Maximum adjudication time for the full EDR process (days)

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 Court of the Republic of Tajikistan within 10 days oftheir adoption. Claims shall be subject to consideration within three days and in case if thereare less than six days before election, claims shall be considered immediately.

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

Registeringcandidates nominated to the post of the President and their proxies takes placeby the Central Commission for Elections and Referenda within three days aftersubmission of necessary papers but not later than 25 days prior to the electionday.

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Ifthe Central Commission for Elections and Referenda rejects registration of acandidate to the post of the President of the Republic of Tajikistan, politicalparties, Federation of independent Trades Union, Youth Union of Tajikistan,local state power representative bodies, majlis of deputies’ representatives ofMajlises of people’s deputies of districts and towns of the republican subordination,which have nominated the given 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.

Legislationline,

Regarding thePresidential elections section: General rule for claims consideration isestablished to be “three days and incase if there are less than six days before election, claims shall beconsidered immediately.” (Article 19). However part 5 that concernsspecifically issues related to nomination and registration of candidates and inparticular Article 25 stipulates that in case CEC rejects candidate registrationthere is a mechanism to file a claim to the Supreme Court and this “claim shall be considered withinone week”. According to the general law interpretation a special normprevails even though it is in contradiction with general rule. In cases, wherethere is no harmonisation and special law or clause contradicts general law or clause,it should be understood that this special clause evinces more clearlylegislator’s intent than that of a general rule.

One week (7 days)