates’ list using its election fund, may not exceed the estimated index more than 1000000 times. Article 54 Election fund of the candidate for presidency 2. Election funds may be established by means of the following funds and campaigning and information materials of agitation and informational nature, which are taken into account by the Central Election Commission: 1) candidate’s own funds, which may not exceed the estimated index more than 15000 times; 2) funds allocated to the candidate of a political party, which may not exceed the estimated index more than 50000 times; 3) voluntary donations from individuals, whose amount may not exceed the estimated index more than 50 times; 4) voluntary contributions of legal entities, whose amount may not exceed the estimated index more than 5000 times. 3. The maximum amount of candidate's expenditures from the election fund may not exceed the estimated index more than 500000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
natural persons - the amount may not exceed the estimated index more than 1000 times; legal persons - the amount may not exceed the estimated index more than 5000 times.
Source
Article 62. Election fund of political parties submitting the list of nominated candidates 2. Election funds may be established based on the following funds and campaigning and information materials, which are taken into account by the Central Election Commission: 1) the own funds of the candidate included into the candidates’ list; the fund may not exceed the estimated index more than 5000 times; 2) the own funds of a political party, which may not exceed the estimated index more than 200000 times; 3) donations from individuals; the amount may not exceed the estimated index more than 1000 times; 4) contributions of legal entities; the amount may not exceed the estimated index more than 5000 times. The maximum expenditure amount of a political party, which nominated a candidates’ list using its election fund, may not exceed the estimated index more than 1000000 times. Article 54 Election fund of the candidate for presidency 2. Election funds may be established by means of the following funds and campaigning and information materials of agitation and informational nature, which are taken into account by the Central Election Commission: 1) candidate’s own funds, which may not exceed the estimated index more than 15000 times; 2) funds allocated to the candidate of a political party, which may not exceed the estimated index more than 50000 times; 3) voluntary donations from individuals, whose amount may not exceed the estimated index more than 50 times; 4) voluntary contributions of legal entities, whose amount may not exceed the estimated index more than 5000 times. 3. The maximum amount of candidate's expenditures from the election fund may not exceed the estimated index more than 500000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, specific limit for candidates
Comment
Article 62. Election fund of political parties submitting the list of nominated candidates 2. Election funds may be established based on the following funds and campaigning and information materials, which are taken into account by the Central Election Commission: 1) the own funds of the candidate included into the candidates’ list; the fund may not exceed the estimated index more than 5000 times; 2) the own funds of a political party, which may not exceed the estimated index more than 200000 times; 3) donations from individuals; the amount may not exceed the estimated index more than 1000 times; 4) contributions of legal entities; the amount may not exceed the estimated index more than 5000 times. The maximum expenditure amount of a political party, which nominated a candidates’ list using its election fund, may not exceed the estimated index more than 1000000 times. Article 54 Election fund of the candidate for presidency 2. Election funds may be established by means of the following funds and campaigning and information materials of agitation and informational nature, which are taken into account by the Central Election Commission: 1) candidate’s own funds, which may not exceed the estimated index more than 15000 times; 2) funds allocated to the candidate of a political party, which may not exceed the estimated index more than 50000 times; 3) voluntary donations from individuals, whose amount may not exceed the estimated index more than 50 times; 4) voluntary contributions of legal entities, whose amount may not exceed the estimated index more than 5000 times. 3. The maximum amount of candidate's expenditures from the election fund may not exceed the estimated index more than 500000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Source
Article 17. Sources of formation of financial means for political parties The financial resources of political parties are formed at the expense of Membership fees, voluntary donations, loans, income from from events, distribution of printed material and publications, as well as other income not prohibited by law. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Source
Article 41 Electoral funds [...] 3. Voluntary donations to electoral funds are prohibited from: - foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities; - persons without citizenship; - state bodies and local governments; - state and municipal institutions and enterprises; - legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments; - military units, military establishments and organizations; - law enforcement bodies, courts; - organizations engaged in charitable activity; - religious organizations; - anonymous donations. Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). Chapter IV. Financial and material support of activities political parties Article 16. Financing of the activities of political parties The activities of political parties are funded by these parties without allocated appropriations from the state budget, with the exception of funding for election campaigns in accordance with law on the election of deputies. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Source
Article 41 Electoral funds 5. All resources forming the electoral fund shall be transferred to a special account in a bank or another institution. This account shall be opened by a candidate or political party by authority of the Central Election Commission. Resources transferred to the electoral funds shall be accepted only in the national currency. No proceeds shall be accrued or paid on those accounts. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
No public funding available
Source
Article 41 Electoral funds [...] 2. Electoral fund of a candidate or political party can be established from the following funds: - candidate’s or political party’s own funds; - voluntary donations of citizens and legal entities with an exception for the persons specified in item 3 of this Article. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). Article 17. Sources of formation of financial means for political parties The financial resources of political parties are formed at the expense of Membership fees, voluntary donations, loans, income from from events, distribution of printed material and publications, as well as other income not prohibited by law. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018).
|
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Not applicable
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Not applicable
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Not applicable
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
- Right to free air time on public television and radio channels. - Right to free space in public printed media. Source
Chapter V Information support of elections Article 22 Provision of information to voters and holding of election campaign [...] 18. Mass media, whose founder or co-founders are state power bodies and local governments or their subordinated agencies and enterprises, which are fully or partially funded by the republican budget or local budgets, or mass media with tax and other mandatory payment privileges as compared to other mass media, must provide equal opportunities to candidates and political parties for election campaigning. Article 25 Election campaign via print media 1. Periodical printed mass media that fall under item 18 of Article 22 hereof and are disseminated in the territory of the elections, except for the newspapers founded by state power bodies and local governments exceptionally for publication of official information and materials, normative and other legal acts, must allocate free space no less than one A 4 format page in print mass media, to candidates and political parties. As for specialized print media (children’s, technical, scientific and others), they may refuse publishing any campaigning materials provided they are fully out of any form of campaigning. Article 24 Election campaign via TV and radio 1. Candidates and political parties nominating list of candidates shall have the right to get free air time on the TV and radio channels that fall under item 18, Article 22 hereof and broadcast within the territory of the elections. The mentioned air time should be provided in the period, when TV and radio programs gather the largest audience, namely between 8 pm – 12 pm. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Source
Article 24 Election campaign via TV and radio 2. The total volume of free air time allocated by the state TV and radio company for the purposes of presidential and Jogorku Kenesh campaigning must be at least one hour on working days. The mentioned free air time should be distributed on an equal basis among the registered candidates and political parties nominating list of candidates that have shown up for broadcast. Article 25 Election campaign via print media 1. Periodical printed mass media that fall under item 18 of Article 22 hereof and are disseminated in the territory of the elections, except for the newspapers founded by state power bodies and local governments exceptionally for publication of official information and materials, normative and other legal acts, must allocate free space no less than one A 4 format page in print mass media, to candidates and political parties. As for specialized print media (children’s, technical, scientific and others), they may refuse publishing any campaigning materials provided they are fully out of any form of campaigning. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Right to free air time on public television and radio channels. Right to free space in public printed media. Source
Chapter V Information support of elections Article 22 Provision of information to voters and holding of election campaign [...] 18. Mass media, whose founder or co-founders are state power bodies and local governments or their subordinated agencies and enterprises, which are fully or partially funded by the republican budget or local budgets, or mass media with tax and other mandatory payment privileges as compared to other mass media, must provide equal opportunities to candidates and political parties for election campaigning. Article 25 Election campaign via print media 1. Periodical printed mass media that fall under item 18 of Article 22 hereof and are disseminated in the territory of the elections, except for the newspapers founded by state power bodies and local governments exceptionally for publication of official information and materials, normative and other legal acts, must allocate free space no less than one A 4 format page in print mass media, to candidates and political parties. As for specialized print media (children’s, technical, scientific and others), they may refuse publishing any campaigning materials provided they are fully out of any form of campaigning. Article 24 Election campaign via TV and radio 1. Candidates and political parties nominating list of candidates shall have the right to get free air time on the TV and radio channels that fall under item 18, Article 22 hereof and broadcast within the territory of the elections. The mentioned air time should be provided in the period, when TV and radio programs gather the largest audience, namely between 8 pm – 12 pm. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Right to state assistance with organizing meeting, debates, demonstrations and other kinds of mass events. Source
Article 26 Election campaign via public events 1. State power bodies and local governments must assist candidates and political parties in organizing assemblies and meetings with citizens, public debates and discussions, meetings, demonstrations and marches and ensure security of public events. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
Article 47 Responsibility for infringement of citizens’ electoral rights Criminal, administrative or other responsibility in conformity with the laws of the Kyrgyz Republic shall be borne by the persons, who: 1) by force, fraud, threats, forgery or otherwise impede free exercise by Kyrgyz Republic citizen of the right to elect and be elected, or violate secrecy of election, or infringe the rights of citizens to get familiarized with the voters’ register, or force citizens to put signatures in support of a candidate (or prevent from doing so) or participate in forgery of signatures, or bribe voters; (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Source
Article 62. Election fund of political parties submitting the list of nominated candidates [...] The maximum expenditure amount of a political party, which nominated a candidates’ list using its election fund, may not exceed the estimated index more than 1000000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not exceeded the estimated index more than 1 000 000 times.
Source
Article 62. Election fund of political parties submitting the list of nominated candidates [...] The maximum expenditure amount of a political party, which nominated a candidates’ list using its election fund, may not exceed the estimated index more than 1000000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
There is a limit on the amount a presidential candidate can spend. Source
Article 41 Electoral funds 1. Citizens, from the time of their nomination as candidates and until provision of documents for registration, shall establish their own electoral funds for financing of the election campaign. A political party, which has nominated a list of candidates, shall establish an electoral fund within five calendar days after registration by the election commission of the authorized representative of the political party for financial issues to finance its election campaign pursuant to the procedure established by articles 54 and 62 hereof. In case of an official refusal to register a candidate or a list of candidates, the resources received by the electoral fund shall be returned to the organizations and persons who provided donations and made transfers. Candidates and political parties, which nominated a list of candidates after the registration shall continue maintaining open accounts of their electoral funds for funding of the election campaign. Candidates, running as a part of the list of candidates, shall not be entitled to create their own electoral funds. Article 54 Election fund of the candidate for presidency 3. The maximum amount of candidate's expenditures from the election fund may not exceed the estimated index more than 500000 times. Article 60 Procedure of nominating candidate for deputy lists 2. The right to nominate candidates for Jogorku Kenesh deputies shall belong to political parties, which were officially registered and/or reregistered in the established manner as of the date of official publication of the decision on calling of the election. The state executive power body authorized to perform political parties’ state registration shall form a list of the registered political parties and within 3 calendar days after the decision on calling of the election came into force it shall arrange for publication of the list in the official publications of the regulatory acts of the Kyrgyz Republic with the indication of the leader of each political party. The list shall be forwarded to the Central Election Commission within the same period. The decision on nomination of the list of candidates shall be made by secret ballot at a political party congress. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not exceeding the estimated index more than 500 000 times.
Source
Article 54 Election fund of the candidate for presidency 3. The maximum amount of candidate's expenditures from the election fund may not exceed the estimated index more than 500000 times. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Source
Chapter V Information support of elections Article 22 Provision of information to voters and holding of election campaign [...] 18. Mass media, whose founder or co-founders are state power bodies and local governments or their subordinated agencies and enterprises, which are fully or partially funded by the republican budget or local budgets, or mass media with tax and other mandatory payment privileges as compared to other mass media, must provide equal opportunities to candidates and political parties for election campaigning. Article 25 Election campaign via print media 1. Periodical printed mass media that fall under item 18 of Article 22 hereof and are disseminated in the territory of the elections, except for the newspapers founded by state power bodies and local governments exceptionally for publication of official information and materials, normative and other legal acts, must allocate free space no less than one A 4 format page in print mass media, to candidates and political parties. As for specialized print media (children’s, technical, scientific and others), they may refuse publishing any campaigning materials provided they are fully out of any form of campaigning. Article 24 Election campaign via TV and radio 1. Candidates and political parties nominating list of candidates shall have the right to get free air time on the TV and radio channels that fall under item 18, Article 22 hereof and broadcast within the territory of the elections. The mentioned air time should be provided in the period, when TV and radio programs gather the largest audience, namely between 8 pm – 12 pm. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Source
IX. CAMPAIGN FINANCE The CEC set up an audit group led by a CEC member to oversee compliance with campaign finance rules. Banks are required to provide the CEC with party financial information and the CEC regularly published the total amounts of incomes and expenditures for each party prior to election day. In line with the law, all parties submitted an interim report to the CEC with a breakdown of contributions and expenditures by category, which the CEC published on 24 September. However, the parties are not obliged to disclose the sources and individual amounts of contributions before election day. Based on the audit group’s findings, the CEC issued formal warnings to Aalam, Bir Bol, and the Congress of Peoples of Kyrgyzstan for making campaign finance transactions in cash. Parties are also required to submit a final financial report within 10 days after election day. However, there is no sanction should a party not submit the report. At the time of publication of this report, the CEC had not published parties’ final financial reports and the law does not oblige the CEC to do so, which limits the transparency of campaign finance rules. To enhance campaign finance transparency, interim reports prior to election day could include information on the sources and amounts of contributions and the publication of final reports after the elections should be mandatory. The law could be amended to introduce effective, proportionate, and dissuasive sanctions for non-compliance and potential infringements. (OSCE/ODIHR Election Observation Mission Final Report, Kyrgyz Republic Parliamentary Elections, 4 October 2015, available at http://www.osce.org/odihr/elections/kyrgyzstan/219186?download=true accessed February 2018). |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
Article 42 Expenditure control of the funds allocated for elections, of the candidates’ electoral funds and those of political parties [...] 6. Upon a written instruction of the Central Election Commission the audit group shall: 1) check financial statements of candidates, political parties and subordinate election commissions; (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). IX. CAMPAIGN FINANCE The CEC set up an audit group led by a CEC member to oversee compliance with campaign finance rules. Banks are required to provide the CEC with party financial information and the CEC regularly published the total amounts of incomes and expenditures for each party prior to election day. In line with the law, all parties submitted an interim report to the CEC with a breakdown of contributions and expenditures by category, which the CEC published on 24 September. However, the parties are not obliged to disclose the sources and individual amounts of contributions before election day. Based on the audit group’s findings, the CEC issued formal warnings to Aalam, Bir Bol, and the Congress of Peoples of Kyrgyzstan for making campaign finance transactions in cash. Parties are also required to submit a final financial report within 10 days after election day. However, there is no sanction should a party not submit the report. At the time of publication of this report, the CEC had not published parties’ final financial reports and the law does not oblige the CEC to do so, which limits the transparency of campaign finance rules. To enhance campaign finance transparency, interim reports prior to election day could include information on the sources and amounts of contributions and the publication of final reports after the elections should be mandatory. The law could be amended to introduce effective, proportionate, and dissuasive sanctions for non-compliance and potential infringements. (OSCE/ODIHR Election Observation Mission Final Report, Kyrgyz Republic Parliamentary Elections, 4 October 2015, available at http://www.osce.org/odihr/elections/kyrgyzstan/219186?download=trueaccessed February 2018). |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
Article 60 Procedure of nominating candidate for deputy lists 2. The right to nominate candidates for Jogorku Kenesh deputies shall belong to political parties, which were officially registered and/or reregistered in the established manner as of the date of official publication of the decision on calling of the election. Article 42 Expenditure control of the funds allocated for elections, of the candidates’ electoral funds and those of political parties 6. Upon a written instruction of the Central Election Commission the audit group shall: 1) check financial statements of candidates, political parties and subordinate election commissions; (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). VIII. CAMPAIGN ENVIRONMENT AND CAMPAIGN FINANCE Candidates are required by law to open designated bank accounts where all campaign funding should be transferred. All expenses related to their candidacy and campaign should be paid from this account. The CEC publishes on a weekly basis the total amount of income, expenditure and balance on these accounts.The electoral law does not require disclosure of sources of campaign finance. The CEC issued an instruction, which provides for interim reports of campaign revenues and expenditures to be sent to the CEC no later than 10 days prior to election day, and final campaign finance reports within 10 days after election day. These reports are audited by the CEC audit group led by a CEC member to oversee compliance with campaign finance rules. There is no requirement to publish audit results. (OSCE Office for Democratic Institutions and Human Rights, International Election Observation Mission, Kyrgyz Republic, Presidential Election, 15 October 2017, Statement of Preliminary Findings And Conclusions available at http://www.osce.org/odihr/elections/kyrgyzstan/350001?download=true accessed February 2018). |
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
IX. CAMPAIGN FINANCE The CEC set up an audit group led by a CEC member to oversee compliance with campaign finance rules. Banks are required to provide the CEC with party financial information and the CEC regularly published the total amounts of incomes and expenditures for each party prior to election day. In line with the law, all parties submitted an interim report to the CEC with a breakdown of contributions and expenditures by category, which the CEC published on 24 September. However, the parties are not obliged to disclose the sources and individual amounts of contributions before election day. Based on the audit group’s findings, the CEC issued formal warnings to Aalam, Bir Bol, and the Congress of Peoples of Kyrgyzstan for making campaign finance transactions in cash. Parties are also required to submit a final financial report within 10 days after election day. However, there is no sanction should a party not submit the report. At the time of publication of this report, the CEC had not published parties’ final financial reports and the law does not oblige the CEC to do so, which limits the transparency of campaign finance rules. To enhance campaign finance transparency, interim reports prior to election day could include information on the sources and amounts of contributions and the publication of final reports after the elections should be mandatory. The law could be amended to introduce effective, proportionate, and dissuasive sanctions for non-compliance and potential infringements. (OSCE/ODIHR Election Observation Mission Final Report, Kyrgyz Republic Parliamentary Elections, 4 October 2015, available at http://www.osce.org/odihr/elections/kyrgyzstan/219186?download=true accessed February 2018). |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
Article 41 Electoral funds 16. 10 calendar days at the latest after the election, candidates and political parties shall have to submit a report to the Central Election Commission on the amounts and all sources of their fund and on all expenses. Electoral pledge shall be returned to candidates and political parties who received the necessary number of votes, after submitting the report on the amounts and all sources for creation of their fund and all expenses, to the Central Election Commission. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
Article 41 Electoral funds 16. 10 calendar days at the latest after the election, candidates and political parties shall have to submit a report to the Central Election Commission on the amounts and all sources of their fund and on all expenses. Electoral pledge shall be returned to candidates and political parties who received the necessary number of votes, after submitting the report on the amounts and all sources for creation of their fund and all expenses, to the Central Election Commission. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
Article 41 Electoral funds 16. 10 calendar days at the latest after the election, candidates and political parties shall have to submit a report to the Central Election Commission on the amounts and all sources of their fund and on all expenses. Electoral pledge shall be returned to candidates and political parties who received the necessary number of votes, after submitting the report on the amounts and all sources for creation of their fund and all expenses, to the Central Election Commission. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018). |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
The Central Election Commission (campaign finance) Ministry of Justice (annual reports) Source
Article 42 Expenditure control of the funds allocated for elections, of the candidates’ electoral funds and those of political parties 1. Control over the procedure of formation and spending of electoral funds of candidates and political parties shall be carried out by election commissions. 2. An audit group consisting of no more than 7 persons shall be established under the Central Election Commission to exercise control over targeted spending of the funds allocated from the republican budget to election commissions for preparation and conducting of elections and for control over the sources of funding, proper accounting and use of election funds of candidates and political parties, checking of financial statements of candidates and political parties. Organization and activity procedure of the audit group shall be specified by the Central Election Commission. 6. Upon a written instruction of the Central Election Commission the audit group shall: 1) check financial statements of candidates, political parties and subordinate election commissions; (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
The Central Election Commission creates special control and audit group to monitor compliance with political finance regulations. Source
Article 42 Expenditure control of the funds allocated for elections, of the candidates’ electoral funds and those of political parties 1. Control over the procedure of formation and spending of electoral funds of candidates and political parties shall be carried out by election commissions. 2. An audit group consisting of no more than 7 persons shall be established under the Central Election Commission to exercise control over targeted spending of the funds allocated from the republican budget to election commissions for preparation and conducting of elections and for control over the sources of funding, proper accounting and use of election funds of candidates and political parties, checking of financial statements of candidates and political parties. Organization and activity procedure of the audit group shall be specified by the Central Election Commission. 6. Upon a written instruction of the Central Election Commission the audit group shall: 1) check financial statements of candidates, political parties and subordinate election commissions; 2) request and receive information about all issues within its competence from candidates, political parties and election commissions; 3) control observance of the established order of funding election campaigns, carry out other activities directly connected with election campaigns of candidates and political parties; 4) apply to state bodies, organizations irrespective of the form of ownership and to citizens on the issues assigned to the competence of the audit group, request the required information and materials, connected with financial support of elections. Responds to the requests of the audit group and materials shall be provided within a three-day period; anything requested by the group five or less days prior to the polling day shall be provided immediately; 5) develop documents on financial violations in the course of election funding; 6) raise questions to the appropriate election commission as to application of responsibility measures to candidates, political parties, and citizens' legal entities for violations made by them when funding the election campaign of candidates and political parties; 7) invite experts to make inspections, prepare conclusions and experts’ assessments. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Request additional information from potential violator
Request additional information from others
Source
Article 42 Expenditure control of the funds allocated for elections, of the candidates’ electoral funds and those of political parties 1. Control over the procedure of formation and spending of electoral funds of candidates and political parties shall be carried out by election commissions. 2. An audit group consisting of no more than 7 persons shall be established under the Central Election Commission to exercise control over targeted spending of the funds allocated from the republican budget to election commissions for preparation and conducting of elections and for control over the sources of funding, proper accounting and use of election funds of candidates and political parties, checking of financial statements of candidates and political parties. Organization and activity procedure of the audit group shall be specified by the Central Election Commission. 6. Upon a written instruction of the Central Election Commission the audit group shall: 1) check financial statements of candidates, political parties and subordinate election commissions; 2) request and receive information about all issues within its competence from candidates, political parties and election commissions; 3) control observance of the established order of funding election campaigns, carry out other activities directly connected with election campaigns of candidates and political parties; 4) apply to state bodies, organizations irrespective of the form of ownership and to citizens on the issues assigned to the competence of the audit group, request the required information and materials, connected with financial support of elections. Responds to the requests of the audit group and materials shall be provided within a three-day period; anything requested by the group five or less days prior to the polling day shall be provided immediately; 5) develop documents on financial violations in the course of election funding; 6) raise questions to the appropriate election commission as to application of responsibility measures to candidates, political parties, and citizens' legal entities for violations made by them when funding the election campaign of candidates and political parties; 7) invite experts to make inspections, prepare conclusions and experts’ assessments. (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). |
58. What sanctions are provided for political finance infractions? |
Code
Source
Article 41 Electoral funds 4. Resources transferred to the electoral funds of candidates and political parties, shall be estimated based on a salary index established by the law of the Kyrgyz Republic on the day of calling of the election. Funds received in excess of the established amount shall not be credited to the election fund and shall be returned to the citizens and organizations. Expenditures connected with return of such funds shall be covered by contributing citizens and organizations. In case of repeat voting, the total maximum amount of all expenses of a candidate out of the electoral fund may be increased half as much again (Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdf accessed February 2018). Article 14 The state body, having registered the political party, may suspend the activities of this party for up to two months for actions that go beyond the goals and objectives defined by its charter, or violate the law. (Law of the Kyrgyz Republic on Political Parties, 1999, available at http://cbd.minjust.gov.kg/act/view/ky-kg/215 accessed February 2018). |