Milli Mejlis amends Election Code
Complainants should be informed about the decisions passed concerning their complaints, which were received during the elections, in two or three days, if less than 30 days remain until the voting day, not later than the voting day.
According to the amendment in the Code’s article 112.11, the courts should consider the complaints in two or three days, if less than 30 days remain until the voting day, not later than the voting day. Appeal on the court’s decision could be sent to next higher authority in three days.
The expert investigating the complaint should issue opinion in the period considered by the Election Code’s article 112.10. If additional investigation is required, corresponding election commission could pass a decision on it. Addition investigation could be conducted not more than three days. The expert opinion is announced immediately after its releasing and delivered to the complainant.
According to amendment made to the Electoral Code’s article №140, the decision adopted through referendum and official announcement about the results of referendum are published by Central Electoral Commission together with the text of act adopted through referendum within 30 days. This procedure was within 20 days before.
The amendment made to the article â„– 241 considering the declaration of announcement of results of municipal elections decreased the maximum period considered for announcement of results of elections from 30 days to 25 days.
Parliament also made amendments to Administrative Procedural and Civil Procedural codes. According to the amendments, the right to consider the infringements in the election process was given to the administrative courts.
The application made regarding the protection of electoral rights must be considered within 3 days, the application made within less than 30 days before the election day must be considered within 2 days (not later than the election day), the application made on the election day and after that day must be considered immediately and relevant decision must be passed.
The court considers the application in the presence of the applicant, relevant election commission or other interested persons. Absence of the abovementioned persons, who are informed about the date and place of the hearing, does not impede the consideration of the case.
The full court decision in written form must be presented within 24 hours after the concluding part of the decision is declared, the decisions passed 30 days before the election day and after that must be presented within 18 hours.
The appeal against the court decision can be filed to the Supreme Court within 3 days after the decision is presented fully. This appeal must be considered within 3 days, if there are 30 days left till the election day, the appeal must be considered within 2 days (not less than the election day), the appeals made on the election day and after that day must be considered immediately.
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