SECTION TWO
ELECTORAL COMMISSIONS
CHAPTER 8
THE SYSTEM OF ELECTORAL COMMISSIONS,
THE STATUS OF MEMBERS OF ELECTORAL COMMISSIONS
Article 32. The System of Electoral Commissions
1. For the
purpose of organizing and conducting elections, a three-level system of electoral
commissions is formed in the Republic: Central Electoral Commission, Territorial
Electoral Commission, and Precinct Electoral Commission.
2. One Territorial
Electoral Commission is formed in each administrative-territorial district of
the
3. The Stepanakert
Territorial Electoral Commission is authorized to organize and conduct the elections
to local self-government bodies of Stepanakert, the territory of which lies
in more than one electoral district.
4. If an electoral district includes communities from
different regions, the Territorial Electoral Commission organizes and conducts
elections to local self-government bodies only in communities of the region
where the Territorial Electoral Commission is located.
5. State and local self-government bodies provide Territorial
Electoral Commissions with appropriate premises and assist normal functioning
of the Commissions.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 33. The Electoral Commissions
1. The electoral
commissions ensure realization and protection of citizens' electoral right.
During the performance of their authority, the electoral commissions function
independent from the state and local self-government bodies.
2. Electoral commissions shall act on the basis of principles
of legality, collegiality and openness.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. Decisions
by electoral commissions, adopted within the framework of their authority, are
binding.
Article 34. Status of the Members of Electoral Commissions
1. Members
of electoral commissions are exempt from military call-ups and training exercises
and in the period of the national elections – from military conscription.
2. During national
elections members of the Central Electoral Commission during the entire period
of the Central Electoral Commission’s activity and members of Territorial and
Precinct Electoral Commissions may be arrested or subjected to administrative
or criminal judicial prosecution only upon the content of the Central Electoral
Commission.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. Chair, deputy
chair and Secretary of the Central Electoral Commission work on permanent basis
and have no right to perform other paid work, except for scientific, academic
and creative work.
4. Authority
of members of the Central and Precinct Electoral Commissions are in force until
formation of new Central and Precinct Electoral Commissions.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. Members
of electoral commissions have the right to get familiarized beforehand with
the issues and documents submitted for consideration of the commission, deliver
speeches at commission sessions, submit proposals and require voting on those,
to pose questions to the commission members and get comprehensive answers.
6. Members
of electoral commissions are obliged to implement the instructions of the commission’s
Chair within the latter's authorities.
7. By request
of Chair of relevant commission, members of the superior electoral commission
have the right to participate in the session of a subordinate electoral commission
with an advisory vote, and be present at precinct center on the day of voting.
8. For the
period of their activities, members of electoral commissions can be released
(immediately released if required by the electoral commission) from performing
their job related duties in production or service.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
9. Electoral commission members are remunerated from
the state budget.
Chair, deputy chair, secretary and members of the Central
Electoral Commission are remunerated in accordance with the Nagorno Karabakh
Republic Law on “Official Rates of Remuneration for Senior Officials in Legislative,
Executive and Judicial Branches of the
In the period of preparation and conduction of all the
elections, members of the Central Electoral Commission are remunerated in the
amount of 50% of remuneration for the deputy chair of the Central Electoral
Commission, and in all other periods – in amount of 10.000 AMD.
Chair of the Territorial Electoral Commission is remunerated
in the amount of 40% of remuneration for the chair of the Central Electoral
Commission.
During national elections, new of additional elections
to the NKR National Assembly by majoritarian system concurrently in more than
two communities or in communities with more than 1.000 voters, deputy chair
and secretary of the Territorial Electoral Commission are remunerated for each
month of the election period (60 days) in the amount of 40.000 AMD, while members
of the Territorial Electoral Commission – 30.000 AMD.
During the elections period, chairs of Precinct Electoral
Commission are remunerated in the amount of 30.000 AMD a month, deputy chairs,
and secretaries receive - 30,000 drams a month, members of Precinct Electoral
Commissions – receive 3.000 AMD of daily remuneration.
Members of electoral commissions are required to participate
in the appropriate commission’s activities and perform their duties as established
by law. Failure to perform their duties without reasonable excuse is prosecuted
by law. Electoral commission members continue receiving their salaries from
their main jobs.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 9
FORMATION OF ELECTORAL COMMISSIONS
Article 35. Principles for Formation of Electoral Commissions
1. Electoral commissions are made up of citizens of the
Nagorno Karabakh Republic with electoral right, who, in accordance with procedures
defined by the Central Electoral Commission, have passed professional training
on conducting elections, and have received appropriate certificates of completion,
with except for members of electoral commissions formed in diplomatic and consular
missions of the Nagorno Karabakh Republic in foreign countries.
2. Special training courses on elections are organized
by the Central Electoral Commission. The Central Electoral Commission announces
through mass media the procedures and deadline for applying for such courses
at least 10 days before starting to accept the applications. Citizens of the
3. Information about the composition of electoral commissions
is published in accordance with procedures defined by the Central Electoral
Commission.
3. One citizen may be included in one electoral commission
only.
4. Members of the National Assembly, judges, ministers
and their deputies, heads of regional administration, mayor of Stepanakert,
community leaders, employees of the National Security Service, Police, Ministry
of Defense, Prosecutor’s Office, judicial enforcement department, penitentiaries,
customs and the banking sector, proxies, observers, candidates, international
organizations as well as persons convicted of crimes described in Articles 149-154
of the Criminal Code of the Nagorno Karabakh Republic, cannot serve as members
of electoral commissions.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 36. Procedure for Formation of the Central Electoral Commission
1. The Central
Electoral Commission is comprised of:
1) three members
nominated by the President of the Republic
2) one member from each party or alliance with a faction
in the National Assembly, appointed by a decision of the permanent body of that
party or, in the case of alliances, the joint decision of permanent bodies of
parties within the alliances, passed by majority vote.
If there are no more than three parties and party alliances
having factions in the National Assembly, each party and alliance nominate two
members of the Central Electoral Commission each.
If any party (of alliance) fails to nominate its candidates
within time period set by this law for forming the Central Electoral Commission,
in accordance with the requirements of sub-paragraph 2 of this Item, then the
vacancy in the Commission is filled by the appropriate faction;
2. Information on the Central Electoral Commission members
is submitted to the NKR President’s Staff no earlier than 40 days, but no later
than by 18:00 of the 10th day before expiration of the Central Electoral
Commission’s term. Chair of the Central Electoral Commission notifies bodies
mentioned in Item 1 of this Article about expiration of the Central Electoral
Commission’s term no later than 50 days before the expiration date.
The new Central Electoral Commission is formed and assumes
its authority on the 60th day after opening of the new National Assembly’s
session.
The new Central Electoral Commission is considered formed,
if at least two thirds of its members have been appointed. If the minimum number
of Commission members has not been appointed by the deadline for the formation
of the Central Electoral Commission, in accordance with the requirements fixed
in Item 1 of this Article, members are appointed by the NKR President, until
the minimum number is reached.
3. The composition of the Central Electoral Commission
is approved by a decree of the NKR President on the basis of nominations made
by the entities responsible for forming the Central Electoral Commission within
ten days of submitting the nomination.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. The Central Electoral Commission’s activity is directed
by the Commission Chair or, as assigned by him/her, the Deputy Chair. During
its first session the Central Electoral Commission elects its Chair, Deputy
Chair and Secretary. The Central Electoral Commission’s first session is held
at 12:00 (noon) on the day of Commission’s formation, and may last until 24:00.
It takes place in the Central Electoral Commission’s administrative building.
The first session is chaired by the most senior (in terms of age) member of
the Central Electoral Commission.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. The right
to nominate candidatures for the position of the Chair of the Central Electoral
Commission belongs to the members of the Central Electoral Commission.
6. If one candidate
has been running for the position of the Chair of the Central Electoral Commission,
he/she is considered elected if received more than half of the votes cast.
7. If two candidates
have been running for the position of the Chair of the Central Electoral Commission,
the candidate with majority of votes is considered elected.
8. If more
than two candidates have been running for the position of the Chair of the Central
Electoral Commission, and none of them received more than half of the votes
cast, repeated voting is held between the candidates that have received most
votes.
9. In case
if no Chair is elected at the first session of the Central Electoral Commission
in established procedure, Government appoints within three days Chair of the
Central Electoral Commission from members of the Central Electoral Commission.
10. Election
of the deputy chair and Secretary of the Central Electoral Commission is held
in procedure envisaged by this Article for electing Chair of the Central Electoral
Commission.
Article 37. Procedure for Formation of the Territorial Electoral Commission
1. Members of the Central Electoral Commission appoint
members of the Territorial Electoral Commissions, basing on the principle of
‘one member of the Central Electoral Commission per one member of Territorial
Electoral Commission’, from persons who have participated in professional training
and received appropriate qualification.
Territorial Electoral Commissions are formed and assume
their powers 15 days after the Central Electoral Commission assumes powers.
Territorial Electoral Commission is considered formed if at least two thirds
of its members have been appointed. If the minimal quantity of the Commission
members has not been reached by the deadline for formation of Territorial Electoral
Commissions, in accordance with requirements fixed in Item 1 of this Article,
the necessary number of members will be appointed by Chair of the Central Electoral
Commission, until the minimum number is achieved.
Basing on suggestions by bodies, responsible for formation
of the Territorial Electoral Commissions, Chair of the Central Electoral Commission
publishes composition of the Territorial Electoral Commission within ten days
after receiving the proposals.
2. Chair of the Territorial Electoral Commission or deputy
chair (if assigned by the chair) regulates functioning of the Territorial Electoral
Commission.
3. Members of each Territorial Electoral Commission elect
Chair, Deputy Chair and Secretary of that Territorial Electoral Commission from
among Commission members, at the fist session of Territorial Electoral Commission.
The first session of Territorial Electoral Commission takes place at 12:00 (noon)
on the day of formation of the Territorial Electoral Commission. The most senior
()in terms of age) member of the Commission chairs the first session of the
Territorial Electoral Commission.
5. The right to nominate candidates for the Chair of
a Territorial Electoral Commission belongs to members of that Territorial Electoral
Commission.
6. Chair, Deputy Chair and Secretary of Territorial Electoral
Commissions are elected in accordance with procedures for electing Chair of
the Central Electoral Commission.
7. If a Territorial Electoral Commission fails to elect
a Chair in accordance with the established procedures and within the required
timeframe, the Government appoints Chair within three days from among members
of that that Territorial Electoral Commission.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 38. Procedure for Formation of Precinct Electoral Commissions
1. Members of Precinct Electoral Commissions are appointed
by members of appropriate Territorial Electoral Commissions, basing on the principle
of ‘one member of Territorial Electoral Commission per one member of Precinct
Electoral Commission’.
2. In order to form Precinct Electoral Commissions in
accordance with these procedures, members of Territorial Electoral Commissions
shall submit their nominations to the Chair of their respective Commission by
18:00, no earlier than 19 days and no later 16 days before the voting day.
3. If Precinct Electoral Commissions fail to be formed
in accordance with the aforementioned procedures, the remaining vacancies in
them shall be filled by the Chair of the appropriate Territorial Electoral Commission
within three days. The number of members of each Precinct Electoral Commission
shall not be less than 7.
If by 8:00 am on the voting day the number of members
of a Precinct Electoral Commission is less than two thirds of required, the
Chair of that Precinct Electoral Commission notifies Chair of the appropriate
Territorial Electoral Commission, using any available means of communications.
Chair of the Territorial Electoral Commission appoints members of Precinct Electoral
Commission from among persons who have passed training on elections and received
certificates for working in Precinct Electoral Commissions, taking into consideration
their place of territorial-administrative affiliation.
4. The first session of a Precinct Electoral Commission
is called by Chair of the appropriate Territorial Electoral Commission at the
precinct center, at 12:00 (noon), the next day after the commission is formed;
it is chaired by the most senior (in terms of age) member of the Precinct Electoral
Commission.
5. At the first session Precinct Electoral Commissions
elects Chair, Deputy Chair and Secretary from among themselves.
6. Chairs, Deputy Chairs and Secretaries of Precinct
Electoral Commissions are elected within two days, in accordance with procedures
for electing Chair of the Central Electoral Commission.
7. If a Precinct Electoral Commission fails to elect
a Chair within the required timeframe, the Chair is appointed by the Chair of
the appropriate Territorial Electoral Commission from among members of the appropriate
commission, no later than two days after the deadline set in Item 6 of this
Article.
8. The authority of Precinct Electoral Commissions is
terminated 14 days after the voting day or, in case of re-voting, 14 days after
the re-voting day.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 39.
Dismissal of Chairs, Deputy Chairs and Secretaries
of Electoral Commissions and Early Termination of Commission Members’ authorities
1. Chair, Deputy
chair and Secretary of an Electoral Commission can be removed from position
by decision adopted by at least 2/3 of the total votes of members of the relevant
commission. Chair of an Electoral Commission can be removed not later than 4
days before the election date. The same session that removes Chair from office
elects a new Chair in accordance with procedures established by this Code.
2. Powers of
members of the electoral commission are terminated ahead of time, in case:
1) if he/she
does not any more have the right to vote;
2) of his/her death;
3) based on
the Item 10 of Article 40;
4) of his/her
request;
5) of military
draft
3. In the case of early termination of an electoral commission
member authority, a person or body authorized to appoint electoral commission
members cannot again nominate the same person to electoral commission for a
period of three months.
4. In the case of early termination of electoral commission
members’ authorities, vacancies left by them are filled by nominations from
persons or bodies authorized to appoint members of that commission, and, in
case of the Central Electoral Commission - by decree of the NKR President within
10 days.
In the case of early termination of a Precinct Electoral
Commission member authority, the vacancy is filled on the basis of a nomination
by member of superior Electoral Commission, who had appointed this member. The
change is subject to approval by Chair of the Territorial Electoral Commission.
In the case of early termination of a member of a Precinct Electoral Commission
in the period of 15 days before the voting day, the vacancy is filled up until
5 days before the voting day basing on nomination by member of superior Electoral
Commission, who had appointed this member. If no appointments are made within
the aforementioned period of time, the vacancies are filled by Chair of the
Territorial Electoral Commission by drawing a lot (up until a day before the
voting day) or without drawing a lot (on the voting day), among persons who
have passed training on how to conduct elections and received certificates for
working in Precinct Electoral Commissions, taking into consideration their place
of territorial-administrative affiliation.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 40. Organization of Electoral Commissions’ Functioning
1. Activities of the electoral commission are conducted
based on the principle of collegiality.
2. Activities
of the electoral commission are supervised by Chair of the commission, or by
the Deputy chair if assigned by the Chair.
3. Removed by LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. Chair of
the electoral commission decides upon the timetable for holding regular sessions.
5. Extraordinary
session is convened by the Chair of the commission on his/her initiative or
upon written request of at least one-third of the commission members, within
dates fixed out by them. The Chair informs in writing members of the commission
of the date of the extraordinary session.
6. The session of the electoral commission is valid,
if it is attended by more than half of the commission members except for regular
sessions that take place from the day of announcing national elections until
the decision on summarizing the results of the election.
Regular sessions, which take place from the day of announcing
national elections until the day of decision on summarizing the results of the
elections, are considered valid regardless of the number of members present
at the session, provided that all the possibilities for ensuring the participation
of the number of commission members necessary to convene a session have been
exhausted.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
7. A vote is considered valid, if more than half of the
commission members have taken part in it. Commission members are required to
participate in a vote. A decision is considered adopted if more than half of
the commission members have voted for it. With equal number of votes the vote
of Chair of the Electoral Commission (session’s Chair) is decisive.
Starting from the day of announcing republican elections
until the day of taking decision concerning summarizing the elections’ results,
the decision is considered adopted if number of commission members who voted
for it is more than the number of those against.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
The electoral commissions get a register with numbered
pages and sealed by the superior commission, which must include records on preparation
and conduct of elections by respective dates. The requirements for the registry,
as well as procedure on how they have to be filled in, are fixed by the Central
Electoral Commission.
9. Records
about the attendance of the commission members to the sessions of the commission
are entered into the registry. The members present at the session of the commission
put their signatures under the minutes.
10. The members
of the electoral commissions should attend the sessions of relevant electoral
commissions. In case of three absences without an excuse, the relevant commission
is entitled to terminate the authority of the member by a decision taken by
the majority of votes of the total number of commission members.
Article 41. Procedures for Adjudication of Decisions, Actions and Inactivity
of the Electoral Commission
1. Complaints about decisions or actions (inaction) of
Precinct Electoral Commissions, including requests for a recount of the precinct
voting results, shall be submitted to the appropriate Territorial Electoral
Commission.
2. Complaints about decisions or actions (inaction) of
Territorial Electoral Commissions shall be submitted to the court of the first
instance in the area where that particular Territorial Electoral Commission
is located, except the ones concerning decisions on results of National Assembly
elections under majoritarian system and local self-government elections.
3. Decisions or actions (inaction) of the Central Electoral
Commission, except decisions on election results, may be appealed in a court
of appeals.
4. The Central Electoral Commission has the right to
overturn any decision by a Territorial Electoral Commission that contradicts
the requirements of this Code, and to adopt an appropriate decision on the issue
in question; such decision is binding for the Territorial Electoral Commission.
The provision of this Item does not apply to the Territorial Electoral Commissions’
decisions concerning elections to National Assembly under majoritarian system,
elections of heads of local self-government bodies or Council of Elders.
If violations of this Code’s requirements occur during
the voting process that may have affected the outcome of the vote, the Territorial
Electoral Commission can invalidate the results of the vote in that particular
precinct. In case of invalidation of voting results in a precinct, in accordance
with procedures, fixed in this Item, all available materials on the matter are
forwarded to a prosecutor’s office for initiating a criminal case.
5. Decisions of electoral commissions, actions or inaction
of an electoral commission and/or any of its officials may be appealed within
two days after announcement of the decision and discovering any infringement
of law by action or inaction, but no later than by 12:00 (noon), within five
days after the voting day, except for cases described in Items 6, 9 and 12 of
this Article.
The superior electoral commission takes decisions on
submitted complaints before announcing final results of the elections results.
Superior electoral commission and the court of first instance adopt decisions
within five days, unless otherwise fixed by this Code.
6. Request for a recount of the voting results in a Precinct
Electoral Commission can be submitted only to the appropriate Territorial Electoral
Commission until 14:00 on the day after the voting day.
7. From the time the election date is set until the summarization
of the election results, electoral commissions respond to all complaints received
or, in cases specified by this Code, adopt decisions regarding the complaints
within five days. Complaints, received within five days before the voting day
or the period set for summarizing the election results, are reviewed and, in
cases specified by this Code, decisions regarding them are taken before the
voting day or before the summarization of the election results, respectively.
8. Courts take resolutions on complaints regarding decisions
and actions (inaction) of electoral commission within the timeframe set in Item
7 of this Article. Such court verdicts are final and enter into force from the
moment of publication.
9. Disputes regarding decisions that were passed as a
result of elections, except for the results of local self-government elections,
are resolved by the Supreme Court of the
10. The Territorial Electoral Commissions’ decisions
on the results of elections to local self-government bodies may be appealed:
1) in courts of first instance, in case with rural community,
2) in courts of appeal, in the case of urban communities.
11. Decisions of Territorial Electoral Commissions on
the results of elections to the Council of Elders can be appealed in the court
of the first instance.
12. Decisions of Territorial Electoral Commissions on
the results of local self-government elections may be appealed within three
days after their adoption.
13. If the voting results in a precinct have been invalidated,
the voter turnout in that precinct is considered inaccuracy in that precinct,
and is taken into consideration when summarizing the election results, in accordance
with procedures set by this Code.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 411.
Procedures for Reviewing Applications
(Complaints) and
Suggestions in Electoral Commissions
1. Electoral commissions review applications (complaints)
and suggestions and reply to applicants within the timeframe established by
the
2. Electoral commissions receive, register and review
only applications (complaints) and suggestions addressed to that particular
electoral commission.
3. An application shall be signed by the applicant and
contain his/her first name, last name, residence address, and the date (day,
month and year). The applicant shall clearly state his/her demand, provide justifications
and attach any possible evidence. Applications with no information or false
information about the applicant shall be not reviewed.
If the application contains some minor inaccuracies that
can be corrected, the electoral commission points them out to the applicant
and gives him/her an opportunity to correct those inaccuracies, or it corrects
the mistakes by itself and notifies the applicant about it either beforehand
or afterwards. If the list of documents attached to the application is not complete,
the electoral commission suggests that the applicant completes the list within
a specified timeframe.
The application is given to the electoral commission
which is authorized to deal with the matter in question. The application received
is registered by the electoral commission. The commission chair or, in his absence,
deputy chair, forwards the application to a commission member. The commission
member studies the matter presents suggestions on how to resolve the issue.
The applicant has the right to participate in discussion of his application
by the electoral commission and, if necessary, provide evidence supporting the
facts stated in the application.
4. Electoral commissions take appropriate measures on
issues that need to be addressed urgently. When appealing against election results
in accordance with procedures defined in this Code, the appealing party has
the right to examine lists signed by voters, in additional to other documents.
The appealing party has no right to make the signed lists public, publish them
and make excerpts or copy.
5. The reply to an application shall be sent to the applicant
with the signature of the commission chair or deputy chair. The commission member
who has prepared the reply signs the copy of the reply retained by the commission.
6. Commission members, proxies, observers and representatives
of mass media are regularly notified about the transparent and fair discussion
of applications received by electoral commissions and its progress.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 412.
Procedure for Recounting the Voting
Results in Territorial Electoral Commissions
1. A candidate, a member of a Precinct Electoral Commission
who have expressed a special opinion, as well as proxies registered in that
precinct have the right to appeal the voting results in that particular precinct,
in accordance with procedures and within the timeframe set by this Code, by
submitting a request to recount the voting results to the appropriate Territorial
Electoral Commission in that particular precinct.
2. The applicant personally submits the recount request
to the Territorial Electoral Commission, showing a personal identification document
and, in the case of a proxy, the proxy certificate as well.
3. The recount request contains first and last names
of the applicant, residence address and number of the precinct where recount
is requested, as well as voting results (if several voting events have taken
place concurrently) that are requested to be recounted.
4. If several voting events have taken place concurrently,
a member of the Precinct Electoral Commission can submit a request to recount
only the results of voting event, for which he/she had expressed a special opinion.
5. If more than one voting events have taken place concurrently,
a separate recount request are submitted for each of the voting events.
6. Territorial Electoral Commission registers the recount
requests in the order of submitting, mentioning the time of their receipt.
7. Territorial Electoral Commissions receive and register
recount requests in accordance with the established procedures before 14:00
on the day after the voting. Territorial Electoral Commissions starts the recount
at 9:00 a.m. two days after the voting day. When recounting the votes, Territorial
Electoral Commissions works without holidays, from 9:00 to 18:00, unless the
Commission passes a decision to extend the working hours.
8. Territorial Electoral Commissions recount the voting
results in the order in which recount requests have been registered, in accordance
with this Code’s requirements for summarizing the voting results in precincts.
9. The time for recount of voting results in each precinct
cannot exceed 5 working hours.
10. Based on the recount results, Territorial Electoral
Commissions compile a protocol on the recount of voting results in the Precinct
Electoral Commission. Commission members, observers and proxies may request
copies of the summary protocols.
11. Persons, who, under this Code, have the right to
attend electoral commission sessions, have the right to attend the recount of
voting results in Territorial Electoral Commissions. The absence of the person
who had submitted the recount request does not prevent the recount or interrupt
it.
12. The recount activities in Territorial Electoral Commissions
stop at 14:00 five days after the voting day.
13. If a recount of votes in a precinct has been requested
in violation of this Article’s provisions, the Territorial Electoral Commission
turns down that recount request and does not recount the results.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 10
POWERS OF THE ELECTORAL COMMISSION
Article 42. Powers of the Central Electoral Commission
1. The Central
Electoral Commission is a state body, which functions on a permanent basis,
authorized in legal organization and oversight of elections, in compliance with
the procedure adopted by it.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
The Central
Electoral Commission:
1) controls
funds allocated from the state budget for preparation and conduct of elections,
oversees the provision of electoral commissions with premises, furniture and
other logistics;
2) adopts decision
on its and inferior electoral commissions’ activity;
3) oversees
equal application of the Electoral Code;
4) Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
5) monitors
ensuring equal opportunities for campaigning in state-owned and public mass
media;
6) ratifies
the sample of ballots and other election documents, procedure of filling in
and archiving, provides the electoral commissions with necessary election documentation;
7) publishes
instructions and other normative acts on application of the Code, which are
obligatory for all electoral commissions preparing and conducting the elections
and monitor their implementation;
8) Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
9) provides
equal conditions for pre-election activities of Presidential candidates, parties
running to the National Assembly on proportional electoral system, and candidates
registered for elections in majoritarian constituencies;
10) within
its authority takes decisions, that are mandatory for all state and local self-government
bodies, NGOs, parties, institutions, organizations, as well as for officials;
11) considers
the applications and complaints on decisions and actions of electoral commissions,
reviews or eliminates the decisions of commissions, which contradict the Code
and the decisions taken by superior Electoral Commissions;
12) hears the
reports of electoral commissions and relevant state bodies on preparation and
conduct of elections;
13) Accredits
the representatives of mass media, registers the representatives of foreign
countries as observers, NGOs, international organizations, and on the basis
of the submitted lists, issues them certificates;
14) approves
the forms of ballot boxes;
15) approves
the forms of seals of electoral commissions, orders them and allocates to the
electoral commissions, establishes the procedure for the return of the seals
after the elections;
16) registers
and issues certificates to the persons nominated as candidates for the President
of the Republic; in the cases envisaged by the law rejects, recognizes their
registration as out of force or invalid; provides the registered candidates
for Presidency or their proxies with a sufficient number of certificates;
17) registers
the parties and initiative groups nominating a candidate for the President of
the Republic;
18) organizes
the publication of biographical data of the candidates for the President of
the Republic;
19) in the
event of the availability of bases envisaged by the law recognizes the presidential
election as invalid or not held, makes a decision about his/her election;
20) summarizes
and approves the results of the elections of the President of the Republic,
the National Assembly proportional elections;
21) registers
parties, which have submitted application on running in the National Assembly
proportional elections and publishes the lists of candidates nominated by them;
22) registers
Deputies elected to the National Assembly and issues them a certificate of the
Member of Parliament;
23) appoints
re-elections and new elections of the National Assembly of the
24) applies
to relevant competent state bodies in cases of violation of this Code;
25) resolves
other matters related to the application of this Code;
26) establishes procedures for organizing trainings for
candidates for electoral commission membership and issuing members with qualification
certificates;
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
27)establishes
the procedure for drawing a lot in electoral commissions;
28) numbers
the majority constituencies of the National Assembly;
29) establishes
the order of business in connection with the pre-election fund and the electoral
deposit;
291) may set up institutions in accordance
with procedures defined by the law;
30) realizes
other powers envisaged by this Code.
2. If the constituency
includes communities belonging to more than one region, 65 days before the day
of voting the Central Electoral Commission determines the Territorial Electoral
Commission in charge of organization and conduct of elections in that particular
community.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3) Within thirty
days after each national election, the Chair of the Central Electoral Commission,
or upon his request - one of the members of the Central Electoral Commission
- issues a statement in the National Assembly on organization and conduct of
elections.
4. The Central Electoral Commission address to the Government
of the
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Article 43. Powers of the Territorial Electoral Commissions
1. The Territorial
Electoral Commission is a state body, which functions on a permanent basis in
accordance with the procedure adopted by the Central Electoral Commission.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Territorial
Electoral Commissions:
1) organize
the training of the persons included in Precinct Electoral Commissions;
2) control
the means of the state budget allocated for the preparation and conduct of elections;
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3) approve precincts, noting the latter’s voting places
(precinct centers). This information is forwarded to the Central Electoral Commission
within two days;
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
4) In compliance with the procedure established by the
Central Electoral Commission, numbers precincts, constituencies of precincts
of elections to local self-government bodies, and forward to the Central Electoral
Commission within two days;
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
5) provide
the Precinct Electoral Commissions with necessary logistics and election documentation;
in the established procedure organizes events required for preparation and conduct
of elections, oversees the provision of the Precinct Electoral Commissions with
buildings, furniture, means of transportation, communication and other necessary
means;
6) inform the
Central Electoral Commissions on its own activity and that of the Precinct Electoral
Commissions;
7) consider
applications and complaints received about the decisions and actions of Precinct
Electoral Commissions, reviews or eliminates the decisions of Precinct Electoral
Commissions that contradict this Code;
8) publish
the preliminary results of elections by precincts, based on the data of protocols
of Precinct Electoral Commissions;
9) Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
10) announce
the day of elections to local self-government bodies;
11) follow the compilation of voter lists and their presentation
in precincts for public inspection;
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
12) ensure
the preparation of precinct centers, voting booths, ballot-boxes, as well as
other facilities required for voting;
13) Removed by LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07;
14) register
candidates to National Assembly by majoritarian electoral elections and issue
them a certificate of the sample approved by the Central Electoral Commission;
in the cases envisaged by the law recognize their registration as out of force
or invalid; issue to representatives of candidates nominated for the community
leader or council member, certificates of proxies, in the amount envisaged by
the law;
15) register
and issues certificates to the candidates nominated for the community leader
and council member;
16) clarify,
summarize and approve the results of elections to local self-government bodies;
in the cases prescribed by the law conduct verifications, recognize the elections
as held, invalid or not held;
17) summarize
the results of the elections of the community leader and members of the Council
of Elders;
18) issue certificates
to the elected community leaders and members of the Council of Elders;
19) clarify
and summarize the results of the elections to the National Assembly by majoritarian
electoral systems to local self-government bodies, and submit them to the Central
Electoral Commission;
Revis. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
20) oversee
of implementation of this Code by Precinct Electoral Commissions;
21) apply to
competent state bodies in the event of violation of this code;
22) perform
other powers envisaged by this Code.
Article 44. Powers of the Precinct Electoral Commissions
1. The Precinct
Electoral Commissions:
1) distribute
the means of the state budget allocated to it for the preparation and conduct
of elections;
2) organize the voting, summarize its results in the
precinct, post the results in the precinct center and forward them to the Territorial
Electoral Commission;
Revis. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3)
resolve issues of disputed ballots by voting;
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
4) provide
conditions for free elections at the precinct, ensure the procedure for voting
established by this Code;
5) apply to
competent state bodies in the event of violation of this Code;
6) implement
other powers envisaged by this code.
2. Precinct
Electoral Commissions operate on the basis of regulations adopted by the Central
Electoral Commission.
Article 45. Submission and Receipt of Election Documentation at Electoral
Commissions
1. Election
documentation are submitted and received in the electoral commissions by making
records in registers, with the signatures of the submitting and receiving persons,
and by issuing a receipt.
2. For preparation
and conduct of elections electoral commissions are supplied with ballots, forms,
other documentation, stationery, and other materials – the responsible person
for their receipt, transfer and preservation being the Chairs of relevant electoral
commissions.
3. After the
summarization of election results and compilation of relevant protocols, all
election documents are immediately transferred from precincts accompanied by
the Chair of the Precinct Electoral Commission or his Deputy to the Territorial
Electoral Commission.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
4. All the
election documentation, except for the documentation on elections to local self-government
bodies, after the final summarization of election results are transferred from
Territorial Electoral Commissions to the Central Electoral Commission. The Central
Electoral Commission ensures preservation of the above-mentioned documentation,
and two months after the election official results are announced (or after reaching
the final decision, in case of a court dispute) submits them to the state archives
of the
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. Within two months after announcement of the official
results of elections to local self-government bodies (or after reaching the
final decision, in case of a court dispute) the Territorial Electoral Commission
submits the mentioned documents to the state archives of Nagorno Karabakh Republic
for preservation in the established procedure.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 46. Cooperation between Electoral Commissions and Law Enforcement
Bodies
1. The Central
and regional bodies of Police and National Security Service, their services
and subdivisions ensure the normal course of elections, unhindered activity
of electoral commissions and their members, assist the commissions, upon the
latter’s request, for the establishment of due order during the events related
to elections, as well as ensure the safe transportation of the election-related
documentation from Precinct Electoral Commission to Territorial Electoral Commission.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Vehicles, used for transportation of the mentioned documentation
can be escorted by proxies, international and local observers, and representatives
of the mass media in their own vehicles.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. Upon discovering any violations of the Electoral Code,
member (members) of the electoral commission are required to report them to
the competent bodies within five days.
Violations of this Article’s provisions are prosecuted
by law.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07