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Election-related Legal Opinions and Comments
Legal books line the shelves of ODIHR's Elections Department. (OSCE/Agnieszka Rembowska) Photo details
OSCE/ODIHR Review of Drfat Amendments to the Election Code of the Kyrgyz Republic
The draft amendments, prepared by the Central Election Commission (CEC), include a number of positive changes, many of which are in line with OSCE/ODIHR recommendations prepared after the 2000 parliamentary and presidential elections in the Kyrgyz Republic. However, a number of problematic aspects of the Code have not been adequately addressed.
Review of the Legal Framework for Media Coverage of Elections in the Republic of Kazakhstan
This analysis provides comments on the extent to which the legal framework for media coverage of elections in Kazakhstan is in accordance with international law, standards and commitments. It also provides overview comments on the general issue of media independence. These comments are based on English translations of the following laws and regulations: • The Constitution of the Republic of Kazakhstan of 30 August 1995 (including 1998 amendments); • The Law of the Republic of Kazakhstan “On Elections in the Republic Of Kazakhstan”, No. 407-I of 28 June1999 (Election Law); • The Rules of Execution of Election Campaign and Provision of Broadcasting Time in Radio and Television Programmes, and on Publication of Propaganda Preelection Material in Periodical Press Publications of the State Mass Media to the Nominees to the Parliament and Maslikhats of the Republic of Kazakhstan of August 1999 (Election Media Rules); • The Law of the Republic of Kazakhstan “On Mass Media”, No. 451-I of 23 July 1999 (and 2001 amendments) (Mass Media Law); and • The Law of the Republic of Kazakhstan “On Administrative Procedures”, No. 107- II of 27 November 2000.
Review of the Presidential Decree for Pilot Local Elections in the Republic of Kazakhstan
This assessment reviews and comments on “Decree Number 633 of the President of the Republic of Kazakhstan On Elections of Akims of Aul (Rural) Districts, Auls (Villages), and Villages”. This assessment is based on an unofficial English
translation. This review has taken into consideration the “Law on Elections in the Republic of Kazakhstan”, as Articles 10, 55, and 63 of Presidential Decree Number 633 apply certain provisions of the Law on Elections. However, this assessment is not an assessment of the Law on Elections. This assessment considers the Law on Elections only to the extent that Presidential Decree Number 633 incorporates the Law on Elections.
Assessment of the Referendum Law in the Republic of Montenegro (FYR)
This assessment reviews and comments on the Law on Referendum, dated 19 February 2001, for conducting referendums in the Republic of Montenegro/Federal Republic of Yugoslavia. This assessment is based on unofficial English translations
of the following: (1) the Referendum Law, consisting of forty-four (44) articles, (2) Law on the Election of Councillors and Representatives of the Republic of Montenegro (2000),2 (3) Law on Registers of Electors of the Republic of Montenegro
(2000),3 (4) Citizenship Law of the Republic of Montenegro (1999),4 (5) Constitution of the Republic of Montenegro (1992), (6) Constitution of the Federal Republic of Yugoslavia (1992), and (7) Citizenship Law of the Federal Republic of Yugoslavia
(published in the Official Gazette of the Federal Republic of Yugoslavia, No. 33/96). This assessment reviews and comments on the text of the Referendum Law only, and should not be construed as an endorsement or recommendation for a referendum in the Republic of Montenegro; nor should this assessment be construed as an endorsement or approval of any question that may be subsequently decided by a referendum.
Roundtable on Elections, Review of the Consolidated Table of Political Party Proposals in Kazakhstan in the Republic of Kazakhstan
This report compiles some of the proposals (over 100) put forth by the political parties for amending the election legislation of Kazakhstan. The document is based on the tabulation of all proposals carried out by the Central Election Commission (CEC). The compilation is neither exhaustive nor comprehensive since it does not include all proposals consolidated in the CEC table. Rather, the focus is on areas that enjoy a broad support among political parties. The aim is to review some issues identified by the parties as areas of concern in the current legislation. The format of the document deviates from the CEC table. However, articles of the election law to which amendments are proposed are indicated as well as the name of the party behind the proposals. In addition, the complete proposal in Russian is preceded by a short English summary of each party proposal presented in this report. This compilation does not replace and should be read in conjunction with the full length report prepared by the CEC on proposals presented by political parties and previous OSCE/ODIHR reports on elections.
Review of the Election Legislation for Election Disputes, Appeals and Penalties in the Republic of Kazakhstan
This report reviews key issues on the resolution of election disputes, appeals against election decisions and election offences and administrative violations under the law of Kazakhstan. It draws extensively on a detailed assessment prepared by Denis Petit, Legal Expert. The report also draws on other OSCE/ODIHR election reports on Kazakhstan, in particular the Review of the Legal Framework for the Parliamentary Elections (29 June 1999), supplemented by recommendations contained in the Needs Assessment Mission Report (25 August 1999), the Final Report on the October 1999 Parliamentary Elections (20 January 2000) and the Review of the Election Legislation for Parliamentary Elections (18 January 2001). The legal framework for the conduct of elections is provided by the Constitution, the Constitutional Law of 28 June 1999 on Elections in the Republic of Kazakhstan, provisions on election offences and violations contained in the Criminal Code and the new Administrative
Violations Code, regulations adopted by the Central Electoral Commission (CEC) and other acts. The principal source of election rules is the 1999 Law and chapter 11 of the new Administrative Violations Code.
Assessment of the Laws on Parliamentary and Presidential Elections in the Republic of Serbia (FYR)
This report provides an assessment of two laws of the Republic of Serbia, the Law on Elections of Members of Parliament and the Law on Elections of the President of the Republic. The parliamentary election law was adopted in October 2000. The presidential law dates from 1990. Under the Constitution of Serbia, the National Assembly is a unicameral body and consists of 250 members directly elected by secret ballot for a term of four years. The president is elected directly by secret ballot for a term of five years. Most of the key issues relating to the election and recall of the president are regulated by reference to the parliamentary election law. The report therefore focuses on the content of that law.
Assessment of the Draft Referendum Law for Conducting Referendum Elections in the Republic of Montenegro (FYR)
This assessment reviews and comments on the draft referendum law for conducting referendum elections in the Republic of Montenegro.1 This assessment is based on unofficial English translations of the following: (1) the draft law, consisting of forty (40) articles, (2) the current Referendum Law of the Republic of Montenegro (published in the Official Gazette of the Republic of Montenegro, No. 3/92 and as amended and published in the Official Gazette of the Republic of Montenegro, No. 7/92)2, (3) the Law on the Election of Councillors and Representatives of the Republic of Montenegro20003, (4) the Law on Registers of Electors of the Republic of Montenegro,4 (5) the Citizenship Law of the Republic of Montenegro5 1999, (6) Constitution of the Republic of Montenegro 1992, (7) Constitution of the Federal Republic of Yugoslavia 1992, and (8) Citizenship Law of the Federal Republic of Yugoslavia (published in the Official Gazette of the Federal Republic of Yugoslavia, No. 33/96). This assessment reviews and comments on the text of the draft law only, and should not be construed as an endorsement or recommendation for or against a referendum election in the Republic of Montenegro. Nor should this assessment be construed as a substantive approval or disapproval of any question that may be subsequently decided by a referendum election.