§ Article 44(untitled)

Procedure for formation of precinct electoral commission

1. Precinct electoral commission shall be comprised of at least 7 members.

2. Members of precinct electoral commission shall be appointed by:

 (1) political parties (alliances of political parties) having a faction in the National

 Assembly — 1 member each where the number of factions is more than 4,

 and 2 members each where the number of factions is less than 5;

 (2) the relevant district electoral commission — 2 members.

 72
 To appoint a member to each precinct electoral commission, each member of the

 district electoral commission (except for the chairperson of the commission) may

 nominate 1 candidate. Where the number of nominated candidates is more than 2,

 the district electoral commission shall select the 2 members of the precinct

 electoral commission by drawing of lots in accordance with the procedure

 prescribed by the Central Electoral Commission.

3. Where no member of the commission is appointed by any political party (alliance

 of political parties) — in the manner and within the time limits prescribed by this

 Code for formation of precinct electoral commission — or the number of

 candidates nominated by the members of the district electoral commission is less

 than 2, the vacant positions of the commission shall be filled instead of them by

 the chairperson of the relevant district electoral commission, within a 3-day

 period after the expiry of time limits prescribed for formation of the commission.

 In case of filling vacant positions of the precinct electoral commission in the

 manner prescribed by this part, the decision of the Central Electoral Commission

 on distribution by precincts of chairpersons and secretaries of precinct electoral

 commissions shall not be changed even where the filling of vacant position

 resulted in violation of proportionality prescribed by the decision.

4. Chairperson and secretary of the precinct electoral commission shall be

 appointed upon the decision of the relevant district electoral commission from

 among the members appointed to the commission by political parties (alliance of

 political parties) — in accordance with the distribution prescribed by part 5 of

 this Article — except for the case prescribed by part 3 of this Article. Where a

 political party (alliance of political parties) has appointed 2 members to the

 precinct electoral commission, it shall indicate, while appointing, which of them

 will occupy the position of the chairperson or the secretary of the commission.

5. The positions of chairpersons and secretaries in precinct electoral commissions

 shall be distributed among political parties (alliances of political parties) having a

 73
faction in the National Assembly. The number of positions of chairpersons and

secretaries of precinct electoral commission available for each political party

(alliance of political parties) shall be determined by the following formula:

 NMP
 NCS = ——— x NP — taken as integer numbers,
 ND

where:

NCS is the number of chairpersons and secretaries of a commission respectively

available for a political party (alliance of political parties);

NMP is the number of mandates obtained by a political party (alliance of political

parties) of the National Assembly;

NP is the number of electoral precincts formed;

ND is the number of mandates of Deputies of the National Assembly. The

remaining positions of chairperson and secretary of a commission in precinct

electoral commissions shall be distributed as per the value of remainders. Where

NCS for any political party (alliance of political parties) turns out larger than the

half of NP in case the number of factions of the National Assembly is more than 4,

the portion exceeding half of NP shall be distributed among other political parties

(alliance of political parties) under the principle of proportionality prescribed by

this Article, as prescribed by the Central Electoral Commission.

In case the remainders are equal, the distribution of other positions shall be

carried out by drawing of lots in accordance with the procedure prescribed by

the Central Electoral Commission.

Where during local self-government elections, the number of electoral precincts

formed is less than 3, the distribution of positions of a chairperson and a

secretary of the precinct electoral commission among the bodies having formed a

 74
 commission shall be carried out by drawing of lots — as prescribed by the Central

 Electoral Commission — taking into account that those 2 positions within the same

 commission may not be filled simultaneously by the representatives of political parties

 (alliances of political parties) participating in the formation of the government.

 The distribution of chairpersons and secretaries of precinct electoral

 commissions by electoral precincts shall be carried out prior to the beginning of

 the time limit for submission of requests for appointing members to precinct

 electoral commission as prescribed by the Central Electoral Commission.

6. Requests for appointing members to precinct electoral commission shall be

 submitted to the Central Electoral Commission no earlier than 30 days and no

 later than 25 days before the voting day, by 18:00, whereas in case of early

 elections — no earlier than 20 days and no later than 18 days before the voting

 day, by 18:00. The request for appointing members to precinct electoral

 commissions shall be signed by the head of the political party or, upon his or her

 assignment, by the deputy head (secretary) of a political party, in case of an

 alliance of political parties — by the head of faction, in his or her absence — by

 the secretary of faction.

 Procedure for appointing members to precinct electoral commission, the form of

 the request, the list of necessary documents and information shall be prescribed

 by the Central Electoral Commission.

7. The 1st sitting of a precinct electoral commission shall be convened at the polling

 station at 12:00 on the 3rd day following the formation of the commission.

8. In case the powers of a member of precinct electoral commission are early terminated

 or terminate, the vacant position shall be filled within a 7-day period — in accordance

 with the procedure for formation of precinct electoral commission prescribed by

 this Code — but no later than 3 days before the voting day.

 75
9. Where no member has been appointed to a precinct electoral commission within

 the time limit and in the manner prescribed by part 8 of this Article, the vacant

 positions of members of commission shall be filled by the chairperson of district

 electoral commission from among the persons having the right to be included in

 precinct electoral commissions. In this case, where the person appointed within

 the time limit and in the manner prescribed by part 8 of this Article was to

 occupy the position of the chairperson or secretary of commission, the person

 appointed by the chairperson of the electoral commission shall be appointed to

 that position.

10. Where on the voting day, at 8:00, the number of members of precinct electoral

 commission having appeared is less than 5 — in case of an electoral precinct

 with up to 1 000 electors — the powers of the members not having appeared

 shall terminate early, and the number of the members shall be supplemented

 with up to 5 members respectively by the chairperson of the district electoral

 commission from among the persons having the right to be included in precinct

 electoral commissions. Where on the voting day, at 8:00, the number of

 members of precinct electoral commission having appeared is less than 7 — in

 case of an electoral precinct with more than 1 000 electors — the powers of the

 members not having appeared shall terminate early, and the number of the

 members shall be supplemented with up to 7 members respectively by the

 chairperson of the district electoral commission from among the persons having

 the right to be included in precinct electoral commissions. Where on the voting

 day, as of 9:00, the number of members present at the precinct electoral

 commission is less than 2/3 of the total number of members of the commission,

 the composition of the commission shall be replenished as prescribed by this

 part, so as to ensure 2/3 of the total number of members of the commission.

11. The powers of precinct electoral commission shall terminate upon the end of

 elections — after 7 days following the summarisation of election results — by the

 76
 relevant electoral commission except for the case where the second round of the

 election of the National Assembly are held.

12. In case of appealing against the election results before a court, the powers of
 precinct electoral commission shall terminate on the next day following the
 publication of the judicial act.

13. In case of adopting a decision on declaring the voting results invalid in particular
 electoral precincts, or in case of calling a repeat voting in those electoral
 precincts, the powers of the members of the precinct electoral commission
 concerned shall be deemed early terminated, and they may not be included in
 the compositions of precinct electoral commissions holding a repeat voting.

 In case of calling a repeat voting at electoral precincts or declaring the elections
 invalid and holding a repeat voting, the distribution of the positions of the
 chairperson or the secretary of precinct electoral commission previously made
 shall be maintained and the requests for new appointments to precinct electoral
 commissions shall be submitted to the Central Electoral Commission within a
 3-day period from the day of adoption of the decision on calling a repeat voting,
 by 18:00. In that case the 1st sittings of precinct electoral commissions shall take
 place on the day following the expiry of the time limit for formation, at 12:00.