The draft law addresses several issues noted in ODIHR and the ParliamentaryAssembly of the Council of Europe (PACE) election observation reports and the correspondingrecommendations.3 In particular, it establishes responsibility for the abuse of administrativeresources, introduces changes to the legal framework to counter vote-buying, and clarifies thedeadlines for lodging appeals against violations of electoral rights. The followingrecommendations are made in relation to the draft law:
A.To exclude from the draft law Article 422 to the Code on Infractions, which introducessanctions for voters for providing knowingly false information to an election commissionregarding change of an electoral address;
B.To amend draft Article 871 to the Code on Minor Offences to include officials withinthe meaning of electoral legislation among the subjects of responsibility for the abuseof administrative resources;
C.To reconsider draft Article 872 to the Code on Minor Offences, relating to provisionby a candidate to an elected office of deliberately false information; If this offence isretained, consideration should be given to its inclusion in the Code on Infractions;
D.To give due consideration to minimising and even abolishing limitations on holdingpublic offices for citizens with dual nationalities;
E.If draft Article 873 to the Code on Minor Offences is retained, it should state moreclearly that any person who reports vote-buying to the law enforcement bodies or co-operates in the investigation or prosecution of vote-buying shall not be held responsiblefor vote-selling.
