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Article 42
 

Observers’ Rights and Duties .



International and domestic observers shall have the same rights and undertake the same duties.





Observers, including international observers shall have the following rights, along with those indicated in Articles 40.12 and 40.13 of this Code:



42.2.1 to become familiar with voters lists;

42.2.2. to be present in the voting room of the relevant election precinct at any time;

42.2.3. to observe the issuance of ballot papers and envelopes for ballot papers to voters;

42.2.4. to observe voting outside of voting stations;

42.2.5. to observe number of voters, count of ballot papers and cancelled ballot papers;



to require the observation results to be included into the protocol of the election commission;



 to look through the envelopes for ballot papers, marked and unmarked ballot papers, in order to check the vote’s validity, during the vote count in a condition ensuring observation of vote count and from certain distance; to become familiar with the election commission’s protocol on voting results and election (referendum) returns and with other documents;



 to apply to the chairperson of the Precinct Election Commission regarding suggestions and comments about organization of voting, if he/she is not available, to a person who assumes the chairperson’s powers;



Starting from the commencement of election commission’s activity on the voting day and the ballot boxes are sealed and till the reception of protocols on voting results by election commissions, to make or obtain 1 verified copy free of charge and then photocopy and obtain other copies of documents of election commissions, as well as protocols on voting results and election (referendum) returns, documents and attached documents prepared by election commissions after the fee defined by the Central Election Commission is paid (the election commission should verify copies of the above mentioned documents at the request of an observer); to become familiar with the list of participated voters.



to observe during the recount of votes in the relevant election commissions.



to observe transfer of election documents to the Constituency Election Commission and the Central Election Commission.



42.3     The observer shall be prohibited:

42.3.1.            to issue ballot papers and envelopes for ballot papers to voters;

42.3.2.            to ask voter on how he/she will or did vote;

42.3.3.            to sign a receipt of a ballot paper on behalf of a voter who requests it;

42.3.4.            to mark a ballot paper on behalf of a voter who requests it;

42.3.5.            to participate directly in the counting of ballot papers together with the commission members with decisive voting right;

42.3.6.            to obstruct the work of an election commission;

42.3.7.            to conduct election campaign among the voters;

42.3.8.            make actions or calls directed to supporting any candidate or political party or issue put on for referendum, or make actions or calls that can be understood as support of candidate or political party;



to intervene in making decisions by the relevant election commissions;



to respond to questions of voters (except for questions concerning his/her status).



42.4     registration of the observer who does not comply with the requirements specified in Article 42.3 of this Code can be cancelled by a relevant court upon application of the election commission that has registered him/her.

42.5     In case the observers submit their opinion on observation results to the Chairperson of the Central, Constituency or Precinct Election Commission, the opinion shall be enclosed to the protocol on either voting results or election outcomes