First instance body dealing with electoral disputes

OSCE/ODIHR Election ObservationMission, Republic of Tajikistan, Presidential Election, 6 November 2013 InterimReport (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 toinconsistencies in decisions.

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 thepost of the President of the Republic of Tajikistan, conclude theresults of election in the republic, publish information on results of electionin press, register the elected President of the Republic of Tajikistan, issuehim the certificate of the President of the Republic of Tajikistan;  

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.

V. NOMINATING A CANDIDATE TO THE POSTOF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 24.  Nominatinga candidate to the post of the President of the Republic of Tajikistan

Acandidate to the post of the President of the Republic of Tajikistan shall benominated by political parties of the republic, which are registered inaccordance with the established procedures of Constitutional Law, Federation ofIndependent Trades Union of Tajikistan, Youth Union of Tajikistan in theircongresses and conferences based on their charters, Majlis of people’s deputiesof GBAO, Majlis of people’s deputies of oblasts, Majlis of people’s deputies ofDushanbe as well as majlis of deputies’ representatives of Majlises of people’sdeputies of districts and towns of the republican subordination. Criteria ofrepresenting and procedure of organizing and conducting of Majlis ofrepresentatives of people’s deputies Majlises of districts and towns of therepublican subordination shall be determined by the Central Commission forElections and Referenda.

Eachpolitical party, Federation of Independent Trades Union of Tajikistan, YouthUnion of Tajikistan, Majlis of people’s deputies of GBAO,  Majlis ofpeople’s deputies of oblasts, Majlis of people’s deputies of Dushanbe as wellas majlis of deputies’ representatives of Majlises of people’s deputies ofdistricts and towns of the republican subordination shall nominate onle onecandidate to the post of the President of the Republic of Tajikistan. Decisionon nomination of a candidate to the post of the President of the Republic ofTajikistan shall be passed by the majority of votes of total number ofpolitical party delegates to congress or conference, Federation of independentTrades Union of Tajikistan, Youth Union of Tajikistan, by the majority of votesof total number of people’s deputies  of Majlis of people’s deputies ofGBAO,  Majlis of people’s deputies of oblasts, Majlis of people’s deputiesof Dushanbe as well as by the majority of votes of total number of  majlisof deputies’ representatives of Majlises of people’s deputies of districts andtowns of the republican subordination. The form of voting shall be determinedby the body nominating a candidate to the post of the President. There shall becompiled a protocol on nominating a candidate.

Acandidate to the post of the President shall have the support of 5 per cent ofcitizens of the Republic of Tajikistan who have universal suffrage.

Collectionof citizens’ signatures for support of a candidate being nominated shall takeplace in accordance with the procedure and term established by the CentralCommission for Elections and Referenda.

Nominatingof a candidate to the post of the President of the Republic of Tajikistan,which contradicts the present Constitutional law shall be considered invalid.

Nominatingof a candidate to the post of the President shall begin 50 days and not laterthan 30 days prior to the election day.

Totalnumber of candidates to the post of the President shall not be restricted.

Decisionon nomination of a candidate to the post of the President of the Republic ofTajikistan shall be sent to the Central Commission for Elections and Referendanot later than within three days after adoption of the decision. The candidateshall be informed on the passed decision within two days.

Politicalparties, Federation of independent Trades Union of Tajikistan, Youth Union ofTajikistan, local state power representative bodies, Majlis of representativesof people’s deputies of districts and towns of the republican subordination,which have nominated candidates to the Presidency shall have right to canceltheir decision on nomination of a candidate any time till election. Such decisionshall be passed in accordance with the procedure provided for the nomination ofcandidates.

Acandidate to the post of the President of the Republic of Tajikistan canwithdraw his/her candidacy any time and address a statement to the CentralCommission for Elections and Referenda on that.

Citizenswho have criminal records and the criminal records have not been cleaned inaccordance with the established legal procedure or not canceled, officials ofreligious organizations and associations cannot be nominated to the postof  the President.

Incase if no candidate is nominated to the post of the president of the Republicof Tajikistan or all nominated candidates have withdrawn candidacy, candidatesto the post of the President of the Republic of Tajikistan shall be nominatedby the joint session of Majlisi Milli and Majlisi Namoyadagon Majlisi Oli ofthe Republic of Tajikistan. In such a case those candidates shall be considerednominated, who were supported by the majority of total number of members of MajlisiMilli and representatives of Majlisi Namoyandagon Majlisi Oli of the Republicof Tajikistan in secret voting.

Article 25. Registeringcandidates to the post of the President of the Republic of Tajikistan

Registering candidates nominated to thepost of the President and their proxies takes place by the Central Commissionfor Elections and Referenda within three days after submission of necessarypapers but not later than 25 days prior to the election day.

Decisionon registration of candidate to the post of the President of the Republic ofTajikistan shall be taken upon availability of the following papers:

Protocolof the supreme body (congress, conference) of a political party, Federation ofindependent Trades Union of Tajikistan, Youth Union of Tajikistan, sessions ofMajlis of people’s deputies of GBAO, Majlis of people’s deputies of oblasts,Majlis of  deputies of Dushanbe and majlis of deputies’ representatives ofMajlis of people’s deputies of districts and towns of the republican subordination;

Blankswith the signatures of citizens supporting the candidate to the post of thePresident, which are confirmed by chairmen of districts and towns in conditionsmentioned in the present Constitutional Law; autobiography of the candidate tothe post of the President;

Statementof the candidate on his/her consent for candidacy to the post of the President.

Acandidate to the post of the President of the Republic of Tajikistan, as wellas candidate’s proxies cannot be included in any election commission for theelection of the President. In case if a member of election commission for theelection of the president is nominated as a candidate to the post of thePresident or candidate’s proxy, he/she shall be considered dismissed ofcommission membership from the moment of registration as candidate to the postof the President or proxy.

TheCentral Commission for Elections and Referenda shall issue candidatescorresponding certificate within two days after registering candidates to thepost of the President of the Republic of Tajikistan.

If the Central Commission for Electionsand Referenda rejects registration of a candidate to the post of the Presidentof the Republic of Tajikistan, political parties, Federation of independentTrades Union, Youth Union of Tajikistan, local state power representativebodies, majlis of deputies’ representatives of Majlises of people’s deputies ofdistricts and towns of the republican subordination, which have nominated thegiven candidate can file a claim at the Supreme Court of the Republic ofTajikistan and the claim shall be considered within one week. Decision of theSupreme Court of the Republic of Tajikistan is final.

TheCentral Commission for Elections and Referenda within seven days afterregistering a candidate to the post of the President of the Republic ofTajikistan shall publish information in local press on registration, includingthe name and surname, date and place of birth, position and place of work,party affiliation, place of residence, family condition of the candidate, aswell as the body, which have nominated the candidate to the post of thePresident of the Republic of Tajikistan.

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