Electoral Code (2000)

Posted

August 5, 2002

Country

Belarus

Document Type

Primary Legislation

Topic name

Elections

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Electoral Code Draft Amendments to Electoral Code Law on Political Parties Presidential Decree on Some Measures on Regulation of Activities of Political Parties, Trade Unions and Other Social Action Organisations Regulations on State Registration of Political Parties, Trade Unions and Other Social Action Organisations and Their Unions Law on the Central Commission on Holding Elections and Republican Referenda Constitution

ELECTORAL CODE

OF THE REPUBLIC OF BELARUS

Adopted by the Chamber of Representatives: on January 24, 2000

Approved by the Council of the Republic: on January 31, 2000

I. GENERAL PART

SECTION I. General Provisions. Basic Principles of the Election System and of the Holding of the Referendum (People’s Vote)

Chapter 1. General Provisions

Article 1. Relations Regulated by this Code

This Code regulates relations arising during preparation and holding of elections of the President of the Republic of Belarus, elections and recall of deputies of the Chamber of Representatives of the National Assembly of the Republic of Belarus (hereinafter the Chamber of Representatives), members of the Council of the Republic of the National Assembly of the Republic of Belarus (hereinafter the Council of the Republic) and deputies of local Councils of Deputies of the Republic of Belarus (hereinafter the local Councils of Deputies) as well as during preparation and holding of the referendum (people’s vote) (hereinafter the referendum) and establishes guarantees securing free expression of will by citizens of the Republic of Belarus.

Article 2. Legal Basis of the Election System and Referendum

The legal basis of the election system and referendum shall be constituted by: the Constitution of the Republic of Belarus, the present Code, legislative acts of the Republic of Belarus and resolutions of the Central Commission of the Republic of Belarus on Elections and Holding of Republican Referendums (hereinafter the Central Commission).

Chapter 2. Basic Principles of the Election System and Holding of the Referendum

Article 3. Basic Principles of Holding Elections and the Referendum

Elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and deputies of local Councils of Deputies shall be free and shall be held on the basis of universal, equal and direct suffrage by secret ballot.

Elections of deputies of the Chamber of Representatives and deputies of local Councils of Deputies shall be held in single-mandate electoral precincts.

Elections of members of the Council of the Republic shall be held on the basis of equal and indirect suffrage by secret ballot.

The referendum shall be held by way of universal, free, equal and secret ballot.

Article 4. Universal Suffrage and the Right to Take Part in the Referendum

Elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and deputies of local Councils of Deputies and the referendum shall be universal: the right to elect and to take part in the referendum shall be given to citizens of the Republic of Belarus who have reached the age of 18.

Citizens adjudicated by a court of law as incompetent and citizens kept in places of deprivation of freedom by sentence of a court of law shall not take part in elections or referendum. Voting shall not be attended by persons who are kept in custody as a measure of suppression according to the procedure established by the criminal procedural legislation.

Article 5. Free Elections and Participation in the Referendum

Elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and deputies of local Councils of Deputies as well as voting at the referendum shall be free: the elector and the participant in the referendum shall decide by himself whether to take part in elections or referendum and for whom to vote in elections and for what to vote at the referendum.

Article 6. Equal Suffrage and the Right to Take Part in the Referendum

Electors and participants in the referendum shall take part in elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and deputies of local Councils of Deputies as well as in the referendum, respectively, on equal footing, with each elector and participant in the referendum having one vote.

Elections of members of the Council of the Republic shall be equal: each deputy of the local Council of Deputies of the base level shall have one vote.

Candidates elected for state positions shall take part in elections on equal footing.

Article 7. Direct Suffrage and the Right for Direct Expression of Will at the Referendum

Elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and deputies of local Councils of Deputies shall be direct. The President of the Republic of Belarus shall be elected directly by the people of the Republic of Belarus. Deputies shall be elected by citizens directly. Citizens shall take part in the referendum on the basis of direct expression of will.

Article 8. Indirect Suffrage

Elections of members of the Council of the Republic shall be indirect: members of the Council of the Republic shall be elected at the sittings of deputies of local Councils of Deputies of the base level of each Oblast and deputies of the Minsk City Council of Deputies.

Article 9. Secret Ballot

Voting at elections and the referendum shall be by secret ballot: control over expression of will of electors and participants in the referendum in the course of the voting shall be prohibited.

Article 10. Basic Principles of Holding of Recall of the Deputy or the Member of the Council of the Republic

A recall of a deputy of the Chamber of Representatives, a member of the Council of the Republic or a deputy of a local Council of Deputies shall be performed with observance of the basic principles of the election system.

Article 11. Provision of the Holding of Elections of the President of the Republic of Belarus, Deputies of the Chamber of Representatives and Deputies of Local Councils of Deputies, of the Referendum and of the Recall of Deputies by Commissions

Holding of elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, deputies of local Councils of Deputies, referendum and recall of deputies shall be provided by the commissions formed from representatives of political parties, other public associations, labour collectives as well as representatives of citizens nominated as members of the commission by way of submission of the application. The commissions shall exercise control over execution of legislation on elections, referendum and recall of deputies.

During preparation and holding of elections, referendum and recall of deputies the commissions shall be independent from state bodies and bodies of territorial public self-government within their powers established by the legislation of the Republic of Belarus.

Decisions of the commissions taken within their powers shall be mandatory for execution by all state bodies, political parties, other public associations, enterprises, institutions and organisations (hereinafter – organisations) as well as by citizens.

Article 12. Provision of the Holding of Elections and Recall of Members of the Council of the Republic

Holding of elections of the members of the Council of the Republic and of recall of elected members of the Council of the Republic shall be provided by the presidiums of Oblast, Minsk City, regional, town (towns subordinated to Oblast) Councils of Deputies and by the respective Oblast, Minsk City, regional and town executive committees as well as by the Central Commission.

Article 13. Public Openness During Preparation and Holding of Elections and Referendum and Recall of a Deputy of the Chamber of Representatives, a Member of the Council of the Republic and a Deputy of the Local Council of Deputies

Preparation and holding of elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, members of the Council of the Republic and deputies of local Councils of Deputies and of the referendum and recall of a deputy of the Chamber of Representatives, a member of the Council of the Republic and a deputy of the local Council of Deputies shall be executed openly and publicly.

The respective commissions, local representatives and executive and administrative bodies shall inform citizens about their work on preparation and holding of elections, the referendum or recall of a deputy of the Chamber of Representatives, a member of the Council of the Republic and a deputy of the local Council of Deputies, on the formation of electoral districts, on the composition, the place of location and the working time of the commissions and the lists of citizens who have the right to take part in the elections, referendum or voting for recall of a deputy, candidates, results of the vote, elections, referendum and recall.

Deputies of the Chamber of Representatives and members of the Council of the Republic, deputies of local Councils of Deputies, proxies of candidates for position of the President of the Republic of Belarus and of deputies, representatives of political parties, other public associations, labour collectives, citizens, mass media, observers from foreign states and international organisations shall have the right to be present during the holding of elections, referendum or recall of a deputy of the Council of the Republic according to the procedure established by the Central Commission. Observers from foreign states and international organisations shall be invited to the Republic of Belarus by the President of the Republic of Belarus, the Chamber of Representatives, the Council of the Republic, the Council of Ministers of the Republic of Belarus, the Ministry of Foreign Affairs of the Republic of Belarus and the Central Commission.

Persons indicated in part three of this article shall have the right to be present at sittings of the respective commissions, sittings of deputies of local Councils of the basic level during advance voting, voting at the place of location of electors or participants in the referendum and on the day of the voting – in rooms for voting from the time of sealing of ballot boxes till the end of the voting result summarisation. Interference of the said persons with the work of the commissions or in the holding of sittings of local Councils of deputies of the basic level shall not be allowed. Persons hindering the work of the commissions or the holding of sittings of local Councils of deputies of the basic level or the voting shall be removed from the sittings and from the rooms for voting on the order of the chairmen of the respective commissions chairing sittings of deputies of local Councils of deputies of the basic level.

Mass media shall inform about preparation and holding of elections, referendum and recall of a deputy or a member of the Council of the Republic.

SECTION II. Electoral Districts and Polling Stations.

Lists of Citizens who Have the Right to Take Part in Elections, Referendum and Voting for Recall of the Deputy

Chapter 3. Electoral Districts

Article 14. Electoral District for Elections of the President of the Republic of Belarus

Elections of the President of the Republic of Belarus shall be held for the single electoral district constituting the entire territory of the Republic of Belarus.

Article 15. Electoral Districts for Elections of Deputies of the Chamber of Representatives and Deputies of Local Councils of Deputies

For holding elections of deputies of the Chamber of Representatives, 110 electoral districts shall be formed in the territory of the Republic of Belarus.

For holding elections of deputies of local Councils of Deputies, electoral districts shall be formed:

for elections to the Oblast Council of Deputies – from 40 to 60 electoral districts;

for elections to the Minsk City Council of Deputies – from 40 to 60 electoral districts;

for elections to the regional Council of Deputies – from 25 to 40 electoral districts;

for elections to the town Council of Deputies (in towns subordinated to Oblast) – from 25 to 40 electoral districts;

for elections to the town Council of Deputies (in towns subordinated to region) – from 15 to 25 electoral districts;

for elections to the settlement or rural Council of Deputies – from 11 to 15 electoral districts.

The average number of electors per electoral district for elections of deputies of the Chamber of Representatives for the Republic of Belarus shall be established by the Central Commission not later than five months before expiration of the term of office of the Chamber of Representatives of the current convocation.

Within the standards specified in part two of this article, the number of electoral districts to be formed for elections to the local Council of Deputies and the average number of electors per electoral district shall be established by the respective local Council of Deputies not later than five months before the expiration of the term of office of the local Council of Deputies of the current convocation.

The number of electors in the electoral district shall be determined proceeding from the number of citizens enjoying suffrage and living in the territory included into the electoral district during the holding of the last elections or referendum.

Electoral districts shall be formed with an approximately equal number of electors: deviation of the number of electors in an electoral district for elections of deputies of the Chamber of Representatives from the average number of electors per electoral district for the Republic of Belarus and in the electoral district for elections of deputies of the respective local Council of Deputies – from the average number of electors per electoral district for elections of the given local Council of Deputies, as a rule, may not exceed 10 percent. The electoral district shall constitute a single territory: it shall not be allowed to form an electoral district from territories that do not border on each other.

Lists of electoral districts specifying their names, numbers, borders, number of electors and places of location of electoral commissions shall be published: for elections of deputies of the Chamber of Representatives by the Central Commission not later than on the fifth day after the appointment of elections for the Chamber of Representatives and for elections of deputies of local Councils of Deputies – by the territorial electoral commissions not later than 80 days before the elections of the local Councils of Deputies.

In case of dissolution of the Chamber of Representatives elections of deputies of the Chamber of representatives shall be held in electoral districts formed during the holding of the elections of deputies of the Chamber of Representatives of the former convocation.

One deputy shall be elected from each electoral district.

Article 16. Procedure of Formation of Electoral Districts for Elections of Deputies of the Chamber of Representatives and Deputies of Local Councils of Deputies

Electoral districts for elections of deputies of the Chamber of Representatives shall be formed by the Central Commission on representation of the Oblast and the Minsk City Executive Committees.

Electoral districts for elections to the Oblast, Minsk City, regional, town (subordinated to Oblast or region), settlement and rural Councils of Deputies shall be formed by the territorial electoral commissions for elections of the respective local Councils of Deputies on representation of the Oblast, Minsk City, regional, town, settlement and rural executive committees.

Chapter 4. Polling Stations

Article 17. Polling Stations

For holding voting and counting votes in elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, deputies of local Councils of Deputies, in the referendum and recall of a deputy, the territory of regions, towns and town districts shall be divided into polling stations.

Polling stations shall be formed with the number of electors or participants in the referendum not less than 20 and not more than 3000.

Polling stations may be formed in sanatoria, preventoria, rest homes, hospitals and other stationary medical treatment and prevention institutions. Polling stations shall be also formed in military units.

Article 18. Procedure of Formation of Polling Stations

Polling stations for holding elections, referendum or recall of a deputy shall be formed in regions and towns by the regional or town (subordinated to Oblast) executive committees and in towns divided into districts by the district administrations. In military units, polling stations shall be formed in the same manner according to recommendations of the military unit commanders.

Beyond the Republic of Belarus, polling stations for elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and the republican referendum for citizens of the Republic of Belarus staying in the territory of foreign states shall be formed by the heads of diplomatic representations (consular institutions) of the Republic of Belarus operating in the territory of the respective foreign states according to the procedure established by the Central Commission.

Electoral precincts and polling stations shall be formed not later than two months before the elections and not later than 25 days before the referendum.

When a recall of a deputy is organised, polling stations shall be formed not later than seven days after the appointment of the day of voting for the deputy recall.

Formation of polling stations shall be organised to hold elections of the President of the Republic of Belarus, deputies of local Councils of Deputies and the referendum on agreement with the respective regional, town or town district territorial commissions on elections of the President of the Republic of Belarus, regional or town electoral commissions on elections of deputies of local Councils of Deputies and the regional, town or town district commissions on the referendum whereas in case of elections of deputies of the Chamber of Representatives – on agreement with the district electoral commissions.

The bodies that have formed polling stations shall be obliged to inform, not later than within a ten-day period, the electors or participants in the referendum about the borders of each polling station specifying the place of location of the district commission and the room for voting.

Chapter 5. Lists of Citizens Who Have the Right to Take Part in Elections, Referendum or Voting for the Recall of a Deputy

Article 19. Lists of Citizens Who Have the Right to Take Part in Elections, Referendum or Voting for the Recall of a Deputy and the Procedure for their Compilation

Lists of citizens who have the right to take part in elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, deputies of local Councils of Deputies, referendum or voting for the recall of a deputy of the Chamber of Representatives or a deputy of local Council of Deputies shall be compiled for each polling station and signed by the chairman and the secretary of the precinct commission.

Town, settlement and rural executive committees, and in towns divided into districts – district administrations, district executive committees in towns and urbanised settlements where no town or settlement executive committees have been formed shall provide for the account of electors and participants in the referendum and shall hand over to the precinct commissions the lists of citizens of the Republic of Belarus living in the territory of the respective polling stations and having the right to take part in elections, referendum or voting for the recall of a deputy signed by the chairmen of the respective executive committees and in towns divided into districts – by the heads of the district administration.

Lists of citizens who are servicemen staying in military units as well as of members of families of servicemen and other electors and participants in the referendum living in the region of location of the military units shall be compiled on the basis of the data provided by the military unit commanders. Servicemen living outside military units shall be included into the lists of citizens who have the right to take part in elections, referendum or recall of a deputy at the place of residence on common grounds.

Lists of citizens who have the right to take part in elections, referendum or voting for the recall of a deputy for polling stations formed in sanatoria, preventoria, rest homes, hospitals and other stationary medical treatment and prevention institutions shall be compiled on the basis of the data provided by the heads of the above institutions.

Lists of citizens who have the right to take part in elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives or a republican referendum for polling stations formed beyond the Republic of Belarus shall be compiled on the basis of the data provided by the heads of diplomatic representations (consular institutions) of the Republic of Belarus operating in the territory of the respective foreign states.

Surnames of citizens in the list shall be shown in the order convenient for holding the voting.

Article 20. Procedure of Inclusion into the List of Citizens Who Have the Right to Take Part in Elections, Referendum or Voting for Recall of a Deputy

Into the list of citizens who have the right to take part in elections, referendum or voting for recall of a deputy shall be included all citizens of the Republic of Belarus who have reached, by the day or on the day of elections, referendum or voting for recall of a deputy, the age of 18, live permanently or temporarily in the territory of the given polling station by the time the list is compiled and have the right to take part in elections, referendum or voting for recall of a deputy.

A citizen who has the right to take part in elections, referendum or voting for recall of a deputy may be included into the list only at one polling station.

Into the list of citizens who have the right to take part in elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives or a republican referendum at the polling station formed beyond the Republic of Belarus shall be included citizens of the Republic of Belarus who live in the territory of a foreign state or stay on a long-time foreign business trip. Citizens of the Republic of Belarus who have arrived to the foreign state in connection with a private, official, business or tourist trip shall also be included into this list when they address the precinct commission.

Article 21. Familiarisation with the Lists of Citizens Who Have the Right to Take Part in Elections, Referendum or Voting for Recall of a Deputy. Right of Appeal against Irregularities in the List

Lists of citizens who have the right to take part in elections, referendum or voting for recall of a deputy shall be provided for familiarisation by everyone fifteen days before the elections, referendum or voting for recall of a deputy whereas at polling stations formed in sanatoria, preventoria, rest homes, hospitals and other stationary medical treatment and prevention institutions – two days before the elections, referendum or voting for recall of a deputy.

Citizens who have the right to take part in elections, referendum or voting for recall of a deputy but who settled in the territory of the polling station after the submission of the list for familiarisation by everyone as well as citizens who were not included into the list for any reason shall be included additionally by the precinct commission into the list on the ground of the documents certifying the identity and the residence in the territory of the given polling station.

Citizens shall be given opportunity to familiarise themselves with the list and check the correctness of its compilation in the room of the precinct commission.

Each citizen shall be given the right to appeal against non-inclusion, incorrect inclusion into the list or exclusion from the list as well as against irregularities in the list in specifying data on the citizen. The application on irregularities in the list shall be considered by the precinct commission which shall be obliged, not later than within a two-day period or, on the day of elections, referendum or voting for recall of a deputy, immediately, consider the application, make the required corrections in the list or submit to the applicant a motivated copy of decision on rejection of his application. The decision of the precinct commission may be appealed against in a superior commission which shall be obliged to consider the appeal not later than within a three-day period and on the day of vote – immediately. The decision of the precinct commission may also be appealed against not later than five days before the elections, referendum or voting for recall of a deputy in the regional (district) or town court of law that shall be obliged to consider the appeal within a three-day period. The decision of the regional (district) or town court of law shall be final. Correction in the list in conformity with the decision of the superior commission or the court shall be made immediately by the precinct commission.

Lists of citizens who have the right to take part in elections shall be particularised by the precinct commission on the eve of each round of voting.

SECTION III. Powers of the President of the Republic of Belarus and of State Bodies in Organising the Preparation of Elections, Referendum and Recall of a Deputy or a Member of the Council of the Republic. The System and Powers of Commissions on Holding Elections, Referendum and Recall of the Deputy

Chapter 6. Powers of the President of the Republic of Belarus and of State Bodies in Organising the Preparation of Elections, Referendum or Recall of a Deputy or a Member of the Council of the Republic

Article 22. Powers of the President of the Republic of Belarus in Organising the Preparation of Elections and a Republican Referendum

The President of the Republic of Belarus shall:

1) appoint ordinary and extraordinary elections to the Chamber of Representatives and determine organisational measures for securing their holding;

2) appoint ordinary and extraordinary elections to the Council of the Republic and determine organisational measures for securing their holding;

3) appoint ordinary and extraordinary elections to the local Councils of Deputies and organisational measures for securing their holding;

4) appoint elections to the local Councils of Deputies in newly formed territorial administrative units;

5) in case of dissolution of the local Council of Deputies by the Council of the Republic, appoint elections to this local Council of Deputies; and

6) appoint the republican referendum and determine organisational measures for securing its holding.

Article 23. Powers of the Chamber of Representatives in Organising the Preparation of Voting and the Republican Referendum

The Chamber of Representatives shall:

1) appoint elections of the President of the Republic of Belarus and determine organisational measures for securing their holding; and

2) provide in the republican budget resources for the holding of elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, members of the Council of the Republic, deputies of the local Councils of Deputies and the republican referendum.

Article 24. Powers of Local Executive and Administrative as Well as of Representative Bodies in Organising the Preparation of Elections, Referendum or Recall of a Deputy or a Member of the Council of the Republic

The Oblast and the Minsk City executive committees shall prepare proposals on the formation of electoral districts for elections to the Chamber of Representatives and the Oblast and the Minsk City Councils of Deputies.

Regional, town (in towns subordinated to Oblast and region), settlement and rural executive committees shall prepare proposals on the formation of electoral districts for elections to the regional, town, settlement and rural Councils of Deputies.

District and town (in towns subordinated to Oblast) executive committees and district administrations in towns shall form electoral precincts and precinct commissions when holding elections, referendum or recall of a deputy.

Town (in towns subordinated to regions), settlement and rural executive committees shall form town, settlement and rural territorial electoral commissions on elections of deputies of town, settlement and rural Councils of Deputies, and town, settlement and rural commissions on the referendum.

Town, settlement and rural executive committees, district administrations in towns and district executive committees in towns and urbanised settlements where town or settlement executive committees are not formed shall provide the account of citizens and hand over to the precinct commissions the lists of citizens living in the territory of the respective electoral precincts and having the right to take part in elections, referendum or recall of a deputy.

Regional, town, settlement and rural executive committees and executive committees of district administrations in towns shall:

1) organise the provision to the commissions on elections of the President of the Republic of Belarus, electoral commissions, commissions on the referendum and commissions on the holding of voting for recall of a deputy of rooms for location of the commissions and holding of voting as well as the required equipment, communication and transport facilities according to the procedure established by the Council of Ministers of the Republic of Belarus;

2) assist in organising meetings of candidates for the position of the President of the Republic of Belarus and for deputies with the electors; secure free-of-charge provision to them of rooms for these purposes as well as of the required information materials; solve issues on provision of rooms for public discussion of the proposals offered for the referendum; and

3) allocate in the territory of polling stations places for location of agitation printed materials.

Regional and town executive committees, district administrations in towns as well as the Oblast and the Minsk City executive committees, when citizens of the Republic of Belarus initiate holding of a referendum, shall verify authenticity of the signatures of citizens in the signature lists for the referendum and take decisions on the results of collection of citizens’ signatures.

Presidiums of the Oblast and the Minsk City Councils of Deputies and the Oblast and the Minsk City executive committees:

1) shall form the district electoral commissions on elections of the Chamber of Representatives as well as accordingly in the Oblasts – the district elective commissions on elections of the Oblast Council of Deputies and in the City of Minsk – territorial electoral commissions executing in the districts of the City of Minsk the powers of the district electoral commissions on elections of the Minsk City Council of Deputies;

2) shall form the Oblast and the Minsk City territorial commissions on elections of the President of the Republic of Belarus on elections on the local Councils of Deputies, the Oblast and the Minsk City commissions on the referendum as well as district commissions on the holding of the vote on recall of the deputy of the Chamber of Representatives or the deputy of the Oblast Council of Deputies; and

3) shall convene sittings of deputies of local Councils of Deputies of the base level of the Oblast and of deputies of the Minsk City Council of Deputies on elections and recall of members of the Council of the Republic.

The presidiums of the regional or town Councils of Deputies and the regional and town (subordinated to Oblasts) executive committees shall form the regional and town territorial commissions on elections of the President of the Republic of Belarus, on elections of the local Councils of Deputies as well as regional and town commissions on the referendum;

The presidiums of the town Councils of Deputies and the town executive committees in towns divided into districts shall form district commissions on elections of the President of the Republic of Belarus and on the referendum.

The presidiums of the Minsk City, regional and town (subordinated to Oblasts) of Councils of Deputies and the respective executive committees shall nominate candidates for the Council of Republic as well as initiate (except fir the presidium of the Minsk City Council of Deputies and the Minsk City executive committee) the issue on recall of the member of the Council of Republic.

Local Councils of Deputies shall establish the number of electoral districts to be formed and the average number of electors per district on elections of the respective local Council of Deputies and appoint respectively Oblast, regional, town, settlement and rural referendums as well as elections of deputies instead of those who left their positions.

The chairman or the presidium of the local Council of Deputies shall:

1) convene meetings of electors for initiation and raising of the issue of recall of the deputy; and

2) organise verification of the authenticity of signatures of electors in the signature lists in support of the proposal on initiation of the issue on recall of the deputy and make up a record on the results of the signature collection.

Local executive and administrative as well as representative bodies shall exercise also other powers provided for by this Code and other legislative acts of the Republic of Belarus on elections, referendum and recall of deputy.

Chapter 7. The System of Commissions on Preparing and Holding Elections of the President of the Republic of Belarus, Deputies of the Chamber of Representatives, Deputies of Local Councils of Deputies, the Referendum and Voting for Recall of a Deputy

Article 25. The System of Commissions on Preparing and Holding Elections, the Referendum and Recall of a Deputy

Preparation and holding of elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, deputies of local Councils of Deputies or the referendum shall be provided by the Central Commission as well as by the electoral commissions on elections of the President of the Republic of Belarus; electoral commissions on elections of deputies of the Chamber of Representatives; electoral commissions on elections of deputies of local Councils of Deputies; and commissions on the referendum.

Preparation and holding of the recall of a deputy of the Chamber of Representatives or a deputy of the local Council of Deputies shall be provided by the Central Commission and commissions on the holding of voting for recall of the deputy.

Article 26. The Central Commission

The Central Commission shall organise, within its powers, the holding of elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, members of the Council of the Republic, deputies of the local Councils of Deputies and of other persons elected for state positions by the people, and the holding of republican referendums and shall solve issues connected with the organisation of recall of deputies of the Chamber of Representatives and members of the Council of the Republic as well as exercise in the entire territory of the Republic of Belarus control over execution of legislation on elections, referendum and recall of deputies and members of the Council of the Republic.

The Central Commission shall manage the system of electoral commissions and commissions on the referendum that operate during the period of preparation and holding of elections and republican referendums.

The Central Commission shall be a permanent working body, shall have the status of the legal entity and a seal depicting the State Emblem of the Republic of Belarus as well as its own name and a bank account.

Article 27. Commissions on Elections of the President of the Republic of Belarus

Preparation and holding of elections of the President of the Republic of Belarus shall be provided for by the following commissions:

the territorial commissions on elections of the President of the Republic of Belarus – by the Oblast, Minsk City, regional, town (in towns subordinated to Oblast), town district commissions on elections of the President of the Republic of Belarus; and

precinct commissions on elections of the President of the Republic of Belarus.

In appointing elections of the President of the Republic of Belarus the Chamber of Representatives may take a decision not to form Oblast, Minsk City, regional or town (in towns subordinated to Oblast) commissions on elections of the President of the Republic of Belarus but to impose the execution of their powers on the operating Oblast, Minsk City, regional, town (in towns subordinated to Oblast) territorial electoral commissions.

Article 28. Commissions on Elections of Deputies of the Chamber of Representatives

Preparation and holding of elections of the deputies of the Chamber of Representatives shall be provided for by the following electoral commissions:

district electoral commissions; and

precinct electoral commissions.

Article 29. Commissions on Elections of Deputies of Local Councils of Deputies

Preparation and holding of elections of deputies of local Councils of Deputies shall be provided for by the following electoral commissions:

territorial electoral commissions – the Oblast, Minsk City, regional, town (in towns subordinated to Oblast and region), settlement and rural;

district electoral commissions on elections to the Oblast Councils of Deputies and territorial electoral commissions that exercise in the districts of the City of Minsk powers of district electoral commissions on elections to the Minsk City Council of Deputies (one commission shall be formed in each district of the City of Minsk); and

precinct electoral commissions.

Article 30. Commissions on the Holding of Voting for Recall of the Deputy

Preparation and holding of voting for recall of a deputy shall be executed by the following commissions:

district commissions on the holding of voting for recall of a deputy of the Chamber of Representatives or a deputy of the Oblast Council of Deputies;

territorial commissions on the holding of voting for recall of a deputy of the Oblast, Minsk City, regional, town (in towns subordinated to Oblast and region), settlement or rural Council of Deputies; and

precinct commissions on the holding of voting for recall of a deputy.

When voting for recall of a deputy of a local Council of Deputies is held, the territorial commissions on the holding of voting for recall of the deputy shall not be formed and their powers shall be exercised by the operating Oblast, Minsk City, regional, town, settlement or rural territorial electoral commissions, respectively.

Article 31. Commissions on the Referendum

Preparation and holding of a republican referendum shall be provided for by the following commissions:

the Oblast and Minsk City commissions on the referendum;

the regional, town (in towns subordinated to Oblast) and town district commissions on the referendum; and

the precinct commissions on the referendum.

In appointing the republican referendum the President of the republic of Belarus may take a decision not to form the Oblast, Minsk City, regional or town (in towns subordinated to Oblast) commissions on the referendum but to impose the execution of their powers on the operating Oblast, Minsk City, regional or town (in towns subordinated to Oblast) territorial electoral commissions.

Preparation and holding of a local referendum shall be provided for by:

of an Oblast or Minsk City referendum – by the Oblast, Minsk City, regional, town (in towns subordinated to Oblast), town district and precinct commissions on the referendum;

of a regional, town (in towns subordinated to Oblast) or town district referendum – by the regional, town, town district and precinct commissions on the referendum; and

of a town (in towns subordinated to regions), settlement or rural referendum – by the town, settlement, rural and precinct commissions on the referendum.

In case when a republican and a local referendum are appointed and held simultaneously, commissions formed according to the procedure stipulated by this Code shall be joint commissions for all referendums held simultaneously.

Chapter 8. Formation, Powers and Organisation of Work of the Central Commission

Article 32. Formation and Organisation of Work of the Central Commission

Formation and organisation of work of the Central Commission are defined by the Law of the Republic of Belarus "On the Central Commission of the Republic of Belarus on Elections and Holding of Republican Referendums".

Article 33. Powers of the Central Commission

The Central Commission shall:

1) organise the holding of elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and members of the Council of the Republic, deputies of local Councils of Deputies and other persons elected for state positions by the people, and the holding of republican referendums; exercise in the entire territory of the Republic of Belarus control over execution of legislation on elections, referendum and recall of deputies and members of the Council of the Republic; give explanations of this legislation for the purpose of its uniform use and address, when required, subjects that have the right of legislative initiative with proposals on interpretation of this Code and other legislative acts of the Republic of Belarus on elections, referendum and recall of deputies and members of the Council of the Republic;

2) direct activities of the commissions on elections of the President of the Republic of Belarus, electoral commissions, commissions on the referendum, commissions on the holding of voting for recall of deputies, hear their information, provide to these commissions methodological, organisational and technical aid, and, when required, decide in essence the issue referred to the competence of a lower commission;

3) form electoral districts for elections of deputies of the Chamber of Representatives and establish the average number of electors per electoral district in the Republic of Belarus;

4) decide questions on the procedure of participation of citizens of the Republic of Belarus who stay outside the Republic of Belarus in elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and the republican referendum as well as on the formation of electoral precincts; on recommendations of the Ministry of Foreign Affairs of the Republic of Belarus, take decisions on assignment of the polling stations formed abroad to the territorial administrative units or electoral districts in the territory of the Republic of Belarus;

5) make conclusions on the competence of nomination of candidates for membership in the Council of the Republic, register candidates nominated for membership in the Council of the Republic, summarise the results of elections of members of the Council of the Republic, register the elected members of the Council of the Republic and publish in press the lists of elected members of the Council of the Republic as well as convene the first post-election session of the Council of the Republic;

6) register:

the initiative groups of citizens for nomination of candidates for the position of the President of the Republic of Belarus;

the candidates for the position of the President of the Republic of Belarus and their proxies and issue to them the respective certificates;

the initiative group of citizens on the holding of the republican referendum and the issues proposed by it for the republican referendum;

the initiative group of citizens for the collection of signatures in support of proposals on initiation of the issue of recall of a deputy of the Chamber of Representatives;

the initiative group of citizens on implementation of the right of legislative initiative and the bill suggested by it for bringing it in before the Chamber of Representatives;

7) provide for the observance of equal legal conditions for election activities of political parties, other public associations, candidates for the position of the President and candidates for deputies;

8) define the procedure of use of state mass media in the election campaign;

9) make up and approve estimates of expenditures for the holding of elections, a republican referendum or recall of a deputy of the Chamber of Representatives within the funds allocated from the republican budget, form an extra-budgetary fund for the holding of elections or a republican referendum for voluntary remittance of funds of organisations, public associations and citizens and approve the regulations on the fund; distribute monetary resources allocated from the republican budget and the extra-budgetary fund among the commissions on elections of the President of the Republic of Belarus, electoral commissions, commissions on the referendum and commissions on the holding of voting for recall of a deputy of the Chamber of Representatives, control the target use of these resources as well as the provision to the commissions of rooms, transport facilities, communication facilities, and consider other issues of their support with material and technical facilities; inform the Chamber of Representatives about the use of resources allocated from the budget for the holding of elections, the republican referendum or recall of the deputy of the Chamber of Representatives; and publish the report on the use of resources from the extra-budgetary fund;

10) establish the forms of ballot papers and the list of citizens who have the right to take part in elections, referendum and voting for recall of deputies, minutes of electoral meetings and sittings of commissions and other documents on elections, referendum and recall of deputies, specimens of ballot boxes and seals of commissions and the procedure of keeping of documents on elections and referendum;

11) hear information of state bodies and bodies of public associations on issues connected with the preparation and holding of elections and referendum;

12) in case when elections are held simultaneously with a referendum, establish that the lists of citizens who have the right to take part in the elections and the referendum, the polling stations and the territorial and precinct commissions should be the same for the elections and the referendum;

13) summarise the results of the elections and the referendum and publish information about them in mass media; register the elected deputies of the Chamber of Representatives and publish their list in press; and convene the first post-election session of the Chamber of Representatives;

14) issue to the elected President of the Republic of Belarus and members of the Council of the Republic certificates on their election;

15) solve issues connected with the holding of a second round of voting, new elections and elections of the President of the Republic of Belarus in case when the position of the President is vacant as well as new voting in the referendum;

16) solve issues connected with the organisation of recall of deputies of the Chamber of Representatives and members of the Council of the Republic, appoint elections of deputies of the Chamber of Representatives instead of the deputies who have left their position and provide its holding;

17) consider applications and complaints about decisions and actions of the commissions on elections of the President of the Republic of Belarus, the electoral commissions, the commissions on the referendum and the commissions on the holding of voting for recall of deputies and make decisions on them;

18) study and generalise practices of the application of the legislation on elections and referendum and put forward before the subjects having the right of legislative initiative proposals on improvement of the legislation on elections and referendum;

19) set up working groups and other structures for organisational, legal and technical support of elections and referendum;

20) establish and develop ties with bodies of other states and international organisations dealing with issues of organisation of the holding of elections and referendum; and

21) exercise other powers in conformity with this Code and other legislative acts of the Republic of Belarus.

Chapter 9. Formation of the Commissions on Elections of the President of the Republic of Belarus, Deputies of the Chamber of Representatives, Deputies of Local Councils of Deputies, on the Referendum and the Holding of Voting for Recall of a Deputy. Procedure of Alteration of the Composition of the Commissions and of Organisation of their Work

Article 34. Formation of the Commissions on Elections of the President of the Republic of Belarus, Deputies of the Chamber of Representatives, Deputies of Local Councils of Deputies, on the Referendum and the Holding of Voting for Recall of a Deputy

The commissions on elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, deputies of local Councils of Deputies, on the referendum and the holding of voting for recall of a deputy formed from representatives specified in part one of Article 11 of this Code shall be formed:

the Oblast and the Minsk City commissions on elections of the President of the Republic of Belarus, the Oblast and the Minsk City territorial electoral commissions on elections of deputies of local Councils of Deputies, the Oblast and the Minsk City commissions on the referendum – by the presidiums of the Oblast and the Minsk City Councils of Deputies and the Oblast and the Minsk City executive committees with the membership of the commission 9 to 13 persons; the said commissions shall be formed respectively not later than 80 and 85 days before the elections and one month before the referendum;

the district electoral commissions on elections of deputies of the Chamber of Representatives and deputies of the Oblast Councils of Deputies, the territorial electoral commissions exercising in the districts of the City of Minsk powers of the district electoral commissions on elections to the Minsk City Council of Deputies – by the presidiums of the Oblast and the Minsk City Councils of Deputies and the Oblast and the Minsk City executive committees with the membership of the commission 9 to 13 persons not later than 75 days before the elections;

the regional, town commissions on elections of the President of the Republic of Belarus, the regional and town (in towns subordinated to Oblast) territorial electoral commissions on elections of deputies of local Councils of Deputies, the regional, town commissions on the referendum – by the presidiums of the regional and town Councils of Deputies and the town and regional executive committees whereas the town district commissions on elections of the President of the Republic of Belarus – by the presidiums of the town Councils of Deputies and the town executive committees with the number of members on the commission 9 to 13 persons; the said commissions shall be formed respectively not later than 80 and 85 days before the elections and one month before the referendum;

the town (in towns subordinated to regions), settlement and rural territorial electoral commissions on elections of deputies of the town, settlement and rural Councils of Deputies and the town (in towns subordinated to regions), settlement and rural territorial electoral commissions on the referendum – by the town, settlement and rural executive committees with the number of members on the commission 7 to 11 members, not later than 85 days before the elections and one month before the referendum;

the district commissions on the holding of voting for recall of a deputy of the Chamber of Representatives or a deputy of the Oblast Council of Deputies – by the presidiums of the Oblast and the Minsk City Councils of Deputies and the Oblast and the Minsk City executive committees with the number of members on the commission 9 to 13 persons, not later than five days as from the day of the decision taken on the appointment of voting for recall of the deputy; and

the precinct commissions on elections of the President of the Republic of Belarus, the precinct electoral commissions on elections of deputies of the Chamber of Representatives and deputies of local Councils of Deputies, the precinct commissions on the referendum and the precinct commissions on the holding of voting for recall of the deputy – by the regional and town executive committees and in towns divided into districts – by the district administrations with the number of members on the commission 5 to 19 persons, not later than 45 days before the elections, 20 days before the referendum and 10 days as from the day of taking the decision on the appointment of voting for recall of the deputy, respectively. In required cases, the composition of the precinct commission may be increased or decreased.

Joint decisions of the presidium of the respective local Council of Deputies and the executive committee shall be taken by the majority of votes of their members. The joint sitting of these bodies must be attended by at least two-thirds of the members of the presidium of the local Council of Deputies and the executive committee.

Decision on the formation of commissions specifying their composition, place of location and telephone numbers shall be published within a seven-day period in press or shall be otherwise made known to citizens (electors).

Beyond the Republic of Belarus, when elections of the President of the Republic of Belarus or deputies of the Chamber of Representatives or a republican referendum are held, the precinct commissions shall be formed by the heads of diplomatic representations (consular institutions) of the Republic of Belarus operating in the territory of the respective foreign states.

Article 35. Procedure for Nomination of Representatives for Territorial, District and precinct Commissions

Political parties, other public associations, labour collectives of organisations or collectives of their structural divisions from their members as well as citizens by way of submissions of the application may nominate only one representative in each case for the respective territorial, district and precinct commission.

The following bodies shall have the right to nominate their representatives as members of the commissions:

the republican managerial bodies of political parties and other public associations – for the district electoral commissions on elections of deputies of the Chamber of Representatives;

the territorial managerial bodies of political parties and other public associations that have lower organisational structures – for the respective territorial, district electoral commissions on elections of Oblast Councils of Deputies as well as precinct commissions; meetings of their primary organisations operating in the territory of the region, town, settlement or rural Council – for the town (in towns subordinated to regions), settlement and rural territorial and precinct commissions;

meetings (conferences) of labour collectives of organisations located in the territory of the region, town, town district, settlement and rural Council with the number of the employees not less than 30 persons – for the territorial, district and precinct commissions. Representatives for membership on the town (in towns subordinated to regions), settlement, rural territorial and precinct commissions may be nominated also at meetings of workers of the structural subdivisions of organisations including not less than 10 employees. When representatives for the commissions are nominated from the structural subdivisions, nomination of representatives for the same commissions from the whole labour collective shall not be made. The meeting is competent if it is attended by more than half the composition of the collective. Conferences in labour collectives shall be held if convocation of meetings presents a problem because of the number of employees, multi-shift operation conditions or territorial scatter of the structural divisions and shall be competent when they are attended by at least two-thirds of the delegates elected according to the procedure established in the labour collective. Decision of the meeting (conference) of a labour collective shall be taken by the majority of votes of its participants. Representatives of the town (in towns subordinated to regions), settlement, rural territorial and precinct commissions may be nominated at meetings of workers of several structural divisions or several labour collectives and structural divisions with the total number of workers not less than 10 persons at their general meeting. A meeting shall be competent if more than half of the members of each such collective are present.

Managerial bodies of political parties and other public associations shall nominate their representatives for the commissions at their sittings.

Also citizens enjoying suffrage shall have the right to nominate their representatives as members of the commissions by way of submissions of the application:

when nominating a representative for the district electoral commission for elections of deputies of the Chamber of Representatives, if the application is signed by not less than 100 citizens living in the territory of the electoral district;

when nominating a representative for the territorial (except for settlement and rural) and district electoral commissions for elections of the Oblast Councils of Deputies and the territorial electoral commissions that execute in the districts of the City of Minsk the powers of the district electoral commissions for elections of deputies of the Minsk City Council of Deputies, if the application is signed by not less than 30 citizens living in the respective territory;

when nominating a representative for the settlement and rural territorial and precinct commissions, if the application is signed by not less than 10 citizens living in the territory of the settlement, rural Council or the polling station, respectively.

Nomination of representatives for the commissions on the holding of voting for recall of a deputy shall be made according to the procedure stipulated by parts two, three and four of this article.

When nominating a representative for the respective commission, minutes of the meeting (conference) or sitting or an application signed by citizens shall be submitted to the bodies that form the commissions not later than three days before the term set by this Code for the formation of the respective commission.

The minutes shall specify the name of managerial body of the political party or another public association that nominated its representative for the commission, its address and telephone number, the number of the members of the body (collective), the number of the participants in the meeting or sitting of this body (collective), the results of the voting, the date of decision making, the surname, name and patronymic name, the date of birth, the position occupied (occupation), the place of work and residence of the persons nominated as member of the commission. The respective data shall be specified also in the minutes of the meeting of the labour collective, a primary organisation of the political part or of another public association. The minutes shall be signed by the chairman and secretary of the meeting or sitting. The application of citizens who nominated a representative for the commissions by submitting an application shall specify the respective data, enumerated in this part of this article, on the person nominated as member of the commission as well as the surname, name and patronymic name, the date of birth and the place of residence of each citizen who signed the application.

The bodies that form the commission shall have the right to include their representatives as members of these commissions.

Article 36. Procedure of Alteration of the Commissions’ Composition

The person who is member of the commission shall be freed from execution of his duties on the commission through his own application as well as in case of recall or termination of his powers.

The right of recall shall belong to citizens or the body that nominated the person as member of the commission. The recall of the person who is member of the commission shall be executed according to the procedure established for nomination.

Powers of the person who is member of the commission shall be terminated by the body that formed the commission in case of violation of requirements of this Code or systematic default of his duties by the said person.

If a person leaves the commission due to the causes specified in part one of this article or other causes the political party, other public association, the labour collective or citizens by way of submission of the application may nominate a new representative as member of the commission according to the procedure established by this Code.

Article 37. Organisation of Work of Territorial, District and Precinct Commissions

The first sitting of the territorial, district and precinct commission shall be convened by the bodies that formed the commissions not later than three days after the day of their formation.

The chairman, the deputy chairman and the secretary of the commission shall be elected at the first sitting of the respective commission from its members.

Sittings of the commission shall be convened and held by the chairman or, if he is absent or on his instruction, by the deputy chairman of the commission. Sittings of the commission shall be held also on demand of not less than one third of the commission members.

Sittings of the commission shall be competent if they are attended by not less than two thirds of the commission members. Decisions of the commission shall be taken by an open voting by the majority of votes of the total membership of the commission. If the number of votes is equal, the decisive shall be the vote of the chairman. Members of the commission who disagree with its decision shall have the right to speak out their special opinion that shall be appended to the minutes in writing.

The member of the commission shall have the right to:

put forward proposals to the agenda of the commission sitting as well as proposals on the issues that are within the competence of the commission;

speak at the sittings of the commission and demand the holding of the voting on the proposals put forward;

ask question to the participants in the commission sitting in conformity with the agenda and receive answers to them in essence;

familiarise himself with the documents and materials of the commission of which he is a member and of lower commissions; and

exercise other powers in conformity with the competence of the commission.

The member of the commission shall be obliged to:

observe the Constitution of the Republic of Belarus, fulfil the requirements of this Code and other legislative acts of the Republic of Belarus on elections, referendum and recall of the deputy; not to commit actions discrediting the commission;

take part in the commission sittings and if he is unable to take part in the sitting – report about this to the commission management;

take part in the preparation of the commission sittings and verifications performed by the commission; and

fulfil the commission decisions and charges of the commission and of its management.

Decisions of superior commissions taken within its competence shall be obligatory for lower commissions.

Decisions and actions of the commission may be appealed against in a superior commission and in cases stipulated in this Code and other legislative acts of the Republic of Belarus in a court of law as well.

On decision of the commission its certain members may be freed, during the period of preparation and holding of elections, referendum or recall of a deputy, from the performance of production or office duties with retention of the average salary at the expense of the resources allocated for the holding of elections, referendum or recall of the deputy.

Payment for work of the members of the commission and its staff may also be made proceeding from the actual working hours on the commission.

Persons who are members of the commission shall have no right to take part in agitation for or against a candidate for the position of the President of the Republic of Belarus or for deputy, for or against a bill or another question proposed for the referendum or for or against recall of a deputy.

Article 38. Assistance to Commissions in Exercising their Powers

State bodies, public associations, organisations and official persons shall be obliged to render assistance to commissions in exercise by them of their powers and submit data and materials required for their work.

The commissions shall have the right to address, on issues connected with the preparation and holding of elections, referendum or recall of a deputy, to state bodies, public associations, heads of enterprises, institutions, organisations and other official persons who shall be obliged to consider the issue addressed and give an answer to the commission not later than within a three-day period.

Article 39. Powers of the Oblast and the Minsk City Commissions on Elections of the President of the Republic of Belarus, Deputies of Local Councils of Deputies, on the Referendum and the Holding of Voting for Recall of a Deputy

The Oblast and the Minsk City commissions on elections of the President of the Republic of Belarus, deputies of local Councils of Deputies, on the referendum and the holding of voting for recall of a deputy shall:

1) organise the holding of elections of the President of the Republic of Belarus, deputies of the Oblast and the Minsk City Councils of Deputies, the republican, the Oblast or the Minsk City referendum and the voting on recall of a deputy of the Oblast or the Minsk City Council of Deputies and exercise control over the observance of the requirements of this Code and other legislative acts of the Republic of Belarus on elections, referendum and recall of a deputy in the territory of the Oblast and the City of Minsk;

2) lead activities of the regional, town, town district and precinct commissions;

3) hear information of the officials (workers) of the local executive and administrative bodies and organisations on issues connected with the preparation and holding of elections, referendum and recall of a deputy of the local Council of Deputies;

4) control over the compilation of the lists of citizens who have the right to take part in elections, referendum or recall of a deputy and the presentation of them for familiarisation by everyone;

5) manage monetary resources allocated for the preparation and holding of elections, referendum or recall of a deputy; distribute part of these resources among lower commissions on the holding of elections of the President of the Republic of Belarus, deputies of local Councils of Deputies, the republican, Oblast or Minsk City referendum, recall of a deputy and exercise control over target use of the allocated resources; control the provision to the commissions of rooms, transport and communication facilities, and consider other issues of provision of material, technical and organisational facilities for securing the holding of elections, referendum or recall of a deputy; and

6) consider applications and complaints against decisions and actions of lower commissions and take decisions on them.

When holding elections of deputies of local Councils of deputies the Oblast and the Minsk City territorial electoral commissions, in addition to the powers stipulated in part one of this article, shall:

1) form the electoral districts for elections to the Oblast and the Minsk City Council of Deputies on recommendation of the Oblast and the Minsk City executive committee;

2) lead activities of the district electoral commissions on elections to the Oblast Council of Deputies and the territorial electoral commissions exercising in the districts of the City of Minsk the powers of the district electoral commissions on elections to the Minsk City Council of Deputies;

3) summarise the results of elections for the Oblast and the Minsk City Councils of Deputies and submit information about this to the Central Commission; register the elected deputies; publish information on the results of elections and the list of the elected deputies of the Oblast and the Minsk City Councils of Deputies;

4) organise the holding of a second round of voting, new elections of deputies of the Oblast and the Minsk City Councils of Deputies and elections of deputies instead of deputies who have left their position;

5) hand over to the commission of the Oblast and the Minsk City Councils of Deputies which supervises issues of mandate the documentation required for verification of the powers of deputies elected for each electoral districts; and

6) convene the first session of the newly elected Oblast and the Minsk City Councils of Deputies.

The Minsk City territorial electoral commission, when performing a recall of a deputy of the Minsk City Council of Deputies, shall directly exercise its powers on the organisation of recall of the deputy, register the initiative group on collection of signatures in support of the proposal on initiating the issue on recall of the deputy, appoint the voting on the recall of the deputy, approve the text of the ballot paper, secure the making of ballot papers and provision of them to the precinct commissions, establish the results of voting for recall of the deputy and take decision on acknowledging the deputy as being recalled by the electors.

The Oblast territorial electoral commission, when performing a recall of a deputy of the Oblast Council of Deputies, shall register the initiative group on collection of signatures in support of the proposal on initiating the issue on recall of the deputy, appoint the voting on the recall of the deputy, and, on the basis of the record of the district commission on the holding of voting for recall of the deputy of the Oblast Council of Deputies, shall take decision on acknowledging the deputy as being recalled by the electors.

When holding elections of the President of the Republic of Belarus, the Oblast and the Minsk City commissions on elections of the President of the Republic of Belarus, in addition to the powers stipulated by part one of this article, shall:

1) exercise control over the observance by the initiative group of citizens for nomination of the candidate for the position of the President of the Republic of Belarus of the requirements of this Code during the collection of signatures and secure the adequacy of data on the number of such signatures; and

2) on the basis of records of the regional, town and town district commissions on elections of the President of the Republic of Belarus make records on the establishment of the number of citizens who signed in support of the proposal on the nomination of the candidate for the position of the President for the Oblast and the City of Minsk, and forward them to the Central Commission.

When holding elections of the President of the Republic of Belarus or a referendum, the Oblast and the Minsk City commissions on elections of the President of the Republic of Belarus, on the holding of a republican, Oblast or Minsk City referendum, in addition to the powers stipulated by part one of this article, shall:

1) provide for the making of ballot papers for elections of the President of the Republic of Belarus and for voting in the republican, Oblast or Minsk City referendum and for the provision of them to the regional, town and town district commissions; and

2) establish the results of the voting in elections of the President of the Republic of Belarus and for the republican referendum in the Oblast and the City of Minsk and inform about them the Central Commission.

The Oblast and the Minsk City commissions on elections of the President of the Republic of Belarus and deputies of the local Councils of Deputies, in addition to the powers stipulated in part one of this article, when holding elections of the President of the Republic of Belarus and deputies of local Councils of Deputies, shall secure the observance of equal legal conditions for election activities of candidates for the position of the President of the Republic of Belarus and for deputies of local Councils of Deputies.

The Oblast and the Minsk City commissions on the referendum, in addition to the powers stipulated in part one of this article, when holding a republican, Oblast or Minsk City referendum, shall:

1) assist mass media in explaining the content of the question proposed for the referendum; and

2) provide for the publication of the results of the referendum in the Oblast and the Minsk City in local mass media.

The commissions mentioned in this article shall exercise other powers as well in conformity with this Code and other legislative acts of the Republic of Belarus.

Powers of the Oblast and the Minsk City commissions on elections of the President of the Republic of Belarus shall be terminated after the official publications of the results of elections of the President of the Republic of Belarus.

Powers of the Oblast and Minsk City territorial electoral commissions on elections of deputies of local Councils of Deputies shall be preserved until elections to the local Councils of Deputies of the new convocation are appointed.

Powers of the Oblast and the Minsk City commissions on the referendum shall terminate one month after the decision of the referendum comes into force.

Article 40. Powers of the Regional and Town Commissions on Elections of the President of the Republic of Belarus, Deputies of Local Councils of Deputies, on the Referendum and the Holding of Voting for Recall of a Deputy

The regional and the town (in towns subordinated to Oblast) commissions on elections of the President of the Republic of Belarus, deputies of local Councils of Deputies, on the referendum and the holding of voting for recall of a deputy shall:

1) organise the holding of elections of the President of the Republic of Belarus, deputies of the regional and the town Councils of Deputies, the republican, Oblast, regional and town referendum, voting for recall of a deputy of the regional and the town Councils of deputies and shall exercise control over the observance of the requirements of this Code and other legislative acts of the Republic of Belarus on elections, referendum and recall of a deputy in the territory of the region or the town;

2) direct activities of the precinct commissions;

3) establish the unified numbering of the polling stations for the region and the town;

4) hear information of the officials (workers) of the local executive and administrative bodies, enterprises, institutions and organisations on all issues connected with the preparation and the holding of elections, referendum and recall of a deputy of the local Council of Deputies;

5) control over the compilation of the lists of citizens who have the right to take part in elections, referendum or recall of a deputy and the submission of them for familiarisation by everyone;

6) manage the monetary resources allocated for the preparation and the holding of elections, referendum or recall of a deputy; distribute part of these resources among the precinct commissions on the holding of elections of the President of the Republic of Belarus and deputies of the local Councils of Deputies, or the referendum and exercise control over the target use of the allocated resources; control the provision to the commissions of rooms, transport and communication facilities and consider other issues of the provision of material, technical and organisational facilities for the elections, referendum and recall of the deputy; and

7) consider applications and complaints against decisions and actions of lower-level commissions and take decisions on them.

The regional and the town (in towns subordinated to Oblast) territorial electoral commissions, in addition to the powers stipulated in part one of this article, when holding elections of deputies of local Councils of Deputies, shall:

1) form the electoral districts for elections to the regional or the town Councils of Deputies on recommendations of the regional or the town executive committee:

2) direct activities of town (in towns subordinated to region), settlement and rural territorial electoral commissions;

3) register initiative groups of citizens for the collection of signatures of citizens in support of the persons proposed for nomination as candidates for deputies and the holding of agitation for their elections; and issue respective certificates to the members of the initiative groups;

4) assist in the organisation of nomination of candidates for deputies;

5) register the candidates for deputies and their proxies and issue respective certificates to them;

6) approve texts of the ballot papers for elections of deputies of the regional or the town Council of Deputies for each electoral district; and provide for the making of ballot papers and supply of them to the precinct commissions;

7) organise together with labour collectives and public associations meetings of candidates for deputies with the electors both in the labour collectives and at the place of living; and assist in the printing of posters with biography data and election programs of the candidates for deputies;

8) summarise the results of elections for the regional and the town Councils of Deputies and submit information on them to the Oblast territorial electoral commission and register the elected deputies; publish information on the results of elections and the list of the elected deputies of the regional and the town Councils of Deputies and issue certificates to the deputies elected;

9) organise the holding of a second round of voting and new elections of deputies of the regional and the town Councils of Deputies and elections of deputies instead of those who have left their position;

10) hand over to the commission of the regional and the town Councils of Deputies which supervises the issues of mandate the documentation required for verification of the powers of the deputies elected in each electoral district; and

11) convene the first session of the newly elected regional and town Councils of Deputies.

The commissions mentioned in part two of this article, when holding a recall of a deputy of the regional or town Council of Deputies, shall:

1) register the initiative groups for the collection of signatures in support of the proposal on initiation of the issue on recall of the deputy;

2) appoint the voting on recall of the deputy;

3) approve the text of the ballot paper for recall of the deputy and secure the making of ballot papers and the provision of them to the precinct commissions; and

4) establish the results of the voting on recall of the deputy and take decision on acknowledging the deputy as being recalled by the electors.

The regional and the town commissions on elections of the President of the Republic of Belarus, in addition to the powers stipulated in part one of this article, when holding elections of the President of the Republic of Belarus, shall:

1) exercise control over the observance by the initiative group of citizens for the nomination of a candidate for the position of the President of the Republic of Belarus of the requirements of this Code during the collection of signatures and secure the adequacy of the data on the number of such signatures; and

2) summarise the results for the region and the town on the number of citizens who signed in support of the proposal on the nomination of the candidate for the position of the President of the Republic of Belarus, make up records about this and forward them immediately to the Oblast and the Minsk City commissions on elections of the President of the Republic of Belarus.

The regional and the town commissions on elections of the President of the Republic of Belarus and on the holding of the republican, Oblast, Minsk City, regional or town referendum, in addition to the powers stipulated in part one of this article, when holding elections of the President of the Republic of Belarus or the republican, Oblast, Minsk City, regional or town referendum, shall:

1) provide to the precinct commissions ballot papers for elections of the President of the Republic of Belarus and ballot papers for voting in the republican, Oblast, Minsk City, regional or town referendum; and

2) establish the results of the voting in the elections of the President of the Republic of Belarus and for the republican, Oblast and Minsk City referendum in the region and the town and inform about them the Oblast and the Minsk City commissions; and establish the results of voting in the regional and the town referendum;

The regional and the town commissions on elections of the President of the Republic of Belarus and deputies of local Councils of Deputies, in addition to the powers stipulated in part one of this article, when holding elections of the President of the Republic of Belarus and of deputies of local Councils of Deputies, shall secure the observance of equal legal conditions for electoral activities of the candidates for deputies for the position of the President of the Republic of Belarus and the deputies of local Councils of Deputies.

The regional and the town commissions on the referendum, in addition to the powers stipulated in part one of this article, when holding a referendum, shall assist mass media in explaining the content of the question proposed for the referendum; and provide for the publication of the results of the referendum for the region or the town in local mass media.

The town district commissions on elections of the President of the Republic of Belarus and the republican, Oblast or Minsk City referendum shall exercise powers of the regional and the town commissions on elections of the President of the Republic of Belarus and on the referendum as stipulated in this article.

The commissions mentioned in this article shall also exercise other powers in conformity with this Code and other legislative acts of the Republic of Belarus.

Powers of the regional, town and town district commissions on elections of the President of the Republic of Belarus shall terminate after the official publication of the results of the elections of the President of the Republic of Belarus.

Powers of the regional and the town territorial electoral commissions on elections of deputies of local Councils of Deputies shall be preserved until the elections to the local Councils of Deputies of the new convocation are appointed.

Powers of the regional, town and town district commissions on the referendum shall terminate one month after the decision of the referendum came into force.

Article 41. Powers of the Town (in Towns Subordinated to Region), Settlement and Rural Territorial Electoral Commissions on Elections of Deputies of the Town, Settlement and Rural Councils of Deputies, on the Referendum and on the Holding of Voting for Recall of the Deputy

The town (in towns subordinated to region), settlement and rural territorial electoral commissions on elections of deputies of the town, settlement and rural Councils of Deputies, on the town, settlement and rural referendum and on the holding of voting for recall of the deputy shall:

1) organise the holding of elections of deputies of the town, settlement and rural Councils of Deputies, of the town, settlement and rural referendum and of the voting for recall of a deputy of the town, settlement or rural Council of Deputies and exercise control over the observance of the requirements of this Code and other legislative acts of the Republic of Belarus on elections, referendum and recall of the deputy in the territory of the town, settlement or rural Council;

2) direct activities of the precinct commissions;

3) hear information of the officials (workers) of the local executive and administrative bodies and organisations on the issues connected with the preparation and the holding of elections, referendum and recall of the deputy of the local Council of Deputies;

4) control over the compilation of the lists of citizens who have the right to take part in the elections, referendum or recall of the deputy and the submission of them for familiarisation by everyone;

5) dispose of monetary resources allocated for the preparation and the holding of elections, the town, settlement or rural referendum or recall of the deputy of the respective local Council of Deputies; distribute part of the resources allocated for the preparation and the holding of the town, settlement or rural referendum among the precinct commissions and exercise control over the target use of the allocated resources; control over the provision to the precinct commissions of rooms, transport facilities, communication facilities and consider other issues of material, technical and organisational support for securing the elections, referendum or recall of the deputy; and

6) consider applications and complaints against decisions and actions of the precinct commissions and take decisions on them.

The regional, settlement and rural territorial electoral commissions, in addition to the powers stipulated in part one of this article, when holding elections of deputies of the town, settlement or rural Councils of Deputies, shall:

1) form the electoral districts for elections to the town, settlement or rural Councils of Deputies on recommendations of the town, settlement or rural executive committee:

2) register initiative groups of citizens for the collection of signatures of electors in support of the persons proposed for the nomination as candidates for deputies and the holding of agitation for their elections; and issue respective certificates to members of the initiative groups;

3) assist in organisation of the nomination of candidates for deputies;

4) register candidates for deputies and their proxies and issue respective certificates to them;

5) approve texts of the ballot papers for elections of deputies of the town, settlement and rural Council of Deputies for each electoral district; provide for the making of the ballot papers and supply of them to precinct commissions;

6) organise together with labour collectives and public associations meetings of candidates for deputies with the electors both in the labour collectives and at the place of living; and assist in the printing of posters with biography data and election programs of the candidates for deputies;

7) secure the observance of equal legal conditions for election activities of the candidates for deputies of the town, settlement and rural Councils of Deputies;

8) summarise the results of elections for the town, settlement and rural Councils of Deputies and submit information on them to the regional territorial electoral commission and register the elected deputies; publish information on the results of elections and the list of elected deputies of the town, settlement and rural Councils of Deputies and issue certificates to the deputies elected;

9) organise the holding of a second round of voting and of new elections of deputies of the town, settlement and rural Councils of Deputies and elections of deputies instead of those who have left their position;

10) hand over to the commission of the town, settlement and rural Councils of Deputies which supervises the issues of mandate the documentation required for the verification of the powers of the deputies elected in each electoral district; and

11) convene the first session of the newly elected town, settlement and rural Councils of Deputies.

The commissions mentioned in part one of this article, when holding a recall of a deputy of the town, settlement and rural Council of Deputies, shall:

1) register the initiative groups for the collection of signatures in support of the proposal on initiation of the issue on recall of the deputy;

2) appoint the voting on the recall of the deputy;

3) approve the text of the ballot paper for the recall of the deputy and provide for the making of ballot papers and supply of them to the precinct commissions; and

4) establish the results of the voting on recall of the deputy and take decision on acknowledging the deputy as being recalled by the electors.

The town, settlement and rural commissions on referendum, in addition to the powers stipulated in part one of this article, when holding a town, settlement or rural referendum, shall:

1) provide to the precinct commissions the ballot papers for voting in the town, settlement or rural referendum; and

2) establish the results of the voting in the town, settlement and rural referendum and inform about them in local mass media or make them otherwise known by the citizens.

The commissions mentioned in this article shall also exercise other powers in conformity with this Code and other legislative acts of the Republic of Belarus.

Powers of the town, settlement and rural territorial electoral commissions on elections of the deputies of local Councils of Deputies shall be preserved until the elections to the local Councils of Deputies of the new convocation are appointed.

Powers of the town, settlement and rural commissions on the referendum shall terminate one month after the decision of the referendum came into force.

Article 42. Powers of District Electoral Commissions on Elections of Deputies of the Chamber of Representatives and on Elections to the Oblast Councils of Deputies and Territorial Electoral Commissions Exercising in the Districts of the City of Minsk the Powers of District Electoral Commissions on Elections to the Minsk City Council of Deputies

The district electoral commissions on elections of deputies of the Chamber of Representatives and on elections of the Oblast Councils of Deputies and the territorial electoral commissions exercising in the districts of the City of Minsk powers of the district electoral commissions on elections to the Minsk City Council of Deputies shall:

1) organise the holding of elections and exercise control over fulfilment of the requirements of this Code and other legislative acts of the Republic of Belarus on elections in the territory of the electoral districts and in the district of the City of Minsk – in the territory of electoral districts formed in that district;

2) direct activities of the precinct electoral commissions;

3) hear information of the officials (workers) of the local executive and administrative bodies and organisations on the issues connected with the preparation and the holding of elections;

4) register initiative groups of citizens for the collection of signatures in support of the persons proposed for the nomination as candidates for deputies and the holding of agitation of their elections; and issue the respective certificates to the members of the initiative groups;

5) assist in the organisation of nomination of candidates for deputies;

6) register candidates for deputies and their proxies and issue respective certificates to them; and assist in the publication of posters with biography data and election programs of the candidates for deputies;

7) exercise control over the observance of equal legal conditions for election activities of the candidates for deputies;

8) assist the candidates for deputies in the organisation of meetings with the electors;

9) control over the compilation of the lists of citizens who have the right to take part in the elections and the submission of them for familiarisation by everyone;

10) manage monetary resources allocated for the preparation and holding of elections for the electoral districts, distribute part of these resources among the precinct electoral commissions and candidates for deputies and exercise control over the target use of the allocated resources; control over the provision to the precinct commissions of rooms, transport facilities, and communication facilities and consider other issues of material, technical and organisational support for securing the elections;

11) approve the texts of the ballot papers for the electoral districts and provide for the making of the ballot papers and supply of them to the precinct electoral commissions;

12) determine and publish in the press the results of elections for the electoral districts;

13) issue to the deputies certificates on their election after the elected deputies have been registered by the Central Commission, Oblast or Minsk City territorial electoral commission, respectively;

14) organise the holding of a second round of voting and of new elections;

15) consider applications and complaints against decisions and actions of the precinct electoral commissions and take decisions on them; and

16) exercise other powers in conformity with this Code and other legislative acts of the Republic of Belarus.

The district electoral commissions on elections of deputies of the Chamber of Representatives shall establish in the territory of the respective electoral district the unified numbering of the polling stations and the territory electoral commissions exercising in the districts of the City of Minsk powers of the district electoral commissions for elections to the Minsk City Council of Deputies shall establish the unified numbering of the polling stations in the territory of the district of the City of Minsk.

Powers of the electoral commissions mentioned in this article shall terminate correspondingly after the powers of the elected deputies have been acknowledged by the Chamber of Representatives, the Oblast or the Minsk City Council of Deputies.

Article 43. Powers of the District Commission on the Holding of Voting for Recall of a Deputy of the Chamber of Representatives or a Deputy of the Oblast Council of Deputies

The district commission on the holding of voting for recall of a Deputy of the Chamber of Representatives or a deputy of the Oblast Council of Deputies shall:

1) organise the holding of voting for recall of the deputy and exercise control over the fulfilment of the requirements of this Code and other legislative acts of the Republic of Belarus on recall of the deputy in the territory of the electoral district;

2) direct activities of the precinct commissions;

3) control over the compilation of the lists of citizens who have the right to take part in the voting for recall of the deputy and the submission of them for familiarisation by everyone;

4) approve the text of the ballot paper for voting for recall of the deputy and provide for the making of ballot papers and supply of them to the precinct commissions;

5) manage the monetary resources allocated for the preparation and the holding of voting for recall of the deputy and distribute part of these resources among the precinct commissions and exercise control over the target use of the allocated resources; control over the provision to the precinct commissions of rooms, transport facilities, communication facilities and consider other issues of material, technical and organisational support for securing of the voting for recall of the deputy; and

6) consider applications and complaints against decisions and actions of precinct commissions and take decisions on them.

The precinct commission on the holding of voting for recall of the deputy of the Chamber of Representatives shall determine the results of the voting for recall of the deputy and take decision on acknowledging the deputy as being recalled by the electors whereas the precinct commission on the holding of voting for recall of the deputy of the Oblast Council of Deputies shall determine the results of the voting for recall of the deputy of the Oblast Council of Deputies, make up record about this and forward it to the Oblast territorial electoral commission.

Powers of the commissions mentioned in this article shall terminate after the official publication of the results of voting for recall of the deputy.

Article 44. Powers of the Precinct Commission on Elections of the President of the Republic of Belarus, a Deputy of the Chamber of Representatives and Deputies of Local Council of Deputies, on the Referendum and the Holding of Voting for Recall of the Deputy

The precinct commission on elections of the President of the Republic of Belarus, a deputy of the Chamber of Representatives and deputies of local Council of Deputies, on the referendum and the holding of voting for recall the deputy shall:

1) secure the observance of the requirements of this Code and of other legislative acts of the Republic of Belarus on elections, referendum and recall of the deputy in the territory of the polling station;

2) particularise and sign the lists of citizens who have the right to take part in the elections, referendum and recall of the deputy for the electoral precinct;

3) familiarise the electors and participants in the referendum with the list of citizens who have the right to take part in the elections, referendum and recall of the deputy, consider applications on irregularities in the list and solve the issue on the making of the relevant modifications in it;

4) inform the electors and participants in the referendum about the place of location, the working hours and the telephone number of the precinct commission as well as on the day of elections, referendum or voting for recall of the deputy, and the time and the place of voting;

5) provide for the implementation of the right of electors and participants in the referendum, as stipulated in this Code, for advance vote in the elections or referendum (with the exception of the precinct commission on the holding of voting for recall of the deputy) as well as the preservation of the ballot papers;

6) provide for the preparation of the room for voting, ballot boxes and other equipment;

7) control in the territory of the voting over the observance of the agitation material location rules;

8) secure the target use of monetary resources allocated for the holding of elections, referendum or recall of the deputy;

9) organise the voting on the day of elections, referendum or recall of the deputy;

10) count the votes and determine the results of the voting for the polling station;

11) consider applications and complaints on issues of preparation of elections, referendum and voting for recall of the deputy and organisation of the voting, count of votes and take decisions of them;

12) hear information of official persons of the local executive and administrative bodies, enterprises, institutions and organisations on the issues connected with the preparation and holding of elections, referendum or recall of the deputy; and

13) exercise other powers in conformity with this Code and other legislative acts of the Republic of Belarus.

Powers of the precinct commissions on elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and deputies of local Council of Deputies and on the holding of voting for recall the deputy shall terminate upon the completion in the territory of the electoral precinct of elections or recall of the deputy whereas powers of the precinct commission on the referendum shall terminate one month after the decision of the referendum comes into force.

SECTION IV. Election Agitation and Agitation for Referendum, Recall of the Deputy or Member of the Council of the Republic. Financing of Elections, Referendum and Recall of a Deputy or a Member of the Council of the Republic. Liability for Violation of Legislation on Elections, Referendum and Recall of a Deputy or a Member of the Council of the Republic

Chapter 10. Election Agitation and Agitation for Referendum and Recall of a Deputy or a Member of the Council of the Republic

Article 45. Election Agitation and Agitation for Referendum and Recall of a Deputy or a Member of the Council of the Republic

Citizens of the Republic of Belarus, political parties, other public associations, labour collectives and proxies of candidates for the position of the President of the Republic of Belarus and for deputies and the initiative groups making agitation for elections of candidates for the position of the President of the Republic of Belarus or for deputy shall have the right for free and all-round discussion of election programs of candidates for the position of the President of the Republic of Belarus and for deputies, of their political, business and personal qualities and the holding of agitation for or against a candidate at meetings, rallies, in mass media as well as during meetings with electors.

Electors, initiative groups and proxies of the deputy shall have the right to freely and comprehensively discuss issues connected with the recall of the deputy and his (her) business and personal qualities and conduct agitation for or against the recall of the deputy at meetings, rallies, in mass media and at meetings with electors.

At a sitting of deputies of the local Councils of Deputies of the base level of the Oblast and deputies of the Minsk City Council of Deputies on elections of members of the Council of the Republic or on recall of a member of the Council of the Republic each deputy taking part in the work of the sitting shall have the right for free and all-round discussion of business and personal qualities of the candidates for membership in the Council of the Republic or a member of the Council of the Republic in relation of whom the issue on recall has been initiated and make agitation for or against the nominated candidates for the membership on the Council of the Republic and for or against the recall of a member of the Council of the Republic.

Citizens of the Republic of Belarus, political parties and other public associations and labour collectives shall have the right for free agitation in favour of the proposal for the holding of a referendum, in favour of adoption of the decision proposed for the referendum as well as against the proposal on the holding a referendum or against the decision proposed for the referendum. The holding of meetings with citizens and public discussion of questions (draft decisions) offered for the referendum shall be in conformity with the legislation on the procedure of the holding of meetings, rallies, street marches, demonstrations and picketing and other legislation of the Republic of Belarus.

Foreign citizens shall not have the right to take part in agitation.

Candidates for the position of the President of the Republic of Belarus and for deputies shall hold meetings with their electors at meetings or in another form convenient for the electors.

Local executive and administrative bodies together with the respective commissions shall be obliged to assist in the holding of meetings of candidates for the position of the President of the Republic of Belarus or for deputies with the electors. Commanders of military units (institutions) shall be obliged to create conditions for meetings of the personnel with candidates out of services hours. State bodies, enterprises, institutions and organisations shall provide free-of-charge rooms for the above purposes.

From the time of registration of candidates for the position of the President of the Republic of Belarus and for deputies by the respective commission political parties, labour collectives and citizens who have nominated candidates for the position of the President of the Republic of Belarus and for deputies shall have the right for making election placards, appeals, applications, inscriptions, sheets, and photographic materials (hereinafter "placards"). For paying expenses on the making of placards, a candidate for the position of the President of the Republic of Belarus shall be allocated resources from the budget in the amount of 2,300 minimum salaries, a candidate for the deputy of the Chamber of Representatives – 50, a candidate for the deputy of the Oblast or of the Minsk City Council of Deputies – 8, a candidate for the deputy of the regional or of the town (subordinated to Oblast) Council of Deputies – 4 minimum salaries and a candidate for the deputy of the town (subordinated to regions), of the settlement or of the rural Council of Deputies – 1 minimum salary. Placards shall mean printed products the fabrication of which does not require a special permit. Agitation printed materials must contain information on the organisations or persons responsible for their issue as well as on the number of their circulation. It shall be prohibited to disseminate anonymous agitation printed materials.

When holding elections, referendum or voting for recall of a deputy, the local executive and administrative bodies, on agreement with the respective commissions, shall allocate in the territory of the polling stations places that are most frequented by citizens for placement of agitation printed materials. The executive and administrative bodies may prohibit the placement of agitation printed materials in places that are not assigned for this purpose.

It shall be not allowed to remove, place over, smear or damage posters if these posters are made and placed with observation of the requirements of the legislation of the Republic of Belarus.

At all polling stations stands with information materials about the candidates shall be arranged not later than 14 days before the elections. Stands with such information materials shall be preserved in the voting rooms on the day of elections. When a referendum is held, the questions (drafts of decisions) proposed for the referendum must be displayed in the visible place.

No agitation (including calls for boycott of the elections or of the referendum) shall be allowed on the day of voting. Agitation printed materials that have been displayed outside the rooms for voting shall be preserved in the same place.

Article 46. Use of State Mass Media in Election Campaign and during the Holding of the Referendum

Candidates for the position of the President of the Republic of Belarus, for deputies of the Chamber of Representatives and for deputies of local Councils of Deputies, political parties, other public associations, labour collectives and citizens who have nominated their candidates shall have equal right for the use of state mass media from the time of registration of candidates.

State mass media, mass media partially financed from the state budget as well as mass media one of the founders of which is represented by state bodies or institutions as well as mass media that are partially financed at the expense of state funds shall be obliged to secure equal opportunities for election appearance of candidates, publication and making public the questions and the texts of bills offered for the referendum and making of agitation for elections or referendum.

The candidate for the position of the President of the Republic of Belarus shall have the right to publish in the Republican press media indicated in part two of this article his election program amounting to up to five typewritten pages by submitting the text of the above program not later than 20 days before the elections.

The candidate for the deputy of the Chamber of Representatives shall have the right to publish in the republican or local press his election program amounting to up to two typewritten pages by submitting the text of the above program not later than 20 days before the elections.

Election programs of candidates for the position of the President of the Republic of Belarus and for deputies of the Chamber of Representatives shall be published in the order they are received.

Candidates for the position of the President of the Republic of Belarus and for deputies of the Chamber of Representatives shall have the right for free appearance on the state television as well as on the radio system. The National State Television and Radio Company of the Republic of Belarus, within 10 days after the appointment of elections, shall provide to the Central Commission the limit of time for appearance of candidates on the state television as well as on the radio. The above time on TV or radio must be allocated for the period when television and radio programs attract the largest audience.

The procedure and the number of appearances of candidates for the position of the President of the Republic of Belarus and for deputies of the Chamber of Representatives on the state television as well as on radio shall be established by the Central Commission. It is necessary to provide appearance of candidates on equal footing.

The candidate for deputy of the Oblast, the Minsk City, the regional and the town (in towns subordinated to Oblast) Council of Deputies shall have the right for one free-of-charge appearance on the local state radio. The Oblast and the Minsk City bodies of radio broadcasting, not later than 30 days before the elections, shall submit to the Oblast and the Minsk City territorial electoral commissions the limit of time for appearance of candidates for deputies on the local radio which shall determine the time of appearance of candidates for deputies. It is necessary to provide appearance of candidates on equal footing.

Journalists and official persons of mass media shall be prohibited to conduct information television and radio programs or take part in informing about elections through such mass media if the above persons are candidates for the position of the President of the Republic of Belarus, for deputies of the Chamber of Representatives or deputies of local Councils of Deputies or their proxies.

The Republican radio every morning, and the Republican television every evening shall be obliged to give information on the progress of the election campaign and the preparation for the republican referendum.

Reports on the sittings of the Central Commission and its decisions shall be systematically published in the Republican press whereas reports and decisions of the electoral commissions and the commissions on the referendum - in local press.

It shall not be allowed to publish, within the last 10 days before the elections or referendum, opinion poll results connected with the elections, referendum or prognosis of their results.

Article 47. Inadmissibility of Abuse of the Right for Making Election Agitation and Agitation for Referendum

Agitation election materials, agitation materials for the referendum, appearance at meetings, rallies, in the press, on television and radio must not contain propaganda of war, appeals for forcible change of the constitutional system, violation of the territorial integrity of the Republic of Belarus, insults or slander in relation to official persons of the Republic of Belarus and other candidates for the position of the President of the Republic of Belarus and candidates for deputies. Agitation or propaganda of social, racial, national, religious or linguistic supremacy as well as issuance and spreading of information and materials arousing social, racial, national or religious enmity shall be prohibited.

Candidates for the position of the President of the Republic of Belarus and candidates for deputies, their proxies, organisations and persons agitating for election of candidates, for or against questions offered for the referendum shall have no right to distribute among citizens monetary funds, gifts or other material values, make discount sales of commodities or render free-of-charge any services and commodities except for agitation printed materials specially made for the election campaign or for the holding of the referendum with the observance of the requirements of this Code. In carrying election agitation or agitation for a referendum it shall be prohibited to influence citizens by promises of transfer to them of monetary funds or material values.

In case of violation of the requirements of this article the respective commissions shall take measures for stopping abuse of the right for election agitation and agitation for the referendum and the commission on elections of the President of the Republic of Belarus and electoral commissions shall also have the right to cancel the decision on registration of the candidate.

Chapter 11. Financing of Elections, Referendum or Recall of a Deputy or a Member of the Council of the Republic

Article 48. Expenditures for Preparation and Holding of Elections, Referendum or Recall of a Deputy or a Member of the Council of the Republic

Expenditures for preparation and holding of elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, members of the Council of the Republic, deputies of local Councils of Deputies, the republican referendum or recall of a deputy of the Chamber of Representatives or a member of the Council of the Republic shall be made at the expense of the republican budget. Expenditures for these purposes may be also made at the expense of funds of public associations, enterprises, institutions, organisations and citizens of the Republic of Belarus who may contribute their monetary resources into the extra-budgetary fund formed by the Central Commission for additional financing of expenditures for the preparation and the holding of elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives, deputies of local Councils of Deputies or the republican referendum.

Expenditures for the preparation and the holding of a local referendum, new elections of deputies of local Councils of Deputies and elections of the deputies instead of those who have left their positions and for recall of a deputy of the local Council of Deputies shall be made at the expense of funds of the local budget established by the respective local Council of Deputies.

Expenditures for the preparation and the holding of a local referendum may also be made at the expense of funds of organisations and public associations located in the territory of the respective local Council of Deputies and of the citizens living in this territory who may contribute their monetary resources into the extra-budgetary fund formed by the local Council of Deputies which appointed the referendum.

The procedure of allocation and use of monetary funds allocated for the preparation and holding of elections, a Republican referendum or recall of a deputy of the Chamber of Representatives or member of the Council of the Republic from the republican budget and of resources voluntarily contributed into the extra-budgetary fund shall be established by the Central Commission.

Resources allocated from the budget and the extra-budgetary fund for the holding of election agitation shall be allocated equally among all candidates for the position of the President of the Republic of Belarus, for deputies of the Chamber of Representatives and for deputies of the local Councils of deputies and shall be spend according to their demand according to the procedure established by the Central Commission. The Central Commission shall inform through mass media about the size of resources allocated from the budget for the candidates for the election campaign not later than three days after the expiration of the term of registration of the candidates.

The Central Commission shall inform the Chamber of Representatives on the use of the resources allocated from the republican budget for the preparation and the holding of election or the republican referendum not later than six months after the day of election of the President of the Republic of Belarus, deputies of the Chamber of Representatives, deputies of the local Councils of Deputies or of the holding of voting for the referendum or for recall of the deputy of the Chamber of Representatives or a member of the Council of the Republic as well as publish a report on the use of the resources from the extra-budgetary fund.

State bodies, organisations and public associations shall submit for the disposal of the commissions rooms, equipment, communication and transport facilities required for the preparation and the holding of elections, referendum or voting for recall of the deputy or the member of the Council of the Republic according to the procedure established by the Council of Ministers of the Republic of Belarus.

State mass media, mass media partially financed from the republican or local budget as well as mass media one of the founders of which is represented by the state bodies or organisations shall make public free-of-charge the materials submitted by the commissions and the election programs of candidates for the position of the President of the Republic of Belarus and deputies of the Chamber of Representatives.

Political parties, other public associations, organisations and citizens of the Republic of Belarus shall have no right to render other material aid during the preparation and the holding of elections or referendum except for contributing monetary resources into the extra-budgetary fund stipulated by part one of this article.

Direct or indirect participation of foreign states, enterprises, organisations, foreign citizens, international organisations and enterprises of the Republic of Belarus with foreign investments in financing and rendering other material aid during the preparation and the holding of elections, referendum or recall of a deputy or a member of the Council of the Republic shall be prohibited.

Chapter 12. Liability for Violation of the Requirements of this Code

Article 49. Liability for Violation of the Requirements of this Code

Persons who hinder by violence, threat, deceit, or otherwise a free exercise by a citizen of the Republic of Belarus of the right to take part or not to take part in elections, referendum or voting for recall of a deputy, to elect and be elected as President of the Republic of Belarus, a deputy of the Chamber of Representatives, a deputy of the local Council of Deputies, carry election agitation, agitation for the referendum or who hinder the work of the commissions on elections of the President of the Republic of Belarus, election commissions, commissions on the referendum, commissions on holding the voting for recall of a deputy, or those who carry agitation on the day of elections, referendum or voting for recall of a deputy as well as members of the commissions, official persons of state bodies and public associations and other persons who have committed substitution of documents on elections, referendum, recall of a deputy, a knowingly incorrect count of votes or another distortion of the results of the vote, violated the secrecy of ballot, failed to submit to the commissions the required documents or failed to fulfil their decisions or committed an illegal use of monetary resources and material resources during the preparation and the holding of elections, referendum or recall of a deputy or committed other violations of the requirements of this Code and other legislative acts of the Republic of Belarus on elections, referendum or recall of the deputy shall bear liability as established by the legislation of the Republic of Belarus.

Persons who hinder by violence, threat, deceit or otherwise a free exercise by deputies of the local Councils of Deputies of the base level of the Oblast, deputies of the Minsk City Council of Deputies of the right to elect members of the Council of the Republic or be elected members of the Council of the Republic, carry election agitation or a free expression of will during initiation of the issue on recall of a member of the Council of the Republic and voting for recall or official persons of state bodies and other persons who