What remedies are available in the first instance?

Belarus

Belarus

Answer
  • Partial recount of results
  • Annulment of results / Cancellation of elections
  • Partial annulment of results / Partial cancellation of elections
Source

Electoral Code of the Republicof Belarus (as of 2011, in English)

Source: http://law.by/main.aspx?guid=3871&p0=Hk0000370ee

Article 49-1 Commissions after havingconsidered an appeal takes one of the following decisions:

torevoke the appealed decision completely or in part and take the decision on merits;

dismissthe complaint;

leavethe complaint without consideration if the applicant has not followed the orderand terms of submitting the complaint determined by the present Code.

Article 79 The Central Commission, on thebasis of records of regional and the Minsk city commissions on elections of thePresident of the Republic of Belarus, not later than ten days after the end ofvoting, establishes at its sitting and writes down in the protocol thefollowing data:

In the case of detection of mistakes andirregularities in the protocols of the precinct and territorial commissions aswell as of violations committed in the course of the voting or during the countof votes, the CentralCommission has the right to take a decision on a recount of votes by therespective territorial commission. An application on the recount of votesis submitted to the Central commission not later than on the third day afterelections. The recount of votes is performed by the territorial commissionin the presence of the member (members) of the superior or Central Commissionand if necessary – precinct commissions.

Elections of the President of the Republic of Belarus for therepublic in whole or forseparate voting precincts, districts, cities, city districts, regions or theCity of Minsk may be recognized as invalid because of violations of therequirements of the present Code made in the course of elections or during thecount of votes if they affected the results of the elections for the Republicin whole. Decision onrecognizing the elections invalid is taken by the Central Commission. Thecomplaint about such violation is lodged by a candidate for the President ofthe Republic of Belarus with the Central Commission not later than on the thirdday following the electionsThe decision of the Central Commission may be appealedagainst in the Supreme Court of the Republic of Belarus within tendays. The right of appeal against the decision on recognition of electionsas invalid belongs to candidates for the President of the Republic of Belarus.

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