Now, according to Article 38 of the election law, new elections will be scheduled within a month, to be conducted by the CEC and the relevant commissions.
Article No. 38
- The nomination and registration of candidates, as well as the determination of voting dates, are carried out in accordance with the law and acts of the CEC. Notification of the repeat elections is published in the media within seven days after the decision is made.
- Candidates whose actions led to the recognition of the elections as invalid cannot be nominated again.
- If the actions of officials or election commissions caused the results of the elections to be declared invalid, then candidates and parties that already participated in the elections and expressed a desire to participate again may take part in the repeat elections.
List of candidates:
- Saydulla Kanbolotovich Nyshanov.
- Talant Turdumamatovich Mamytov.
- Nurlanbek Israiljanovich Kenzhebaev.
- Zhanibek Masabirovich Kurbanaliev.
- Gulnaz Kamytovna Zheinbekova.
- Munara Daniyarbekovna Mamatalieva.
- Chinara Muratovna Djuraeva.
- Meikinbek Akimovich Abdaliev.
- Aigul Asanovna Karabekova.
- Aibek Satybekovich Saipov.
- Gulnaz Abdulatipovna Nurbaeva.
- Olmaskan Abdykaparovna Sultanova.
- Aibek Altynbekov.
- Baktybek Usenovich Sydykov.
Content of the Resolution
The CEC's resolution details the articles referenced in making the decision.According to Part 6 of Article 37 of the election law, the CEC may declare the election results invalid:
“if the voting results at polling stations covering more than one-third of voters are declared invalid.”
Also, according to Part 4-1 of Article 37 of the constitutional law, the CEC has the right to declare the voting results invalid if violations are committed by candidates, which affects the accuracy of the results or the will of the voters.
Based on Part 4 of Article 2 of the Constitution of the Kyrgyz Republic, Part 1 of Article 2, and Article 37 of the Constitutional Law "On Elections," as well as the Law "On the CEC," the commission resolved:
To declare the voting results at 35 polling stations invalid.
To declare the results of the early elections of deputies of the Jogorku Kenesh in district No. 13 invalid.
To establish that according to Article 37 of the constitutional law, candidates from the list cannot participate in the repeat elections.
Opinion of the CEC
CEC members Kairat Mamatov and Mahabat Kozhokeeva noted that in making the decision, they were guided by Article 37 of the election law, which states that the CEC may declare the voting results invalid if violations occurred.“We assessed the violations related to the actions of observers and commission members at the polling stations, which confirmed the non-compliance of the voting procedure. Responsibility for this will be considered separately, and the materials have been forwarded to law enforcement agencies,” they added.
Legitimacy of the Ban
Lawyer Tattuu Bububu Ergeshbaeva believes that the CEC's decision to declare the elections invalid is justified; however, the ban on the participation of all candidates is controversial.“The law requires repeat elections, as stated in Article 37 Part 3 and Article 63 Part 1. However, the issue of allowing candidates is not within the CEC's competence, and the law does not contain provisions prohibiting their participation in repeat elections,” she explained.
Ergeshbaeva added that the cases in which candidates may be disqualified are outlined in Article 37 Part 4-1 and other articles of the law.
Thus, the general disqualification of candidates appears to be a political decision without a legal basis.She emphasized that the CEC must adhere to the norms of the law, and if such restrictions are not provided, the commission does not have the right to impose them. Punishing all candidates for the actions of individuals is unjust, Ergeshbaeva concluded.
Furthermore, experts indicate that candidates who participated in elections in other districts and did not make it to parliament will be able to participate in the repeat elections in this district.
