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Article 49
 

Order and terms of consideration of appeals against violation of legislation of the Republic of Belarus on elections, referendum, recall of a deputy, a member of the Council of the Republic


Appeals against violations of the legislation of the Republic of Belarus on elections, referendum, voting on the recall of a deputy, a member of the Council of the Republic are submitted to commissions, state bodies and other organizations not later than within ten days from the day of elections day, referendum, voting on the recall of a deputy, a member of the Council of the Republic, unless other terms are established by this Code. The appeals submitted after the expiration of the established terms are left without consideration on the merits and the applicants shall be informed about it.


The application is submitted by the citizen or his authorized representative exercising his powers on the basis of a notarized power of attorney or of a power of attorney certified in the order set forth by clause 3 and part one of clause 4 of Article 186 of the Civil Code of the Republic of Belarus.


Appeals mentioned in part one of this Article submitted to the commissions, state bodies and other organizations are considered within three days from the day of their submission, appeals related to the exercise of the right to vote, to take part in referendum, submitted on the elections day, day of referendum, voting on the recall of a deputy, a member of the Council of the Republic – immediately. Appeals that contain the data requiring check are considered not later than within ten days from the day of their submission.


The applicant is entitled to familiarize himself with the materials related to consideration of his appeal.


Appeals against decisions of commissions are considered at sittings of the commissions.The applicant shall be informed about the date, time and location of the sitting and is entitled to be present when his appeal is being considered.


Commissions after having considered an appeal takes one of the following decisions:


to revoke the appealed decision completely or in part and take the decision on merits;


to dismiss the complaint;


to leave the complaint without consideration if the applicant has not followed the order and terms of submitting the complaint determined by this Code.


A superior commission is entitled, when required, to consider an appeal against the issue related to the competence of a lower commission.