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Article 42
 

42.1. international and domestic observers shall have the same rights and undertake the same duties.


42.2. Along with the rights indicated in Articles 40.12 and 40.13 of this Code, observers, including international observers, shall have the following rights:


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 they choose on election day;


42.2.3. to observe the issuance (delivery) of ballot papers to voters;


42.2.4. to observe voting outside of polling stations;


42.2.5. to observe the counting of voters, of ballot papers and of cancelled ballot papers;


42.2.6. to demand inclusion of the observation results in the protocol of the election commission;


42.2.7. to watch, in circumstances ensuring observation and from a certain distance, the counting of votes, marked and unmarked ballot papers, in order to check the vote’s validity, and to become familiar with the election commission’s protocol on voting results and election (referendum) returns (overall returns) and other documents;


42.2.8. to address suggestions and comments on the organization of voting to the chairperson of the Precinct Election Commission or, in the chairperson’s absence, the person who assumes the chairperson’s powers;


42.2.9. to become familiar with the voters’ list, and to photocopy or obtain, free of charge, 1 copy of an election commission’s documents, protocols on voting results and election (referendum) returns and/or documents and attachments prepared by the election commissions.
These documents will be made available to observers for the period starting from the moment an election commission commences its activity on Voting Day up to when the ballot boxes are sealed and the protocols on voting results are received by election commissions.
Additional copies of such documents may be made for a fee defined by the Central Election Commission (the election commission should verify copies of the above mentioned documents at the request of an observer).


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


42.2.11. to observe the 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 to voters;


42.3.2. from asking voters on how they voted or will vote;


42.3.3. from signing a receipt of a ballot paper on behalf of a voter heart the voter’s request;


42.3.4. from marking a ballot paper on behalf of a voter heart the voter’s request;


42.3.5. from participating directly in the counting of ballot papers with the commission members with decisive voting rights;


42.3.6. from conducting actions obstructing the work of an election commission;


42.3.7. from carrying out election campaigning directed at voters;


42.3.8. from making actions or calls directed to supporting any of the candidates, political parties or issues of a referendum, or making actions or calls that could be understood as support of a particular candidate or political party;


42.3.9 from intervening in decision making of the relevant election commissions;


42.3.10 from responding to voters’ questions (except for questions concerning the observer’s status).


42.4. the registration of an observer not complying with the requirements specified in Article 42.3 of this Code may be cancelled by a relevant court upon application of the election commission that registered the observer.


42.5. in the case observers submit their opinion on observation results to the Chairperson of the Central, Constituency or Precinct Election Commission, the opinion shall be attached to the protocol on either voting results or election returns.