First instance body dealing with electoral disputes

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

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

Article 33. Central Commission within itscompetence:

26) considers complaints aboutdecisions of electoral commissions, commission on referendum, commission onholding of the voting on the recall of deputies and makes decisions on them;

27) considers appeals of citizens andorganizations according to issues of holding of elections, referendum, recallof deputies, members of the Council of the Republic;

Appeals of citizens and organizations aresubject to collegial consideration in case the decisions upon them are taken bylower commissions. On the initiative of the Chairperson of the CentralCommission or upon the demand of not less than one third of its members at thesitting of the Central Commission, other appeals of citizens and organizationsare considered.

The appeals not demanding the collegialconsideration are considered, upon the instruction of the Chairperson of theCentral Commission, by the members of Central Commission, as well as by workersof apparatus thereof.

Article 37 (…) Decisions and actions of thecommission may be appealed against to superior commission, and in the casesprovided for by the present Code and other acts of legislation of the Republicof Belarus – also in court.

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 territorialcommission in the presence of the member (members) of the superior or CentralCommission and 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 elections. The 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.

The lawdoes not clearly specify what types of disputes handled by lower level electionmanagement bodies and Central Commission.

There isa parallel system of adjudication of cases related to election results whenboth election commission and Supreme Court serve as the first instance body.The decisions of the lower election commission can be appealed to higherelection commission in the first instance. While the decisions of the CentralElection Commission can be appealed in the first instance to the Supreme Court.