PART ONE
SECTION ONE
GENERAL PROVISIONS
CHAPTER 1
MAIN PROVISIONS
Article 1. Electoral Basics
1. In accordance with the Article 4 of the Constitution
of the
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. Citizens
of the
3. The state encourages that presidential, National Assembly
and local self-government elections be held under the principles of competitiveness
and alternative.
Amend. LR-24, 25.04.07, NKR SB ¹
13(54), 22.05.07
4. The state, the government and local self-government
bodies, as well as bodies and officials forming the Central Electoral Commission,
bear responsibility, within the framework of the powers given to them by the
legislation, for the legality of preparation, organization and conduct of elections.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 2. Citizens' Electoral Right
1. Citizens of the
The rights and obligations of citizens of the
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The Diplomatic
and Consular Missions of the Nagorno Karabakh Republic, in accordance with the
procedures set by this Code and the Central Electoral Commission, ensure the
realization of the electoral right of Nagorno Karabakh Republic’s citizens,
who, during the period of preparation and conduction of the elections, are living
in foreign countries or left for a foreign trip.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3.
Citizens’ electoral right is regulated by the Constitution of the
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. Disabled
people, as well as the voters that have difficulty to participate in the elections,
arrive at the Precinct centers and participate in the voting according to the
procedure established by the Central Electoral Commission.
5. Citizens
who have been recognized as incapacitated by a court ruling, as well as those
that have been sentenced to imprisonment and endure punishment by a court judgment
entered into legal force, cannot elect and be elected.
6. Citizens who are considered military servicemen performing
their military service or taking part in military exercises cannot participate
in local self-government elections and National Assembly elections under majoritarian
system.
Article 3. Universal Suffrage
Citizens who
have the right to vote, regardless of nationality, race, gender, language, religion,
political or other conceptions, social origin, property or other status have
the right to elect and be elected. Any restriction of the electoral right on
the above-mentioned bases is prosecuted by the law.
Article 4. Equal Electoral Right
1. Citizens
participate in elections on equal basis.
2. The state
ensures equal conditions for the exercise of the citizens' electoral right.
Article 5. Direct Electoral Right
The President
of the Republic, Deputies of the National Assembly, local self-government bodies
are elected directly. Proxy voting is prohibited.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 7. Transparency of Elections
1. Elections are prepared and conducted in a transparent
way.
2. Decisions of electoral commissions, national government
and local self-government bodies, related to the preparation and conduct of
elections, are published in the official press within three days after adopting
these decisions.
3. In the course of sessions of electoral commissions
and during the voting process, Chairs of electoral commissions ensure, in accordance
with procedures set in this Code, that proxies, observers and representatives
of the mass media participate in the activities of electoral commissions and
that necessary and equal working conditions have been provided to them.
4. The authorized agency maintaining the National Voters
Register of the
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
5. In accordance with procedures set in this Code, citizens
must be informed about the composition, location and working hours of electoral
commissions, the formation of electoral precincts and precinct centers, the
deadlines for submitting appeals about inaccuracies in voter lists, the nomination
and registration of candidates, the voting day and results of the election.
6. On the voting day, Precinct Electoral Commissions
report to Territorial Electoral Commissions the voter turnout every three hours.
Territorial Electoral Commissions sum up these reports, make them public and
forward them to the Central Electoral Commission every three hours. In national
elections (national elections are presidential elections or the ones to National
Assembly under proportional system), the Central Electoral Commission publishes
the information on the voting process from 9:00 on the voting day, and then,
from 12:00 till 21:00, every three hours, it publishes information on voter
turnout as of the preceding hour and about applications and complaints received.
The Central Electoral Commission officially publishes the final data on voter
turnout in national elections on the basis of data received from Territorial
Electoral Commissions by means of telecommunication, by 10:00 of the day following
the voting day.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
7. Proxies, accredited observers and representatives
of the mass media have the right to be present at precinct centers during electoral
commission sessions and throughout the voting process.
8. In cases referred to in Paragraph 6 of this Article,
the Central Electoral Commission announces the information through live radio
and television reports on Nagorno Karabakh Republic’s Public Radio and Public
Television, broadcast from the administrative building of the Central Electoral
Commission.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 8. Expenses for Preparation and Conduct of Elections
1. Expenses for preparation and conduct of elections
(including expenses for training of commission members, notification of voters,
compilation and maintenance of voter lists) are covered from the state budget.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The procedure
for the expenses of candidates in the period of the pre-election campaign and
their reimbursement is determined by this Code.
CHAPTER 2
VOTER LISTS
Article 9. Compilation and Maintenance of Voter Lists
1. The Nagorno Karabakh Republic’s Voter List is compiled
and maintained by Department for passports and visa issues of the Nagorno Karabakh
Republic Police (hereinafter, the “authorized agency”) that registers citizens
by their place of residence.
2. The Voter List is a continuously maintained document,
and the authorized agency bears responsibility for its compliance with the requirements
of this Code.
3. The authorized agency compiles and maintains the
4. Community leaders, heads of respective units of the
5. In cases envisaged by this Code, voter lists are also
compiled in procedure fixed by the Central Electoral Commission by heads of
Diplomatic or Consular missions of the
6. Twice a year (in July and in January) the authorized
agency checks the Nagorno Karabakh Republic’s Voter Register, data by communities
and regions (town of Stepanakert) and, in case of national elections, also by
precincts, and submit it in electronic form to the Central Electoral Commission
at least 41 day in advance of the voting day for posting on the website of the
Central Electoral Commission. The Nagorno Karabakh Republic’s Voter Register
is a permanent and integral part of the website of the Central Electoral Commission,
which contains lists of voters broken down by regions (town of Stepanakert)
and communities and, in cases stipulated by this Code, also by precincts, provided
that such lists meet the requirements of Article 11(2) of this Code regarding
voter lists.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 10. Inclusion of Citizens in Voter Lists
1. Persons who have the right to vote in accordance with
Article 2 of this Code are included in the
2. The same person cay be included only in one community
voter list, and only once.
3. Everyone who has the right to vote under Article 2
of this Code is included in the community voter list. Citizens, who have the
right to vote but are not registered, submit a request to be included in the
voter list to their community head (in the period of up to 21 days prior to
the voting day) or also to the head of the authorized agency or its respective
division (in the period of up to 15 days prior to the voting day), in accordance
with procedure set by the Central Electoral Commission. Citizens who are not
registered are included in the voter list on the basis of a document confirming
their place of residence.
At least 3 days before the voting day, by 14:00, Police
of the Nagorno Karabakh Republic presents to the head of the authorized agency
or its respective territorial division a list of police officers assigned to
duty in precinct centers on the voting day, specifying the citizen’s surname,
name, patronymic (if the patronymic is mentioned in the passport), the day,
month and year of birth, and registered address.
Based on the submitted lists, the head of the authorized
agency or its respective division removes the names of these police officers
from the voter lists in their place of registration and, in accordance with
the provisions of Article 11 of this Code regarding voter lists, compile a supplementary
list of police officers voting in the precinct center, sign and seal each page
of that list and, two
days prior to the voting day, submit it to the Chair
of the relevant Precinct Electoral Commission, together with the final voter
list.
4. Everyone with the right to vote in local self-government
elections is included on general grounds in voter lists compiled during local
self-government elections.
5. Except for local self-government elections, military
servicemen (citizens) in their regular term of duty or those engaged in military
exercises, who have been temporarily released from their service in accordance
with the laws, may be included in the voter list in their place of permanent
residence in accordance with procedures set by Paragraph 3 of this Article,
upon their application to be included in the voter list.
6. Citizens of the
7. In case of absence of a diplomatic or consular mission
of the
8. During national elections, military servicemen on
a regular tour of duty, military servicemen residing on the territory of military
units and their family members who have the right to vote, as well as citizens
who are engaged in military exercises, are included in the voter list in their
respective military unit.
9. During national elections, heads of military units
report the number of eligible voters registered in their military units to the
respective community head, to the head of the Authorized Agency, and to the
Territorial Electoral Commission, at least 45 days before the voting day.
10. Military servicemen and members of their families,
who are registered outside the military unit are included in the voter list
on general grounds.
11. Voter lists of detainees shall be compiled by heads
of the detention facilities, with participation of a member of the Territorial
Electoral Commission, three days before the voting day.
During National Assembly elections under majoritarian
system, only detained citizens registered in that particular district’s communities
are included in the voter list of detainees.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 11. Criteria Concerting Voter Lists
1. Voter lists are compiled on the basis of voters’ registered
addresses.
2. Voter lists contain the name of the region (town of
1) Voter’s number in the voter list;
2) Last name, first name and patronymic (patronymic is
included only if it appears in voter’s passport);
3) Day, month, and year of birth;
4) Registered address or residence address, if the voter
has no registration.
3. In voter lists submitted to Precinct Electoral Commissions,
the numbering mentioned in Paragraph 2(1) of this Article is done by precincts;
every page of the list also contains the precinct number and three additional
columns – for filling in the series and number of voter’s identification document,
the voter’s signature and for additional comments.
4. If there is concurrent voting in more than one election,
there are separate columns for the voter’s signatures for each of the voting
events.
5. Voter lists are compiled in the form of registers
and paginated for up to 1,000 voters. Voter lists are compiled, paginated and
signed and stamped on every page by the head of the respective division of the
authorized agency.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 12. Provision of Voter Lists to Electoral Commissions
and
1. At least 40 days before the voting day, the head of
the authorized agency or its respective division provides separate copies of
voter lists, broken down by precincts, to the heads of institutions in charge
of the premises where appropriate precinct centers are located, to be posted
in precinct centers.
2. The final voter lists broken down by precincts and
addresses of buildings (houses) included in the precinct, printed in two copies
(the first copy of the voter lists - in the form of a register, and the second
– for posting at the precinct center), as well as forms required by Article
141 of this Code for compiling supplementary voter lists, are submitted
by the authorized agency or heads of its respective divisions to the Chairs
of the appropriate Precinct Electoral Commissions two days before the voting
day.
3. The head of the authorized agency or its respective
division provides the voter lists on an electronic carrier to the Chair of the
appropriate Territorial Electoral Commission, within the timeframe specified
in Paragraphs 1 and 2 of this Article.
4. Lists of voters registered in military units are provided
to the Chair of the appropriate Territorial Electoral Commission by the heads
of those military units three days before the voting day, in sealed with sealing
wax envelopes, which are opened only on the voting day in the Precinct Electoral
Commission of the nearest settlement previously determined by the Territorial
Electoral Commission.
5. Heads of detention facilities submit their voter lists
to the Chairs of Precinct Electoral Commissions formed in their facilities,
two days before the voting day.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 13. Access to Voter Lists
1. The Nagorno Karabakh Republic's Voter Lists, with
the exception for lists compiled in military units and detention facilities
and signed by voters, are open to access.
Lists signed by voters may not be published or copied.
2. The authorized agency posts the
3. Every person and party has the right to receive hard
or electronic copies of voter lists of voters included in the National Voter
Register, divided by regions (town of Stepanakert) and communities, or, in case
of elections, also by precincts, within three days of applying to the authorized
agency or its appropriate division, for an appropriate fee. The aforementioned
lists meet the voter list requirements set out in Article 11 (2) of this Code.
4. 40 days before the voting day, heads of institutions
in charge of precinct center premises post the voter lists in a place visible
for everyone in the precinct center.
5. It is compulsory that voter lists posted in precinct
centers be accompanied by announcements about the place and deadline for submitting
applications concerning errors in the lists, and the procedures, timeframe and
terms of reviewing such applications.
6. Chairs of Precinct Electoral Commissions post the
final version of voter lists, including the supplementary lists, in a place
visible for everyone in precinct centers two day before the voting day. The
lists remain posted in precinct centers until the day of expiration of Precinct
Electoral Commissions’ authority.
7. Voter lists of voters registered in military units
are posted in a place visible for military servicemen in military units 10 days
before the voting day.
8. The authorized agency or its appropriate divisions
sends written notifications to voters, informing them of the day, place and
time of the voting, no later than 3 days before the voting day.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 14. Procedures for Reviewing Applications Concerning
Inaccuracies in Voter Lists and for Correcting Voter Lists
1. No later than seven days before the voting day, every
person has the right to apply to his/her community head about correcting inaccuracies
in voter lists, or with a request to add him/her to the lists or to remove him/her
from the lists. Anyone may also apply for the same purpose to the head of the
authorized agency or its appropriate divisions no later than five days before
the voting day.
Parties also have the right to request corrections of
inaccuracies in voter lists within the timeframe specified in this item.
2. Within two days of receiving such an application,
the community head forwards the application and his/her opinion on the matter
to the head of the appropriate division of the authorized agency.
3. Within one day of receiving the application, the head
of the authorized agency or its appropriate division makes the appropriate changes
or corrections in the voter lists (provided there are sufficient grounds for
doing so, as set out in this Code) and notify the applicant about it in a written
form.
4. The head of the appropriate division of the authorized
agency informs the authorized agency of changes made in the voter list in order
for the authorized agency to make appropriate changes or corrections in the
5. Disputes about inaccuracies in voter lists can be
appealed to courts of the first instance. The Court reaches a verdict within
five days; the verdict is final and may not be appealed.
6. Verdicts on applications about correcting the voter
lists or adding the applicant to voter lists, which were submitted within five
days before the voting day or on the voting day, is reached in such a time period
as to enable the voter to cast his/her vote.
7. Changes to voter lists, based on verdicts to add the
applicants in voter lists, which were reached within five days before the voting
day or on the voting day, are made by the appropriate Precinct Electoral Commissions,
on the voting day, by means of compiling supplementary lists in accordance with
procedures defined in Article 141 of this Code.
8. Electoral commissions have no right to make any changes
(corrections or additions) to voter lists, including the supplementary lists,
at their own initiative.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 141. Supplementary Voter Lists
1. Precinct Electoral Commissions compile supplementary
voter lists in accordance with procedures defined in this Code.
2. Supplementary lists of precinct voters include citizens
who have presented court verdicts in accordance with Paragraph 6 of Article
14 of this Code, as well as citizens registered in the area of the precinct,
but not included in the voter list, provided there is a statement issued by
the appropriate division of the authorized agency. The form of the statement
issued by the division of the authorized agency for submission to the precinct
electoral commission, certifying that a voter is not included in the voter list,
is defined by the Central Electoral Commission.
3. Supplementary voter lists are compiled in accordance
with criteria for voter lists submitted to Precinct Electoral Commission for
voting, as set out in Article 11 of this Code, but they also have an additional
column to record the number, day, month and year of the court verdict to add
the person in the voter lists or of the statement issued by the appropriate
division of the authorized agency.
4. Each page of supplementary voter lists are signed
and stamped by the Chair of the appropriate Precinct Electoral Commission; after
the voting is finished, Chair of the Commission writes down the total number
of voters included in the supplementary voter list, at the end of the list.
Documents supporting the inclusion of citizens in supplementary lists are attached
to those lists.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 3
ELECTORAL PRECINCTS AND
Article 15. Electoral Precincts
1. Electoral precincts are formed and numbered consecutively
for the purpose of organizing the voting and summarizing the results of the
vote.
2. The authorized agency or its appropriate regional
division, with the participation of community heads and a representative of
the Territorial Electoral Commission, forms election precincts no later than
45 days before the voting day, taking into consideration local and other conditions,
with the purpose of creating the most favorable conditions for voters to exercise
their electoral rights.
3. Heads of military units submit the number of registered
voters in their military units to the head of the authorized agency or its appropriate
regional division, at least 45 days before the voting day.
4. In accordance with procedures fixed by the Central
Electoral Commission, at least 45 days before the voting day precinct centers
are formed in diplomatic and consular missions of the
5. Each electoral precinct includes no more than 2,000
voters. The number set in this item may change as a result of corrections to
voter lists, but by no more than by 1%.
6. An electoral precinct may not include settlements
of different communities.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 16.
1. A precinct center is formed at an electoral precinct.
2. The head of the respective community is responsible
for furnishing the precinct center to ensure the normal course of the voting.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. Precinct centers may not be formed in buildings occupied
by national or local self-government bodies, military educational institutions,
military units or healthcare facilities. Precinct centers may be formed in detention
facilities, as well as on the electoral precincts formed at diplomatic and consular
institutions.
4. Precinct centers shall be as close as possible to
apartment blocks and houses located in that electoral precinct.
5. Local self-government bodies take necessary measures
in precinct centers in order to facilitate the exercise of electoral rights
by the disabled.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 17. Formation of Precinct Centers
1. Precinct centers are formed by community leaders no
later than 45 days before the voting day.
2. In case of impossibility of holding the voting process
at the precinct center, the community leader changes the location of the precinct
center at request of the Chair of the Precinct Electoral Commission, at least
3 days before the voting day or, in case of emergency (natural disaster, accidents,
fire), on the voting day or within two days before it, with the consent of the
Chair of the appropriate Territorial Electoral Commission.
Amend. LR-24, 25.04.07, NKR SB ¹
13(54), 22.05.07
3. Community leaders inform citizens about the formation
of electoral precincts and precinct centers within two days and in accordance
with procedures defined by the Central Electoral Commission; the same information
is also provided to heads of institutions in charge of the premises where precinct
centers are located.
4. Community leaders immediately inform the citizens,
if the location of their precinct center changes, in accordance with the procedures
described in item 2 of this Article.
CHAPTER 4
CONSTITUENCIES
Article 18. Constituencies
1. Constituencies, the number of which equals to the
number of seats in the National Assembly under majoritarian system, are formed
in the territory of the
2. Constituencies are formed and numbered by the Central
Electoral Commission, on the basis of the number of voters included in the
3. Constituencies constitute a single territory. Precincts
without a shared border may not be included in one constituency.
4. The boundaries of each constituency are set to include
approximately equal number of voters, taking into consideration the geographic,
topographic and physical characteristics of the area, availability of means
of communication, social and administrative factors; for each constituency,
the deviation caused by the aforementioned characteristics may not exceed 10%
of the ratio of the total number of eligible voters to the number of constituencies
or, in exceptional cases, 15%. If the difference between the number of voters
in the constituency and the ratio of the total number of voters to the number
of constituencies in absolute terms exceeds 10% of the ratio of the total number
of voters to the number of constituencies, the Central Electoral Commission
is required to specify in its decision all the factors supporting such a decision
and justify their impact.
5. The Central Electoral Commission publishes the list
and the plan of the numbered electoral districts in the official bulletin, on
its website and in the ‘Azat Artsakh’ Daily newspaper within 30 days after changing
the number of constituencies, fixed by this Code.
6. Boundaries of constituencies do not change in case
of extraordinary elections or re-elections of a deputy to the
7. The decision by the Central Electoral Commission on
formation and numbering of constituencies may be appealed in Court within seven
days since the official publication of that decision.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 5
PRE-ELECTION CAMPAIGN
Article 19. Basic Principles for Pre-Election Campaign
1. The state
ensures free implementation of citizens' pre-election campaign. The pre-election
campaign is exercised on equal basis. It is ensured by the state bodies, for
the purpose of organization of pre-election meetings, meetings of candidates
with the electorate and other events related to elections, by providing them
halls and other premises, upon the request of electoral commissions. They are
provided to the candidates and parties, running in elections, on equal basis,
free of charge, in accordance with the timetable and procedures established
by the Central Electoral Commission.
2. Citizens,
parties, party alliances (hereinafter - parties), public organizations of the
3. The candidates
and parties are guaranteed to have equal conditions for access to mass media
broadcasting time or length, price, etc.
4. It is forbidden
to conduct the pre-election campaign and to disseminate campaign documents of
any kind among:
a)
state and local self-government bodies, as well as their staff while performing
their official duties;
b)
judges, employees of the NKR Police and National Security Service, Prosecutor's
office, and military servicemen;
c)
charities and religious organizations;
d)
foreign citizens and organizations;
e)
members of electoral commissions.
5. The pre-election
campaign starts on the day following the deadline day for the registration of
candidates and parties, and ends on the day prior to the day of voting. Any
election campaign is prohibited on the day of voting and the day prior to it.
Campaign documents, which are not at the precinct center, remain during the
day of voting in the same place.
6. Pre-election
campaign can be held through mass media, through electoral public events (such
as pre-election rallies and meetings with electorate, public electoral discussions,
debates, rallies, marches, in accordance with the procedure, established by
the legislation) by publication of printed materials, dissemination of audio
and video materials.
7. During the
pre-election campaign candidates and parties are not allowed to give (promise)
- personally or through other means - money, food, bonds, and goods to citizens
free of charge or on privileged terms or render (promise) any services.
8. Candidates
and parties (party alliances) are required to observe the procedures envisaged
for organization of the pre-election campaign. Electoral Commissions control
the observance of the established procedure for the pre-election campaign. In
case of violation of the procedures, the Commission that has registered the
candidate or the party (party alliance), appeals to the relevant bodies, in
order to prevent them, as well as to the Court – to invalidate the registration
of that candidate or party electoral list. The Court, after receiving such appeals
from electoral commissions, has to pass a judgment within five days period,
or immediately, if they are received within five days prior to the day of voting.
Add. Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
9.
Candidates who are under arrest or detention conduct their pre-election campaign
through their proxies. For that purpose, during pre-election campaign, candidates
who are under arrest or detention have the right to meet with no more than three
of their proxies for up to two hours every day at the place of their arrest
or detention.
Article 20. Inadmissibility of Abusing the Right for Pre-Election Campaigning
During the pre-election campaign,
it is prohibited to advocate overthrowing of constitutional
order by force, violence or war, to incite national, racial or religious hatred,
as well as to publish or disseminate materials causing racial, national or religious
hatred.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 21. Pre-Election Campaign through Mass Media
1. Candidates
for the President of the Republic and the Parties registered for the National
Assembly elections by proportional system have the right of paid and free of
charge airtime (including live broadcasting) on the public radio and public
television, on equal conditions.
2. The procedures for allocating free air time on Public
Radio and Public Television to presidential candidates and parties running for
the National Assembly by proportional system is fixed by the Central Electoral
Commission on the day following the deadline for registration of candidates.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3. Candidates
and parties also have the right for equal conditions to have airtime on the
radio and television established by local self-government bodies.
4. Public Television and Public Radio are required to
provide equal conditions for all candidates and parties (party alliances) running
in the election.
News programs broadcast on Public Television and Public
Radio present impartial and non-judgmental information about pre-election campaign
run by candidates, parties or party alliances, ensuring fair and equal conditions.
Lack of campaign events by any candidate, party or party
alliance, as well as lack of information about such events cannot serve as grounds
for the mass media to refrain from reporting on other participants’ campaigns.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. The price per minute of paid air time on Public Radio
and Public Television is announced within ten days after setting the date for
national elections. That price is not changed during the whole pre-election
campaign period.
6. Candidates and parties (party alliances) running for
the National Assembly have the right on equal conditions for air time on other
radio and television companies, regardless of their form of ownership. The provisions
of Items 3 and 4 of this Article equally apply to other radio and television
companies (regardless of their form of ownership).
7. The Nagorno Karabakh Republic’s Public Television
and Radio Council monitors television and radio companies’ compliance with pre-election
campaign procedures. The Council has the right to apply to a Court on case of
any violations of campaign procedures. The Central Electoral Commission has
the right to submit to the Court its opinion concerning the violations.
8. Newspapers and magazines, regardless of their founders,
except for newspapers and magazines founded by political parties, are required
to ensure equal conditions when publishing pre-election campaign materials.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
9. Pre-election campaign through the mass media shall
be conducted in the form of public debates, round tables, press conferences,
interviews, political advertisement and other lawful forms.
10. It is forbidden to interrupt the radio and television
broadcasts of pre-election campaign with advertisements of goods and services.
11. It is forbidden to establish campaign headquarters
at precinct centers and within seven days prior to the day of voting - campaigning
at the precinct centers.
12. Broadcasted campaign-related radio and television
programs are audio and video recorded and kept for at least six months.
13. The state
and local self-government bodies, for the purpose of meetings, rallies and assemblies,
organized for pre-election campaigning, allocate necessary territories to candidates
and parties free of charge, according to the procedure established by the Central
Electoral Commission. It is forbidden to allocate historical-cultural buildings
and adjacent territories for such purposes.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 22. Procedure of Using Campaign Posters and Other Materials
1. Parties
and candidates have the right to publish and disseminate posters, leaflets and
other printed campaign materials, on an equal basis.
2. The community
leader, not later than five days after the start of the pre-election campaign,
allocates special places within the community for display of campaign posters.
Those places shall be convenient for voters' attendance. Each precinct shall
have not less than one such place. Candidates and parties are allocated equal
space in special places.
3. Depiction
of the
4. It is forbidden
to tear off the campaign posters displayed in special places, or making any
graffiti on them.
5. The community
leaders ensure that the campaign posters of candidates and parties not running
for elections be promptly removed.
6. Printed
campaign materials shall contain information about those organizations and people
that are responsible for the publication, as well as the printing company and
the quantity.
7. Dissemination
of anonymous printed campaign materials is forbidden. Whenever anonymous or
false printed campaign materials are found, the informed Electoral Commission
takes measures to prevent such activities and addresses the relevant bodies
in order to quit the illegal activities.
Article 23. Prohibition of Influencing the Expression of Citizens' Free
Will
1. Journalists and editorial staff of Public Radio and
Public Television, as well as of other radio and television companies, who are
registered as candidates, shall be prohibited from covering the elections and
hosting radio and television programs.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. During pre-election campaign, state and local self-government
officials and employees, as well as employees of public media and media founded
by local self-government bodies are not allowed to use their authority (rights)
with the purpose of influencing the free expression of citizens’ will by creating
unequal conditions for candidates and partiality. If nominated as candidates,
these individuals use state and public mass media, in accordance with procedures
set out in this Code.
3. When publishing results of sociological surveys on
the ratings of candidates and parties (party alliances), the mass media, citizens,
or organizations publishing such results are required to specify the name of
the organization that has conducted the survey, timing of the survey, the number
of respondents, the sample type, the data collection method and location, the
exact wording of the question, statistical estimate of the possible margin of
inaccuracies, and who has financed the survey and publication of its results.
Publication of results of sociological surveys on the ratings of candidates
and parties (party alliances) during the seven days prior to the voting day,
including until 8:00 pm on the voting day, is prohibited.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 231.
Restrictions on Pre-Election Campaigning
by Candidates Who Occupy Political or Discretionary Positions or
Candidates, who occupy political or discretionary positions,
as well as state servants, conduct their pre-election campaign on general grounds,
subject to restrictions imposed by this Article:
1) Campaigning in the process of performing one’s official
duties or any abuse of official position in order to gain advantage in elections
is prohibited;
2) The use of premises, vehicles, communication facilities,
material and human resources, which are provided for the performance of one’s
official duties, for campaign purposes is prohibited, with the exception for
measures envisaged by the Nagorno Karabakh Republic’s legislation for high-level
officials subject to special state protection. Such candidates use state property
for campaign purposes on general grounds.
3) Coverage of the activities of such candidates by the
mass media is prohibited, with the exception for cases described in the Constitution,
official visits and receptions, as well as actions taken by such candidates
during natural disasters.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 24. Prohibition of the Pre-Election Campaigning on the Day of Voting
and the Day Prior to it
1. On the voting
day and the day prior to it, within the building where the precinct center is
located or in its vicinity, as well as right at its entrance, it is forbidden
to influence on the voters orally or in written form, through music or visual
means, to collect signatures, as well as to campaign in other ways.
2. Until the
end of the voting it is forbidden to publish voter's survey results on the question
who they have voted for.
3. It is forbidden
to assemble in groups on the day of the election in the area surrounding the
precinct center, in the radius of 50 meters.
CHAPTER 6
FUNDING OF THE ELECTIONS
Article 25. Funding for Organization and Conduct of Elections
1. Expenses
for organization and conduct of elections, including the compilation of the
voter lists, as well as the required expenses for the activities of electoral
commissions are covered by the state budget. Relevant expenses are envisaged
by separate budget line of the state budget.
2. The funds
envisaged for elections are allocated to the Central Electoral Commission within
five days after the elections are assigned.
3. In the case
of extraordinary elections the necessary funds are allocated from the reserve
fund of the state budget.
4. Financial
means of the commissions are provided in conformity with procedures established
by the Government of the RA, based on budget estimates provided by the Central
Electoral Commission. Chairpersons of Electoral commissions manage the financial
means and are responsible for using those means in accordance with procedures
established by the Central Electoral Commission.
Article 26. Pre-election fund
1. Candidates, parties and party alliances have the right
to form pre-election fund for financing their campaign, as well as for paying
the election deposit required by this Code. Candidates running for the National
Assembly only under proportional system cannot set up pre-election funds. The
financial means in pre-election funds of presidential candidates, parties and
party alliances are accumulated at any bank functioning in the
Pre-election funds shall be made up of:
1) the candidate’s personal means;
2) means provided to the candidate by the party that
has nominated him/her;
3) the party’s own means;
4) voluntary contributions by physical persons and legal
entities.
2. The following
categories have no right to make contributions to pre-election funds:
1) state and
local self-government bodies;
2) budgetary
institutions (organizations);
3) foreign
physical and legal persons;
4) persons
without citizenship;
5) economic
organizations, in the charter or share capital of which the
6) organizations
which have foreign means in the amount of more than 30 per cent in their share
capital;
7) charities
and religious organizations, international organizations and international non-governmental
movements;
8) state non-profit
organizations.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
The amounts
paid to the pre-election funds by the above-mentioned physical and legal persons
are transferred to the state budget.
3. The Central
Electoral Commission establishes the procedure for voluntary contributions to
the pr-election funds.
4. The maximum amount of pre-election fund contributions
by physical persons and legal entities is set by this Code. Any contributions
in excess of the maximum limit, as well as amounts left in pre-election funds
in case the candidates, parties or party alliances are not registered, or after
elections, except for cases specified in this Code, are transferred to the state
budget.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. Means of
the pre-election funds are spent through proxies of the candidate and the party.
6. Those banks,
in which special temporary accounts have been opened, periodically – every three
days – submit a notice to the relevant electoral commission on the contributions
made to the pre-election funds of candidates and parties. These banks return
the amounts exceeding the maximum amounts established by this Code, to those
having the right of making contributions to the pre-election funds.
7. If the candidate
or the party besides the means of the pre-election fund uses other means for
the pre-election campaign, the Court, based upon the application of the Central
Electoral Commission, recognizes the registration of the candidate or the party
list as out of force.
8. All the
transactions connected with the accounts of candidates' and parties' pre-election
funds are terminated from the day of voting.
9. The Central
Electoral Commission can allow candidates and parties to make payments from
the fund also after the voting day, for the transactions carried out before
the day of voting.
10. In case
if the elections being declared invalid, the means in the pre-election funds
are frozen until the registration of candidates and parties for the new elections.
The candidates and parties re-registered for new elections can use the means
left in their pre-election funds. In case the candidates or parties have not
been registered for new elections, the means left in their pre-election funds
are transferred to the state budget.
11. Candidates and parties running for National Assembly
shall submit declarations about contributions to their pre-election funds and
the ways they were used; the declarations are submitted to electoral commissions
that had registered the candidates or parties, no later than six days after
the end of elections. The form of the declaration and the procedures for submitting
it shall be defined by the Central Electoral Commission.
The declaration contains:
1) the chronology of all contributions to the pre-election
fund, the first and last names of all contributors, their registered address,
and the size of their contribution;
2) all the expenses, the day when they were made, and
information on documents confirming the expenses;
3) the amount remaining in the pre-election fund (if
any).
During national elections, electoral commissions forwards
the declarations to the Central Electoral Commission’s Oversight and Audit Service
within three days after receiving them. Declarations submitted by presidential
candidates and parties and party alliances participating in the National Assembly
elections are posted on the Central Electoral Commission’s website within three
days, whereas copies of other candidates’ declarations are made available to
proxies, representatives of mass media, and observers.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 27. Oversight and Audit Service
On the day of announcing the election date, the Central
Electoral Commission establishes an Oversight and Audit Service within the Commission
to oversee the proper use of funds allocated to electoral commissions for organization
and conduct of national elections and to monitor the contributions to pre-election
funds, their accounting and use.
Relevant specialists can be included in the work of the
service on contractual basis. Having received declarations on the use of finances
in campaign funds of candidates, parties and alliances from commissions that
have registered them, pursuant to procedures established in Article 26 (11)
of the Code, the Oversight and Audit Service within one month checks them and
submits the materials to the Central Electoral Commission for discussion. Materials
about violations discovered as the result of discussion are sent, upon decision
by the Central Electoral Commission, to a court of the first instance. The procedure
for the activities of the Oversight and Audit service is established by the
Central Electoral Commission.
The Oversight and Audit Service terminates its activity
on the 45th day after the announcement of the final results of elections.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 7
PROXIES, OBSERVERS AND REPRESENTATIVES OF MASS MEDIA
Article 28. Status of Proxies
1. Parties, after registering their election lists, and
candidates, after registering themselves, may have proxies for protecting their
interests in electoral commissions and in their relations with state and local
self-government bodies, organizations and mass media. Only citizens of the
2.
After registration of party lists and candidates, proxies receive stamped certificates,
in accordance with submitted lists, but no more than thrice as much as the number
of precincts. The certificated are issued within five days of submitting the
request. An appropriate commission writes in the candidate’s first name, patronymic,
last name and the name of the party. Certificates are filled in by the candidate,
his/her authorized representative or an authorized representative of the party
and given to the proxy.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. The Central
Electoral Commission establishes the procedure for registration of proxies.
Any candidate, his/her authorized representative or party’s authorized representatives
can at any time recall their proxies and appoint new ones, informing in writing
the relevant electoral commission.
4. Judges,
employees of the NKR Police, Ministry of Defense, National Security Service,
Prosecutor's office, Tax and Customs bodies, Social Insurance bodies (services),
the military, the clergymen, members of electoral commissions, heads of the
state-owned means of mass media and foreign citizens cannot become proxies.
Article 281.
Rights and Responsibilities of Proxies,
and Safeguards for Proxy's Activity
Proxies have the right:
1) to attend in commission sessions with an advisory
vote, and be present in the voting room during the voting;
2) to examine election documents, including appropriate
court decisions and statements issued by the authorized agency;
3) to have open access to all election documents that
are under control of the particular electoral commission, the electoral commission’s
decisions and protocols in the presence of the electoral commission’s Chair,
deputy Chair, secretary or any other commission member designated by the commission
Chair, to receive copies of the aforementioned documents, take excerpts from
them, as well as to examine voted ballots in accordance with the same procedures.
Copies of or excerpts from decisions, protocols and other records shall be stamped
and signed by the Chair (deputy Chair) and the secretary of the commission.
Documents received from Precinct Electoral Commissions shall be stamped on the
voting day only;
4) to appeal commission’s decisions, actions or inaction;
5) to observe the process of printing, transporting,
storing and counting the ballots in accordance with procedures defined by the
Central Electoral Commission;
6) to be physically present near commission members,
who register voters, issue ballots and stamp the ballots or watch over the ballot
box, and observe their activities without interfering with their work;
7) monitor the electoral commission’s work on the voting
day, and make comments and suggestions to the commission Chair regarding the
commission’s work, in response to which the commission Chair shall take appropriate
measures;
8) to examine freely the voted ballots and marks made
on them in the presence of the electoral commission’s Chair, deputy Chair, secretary
or any other commission member designated by the commission Chair, when the
results of the vote are being summarized, and to be present during the counting
of ballots and summarization of the vote results;
9) to enjoy other rights prescribed by this Code.
2. Proxies enjoy their rights in accordance with procedures
defined in this Code.
3. One proxy for each candidate and each party (party
alliance) running in the National Assembly elections can attend electoral commission’s
session (with an advisory vote) and during the voting.
4. No restriction of the proxies’ rights is allowed.
No one, including electoral commissions, have the right to ask proxies to leave
the voting room or to isolate them in any other way from being present at the
commission’s activities, except in the case of their arrest or detention.
5. Proxies are not be prosecuted for their opinions about
the course of the elections or the summarization of their results.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 29. The Right of the Observation
1. During the
election the following have the right of observation mission:
1) International
organizations,
2) Representatives
of foreign countries,
3) Non-Governmental
organizations of the Nagorno Karabakh Republic and of foreign countries, whose
charter provisions include issues of democracy and protection of human rights
and who do not support the candidates or parties.
11. International organizations, representatives
of foreign states and foreign nongovernmental organizations can carry out observation
missions, if they have an appropriate invitation. The following shall have the
right to send invitations to the aforementioned organizations and persons to
carry out observation missions:
1) The President of the
2) The National Assembly of the
3) The Government of the
4) The Central Electoral Commission of the
2. The Central
Electoral Commission establishes the procedure for performing the observation
mission.
Article 30. Accreditation of Observers
1. The organizations
and persons mentioned in Article 29 of this Code can perform observation after
having been accredited with the Central Electoral Commission.
2. Requests
for accreditation are presented to the Central Electoral Commission starting
from the day of assignment of elections, but not later than ten days prior to
the day of voting.
3. The Central Electoral Commission issues the accreditation
for the observation mission, as well as stamped certificate for observers on
the basis of submitted lists to the appropriate organization within no more
than seven days after receiving the application.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. Removed
by LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. In case
if the observers, after having been accredited, support any candidate or party,
the Central Electoral Commission has the right to deprive the relevant organization
of the observation rights.
6. Authorities of persons performing observation mission
terminates on the 10th days after the official announcement of the
election results, unless the election results are challenged in a court of law.
In the case if the election results are challenged in a court of law, the authority
of observers terminates the day after the judicial act is announced, unless
re-voting or new elections are ordered. Observer organizations are not required
to re-register in the case of re-voting or new elections.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 31. Rights, Responsibilities and Safeguards for Activity of Proxies,
Domestic and International Observers (Hereinafter Observers), and Mass Media
Representatives
1. Observers and representatives of mass media have the
right:
1) to attend sessions of the electoral commission and
precinct centers during the voting; to observe the process of printing, transporting,
storing and counting the ballots in accordance with procedures defined by the
Central Electoral Commission;
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2) to have free access to electoral documents, sample
ballots, electoral commission decisions and protocols of meetings by that particular
electoral commission, and to receive their copies and make excerpts from them.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2nd paragraph removed by LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3) to move freely around precinct centers for observation
of ballots and ballot boxes, in accordance with procedures defined by the Central
Electoral Commission.
2. Observers and representatives of mass media have no
right to interfere with the work of electoral commission.
3. Removed by LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
4. On the voting day, observers monitor the work of electoral
commissions. They can make comments and suggestions about the work to the commission
Chair, and the latter takes appropriate measures.
5. Any restriction of the observers’ rights and representatives
of mass media in all electoral processes is prohibited.
6. Observers and representatives of mass media cannot
be prosecuted for their opinions about the course of the elections or the summarization
of their results.