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On Appointing Regular Elections to the Nagorno Karabakh Republic

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On Appointing Regular Elections to the Nagorno Karabakh Republic Appendix of N 85 decision of July 20, 2015 of Nagorno-Karabakh Republic Central Electoral Commission REPORT ON THE ORGANIZATION AND CONDUCT OF MAY 3, 2015 NATIONAL ASSEMBLY ELECTIONS OF THE NAGORNO- KARABAKH REPUBLIC, ANALYSIS ON THE VIOLATIONS OF THE ELECTORAL CODE AND RECOMMENDATIONS General overview By PD-15-N decree of February 12, 2015 of the NKR President “On appointing regular elections to the Nagorno Karabakh Republic National Assembly” regular elections to the Nagorno Karabakh Republic National Assembly were appointed on May 3, 2015. The preparation and organization of the Nagorno Karabakh Republic National Assembly elections of May 3, 2015 were implemented in line with the requirements of the new Electoral Code of the Nagorno Karabakh Republic (hereinafter NKR) which had been adopted on October 29, 2014 and put into action on January 1, 2015. The Electoral Code contains a lot of news, a number of legal relations have been subjected to new regulations. It should be noted that the draft of the Electoral Code passed active public and parliamentary phases of discussions. Acording to the requirements of Article 17 of the NKR new Electoral Code by the N 15-N decision of January 28, 2015 of the NKR Central Electoral Commission 11 constituencies equal to the number of the mandates of the deputies to the National Assembly under the majoritarian system were formed. And as compared to the previous elections the number of deputies to the NKR National Assembly under the majoritarian system has changed from 16 to 11, so the borders of the new constituencies had been reviewed. While forming the constituencies the geographical, topographical and physical features of the areas, availability of the means of communication, social and other administrative factors, as well as, the number of the voters which compiled 99 921 voters according to the data provided by the NCR Police as of January 1, 2015 were taken into account. By N 59 P decision of February 13, 2015 of the NKR Central Electoral Commission there were established those territorial electoral commissions to whom had been reserved powers to organize and hold elections in the respective communities. In the 10th constituency which included all the communities of Shoushi and Kashatagh's regions, the powers to organize and conduct elections had been given to the Territorial Electoral Commission of Kashatagh, and in the 11th constituency which inluded all the communities of Shahoumyan's region, 12 communities of Askeran's region and 16 communities of Martakert's region the powers to 1 organize and conduct elections had been given to the Territorial Electoral Commission of Martakert. Within the powers established by Article 48 of the NKR Electoral Code the NKR Central Electoral Commission organized the whole process of the elections and performed control over the legality of the elections. On February 13, 2015 the NKR Central Electoral Commission approved the schedule of the main events of the organization and conduct of the NKR National Assembly elections, which included data arising from the new Electoral Code put into force on January 1, 2015, starting from appointing of the election day till summing up the results of them, about the terms ( conduct of the events) and responsible performers of the planned 115 main events. According to the schedule the start of the aforementioned electoral events was given on February 13, 2015.The deadline of the submission of the registration documents of the candidates, as well as, electoral lists of the political parties was established since March 9, 2015 to March 19 till 18.00, registration term since March 19, 2015 to March 29 till 18.00, the period of the pre-election campaign since March 30, 2015 to May 1 till 24.00. In connection with the preparation and conduct of regular National Assembly elections on May 3 ,2015 89 178 200 AND drams were provided by the costs estimates of the NKR electoral commissions ( Central Electoral Commission and Press Center, 6 territorial and 279 precinct electoral commissions). Among the expenditures a significant part compiled the amounts of compensations and salaries provided to around 2600 commissioners and other workers involved in the organization and conduct work of the elections; around 63 060 200 drams or 70,7% of the total expenditures. On March 4, 2015 the NKR Government adopted a decision on supporting the electoral commissions in the process of the organization and conduct of the elections, in which he touched upon the tasks of various departments. On 28 March Artsakh Republic President Bako Sahakyan convened an enlarged working consultation dedicated to the holding the 2015 parliamentary elections. Representatives of legislative, executive and judicial authorities, political and public sector were invited to the consultation. President Sahakyan gave concrete instructions to the concerned bodies towards the proper organization of the elections, outlining that everything possible must be done to hold the elections in strict correspondence with the letter and spirit of the law and ensure full exercise of the citizens’ voting rights. In line with the requirements of the NKR electoral Code 279 polling stations were compiled ( including the city of Yerevan and penitentiary in Shoushi), equally were the precinct electoral commissions which organized and conducted the voting. 109 international observers from 28 countries, as well as, 111 observers from 3 local organizations were accredited by the procedure defined by the NKR Electoral Code and carried 2 out observation mission during the preparation, conduct and summary of the results of the NKR National Assembly elections. The voting of the regular elections to the NKR National Assembly took place on May 3, 2015.The preliminary results of the voting were published on May 4, 2015 at 13.00. The final results of the voting of the deputies under the majoritarian system were published by the respective territorial electoral commissions by May 7, 2015 and the voting results of the deputies under the proportional system were published on May 10, 2015 by the Central Electoral Cpmmission. According to the protocol on the voting results of May 3, 2015 NKR National Assembly elections on the proportional system the total number of the voters compiled 102 042, the number of the participants of the voting -72 296 or 70,8percent of the total number of the voters. The number of the ballots provided to the precinct electoral commissions was 103 699, the total number of the cancelled ballots was 31 401, the number of the invalid ballots was 3380 (4,7 percent). The number of the ballots voted “for” for each political party compiled as follows; «Free Motherland» party -32632 (47, 35%) «National Renaissance» party -3709 (5,38 %) «Artsakh Democratic» party -13105 (19,01%) «NK Communist» party -1136 (1,65%) «Peace and Development» party -591 (0,86 %) «Armenian Revolutionary Federation» party -12 965 (18,81 %) «Movement-88» party -4 778 (6,93%): The total number of the inaccuracies was 15. According to N 83-I decision of May 10, 2015 of the NKR Central Electoral Commission eleven deputies out of the electoral list of the political party “Free Motherland”, one deputy from the electoral list of the political party “National Renaissance” four deputies from the electoral list of «Artsakh Democratic» party, four deputies from the electoral list of «Armenian Revolutionary Federation» party and two deputies from the electoral list of «Movement-88» party were elected deputies to the NKR National Assembly under the proportional system. In accordance with the 12th paragraph of part 1 of Article 48, the 6th and 7th Parts of the 123rd article of the NKR Electoral Code , taking into account the applicatins of Arayik Harutyunyan (the party of “Free Motherland”), Suren Grigorian (“Democratic Party of Artsakh”), Arthur Aghabekyan (Party “Armenian Revolutionary Federation”) and Valery Balayan (Party “Armenian Revolutionary Federation Dashnaktsutiun “) to abandon the deputy mandate included in the electoral lists of parties that won at least 5 percent cast ”yes “ballots from the amount of the inaccuracies and the total number of ballot “Yes” ballots and took part in May 3, 2015 regular elections to the National Assembly of the Nagorno Karabakh Republic by the proportional electoral system, and the fact of the election on majoritarian system of Arthur Tovmasyan , Arzik Mkhitaryan (the party of” Free Motherland ” ), Vahram Balayan (Party “Armenian Revolutionary Federation”) and Vitaly Balasanyan (the party “Movement-88″), 3 included in the electoral lists of parties, on May 18, 2015 NKR Central Electoral Commission made a protocol at the meeting on registration of the NKR National Assembly deputies by the proportional system and providing them certificates of a deputy ( the list of the newly elected deputies to the National Assembly is attached) The organization and conduct of May 3, 2015 NKR National Assembly elections,analysis of irregularities 1) Making normative decisions According to the regulations of the NKR Electoral Code, the NKR Central Electoral Commission, immediately after the Electoral Code came into force, adopted 58 normative decisions, by which separate electoral legal relations were subjected to more detailed regulations. The aforementioned decisions according to the requirements of the NKR Law "On legal acts" were registered by the Ministry of Justice and published in one unified guidebook of NKR departmental normative acts ( N02 (117) of 30.01.2015). All the decisions of the Central Electoral Commission were also posted on the official website of the commission. Organization of the professional training courses According to Part 3 of Article 39 of the NKR Electoral Code those citizens can be involved in the composition of the precinct electoral commissions who passed the professional training courses by the procedure defined by the Central Electoral Commission and received qualification certificates According to Part 5 of the same article the professional training courses for the conduct of the elections organizes and holds the Central Electoral Commission according to its established procedure.
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