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Article 95
 

Summarisation of the results of elections of the National Assembly


1. The CEC shall, in the manner and within the deadline prescribed by Article 75 of this Code, summarise the election results and adopt any of the following decisions:


(1) on the National Assembly being elected and distribution of mandates;
(2) on preliminary distribution of mandates of Deputies of the National Assembly;
(3) on calling a repeat voting in separate electoral precincts;
(4) on declaring the elections of the National Assembly invalid and calling repeat voting for elections;
(5) on declaring the repeat voting for elections of the National Assembly invalid. In that case the President of the Republic shall call a new regular election of the National Assembly.


2. The CEC shall adopt the decisions provided for in points 3, 4 and 5 of part 1 of this Article in cases provided for in Article 101.


3. Where the CEC has not adopted any of the decisions provided for in points 3, 4 and 5 of part 1 of this Article:


(1) a decision on the National Assembly being elected and distribution of mandates shall be adopted where as a result of the election one of the political parties (alliance of political parties) running in the elections has received — as a result of due application of parts 4-9 of this Article —the majority of the total number of mandates distributed under parts 4-9 of this Article;

(2) a decision on preliminary distribution of mandates of Deputies of the National Assembly shall be adopted where — as a result of due application of parts 4-9 of this Article — none of the political parties (alliance of political parties) running in the elections has received the majority of the total number of mandates distributed under parts 4-9 of this Article. In case of distribution of additional mandates to some political parties (alliances of political parties) in accordance with Articles 96-98 of this Code, other political parties (alliances of political parties) shall preserve the mandates available for them as a result of the preliminary distribution.


4. Mandates of the National Assembly shall be distributed among the candidate lists of those political parties (alliances of political parties) which have received 5 per cent, in case of a political party, and 7 per cent, in case of an alliance of political parties, of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracy. Where less than 3 political parties (alliances of political parties) have received at least 5 (7) per cent of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracy, 3 political parties and alliances of political parties having received the maximum number of ballot papers with affirmative vote shall participate in the distribution of mandates.


5. Mandates of the National Assembly shall be distributed among political parties (alliances of political parties) in proportion with the number of ballot papers with affirmative vote cast in favour of every of them. The calculation of the number of mandates available for every political party (alliance of political parties) shall be carried out as follows: the number of ballot papers with affirmative vote cast in favour of every political party (alliance of political parties) shall be multiplied by 101, the product shall be divided by the total number of ballot papers with affirmative vote cast in favour of political parties (alliance of political parties) having passed the threshold, and integer numbers shall be parted, which shall be the numbers of mandates available for every political party (alliance of political parties).


6. The mandates remaining from 101 mandates shall be distributed among political parties (alliances of political parties) by the sequence of value of remainders, by the principle of one mandate to each. In case the values of remainders are equal, the contested mandate shall be given to the political party (alliance of political parties) with the highest number of ballot papers with affirmative vote cast in favour, and in the event of a tie, the mandate shall be given by drawing of lots.


7. Where the number of mandates received by a political party (alliance of political parties) is even, mandates equal to 50 per cent of the number of mandates shall be given to candidates in the national candidate list of a political party (alliance of political parties). Where the number of mandates received by a political party (alliance of political parties) is odd, mandates equal to the integer part of 50 per cent of the number of mandates shall be distributed among the electoral districts. The remaining part of the mandates received by a political party (alliance of political parties) shall be given to candidates in the national candidate list of the political party (alliance of political parties).


8. The number of mandates available for every electoral district shall be determined by the coefficient received for every electoral district, which is calculated by the following formula:


        Fd
Cd = --------
        Md + 1


where:


Cd — coefficient of the electoral district;
Fd — the number of ballot papers with affirmative vote cast in favour of the political party (alliance of political parties) in the given electoral district;
Md — the total number of mandates already received by that electoral district, in calculating the coefficient of the electoral district for the next mandate.
The district having the highest coefficient at the beginning of calculation of coefficients shall receive one mandate. The next vacant mandate shall be received by the district having a relatively higher coefficient as compared to other districts. Calculation of coefficients shall be repeated until all mandates are distributed. In case of equal highest coefficients, the mandate shall be distributed by drawing of lots.


9. Four mandates of Deputies shall be distributed among national minority representatives by the principle of 1 mandate to every of the first 4 national minorities with the largest number of resident population according to the data of the latest census preceding the elections. To this end, mandates shall be distributed among the political parties (alliances of political parties) having passed the threshold, by the coefficient received for every mandate, which shall be calculated by the following formula:



       Fm
Cp= ---------
        Mm + 1



where:

Cp — coefficient of a political party (alliance of political parties);
Fm — the number of mandates received from the first part of the list of the political party (alliance of political parties);
Mm — the total number of mandates already received by the political party (alliance of political parties) out of the 4 mandates for national minority representatives, in calculating the coefficient of the political party (alliance of political parties) for the next mandate.
Mandates of national minority representatives shall be distributed among political parties (alliances of political parties) by the sequence of reduction of coefficients. In case of equal coefficients, the mandate shall be distributed by drawing of lots.
When distributing mandates of national minority representatives a political party (alliance of political parties) shall provide the mandate to the national minority under the smallest record number in its list not yet having a mandate. Where there is not any in the second part of the candidate list of the political party (alliance of political parties), the turn for the distribution shall be passed on to the political party (alliance of political parties) having the next coefficient by value.
Where in the course of such a process it is impossible to distribute mandates of national minority representatives any more, the respective mandate shall remain vacant.