SECTION FIVE
ELECTIONS TO THE NATIONAL ASSEMBLY
GENERAL PROVISIONS
Article 93. Composition of the National Assembly
1. The number
of deputies to the National Assembly of the
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 94. The Electoral System
1. Elections
to the National Assembly are held by proportional and majoritarian systems.
2. 11 deputies
are elected by proportional system from among the number of candidates nominated
for deputy by lists from one multi-mandate constituency, covering the entire
territory of the Republic.
3. 22 deputies
are elected by majoritarian system – one deputy from one constituency.
Article 95. Electoral Right
1. Every citizen
has the right of one vote at multi-mandate constituency, and one vote at the
single-mandate constituency.
2. A citizen
can be nominated exclusively by one list and exclusively at one majority constituency.
Article 96. Requirements for a Candidate for Deputy
1. According to Article 78 of the Constitution of the
Nagorno Karabakh Republic, anyone with electoral rights, who have attained the
age of 23, has been a citizen of the Nagorno Karabakh Republic for the last
five years and a permanent resident of the Nagorno Karabakh Republic for the
last five years, may be elected deputy to the Republic's National Assembly.
2. Members of the Supreme Court, judges, employees of
the NKR Police and National Security Service, employees of tax and customs institutions,
Prosecutor's office and military servicemen cannot be registered as candidates
to the National Assembly. The aforementioned persons may register as candidates
to the National Assembly in case if they temporarily resign from their posts.
3. Employees of state and local self-government bodies,
as well as officials not subject to the restrictions stipulated by this Article,
may register as candidates to the National Assembly if they temporarily resign
from their posts, except for persons on
civil positions.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 21
NOMINATION AND REGISTRATION OF
CANDIDATES FOR DEPUTIES
Article 97. The Right to Nominate a Candidate for Deputy
1. Parties
and party alliances have the right to nominate candidates for deputies to the
National Assembly by proportional system.
2. Party alliances
can be set up in the event if at least two parties form a pre-electoral union.
3. In the period
of elections, parties, within a party alliance, cannot join other party alliances.
4. The decision
on joining a party alliance is made by the permanently functioning body of the
party.
5. The party
alliance is registered in the Central Electoral Commission not later than within
three days after the submission of the decision of the permanently functioning
body of the parties.
6. Lists of
the party alliances are compiled from the separate lists presented by the each
of the parties within the alliance. The order of the candidates in the party
lists of the alliance is decided during the joint consultations of the parties
within the alliance.
7. In case
of withdrawal of a party from the party alliance the names of candidates submitted
by those parties is withdrawn from the party alliance list.
8. Parties
(party alliances) registered in the
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 98. Nomination of Candidates for Deputies of the National Assembly
by Proportional System
1. Parties
present application to the Central Electoral Commission on running in elections
of the National Assembly by proportional system, upon the decision of their
permanently functioning body. Party alliances submit applications to participate
in the National Assembly elections under proportional system to the Central
Electoral Commission upon a decision ratified by the permanently functioning
bodies of member parties.
2. Every party has the right to submit only one electoral
list of candidates to the National Assembly. Parties - members of an alliance
have no right to submit on their behalf a separate electoral list of candidates
to the National Assembly. Persons not belonging to any party also can be included
in electoral list for elections under proportional system. Females must make
at least 20% of persons included in a party’s (party alliance’s) electoral list
for National Assembly elections under proportional system; moreover, at least
each tenth person in a list shall be female.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. The following shall be attached to a party’s (party
alliance’s) application to participate in elections to the National Assembly:
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
1) the party’s Charter (in case of a party alliance -
Charters of all the parties - members of the alliance), and a document about
the alliance’s name;
2) the decision of the party’s permanently functioning
body (in case of a party alliance, a joint decision of permanently functioning
bodies of all the parties - members of the alliance) on the electoral list of
candidates to the National Assembly under proportional system, which includes
(in a numbered format) the candidates’ party affiliation, their last names,
first names, patronymics, year, month and day of birth, passport number, registered
address, place of work and position (occupation);
Add. 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
4) Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
5) Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
6) written consent by all candidates included in the
party’s (party alliance’s) electoral list to be registered as candidates to
the National Assembly;
7) Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
8) individual electoral lists submitted by parties -
members of an alliance.
4. Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
5. By its decision, the permanently functioning body
of a party (the permanently functioning bodies of parties - members of an alliance,
in case of an alliance) submits information on up to two authorized representatives
to be accredited for the whole period of the elections by the Central Electoral
Commission; the information includes their last name, first name, patronymic,
date of birth, place of work and position (occupation).
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
6. The electoral deposit of a party (party alliance)
that has received mandates in the National Assembly under proportional system
is returned to that party (party alliance), or to its pre-election fund (if
the electoral deposit was paid from the pre-election fund). The electoral deposit
of parties that failed to receive any mandates is transferred to the state budget.
Revis. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
7. The electoral deposits are returned, if elections
are declared invalid.
Article 99. Registration of Electoral Lists of Parties Participating in
Elections to the National Assembly by Proportional System
1. The party’s (party alliance’s) electoral list is registered,
if the party, within the timeframe and in accordance with procedures established
by this Code, submits the following:
1) receipt proving that electoral deposit in the amount
of 250 times the minimum wage has been paid;
2) document certifying that candidates included in the
party (party alliance) list have been citizens of the
3) document certifying that candidates included in the
party (party alliance) list have been permanently residing in the
4) declarations of property and income of citizens nominated
as candidates, in accordance with procedures defined by the NKR Law on “Declaration
of Property and Income by Senior Officials of the
The documents mentioned in sub-paragraphs 2 and 3 of
this Item are issued to citizens nominated as candidates to the National Assembly
by the authorized state body, within three days of applying for them, in accordance
with procedures defined by the Central Electoral Commission.
2. In case of objection concerning registration of a
party (party alliance) list, the issue of registration is put on vote. If there
are no objections, the list is considered registered. Registration of a party
(party alliance) list is refused, if at least 2/3 of the total number of commission
members vote against it.
3. An authorized representative of the party (party alliance)
has the right to attend discussion by commission of the issue of registering
the party (party alliance) list.
Revis. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Article 100. Denial or Invalidation of Registration of a Party (party alliance)
List or a Candidate Included in the List
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
1. The Central
Electoral Commission denies the registration of a party (party alliance) list
in case if:
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
1) documents
submitted for registration and/or nominations are forged;
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
2) inaccuracies
have been found out in the documents, submitted for registration of the party
list or the documents are incomplete. In the mentioned case, the precinct electoral
commission gives 48 hours to remove inaccuracies or to complete the documents:
The registration is denied in case if the inaccuracies have not been removed,
or the documents have not been completed. The candidate is registered if the
inaccuracies have been removed or the documents have been completed.
2. The Central
Electoral Commission denies the registration of a citizen included in a party
list, if:
1) restrictions
set forth by the Code extend onto him/her;
2) documents
submitted for his/her registration and/or nominations are forged.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3) In the documents
of the citizen included into the party list inaccuracies have been found out
or the documents are incomplete. In the mentioned case, the Central Electoral
Commission gives 48 hours to remove the inaccuracies or to complete the documents.
The registration is denied if the inaccuracies have not been removed or the
documents have not been completed in that period of time. The citizen is registered
in case if the inaccuracies have been removed or the documents have been completed.
The registration
of the individual in the party list is denied by decision of at least 2/3 of
the total number of votes of the electoral commission.
3. If registration of a party (party alliance) list is
denied, the electoral deposit is transferred to the state budget, unless the
party (party alliance) requests the electoral deposit back within the 48 hours
given to correct the inaccuracies in the documents submitted for registration
or supply the missing documents.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
4. The Central
Electoral Commission invalidates registration of a candidate in the party list,
if the following facts are disclosed after the registration:
1) restrictions
set forth by the Code extend onto the candidate;
2) documents
submitted for the registration of the candidate and/or nominations are forged.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
5. Registration of a candidate included in a party list
is considered invalid, if the following facts are revealed after the registration:
1) restrictions set forth by the Code extend onto him/her;
2) documents submitted for his/her registration and/or
nominations are forged. In such cases, the candidate shall be removed from the
list.
6. If registration of a party list is invalidated, the
electoral deposit and the money remaining in pre-election fund are transferred
to the state budget.
7. Registration of a party list or a candidate included
in the list is invalidated by a decision passed by at least 2/3 of the total
number of the Central Electoral Commission members.
8. The Central Electoral Commission’s decision to deny
or invalidate registration of a party list or a candidate included in the list
may be appealed in a court within three days of passing it.
9. The party list or the candidate included in it is
considered registered or reregistered, if the court regards that the electoral
commission’s decision to refuse or invalidate the registration of the party
(party alliance) list or the candidate in it illegal.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Article 101. Recognition of the Registration of the Party (party alliance)
List and the Candidate included in it as Out of Force
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
1. The registration
of a party (party alliance) list is recognized as out of force in case if:
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
1) an application
on self-withdrawal has been submitted;
2) the requirement
under Item 8 of Article 19 of this Code has been violated;
3) the requirement
under Item 7 of Article 26 of this Code has been violated;
4) the party
(party alliance) has been dissolved.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
2. A party
can submit an application on self-withdrawal to the Central Electoral Commission
not later than ten days prior to voting.
3. Based on
the application on self-withdrawal the registration of the party list is recognized
out of force and its electoral deposit, as well as the means left in the pre-election
fund are transferred to the state budget.
4. In case
of recognizing the registration of a party list as out of force under Item 8
of Article 19 and Item 7 of Article 26, party's electoral deposit and the means
left in the pre-election fund are transferred to the state budget.
5. The registration
of the candidate on a party list is recognized as out of force, if he/she:
1) has submitted
an application on self-withdrawal:
2) has died;
3) the requirement
under Item 8 of Article 19 of this Code has been violated;
4) the requirement
under Item 7 of Article 26 of this Code has been violated;
5) does not
have the right to vote any more.
Article 102. Nomination of Candidates for the National Assembly Deputies
by Parties and party alliances by Majoritarian System
1. The Parties
and party alliances, registered in the
2. Parties
and party alliances have the right to nominate one candidate at each constituency.
3. The nomination
of candidates by majority system is carried out by the decision of permanently
functioning body of the party. The party alliances nominate candidates for the
National Assembly majority elections by the decision made by a permanent body
of the parties, members of the alliance.
4. A party
can nominate as a candidate also a person, who is not a party member.
Article 103. Nomination of Candidates for the National Assembly Deputy
by Citizens by Majoritarian System
1. At least
ten citizens of the
2. The initiative
group applies in writing to the Territorial Electoral Commission with a request
for registration, for which, along with the application, submits the decision
of the meeting of the initiative group for the nomination of the candidate for
the deputy of the National Assembly and appointment of two authorized representatives,
as well as data, in accordance with Article 68 of this Code, on the two authorized
representatives of the initiative group.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3. The decision
of the meeting of the initiative group shall contain the last names, first names,
patronymics, dates of birth, identification documents numbers, place of residence,
address and signatures of the 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.
Article 104. Requirements for Nomination of a Candidate for the Deputy
of the National Assembly by Majoritarian System
1. Decision of the permanently functioning body (bodies)
of a party or party alliance or decision by the initiative group on nominating
a candidate to the National Assembly under majoritarian system contains the
number of the electoral district and the following information about the nominee:
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
1) last name,
first name, patronymic;
2) year, month
and date of birth;
3) place of
registered residence;
4) place of
work and position (occupation);
5) party affiliation;
6) declaration
on his/her private property and his/her and family members' income for the previous
year;
7) passport
number.
2. Together with the decision of the permanently functioning
body (bodies) of a party or party alliance, or decision by initiative group
on nominating a candidate for the National Assembly under majoritarian system,
the nominated candidate’s written consent to being registered as a candidate
in that particular electoral district is submitted to the Territorial Electoral
Commission.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Article 105. Registration of Candidates to the National Assembly Nominated
by the Majoritarian System
1. Candidates
to the National Assembly nominated by majoritarian electoral system are registered
by the decision of the Territorial Electoral Commission.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
2. At least 45 days before the elections, parties and
initiative groups submit the following documentation to the Territorial Electoral
Commission for registration of their candidate to the National Assembly nominated
under majoritarian system:
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
1) receipt
on payment of the electoral deposit in the amount of 50 times the minimal salary;
2) reference
on citizenship of the
3) reference
on permanent residence in the
4) declaration
of the candidate on his/her private property and income, in accordance with
the procedure set by the NKR Law “On Declaration of Property and Income by Senior
Officials of the
The candidate
submits the abovementioned documentation to the Territorial Electoral Commission
personally or via authorized representative.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3. In the event
of being elected to the National Assembly, as well as receiving more than five
per cent of the votes cast, the electoral deposit is paid back.
4. The candidate
or his/her authorized representative or the plenipotentiary representative of
the party, which has nominated the candidate, has the right to attend session
of the commission during on considering the registration of the nomination of
the candidate.
The Territorial
Electoral Commission denies the registration of the nominated candidate, if:
1) restrictions
set forth by this Code extend onto the citizens nominated for the candidate;
2) the documentation
submitted for registration and/or nomination are forged;
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3) inaccuracies
have been found out in the documents, submitted for registration of the party
list or the documents are incomplete. In this case, the Precinct Electoral Commission
gives 48 hours to remove inaccuracies or to complete the documents. The registration
is denied in case if the inaccuracies have not been removed, or the documents
have not been completed. The candidate is registered if the inaccuracies have
been removed or the documents have been completed.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
5. In case
of objection concerning registration of the citizen nominated as a candidate
for deputies, the issue is put to vote. The registration is denied with at least
2/3 vote of the total number of the members of the Territorial Electoral Commission.
With absence of objection the candidate is considered registered.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
6. In case of denial in registration of the nominated
citizen, his/her electoral deposit is paid back, unless the candidate has requested
the electoral deposit back within the 48 hours given to him/her to correct the
inaccuracies in the documents submitted for registration or supply the missing
documents.
Revis. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
7. The Territorial
Electoral Commission recognizes the registration of the citizen nominated for
the candidate as invalid, if after the registration the following facts have
been revealed:
1) the restrictions
under this Code extend onto the candidate;
2) the documentation
submitted for registration and/or nomination are forged;
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
The Central
Electoral Commission invalidates registration of a candidate in a decision adopted
by at least 2/3 of the total number of its members.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
8. In the event
of recognizing the registration of the candidate as invalid, his/her electoral
deposit and the means left in the pre-election fund are transferred to the state
budget.
9. The decision
of the Territorial Electoral Commission on denial or invalidation of the registration
of the candidate for the deputy can be appealed in court within three days after
it has been taken.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
10. Basing
on a court verdict on recognizing the decision on denial or recognition invalid
of the registration of the candidate for the deputy as illegal, the candidate
is considered registered or re-registered.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Article 106. Annulment of Registration of a Candidate to the National Assembly
Nominated by Majoritarian System
Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
1. Registration
of the National Assembly candidate by majoritarian system is recognized as out
of force, if he/she:
Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
1) does not
have the right to vote any longer;
2) has submitted
an application on self-withdrawal;
3) has died;
4) as violated
the requirement under Item 8 of Article 19 of this Code;
5) has violated
the requirement under Item 7 of Article 26 of this Code.
2. In the event
of recognizing the registration of a candidate running for the National Assembly
under majority system invalid, the amount of his/her electoral deposit (except
in the case of death) and the means left in the campaign fund are transferred
to the state budget. In the event of recognizing the registration invalid because
of the death, the amount of the elections deposit is transferred to his/her
heirs.
Removed by LR-24,
25.04.07, NKR SB ¹ 13(54), 22.05.07
CHAPTER 22
STATUS OF THE CANDIDATE FOR DEPUTY
Article 107. Equality of the Candidates for National Assembly Deputies
Candidates
for deputy have equal rights and responsibilities.
Article 108. Rights, Responsibilities and Guarantees for Activity of the
Candidates for National Assembly Deputies
1. The candidates
employed by state and local self-government bodies are released from their official
duties foe the period from their registration until the official announcement
of the elections results.
2. The candidates
are released from call-ups, military service and military training until the
official announcement of the elections results.
3. The period
of time of candidate's running in elections is considered as continuation of
his/her professional career.
4. Candidates
have the right to withdraw their candidature not later than 10 days prior to
the voting day. In the event of the withdrawal of the candidacy the electoral
deposit and the means left in the pre-election fund are transferred to the state
budget.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
5. Parties
have the right to withdraw their party lists, as well as withdraw any candidacy
registered in the lists by the decision of the permanently functioning body
of the party (by the decision ratified by the permanently functioning bodies
of the alliance member parties), not later than 10 days prior to the voting
day. That decision is immediately submitted to the Central Electoral Commission.
It is forbidden to make any changes in the party electoral lists after completing
the voting.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
6. Candidates
nominated to the National Assembly under majoritarian and proportional system
can be arrested, subjected to administrative or criminal liability by court
order, solely upon the consent of the Central Electoral Commission. The Central
Electoral Commission makes a decision on the above-mentioned issue by at least
two-thirds vote of the total number of the members of the commission.
CHAPTER 23
PRE-ELECTION CAMPAIGN DURING THE ELECTIONS
TO THE NATIONAL ASSEMBLY
Article 109. The Pre-Election Fund of the Candidate for Deputy and the
Party
1. The candidate
for the deputy and the party that has nominated an electoral list for the National
Assembly proportional elections, for the purpose of conducting pre-election
campaign, can establish a pre-election fund on the name of their plenipotentiary
representative, which is formed from voluntary contributions set forth in Article
26 of this Code.
A candidate and party (party alliance) that have submitted
electoral lists to run for the National Assembly may use the resources in the
pre-election fund to pay their electoral deposits.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
2. A candidate
has the right to make a contribution to his/her own pre-election fund in the
amount 200 times the minimal salary in the Nagorno Karabakh Republic; a party
and each party - member of a party alliance can make a contribution in the amount
of 500 times the minimum salary to party’s or party alliance’s fund respectively.
Revis. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
3. Each physical
person can make a voluntary contribution to pre-electoral funds of candidates
and parties (party alliances), in the amount of up to ten times the minimal
salary, and each legal person – up to 30 times the minimal salary.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
4. During the
pre-election campaign a candidate has the right to spend an amount not exceeding
1000 times the minimal salary, and a party – an amount not exceeding 12,000
times the minimal salary.
5. Candidates
for deputies of the National Assembly and parties, registered in the procedure
established by this Code to run in the elections of the National Assembly, for
the purpose of conducting pre-election campaign have the right to use the means
of their pre-election funds only.
6. Means remaining in pre-election funds after the elections
are used in accordance with procedures set in Item 6 of Article 78 of this Code.
Add. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Article 110. Pre-Election Campaign
1. The pre-election
campaign during the elections to the National Assembly is conducted in accordance
with the procedure and time frames set forth in Articles 19-24 of this Code.
2. Parties
(party alliances) running in the elections to the National Assembly, in the
period of the pre-election campaign enjoy the rights established by Article
80 of this Code.
CHAPTER 24
BALLOTS, SUMMARIZATION OF THE ELECTION RESULTS
Article 111. Ballots
1. The elections
to the National Assembly by the proportional and majoritarian systems are held
with separate ballots.
2. A ballot
for the elections to the National Assembly by proportional system contains the
names of parties (party alliances) in alphabetical order, as well as the last
names, first names, patronymics of the first three candidates on the list.
3. Ballots
for the elections to the National Assembly by proportional system are printed
by order of the Central Electoral Commission in one printing house. The Central
Electoral Commission, through Territorial Electoral Commissions allocates the
ballots to Precinct Electoral Commissions on the day prior to the day of voting.
The ballots shall be of the same color.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
4. A ballot
for the elections to the National Assembly by the majoritarian system contains
the last names and the first names, patronymics of the candidates in alphabetical
order, according to the last name, and the names of the nominating parties (party
alliances) and in the event of civil initiative – the words "Civil initiative".
5. Ballots
for the elections to the National Assembly by majoritarian system are printed
order of the Territorial Electoral Commission. The Territorial Electoral Commission
allocates the ballots to Precinct Electoral Commissions on the day prior to
the day of voting.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
6. Ballots
shall be of the same color, and differ from the color of the ballots mentioned
in Item 2 of this Article.
7. The number
of ballots allocated is 3% more, than the number of voters registered in the
precinct voter lists.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Article 112. Summarization of Results of the National Assembly Proportional
Elections
1. The Central
Electoral Commission based on the data of the summarization protocols in constituencies,
in the procedure and time frames established by Article 64 of this Code summarizes
the elections results, and takes one of the following decisions:
1) on the elections
of the deputies of the National Assembly by proportional system;
2) on recognizing
the elections to the National Assembly by proportional system as invalid;
3) on recognizing
the elections to the National Assembly by proportional system as failed.
If none of the above decisions is taken in accordance
with procedures defined by this Code, the decision which received the largest
number of commission members’ votes is considered adopted. In case if the number
of votes for and against is equal, the Commission Chair has the decisive vote.
Revis. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
2. Mandates
envisaged for the National Assembly by proportional system are distributed among
those party (party alliance) lists, which have received respectively at least
10% and 15% of the total of the number of the votes cast and the number of inaccuracies.
In case if only one party or party alliance list has received respectively at
least 10% and 15% of the total of the number of the votes cast and the number
of inaccuracies, the next by number of taken votes two parties (party alliances)
participate in distribution of the mandates. If up to three parties (party alliances)
run in the elections to the National Assembly by proportional system, all the
parties (party alliances) participate in the distribution of mandates.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. Mandates
envisaged for the National Assembly by proportional system are distributed among
the party (party alliance) lists – proportional to the votes cast for them.
The counting of the mandates to be distributed to each party (party alliance)
list is done in a following way: the number of votes cast for each list is multiplied
by the number of mandates to be allocated to the lists, the result is divided
by the total number of votes cast for the lists participating in the distribution
of the mandates, and the integer numbers are separated, which are the numbers
of mandates to be allocated to each list.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. The rest
of the mandates are distributed among the lists by the magnitude of residuals,
on the principle of one mandate to each. In the event of the equality of the
magnitude of residuals the disputed mandate is given to the list, which has
received the biggest number of votes. In the event of their equality the matter
is settled by drawing a lot in accordance with procedures established by the
Central Electoral Commission.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. The candidate,
whose consecutive number in the electoral list is smaller or equal to the number
of mandates to be allocated to the given list, is considered elected by the
party (party alliance) list.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
6. The mandate
to be allocated to the candidate elected by proportional system, but who has
been also elected by majoritarian system, is given to the next candidate on
the list.
7. Elections
to the National Assembly by proportional system are considered invalid in case
if infringements of this Code that could impact the results of the elections
occurred during preparation and realization of the elections.
8. Elections
to the National Assembly by proportional system are considered failed in case
if less than 25% of the electorate participated in the elections.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
9. Appeals
related to disputes over the results of the National Assembly proportional elections
can be adjudicated to the Supreme Court of the
10. Re-elections
will be held not sooner than 10 days and not later than 20 days after the decision
on declaration of National Assembly proportional elections invalid comes into
force, with the same number of parties (party alliances), in compliance with
the Code.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
11. Re-voting
shall be held not sooner than 30 day and not later than 40 days after the decision
on recognizing the National Assembly proportional elections as not held has
entered into force.
Article 113. Summarization of Results of Elections to the National Assembly
by Majoritarian Electoral System
Based on the
data of the summarization protocols of voting, in the procedure and time frames
set in Article 631 of this Code, the Territorial Electoral Commission
summarizes the elections results by constituencies, and takes one of the following
decisions:
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
1) On election
of a deputy;
2) On recognizing
the elections of the deputies as invalid;
3) On recognizing
the elections of the deputies as not held.
If none of the above decisions is taken in accordance
with procedures defined by this Code, the decision took by votes of majority
of commission members is considered adopted. In case if the number of votes
is equal, the Commission Chair has the decisive vote.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The candidate
who received majority of votes is considered elected.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. In case
of one candidate running at the elections, the candidate is considered elected
if received more than half of the votes of the participants in the elections.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. In case
if two and more candidates have received equal number votes ‘for’, drawing is
held among them to determine the elected candidate.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. The elections
of the deputies are recognized invalid if:
1) the amount of inaccuracies is higher or equal to the
number of difference between the numbers of ballots cast for the two candidates
with the highest number of ballots, or, if only one candidate is running, the
difference between the ballots cast for and against that candidate, which significantly
affects the election results, i.e. makes it impossible to reestablish the real
results of the election and determine which candidate is elected;
2) violations of this Code that could influence the outcome
of the election have occurred during preparation and conduct of elections:
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
6. Elections
of a deputy are recognized failed in case if:
1) the only
candidate running has not received the required number of votes;
2) the elected
candidate died before the elections results have been summarized;
3) no candidate was nominated or registered within the
timeframe and in accordance with procedures defined by this Code;
4) the percentage of voters participated is less
than 25%.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
7. Within two
hours after adopting a decision on summarization of the elections results, Chair
of the Territorial Electoral Commission sends a report to the Central Electoral
Commission.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
8. Appeals
related to disputes over the results of the National Assembly majority elections
can be adjudicated to the Supreme Court of the
9. Re-elections
will be held not sooner than 10 days and not later than 20 days after the decision
on declaration of the elections of a candidate invalid comes into force. In
case of recognizing the results of re-voting invalid during National Assembly
elections under majority system, new elections are conducted not earlier than
30 days and not later than 40 days after that decision comes into force.
10. Re-elections
will be held not sooner than 30 and not later than 40 days after the decision
on declaration of the elections as not held comes into force.
101. In case if elections are considered invalid
or failed, the candidate’s electoral deposit is refunded.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
11. New elections
are held with new nomination of candidates and within timeframe defined for
conducting extraordinary elections.
CHAPTER 25
ASSIGNMENT AND CONDUCTING OF ELECTIONS
TO THE NATIONAL ASSEMBLY
Article 114. Time frames for Setting and Conducting Regular Elections to
the National Assembly; Nomination and Registration of the Candidates
1. Regular
elections to the National Assembly are held not earlier than 40, but not later
than 30 days before end of its term.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. President
of the Republic issues a decree on setting regular elections not later than
100 days prior to the day of voting.
3. Parties
(party alliances) submit the documents for nomination of candidates for deputies
by proportional system to the Central Electoral Commission not earlier than
75 and not later than 70 days prior to the voting day, before 6 p.m.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. The documentation
required for registration is submitted to the Central Electoral Commission not
later than 45 days prior to the voting day, until 6:00 p.m.
5. The registration
of party (party alliance) lists is done not earlier than 40 and not later than
35 days prior to the voting day, until 6:00 p.m.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
6. Documentation
on nomination of candidates for deputies of National Assembly by majoritarian
system is submitted to relevant Territorial Electoral Commission not earlier
than 75 and not later than 70 days prior to the voting day, before 6 p.m.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
7. The documentation
required for registration of candidates is submitted to the Territorial Electoral
Commission not earlier than 40 and no later than 45 days prior to the voting
day, until 6:00 p.m.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
8. The registration
of candidates for deputies of the National Assembly by majority system is done
not earlier than 40 and not later than 35 days prior to the voting day, until
6:00 p.m.
Article 115. Setting and Conducting By-elections to the National Assembly
1. In case
of a vacancy in the National Assembly by the majoritarian system as a result
of early termination of powers of a deputy, by-elections are held at the relevant
constituency.
2. By-elections
of the National Assembly under majoritarian system are held in accordance with
procedures established for regular elections and within 80 days after a seat
becomes vacant.
3. In the last
year of the powers of the National Assembly by-elections by majoritarian system
are not held.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4.By the decision
of the Central Electoral Commission the mandate of a deputy elected by proportional
system, whose term of powers has been pre-terminated, is given to the candidate
next on the relevant list, within one week. If there is no other candidate on
the party list, the mandate stays vacant.
Article 116. Setting and Conducting Extraordinary Elections to the National
Assembly
1. Extraordinary
elections are held not earlier than 30 and not later than 40 days after the
dissolution of the National Assembly.
The President
of the Republic issues a decree on setting extraordinary elections together
with the decree on the National Assembly's dissolution.
2. A party
submits the required documentation to the Central Electoral Commission for nomination
of candidates to the National Assembly by proportional system, not later than
25 days prior to the elections day, until 6:00 p.m.
3. Documentation
required for nomination of candidates by proportional system from parties (party
alliance) is submitted to the Central Electoral Commission not later than 25
days prior to the elections day, until 6:00 p.m.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
4. The registration
of party (party alliance) lists is done not earlier than 25 and not later than
20 days prior to the day of voting, until 6:00 p.m.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
5. Documentation for nominating candidates to the National
Assembly under majoritarian system is submitted to the appropriate Territorial
Electoral Commissions not earlier than 20 days and no later than 15 days before
the voting day, by 18:00.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
6. The registration
of candidates for the deputy of the National Assembly by majority system is
done not earlier than 15 and not later than 10 days prior to the election day,
until 6:00 p.m.