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Article 95
 

Summarisation of results of elections of the National Assembly



1.The Central Electoral Commission shall, in the manner and within the time limit prescribed by Article 75 of this Code, summarise the results of the election and adopt any of the following decisions: 




(1)on the National Assembly being elected and distribution of mandates;  




(2)on preliminary distribution of mandates of Deputies of the National Assembly; 




(3)on calling a repeat voting in separate electoral precincts; 




(4)on declaring the elections of the National Assembly as invalid and calling repeat voting for elections; 




(5)on declaring the repeat voting for elections of the National Assembly as invalid. In that case the President of the Republicshall call a new regular election of the National Assembly. 




2.The Central Electoral Commission shall adopt the decisions provided for in points 3, 4 and 5 of part 1 of this Article in cases provided for in Article 101. 



3.Where the Central Electoral Commission has not adopted any of the decisions provided for in points 3, 4 and 5 of part 1 of this Article: 




(1)a decision on the National Assembly being elected and distribution of mandates shall be adopted where as a result of the election one of the political parties (alliance of political parties) running in elections has received — as a result of due application of parts 4-9 of this Article — the majority of the total number of mandates distributed under parts 4-9 of this Article; 




(2)a decision on preliminary distribution of mandates of Deputies of the National Assembly shall be adopted where — as a result of due application of parts 4-9 of this Article — none of the political parties (alliance of political parties) running in elections has received the majority of the total number of mandates distributed under parts 4-9 of this Article. 





4.Mandates of the National Assembly shall be distributed among the electoral lists of the political parties (alliances of political parties) which have received 4 per cent in case of a political parties, 8 per cent in case of an alliance comprised of up to 3 political parties), and 10 per cent in case of an alliance comprised of 4 and more political parties of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies. Where less than 3 political parties (alliances of political parties) have received at least 4 (8, 10) per cent of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies, 3 political parties and alliances of political parties having passed the thresholds prescribed by this Code and having received a number of affirmative ballot papers much closer to the thresholds prescribed for a political party and alliance of political parties by this Code, shall participate in the distribution of mandates.  




Where, following the voting, no political party (alliance of political parties) has received more than 2/3 of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies, yet it may receive more than 2/3 of the total number of mandates as a result of due application of parts 4-9 of this Article, the participants of the distribution of mandates shall be — in succession, by the largeness of the number of votes received — the political parties (alliances of political parties) with a number of mandates exceeding 2/3 of the total number of mandates, who, as a result of due application of parts 4-9 of this Article, have received at least 2 per cent out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies. Each political party (alliance of political parties) shall be given a mandate as per the total number of affirmative ballot papers received. Where the number of mandates subject to distribution exceeds the number of political parties (alliances of political parties) having received at least 2 per cent out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies, the distribution of mandates as per the total number of affirmative ballot papers received shall continue until the mandates are exhausted.  



5.Mandates of the National Assembly shall be distributed among political parties (alliances of political parties) in proportion with the number of ballot papers with affirmative vote cast in favour of each of them. The calculation of the number of mandates available for each political party (alliance of political parties) shall be carried out as follows: the number of ballot papers with affirmative vote cast in favour of each political party (alliance of political parties) shall be multiplied by 101, the product shall be divided by the total number of ballot papers with affirmative vote cast in favour of political parties (alliance of political parties) having passed the threshold, and integer numbers shall be parted, which shall be the numbers of mandates available for each political party (alliance of political parties). 


6.The mandates remaining from 101 mandates shall be distributed among political parties (alliances of political parties) by the sequence of value of remainders, by the principle of one mandate to each. In case the values of remainders are equal, the contested mandate shall be given to the political party (alliance of political parties) with the highest number of ballot papers with affirmative vote cast in favour, and in the event of a tie, the mandate shall be given by drawing of lots. 


7.Four mandates of Deputies shall be distributed among national minority representatives by the principle of 1 mandate to each of the first 4 national minorities with the largest number of resident population based on the data of the latest census preceding the elections. To this end, mandates shall be distributed among the political parties (alliances of political parties) having passed the threshold, by the coefficient received for each mandate, which shall be calculated by the following formula: 


CP= Fm


____________


       Mm+1



where: 




Cp — coefficient of a political party (alliance of political parties);  




Fm — the number of mandates received from the first part of the list of the political party (alliance of political parties);  




Mm — the total number of mandates already received by the political party (alliance of political parties) out of the 4 mandates for national minority representatives,in calculating the coefficient of the political party (alliance of political parties) for the next mandate.  




Mandates of national minority representatives shall be distributed among political parties (alliances of political parties) by the sequence of reduction of coefficients. In case of equal coefficients, the mandate shall be distributed by drawing of lots. 




When distributing mandates of national minority representatives, a political party (alliance of political parties) shall provide the mandate to the national minority under the smallest record number in its list not yet having a mandate. Where there is not any in the second part of the electoral list of the political party (alliance of political parties), the turn for the distribution shall be passed on to the political party (alliance of political parties) having the next coefficient by value. Where in the course of such a process it is impossible to distribute mandates of national minority representatives any more, the respective mandate shall remain vacant.