Requirement to hold a hearing

Constitutional Law Of TheRepublic Of Tajikistan “On the Election of the President of the Republic ofTajikistan” (1994-07-21) (With amendments as of January 1,2006)

III. ELECTION COMMISSIONS FOR THE ELECTION OFTHE PRESEIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 19. Reviewing of complaint withregard to the decisions of election commission

Claims on decisions of election commissionshall be filed to the upper election commission or to court within 10 days fromthe day of adoption.

On decision of the Central Commission forElections and Referenda claims can be filed to the Supreme Court of the Republic of Tajikistanwithin 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 CONCLUSION OFRESULTS OF THE ELECTION OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 34. Determining result of election ofthe President of the Republic of Tajikistan

The Central Commission for Elections andReferenda based on the protocols delivered by the district election commissionsshall determine the number of voters in the republic, the number of voters whoreceived ballot papers, the number of voters who participated in voting, thenumber of votes given “in support” and “against” each candidate and the numberof ballots recognized invalid.

Election of the President shall be recognizedvalid if more than 50 per cent of voters included in the list haveparticipated.

The candidate who have won more than 50 percent of electorate votes who have participated in voting shall be recognizedthe elected President of the Republic of Tajikistan.

Election in general or in constituencies andpolling stations can be considered invalid due to violations occurred in theprocess of election or ballot counting, which had an impact on the result ofelection. Decision oninvalidating of election shall be made by the Central Commission for Electionsand Referenda, which can be appealed at the Supreme Court of the Republic ofTajikistan within 10 days. The right to appeal the decision onrecognition of election invalid shall belong to candidates to the post of thePresident of the Republic of Tajikistan.

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