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Article 138
 

Adoption of the decision on calling of voting on the recall of a deputy


The Central Commission, the respective territorial electoral commission is entitled, within 15 days after the date of receipt of necessary documents (protocols and signature lists), to make a selective or complete inspection of observance of the requirements of Section VIII of this Code when the issue of recalling a deputy was initiated.


Upon establishing that the gathering of the necessary number of signatures of voters and all other measures have been undertaken in accordance with the requirements of Section VIII of this Code, the Central Commission takes a decision to appoint voting for recalling a deputy of the House of Representatives, and the respective territorial electoral commission – to appoint voting to recall a deputy of the local Council of Deputies.


The voting is appointed not earlier than one month and not later than two months after the date when the decision to appoint the voting was taken.


If substantial violations of the requirements of Section VIII of this Code took place during initiation of the issue of recalling a deputy and during gathering of voters’ signatures, or the necessary number of voters’ signatures was not collected in support of the proposal to initiate the issue of recalling a deputy, the decision is taken to refuse appointment of the voting on recalling a deputy.


The decision of the Central Commission to refuse appointment of the voting on recalling a deputy may be appealed against, within three days, by the head of the initiative group in the Supreme Court of the Republic of Belarus, while the decision of the regional, Minsk city, district, city, settlement or rural territorial electoral commission - in the regional, Minsk city, district or city court, respectively.


The decision of the Central Commission to appoint voting on recalling a deputy of the House of Representatives is forwarded to the House of Representatives, and submitted to mass media for making public (publication), while the decision of the respective territorial electoral commission on appointment of the voting on recalling a deputy of a local Council of Deputies is published in local mass media or otherwise made known to the voters.


The decision of the Central Commission or of the respective territorial electoral commission on appointment of the voting on recalling a deputy is cancelled if the powers of the deputy have been terminated before expiry of his term on the grounds established by the legislation of the Republic of Belarus.