CENTRAL COMMISSION FOR HOLDING ELECTIONS AND REFERENDUMS IN TURKMENISTAN
Elections occupy an important stage in the social and political life of each state. Elections are one of the main political rights of citizens associated with the election, and to be elected. Also, elections are the key to strengthening democratic foundations in society.
Any democratic electoral system should provide for the possibility of considering complaints and appeals from citizens on electoral process issues. In successfully functioning democratic states, this area of election law is seen as proof of the strength and openness of their policies.
In the first part of Article 90 of the Electoral Code of Turkmenistan is said that: “Decisions of election commissions and (or) actions (inaction) of their officials that violate the electoral rights of citizens, the requirements of this Code, and other regulatory legal acts of Turkmenistan can be appealed to a higher election commission ". For the purpose of a more extensive narration about this, we can give several examples:
By saying about complaints of actions of election commissions and their officials, we can mention complaints about actions that violate the electoral rights of these citizens, electoral legislation and other regulatory and legal acts. For example, if an election commission refuses to register candidates nominated in compliance with the requirements of this Code, the refusal of registration can be appealed to a higher election commission or a court within three days.
And when speaking about complaints of inactions of election commissions and their officials - failure to comply with the relevant actions within the established time limits recognized by law, that is, complaints to inactions. For example, if an election commission, through the mass media or other publicly available methods, does not convey to the public, information about the surname, first name, patronymic, date and place of birth, place of work and position held of candidates nominated in compliance with this Code, then this election commission and their officials can be appealed to a higher election commission.
In this Code is said that "The complaint must be motivated and presented along with the evidence on which it is based". This means that in case of appeal, the complaint must be motivated, and the evidences must be sufficient and substantiated.
About the complaints of the parties on elections are described in the second part of Article 90 of the Electoral Code of Turkmenistan: “Voters, candidates, their proxies, observers, initiative groups, media representatives, as well as election commissions can make complaints”.
About complaints that are subject to consideration within the established deadlines, it is noted in the third part of the 90th article of the Election Code of Turkmenistan: “Complaints received during the preparation of elections, referendum are subject to consideration by election commissions within three days from the time the complaint's received, but on the day before election day, referendum, or on election day, referendum - immediately”.
In the first part of the 91st article of the Election Code of Turkmenistan is said about who can be appealed against such situations as: “Decisions and (or) actions (inaction) of state and local government bodies, other bodies, their officials, election commissions, other participants in the electoral process, a referendum that violate the electoral rights of citizens, as well as the actions of candidates, their proxies, initiative groups that violate the requirements of this Code, may be appealed to court”. Also in the last parts of the same article it is written that: “Decisions and (or) actions (inaction) of the Central Election Commission, its officials may be appealed to the Supreme Court of Turkmenistan. The court’s decision on the complaint is communicated to the applicant. ” The judges must: in time, fairly, consistently and thoroughly consider these complaints.
Consideration of complaints on elections in accordance with the legislation means that Independent, permanently Neutral Turkmenistan has entered to a number of developed states not only in the political, economic, cultural and humanitarian systems, but also in the legislative system.
Agajan Jumageldiyev,
leading Specialist of the Organizational Department of Central Election Commission for holding Elections and Referendums in Turkmenistan.