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Law of the Republic of Belarus

N 137-3 of April 30, 1998

On the Central Commission of the Republic of Belarus on Holding Elections and Republican Referenda

The present Law determines the order of formation, authorities and organisational and legal forms of activity of the Central Commission of the Republic of Belarus on Elections and Conducting Republican Referenda (further – the Central Commission).

Article 1. Fundamentals of status of the Central Commission

The Central Commission organises within the bounds of its authorities holding elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives of the National Assembly of the Republic of Belarus (further – deputies of the Chamber of Representatives), deputies of local Councils of Deputies and other persons who are to be elected by the people, conducting republican referenda, deals with problems combined with the organisation of recalling the deputies of the Chamber of Representatives and members of the Council of the Republic, and also exercises control over execution of the legislation on elections, referenda, recalling the deputies and members of the Council of the Republic.

The Central Commission is at the head of the system of electoral commissions, commissions on elections of the President of the Republic of Belarus and commissions of referenda that are functioning during the period of preparation and holding elections and republican referenda.

The Central Commission – secular body, is a legal entity, has the seal with the image of the State Emblem of the Republic of Belarus and with its own name, banking account.

Article 2. Basic Principles of the Activity of the Central Commission

Legitimacy, independence, collective nature, openness and publicity are the basic principles of the activity of the Central Commission.

The Central Commission in its activity is guided by the Constitution of the Republic of Belarus, the present Law, other statements of legislation of the Republic of Belarus and is not bounded by the decisions of political parties and other public associations.

Direct or indirect influence over the Central commission or its members, connected with the exercising of the authorities given to the Central Commission, is forbidden and causes responsibility according to the law.

Article 3. Formation of the Central Commission

The Central Commission consists of 12 members being citizens of the Republic of Belarus, which have, as a rule, higher juridical education and operational experience on organisation and holding elections and referenda.

Six members of the Central Commission are to be appointed by the President of the Republic of Belarus and six members are to be elected by the Council of the Republic of the National Assembly of the Republic of Belarus.

Candidatures to the staff of the Central Commission are to be recommended correspondingly to the President of the Republic of Belarus and the Council of the Republic of the National Assembly of the Republic of Belarus by the combined representation of presidiums of oblast, Minsk City Council of Deputies and oblast, Minsk state executive committees.

The Chairman of the Central Commission is to be appointed by the President of the Republic of Belarus with consent of the Council of the Republic of the National Assembly of the Republic of Belarus among the members of the Central Commission. The Vice-Chairman and the Secretary of the Central Commission are to be elected among the members of the commission during its first meeting. Candidatures for the election for the position of the Vice-Chairman and the Secretary of the Central Commission are to be introduced by the Chairman of the Central Commission. Candidature of the Vice-Chairman is to be preliminary submitted to approval of the President of the Republic of Belarus.

The term of powers of the Central Commission is five years.

Candidates for the President of the Republic of Belarus, candidates for deputies of the House of Representatives and their trusted persons, candidates for members of the Council of the Republic, deputies of the House of Representatives, members of the Council of the Republic and other persons in cases provided by the law can’t be the members of the Central Commission. In that case, authorities of the person, which is in the staff of the Central Commission, are to be considered ceased since the moment of its registration as a candidate for the President of the Republic of Belarus, candidate for the deputy of the House of Representatives, agent of one of the mentioned persons or the candidate for members of the Council of the Republic, or since the moment of acquiring the status, according to which he/she can’t be the member of the Central Commission.

The Chairman, the Vice-Chairman, the Secretary, members of the Central Commission can be relieved of the post before expiry of their authorities by the President of the Republic of Belarus with notification of the Council of the Republic of the National Assembly of the Republic of Belarus in the following cases:

1) written statement on resigning from the post;

2) loss of the citizenship of the Republic of Belarus;

3) systematic non-execution of his/her duties;

4) conducting actions which discredit the Central Commission;

5) court indictment regarding to them comes into legal force.

The members of the Central Commission which are the members of political parties have to interrupt their membership of the party and during the period of working in the commission can’t take part in the activity of the parties and also carry out their orders.

Election (appointment) of the members of the Central Commission instead of persons who have left its stuff is conducted in the order which is established by the present article.

Article 4. Authorities of the Central Commission

The Central Commission:

1) organises holding elections of the President of the Republic of Belarus, deputies of the House of Representatives and members of the Council of the Republic, deputies of local Councils of Deputies and other persons who are to be elected for the post by the people, holding of republican referenda; on the whole territory of the Republic carries out the control over execution of the legislation on elections, referendum, recall of deputies and members of the Council of Republic, makes explanations in order of its unified application; appeals if needed to the subjects having a power of legislative initiative with propositions on interpretation of laws on elections, referendum, recall of deputies and members of the Council of Republic;

2) affects management on activity of electoral commissions, commissions on elections of the President of the Republic of Belarus, commissions on referendum, commissions on conducting votes on deputies recall, gets theirs information, render these commissions methodological and organizational & technical assistance, if needed takes a decision on matter within a scope of competence of a lower commission;

3) forms electoral districts on elections of deputies of the Chamber of Representatives and establish the average quantity of electors per electoral district in the Republic of Belarus;

4) decides questions on order of participation of the citizens of the Republic of Belarus being outside the territory of the Republic of Belarus in elections of the President of the Republic of Belarus, deputies of the Chamber of Representatives and republican referendum; at the introduction of the Ministry of Foreign Affairs of the Republic of Belarus takes a decision on attaching the voting places abroad to the administrative – territorial units or election districts in the territory of the Republic of Belarus;

5) makes conclusions on legitimacy of nominating candidates for the members of the Council of Republic, summarize elections of the members of the Council of Republic and publish in mass media the list of elected members of the Council of Republic; convenes first after elections session of the Council of Republic of the National Assembly of the Republic of Belarus;

6) register:

initiative groups of citizens on nomination of candidates for the President of the Republic of Belarus;

candidates for the President of the republic of Belarus, their trusted persons and gives them proper certificates;

initiative group of citizens on conducting republican referendum and questions proposed for the republican referendum;

election blocks formed by political parties during elections of deputies of the Chamber of representatives;

initiative group on collecting signatures in support of proposition on erecting the question on recall of deputy of the Chamber of Representatives;

initiative group of citizens on realization of the right of legislative initiative and the bill proposed by the group to be introduced to the Chamber of Representatives of the National assembly of the Republic of Belarus;

7) secures observance of equal legal conditions of pre-election activity of political parties, other public association, electoral blocks, candidates for the President of the Republic of Belarus, candidates for deputies;

8) determines the order of exploiting the state – run mass media during pre-election campaign;

9) forms and approves budgets of expenses on conducting elections, republican referendum in the frame of sums assigned from the budget; forms non-budget electoral fund for voluntary grants of public associations, organizations and citizens, and approves the statute of the fund; distribute money sums assigned from the republican budget and non-budget electoral fund for electoral commissions, commissions on election of the President of the Republic of Belarus, commissions on referendum, controls the proper use of the funds, and also for providing the commissions with lodgments, transport, communication, consider other matters of their material & technical support; informs the Chamber of Representatives of the National Assembly of the Republic of Belarus on spending money sums assigned from the budget on conducting elections and republican referendum; publish a report on spending resources of the non-budget electoral fund;

10) establish forms of bulletins and list of citizens having the right to participate in elections, referendum, voting on recall of deputies, protocols of pre-election meetings and sessions of commissions , and other documents on elections, referendum, recall of deputies, samples of boxes for voting and stamps of commissions, the order of storage of documents on elections, referendum;

11) gets reports of state bodies and bodies of public associations on questions connected with preparation and conducting elections, referendum;

12) at the simultaneous summarizing elections and referendum establish that the lists of citizens who can participate in elections and referendum, places for voting, district and place commissions are common for elections and referendum;

13) summarize elections, referendum, publish information on its in mass media; register elected deputies of the Chamber of representatives and publish their list in press; convenes the first after elections session of the Chamber of Representatives of the National Assembly of the Republic of Belarus;

14) issues the elected President of the Republic of Belarus and members of the Council of Republic certificates on their election;

15) decides questions connected with conducting second round of voting, repeated elections and elections of the President of the Republic of Belarus in the case of the post vacancy, and also of repeated voting on referendum;

16) decides questions connected with organization of recall of deputies of the Chamber of Representatives and members of the Council of Republic, appoints elections of deputies of the Chamber of representatives instead of quit deputies and secure its conducting;

17) consider appeals and claims on decisions and actions of election commissions, commissions on elections of the President of the Republic of Belarus, commissions on referendum, commissions on conducting voting on recall of deputies and makes decisions on its;

18) study and summarize the practice of application of legislation on elections and referendum, bring to the subjects of the right of legislative initiative suggestions on improving the legislation on elections and referendum;

19) create working groups and other structures for organization, legal and technical support of elections and referendum;

20) establish and improve relations with bodies of other states and international organizations in charge of organization of conducting elections and referenda;

21) affects other powers in accordance with Belarussian legislation.

Article 5. Work organization of The Central Commission.

The Central Commission is acting in accordance with collective nature, freedom and publicity of decisions and conclusions in any questions under its competence.

Sessions of the Central Commission are being called in case of need by its Chairman, and in request of at least one third of its members and are holding by the Chairman. In case of absence of the Chairman sessions are holding by the vice-chairman under instruction of the Chairman.

The session of the Central Commission is legible if there are non - less then two thirds of its members attending. The majority of voice approves conclusions of the Central Commission in a form of the resolution voting by show. In case of equal number of voices the Chairman have conclusive voice. Regulations of the Central Commission signs by the Chairman and the secretary of the Central Commission and in the case of absence of The Chairman – by the Deputy Chairman and the Secretary.

The Chairman and the Secretary of the Central Commission are working permanently.

In case of absence of the Deputy chairman or the Secretary of the Central Commission their duty can be hold by any other member of the Central Commission. In that case decision to charge to a duty should be approved by the President of the Republic of Belarus.

Under the conclusion of the Central Commission the Deputy Chairman and members of the Central Commission can be resigned for the time of elections and referenda and in other cases, stipulated by Belarussian legislation, from their job or other duties. Their salaries retains and are paid from the funds provided for the elections or referenda.

The Chairman of the Central Commission organizes work of the Central Commission and its Staff, hires and fires Staff employees, manages the funds within the limits of estimate.

Article 6. Mandatory of the Central Commission’s resolutions.

Resolutions of the Central Commission adopted under its authorities are obligatory for execution by all State structures, public associations, plants, institutions, organizations.

Resolutions of the Central Commission can be appealed in the Supreme Court of the Republic of Belarus in cases stipulated by the legislation of the Republic of Belarus.

Article 7. Ensuring of the Central Commission’s activities.

For the direct ensuring of the Central Commission activities the Staff of the Central Commission is created. The number of the Staff employees is stipulated by the President of the Republic of Belarus under the statement of the Chairman of the Central Commission. During preparing and holding elections and republican referenda the Chairman of the Central Commission can temporary increase the number of the staff employees within the limits of estimated funds.

The Chairman, Secretary and Staff employees except technical personnel are employees of the State machinery.

The wages, social, cultural, medical conditions of work of the Chairman, Deputy Chairman, the Secretary and members of the Central Commission is stipulated by the legislation of the Republic of Belarus.

Article 8. Funding of the Central Commission activities.

Amount of funding the Central Commission activities is provided in State budget separately.

Estimated expenses is being approved by the conclusion of the Central Commission within limits of its funding.

Article 9. Enforcing of the present law.

The present Law comes into force from the date of the signing.

Article 10. Transitional conditions.

The term of the authorities of the Central Commission, formed under the Constitution of the Republic of Belarus of the 1994 with alterations and addenda adopted on Republican Referendum on the 24 of November of the 1996, stipulated by the Article 3 of the present Law, is counting from January 24 1997 – the day of its formation in legible composition.

The President of The Republic of Belarus

A. Lukashenko