Legislative Framework

Belarus

LF001

Question:	What is the status of the electoral law governing national elections?
Answer(s):	a. Part of Constitution b. Separate legislation e. Other
Comments:	Electoral Code, art. 2: Legal basis of electoral system, of referendum is constituted by the Constitution of the Republic of Belarus, this Code and other acts of legislation of the Republic of Belarus, resolutions of the Central Commission of the Republic of Belarus on Elections and Holding Republican Referendums.
Source:	Constitution: “Constitution of the Republic of Belarus”, art. 64–78: https://aceproject.org/ero-en/regions/europe/BY/belarus-constitution-2021-english/ ; Electoral Code: "Electoral Code of the Republic of Belarus”, art. 2: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
Verified:	2023/09/13

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LF003

Question:	The national electoral law covers:
Answer(s):	a. National elections b. Regional elections c. Local elections d. Referendums
Comments:	This Code regulates relations arising when preparing and holding elections of the President of the Republic of Belarus, elections and recall of deputies of the House of Representatives of the National Assembly of the Republic of Belarus, of members of the Council of the Republic of the National Assembly of the Republic of Belarus (hereinafter – Council of the Republic), of deputies of local Councils of Deputies of the Republic of Belarus, as well as while preparing and holding a referendum (popular vote) and establishes guarantees ensuring free will of the citizens of the Republic of Belarus.
Source:	Electoral Code: "Electoral Code of the Republic of Belarus”, art. 1: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
Verified:	2023/09/13

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LF004

Question:	Is voting on the national level voluntary or compulsory?
Answer(s):	a. Voting is voluntary
Comments:	Citizens of the Republic of Belarus shall have the right to vote freely and to be elected to state bodies on the basis of universal, equal, direct or indirect suffrage by secret ballot.
Source:	Constitution: “Constitution of the Republic of Belarus”, art. 38 & 65: https://aceproject.org/ero-en/regions/europe/BY/belarus-constitution-2021-english/ ; Electoral Code: "Electoral Code of the Republic of Belarus”, art. 5: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
Verified:	2023/09/13

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LF007

Question:	What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):	a. Judiciary b. EMB
Comments:	Powers of the Central Commission: 26) consider appeals against decisions of election commissions and take decisions on them; 27) consider appeals of citizens and organizations on issues of holding of elections; 33) exercise other powers in accordance with the legislation of the Republic of Belarus. Decisions of the Central Commission may be appealed against in the Supreme Court of the Republic of Belarus in the cases provided for by the legislation of the Republic of Belarus.
Source:	Electoral Code: "Electoral Code of the Republic of Belarus”, art. 79: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
Verified:	2023/09/13

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