Requirement to hold a hearing
Tajikistan
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.
Ondecision of the Central Commission for Elections and Referenda claims can befiled to the Supreme Courtof the Republic of Tajikistan within 10 days of their adoption. Claims shall be subject toconsideration within three days and in case if there are less than six daysbefore election, claims shall be considered immediately.
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 election shall be made by theCentral Commission for Elections and Referenda, which can be appealed at theSupreme Court of the Republic of Tajikistan within 10 days. The right toappeal the decision on recognition of election invalid shall belong tocandidates to the post of the President of the Republic of Tajikistan.
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