of February 16, 2023 No. 252-Z
About change of the Electoral code of the Republic of Belarus
Accepted by the House of Representatives on January 25, 2023
Approved by Council of the Republic on January 30, 2023
Article 1. Bring in the Electoral code of the Republic of Belarus of February 11, 2000 the following changes:
1. In Article 1:
after the words "Republic of Belarus" to add Article with words "elections of delegates of Vsebelorussky people's assembly of local councils of deputies and from civil society (further if other is not established, - elections of delegates of Vsebelorussky people's assembly),";
exclude the words "The Republic of Belarus (Further — Local Councils of Deputies)".
2. In Article 2 of the word "The Republic of Belarus, Resolutions of the Central Commission of the Republic of Belarus at Elections and Holding Republican Referenda" shall be replaced with words ", resolutions of Central Election Commission of the Republic of Belarus".
3. To add article 3 after part one with part of the following content:
"Elections of delegates of Vsebelorussky people's assembly are held on the basis of equal suffrage.".
4. State Article 4 in the following edition:
"Article 4. Universal adult suffrage and the participation right in referendum
Election of the president of the Republic of Belarus, deputies of the House of Representatives, deputies of local councils of deputies and referendum is general: the citizens of the Republic of Belarus who reached 18 years have the right to choose, participate in referendum. The citizens of the Republic of Belarus who reached 18 years having the right to participate in other selective actions provided by this Code and carried out by legal methods, other actions for preparation and holding the appointed referendum. Before announcement of referendum in actions for preparation and holding referendum have the right to take part the citizens of the Republic of Belarus who reached 18 years.
Have no right to choose, be elected, to participate in referendum, to make other selective actions, actions for preparation and holding referendum the citizens recognized by court incapacitated, persons containing according to the court verdict in places of detention.".
5. In Article 6:
after part one to add Article with part of the following content:
"Elections of delegates of Vsebelorussky people's assembly are equal: each deputy of regional council of deputies, the participant of meeting of the supreme body of the subject of civil society has equal number of votes.";
in word part two "level has one voice" shall be replaced with words "territorial level (further - local council of deputies of basic level) has equal number of votes".
6. In part two of Article 11 of the word of "the legislation of the Republic of Belarus" shall be replaced with words "legislations, resolutions of the Central commission".
7. Add the Code with Article 11-1 of the following content:
"Article 11-1. Ensuring elections of delegates of Vsebelorussky people's assembly
Elections of delegates of Vsebelorussky people's assembly of local councils of deputies are provided by presidiums of regional councils of deputies, and also the Central commission.
Elections of delegates of Vsebelorussky people's assembly of civil society are provided by governing bodies of subjects of civil society, and also the Central commission.".
8. State Article 13 in the following edition:
"Article 13. Publicity by preparation and elections, referendum, response of the deputy of the House of Representatives, the member of council of the Republic, the deputy of local council of deputies
Preparation and elections of the President of the Republic of Belarus, delegates of Vsebelorussky people's assembly, deputies of the House of Representatives, members of council of the Republic, deputies of local councils of deputies, referendum, response of the deputy of the House of Representatives, the member of council of the Republic, the deputy of local council of deputies are performed openly and publicly.
Informing voters, participants of referendum on the course of preparation and elections, referendum, response of the deputy, member of council of the Republic is performed by the relevant commissions, local representative, executive and administrative organs, mass media, the organizations and citizens according to this Code.
Content of the information materials placed in mass media, on the official sites of the Central commission, local executive and administrative organs on the global computer Internet or extended by different way, shall be objective, reliable, shall not break equalities of candidates.
The central commission, the relevant territorial, district electoral commission in case of elections of the President of the Republic of Belarus, deputies makes general posters with bio data of the candidates for president of the Republic of Belarus and also standing in one constituency of candidates for placement on sites for vote and in other places established for this purpose. The relevant commission makes information materials about candidates for president of the Republic of Belarus, in deputies for the direction them to voters. The amount of the data placed in the specified materials concerning each candidate shall be approximately identical. Expenses on production of general posters with bio data of candidates and information materials about candidates are performed at the expense of the funds allocated from the republican budget for preparation and elections.
In case of elections of the President of the Republic of Belarus, deputies, referendum, response of the deputy have the right to be present observers - the representatives of political parties, other public associations, labor collectives, citizens having the voting rights, foreign (international) observers, and also representatives of mass media according to the procedure, established by the Central commission.
Deputies of the House of Representatives, members of council of the Republic, deputies of local councils of deputies have the right to perform observation of preparation and elections, referendum, response of the deputy.
The observer has the right:
be present at meetings of the relevant commissions;
be present when sealing or sealing boxes for vote;
be in ballot day indoors for vote from the moment of sealing or sealing of boxes for vote before the end of summing up the results of vote;
be present at early voting, vote in the location of citizens, carrying out repeated counting of votes of citizens;
watch issue of bulletins, voting process, observance of the voting procedure established by this Code;
address with offers and notes on the organization of vote the chairman of the precinct election commission or his deputy;
obtain information on count results of voices and creation of protocols of the relevant commissions on election results, referendum, vote about response of the deputy;
get acquainted with protocols of precinct election commissions on results of vote and protocols of the relevant commissions on election results, referendum, vote about response of the deputy, signed and sent to the higher commission according to this Code;
make the copy of the protocol of the precinct election commission on results of vote by own efforts and means;
send appeals to the relevant or higher commission or to the prosecutor about elimination of violation of this Code and other acts of the legislation on elections, referendum, response of the deputy not later than for the third day after elections, referendum, vote about response of the deputy.
The observer has no right:
be engaged in propaganda in any its form;
render to candidates for president of the Republic of Belarus, in deputies any information, methodical, financial or other aid;
create obstacles in carrying out vote;
take actions breaking the mystery of vote;
conduct polls of the citizens who arrived for vote and voted;
fill in for the citizen at its request the bulletin;
create obstacles for normal work of the commissions and carrying out vote;
be at tables of issue of bulletins, at cabins and boxes for vote;
interfere with work of the commissions.
In case of elections of the President of the Republic of Belarus, deputies, referendum observers no later than the day preceding day of the beginning of early voting, and when carrying out response of the deputy - no later than the day preceding ballot day about response of the deputy will be accredited under the relevant commissions. Observers will be accredited in case of presentation of the document on the direction by the observer from political party, other public association, labor collective, citizens determined by the Central commission and passports of the citizen of the Republic of Belarus (the ID card of the citizen of the Republic of Belarus). The prior notice of the direction of the observer is not required.
The term of office of the observer begins from the date of its accreditation and comes to an end in day of establishment by the relevant commission of count results of voices, results or results of elections, referendum, response of the deputy.
The commission, in case of which the accredited observer having the right to deprive of him accreditation in case of violation by him of the legislation on elections, referendum, response of the deputy.
The commissions inform observers, foreign (international) observers on date, time and the venue of the meetings.
Foreign (international) observers from foreign states and the international organizations are invited to the Republic of Belarus by the President of the Republic of Belarus, Vsebelorussky people's assembly, the House of Representatives, Council of the Republic, Council of Ministers of the Republic of Belarus, the Ministry of Foreign Affairs, the Central commission.
Foreign (international) observers will be accredited by the Central commission. The term of office of the foreign (international) observer begins from the date of its accreditation and comes to an end in day of establishment of results of elections, referendum, response of the deputy.
Foreign (international) observers perform observation according to the procedure, provided by part seven of this Article. Foreign (international) observers have the right to meet also candidates, authorized representatives of candidates, and after the ballot day to state the opinion on the legislation of the Republic of Belarus on elections, referendum, response of the deputy, to hold press conferences and to address to mass media.
Foreign (international) observers have no right to use the status for implementation of the activities which are not connected with observation of preparation and elections, referendum, response of the deputy.
The central commission has the right to deprive of accreditation of the foreign (international) observer in case of violation of the legislation of the Republic of Belarus by him or the conventional principles and rules of international law.
Mass media light preparation and elections, referendum, response of the deputy, the member of council of the Republic according to the legislation. Representatives of mass media have the right to be present at meetings of the commissions, at rooms for vote, at meetings of regional councils of deputies and meetings of the supreme bodies of subjects of civil society at elections of delegates of Vsebelorussky people's assembly, at meetings of deputies of local councils of deputies of basic level of area, deputies of the Minsk city council of deputies at elections of members of council of the Republic, and also on response of the member of council of the Republic.
Candidates for president of the Republic of Belarus have the right to be present at the site for vote at counting of votes. Candidates have the right to be present at counting of votes at the site for vote located in the territory of the constituency on which they stand.
Persons interfering in the election day, referendum, vote about response of the deputy to work of the commissions according to the order of chairmen of the relevant commissions leave from rooms for vote.".
9. Add the Code with Article 13-1 of the following content:
"Article 13-1. Calculation of terms
The terms by preparation and elections, referendum, response of the deputy, the member of council of the Republic determined by this Code are estimated in calendar days. Transfer of the last day of the term falling on non-working day is not performed.
Terms are estimated from the date of approach of calendar date or event which determine their beginning if other is not established by this Code.
If any action shall (can) be performed from the date of approach of any event, (can) be performed in the first afternoon in which this action shall, calendar date of approach of the corresponding event, but not earlier than time of approach of this event is.
If any action shall (can) be performed after day of approach of any event, (can) be performed in the first afternoon in which this action shall, the day following after calendar date of approach of this event is.
If any action shall (can) be performed not later than certain number of days or for certain number of days about day of approach of any event, last afternoon or (can) be performed in the afternoon when this action, day after which there is number of days specified in this Code about day of approach of the corresponding event is.
If any action shall (can) be performed not earlier than before certain number of days about day of approach of any event, that this action shall (can) be performed during the number of days specified in this Code. At the same time it (can) be performed last afternoon when this action, the day preceding calendar date of approach of this event is.
If any action shall (can) be performed not earlier than through certain number of days from the date of (after day) approaches of any event, it (can) be performed in the first afternoon when this action, the day following after the expiration of the number of days specified in this Code from the date of (after day) approaches of the corresponding event is.
If any action shall (can) be performed not later than through certain number of days after day of approach of any event, this action shall (can) be performed during the number of days specified in this Code. At the same time the day following after calendar date of approach of this event, and the last - day in which the specified number of days expires is considered in the first afternoon.
If any action shall (can) be performed not later than through certain number of days from the date of approach of any event, this action shall (can) be performed during the number of days specified in this Code. At the same time calendar date of approach of this event, and the last - day in which the specified number of days expires is considered in the first afternoon.".
10. State Articles 15 and 16 in the following edition:
"Article 15. Constituencies at elections of deputies of the House of Representatives, deputies of local councils of deputies
For elections of deputies of the House of Representatives in the territory of the Republic of Belarus 110 constituencies is formed.
For elections of deputies of local councils of deputies constituencies are formed:
at elections to regional council of deputies - from 40 to 60 constituencies;
at elections to the Minsk city council of deputies - from 40 to 60 constituencies;
at elections to regional council of deputies - from 25 to 40 constituencies;
at elections to city council of deputies (the city of regional subordination) - from 25 to 40 constituencies;
at elections to city council of deputies (the city of district subordination) - from 15 to 25 constituencies;
at elections to settlement, village council of deputies - from 5 to 11 constituencies.
The average number of voters on the constituency at elections of deputies of the House of Representatives across the Republic of Belarus is established by the Central commission no later than September 1 of the year preceding year of elections of deputies to single ballot day.
Within the regulations specified in parts two of this Article, number of the constituencies which are subject to education at elections to local council of deputies, and the average number of voters on the constituency are established by the relevant local council of deputies no later than September 1 of the year preceding year of elections of deputies to single ballot day.
The number of voters in the constituency is determined proceeding from number of the citizens having the voting rights, living in the territory entering the constituency when carrying out the last elections or referendum.
Constituencies are formed with approximately equal number of voters: the variation of number of voters in the constituency at elections of deputies of the House of Representatives from the average number of the voters falling on the constituency across the Republic of Belarus, and in the constituency at elections of deputies of the relevant local council of deputies - from the average number of the voters falling on the constituency at elections to the given local advice of deputies, as a rule, cannot exceed 10 percent. In case of formation of constituencies at elections of deputies of regional, Minsk city council of deputies the variation of number of voters from the average number of voters in the constituency over 10 percent, but no more than 20 percent is allowed.
The constituency constitutes the single territory: formation of the constituency from the territories which are not adjoining among themselves, except for the territories, being under one administrative supervision is not allowed.
Borders of constituencies at elections to regional, Minsk city council of deputies shall not cross borders of constituencies at elections to the House of Representatives.
Lists of constituencies with indication of their names, numbers, borders, numbers of voters and the locations of the electoral commissions in seven-day time from the date of formation of these constituencies are published in printing mass media, and also posted on the official sites according to the Central commission, local executive and administrative organs on the global computer Internet: at elections of deputies of the House of Representatives - the Central commission, at elections of deputies of local councils of deputies - local executive and administrative organs.
In case of dissolution of the House of Representatives, local council of deputies elections of deputies of the House of Representatives, deputies of local council of deputies are carried out on the constituencies formed in case of elections of deputies of the House of Representatives, deputies of local council of deputies of former convocation.
One deputy is elected from each constituency.
Article 16. Procedure for formation of constituencies at elections of deputies of the House of Representatives, deputies of local councils of deputies
Constituencies at elections of deputies of the House of Representatives are formed by the Central commission on representation regional and Minsk city executive committees no later than October 1 of the year preceding year of elections of deputies to single ballot day.
Constituencies at elections to local councils of deputies are formed no later than November 1 of the year preceding year of elections of deputies to single ballot day:
in regional, Minsk city, district, city (the cities of regional subordination) Councils of deputies - presidiums of the relevant local councils of deputies and executive committees;
in city (the cities of district subordination), settlement and village councils of deputies - the relevant executive committees.".
11. State Article 17 in the following edition:
"Article 17. Sites for vote
For carrying out vote and counting of votes on election of the president of the Republic of Belarus, deputies of the House of Representatives, deputies of local councils of deputies, on referendum, response of the deputy sites for vote with number no more than 3000 voters, participants of referendum are formed.
Sites for vote can be formed in military units, places of temporary finding of voters, participants of referendum (in hospitals, sanatoria, rest houses and other places of temporary stay).".
12. In Article 18:
the second to exclude part;
the third and fourth to state parts in the following edition:
"Sites for vote are formed not later than 45 days before elections and not later than 30 days prior to referendum, in 30 days prior to ballot day about response of the deputy.
In case of elections of deputies to single ballot day sites for vote are general at elections of deputies of the House of Representatives and elections of deputies of local councils of deputies.";
in part six:
the words "ten-day term" shall be replaced with words "the seven-day term from the date of decision making";
after words of "the site for vote" to add part with the words "or the list of settlements, streets, the houses entering site borders for vote".
13. In Article 19:
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