First instance body dealing with electoral disputes

OSCE/ODIHR Election Observation Mission Final Report,Parliamentary Elections Republic of Tajikistan (2010-02-28)

XIII. COMPLAINTSAND APPEALS

The complaints andappeals process, primarily regulated by the election law, civil procedure code,and administrative offences code, generally lacks sufficient clarity andguarantees of due process. Courts and election commissions have overlappingjurisdiction for consideration of complaints against decisions of electioncommissions, with the Supreme Court as a final instance in all cases. In thiscontext, there is a lack of clarity about the respective mandates of the courtsand electoral bodies. This is made worse by an absence of systematicco-operation between the kinds of institutions in cases when duplicatecomplaints are filed. Complaints alleging violations of the election law can befiled to courts.

Office for Democratic Institutions and Human Rights

http://www.osce.org/odihr/elections/69061 as retrieved on 2013-10-25.

The Constitutional Law of the Republic of Tajikistan'On Elections to the Majlisi Oli of the Republic of Tajikistan' (1999-12-10and amended on 2004-06-16)

II. ELECTORALCOMMISSIONS

Article 12.Authority of the Central Commission for Elections and Referenda

The Central Commission for Elections and Referenda has the followingauthorities:

...

14) Sums up the results of elections throughout thecountry, registers the elected deputies, and publishes reports on theresults of elections and list of the elected members of Majlisi milli and thedeputies of Majlisi namoyandagon.

15) Solves issueswith regard to repeat elections of the members of Majlisi milli and thedeputies of Majlisi namoyandagon.

....

17) Considers applicationsand complaints about decisions and actions of electoral commissions and makesdecisions on them.

....

Article 14.Authorities of districtelectoral commissions on election of deputies to Majlisi namoyandagon:

…

14. Considers applications and complaints aboutdecisions and action of polling station commissions and takes decisions onthem.

Article 20.Consideration of complaints on decisions of electoral commissions

Organs ofpolitical parties, which have nominated candidates, candidates themselves,proxies, observers and voters may apply to higher electoral commissions or tothe court about decisions of electoral commissions within ten days afterdecisions have been taken.

Decisions of the Central Commission for Elections and Referenda may beappealed to the Supreme Court of the Republic of Tajikistan within ten daysafter these decisions have been taken.

A complaint mustbe considered within three days after its submission, but if there are lessthan 6 days left before elections, it is considered immediately.

Legislationline,

http://legislationline.org/documents/action/popup/id/6930 as retrieved on 2013-10-25.