Procedure of Holding Voting on Recalling the Deputy and Summarisation of Its Results
Voting on recalling a deputy of the Chamber of Representatives or of a deputy of a local Council of Deputies shall be secret and organised in accordance with the procedure stipulated by Articles 50, 51, 52 and 54 of this Code.
Voting shall be considered valid, if more than a half of the electors included into the lists of citizens, having right to participate in the voting to recall a Deputy, took part in it. The deputy shall be considered recalled if more than a half of the electors of the district who took part in the voting have voted for his recalling.
The recalling shall be considered declined, if less than a half of the electors who took part in the voting have voted for recalling, as well as if less than a half of the electors included into the lists of citizens who have right to take part in voting for recalling a deputy have participated in the voting. In the event of equality of votes given for and against recalling a deputy, the latter shall preserve his powers.
Based on the records received from precinct commissions and compiled in compliance with the requirements of Article 55 of this Code, the results of voting shall be approved at the sitting of the district or territorial commission and entered into the record.
The record of the district commission for holding voting on recalling a deputy of the Chamber of Representatives shall be immediately forwarded to the Central Commission, and the records of the district commission for holding voting on recalling a deputy of the Oblast Council of Deputies - to the Oblast territorial commission.
The Central Commission or the respective territorial commission shall, upon expiration of five days after the date of voting, if more than a half of the electors who took part in the voting have voted for recalling the deputy, and there are no grounds to consider the question of recognising the voting results invalid, take a decision to recognise the deputy recalled by the electors.
In the event the electors of the district have not voted for recalling the deputy, the decision of the Central Commission or of the respective territorial commission shall run that the proposal to recall the Deputy has been declined by the voters. The materials on the fact shall be delivered, respectively, to the Chamber of Representatives or the local Council of Deputies.
The Central Commission as well as the district or territorial commission, in case of breaching the requirements of this Code which has affected the voting outcome shall be entitled to recognise the voting results invalid.
In the event mistakes or disparities are identified in the records of the precinct, district or territorial commissions, as well as other violations made during voting or vote count, the Central Commission or the superior territorial commission shall be entitled to take decision on repeated vote count by the respective district or territorial commission. The repeated vote count shall be performed by the district or territorial commission in the presence of a member (members) of the Central Commission or of the superior territorial commission, and if necessary - also of the precinct commission.
A deputy of the Chamber of Representatives or a deputy of the local Council of Deputies, or, by his special written instruction, a proxy as well as the initiative group (the appeal must be signed by the majority of its members) may, within five days after the date of voting on recalling the deputy, appeal, respectively, to the Central Commission or to the superior territorial commission with written applications on violations of the requirements of Section VIII of this Code. The Central Commission shall, within ten days, check the facts indicated in the application and take the respective decision.
The decision of the Central Commission on the results of voting on recalling a deputy of the Chamber of Representatives may be appealed against, within three days, by the deputy or the initiative group (the appeal must be signed by the majority of its members) at the Supreme Court of the Republic of Belarus.
The decision of the territorial commission on the results of the voting on recalling a deputy of the Oblast, Minsk City, regional, town, settlement or rural Council of Deputies may be, in accordance with the same procedure and during the same period, appealed against, respectively, at the Oblast, Minsk City, regional or town court.
