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Article 141
 

Order of holding of voting on the recall of a deputy and summarization of its results


Voting on the recall of a deputy of the House of Representatives or of a deputy of a local Council of Deputies is secret and performed in accordance with the order provided for by Articles 50, 51, 52 and 54 of this Code.


Voting is deemed to be valid, if more than a half of the voters included into the lists of citizens having the right to participate in the voting on the recall of a deputy took part in it.The deputy is deemed to be recalled if more than a half of the voters of the circuit who took part in the voting have voted for his recall.


The recall of a deputy is deemed to be rejected, if less than a half of the voters who took part in the voting have voted for the recall, as well as if less than a half of the voters included into the lists of citizens who have right to take part in voting for the recall of a deputy participated in the voting.In the case of equality of votes given for and against the recall of a deputy, the latter preserves his powers.


On the basis of the protocols received from precinct commissions and drawn up in conformity to the requirements of Article 55 of this Code, the results of voting are established at the sitting of the circuit or territorial commission and put down into the protocol.


The protocol of the circuit commission for holding the voting on the recall of a deputy of the House of Representatives shall, after the results of voting have been established, be forwarded to the Central Commission, and the protocol of the circuit commission for holding voting on the recall of a deputy of a regional Council of Deputies - to the regional territorial commission.


The Central Commission or the respective territorial commission, upon the expiration of five days after the date of voting, if more than a half of the voters who took part in the voting have voted for the recall of the deputy, and there are no grounds to consider the issue of recognizing the voting results invalid, takes the decision to recognize the deputy to be recalled by the voters.


In case the voters of the circuit have not voted for the recall of the deputy, the decision of the Central Commission or of the respective territorial commission specifies that the proposal to recall the deputy has been rejected by the voters.The materials on the fact are submitted, respectively, to the House of Representatives or the local Council of Deputies.


The Central Commission as well as the circuit or territorial commission, in the case of violating the requirements of this Code which has affected the voting outcome is entitled to recognize the voting results invalid.The complaint on recognizing the results of voting on the recall of a deputy to be invalid is submitted respectively to the Central Commission, circuit, territorial commission not later than on third day after the voting.The decision of the Central Commission, territorial, circuit commission on recognizing the results of the voting to be invalid may be appealed against, in three-day term form the day of taking the decision, respectively in the Supreme Court of the Republic of Belarus, regional, Minsk City, district or city court.


When mistakes or discrepancies are detected in the protocols of the precinct, circuit or territorial commissions, as well as other violations made during the voting or vote counting, the Central Commission or the superior territorial commission is entitled, on its own initiative or on an application of the deputy, to take decision on the recount of votes by the respective circuit or territorial commission.Application of the deputy on the recount of votes is submitted respectively to the Central Commission, or the superior territorial commission not later than on the third day after the voting of the recall of a deputy.The recount of votes is performed by the circuit, territorial commission in the presence of the member (members) of the Central Commission, superior territorial commission and if necessary – precinct commissions.


The decision of the Central Commission on the results of voting on the recall of a deputy of the House of Representatives may be appealed against, within three days, by the deputy or the head of the initiative group in the Supreme Court of the Republic of Belarus.


The decision of the territorial commission on the results of the voting on the recall of a deputy of the regional, Minsk City, district, city, settlement or rural Council of Deputies may be appealed against, in the same order and during the same period, respectively, in the regional, Minsk City, district or city court.