PART TWO
SECTION FOUR
ELECTIONS OF THE PRESIDENT OF THE REPUBLIC
CHAPTER 14
GENERAL PROVISIONS
Article 65. Electoral System
1. During the
elections of the President of the Republic the entire territory of the
2. The President
of the Republic is elected by an absolute majority system, and in the second
round – by a relative majority system.
Article 66. Requirements for Candidate of the President of the Republic
1. In accordance with Article 62 of the Constitution
of the Nagorno Karabakh Republic, anyone with electoral rights, who has attained
the age of thirty-five, has been a citizen of the Nagorno Karabakh Republic
for the last ten years and is a permanent resident of the Nagorno Karabakh Republic
for the last ten years, may be elected President of the Nagorno Karabakh Republic.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The same
person cannot be elected to the post of the President of the Republic for more
than two successive terms.
CHAPTER 15
NOMINATION AND REGISTRATION OF THE CANDIDATE
FOR THE PRESIDENT OF THE REPUBLIC
Article 67. The Right to Nominate a Candidate for the President of the
Republic
1. Parties, party alliances and citizens have the right
to nominate presidential candidates in accordance with procedures established
by Articles 68-70 of this Code.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 68. Nomination of the Candidate for the President of the Republic
by Parties
1. A party nominates a presidential candidate by decision
of its permanently functioning body. An alliance of parties nominates a presidential
candidate by the decision ratified by permanently functioning bodies of parties
- members of the alliance. Each party or party alliance has the right to nominate
one presidential candidate.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. In case
of support of the same person's candidature by different parties, party alliances
can be set up.
3. Party alliances
can be set up in case if the union of at least two parties supporting one candidature.
4. In the period
of the elections, parties, within a party alliance, cannot join other party
alliances.
5. A decision
on joining a party alliance is made by a permanently functioning body of the
party.
6. The party
alliance is registered in the Central Electoral Commission within three days
after submitting the decision of the permanently functioning body of the parties.
Each party has the right to nominate one candidate for the President of the
Republic.
7. The decision
of the permanently functioning body of the party on the nomination of a candidate
for the President of the Republic, the decision ratified by permanently functioning
bodies of parties-members of the alliance shall include the following data of
the candidate nominated:
1) Last name,
first name, patronymic;
2) The year,
month and date of birth;
3) Place of
residence;
4) Place of
work and position (occupation);
5) Party affiliation;
6) Passport
number;
7) Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
8. Together
with the submission of the party's decision on the nomination of a candidate
for the President of the Republic to the Central Electoral Commission, the Charter
of the party, which has nominated a candidate for the President of the Republic
is also submitted (in case of party alliance – the Charters of all the parties
in the alliance).
9. The permanently
functioning supreme body (permanently functioning bodies of parties - members
of the alliance, on behalf of the alliance of a party) submits to the Central
Electoral Commission data of one plenipotentiary representatives for registration
(last name, first name, patronymic, date of birth, passport number, place of
work and position (occupation).
10. The party submits documents on nomination of a presidential
candidate, specified in Paragraph 7 of this Article, and information on authorized
representatives to the Central Electoral Commission within the timeframe set
in Item 1 of Article 88 of this Code.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 69. Nomination of the Candidate for the President of the Republic
by Citizens
1. At least
50 citizens of the
2. The initiative
group applies in writing to the Central Electoral Commission, with a request
for registration, and to this end, besides the application, submits the decision
of the meeting on the nomination of a candidate for the President of the Republic,
as well as data for two plenipotentiary representatives of the initiative group,
as mentioned in Article 68 of this Code and the letters of attorney, as established
by the law.
3. The decision
of the meeting of the initiative group shall contain the data about the nomination
for the candidate for the President of the Republic, mentioned in Item 7 of
Article 68 of this code, as well as the last names, first names, patronymic,
dates of birth, identification document numbers, places of residence and signatures
of members of the initiative group.
The registering
Electoral Commission verifies within two days the legality of lists of the initiative
group, in conformity with procedures established by the Central Electoral Commission.
4. Each initiative
group has the right to nominate one candidate for the President of the Republic.
Article 70. The Electoral Deposit of the Nominated Candidate for the President
of the Republic
1. Citizens nominated as presidential candidates pay
an electoral deposit to the Central Electoral Commission’s account in any Bank
functioning in the Nagorno Karabakh Republic, in the amount of a thousandfold
minimal wage, established by the legislation of the Nagorno Karabakh Republic
(hereinafter - minimal wage). If, as a result of election, the number of ballots
cast for the candidate is at least 5% of the total number of valid ballots,
the electoral deposit is returned within 60 days after the election results
are summarized.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. If the number of ballots cast for a presidential candidate
is less than 5% of the total number of valid ballots, the candidate’s electoral
deposit is transferred to the state budget.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. The electoral deposit is returned if the elections
are announced invalid or failed.
Article 71. Registration as Presidential Candidates of Citizens Nominated as Presidential
Candidates
1. Every citizen nominated as a presidential candidate
may be registered as a presidential candidate upon nomination by one party (party
alliance) or one initiative group.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The Central
Electoral Commission considers the registration of a citizen nominated as presidential
candidates as a presidential candidate if the following documents have been
submitted within the terms established by Item 1 of Article 88 of this Code:
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
1) The receipt
to the citizen nominated to run in Presidential elections, on the payment of
the electoral deposit;
2) Reference
on the citizenship of the
3) Reference
on the permanent residence in the
4) Written
consent of the nominee to be registered as a candidate for the President of
the Republic;
5) Declaration of the citizen nominated to run in Presidential
elections on his/her private property (assets) and income, in accordance with
the procedure set by the NKR Law “On Declaration of Property and Income by Senior
Officials of the
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. References
mentioned in the sub-points 2 and 3, of Item 2 of this Article are allocated
to the citizen nominated for the candidate by the authorized state body, within
three days after the application has been presented, in the procedure established
by the Central Electoral Commission.
4. After the Central Electoral Commission receives the
documents required for registration of a citizen nominated as a presidential
candidate, and prior to registration of that candidate, the nominee or his/her
authorized representative have the right to participate with an advisory vote
in sessions of the Central Electoral Commission.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. The Central
Electoral Commission publishes information on the registration of the candidate
for the President of the Republic within three days.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 72. Denial of Registration of a Citizen as Candidate for President
1. The Central Electoral Commission refuse the registration
as a presidential candidate of a citizen nominated as a presidential candidate,
in case if:
1) restrictions defined in the Constitution of the
2) documents submitted for registration and/or nomination
are forged.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. If inaccuracies are discovered in the documents submitted
for registration of a citizen nominated as a presidential candidate or the documents
are incomplete, the Central Electoral Commission gives 48 hours to correct the
inaccuracies or submit the lacking documents. The registration is refused if
the inaccuracies are not corrected or the lacking documents are not submitted
within that period of time.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. In the case of an objection concerning registration
of a citizen nominated as a presidential candidate, the Central Electoral Commission
put the issue of registration on vote. The registration is refused, if at least
2/3 of the total number of commission members vote against it. If there are
no objections, the candidate is considered registered.
If the registration of a citizen nominated as a presidential
candidate is refused, his/her electoral deposit is transferred to the state
budget, unless the candidate requests the electoral deposit back within the
48 hours given to him/her to correct the inaccuracies in the documents submitted
for registration or to submit the lacking documents.
For three months from the moment the registration of
a citizen nominated as a presidential candidate is refused, the money in that
citizen’s pre-election fund may be spent for charity purposes, after which the
remaining amount of money is transferred to the state budget.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 73. Invalidation of Registration of the Candidate Nominated for
the Republic’s President
1. The Central Electoral Commission invalidates the registration
of a presidential candidate with a decision approved by 2/3 of the commission
members, if certain facts are revealed after the registration, which envisage
restrictions towards the candidate under Item 1 of Article 72.
2. If a presidential candidate’s registration is invalidated,
his/her electoral deposit is transferred to the state budget.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 74. Procedure for Appealing Decisions on Denial of Registration
or Invalidation of the Registration of Candidate for the Republic’s President
1. The Central Electoral Commission’s decision to refuse
the registration of a citizen nominated as a presidential candidate or to invalidate
the registration of a presidential candidate may be appealed in court within
three days after adopting the decision.
2. The person is considered registered or reregistered
as a presidential candidate, if the court decides that the decision to refuse
the registration of the citizen nominated as a presidential candidate or invalidate
the registration of a presidential candidate is illegal.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 75. Recognizing the Registration of the Candidate for the President
of the Republic as Out of Force
1. The registration
of a candidate for the President of the Republic is recognized out of force,
in case if he/she:
1) lost his/her electoral rights;
2) has applied
for self-withdrawal;
3) has passed
away;
4) has violated
requirement of Item 8 of Article 19 of this Code;
5) has violated
requirement of Item 7 of Article 26 of this Code.
2. In case
if registration of a presidential candidate becomes invalid, his/her election
deposit (except for the cases of the candidate's death) and means left in the
campaign fund are transferred to the state budget. In case of registration becoming
invalid because of the candidate's death, the election deposit is transferred
to his/her heirs.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 16
STATUS OF CANDIDATE NOMINATED
FOR THE REPUBLIC’S PRESIDENT
Article 76. Equality of the Candidates for the President of the Republic
Candidates
for the Republic’s President have equal rights and responsibilities.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 77. Rights and Responsibilities of Candidates for the President
of the Republic
1. From the moment of registration, presidential candidates
on state service or working in local self-government bodies are relieved of
their duties and have no right to use advantages of their position. If nominated
as presidential candidates, the President of the Republic or, in accordance
with the NKR Constitution, acting President of the
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The registered presidential candidate is exempt from
military musters and training exercises.
Amend. 2-nd sentence removed by LR-24, 25.04.07, NKR
SB ¹ 13(54), 22.05.07
3. Discharging a presidential candidate, changing his/her
job or sending on a business trip at the administration’s initiative is prohibited.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. A presidential candidate has the right to withdraw
his candidature by submitting a written request within ten days before the voting
day. In this case, the Central Electoral Commission annuls the candidate’s registration.
The candidate is required to reimburse the state’s financial expenses connected
to his/her nomination and pre-election campaign.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. Presidential candidates cannot be detained or subjected
to criminal or judicial prosecution without consent of the Central Electoral
Commission. Votes of the 2/3 of the Central Electoral Commission members are
required to pass decisions on such matters.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 17
PRE-ELECTION CAMPAIGN OF THE CANDIDATE
FOR THE REPUBLIC'S PRESIDENT
Article 78. The Pre-Election Fund of Candidate for the Republic's President
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
1. In order to run his/her pre-election campaign, a presidential
candidate or a citizen nominated as a presidential candidate has the right to
establish a pre-election fund at any Bank registered in the
A citizen nominated as a candidate for republic's president
can use the resources in his/her pre-election fund to pay the electoral deposit.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The amount
of the personal contributions of the candidate to the pre-election fund shall
not exceed the thousand-fold minimal salary.
3. The amount
of the contributions by the party to the pre-election fund, which has nominated
the candidate, shall not exceed five thousand-fold minimal salary.
4. Amount of
expenditures by the candidates from their pre-election funds shall not exceed
six thousand-fold minimal salary.
5. Each physical
person can pay voluntary contributions in the amount of up to 100 times the
minimum salary, and each legal person – up to 300 times the minimum salary.
6. The electoral deposit is returned to the candidate,
if he/she is elected as President of the Republic or if the number of ballots
cast for him/her is at least 5% of valid ballots. Within one month after the
official announcement of election results, the money remaining in the pre-election
fund may be used for charity purposes, at the candidate’s discretion. After
one month, the money remaining in the candidate’s pre-election fund is transferred
to the state budget.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
7. If the number of ballots cast for the candidate is
less than 5% of the number of valid ballots, the money remaining in the presidential
candidate’s pre-election fund after the elections and the electoral deposit
are transferred to the state budget.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
8. In case
of recognizing the elections failed, the sum left in the pre-election fund after
the elections is frozen until registration of candidates for new elections.
The candidate registered for a repeated voting can use the means left in the
fund from the previous election.
9. Presidential candidates have the right to use only
the means of their pre-election fund to finance their pre-election campaign.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
10. If a candidate
has used for pre-election campaign means out of the pre-election fund, the Central
Electoral Commission has the right to apply to the Court with request to annul
the candidate's registration. The court takes a decision within five days, or
immediately - in case of five days prior to the elections. In case of recognizing
the candidate's registration out of force by the resolution of the court, the
candidate's name is removed from the ballots, in the procedure established by
the Central Electoral Commission.
Article 79. Record of the Financial Means
1. Acceptance
and usage of budgetary means, contributions made to the pre-election funds and
expenditures, as established by the procedure of the Central Electoral Commission,
is recorded, in conformity with the legislation of the
2. The Precinct
Electoral Commission reports on financials expenditures to the Territorial Electoral
Commission within ten days after the elections are conducted. The Territorial
Electoral Commission reports on financial expenditures to the Central Electoral
Commission, within twenty days after the elections are conducted. The Central
Electoral Commission reports to the Audit Chamber of the National Assembly of
the
Article 80. Pre-Election Campaign of the Candidate for the Republic's President
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
1. The free
of charge and paid pre-election campaign of the candidates for the President
of the Republic on public TV and radio is carried out in the procedure established
by the Central Electoral Commission.
2. Removed by LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. A candidate
nominated for the President of the Republic has the right to use no more than
30 minutes of free air time on public TV and radio.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. A candidate
nominated for the President of the Republic, or, upon his consent, the party
or initiative group, that has nominated him/her have the right to use no more
than 80 minutes of paid air time on public TV and public radio, using means
from the candidate's pre-election fund.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
41. During the second round of presidential
elections, a presidential candidate has the right to use no more than 15 minutes
of free air time on Public Television and radio; and no more than 30 minutes
of paid air time on Public Television and Radio, using means from the candidate's
pre-election fund.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. With the
presidential candidate’s consent, the party (party alliance) or initiative group
that has nominated him also can use the air time.
Amend. Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
6. The Government
of the
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 18
BALLOTS, SUMMARIZATION OF THE ELECTION RESULTS
Article 81. Ballots
1. Ballots for presidential elections include the candidate’s
(candidates’) last name (in alphabetical order), first name and patronymic,
name of the party (party alliance) that nominated him/her or the words “civic
initiative”, if the candidate is nominated by civic initiative
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The ballots
for the elections of the President of the Republic are printed and prepared
by order of the Central Electoral Commission. The Central Electoral Commissions
distributes ballots through Territorial Electoral Commissions to Precinct Electoral
Commissions on the day prior to voting day.
3. Ballots
are allocated in the amount of 3% more than the number of the voters registered
in the precinct voter list.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 82. Summarization of the Election Results
1. The Central
Electoral Commission, in the procedure established by Article 61 of this Code
summarizes the election results and, within the time frame established in Item
3 of Article 64, takes one of the following decisions:
Removed by LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
1) On electing
of the President of the Republic;
2) On conducting
the second round of voting;
3) On recognizing
the election as invalid and not electing the President;
4) On recognizing
the election as failed and not electing the President.
If none of the mentioned decisions is taken in accordance
with procedures defined by this Code, the decision which took the largest number
of the commission members’ votes is considered taken. In case if the number
of votes is equal, the Commission Chair’s vote is decisive.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The disputes
over the results of elections of the Republic’s President can be appealed in
the Supreme Court of the
Article 83. The Decision of the Central Electoral Commission on Electing
the President of the Republic
1. The Central
Electoral Commission adopts a decision on electing the President of the Republic
the candidate, who has received more than half of the votes cast for candidates.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. In case
of one candidate, he/she is considered elected, if he/she has received more
than half of the votes cast.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 84. Decision of the Central Electoral Commission on Conducting
the Second Round for Elections of the Republic’s President
1. In case
of more than two candidates are participating, and none of them has received
the required number of votes, the second round of elections is conducted for
the two candidates with majority of votes on the fourteenth day after voting.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The candidate,
who receives majority of votes in the second round, is considered elected the
Republic’s President.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3) Removed by LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 85. The Decision of the Central Electoral Commission on Invalidation
of Election of the Republic’s President
1. Elections
of the Republic’s President are recognized as invalid at any stage in case if:
1) the number of inaccuracies is equal or higher than
the difference between the number of ballots cast for two candidates with majority
of votes, or, in case if one candidate was running - the difference between
the number of ballots cast ‘for’ and ‘against’ that candidate, which significantly
affects the results of the election, i.e. if it is impossible to reestablish
the real results of the election and determine the elected candidate;
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. violations
of this Code able to influence the elections’ outcome have taken place during
preparation and conduct of the elections;
Article 86. The Decision of the Central Electoral Commission on Recognizing
the Election of the President of the Republic as Failed
1. The elections
of the Republic’s President are recognized as failed in case if:
1) the only
candidate running has not received the required number of votes;
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2) the elected
candidate has died before summarization of the election results;
3) voters’
turnover did not reach 25%.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 19
CONDUCTING ELECTIONS OF THE
REPUBLIC’S PRESIDENT
Article 87. Time frames for conducting the Elections of the Republic’s
President
1. Election
of the Republic’s President is conducted fifty days prior to the expiration
of the term of powers of the President of the Republic.
2. The National Assembly announces the date for presidential
elections not later than 100 days prior to the elections day.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. The day
of elections of the President of the Republic is declared a day-off.
Article 88. Time frames for Nomination and Registration of the Candidate
for the President of the Republic
1. Documentation
required for the nomination of a candidate for the President of the Republic
are submitted to the Central Electoral Commission by a party (party alliance)
or initiative group not earlier than 90 days and not later than 75 days prior
to the elections day, until 6:00 p.m.
2. The registration
of the candidates is done not earlier than 50 and not later than 30 days prior
to the elections day.
Article 89. New Elections of the Republic’s President
1. If a President is not elected in accordance with Articles
85 and 86 of this Code, new presidential elections are scheduled, with voting
taking place on the 40th day after the new elections are scheduled.
2. If insuperable hindrances appear for one of the presidential
candidates, presidential elections are postponed for two weeks. In case if insuperable
hindrances are not overcome, new elections are held, with the voting taking
place on the 40th day after the aforementioned two-week period.
3. If one of the candidates dies before the voting day,
new elections are scheduled, with the voting taking place on the 40th day after
scheduling the new elections.
4. New presidential elections are carried out with new
nomination of candidates.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 90. Extraordinary Presidential Elections
1. In case of the Republic President’s resignation, death,
impossibility of performing his/her duties or impeachment in accordance with
procedures described in Article 71 of the Constitution, extraordinary presidential
elections are scheduled and conducted of the 40th day after vacancy of the Republic’s
President is opened.
2. There are no presidential elections during the period
of martial law or state of emergency, and the President continues performing
his/her duties. In this case, presidential elections are held on the 40th day
after the end of the martial law or state of emergency, in accordance with procedures
defined in this Code for extraordinary elections.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 91. Procedure for Conducting New and Extraordinary Elections of
the Republic’s President
1The new and
extraordinary elections of the President of the Republic are held in the procedure
established by this Code for the regular elections.
2. The Chair
of the Central Electoral Commission makes a statement on the day of the new
and extraordinary elections of the President of the Republic, on public radio
and public TV not later than 39 days prior to the Elections Day.
Article 92.
Nomination and Registration of Presidential
Candidates, Creation of Electoral Precincts and
1. Parties (party alliances) or initiative groups submit
all documents required for nominating their presidential candidate to the Central
Electoral Commission not earlier than 36 days and no later than 30 days before
the elections day, by 18:00.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. Candidates shall be registered not earlier than 20
days and no later than 12 days before the voting day.
3. Electoral precincts and precinct centers are formed
at least 25 days before the voting day. Head of the authorized agency or its
appropriate division submits the voters’ lists to the heads of institutions
in charge of the premises where appropriate precinct centers are located at
least 20 days before the voting day, to be posted in a visible place in precinct
centers.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07