Decree on measures to ensure holding of free, fair and transparent elections of deputies of the Parliament on November 28, 2021 has been signed. President’s website reports.
«In accordance with the legislation on elections, the activities of all election commissions, state bodies, local state administrations, local self-government bodies and their officials during the preparation and holding of elections should be aimed at the free choice of this or that candidate, a party list,» the decree says.
In addition, it stipulates special measures to exclude any form of pressure on citizens, coercion to participation or non-participation in elections.
Thus, the Cabinet of Ministers, heads of law enforcement agencies, Presidential Envoys to the regions, heads of local state administrations, mayors of Bishkek and Osh cities, heads of local government bodies were instructed to strictly comply with the requirements of the electoral legislation, establishing the corresponding responsibilities and restrictions for state and municipal employees during the preparation and holding of elections of deputies of the Parliament. They must also ensure the possibility of free campaigning by citizens of the country, candidates, political parties, their authorized representatives and their proxies, provided for by the constitutional law on elections.
The President banned the interference of officials of the executive authorities, law enforcement agencies, local state administrations and local government bodies in the activities of election commissions. He also instructed to provide candidates and political parties with equal conditions for access to state media.
State and municipal employees are prohibited from participating in election campaigns, using the advantages of their official position in favor of any candidates and political parties.
In addition, the decree imposes a ban on the involvement of teachers and students of educational institutions, teachers and students of higher educational institutions, employees of social security agencies, personnel of medical institutions, employees of other state and municipal organizations, institutions and enterprises serving the population, in the election campaign in favor of any candidates and political parties.
Sadyr Japarov ordered to immediately bring to disciplinary responsibility and, if necessary, to dismiss from their posts the heads and officials of executive authorities, law enforcement agencies, local state administrations and local government bodies, employees of subordinate organizations, institutions and enterprises illegally participating in the election campaign and taking advantage of their official position in favor of candidates and political parties.
The decree also recommends the Central Commission for Elections and Referendums to take the necessary measures to implement the strictest control over the observance of electoral rights of citizens, the implementation of the provisions of the constitutional law on elections, ensure their uniform application by election commissions, and conduct explanatory work on the application of the norms of electoral legislation.
During the preparation and holding of elections, the Prosecutor General’s Office was instructed to ensure effective prosecutor’s supervision over the implementation of the constitutional law on elections, to seek timely detection and prevention of violations of election legislation, no matter who they come from. The state agency must also conduct supervision constantly and independently over the receipt of statements and reports of violations of the law.
The prosecutor’s response measures should be promptly taken in accordance with the procedure established by law on each revealed fact of violation of the electoral legislation.
The Prosecutor General’s Office, in cooperation with the Ministry of Internal Affairs and the State Committee for National Security, should ensure prompt consideration of applications and complaints from voters, authorized representatives and proxies of candidates, political parties on decisions and (or) actions (inaction) of state and other bodies, their officials, and other participants of the electoral process, who violate the electoral rights of citizens, provisions of the legislation on elections. It is also ordered to intensify prosecutorial supervision over the implementation of laws on countering political extremism, encroachments on the constitutional order, incitement of racial, interethnic, social or religious hatred, propaganda of violence and war.
The Supreme Court was recommended to take the necessary measures to ensure the timely consideration of all applications and complaints received by the participants in the electoral process during the preparation and holding of elections and to determine a unified judicial practice when considering electoral disputes.
The Ministry of Foreign Affairs, Foreign Trade and Investment, with the participation of the Central Commission for Elections and Referendums, was instructed to take the necessary measures to ensure the expanded participation of international observers from foreign states and international organizations to monitor the electoral process and to assist them in exercising their powers.
