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Home Resources Election-related Legal Opinions and Comments
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Election-related Legal Opinions and Comments

Legal books line the shelves of ODIHR's Elections Department. (OSCE/Agnieszka Rembowska) Photo details
  • Comments on the Draft "Referendum Law on the State Status of the Republic of Montenegro"
    The Office for Democratic Institutions and Human Rights (ODIHR) of the Organisation for Security and Co-operation in Europe (OSCE) has been requested by the Speaker of the Parliament to review and provide comments on the draft "Referendum Law on the State Status of the Republic of Montenegro" of 10 October 2001. The law is a lex specialis including 17 clauses, and is additional to the Referendum Law adopted on 19 February 2001, which was reviewed in detail by ODIHR in the Assessment published on 6 July 2001 (annexed herewith). Article 16 of the Draft Referendum Law on the State Status of the Republic of Montenegro specifically incorporates the provisions of the "Referendum Law (Official Gazette number 9/2001)" to apply "to the issues which are not regulated by this Law." This review should accordingly be read in conjunction with the Assessment of 6 July.
    Report
    5 November 2001
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  • OSCE/ODIHR Comments on the Draft Convention on Standards of Elections, Voting Rights and Freedoms, Proposed by the Russian Federation's Central Electoral Commission
    This report provides a brief assessment of a draft Convention on Elections and Electoral Rights and Freedoms dated 31 July 2001. The text is proposed for adoption by the member States of the Council of Europe. It was drafted by a team of election specialists led by Prof. V. I. Lysenko of the Institute of State and Law, Russian Academy of Sciences, on behalf of the Central Electoral Commission of the Russian Federation. According to Prof. Lysenko’s explanatory note, the aims of the Convention would be, inter alia, to bring together, in a binding international act, the accumulated experience of the Council of Europe in the legal regulation and the conduct of free and democratic elections. It would also concretise the electoral standards flowing from Article 3 of the First Protocol to the European Convention on Human Rights.
    Report
    19 October 2001
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  • OSCE/ODIHR Review of Drfat Amendments to the Election Code of the Kyrgyz Republic
    The draft amendments, prepared by the Central Election Commission (CEC), include a number of positive changes, many of which are in line with OSCE/ODIHR recommendations prepared after the 2000 parliamentary and presidential elections in the Kyrgyz Republic. However, a number of problematic aspects of the Code have not been adequately addressed.
    Report
    24 September 2001
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  • Review of the Legal Framework for Media Coverage of Elections in the Republic of Kazakhstan
    This analysis provides comments on the extent to which the legal framework for media coverage of elections in Kazakhstan is in accordance with international law, standards and commitments. It also provides overview comments on the general issue of media independence. These comments are based on English translations of the following laws and regulations: • The Constitution of the Republic of Kazakhstan of 30 August 1995 (including 1998 amendments); • The Law of the Republic of Kazakhstan “On Elections in the Republic Of Kazakhstan”, No. 407-I of 28 June1999 (Election Law); • The Rules of Execution of Election Campaign and Provision of Broadcasting Time in Radio and Television Programmes, and on Publication of Propaganda Preelection Material in Periodical Press Publications of the State Mass Media to the Nominees to the Parliament and Maslikhats of the Republic of Kazakhstan of August 1999 (Election Media Rules); • The Law of the Republic of Kazakhstan “On Mass Media”, No. 451-I of 23 July 1999 (and 2001 amendments) (Mass Media Law); and • The Law of the Republic of Kazakhstan “On Administrative Procedures”, No. 107- II of 27 November 2000.
    Report
    15 September 2001
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  • Review of the Presidential Decree for Pilot Local Elections in the Republic of Kazakhstan
    This assessment reviews and comments on “Decree Number 633 of the President of the Republic of Kazakhstan On Elections of Akims of Aul (Rural) Districts, Auls (Villages), and Villages”. This assessment is based on an unofficial English translation. This review has taken into consideration the “Law on Elections in the Republic of Kazakhstan”, as Articles 10, 55, and 63 of Presidential Decree Number 633 apply certain provisions of the Law on Elections. However, this assessment is not an assessment of the Law on Elections. This assessment considers the Law on Elections only to the extent that Presidential Decree Number 633 incorporates the Law on Elections.
    Report
    15 September 2001
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  • 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
    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
    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
    26 April 2001
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