Are referendum results binding?
Belarus
- Mandatory referendum - always
- Optional referendum - always
ELECTORAL CODE OF THE REPUBLIC OF BELARUS (with amendments in 2011)
ElectoralCode of Belarus
Article 121. Finalisation ofReferendum Results
On the basis of the records,received from the Oblast commission on the referendum and the Minsk Citycommission on the referendum the Central Commission shall determine:
• the total number of citizens, having the right to take part in the referendum;
• the number of citizens, who received ballot papers;
• the number of citizens, who have taken part in the vote, including the number of citizens whotook part in early voting, the number of citizens who took part in voting atthe place of stay, and the number of citizens who took part in voting on thereferendum day at the premises of the polling station;
• the number of persons who voted in favour of the question (draftdecision) submitted to the referendum, and the number of persons who votedagainst its approval; and
• the number of invalid ballot papers.
The referendum shall be consideredas held if more than a half of the citizens included in the lists of citizens,having the right to take part in the referendum, have taken part in the vote.The decision shall be considered as adopted by the referendum, if it wassupported by more than half of the total number of voters, who have taken partin the vote in the Republic of Belarus.
The decision on the adoption,alteration and amendment of the Constitution of the Republic of Belarus shallbe deemed adopted if it was supported by the majority of the citizens includedin the ballot lists.
The results of the referendum shallbe finalised at the session of the Central Commission and recorded in therecord. The record shall be signed by the chairman, the deputy chairman, thesecretary and the members of the Commission.
On the basis of a presentation madeby the respective commissions on the referendum and the bodies, whichestablished the commissions, as well as on the grounds established by it, theCentral Commission may declare the referendum results in an Oblast, a region, atown or a town district and in a precinct invalid because of the violations ofthe provisions of this Code and other legislative acts of the Republic ofBelarus.
The information on the referendumresults shall be published by the Central Commission in the press within sevendays.
The information shall state thetotal number of citizens, having the right to take part in the referendum; thenumber of citizens, who received ballot papers, the number of citizens, whotook part in the vote, the number of persons who voted in favour of thequestion (draft decision) submitted to the referendum, and the number ofpersons who voted against its approval; and the number of invalid ballotpapers.
Article124. Legal Force of the Decision Adopted by a Referendum
Thedecision adopted by a compulsory referendum shall be determined in the decreeof the President of the Republic of Belarus on the appointment of thereferendum.
Thedecisions adopted by the referendum may be cancelled or amended only by meansof a referendum provided no other conditions shall be stipulated by thereferendum.
Ifimplementing the decision, passed by the referendum, requires the adoption of alegislative act, such act shall be adopted within three month from theeffective date of the decision passed by the referendum.
