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Article 49
 

Persons who hinder a free exercise by a citizen of the Republic of Belarus of the right to elect and to be elected, to take part in referendum or voting on the recall of a deputy, produce calls encouraging or having the aim to disrupt or cancel, or postpone the elections, referendum, call for the refusal to exercise electoral actions, impede the work of the commissions on the elections of the President of the Republic of Belarus, the electoral commissions, commissions on referendum, on voting on the recall of a deputy, or those who carry agitation on the day of elections, referendum or voting on the recall of a deputy as well as members of the commissions, officials of state bodies and public associations and other persons who have committed forgery of documents on elections, referendum, recall of a deputy, a knowingly incorrect count of votes or another distortion of the results of the vote, violated the secrecy of ballot, failed to submit to the commissions the required documents or failed to fulfill their decisions or committed an illegal use of monetary funds and material funds during the preparation and the holding of elections, referendum or recall of a deputy or committed other violations of the requirements of this Code and other acts of legislation of the Republic of Belarus on elections, referendum or recall of the deputy bear liability established by the legislative acts of the Republic of Belarus.


In case of spread of false data on a candidate the Central Commission or the respective territorial or circuit commission is entitled, through a written appellation of the candidate, to take decision on providing him an opportunity to disprove false data publicly.


When a person nominated as a candidate for the President of the Republic of Belarus, for deputies or a candidate for the President of the Republic of Belarus, his authorized person or an initiative group of citizens for collecting signatures to support a person proposed to be nominated as a candidate and holding of propaganda for his election violates the requirements of this Code or other legislation acts of the Republic of Belarus on elections, the person nominated as a candidate, the candidate or the initiative group shall be warned by the Central Commission, and in case of repeated violation of the requirements of this Code or other acts of legislation of the Republic of Belarus on elections, the Central Commission can reject the registration or revoke its decision on registration of the candidate.


Refusal to register a candidate for the President of the Republic of Belarus, for deputies and cancellation of the decision on the registration of the candidate because of violation of requirements of this Code are carried out in cases and in the order, provided by Articles 681 and 701 of this Code.


A decision of the Central Commission on issuance of warning to the person being nominated as the candidate for the President of the Republic of Belarus, for deputies, or initiative group or a candidate for President of the Republic of Belarus, for deputies may be appealed by the person being nominated as the candidate for the President of the Republic of Belarus, for deputies, a candidate for the President of the Republic of Belarus, for deputies to the Supreme Court of the Republic of Belarus within three days from the date of the decision-making. The Supreme Court of the Republic of Belarus considers the complaint within a three-day period and its decision is final.


A decision of the circuit electoral commission on issuance of warning to the person being nominated as a candidate for deputy of the House of Representatives, or the initiative group or a candidate for deputy of the House of Representatives may be appealed by the person being nominated as a candidate for deputy, a candidate for deputy to the respective regional and Minsk city territorial electoral commission within three days after the decision-making, and the decision of the regional and Minsk city territorial electoral commission within the same period may be appealed to the regional and Minsk city court.The court considers the complaint in a three-day term and its decision thereupon is final.


A decision of the circuit, territorial electoral commission on issuance of warning to the person being nominated as a candidate for deputy of local Council of Deputies, or initiative group or a candidate for deputy may be appealed by the person being nominated as a candidate, by a candidate for deputy in the higher territorial electoral commission within three days from the day of its taking, and the decisions of higher territorial electoral commission within the same period may be appealed, respectively, to the regional, Minsk city, district court.The court considers the complaint in a three-day term and its decision thereupon is final.


In the case of issuance of warning to a person being nominated as a candidate for deputy or initiative group or a candidate for deputy by the regional and Minsk city territorial electoral commission, the decision thereabout may be appealed by the person being nominated as a candidate for deputy, a candidate for deputy to the Central Commission within a three-day term from the day of its taking.A decision of the Central Committee is appealed in the order and within the term established in part five of this Article.