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CONSTITUTIONAL LAW OF THE REPUBLIC OF TAJIKISTAN

“On the Election of the President of the Republic of Tajikistan”

(Akhbori Shuroi Olii Jumhurii Tojikiston, 1994. #13, Article 195; Akhbori Majlisi Olii Jumhurii Tojikiston, 1999, #9, Article 238, Akhbori Majlisi Olii Jumhurii Tojikiston, 2005, #12, Article 626,)

(With amendments as of January 1, 2006)

1. GENERAL PROVISIONS

Article 1. Election of the President of the Republic of Tajikistan

The President of the Republic of Tajikistan shall be elected by citizens of the Republic of Tajikistan based on universal, equal and direct suffrage by secret ballot.

A citizen of the Republic of Tajikistan, who is not under 35, knows the state language, lives in Tajikistan for at least 10 last years and has electoral rights can be elected the President.

Violation of the requirements of the present article shall cause invalidation of the election of the President.

Article 2. Citizens’ Suffrage

Persons who have reached age of 18 shall have right to participate in the election of the President of the republic.

Persons who are recognized incapable by court or confined shall have no right to participate in the election of the President of the Republic of Tajikistan.

Any kind of limitations to the electoral rights of citizens of the Republic of Tajikistan, except the conditions stipulated in the present Constitutional Law, shall be prohibited. 

Article 3. Principles of Conduction of the Election of the President of the Republic of Tajikistan

Citizens of the Republic of Tajikistan shall participate in the pre-election campaign and voting for the President of the Republic on the voluntary and equal basis.

The election of the President of the republic shall take place by secret vote and citizens enjoy it directly. Each citizen shall have one vote.

Control over the will of citizens shall not be allowed.

Article 4. Publicity in Preparation and Conduction of Election of the President of the Republic of Tajikistan

State bodies and public associations, which participate in the preparation and conducting of the election of the President, shall lead their activities directly and in public.

The Republic of Tajikistan shall guarantee rights to political parties, trades unions, other public associations and movements, labour collectives and citizens of the Republic of Tajikistan to campaign in support or against any candidate to the post of the President of the Republic of Tajikistan.

Campaigning on Day of Election shall be prohibited.

All decisions of relevant bodies on preparation and conducting of election of the President shall be published and aired by TV and radio within 7 days of its adoption.

Election commissions shall inform people timely on their composition, locations of polling stations, working hours and the list of voters.

In meetings of the election commissions, in process of voting, during ballot counting in polling stations, as well as during conclusion of voting results, one representative from each political party,  Federation of Independent Trades Union of Tajikistan, Youth Union of Tajikistan, from the local state power representative bodies, Majlis of deputies’ representatives of Majlises of people’s deputies of districts and towns of the republican subordination, which have nominated candidates to the post of President, representatives of mass media and in case if necessary, observers from other states and international organizations shall have right to participate. Representatives must have documents issued and confirmed by the organizations that have directed them, the form of which shall be established by the Central Commission for Elections and Referenda.

Political parties, Independent Trades Unions Federation of Tajikistan, local state power representative bodies, representative Majlis of Majlises of people’s deputies of districts and towns of the republican subordination, which have nominated candidates to Presidency shall inform district election commissions on their representatives at least 10 days prior to the election.

Direct or indirect interference of the mentioned representatives and observers to the voting process and activity of electoral commissions shall be prohibited.

Article 5. Financial provision of election of the President of the Republic of Tajikistan

Expenses with regard to preparation and conduction of the election of the President shall be covered at the expenses of the budget of the Republic of Tajikistan.

State bodies, institutions, enterprises and organizations shall give premises and appropriate equipment to disposal of the electoral commissions for preparation and conduction of election free. Premises and equipment of enterprises and non-governmental organizations for the work of the electoral commissions shall be utilized based on lease at the expenses of the budget of the republic.

Any direct or indirect participation of foreign organizations and physical persons in funding and other kind of material support of the pre-election campaigns of the candidates to the post of President of the Republic shall be prohibited.

II. ORGANIZING AND CONDUCTING THE ELECTION OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 6. Appointing election of the President of the Republic of Tajikistan

Election of the President of the Republic of Tajikistan shall be appointed in a joint session of Majlisi Milli and Majlisi Namoyandagon Majlisi Oli of the Republic of Tajikistan not later than two months prior to the end of office term of the President of the Republic of Tajikistan.

In case if the authorities of the President of the Republic of Tajikistan quit prior to the fixed office term, the election of the President of the Republic of Tajikistan shall be conducted within three months.

Information on the Election Day of the President of the Republic of Tajikistan shall be published in press.

Article 7.  Organizing the election of the President of the Republic of Tajikistan

Organizing the election of the President of the Republic of Tajikistan shall be the responsibility of electoral commissions. The electoral commissions shall work collectively. Preparation and conducting of election shall be exercised openly and publicly by electoral commissions.

Article 8. Organizing constituencies

Constituencies for election of the President of the Republic of Tajikistan shall be organized by the Central Commission for Elections and Referenda.

The list of constituencies with their borders and number of electorate shall be published by the Central Commission for Elections and Referenda not later than 50 days prior to election.

Article 9. Organizing polling stations

Polling stations shall be organized by the district election commissions with the suggestion of chairmen of towns and districts not later than 40 days prior to election, embracing from 20 to 3000 voters per polling station.

Polling stations shall be organized taking into consideration the borders of districts and towns, and districts of cities with the purpose to provide maximum convenient conditions to voters. Polling stations also shall be organized inside the military units and based on their geographic locations, be attached to the corresponding constituency. Boarders of the polling stations shall not cross the borders of constituencies.

Polling stations can be organized in clinics, rest homes, hospitals and other health facilities, residence area of citizens that are located in remote area. These polling stations shall be attached to the constituencies in territory of which they are located.

District election commissions shall make arrangements for informing voters on the borders of each polling station mentioning the whereabouts of polling station commissions and voting premises. Voting premises of each polling station shall be determined by chairmen of towns and districts.

Polling stations for citizens of the Republic of Tajikistan abroad shall be organized by the representation of the Republic of Tajikistan in place of their stay and in case of unavailability of such in the territory of those countries the polling stations shall be organized by the Central Commission for Elections and Referenda with suggestion of the Ministry of Foreign Affairs of the Republic of Tajikistan.

The issue of inclusion of the polling stations located abroad to constituencies shall be solved by the Central Commission for Elections and Referenda.

III. ELECTION COMMISSIONS FOR THE ELECTION OF THE PRESEIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 10. Electoral commission system

For organizing and conducting of the election of the President of the Republic of Tajikistan the following shall be created:

Central Commission for Elections and Referenda:

District election commissions for the election of the President of the Republic of Tajikistan:

Polling station commissions for the election of the President of the Republic of Tajikistan.

Article 11. The Central Commission for Elections and Referenda of the Republic of Tajikistan

The Central Commission for Elections and Referenda of the Republic of Tajikistan shall be created as a permanent body in accordance with the Constitutional Law of the Republic of Tajikistan “On Elections to the Majlisi Oli of the Republic of Tajikistan”.

Article 12. Authorities of the Central Commission for Elections and Referenda

The Central Commission for Elections and Referenda shall have the following authorities:

1) supervise the implementation of the present Constitutional law throughout the territory of the republic and provide its equal application; within its authorities, issue manual and interpretations with regard to organizing of the election;

2) organize constituencies, title and number them:

3) organize district election commissions and publish information on their whereabouts;

4) guide the work of the electoral commissions, determine procedures of changes in their composition, invalidate the decisions of district election commission on election of the President of the republic of Tajikistan in case if they contradict the present Constitutional law;

5) solves issues regarding the inclusion of polling stations organized beyond the borders of the Republic of Tajikistan to constituencies;

6) create equal conditions for participation of candidates to the post of the President of the Republic of Tajikistan in the pre-election campaign;

7) establish order of mass media participation in pre-election campaign and their utilization in accordance with the present Constitutional law;

8) allocate financial means among the election commissions, supervise the provision of electoral commissions by premises, transport and communication facilities: solve other material and technical issues;

9) determine forms of ballots on election of the President of the Republic of Tajikistan, list of voters, ballot papers, protocols of electoral commission’s meetings, other electoral acts, patterns of ballot-boxes and seals of election commissions, order of safe-keeping of electoral documents;

10) listen to reports of leaders of ministries, state committees and departments of the Republic of Tajikistan, local state power bodies, other state bodies and public associations on issues with regard to preparation and conducting of election;

11) register candidates to the post of the President of the Republic of Tajikistan, conclude the results of election in the republic, publish information on results of election in press, register the elected President of the Republic of Tajikistan, issue him the certificate of the President of the Republic of Tajikistan;  

12) review complaints against decisions and actions of electoral commissions, make decisions on them;

13) inform the prosecutor’s office on criminal violations of the Constitutional law “On Election of the President of the Republic of Tajikistan”;

14) ensure archiving of documents related to conducting and organizing of election;

15) organize repeat voting  and repeat election

16) exercise other authorities in accordance with the present Constitutional Law and other legislative acts of the Republic of Tajikistan.

Meeting of the Central Commission for Elections and Referenda shall be recognized valid if 2/3 of its members are present on the day of meeting. 

Article 13. Organizing district election commissions for the election of the President of the Republic of Tajikistan

District election commissions for the election of the President of the Republic of Tajikistan shall be created by the Central Commission for Elections and Referenda not later than 45 days prior to the election in composition of chairman, deputy chairman, secretary and at least 4 members.

Article 14. Authorities of district election commission for the election of the President of the Republic of Tajikistan

District election commission for the election of the President of the Republic of Tajikistan shall have the following authorities:

1) supervise the implementation of the present Constitutional law in the territory of its constituency and ensure its equal application;

2) guide the work of polling stations;

3) allocate funds among the electoral commissions, supervise the provision of constituencies by premises, transport, communication facilities and other election related material and technical issues in the constituency;

4) ensure equal conditions for participation of candidates in the pre-election campaign to the post of the President of the Republic of Tajikistan  in the constituency;

5) listen to reports of local bodies of state power and government offices, leaders of public associations, enterprises, institutions and organizations with regard to preparation and conducting of election;

6) supervises the development of list of voters and offering it to public;

7) conclude the result of election in the constituency and hand it over to the Central Commission for Elections and Referenda;

8) review complaints against the decisions and actions of the district election commissions and make decisions on them

9) exercise other authorities in accordance with the present Constitutional law and legislative acts of the Republic of Tajikistan.

Article 15. Organizing polling station commissions for election of the President of the Republic of Tajikistan

Polling station commission for the election of the President of the Republic of Tajikistan shall be created by the district election commission. A polling station commission shall be organized not later than 35 days prior to the election in composition of 5 – 19 members, including the chairman, deputy chairman and secretary. If the commission is created in composition of 7 persons, then chairman and secretary shall be elected.

When there is a necessity, the number of district election commission members may be reduced or increased.

Article 16. Authorities of polling station commission for the election of the President of the Republic of Tajikistan

Polling station commission for the election of the President of the Republic of Tajikistan shall have the following authorities:

1) prepare list of polling station voters;

2) familiarize voters with the list of voters, receive applications on shortcomings and mistakes of the list and review them, solve the issue of amending the list;

3) receive early vote envelopes of voters, who on day of election are not available in area of residence and cannot participate in voting;

4) inform population on the day of election and whereabouts of the voting premises;

5) ensure arrangement of voting premises, ballot-boxes, and other equipment for election;

6) organize voting on polling station on election day;

7) count ballots cast in polling station

8) review complaints and statements on preparation to election and organizing of voting and take decisions on them;

9) exercise other authorities in accordance with the present Constitutional law and other legislative acts of the Republic of Tajikistan.

Article 17. Membership in election commissions

A commission member can be dismissed based on personal application or in case of depriving him/her from authorities.

To dismiss a member of commission of authorities in case of violation of the requirements of the present Constitutional law, or in case of regular ignorance of responsibilities shall be exercised by the body that have created the commission.

If necessary, a new member to the election commission can be appointed in accordance with the procedure provided by the present Constitutional law.

Candidates to the post of the President of the Republic of Tajikistan and their proxies cannot be members of an election commission.

One person can only be a member of one election commission.

Article 18. Organizing work and term of authorities of election commissions

Meeting of election commission shall be considered valid if not less than 2/3 of members of the commission present on day of meeting participate in it. Decision of commission in open voting shall be passed by the majority of commission members’ votes, participating in meeting. Those members who don’t agree with the decision of commission have right to express their individual thoughts, which shall be attached to the protocol. In case of equal voting, the vote of the presiding person shall be final.

Fulfillment of the decision of election commission taken within its authorities shall be compulsory for subordinate election commissions, as well as for all state bodies, public associations, labour collectives, military units leaders of enterprises, institutions and organizations.

State bodies and public associations, enterprises, institutions, organizations and officials shall support the election commissions in implementation of their responsibilities, provide them with necessary information.

State bodies and public associations, enterprises, institutions, organizations shall give premises and equipment necessary for preparation and conducting of election free to election commissions.

Election commission have right to address the issues related to preparation and conducting of election to state bodies and public associations, enterprises, institutions, organizations and officials, so that having considered the addressed issue, they shall respond to the election commission not later than within three days.

A member of election commission, by decision of commission can be freed from industrial or servicing duties with the guarantee of average salary at expenses of funds allocated for election in period of preparation and conducting of election.

The term for the authorities of district election commissions and polling station commissions ends upon taking up duties by the elected President of the Republic of Tajikistan.

Article 19. Reviewing of complaint with regard to the decisions of election commission

Claims on decisions of election commission shall be filed to the upper election commission or to court within 10 days from the day of adoption.

On decision of the Central Commission for Elections and Referenda claims can be filed to the Supreme Court of the Republic of Tajikistan within 10 days of their adoption. Claims shall be subject to consideration within three days and in case if there are less than six days before election, claims shall be considered immediately.

IV. LIST OF VOTERS

Article 20. List of voters and order of compilation

List of voters shall be compiled by each polling station commission and signed by chairman and secretary of polling station commissions.

List of voters shall be compiled in accordance with the residence place based on information on voters offered by local executive bodies of state government.

List of voters – military personnel, who are in military units, as well as their family members and other voters living in territory of military units shall be compiled based on information provided by military units commanders. Military servicemen living beyond the territory of units shall be included in the lists of residence polling stations on general basis.

Compilation of list of voters in polling stations created in clinics, preventoriums, rest homes, hospitals and other health facilities, as well as near the representations of the Republic of Tajikistan in foreign countries shall be based on information provided by heads of the mentioned institutions.

List of voters shall be compiled in an order appropriate to organizing voting. 

Article 21.  Including citizens into the list of voters

In the list of voters shall be included those citizens of the Republic of Tajikistan who have right to participate in voting.

In voters’ lists of polling stations, those citizens shall be included who in the moment of compiling the list of voters live in the territory of the relevant polling stations on permanent or temporary basis.

In voters’ lists of polling stations at the clinics, preventoriums, rest homes, hospitals and other health facilities shall be included all those citizens, who on day of election are placed in the given facilities.

Citizens of the Republic of Tajikistan shall be included only in one list of voters. Citizens who approach the polling station after posting the list of voters to public, shall be included in additional list.

Article 22. Familiarizing citizens with the list of voters 

List of voters compiled at polling station by place of residence shall be posted for public familiarization 15 days and in other polling stations 2 days prior to voting day.

Citizens shall be given opportunity to get familiarized with the list of voters in premises of the polling station commission, as well as to examine the appropriateness of voters included in the voters’ list. Every citizen shall have right to complain on being not included, being included incorrectly, being ignored on the list, as well as mistakes made on the list of voters. Statements on introduction of necessary corrections to the list shall be subject to consideration by the polling station commission within three days and on the threshold and on day of voting immediately. In case of refusal of the statement, the polling station commission immediately provides a copy of well-grounded protocol to applicant on the reasons of refusal of his/her statement.  Against the taken decision it is allowed to claim to the upper election commission or to district (town) court, which shall consider the claim within three days, or immediately on the threshold and on day of election, taking strict decision. In case if positive decision is taken with regard to the applicant, the polling station commission shall immediately amend the list of voters.

Article 23. Identification card for right to vote

In case if a voter within the time period between posting list of voters for public familiarization and day of voting changes place of residence, the polling station commission by request of the voter and upon presenting ID issues him/her a certificate granting the right to vote. Accordingly notes shall be made in the list of voters.

Upon presenting a certificate on the right to vote, the polling station commission of place of residence shall include the voter in the additional list of voters.

V. NOMINATING A CANDIDATE TO THE POST OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 24.  Nominating a candidate to the post of the President of the Republic of Tajikistan

A candidate to the post of the President of the Republic of Tajikistan shall be nominated by political parties of the republic, which are registered in accordance with the established procedures of Constitutional Law, Federation of Independent Trades Union of Tajikistan, Youth Union of Tajikistan in their congresses and conferences based on their charters, Majlis of people’s deputies of GBAO, Majlis of people’s deputies of oblasts, Majlis of people’s deputies of Dushanbe as well as majlis of deputies’ representatives of Majlises of people’s deputies of districts and towns of the republican subordination. Criteria of representing and procedure of organizing and conducting of Majlis of representatives of people’s deputies Majlises of districts and towns of the republican subordination shall be determined by the Central Commission for Elections and Referenda.

Each political party, Federation of Independent Trades Union of Tajikistan, Youth Union of Tajikistan, Majlis of people’s deputies of GBAO,  Majlis of people’s deputies of oblasts, Majlis of people’s deputies of Dushanbe as well as majlis of deputies’ representatives of Majlises of people’s deputies of districts and towns of the republican subordination shall nominate onle one candidate to the post of the President of the Republic of Tajikistan. Decision on nomination of a candidate to the post of the President of the Republic of Tajikistan shall be passed by the majority of votes of total number of political party delegates to congress or conference, Federation of independent Trades Union of Tajikistan, Youth Union of Tajikistan, by the majority of votes of total number of people’s deputies  of Majlis of people’s deputies of GBAO,  Majlis of people’s deputies of oblasts, Majlis of people’s deputies of Dushanbe as well as by the majority of votes of total number of  majlis of deputies’ representatives of Majlises of people’s deputies of districts and towns of the republican subordination. The form of voting shall be determined by the body nominating a candidate to the post of the President. There shall be compiled a protocol on nominating a candidate.

A candidate to the post of the President shall have the support of 5 per cent of citizens of the Republic of Tajikistan who have universal suffrage.

Collection of citizens’ signatures for support of a candidate being nominated shall take place in accordance with the procedure and term established by the Central Commission for Elections and Referenda.

Nominating of a candidate to the post of the President of the Republic of Tajikistan, which contradicts the present Constitutional law shall be considered invalid.

Nominating of a candidate to the post of the President shall begin 50 days and not later than 30 days prior to the election day.

Total number of candidates to the post of the President shall not be restricted.

Decision on nomination of a candidate to the post of the President of the Republic of Tajikistan shall be sent to the Central Commission for Elections and Referenda not later than within three days after adoption of the decision. The candidate shall be informed on the passed decision within two days.

Political parties, Federation of independent Trades Union of Tajikistan, Youth Union of Tajikistan, local state power representative bodies, Majlis of representatives of people’s deputies of districts and towns of the republican subordination, which have nominated candidates to the Presidency shall have right to cancel their decision on nomination of a candidate any time till election. Such decision shall be passed in accordance with the procedure provided for the nomination of candidates.

A candidate to the post of the President of the Republic of Tajikistan can withdraw his/her candidacy any time and address a statement to the Central Commission for Elections and Referenda on that.

Citizens who have criminal records and the criminal records have not been cleaned in accordance with the established legal procedure or not canceled, officials of religious organizations and associations cannot be nominated to the post of  the President.

In case if no candidate is nominated to the post of the president of the Republic of Tajikistan or all nominated candidates have withdrawn candidacy, candidates to the post of the President of the Republic of Tajikistan shall be nominated by the joint session of Majlisi Milli and Majlisi Namoyadagon Majlisi Oli of the Republic of Tajikistan. In such a case those candidates shall be considered nominated, who were supported by the majority of total number of members of Majlisi Milli and representatives of Majlisi Namoyandagon Majlisi Oli of the Republic of Tajikistan in secret voting.

Article 25. Registering candidates to the post of the President of the Republic of Tajikistan

Registering candidates nominated to the post of the President and their proxies takes place by the Central Commission for Elections and Referenda within three days after submission of necessary papers but not later than 25 days prior to the election day.

Decision on registration of candidate to the post of the President of the Republic of Tajikistan shall be taken upon availability of the following papers:

Protocol of the supreme body (congress, conference) of a political party, Federation of independent Trades Union of Tajikistan, Youth Union of Tajikistan, sessions of Majlis of people’s deputies of GBAO, Majlis of people’s deputies of oblasts, Majlis of  deputies of Dushanbe and majlis of deputies’ representatives of Majlis of people’s deputies of districts and towns of the republican subordination;

Blanks with the signatures of citizens supporting the candidate to the post of the President, which are confirmed by chairmen of districts and towns in conditions mentioned in the present Constitutional Law; autobiography of the candidate to the post of the President;

Statement of the candidate on his/her consent for candidacy to the post of the President.

A candidate to the post of the President of the Republic of Tajikistan, as well as candidate’s proxies cannot be included in any election commission for the election of the President. In case if a member of election commission for the election of the president is nominated as a candidate to the post of the President or candidate’s proxy, he/she shall be considered dismissed of commission membership from the moment of registration as candidate to the post of the President or proxy.

The Central Commission for Elections and Referenda shall issue candidates corresponding certificate within two days after registering candidates to the post of the President of the Republic of Tajikistan.

If the Central Commission for Elections and Referenda rejects registration of a candidate to the post of the President of the Republic of Tajikistan, political parties, Federation of independent Trades Union, Youth Union of Tajikistan, local state power representative bodies, majlis of deputies’ representatives of Majlises of people’s deputies of districts and towns of the republican subordination, which have nominated the given candidate can file a claim at the Supreme Court of the Republic of Tajikistan and the claim shall be considered within one week. Decision of the Supreme Court of the Republic of Tajikistan is final.

The Central Commission for Elections and Referenda within seven days after registering a candidate to the post of the President of the Republic of Tajikistan shall publish information in local press on registration, including the name and surname, date and place of birth, position and place of work, party affiliation, place of residence, family condition of the candidate, as well as the body, which have nominated the candidate to the post of the President of the Republic of Tajikistan.

Article 26. Ballot

Form and text of ballot for election of the President of the republic shall be approved by the Central Commission for Elections and Referenda. In ballot by alphabetical order the list of candidates to the post of the President with indication of surname and name, date of birth, party affiliation, position and place of work shall be entered.

Ballots for all constituencies shall be prepared by the Central Commission for Elections and Referenda in state language or in language spoken by the majority of the constituency voters not later than 10 days prior to the election of the President of the Republic of Tajikistan”. The election commissions deliver ballots by compiling an act.   

Ballots shall be delivered to the polling station commissions not later than two days prior to the election day.

Premises, where the ballots are stored shall be sealed and handed over under protection of interior bodies.

VI. GUARANTEEING ACTIVITIES OF CANDIDATES TO THE POST OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 27. Guaranteeing activities of candidates to the post of the President of the Republic of Tajikistan

Candidates to the post of the President of the Republic of Tajikistan from the moment of their registration by the Central Commission for Elections and Referenda shall participate on equal basis in the pre-election campaign, having equal rights for the utilization of mass media opportunities, including radio and TV in the territory of the Republic of Tajikistan.

Equal material, technical and financial conditions in the election campaign shall be provided to all registered candidates to the post of the President.

A candidate to the post of the President has right to meet with electorate in forms of meetings or other way convenient for electorate. Election commissions, local government bodies shall provide equipped venues for candidates to the post of the President for conduction of meetings. Electorate shall be informed about the time and place of meetings.

State bodies, public associations, leaders of enterprises, institutions and organizations shall be responsible to assist the candidates to the post of the President in organizing of meetings with the electorate and obtaining necessary informational materials.

A candidate to the post of the President can present his platform. The platform of a candidate shall not contradict the Constitution of the Republic of Tajikistan.

Registered candidates to the post of the President in the course of conducting pre-election campaign have right to suspend industrial or servicing duties with the guarantee of average salary at expenses of funds allocated for election in period pre election campaign.

Candidates to the post of the President and their proxies cannot be dismissed from work without their consent or be transferred to other job or position.

Candidates to the post of the President have right to use any kind of public urban or intercity transport (except for taxi) means free of charge in the territory of the Republic of Tajikistan.

A candidate to the post of the President cannot be called for criminal responsibility, arrested, detained, or be subject to official reprimand judicially without the consent of the Central Commission for Elections end Referenda.

Article 28. Proxies of a candidate to the post of the President of the Republic of Tajikistan

A candidate to the post of the President has right to have up to 15 trusted persons, who help him/her in conducting of pre-election campaign, campaign for him/her to be elected, protect his/her interest in relationship with the state and public bodies, and the election commissions. A candidate to the post of the President shall identify trusted persons at his/her discretion and informs the Central Commission for Elections and Referenda about them. The Central Commission for Elections and Referenda shall register the proxies and issue them certificates.

Proxies cannot be members of relevant election commissions.

Trusted persons can suspend industrial or servicing duties by request of a candidate to the post of the President with the guarantee of average salary at expenses of fund allocated for conducting of election.

Authorities of a proxy can be stopped on base of his personal statement as well as by wish of a candidate to the post of the President of the Republic of Tajikistan, about which the Central Commission for Elections and Referenda shall be informed.

VII. VOTING PROCEDURE AND CONCLUSION OF RESULTS OF THE ELECTION OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 29. Time and place for voting

Voting in the Election Day shall take place from 6am  to 20pm local time. Polling station commissions shall inform voters about the time and place of voting not later than five days prior to the Election Day.

In polling stations created in military units, remote area, as well as in clinics and rest homes, hospitals and other health facilities, the polling station commissions can declare the closure of voting as soon as all voters in list have voted.

Article 30. Organizing of voting

Voting shall take place in specially allocated premises that are equipped with sufficient number of booths or arranged rooms, corners for issuing of ballots and putting ballot boxes for secret voting. Ballot boxes shall be located the way that voters approach them leaving voting booths.

For organizing of voting, securing secret will of voters, equipping premises and keeping necessary order the polling station commissions shall be responsible.

On the election day, before the start of voting, the ballot boxes shall be examined by the chairman of a polling station commission and be sealed ot stamped in presence of all commission members.

Each voter shall vote in person, proxy voting shall be prohibited. Ballots shall be issued by the relevant election commissions on the base of the list of voters upon presenting by voter passport or other identification card. Each voter having received a ballot signs opposite his/her name in the list of voters.

A voter, who in the day of election may not be present in area of residence, can request a ballot from the relevant polling station commission, make his/her choice for electing a candidate to the post of the President and pass the filled and put in an envelope ballot to the polling station commission. The voter shall sign the list of voters about the ballot received. The form of ballot shall be determined by the Central Commission for Elections and Referenda.

In cases when some voters due to the health or other conditions cannot come to the polling premises, the polling station commission by their request shall commission at least two commission members to organize voting at their homes.

Voters who for some reasons are not included in the voters’ list shall be entered in the additional list of voters based on their documents, which prove their identity and place of residence.  

 Article 31. Conducting of voting

Voters shall fill ballots in secret voting booths or rooms. While voting in the booth, the presence of no one but the voter shall be permitted. Those voters who cannot fill ballots on their own have right by their wish to invite another person into the voting booth or room, with the exception of election commission members.

A voter crosses out the names of those candidates whom he/she does not vote for. The filled ballot shall be cast into the ballot box.

Article 32. Ballot counting in polling station

Ballot counting in the polling stations shall be carried out by polling station commission separately for each candidate.

Ballot boxes shall be opened by the election commission in presence of members after the end of voting is announced by the chairman of the commission. It shall be forbidden to open ballot boxes until the end of voting. Before opening the ballot boxes, the election commission shall count all unused ballots, cancel them and compile an act on them.

Before opening the ballot boxes, the polling station commission in presence of election commission members cast the glued envelopes with ballots into the ballot boxes.

The polling station commission determines the total number of voters as well as the number of voters to whom ballots were issued on the base of the main list and additional list of voters. Based on the ballots in the boxes, the commission shall determine the number of voters in the polling station, the number of voters who participated in voting, the number of votes in support and against each candidate and the number of ballots recognized invalid. Ballots in which voter have added names shall not be taken into account.

Non-standard ballots as well as ballots voted for support of more than one candidate shall be considered invalid. In cases when hesitations arise about the reality of any ballot, the problem shall be solved by polling station commission through voting.

The result of ballot counting shall be determined in the meeting of the polling station commission and entered into the protocol. 

The protocol shall be signed by the chairman, deputy chairman, secretary and members of commission and sent to the immediate upper election commission in accordance with the procedure established by the Central Commission for Elections and Referenda.

Article 33. Determining of result in the district.

Based on the protocols of the polling station commissions, the district election commission shall determine the number of voters in the constituency, the number of voters who participated in voting, the number of votes in support and against each candidate and the number of ballots recognized invalid.

Result of election in constituency shall be determined in the meeting of the district election commission and entered into the protocol.

The protocol shall be signed by the chairman, deputy chairman, secretary and members of commission and sent to the Central Commission for Elections and Referenda in accordance with the established procedure.

Article 34. Determining result of election of the President of the Republic of Tajikistan

The Central Commission for Elections and Referenda based on the protocols delivered by the district election commissions shall determine the number of voters in the republic, the number of voters who received ballot papers, the number of voters who participated in voting, the number of votes given “in support” and “against” each candidate and the number of ballots recognized invalid.

Election of the President shall be recognized valid if more than 50 per cent of voters included in the list have participated.

The candidate who have won more than 50 per cent of electorate votes who have participated in voting shall be recognized the elected President of the Republic of Tajikistan.

Election in general or in constituencies and polling stations can be considered invalid due to violations occurred in the process of election or ballot counting, which had an impact on the result of election. Decision on invalidating of election shall be made by the Central Commission for Elections and Referenda, which can be appealed at the Supreme Court of the Republic of Tajikistan within 10 days. The right to appeal the decision on recognition of election invalid shall belong to candidates to the post of the President of the Republic of Tajikistan.

In cases of invalid recognition of election in a district and a polling station, the results of voting in such districts and polling stations shall be excluded from the general result of election by decision of the Central Commission for elections and Referenda in condition if the election is recognized valid no matter of results of these.

Information on result of election of the President of the Republic of Tajikistan shall be published in press by the Central Commission for Elections and Referenda not later than 10 days after the election day.

Article 35. Repeat voting

If there were nominated more than two candidates to the post of the President of the Republic of Tajikistan and non have won the necessary number of votes, repeat voting shall be conducted with the participation of the two first candidates who received more votes. If due to withdrawal of candidates, only one candidate remains, repeat voting shall take place on his/her candidacy. The Central Commission for Elections and Referenda appoint repeat voting day within one month but not earlier than 15 days after the Election Day.

Information on conducting of repeat voting shall be published in press.

The candidate who wins the most electorate’s votes that have participated in voting in the repeat voting in comparison with the other candidate shall be considered elected, in condition is more than 50 per cent of voters included in the list have participated and the number of votes in support of the candidate is more than the votes against. 

If in repeat voting no candidate to the post of the President of the Republic of Tajikistan is elected, the Central Commission for elections and Referenda appoints new election of the President of the Republic of Tajikistan.

Article 36. Repeat election

In case if the election of the President of the Republic of Tajikistan is recognized invalid or not conducted, or if not more than two candidates had been nominated to the post of the President of the Republic of Tajikistan and non received necessary number of votes, or in repeat voting non had been elected the President of the Republic of Tajikistan, the Central Commission for Election and Referenda appoints repeat election. Accordingly, it may pass decision on creating of new composition of district election commissions and polling station commissions for conducting of election. Voting shall be conducted in same polling stations, in accordance with the list of voters compiled for conduction of the main election.

Creation of commissions, nominating and registering of candidates to the post of the President of the Republic of Tajikistan shall take place according to the procedure set forth in the present Constitutional Law.

Information on conducting of repeat election shall be published in press. Repeat election shall not take place earlier than two months after the main election.

Article 37. Responsibility for violation of the Constitutional Law of the Republic of Tajikistan “On Election of the President of the Republic of Tajikistan”

Persons who by force, fraudulence, threat or other ways impede citizens of the Republic of Tajikistan in exercising right to elect or be elected the President of the republic or in conducting of pre-election campaign, as well as members of election commissions and government and public officials, who knowingly falsify electoral papers, miscount votes, violate secret ballot or commit other violations of the present Constitutional law shall respond in accordance with Law. Also persons who knowingly publish or by some ways disseminate information derogating the fame and dignity of a candidate to the President of the Republic, or offend the members of election commissions shall be brought to account.

In case of violation of the present Constitutional Law by a candidate to the president of the republic, the Central Commission for Elections and Referenda shall warn the candidate, in case of repeat violation, it can cancel the decision on registering the candidate to the post of the President of the republic.

Complaints addressed to election commissions and government and public bodies with regard to violation of the Constitutional law shall be considered within three days, and on day of election – immediately.

Article 38. Taking up duties of the President of the Republic of Tajikistan

The President of the Republic of Tajikistan takes up duties from the day of inauguration, the text of which is provided by the Constitution of the Republic of Tajikistan (Article 67), at the joint session of Majlisi Milli and Majlisi Namoyandagon Majlisi Oli of the Republic of Tajikistan

Chairman of the Supreme Council

of the Republic of Tajikistan

E. Rahmonov

Dushanbe, July 21, 1994

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DECREE OF THE SUPREME COUNCIL OF THE REPUBLIC OF TAJIKISTAN

On implementation of the Constitutional Law of the Republic of Tajikistan “On the Election of the President of the Republic of Tajikistan”

(Akhbori Shuroi Olii Jumhurii Tojikiston, 1994, #13, Article 196)

The Supreme Council of the Republic of Tajikistan decrees:

The Constitutional law of the Republic of Tajikistan “On Election of the President of the republic of Tajikistan” shall be implemented from the moment of its adoption.

Chairman of the Supreme Council

of the Republic of Tajikistan

E. Rahmonov

Dushanbe, 21 July 1994

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