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CONSTITUTIONAL LAW OF THE REPUBLIC OF TAJIKISTAN

of December 10, 1999 No. 856

About elections of Majlisi Oli of the Republic of Tajikistan

(as amended on 19-07-2019)

I. General provisions

Article 1. The relations regulated by this constitutional Law

This constitutional Law according to the Constitution of the Republic of Tajikistan determines the voting rights, their guarantees, preparation and elections to Majlisi Oli of the Republic of Tajikistan.

Article 1 (1). Legislation of the Republic of Tajikistan on elections of Majlisi Oli of the Republic of Tajikistan

The legislation of the Republic of Tajikistan on elections of Majlisi Oli of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this constitutional Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by Tajikistan.

Article 2. Structure of Majlisi Oli of the Republic of Tajikistan

The Majlisi Oli of the Republic of Tajikistan consists of two Majlises of Majlisi milli and Majlisi namoyandagon.

Article 3. Principles of participation of citizens in elections

Elections of deputies to Majlisi namoyandagon are held on the basis of general, equal and direct suffrage in case of secret vote in case of the mixed election system in which no quotas are provided.

Participation in elections is free and voluntary.

Elections of members of Majlisi milli are held on the basis of indirect voting rights in case of secret vote, the one fourth part of members is appointed by the President of the Republic of Tajikistan.

Article 4. Universal adult suffrage

The citizens of the Republic of Tajikistan who reached 18-year age till the election day irrespective of nationality, race, floor, language, belief, political line item, social position, education and property, have option.

The Majlisi milli and Majlisi namoyandagon are appointed and the citizens meeting the requirements of the Constitution of the Republic of Tajikistan and this constitutional Law get out.

Have no right to participate in elections of person, recognized as court incapacitated or containing in places of detention according to the court verdict.

The constitution and This constitutional Law determine procedure and conditions of election and discrepancy of posts of citizens with the status of the member of Majlisi milli and the deputy of Majlisi namoyandagon.

 

Article 5. Equal suffrage

Voters participate in elections on an equal basis.

Article 6. Direct and indirect voting right

People's Deputies are elected citizens of the Republic of Tajikistan in Majlisi namoyandagon directly.

Members of Majlisi milli are elected deputies of local representative bodies of the government.

Article 7. Secret vote

Vote on elections of members of Majlisi milli and deputies of Majlisi namoyandagon is secret. Intervention in declaration of will of voters is not allowed.

Article 8. Publicity by preparation and elections to Majlisi milli and Majlisi namoyandagon

Preparation and elections of members of Majlisi milli and deputies of Majlisi namoyandagon are performed by the electoral commissions openly and publicly.

The electoral commissions inform the population on the work, about the polling precincts, structure, the location and working hours of the electoral commissions and acquaint them with electoral registers, the list of the political parties participating in elections, report data on candidates, on results of vote and elections.

Representatives of seal, television and radio, can be present at meetings of the electoral commissions, be in rooms for vote acceptance, light the course of preparation and elections, and also the decision of the electoral commissions.

Article 8.1. Status and powers of national observers

The political parties which proposed the candidates and the candidates proposed by self-promotion in accordance with the established procedure represent the list of national observers for registration to the relevant district electoral commissions. In the election day national observers watch the course of elections in rooms for vote.

Activities of national observers begin the solution of the respective precinct election commissions after approval of their list and stop after the announcement of preliminary results of elections.

National observers have the right:

- study the electoral register;

- be in the room for vote since the beginning of work of the precinct election commission and before its completion;

- watch issue of voting bulletins to voters;

- be out of vote cabin during vote;

- watch the course of repayment of unused invalid bulletins, the bulletins which are in ballot box, counting of votes in the conditions providing observation of process of calculation of voting bulletins;

- study protocols of precinct election commissions by results and votes of district electoral commissions following the results of elections;

- appeal the decision, action (failure to act) of the electoral commission in higher electoral commission or court;

- be present at repeated counting of votes by the relevant electoral commissions. National observers have no right:

- issue voting ballots to voters;

- undersign at the request of the voter in case of receipt of the bulletin;

- fill in the bulletin at the request of the voter;

- make any action disturbing the mystery of vote;

- participate directly in the calculation of bulletins made by members of the electoral commission;

- make any action interfering work of the electoral commission or participate in case of decision making by the relevant electoral commission.

Article 8.2. Status and powers of the international observers

For the purpose of control of elections, carrying out them in the conditions of openness and transparency are invited the international observers.

Activities of the international observers begin after accreditation by the Central commission on elections and referenda of the Republic of Tajikistan and come to the end after the announcement of preliminary results of elections.

The international observers get permission in accordance with the established procedure and will be accredited in the Central commission on elections and referenda of the Republic of Tajikistan in the presence of the invitation. The invitation is sent by relevant organs of the Republic of Tajikistan after official publication of the decision on setting a date of elections.

The central commission on elections and referenda issues to the international observers the certificate of the established sample of their accreditation. This certificate grants the right to the international observer to perform observation during preparation and elections.

The international observers in the territory of the Republic of Tajikistan are under protection of the Republic of Tajikistan.

The international observers perform the activities freely. Material and financial provision of activities of the international observers is performed at the expense of the party which directed them or for their personal account.

The international observers have the right:

- receive the regulatory legal acts and other documents regulating process of elections;

- hold formal meetings with the political parties and certain candidates participating in elections;

- be on the polling precinct or indoors for vote, including in ballot day;

- watch vote process, counting of votes and determination of their results in conditions which allow to observe calculation of bulletins;

- get acquainted with result of consideration of claims (statements) and notes connected with violation of the law about elections;

- inform representatives of the electoral commissions the observations without intervention in their work;

- declare openly, after the end of vote the opinion on preparation and elections;

- represent the conclusions on observation of the course of the electoral process to the Central commission on elections and referenda.

The international observers I have no right:

- be in polling booth during entering by the voter of marks into ballots;

- influence voters, distribute any propaganda products or literature;

- declare benefit of political parties, candidates or procedure for elections;

- they will ask voters for whom to vote;

- use the circumstances which are not proved documentary and not subject to check in the conclusion;

- use the status for implementation of the actions which are not connected with observation of the course of elections.

The central commission on elections and referenda of the Republic of Tajikistan cancels accreditation of the international observers in case of violation of the laws of the Republic of Tajikistan by them, the principles and the universally international precepts of law.

The international observers shall:

- observe the Constitution, the laws of the Republic of Tajikistan and the international acts;

- have in case of itself the certificate on accreditation as the international observer and show it upon the demand of the electoral commission;

- carry out the obligations on the basis of the principles of political neutrality, impartiality, to abstain from statements of any benefits, assessment of the electoral commission, state bodies and other bodies, officials and other participants of the electoral process;

- not interfere with the electoral process;

- draw conclusions on the basis of observation and the actual material.

Article 9. Financing of elections

Means for preparation and elections of members of Majlisi milli and deputies of Majlisi namoyandagon are allocated from the republican budget.

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