What remedies are available in the first instance?

OSCE/ODIHR ElectionObservation Mission, Republic of Tajikistan, Presidential Election, 6 November2013 Interim Report (02-19 October 2013)

X.COMPLAINTS AND APPEALS

The PEL provides for complaintsand appeals against decisions of election commissions, as well as with regardto voter and candidate registration. Decisions of election commissions may beappealed to either the higher-level election commission or the courts, with theSupreme Court as the final instance. The OSCE/ODIHR has previously observedthat this dual system of electoral dispute resolution could potentially lead to inconsistencies indecisions.

Office for Democratic Institutions and HumanRights,

http://www.osce.org/odihr/elections/107336 as retrieved on2013-10-28.

Constitutional Law Of TheRepublic Of Tajikistan “On the Election of the President of the Republic ofTajikistan” (1994-07-21)(Withamendments as of January 1, 2006)

III. ELECTION COMMISSIONS FOR THEELECTION OF THE PRESEIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 12. Authoritiesof the Central Commission for Elections and Referenda

TheCentral Commission for Elections and Referenda shall have the followingauthorities:

1)supervise the implementation of the present Constitutional law throughout theterritory of the republic and provide its equal application; within itsauthorities, issue manual and interpretations with regard to organizing of theelection;

...

11)register candidates to the post of the President of the Republic of Tajikistan,conclude the results of election in the republic, publish information onresults of election in press, register the elected President of the Republic ofTajikistan, issue him the certificate of the President of the Republic ofTajikistan;  

12)review complaints against decisions and actions of electoral commissions, makedecisions on them;

13)inform the prosecutor’s office on criminal violations of the Constitutional law“On Election of the President of the Republic of Tajikistan”;

..

15)organize repeat voting  and repeat election

...

Article 19. Reviewingof complaint with regard to the decisions of election commission

Claimson decisions of election commission shall be filed to the upper electioncommission or to court within 10 days from the day of adoption.

On decision of the Central Commissionfor Elections and Referenda claims can be filed to the Supreme Court of theRepublic of Tajikistan within 10 days of their adoption. Claims shall be subject to consideration within three days and in caseif there are less than six days before election, claims shall be consideredimmediately.

VII. VOTING PROCEDURE AND CONCLUSIONOF RESULTS OF THE ELECTION OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 34. Determiningresult of election of the President of the Republic of Tajikistan

TheCentral Commission for Elections and Referenda based on the protocols deliveredby the district election commissions shall determine the number of voters inthe republic, the number of voters who received ballot papers, the number ofvoters who participated in voting, the number of votes given “in support” and“against” each candidate and the number of ballots recognized invalid.

Electionof the President shall be recognized valid if more than 50 per cent of votersincluded in the list have participated.

Thecandidate who have won more than 50 per cent of electorate votes who haveparticipated in voting shall be recognized the elected President of theRepublic of Tajikistan.

Electionin general or in constituencies and polling stations can be considered invaliddue to violations occurred in the process of election or ballot counting, whichhad an impact on the result of election. Decision on invalidating of electionshall be made by the Central Commission for Elections and Referenda, which canbe appealed at the Supreme Court of the Republic of Tajikistan within 10 days.The right to appeal the decision on recognition of election invalid shallbelong to candidates to the post of the President of the Republic ofTajikistan.

Incases of invalid recognition of election in a district and a polling station,the results of voting in such districts and polling stations shall be excludedfrom the general result of election by decision of the Central Commission forelections and Referenda in condition if the election is recognized valid nomatter of results of these.

Informationon result of election of the President of the Republic of Tajikistan shall bepublished in press by the Central Commission for Elections and Referenda notlater than 10 days after the election day.

Article 36. Repeatelection

In case if the election of thePresident of the Republic of Tajikistan is recognized invalid or not conducted,or if not more than two candidates had been nominated to the post of thePresident of the Republic of Tajikistan and nonreceived necessary number of votes, or in repeat voting non had been electedthe President of the Republic of Tajikistan, the Central Commission forElection and Referenda appoints repeat election. Accordingly, it may passdecision on creating of new composition of district election commissions andpolling station commissions for conducting of election. Voting shall beconducted in same polling stations, in accordance with the list of voterscompiled for conduction of the main election.

Creationof commissions, nominating and registering of candidates to the post of thePresident of the Republic of Tajikistan shall take place according to theprocedure set forth in the present Constitutional Law.

Informationon conducting of repeat election shall be published in press. Repeat electionshall not take place earlier than two months after the main election.

Legislationline,

http://legislationline.org/documents/action/popup/id/6817 asretrieved on 2013-10-28.