Who may file a complaint?

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 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 has 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 decisionon recognition of election invalid shall belong to candidates to the post ofthe President of the Republic of Tajikistan.

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