What remedies are available in the first instance?

OSCE/ODIHR ElectionObservation Mission, Republic of Tajikistan, Presidential Election, 6 November2013 Interim Report (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)

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

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 republicansubordination;

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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