Election-related Legal Opinions and Comments

Legal books line the shelves of ODIHR's Elections Department. (OSCE/Agnieszka Rembowska) Photo details

Assessment of the Referendum Law in the Republic of Montenegro (FYR)

This assessment reviews and comments on the Law on Referendum, dated 19 February 2001, for conducting referendums in the Republic of Montenegro/Federal Republic of Yugoslavia. This assessment is based on unofficial English translations of the following: (1) the Referendum Law, consisting of forty-four (44) articles, (2) Law on the Election of Councillors and Representatives of the Republic of Montenegro (2000),2 (3) Law on Registers of Electors of the Republic of Montenegro (2000),3 (4) Citizenship Law of the Republic of Montenegro (1999),4 (5) Constitution of the Republic of Montenegro (1992), (6) Constitution of the Federal Republic of Yugoslavia (1992), and (7) Citizenship Law of the Federal Republic of Yugoslavia (published in the Official Gazette of the Federal Republic of Yugoslavia, No. 33/96). This assessment reviews and comments on the text of the Referendum Law only, and should not be construed as an endorsement or recommendation for a referendum in the Republic of Montenegro; nor should this assessment be construed as an endorsement or approval of any question that may be subsequently decided by a referendum.

Report
English
6 July 2001

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Roundtable on Elections, Review of the Consolidated Table of Political Party Proposals in Kazakhstan in the Republic of Kazakhstan

This report compiles some of the proposals (over 100) put forth by the political parties for amending the election legislation of Kazakhstan. The document is based on the tabulation of all proposals carried out by the Central Election Commission (CEC). The compilation is neither exhaustive nor comprehensive since it does not include all proposals consolidated in the CEC table. Rather, the focus is on areas that enjoy a broad support among political parties. The aim is to review some issues identified by the parties as areas of concern in the current legislation. The format of the document deviates from the CEC table. However, articles of the election law to which amendments are proposed are indicated as well as the name of the party behind the proposals. In addition, the complete proposal in Russian is preceded by a short English summary of each party proposal presented in this report. This compilation does not replace and should be read in conjunction with the full length report prepared by the CEC on proposals presented by political parties and previous OSCE/ODIHR reports on elections.

Report
English

Русский
28 May 2001

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Review of the Election Legislation for Election Disputes, Appeals and Penalties in the Republic of Kazakhstan

This report reviews key issues on the resolution of election disputes, appeals against election decisions and election offences and administrative violations under the law of Kazakhstan. It draws extensively on a detailed assessment prepared by Denis Petit, Legal Expert. The report also draws on other OSCE/ODIHR election reports on Kazakhstan, in particular the Review of the Legal Framework for the Parliamentary Elections (29 June 1999), supplemented by recommendations contained in the Needs Assessment Mission Report (25 August 1999), the Final Report on the October 1999 Parliamentary Elections (20 January 2000) and the Review of the Election Legislation for Parliamentary Elections (18 January 2001). The legal framework for the conduct of elections is provided by the Constitution, the Constitutional Law of 28 June 1999 on Elections in the Republic of Kazakhstan, provisions on election offences and violations contained in the Criminal Code and the new Administrative Violations Code, regulations adopted by the Central Electoral Commission (CEC) and other acts. The principal source of election rules is the 1999 Law and chapter 11 of the new Administrative Violations Code.

Report
English

Русский
26 April 2001

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Assessment of the Laws on Parliamentary and Presidential Elections in the Republic of Serbia (FYR)

This report provides an assessment of two laws of the Republic of Serbia, the Law on Elections of Members of Parliament and the Law on Elections of the President of the Republic. The parliamentary election law was adopted in October 2000. The presidential law dates from 1990. Under the Constitution of Serbia, the National Assembly is a unicameral body and consists of 250 members directly elected by secret ballot for a term of four years. The president is elected directly by secret ballot for a term of five years. Most of the key issues relating to the election and recall of the president are regulated by reference to the parliamentary election law. The report therefore focuses on the content of that law.

Report
English
26 April 2001

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Assessment of the Draft Referendum Law for Conducting Referendum Elections in the Republic of Montenegro (FYR)

This assessment reviews and comments on the draft referendum law for conducting referendum elections in the Republic of Montenegro.1 This assessment is based on unofficial English translations of the following: (1) the draft law, consisting of forty (40) articles, (2) the current Referendum Law of the Republic of Montenegro (published in the Official Gazette of the Republic of Montenegro, No. 3/92 and as amended and published in the Official Gazette of the Republic of Montenegro, No. 7/92)2, (3) the Law on the Election of Councillors and Representatives of the Republic of Montenegro20003, (4) the Law on Registers of Electors of the Republic of Montenegro,4 (5) the Citizenship Law of the Republic of Montenegro5 1999, (6) Constitution of the Republic of Montenegro 1992, (7) Constitution of the Federal Republic of Yugoslavia 1992, and (8) Citizenship Law of the Federal Republic of Yugoslavia (published in the Official Gazette of the Federal Republic of Yugoslavia, No. 33/96). This assessment reviews and comments on the text of the draft law only, and should not be construed as an endorsement or recommendation for or against a referendum election in the Republic of Montenegro. Nor should this assessment be construed as a substantive approval or disapproval of any question that may be subsequently decided by a referendum election.

Report
English
22 January 2001

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Review of the Election Legislation for Parliamentary Elections of the Republic of Kazakhstan

The legal framework of elections in Kazakhstan has been the subject of consultations between the authorities of Kazakhstan and OSCE/ODIHR. In the course of these consultations, OSCE/ODIHR presented recommendations on the electoral law prior to the October 1999 parliamentary elections. Additional comments were contained in the needs assessment mission report (25 August 1999) and in the final report (20 January 2000). The authorities of Kazakhstan accepted to continue consultations on the election law, based on the OSCE/ODIHR recommendations. On 2 September 2000, during the first round table discussion on elections, the parties agreed on a timetable for further round tables in 2001. The following recommendations will focus on the issues to be discussed in January 2001, such as the independence and formation of election commissions, and election procedures, including the transparency of the vote count and tabulation procedures. The following comments on the legal framework of elections in Kazakhstan are based on the Constitutional Law of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan” signed by the President on 28 June 1999. Some additional comments are provided on the instructions issued by the Central Election Commission (CEC) through the latter part of 1999.

Report
English
18 January 2001

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OSCE/ODIHR Comments on the Draft Law on Political Parties of the Russian Federation

This report provides brief comments on a draft Law on Political Parties of the Russian Federation. It is based on a Russian-language text of the draft Law provided by the Central Election Commission of the Russian Federation. This draft, dated 21 November 2000, was prepared by a working group in the Russian Central Electoral Commission.

Report
English
15 January 2001

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Assessment of the Electoral Code of the Republic of Armenia

This report provides brief comments on the Armenian Electoral Code (“the Code”). It includes suggestions on possible amendments, some of which are needed to promote compliance with relevant international standards and OSCE commitments; others are of a more technical nature. It is based on an unofficial English translation of the Code, the accuracy of which has not been verified.

Report
English
10 January 2001

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