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Article 138
 

Taking Decision to Appoint Voting on Recalling a Deputy

 

The Central Commission, the respective territorial electoral commission shall be entitled, within 15 days after the date of receipt of necessary documents (records and signature lists), to make a selective or complete check of observance of the requirements of Section VIII of this Code when initiating the question of recalling a deputy.

 

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

 

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

 

In case substantial violations of the requirements of Section VIII of this Code took place during initiation of the question of recalling a deputy and during collection of electors' signatures, or the necessary number of electors' signatures was not collected in support of the proposal to initiate the question of recalling a deputy, the decision shall be taken to refuse appointment of the voting on recalling a deputy.

 

The decision by the Central Commission to refuse appointment of the voting on recalling a deputy may be appealed against, within three days, by the initiative group (the appeal must be signed by the majority of its members) at the Supreme Court of the Republic of Belarus, while the decision of the Oblast, Minsk City, regional, town, settlement or rural territorial electoral commission - at the Oblast, Minsk City, regional or town court, respectively.

 

The decision of the Central Commission to appoint voting on recalling a deputy of the Chamber of Representatives shall be directed to the Chamber of Representatives, and delivered 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 the local Council of Deputies shall be published in local mass media or otherwise made known to the electors.

 

The decision of the Central Commission or of the respective territorial electoral commission on appointment of the voting on recalling a deputy shall be 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.