Download file    
 
 
Article 40
 

1. Decisions, actions and inactivity of the electoral commission, with the exception of the decisions of the Territorial Electoral Commission, on the summarization of the results of voting, can be appealed to a superior electoral commission or court, within two days after the publication of the decision, or the action, or the disclosure of the violation of legislation as a result of the inaction, and with the exception of the decisions of the Precinct Electoral Commission, on the voting results, which can be appealed on the day following the voting, until 14:00, if no other date determined by this Code. The superior electoral commission takes a decision about those appeals until the final results of elections are summarized. If no other procedure is established by this Code, the superior electoral commission and the Court of first instance take decisions within five days. With the exception of the elections of the President of the Republic, Deputies of the National Assembly and refusal to register the lists of the parties, based on the proportional system, the rows on declaring the registration void, the Court of first instance takes final decision. Court of appeals takes a decision on those issues within three days, and the Cassation Court – within two days. The Court’s decisions concerning election disputes shall come into force right after their publication.

2. The appeals received during five days prior to the day of voting are considered and decisions taken promptly. The decisions of the Territorial Electoral Commission on summarization of the results of elections are appealed to the Central Electoral Commission.

3. The decisions, activities and inactivity of the Central Electoral Commission, with the exception of the decisions on the results of elections of the President of the Republic and the National Assembly proportional elections, can be appealed to the Court.

4. The disputes over the election results, with the exception of those over elections of the local self-governing bodies, are resolved by the Constitutional Court.

5. The voting day is a working day for the employees of courts and the prosecutor's office.

(Amend. of March 23, 1999 LA-286; July 31, 2002 LA-406-P)