First instance body dealing with electoral disputes

Electoral Code of the Republicof Belarus (as of 2011, in English)

Source: http://law.by/main.aspx?guid=3871&p0=Hk0000370ee

Article 33. Central Commission within itscompetence:

26) considers complaints about decisions ofelectoral commissions, commission on referendum, commission on holding of thevoting on the recall of deputies and makes decisions on them;

27) considers appeals of citizens and organizations accordingto issues of holding of elections, referendum, recall of deputies, members ofthe Council of the Republic;

(…) Appealsof citizens and organizations are subject to collegial consideration in casethe decisions upon them are taken by lower commissions. On the initiativeof the Chairperson of the Central Commission or upon the demand of not lessthan one third of its members at the sitting of the Central Commission, otherappeals of citizens and organizations are considered.

The appeals notdemanding the collegial consideration are considered, upon the instruction ofthe Chairperson of the Central Commission, by the members of CentralCommission, as well as by workers of apparatus thereof.

Article 37 (…) Decisions and actions of thecommission may be appealedagainst to superior commission, and in the cases provided for by thepresent Code and other acts of legislation of the Republic of Belarus – also incourt.

Article 82. The circuit electoral commissionmay recognize elections as invalid if violations of the requirements of thepresent Code were committed in the course of elections or during the count ofvotes or determining of the results of elections that influenced the results ofthe elections. Acomplaint about such violation is submitted by the candidate for deputy to thecircuit electoral commission not later than on the third day following the dayof elections. The decision of the circuit electoral commission maybe appealed against in the Supreme Court of the Republic of Belarus withinthree days after the day of its taking.

Article 84. The Central Commission, on thebasis of received protocols of the circuit electoral commissions, determinesthe results of elections of deputies for the electoral circuits and registersthe elected deputies of the House of Representatives.

The Central Commission may recognize the elections asinvalid if violations of the requirements of the present Code took place in thecourse of elections or during the count of votes or the determination of theresults of the elections that affected the results of the elections or do notallow the true determination of the results of the expression of will of thevoters, and deny registration of the deputy of the House of Representatives.The decision of theCentral Commission on recognizing elections as invalid may be appealed againstby the candidate for deputy to the Supreme Court of the Republic ofBelarus within three days after its taking.

The lawdoes not clearly specify what types of disputes are handled by lower level electionmanagement bodies and Central Commission.

There isa parallel system of adjudication of cases related to election results whenboth election commission and Supreme Court serve as the first instance body.The decisions of the lower election commission can be appealed to higherelection commission in the first instance. While the decisions of the CentralElection Commission can be appealed in the first instance to the Supreme Court.