LAW OF THE REPUBLIC OF TAJIKISTAN

ON ELECTIONS OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN I. GENERAL PROPOSITIONS ARTICLE 1. ELECTIONS OF THE PRESIDENT OF RT

The elections of the President of RT are conducted by citizens of RT at the basis of common, equal and direct voting right by secret ballot.

Any citizen of RT at the age of 35-65 speaking the official language and residing permanently in RT for the last 10 years and having the voting right can be elected the President. President is elected for the period of 5 years. President cannot be elected for more than two terms. Any violation of the present article leads to recognition of

the presidential elections as not valid.

ARTICLE 2. VOTING RIGHT OF CITIZENS

Citizens at the age of 18 have the right to participate in the Presidential elections.

Those who are physically incapable, those who are kept in prison or custody have no right to participate in the presidential elections.

Any other limitation of the voting right of citizens of the RT but specified by the present Law is prohibited.

ARTICLE 3. PRINCIPLE OF CONDUCTING PRESIDENTIAL ELECTIONS OF RT

Citizens of RT participate in the pre-election campaign and voting on electing the President of the republic voluntarily and on equal basis. ¹ Voting of the president of the republic is considered to be secret and conducted by citizens directly. Each citizen has one vote.

No control over the voting is permitted.

ARTICLE 4. PUBLICITY IN CONDUCTING PRESIDENTIAL ELECTIONS IN RT

State and public organizations participating in the preparations and conducting the presidential elections implement their activity openly and in public.

The RT guarantees to political parties, trade unions and other public organizations and movements/ labor unions and «citizens of RT the right to agitate for or against any candidate for the post of the president of RT.

Agitation on the election day is prohibited.

All decisions of appropriate bodies on preparation and conducting the presidential elections shall be published and broadcasted over TV & Radio within 7 days-from-the moment-of-its. ⁾adoption". Electoral-Commissions.shall.inform-the.population-on-time of the structure of the commissions, location and working time of polling station and the voting lists.

Any member of a political party, any representative member of the government bodies, representatives of the council of People's deputies of regions and cities of the republican subordination who nominated their candidates for the post of the president, mass media representatives and if necessary the representatives of foreign countries, international organizations have the right to be present at the meeting of the electoral commission during voting, counting the votes at polling stations and defining the results of voting. These representatives must have appropriate documents of their offices which define their authorities the form of which is determined by the Central Electoral Commission on presidential elections. Political partes, representatives of the government bodies, the meeting of the deputies of the council of People's Deputies of REGIONS and cities of the republican subordination who nominated their candidates for the post of the president of RT - announce their representatives to the district electoral committee not late than 10 days before the elections.

Any direct or indirect interference of the above-mentioned representatives and observers into the process of voting and activities of electoral committees is prohibited.

ARTICLE 5. MATERIAL PROVISION OF PRESIDENTIAL ELECTIONS OF RT

Expenses connected with preparation and conducting presidential election are covered by the government. Voluntary allocations of finances of different enterprises, institutions and organizations and individuals for these purposes are accepted by the Central Electoral Commission on presidential elections of RT and are equally distributed among the candidates for the post of the president of RT.

State institutions, enterprises and organizations dispose to the electoral commissions necessary equipment and rooms for

inducting elections .for free. Space and equipment of non-,, government enterprises and organizations are used at the leases ^ basis at the expense of the republican budget.

Any direct or indirect participation of foreign organizations or individuals in financing or any other material support of the election campaign of candidates for the post of the president of the republic is prohibited.

II. ORGANIZATION AND CONDUCTING OF PRESIDENTIAL ELECTION OF RT

ARTICLE 6. DETERMINATION OF TIMING FOR THE PRESIDENTIAL ELECTIONS OF RT

Presidential Elections of RT are determined by the Supreme

Soviet of RT not later than two months before the term of authorities o-f the president of RT is expired.

In case of cessation of the post of president before the fixed term, the presidential elections of RT are held within three months. :

The information of the presidential elections timing is published in the press.

ARTICLE 7. ORGANIZATION OF PRESIDENTIAL ELECTIONS OF RT

Electoral commissions take the responsibility of organizing the presidential elections of RT. Electoral commissions work jointly. Preparation and conducting of the elections by the electoral commissions are held openly and in public.

ARTICLE 8. FORMATION OF ELECTORAL DISTRICTS

Electoral districts on presidential elections of RT are formed by the Central Electoral Commission.

The voting lists of districts indicating their borders and

the number of voters are published by the Central Electoral

Commission not late than 50 days before the.elections.

ARTICLE 9. FORMATION OF POLLING STATIONS

Polling stations are formed not later than 40 days before the day of elections at the basis of decision^of executive commission of the Council of People's deputies of region, districts and cities at a rate of 20 to 3 000 voters for one polling station with the agreement of district electoral committees.

Polling stations are formed taking into consideration borders of regions, cities and city districts in order to create maximum of conveniences for voters. Polling station are also formed in military units and belong to electoral districts according to the location of military units. Borders of polling station shall not cross the borders of electoral districts.

Polling stations can be formed in sanatoriums. resting houses, hospitals and other places difficult to reach. These polling stations belong to the electoral districts in accordance with their location.

Corresponding executive committees of the council of People's deputies organize the notification of voters about the borders of each polling station with indication of location of district electoral commission and the place of voting.

Polling stations for the citizens of RT who are outside the country at the time of elections are formed at the representation offices of RT in this or that foreign country. In case of absence of a representation office of RT on the territory of this or that country, polling stations are formed by the Central Electoral Commission at the MFA representation offices,

The question of ascribing of a polling statiorLJ-ocated outside the country to an electoral district is so CF by the Central Electoral Commission.

Article 19

Consideration of complaints on decisions ^ made by electoral, commissions

Decisions of electoral commissions can be appealed to a higher commission or court within 10 days after the decision is taken. Decisions of the Central Electoral Commission on elections of the President of the Republic of Tajikistan can be appealed to the Supreme Court of the Republic of Tajikistan within 10 days after the decision os taken. A complaint must be reviewed within 3 days after it is received and immediately if it is received six days before the elections

IV. Voting Lists Article 20 Voting lists and succession of preparation

Voting lists are prepared by'district commissions in each district and signed by chairman and secretary of district commission

Voting lists in all districts are made at the basis of data prepared by the local executive authorities.

Voting lists of soldiers who stay in military units as well as the members of their families and other voters living in military units are made at the basis of data prepared by commander of those military units. Soldiers who live outside their military units are included into the lists in accordance with the location of their residence on general basis.

The list of voters who stay during the elections in hospitals, resting houses, resorts as well as in foreign countries for diplomats are made at the basis of data prepared by the heads of those institutions.

The voting lists are made in the form convenient for organization of elections.

Article 21

Inclusion of Citizens into the Voting Lists »

Citizens of the Republic of Tajikistan who have the right to vote are included into the voting lists.

Into voting papers are included all permanent and temporary residents residing at the moment of making up voting papers on the territory of the appropriate electoral districts.

Into voting papers filled in at sanatoriums, rest homes, and hospitals are included all the citizens who are cured there on the election day.

Each citizen of the Republic of Tajikistan shall be included into one election paper only.

Those citizens who have come bo the election center after making up voting papers for public acquaintance are included into another additional paper.

ARTICLE 22. Public Acquaintance With Voting Papers

Voting papers at district election centers are presented for public acquaintance fifteen days and at other election centers two days before the election day.

At the election centers citizens are provided a right to get acquainted with the voting papers and check up electors records. Each citizen provided a right to appeal against non insertion, wrong insertion, or exclusion from the list including discrepancies in electors records. Applications with complaints , in about discrepancies in voting papers are examined by a district ' election commission in the period not later than three days and immediately on the day before and very election day. In case of refusal of an application, the copy of grounded refusal is urgently passed on to an applicant by the district election commission. The refusal may be appealed by a higher election authority, or at a district (city) court during three days, and urgently with adoption of a final decision on the day before and very election day. If an applicant's demand is satisfied, the amendment in voting papers is made by the district election commission immediately.

ARTICLE 23. Suffrage Identification

In case an elector changes his place in the period between presenting voting papers for public acquaintance on the election day, a district election commission issues a suffrage identification due to an elector's request and presentation of

his identification. Afterwards, a corresponding mark in district voting papers is made.

V. CANDIDATES NOMINATION AND REGISTRATION TO THE POST OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

ARTICLE 24. Nominating Candidates To The Post Of The President Of The Republic Of Tajikistan

Nominating candidates to the post of the president of the Republic of Tajikistan shall be registered in established order by republican political parties at their congresses and

conferences in accordance with their Charters and legislation of the Republic of Tajikistan, Council of People's Deputies of the Gorno-Badakshan Autonomous Oblast, Regional Councils of People's Deputies, Dushanbe City Council of People's Deputies and Representative Assembly of Regional and City Councils of People's Deputies of republican subordination. Representative quota and procedure of holding of Representative Assembly of Regional and City Councils of People's Deputies of republican subordination is determined by the Central Election Commission On The Elections Of The President Of The Republic Of Tajikistan.

Each political party, the Council of People's Deputies of the Gorno-Badakhshan Autonomous Oblast, Regional Councils of People's Deputies, Dushanbe City Council of People's Deputies and Representative Assembly of Regional and City Councils of People's Deputies of republican subordination shall nominate only one candidate to the post of the president of the Republic Of Tajikistan.

The decision about candidates' nomination is adopted by vote majority of total number of congress or conference delegates, total number of people's deputies of the Council of People's Deputies of the Gorno-Badakshan Autonomous Oblast, Regional

Councils of People's Deputies, Dushanbe City Council of People's Deputies

Unominated candidate for presidency must be supported by 5 per cent of citizens of the Republic of Tajikistan, who have the right to vote.

Collection of signatures in support of the nominee shall be carried out in accordance with procedure and terms, determined by the Central Electoral Commission for Election of the President of the Republic of Tajikistan.

Nomination of a candidate for the post of the President of the Republic of Tajikistan, conducted with violation of the present Law, shall be considered not valid.

Nomination of candidates for the post of the President shall be carried out 50 days before the elections and completed not later than 30 days before the elections.

Total number of candidates for Presidency shall not be restricted.

Decision on nomination of- a candidate for the post of President shall be directed to the Central Electoral Commission not later than in three days after the decision is made. The candidate shall be notified of such a decision within .two days after such decision is made.

Political parties, representative bodies of government;

Conference of representatives of Deputies of the Councils of People's deputies of districts and cities of Republican subordination, which have nominated candidates for Presidency, have a right to cancel their decision on nomination of their candidates any time before the elections. .Such decisions are made in accordance with procedures, which determine nomination of candidates.

Candidate for the post of President of the Republic of Tajikistan can any time withdraw his candidacy, by addressing a statement to the Central Electoral Commission. Not eligible for nomination for the post of the President of the Republic ofi Tajikistan are citizens with previous convictions, which have not been liquidated or remitted in the manner established by law, professional ministers of religious organizations and unions.

Incase if no candidates have been nominated for the post of the President of the Republic of Tajikistan, or in case if all nominees have withdrawn their candidatures, candidates for the f post of the President of the republic of Tajikistan shall be nominated by the Supreme Council of the Republic of Tajikistan. In this case candidates shall be considered nominated if they receive through secret vote not less than one-third out of total number of people's deputies of the Republic of Tajikistan.

Article 25

Registration of Candidates for the Post of the

Pres-ident of the Republic of Tajikistan and Their Trustees Registration of nominees for the post of President and their trustees shall be carried out by the Central Electoral Commission for Elections of the President of the Republic of Tajikistan within three days from the moment of submission of the necessary documents, but not later than 25 days prior to the elections.

Decision on nomination of a candidate for the pose of the President of the Republic of Tajikistan shall be made upon presentation of the following documents;

- protocol of the meeting of the highest body (congress, conference) of the political party, sessions of the Council of people deputies of the Gorno-Badakhshan Autonomous Region, Regional councils of people deputies, Dushanbe city Council of people's deputies. Councils of people's deputies of districts and'cities of the republican subordination;

- forms with signatures of citizens in support of the candidate to the post of the President, notarized by the

executive committees of district and city councils of people's deputies in cases, specified in the present Law;

- biographic data on the candidate for the post of : President;

- statement of the candidate for Presidency of his consent -"^r/ ' ' tc/ballot for the post of President;

Candidate for the post of the President of Republic of Tajikistan, and also trustees of the candidate cannot be members of any electoral commission for elections of the President. In case if a member of any electoral commission for elections of the President is nominated as a candidate for the post of the President or as a trustee of a candidate, he shall be considered relieved from responsibilities of the member of such a commission from the moment; of his registration as a candidate for the post of the President or as a trustee.

Central Electoral Commission within two days after registration shall issue relevant credentials to the candidates for the post of President of the Republic of Tajikistan.

Refusal of the Central Electoral Commission to register a candidate for the post of the President of the Republic of Tajikistan can be appealed against by political parties, representative authorities, which have nominated the candidate, in the Supreme Court of the Republic of Tajikistan, which shall consider the appeal in one week. The decision of \the Supreme Court shall be Ultimate.

The Central Electoral Commission within seven days after registration of a candidate for the post of the President of the Republic of Tajikistan shall publish in press the information on regis-tration with indication of name, first name, father's name, date and place of birth, education, present employJner^t^^and^ position, party membership, residence address, mariiaT' "status of each candidate, and also name of the institution which nominates the candidate for the post of President.

Article26 Voting bulletin

The form and text of the voting bulletin for election of the President of the Republic shall be approved by the Central Electoral Commission for elections of the President of the republic of Tajikistan. The bulletin shall include in alphabetical order the list of candidates for the post of President with indication of name, first name, father's name, date of birth, present occupation and employment.

Voting bulletins shall be printed in the state language, the language of international communication or in the language used by the population of the district, as determined by the Central Electoral Commission for elections of the President of the Republic of Tajikistan, and under its control.

Voting bulletins shall be delivered to district electoral commissions not later than two days before the elections.

The premises where the voting bulletins are stored shall be ^lt sealed and given over for guard by Ministry of Internal Affairs.

VI. ELECTION CAMPAIGN. GUARANTEES FOR

ACTIVITIES OF CANDIDATES FOR THE POST OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 27.

Guarantees for activities of candidates for the post of the President of the Republic of Tajikistan and their trustees

Candidates for the post of the President of the Republic^of Tajikistan from the moment of their registration by the Central Electoral Commission for elections of the President of the Republic of Tajikistan participate in elections on basis of equality, enjoy equal right for utilization of possibilities of mass media, including radio and TV, on the territory of the " Republic of Tajikistan.

All registered candidates for the post of President are provided equal terms of material-technical and financial provision of election campaign.

Candidate for Presidency has the right to meet with voters as at conferences, as well at any other form convenient for voters. Electoral commissions, local authorities provide the candidates for Presidency with equipped^premises for conferences /^^c-^l//" The voters shall be informed in advance of the time and place of conference.

Government bodies, public unions, managers of enterprises, institutions, organizations must provide candidates for the post of President assistance in organization of meetings with voters, in access to necessary information and materials.

Candidate for the post of President can make a statement on his future activities. The program of a candidate must not contradict the Constitution of the Republic of Tajikistan.

Registered candidates for the post of President in the

period of election campaign have a right for release from offiae and job duties, while preserving the average salary at the, present employment, from funds set aside for elections.

Candidates for the post of President and their trustees cannot be dismissed from job, or transferred to different job or position without their consent.

Candidates for the post of President enjoy the right for free use of any municipal passenger and inter-town transport (except for taxi) within the territory of the Republic of , Tajikistan.

Candidate for the post of President cannot .be held responsible for crime, arrested, detained or subjected to administrative punishment, effected through court decision, without consent of the Central Electoral Commission for elections of the President of the Republic of Tajikistan.

Article 28.

Trustees of the candidate for the post of the President of the Republic of Tajikistan.

Candidate for the po.st of the President of the Republic of Tajikistan has the right to have up to 15 trustees, who assist in conducting the electoral campaign, urge to vote for him, represent his interests in relations with government and public institutions, electoral commissions. A candidate for the post of the President of the Republic of Tajikistan determines his trustees by himself and informs the Central Electoral Commission for election of the President, which registers the trustees and issues credentials for them.

Trustees cannot be members of the relevant electoral commissions.

By request of the candidate for the post of the President trustees can be^relieved of their job duties while preserving their salaries,'which will be compensated from the election funds.

Authorities of a trustee can be ceased at any time before the elections by his statement, or by appeal by the candidate for the post of the President of the Republic of Tajikistan, of which the Central Electoral Commission for election o the President of the Republic of Tajikistan shall be informed.

VII. PROCEDURE OF VOTING AND

SUMMARIZING RESULTS OF ELECTIONS OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 29. Time and place for voting

Voting shall be conducted at the day of election from 6.00 till 20.00 by local time. The district electoral commission shall inform the voters of the time and place for voting not later than five days before the elections period of election campaign have a right for release from offiae and job duties, while preserving the average salary at the present employment, from funds set aside for elections.

Candidates for the post of President and their trustees cannot be dismissed from job, or transferred to different job or position without their consent.

Candidates for the post of President enjoy the right for free use of any municipal passenger and inter-town transport (except for taxi) within the territory of the Republic of, Tajikistan.

Article 28.

Trustees of the candidate for the post of the President of the Republic of Tajikistan.

Trustees cannot be members of the relevant electoral commissions.

By request of the candidate for the post of the President trustees can be^relieved of their job duties while preserving their salaries,'which will be compensated from the election funds.

VII. PROCEDURE OF VOTING AND

SUMMARIZING RESULTS OF ELECTIONS OF THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Article 29. ' Time and place for voting

Voting shall be conducted at the day of election from 6.00 till 20.00 by local time. The district electoral commission shall inform the voters of the time and place for voting not later than five days before the electionsby their choice, except for members of electoral commission.

Voter shall cross out in the bulletin names of candidates against which he votes. The filled-out bulletin shall be put in ballot-box.

Article 32 Count of votes at polling station

Count of votes shall be carried out at polling station by electoral commission separately for each candidate.

Ballot-boxes shall be opened by electoral,commission in presence of all its members after voting is announced completed by the chairman of the commission. Opening of ballot-boxes before completion of voting shall be prohibited. Prior to opening the ballot-boxes all unused voting bulletins shall be counted by the electoral commission and shall be cancelled. Prior to opening the ballot-boxes voting lists shall be sealed in envelopes and put into ballot-boxes in presence of all members of the electoral commission.

District electoral commission shall by the principal list of voters and attachments to the principal list determine total number of voters in the district, and also number of voters, who received voting bulletins and voting lists. Based on the number of bulletins and voting lists in the ballot-boxes the commission shall determine;

- number of voters, who took part in voting;

- number of votes for and against each candidate;

number of bulletins and voting lists which are recognized as not valid. Votes shall not be counted in regard of names which voters enter in voting lists and bulletins as additional candidates,

Voting lists and bulletins not conforming to the approved standards shall be considered not valid, as well as bulletins and lists with names of more than one candidate left.

In case if* the electoral commission has doubts in regard of validity of voting bulletins the matter shall be settled by way of voting,

Results of count of votes shall be announced at the meeting of the electoral commission and shall be entered in the protocol of the meeting.

The protocol shall be signed by the chairman, deputy chairman, secretary and members of the commission and shall be forwarded to the appropriate district electoral commission in the order determined by the Central Electoral Commission.

Determination of results of elections in district

District Electoral Commission, based on protocol of district electoral commissions shall determine:

- total number of voters in district

- number of voters who received voting bulletins and voting lists

number of voters who did vote

- number of votes for and against each candidate

- number of bulletins and'voting lists recognized as not valid.

Results of voting for districts shall be determined at the meeting of electoral commission and entered in the protocol. The protocol shall be signed by chairman, deputy chairman, secretary. and members of the commission and shall be sent to the Central Electoral Commission in established manner.

Determination of Results of Election of the President of the Republic of Tajikistan

The Central Electoral Commission'for Election of the President of the Republic of Tajikistan shall determine based on protocols of district, electoral commissions:

- total number of voters in the Republic

- number of voters who received voting bulletins and voting lists

- number of voters who did vote

~ number of votes for and against each candidate

- number of lists and bulletins recognized as not valid.

Election of the President shall be .considered completed if more than 50 percent of voters written down in the voting lists took part in voting.

Elected candidate for the post of the President of the Republic of Tajikistan is considered to be the candidate who received more than 50 percent of votes of voters who took part in voting.

In general and in part elections can be considered as not valid in case if there are mistakes made during the elections or during counting of votes which affected the results of voting. The decision on,recognizing the elections as not valid shall be taken by the Central Electoral Commission of the republic of Tajikistan and can be appealed to the Supreme Court of the Republic of Tajikistan within 10 days. Candidates for the post of the President of the Republic of Tajikistan have the right" to appeal the decision on recognizing the elections as not valid.

In case the results of elections in certain districts are recognized to be not valid, by the decision of the Central Electoral Commission the results of elections in these districts are excluded from the general results of the elections only in case the results of elections in general without the above-mentioned districts are considered to be valid.

The Statement on the results of the election of the President of the Republic of Tajikistan shall be published in the press of the Central Electoral Commission on elections of the President of the Republic of Tajikistan not later than within 10 days after the elections.

Article 35. Repeated Voting.

In the case, when more than two candidates were put to the

vote to be the President of the Rep. of Tajikistan but no one of the candidates didn't take the required number of votes, then the repeated voting is carried out with the participation of two candidates who took the greatest number of votes. If the only candidate remains in the result of removal of candidates, then the repeated voting is carried out with his participation. The Central Electoral commission appoints the date 'of the repeated voting within the month counting from the date of the last elections but not earlier than 15 days. ,

The information about the repeated voting is announced in the mass media.

The candidate is considered as selected, if he gets during the repeated voting the greatest number of votes of electors who have participated in.the election, compared with the other candidate, provided that more than 50 percent of registered electors have taken part in the election, and the number of votes "for" him prevails the number of votes given 'against" him.

When after the repeated voting no one of candidates wasn't ! selected as a President of the RT, then the Central Electoral Commission appoints the repeated election of the President of the Republic.

Article 36 Repeated Election.

When the elections of the President of the RT are proved not to be taken place, or invalid , or in the case when no more than two candidates were put to the vote but no one of them got the required number of votes of the electors, or when in the case of repeated voting the President of the RT wasn't selected, the Central Electoral Commission appoints the Repeated Election. In i his case the Commission can make a decision about the necessary of carrying out of elections by the district and constituency electoral commissions in a new staff. The voting is carried out &-, the same polling places and the same list of voters compiled • for the basic elections.

The formation of the Commissions, nomination and registration c candidates for the President of the Republic of Tajikistan ( -ither measures .connected with the Repeated Elections of the president of the RT is carried out according the order established by this Law.

The information about the Repeated Election is published in the mass media. The Repeated Elections are carried out not earlier than two months after the initial (basic) elections.

Article 37. Responsibility for the violence of the Law of the RT "About the Elections of the President of the RT".

Those persons, who put obstacles by force, trickery, threat or other ways for free implementation of the rights of a citizen of the RT to elect or to be elected as a President of the Republic , to carry out the preelection agitation, and also the members of the electoral commission,the state and public organs' officials • who falsifies the electoral documents, makes deliberately misrepresenting count of votes, violates the secretness of voting or admitted other violence of the present Law, carry the responsibility established by law. Those persons who have published or disseminated in some other way the false information which discredit the honor and dignity of the candidate for the post of the President of the RT or insulted the members of the electorial commission are also made answerable for it.

In the case when the candidate for the post of the President of the republic violates this Law the Central Electorial¹Commission warns him and if the violation is 'repeated it can abolish the decision of the registration of the candidate for the 'post of the President of the republic.

The declaration about the violence of this Law received by the olectorial commission,the state and public organs in the period of preparation to the elections or after the elections should be considered within the period of 3 days and that received on the election day should be considered immediately.

Article 38. Assumption of an office of the President of the RT.

The president of the Republic of Tajikistan assumes an office ..//^ of the President beginning from the day of swear in the building '' c' the Supreme Council of the RTs

" I, as a President, swear to protect the Constitution and the Law of the republic, guarantee the provision of the rights, freedom, honor and dignity of the citizens, defence the territorial entity, political, economical and cultural independence of Tajikistan, faithfully serve to the people ".