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Article 39
 

Status of members of election commissions


1. Member of election commission shall act in the election commission independently and shall not represent the person having appointed him or her.


2. Members of election commissions shall be exempt from drills or military trainings. During the period of elections of the National Assembly, members of election commissions shall be subject to draft for compulsory military service after the end of the election. Members of the CEC shall also be exempt from mobilisation.


3. Criminal prosecution may be initiated against a member of the CEC only upon the consent of the CEC. Without the consent of the CEC, member of commission may not be deprived of liberty, except where he or she has been caught at the time of or immediately after committing a criminal offence. The CEC shall adopt a decision on the mentioned issue by majority of votes of the total number of members of the commission.


4. Member of the CEC shall work on a permanent basis. He or she may not act as member of any political party or otherwise engage in political activities, hold a position not related to his or her status in state or local self-government bodies or any position in commercial organisations, engage in entrepreneurial activities, perform other paid work except for scientific, educational and creative activities. In public speeches, they must show political restraint.


5. Member of TEC may not act as a member of any political party, nor engage in political activities during his or her term of office. In public speeches, they must show political restraint.


6. Members of election commission shall have the right to get familiar in advance with issues and documents submitted to the commission for consideration, make speeches at the commission sessions, submit recommendations and require holding a voting on that issue, ask questions to participants of the session and receive answers.


7. Members of election commission shall be obliged to perform tasks assigned by the chairperson of the commission within the scope of his or her competence.


8. Members of higher level election commission — upon the assignment or the consent of the chairperson of that commission — shall be obliged to or may respectively participate in sessions of a lower election commission, in an advisory capacity, and be present in the polling room on the Election Day.


9. Members of TECs and PECs may, on their own initiative, be exempt from performing their official (work) responsibilities for the purpose of exercising their powers.


10. Member of election commission shall be obliged to participate in the activities of the commission and perform his or her powers, as well as participate in professional courses being organised for members of election commission, and this shall not be deemed an invalid absence from his or her work.


11. PEC member shall, at the 1st session of the commission, sign the text of the rights and responsibilities of the PEC member.