Kyrgyzstan
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
"Voluntary donations to the electoral funds from foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representative offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities, are prohibited; " It is prohibited to finance the activities of parties by foreign states, foreign parties, as well as legal entities and individuals of foreign states. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
"Voluntary donations to the electoral funds from foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representative offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities, are prohibited; " |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
It is prohibited to donate to the electoral fund of a candidate or political party by legal entities, individuals carrying out entrepreneurial activities without forming a legal entity and having debts to the state budget or the Social Fund of the Kyrgyz Republic. Source
Source: Article 41.3, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
It is prohibited to donate to the electoral fund of a candidate or political party by legal entities, individuals carrying out entrepreneurial activities without forming a legal entity and having debts to the state budget or the Social Fund of the Kyrgyz Republic. Source
Source: Article 41.3, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
the Article indicated in the source list prohibited sources, trade unions are not mentioned. Source
Source: Article 41.3, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
the Article indicated in the source list prohibited sources, trade unions are not mentioned. Source
Source: Article 41.3, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
"Voluntary donations to electoral funds are prohibited: - anonymous donations (an anonymous donor means a citizen who has not indicated one of the following information: last name, first name, patronymic, residence address, passport data, and also if they have indicated false information about themselves)." |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
"Voluntary donations to electoral funds are prohibited: - anonymous donations (an anonymous donor means a citizen who has not indicated one of the following information: last name, first name, patronymic, residence address, passport data, and also if they have indicated false information about themselves)." |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
The Article 41.3 only mentions: legal entities that have a state or municipal share in the authorized capital, as well as enjoy privileges in the payment of taxes, fees and other mandatory payments are prohibited from giving donations. Source
Source: Article 41.3, Constitutional Law oOn elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
The Article 41.3 only mentions: legal entities that have a state or municipal share in the authorized capital, as well as enjoy privileges in the payment of taxes, fees and other mandatory payments are prohibited from giving donations. Source
Source: Article 41.3, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
"Voluntary donations to electoral funds from legal entities that have a state or municipal share in the authorized capital, as well as those who enjoy privileges in paying taxes, fees and other mandatory payments are prohibited" |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
"Voluntary donations to electoral funds from legal entities that have a state or municipal share in the authorized capital, as well as those who enjoy privileges in paying taxes, fees and other mandatory payments are prohibited" |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
No indication about abuse of state resources against a political party, mainly thre law describes types of ASR that are prohibited. Abuse of administrative resources is the misuse of human, financial, material, media, institutional resources by candidates, officials, heads of state and municipal organizations, members and founders of mass media and Internet publications in elections, obtained as a result of their control over state civil and municipal employees or employees of state, municipal enterprises, institutions, enterprises with a share of state (municipal) participation of more than 30 percent, over finances and their distribution, which can be transformed into political or other forms of support for certain candidates, political parties, violating the equality of all candidates .. Source
2. The types of abuse of administrative resources include: 1) attraction of persons subordinate or in any other service dependence, other state or municipal employees, employees of state or municipal educational organizations and health care institutions, employees of institutions and organizations financed from the republican and local budgets, employees of territorial public self-government for the implementation of activities, contributing to the nomination and (or) election of a candidate; 2) the use of premises occupied by state bodies or local self-government bodies for the implementation of activities conducive to nomination and (or) election, if other candidates cannot use the same premises on the same conditions; 3) the use of telephone, facsimile and other types of communication, information services, office equipment that ensure the functioning of state institutions or local authorities for the implementation of activities that contribute to the nomination and (or) election; 4) free or on preferential terms the use of vehicles that are in state or municipal ownership for the implementation of activities that contribute to the nomination and (or) election; 5) the collection of signatures, election campaigning by state or municipal employees, employees of institutions and organizations financed from the republican and local budgets, employees of territorial public self-government; 6) preferential access (in comparison with other candidates) to the media for the purpose of collecting signatures or pre-election campaigning; 7) propaganda performance during a mass (public) event organized by state bodies and (or) local self-government bodies, or with the participation of representatives of state bodies and (or) local self-government bodies; 8) promulgation during the election campaign in the media, in campaign printed materials of reports on the work done, distribution of congratulations and other materials on behalf of the candidate that were not paid from the funds of the relevant election fund. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
Comment
no provision for the non-election period. |
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
Source
Source: Article 62.2, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021. |
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
2. Election funds may be formed at the expense of the following funds, as well as campaign materials, which are taken into account by the Central Election Commission:
1) own funds of the candidate included in the list of candidates, which cannot exceed the calculated indicator by more than 15,000 times;
2) own funds of a political party, which cannot exceed the calculated indicator by more than 1,000,000 times;
3) donations from individuals, the amount of which cannot exceed the calculated indicator by more than 2000 times;
4) donations from legal entities, the amount of which cannot exceed the calculated indicator by more than 30,000 times. The maximum amount of funds received and spent from the electoral fund of a political party that has nominated a list of candidates cannot exceed the calculated indicator by more than 3,000,000 times.
A calculated indicator should be considered =100, meaning that each number is multiplied by 100 to get the amount in Kyrgyz Som (KGS).
Source
Source: Article 62.2, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Source
Source: Article 62-1.2, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021. |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
2. The electoral fund can be formed at the expense of the following funds, which are taken into account by the Central Election Commission:
1) the candidate's own funds, which cannot exceed the calculated indicator by more than 1500 times;
2) funds allocated to the candidate by the political party that has nominated him, which cannot exceed the calculated indicator by more than 10,000 times;
3) donations from individuals, the amount of which cannot exceed the calculated indicator by more than 2000 times;
4) donations from legal entities, the amount of which cannot exceed the calculated indicator by more than 5000 times.
The maximum amount of funds received and spent from the candidate's electoral fund cannot exceed the calculated indicator by more than 100,000 times.
A calculated indicator should be considered =100, meaning that each number is multiplied by 100 to get the amount in Kyrgyz Som (KGS).
Source
Source: Article 62-1.2, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021. |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, specific limit for candidates
Comment
as the electoral system is mixed, there are two types of limits: Source
Source: Article 62.2, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Election funds can be formed at the expense of monetary funds, as well as campaign materials, which are taken into account by the Central Election Commission.. Source
The maximum amount of funds received and spent from the electoral fund of a political party that has nominated a list of candidates cannot exceed the calculated indicator by more than 3,000,000 times. (to multiply by 100, to get the amount in Kyrgyz Som) |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
There is no provision that donations can only be given to candidates in the form of cash or monetary transfers, however, there is an overall limit for donations . Source
The maximum amount of funds received and spent from the candidate's electoral fund cannot exceed the calculated indicator by more than 100,000 times. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Source
Article 17. Sources of formation of financial resources of political parties Article 19. Use of income |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Source
Article 17. Sources of formation of financial resources of political parties Article 19. Use of income Source: Article 41, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Source
Source: Article 41, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Source
Source: Article 41, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
yes, if talking about election period. Source
5. All funds forming the electoral fund are transferred to a special account in a banking or other institution. This account is opened by a candidate, a political party with the permission of the Central Election Commission. Funds entering electoral funds should be accepted only in national currency. Income on these accounts is not accrued or paid. A candidate, political party may open only one special account of its electoral fund. |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
No public funding available
Comment
no mentioning of public funding neither in the Electoral Law, nor in the Political Parties Law. |
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
Source
Candidates, political parties that have nominated lists of candidates are entitled to free airtime on the channels of television and radio organizations. The indicated airtime should fall on the period when television and radio programs gather the largest audience - from 20 to 24 hours. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Article 24. Conducting election campaigning on television and radio 1. Candidates, political parties that have nominated lists of candidates have the right to provide them with free airtime on the channels of television and radio organizations falling within the scope of Part 18 of Article 22 of this Constitutional Law and broadcasting in the territory where elections are held. The specified airtime should fall on the period when television and radio programs gather the largest audience - from 8 pm to midnight. 2. The total volume of free airtime allocated by the state television and radio organization for campaigning at the elections of the President, deputies of the Jogorku Kenesh in a single electoral district must be at least one hour on working days. The specified free airtime is distributed among the registered candidates and those who have appeared for the program, political parties that have nominated lists of candidates on an equal basis. Article 25. 2. Print or Internet publications, regardless of their form of ownership, that provided print or electronic space to candidates, political parties, are obliged to provide other candidates, political parties with printed or electronic space on the same terms (the same prices, volume and other conditions). At the same time, the cost of printed or electronic space cannot exceed the cost that was charged 6 months before the date of the election. Source
Source: Article 24, 25, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
35. Are there provisions for any other form of indirect public funding? |
Code
No
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Not applicable
|
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
Comment
mentioned in the two articles of the law. Source
28. 2. From the moment of the appointment of elections, it is prohibited to bribe voters: to pay money; hand over gifts and other material values; conduct a preferential sale of goods; distribute any goods free of charge, with the exception of printed campaign materials, badges, T-shirts, hats, signs containing the symbols of the political party that has nominated the list of candidates, the image of the candidate in accordance with the list approved by the Central Election Commission; provide services free of charge or on preferential terms. Source: Article 28, 47, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
The maximum amount of funds received and spent from the electoral fund of a political party that has nominated a list of candidates cannot exceed the calculated indicator by more than 3,000,000 times. Source
Source: Article 62.2, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
The calculated indicator=100, 3000000*100=300,000,000 KGS
Source
Source: Article 62.2, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
The maximum amount of funds received and spent from the candidate's electoral fund cannot exceed the calculated indicator by more than 100,000 times.
Source
Source: Article 62-1. Election Fund of a Candidate for Deputies of the Jogorku Kenesh in Single-Mandate Constituencies, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
The calculated indicator=100, 100,000*100=10,000,000 KGS
Source
Source: Article 62-1. Election Fund of a Candidate for Deputies of the Jogorku Kenesh in Single-Mandate Constituencies, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
7. The right to dispose of electoral funds belongs to the candidates who created them, political parties and their authorized representatives. No mention of third parties. Source
Source: Article 41, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
|
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
Comment
The information provided implies electoral and non-electoral period. Source
Banking or other institutions are obliged to weekly, and at the request of the Central Election Commission, within 24 hours, to submit to the Central Election Commission information on the receipt and expenditure of funds in the special account of a candidate, political party. The specified information, as it becomes available, is subject to mandatory placement by the Central Election Commission on the official website, taking into account the legislation on personal data and bank secrecy. Article 22. Control over the activities of a political party |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
20. Candidates, political parties are obliged to keep records of the receipts and expenditures of their electoral funds and submit corresponding financial reports to the Central Election Commission. The procedure, terms and forms of financial reports are determined by the Central Election Commission. 21. Information on the receipt and expenditure of electoral funds, financial reports of candidates, political parties on the financing of electoral campaigns, information on the amount of received and returned funds from electoral deposits and the amount transferred to the state budget must be posted on the official website of the Central Election Commission, taking into account legislation on personal data and banking secrecy. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
20. Candidates, political parties are obliged to keep records of the receipts and expenditures of their electoral funds and submit corresponding financial reports to the Central Election Commission. The procedure, terms and forms of financial reports are determined by the Central Election Commission. 21. Information on the receipt and expenditure of electoral funds, financial reports of candidates, political parties on the financing of electoral campaigns, information on the amount of received and returned funds from electoral deposits and the amount transferred to the state budget must be posted on the official website of the Central Election Commission, taking into account legislation on personal data and banking secrecy. |
50. Do third parties have to report on election campaign finances? |
Code
No
Comment
No mention of third parties in the law. |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
Banking or other institutions are obliged to weekly, and at the request of the Central Election Commission, within 24 hours, to submit to the Central Election Commission information on the receipt and expenditure of funds in the special account of a candidate, political party. The specified information, as it becomes available, is subject to mandatory placement by the Central Election Commission on the official website, taking into account the legislation on personal data and bank secrecy. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
First name, Patronymic name, and Last name are indicated in the reports Source
Anonymous donations are prohibited |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
the report includes the following information: date of crediting funds to the account, Source of Income (from whom), purpose of payment (donations, personal funds etc), amount (som). Source
Source: reports done for the Presidential election on January 2021 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
The report includes the following information: date of crediting funds to the account, Source of Income (from whom), purpose of payment (donations, personal funds etc), amount (som). Reports done for the Presidential election on January 2021 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
The control and audit group includes: the head of the control and audit group, his deputy, members of the election commission appointed to the control and audit group, involved specialists from law enforcement, financial and other state bodies, organizations and institutions. These bodies, organizations and institutions, at the request of the Central Election Commission, no later than 15 calendar days from the date of the official publication of the decision on the appointment of elections, are obliged to send specialists to its disposal. Source
1. Control over the procedure for the formation and spending of funds from the election funds of candidates, political parties is carried out by election commissions. 2. To control the targeted spending of funds allocated from the republican budget to election commissions for the preparation and conduct of elections, as well as control over sources of income, correct accounting and use of funds from election funds of candidates, political parties, to check the financial reports of candidates, political parties a control and audit group is created under the Central Election Commission in the amount of at least 7 people. The procedure for organizing and operating the control and auditing group is determined by the Central Election Commission. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Source
6. The control and audit group, on the written instructions of the Central Election Commission: |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Request additional information from others
Source
6. The control and audit group, on the written instructions of the Central Election Commission: |
58. What sanctions are provided for political finance infractions? |
Code
Comment
Registration of a candidate is canceled (Article 46, Law on Elections) Deregistraion of party, suspension of political party - Articles 14, 15, Law on Political Parties
Source
Sources: Article 41, 46, 47, Constitutional Law On elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic, 2021 Article 14, 15, Law on Political Parties, 1999 |
