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Article 49
 

Liability for Violation of the Requirements of this Code

 

Persons who hinder by violence, threat, deceit, or otherwise a free exercise by a citizen of the Republic of Belarus of the right to take part or not to take part in elections, referendum or voting for recall of a deputy, to elect and be elected as President of the Republic of Belarus, a deputy of the Chamber of Representatives, a deputy of the local Council of Deputies, carry election agitation, agitation for the referendum or who hinder the work of the commissions on elections of the President of the Republic of Belarus, election commissions, commissions on the referendum, commissions on holding the voting for recall of a deputy, or those who carry agitation on the day of elections, referendum or voting for recall of a deputy as well as members of the commissions, official persons of state bodies and public associations and other persons who have committed substitution of documents on elections, referendum, recall of a deputy, a knowingly incorrect count of votes or another distortion of the results of the vote, violated the secrecy of ballot, failed to submit to the commissions the required documents or failed to fulfil their decisions or committed an illegal use of monetary resources and material resources during the preparation and the holding of elections, referendum or recall of a deputy or committed other violations of the requirements of this Code and other legislative acts of the Republic of Belarus on elections, referendum or recall of the deputy shall bear liability as established by the legislation of the Republic of Belarus.

 

Persons who hinder by violence, threat, deceit or otherwise a free exercise by deputies of the local Councils of Deputies of the base level of the Oblast, deputies of the Minsk City Council of Deputies of the right to elect members of the Council of the Republic or be elected members of the Council of the Republic, carry election agitation or a free expression of will during initiation of the issue on recall of a member of the Council of the Republic and voting for recall or official persons of state bodies and other persons who have committed substitution of documents on elections or recall of a member of the Council of the Republic, a knowingly incorrect count of votes, violated the secrecy of ballot or committed other violations of the requirements of this Code shall bear liability as established by the legislation of the Republic of Belarus. Persons who have published or otherwise spread false data defaming a candidate for the position of the President of the Republic of Belarus, for deputy of the Chamber of Representative, for membership in the Council of the Republic or for deputy of the local Council of Deputies or publicly appeal for boycott of elections, referendum or voting for recall of a deputy or a member of the Council of the Republic shall also be brought to liability.

 

In case of spread of false data on a candidate the Central Commission or the respective territorial or district commission shall have the right, through a written appellation of the candidate, to take decision on providing him an opportunity to disprove false data publicly.

 

In case of violation by a candidate, his proxy or an initiative group of citizens for the collection of signatures of electors in support of the person proposed for nomination as candidate and the holding of agitation for his election of the requirements of this Code and of other acts of the legislation of the Republic of Belarus on elections the candidate and the initiative group shall be cautioned by the respective territorial or district commission and in case of a new violation of the requirements of this Code and other legislative acts of the Republic of Belarus the respective territorial or district commission or the Central Commission may cancel the decision on registration of the candidate.

 

In case of violation of the requirements stipulated by Article 47, part six of Article 61, part six of Article 68 and article 75 of this Code the respective territorial or district commission or the Central Commission may deny registration of the candidate for the position of the President of the Republic of Belarus or for a deputy and cancel the decision on his registration without a prior caution.

 

In case of detection of a violation of the requirements of this Code and of other acts of the legislation of the Republic of Belarus citizens of the Republic of Belarus mentioned in part three of Article 13 of this Code shall have the right to submit an application for correction of the violation to the respective or superior commission or a prosecutor or make up a statement about this that shall be signed by the person who detected the violation. An application or a statement submitted to the commission shall be liable to mandatory registration and consideration.

 

Applications about violations of the requirements of this Law and of other acts of the legislation of the Republic of Belarus received by the commissions, state bodies and public associations during the period of preparation for elections, referendum or voting for recall of a deputy, a member of the Council of the Republic or after the election, referendum or voting for recall of a deputy or a member of the Council of the Republic must be considered within a three-day period whereas those received on the day of elections, referendum or voting for recall of a deputy or a member of the Council of the Republic – immediately. In case when facts contained in applications require verification decisions on them shall be taken not later than within a ten-day period. In such case, a superior commission shall have the right to independently take decision on the essence of the application and on the issue referred by this Code to the competence of the inferior commission.