Skip navigation

0Meta Navigation

× Close search

Navigation

Home Resources Election-related Legal Opinions and Comments
Resources

Election-related Legal Opinions and Comments

Legal books line the shelves of ODIHR's Elections Department. (OSCE/Agnieszka Rembowska) Photo details
  • Review of Amendments to the Election Code of the Kyrgyz Republic, adopted on 11 October 2001
    The OSCE/ODIHR underscores from the outset that, despite weaknesses in the Election Code of the Kyrgyz Republic, with political will the Code could have provided for reasonably acceptable elections. However, during the 2000 parliamentary and presidential elections, the OSCE/ODIHR concluded that such political will was absent. Thus, the extent to which any new amendments to the Code can have a positive impact will ultimately be determined by the intent of those implementing the Code, those organizing the elections, and those in charge of the various State institutions.
    Report
    15 February 2002
    View Now
  • OSCE/ODIHR Review of the Law on the Election of People's Deputies in Ukraine
    This document provides an analysis of the Law on Elections of People’s Deputies of Ukraine adopted by the Ukrainian Parliament (Verkhovna Rada) on 18 October 2001 and signed by President Kuchma on 30 October. On 30 October, the President issued Decree No. 1022/2001 “On Securing Implementation of Citizens’ Rights, Principles of Democratic Society, Openness and Transparency of the 2002 Election Process”. The Decree contains a series of instructions to the central executive bodies and local state administrations. This Decree, when properly implemented, will increase the transparency of the elections. Though part of the legislation under which the elections will be conducted, this report does not review the presidential Decree. The present analysis is based on an English-language translation whose accuracy has not been verified. Therefore, some of the comments in the report may flow from problems in the translation rather than the original text.
    Report
    26 November 2001
    View Now
  • Former Yugoslav Republic of Macedonia: Comments on the Draft Law on the Election of Members of Parliament
    This assessment reviews and comments on the “Draft for Passing a Law on Election of Members of Parliament in the Assembly of the Republic of Macedonia”, which was submitted to the Assembly of the Former Yugoslav Republic of Macedonia (FYROM) by the government on 12 September 2001. The assessment is based on a reading and analysis of mainly unofficial English translations of the following: (1) Draft Parliamentary Election Law, (2) Constitution of the Republic of Macedonia (1991), (3) the Law on Election of Members of Parliament (1996, amended in 1998), (4) the Law for the Election of the President (1994, amended in 1999), (5) the Law on Local Elections (1996), (6) the Law on Voters Lists and Voter Identification Cards (1996, amended in 1998) and other laws.
    Report
    20 November 2001
    View Now
  • Comments on the Draft "Referendum Law on the State Status of the Republic of Montenegro"
    The Office for Democratic Institutions and Human Rights (ODIHR) of the Organisation for Security and Co-operation in Europe (OSCE) has been requested by the Speaker of the Parliament to review and provide comments on the draft "Referendum Law on the State Status of the Republic of Montenegro" of 10 October 2001. The law is a lex specialis including 17 clauses, and is additional to the Referendum Law adopted on 19 February 2001, which was reviewed in detail by ODIHR in the Assessment published on 6 July 2001 (annexed herewith). Article 16 of the Draft Referendum Law on the State Status of the Republic of Montenegro specifically incorporates the provisions of the "Referendum Law (Official Gazette number 9/2001)" to apply "to the issues which are not regulated by this Law." This review should accordingly be read in conjunction with the Assessment of 6 July.
    Report
    5 November 2001
    View Now
  • OSCE/ODIHR Comments on the Draft Convention on Standards of Elections, Voting Rights and Freedoms, Proposed by the Russian Federation's Central Electoral Commission
    This report provides a brief assessment of a draft Convention on Elections and Electoral Rights and Freedoms dated 31 July 2001. The text is proposed for adoption by the member States of the Council of Europe. It was drafted by a team of election specialists led by Prof. V. I. Lysenko of the Institute of State and Law, Russian Academy of Sciences, on behalf of the Central Electoral Commission of the Russian Federation. According to Prof. Lysenko’s explanatory note, the aims of the Convention would be, inter alia, to bring together, in a binding international act, the accumulated experience of the Council of Europe in the legal regulation and the conduct of free and democratic elections. It would also concretise the electoral standards flowing from Article 3 of the First Protocol to the European Convention on Human Rights.
    Report
    19 October 2001
    View Now
  • 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.
    Report
    24 September 2001
    View Now
  • 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.
    Report
    15 September 2001
    View Now
  • 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.
    Report
    15 September 2001
    View Now