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Election of Deputies to the National Assembly

CHAPTER 5,  THE NOMINATION AND REGISTRATION OF THE CANDIDATES FOR DEPUTIES
 

    Article 20. The procedure of nomination for the candidates for deputies
       
      The candidates for deputies are nominated through supporting the nomination proposal by the signatures of the voters. 

      Each voter supporting the proposal of the candidate for deputy personally signs the official nomination form. 

      The filled-in and stamped official letterhead and nomination forms of a confirmed layout for the candidate for deputy are given by: 
       

        1) the Central Electoral Commission in case of proposing a nomination for election by the proportional system; 
        2) the respective district electoral committee in case of proposing a nomination for election by the majoritarian system, or the Central Electoral Commission in case the Central Electoral Commission satisfies the appeal of a rejection by a district committee to give nomination forms.
      The official nomination forms for the candidate for deputy are given to: 
       
        1) not more than 10 authorized representatives of a public-political organization, who present the decision of the governing body of the organization on submitting a list of candidates and are fully authorized by that body; 
        2) not more than 5 authorized representatives of an individual who had submitted an application to run in the elections by the majoritarian system or had sent in the legally verified application. The authorized representatives represent the interests of the proposed candidates from the list of a given public-political organization or their bloc, as well as the interests of the individual candidates in the Central Electoral Commission and are entitled to an advisory vote. 
      The candidates for deputies from a list are considered nominated if between 10,000 and 12,000 voters sign in support of the list. 

      The candidate for deputy in an election by a majoritarian system is considered nominated if between 500 and 700 voters from the given electoral district sign in support of his/her proposal. 

      An election deposit in the amount of a factor of ten of the minimum [monthly] salary in the republic is paid to the united electoral fund by the public-political organizations or the candidate for every proposed nomination of a candidate. 

      The deposit is refunded to those public-political organizations, their blocs or individual candidates, who receive more than 5% of the votes. 

      Every public-political organization or individual organizing their nomination is responsible for selecting the persons to be trusted with collecting the signatures and issues them certificates to that effect. 

      The documents proposing nominations of candidates for deputies should contain entries of the candidates first and last names, patronymic, the day, month and year of birth, address of residence, employment and party membership. 

      When giving the official nomination forms to the authorized representatives the Central and district electoral committees make mandatory entries in them of the receivers first and last names, patronymic, and the basis for registering that individual as an authorized representative. Upon submitting the nomination ballots with the signatures of voters to the respective committees for the registration of nominations, entries are made of the first and last names, patronymic, address of residence, passport number and signature of the authorized collector of signatures of the given nomination form. 

      If the proposed candidate for deputy is in detention a special reference to that effect is to be made by the initiators in the document proposing the candidate. 
       

    Article 21. The registration of a candidate for deputy
       
      The documents nominating a candidate for deputy are accepted by the respective electoral committees. The latter may discuss the issue of their registration only if the following documents have been received by the nomination deadline set by law: 
       
        1) the properly filled in nomination documents proposing a candidate for deputy; 
        2) the properly filled in official nomination ballots of a candidate for deputy with signatures of a minimum of 10,000 voters in case of elections by the proportional system and signatures of a minimum of 500 voters in case of elections by the majoritarian system; 
        3) a written declaration of the agreement by the candidate for deputy to run in the elections, which, if not submitted by the candidate in person, must be legally verified, in the manner prescribed by legislation; 
        4) a certification of residential address and registration; 
        5) the receipt of the paid election deposit; 
        6) for detained persons a written statement to the fact by the proposed candidate or his/her authorized representative. 
      The candidates for deputies are registered by respective electoral committees provided: 
       
        1) the number of invalid or false signatures revealed by an inspection of the official nomination ballots of a candidate(s) for deputy does not exceed 300 in case of elections by the proportional system and 50 in case of elections by the majoritarian system, and if these are neglected, the number of remaining signatures in the official nomination ballots is no less than 10000 in case of elections by the proportional system and no less that 500 in case of elections by the majoritarian system; 
        2) no falsification is revealed by inspection of the other submitted nomination documents. 
      The nomination of a candidate for deputy is registered without voting in cases referred to in the previous sections of this Article if the committee members with a decisive vote have no objections. In case of an objection the objection is voted on. 

      The registration of the nomination of a candidate for deputy can be refused by the respective committee if: 
       

        1) the number of invalid or false signatures revealed by an inspection of the official nomination ballots of a candidate for deputy exceeds 300 in case of elections by the proportional system and exceeds 50 in case of elections by the majoritarian system, and in case these are neglected, the number of remaining signatures in the official nomination ballots is less than 10,000 in case of elections by the proportional system and less that 500 in case of elections by the majoritarian system; 
        2) falsification is revealed by inspection of the other submitted nomination documents; 
        3) the candidate for deputy has agreed in writing to run in more than one district in case of elections by the majoritarian system and more than one list in case of elections by the proportional system; 
        4) the restrictions embedded in this law extend to the candidates for deputies. 
      In cases provided for by this Article the refusal to register the candidate for deputy by respective electoral committees is recorded without a vote, unless the persons in the committee with decisive or advisory votes have objections. In case of an objection by the above-mentioned persons the objection is voted on. 

      The registration of the candidate for deputy is considered void if following the registration facts are revealed that extend the restrictions of this Article upon the candidate. In such cases the respective committee records in its session and publishes the invalidity of the registration. 

      If the person proposed as a candidate for deputy is in detention the Central Electoral Commission passes a decision on his/her registration only if a written conclusion of the Prosecutors office exists on the substantiated nature of that persons detention. In such cases the the necessary documents for nominating a candidate for deputy are submitted to the district electoral committee 10 days prior to the deadline set for the submission of the nomination documentation. 

      The person in detention or his/her authorized representative applies to the chairman of the Central Electoral Commission with a request to receive the written conclusion of the Prosecutors office on the substantiated nature of the persons detention, attaching the receipt by the electoral committee in exchange for the necessary nomination documents, which the chairman or the secretary of the district electoral committee issues immediately upon receipt of the necessary documents, within one day. 

      Upon the receipt of the application by the person in detention or his/her authorized representative the chairman of the Central Electoral Commission within one day requests a conclusion from the Prosecutors office, which must send its conclusion on the substantiated nature of the persons detention before the deadline set by this law for submission of the nominations of candidates for deputies. 

      In case of registration or the refusal to register the persons in detention as candidates for deputy the interested parties have the right to appeal at the Supreme Court the decision of the Central Electoral Commission within three days of its passing. 

      The decision of the Supreme Court to recognize the decision of the Central Electoral Commission as illegal is considered basis for changing the corresponding decision of the Central Electoral Commission. In this case the Central Electoral Commission records without voting the change of its own decision necessitated by the decision of the Supreme Court. 

      The registration of persons in detention as candidates for deputy and their election as deputies can not serve as basis for dropping the criminal charges or closing the indictment. 

      Starting from the moment of registration the pre-trial measures chosen for such persons, the detention, may be replaced by a milder measure of custody that does not prevent them from participating in a full-pledge pre-election campaign. 

      The communique on the registration of the candidates for deputies is published in the manner prescibed by the Central Electoral Commission. 
       

    Article 22. The termination of the registration of the candidate for deputy
       
      The candidate for deputy can terminate his/her nomination through submitting a withdrawal application to the respective electoral committee. The registration of a candidate based on his/her withdrawal can be annulled no later than five days prior to the elections. In case one of the candidates declares withdrawal 5 days prior to the 2nd stage of voting, the permission is granted by decision of the the district electoral committee to the candidate with the next biggest number of votes in the 1st stage to take part in the 2nd stage of voting. 

      In case of the death of a candidate, as well as in cases provided for in Article 25 of this law when the facts are confirmed, the registration is annulled. 
       

    Article 23. Immunity of the candidates for deputies
       
      The candidate for deputy can not be detained without a decision of a court of law. 

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