Chairperson of Central Election Commission says creation of coordinative-consultative group on preparing and holding elections is legal

As we have already informed, the Braslau district executive committee established a coordinative-consultative group on preparing and holding elections (the appropriate order was signed by P.Hishkeliuk, Chairperson of the Braslau district executive committee) referring to Article 38 of the Election Code, though this article doesn't provide the executive authorities to establish such groups.

As a result, the Vitsebsk civil activists addressed the Central Election Commission with the request to take measures to ensure the strict abidance by the norm of Articles 38 and 11 of the Election Code.

In her answer Lidziya Yarmoshyna, Chairperson of the Central Election Commission, stated: 'What concerns the ruling of Chairperson of the Braslau district executive committee on the establishment of a coordinative-consultative group on preparing and holding the elections to the local Soviets of Deputies of the 26th Convocation, the Central commission doesn't consider it as a violation of Article #38 of the Election Code, because election commissions have a number of complex tasks achieved with participation of a number of state agencies, organizations and duty officials. In particular, it concerns the organizing and holding pre-election mass events, the use of mass media in the election campaign, keeping of the election documentation, composition and correction of the lists of electors. Taking into account these circumstances, the Election Code (Article #24) provides state organs with powers in organizing and preparing elections. The choice of the forms and ways to realize the entrusted duties is made by the state organs independently, including the establishment of the coordinative-consultative groups that were mentioned in Your address. Thus, the Central commission has no reasons to take any measures of reaction.'

However, the authorities paid some peculiar reaction to the address – the information about the ruling #41 of 1 February 2010, On measures to prepare and hold elections to the local Soviets of Deputies of the 26th Convocation, was removed from the website of the Braslau district executive committee.

Human Rights Defenders for Free Elections