The balanced choice of true democracy

What changes are expected in the electoral legislation

A public discussion of the bill ‘On amending the Electoral Code of the Republic of Belarus’, organised by the National Centre of Legislation and Legal Research, was concluded at the Legal Forum of Belarus last week. The proposals received, including very extensive ones from lawyers and representatives of civil society, promise to make this code the most effective tool of one of the most important democratic procedures. So what is on offer?

Photo by BELTA

Major changes to the Electoral Code

• The age limit for presidential candidates has been increased to 40 years and the local residence requirement has been increased to 20 years.
• No more than two terms have been established for which the same person can be elected President.
• Persons in respect of whom a measure of restraint in the form of detention has been chosen are granted the right to take part in voting.
• A section is being introduced that determines the procedure for electing delegates to the Belarusian People’s Congress from local Councils of Deputies and civil society.
• The procedures for recognising the elections of the President, deputies of the House of Representatives, members of the Council of the Republic as unconstitutional or illegitimate are regulated.
• The timing of electoral procedures has been adjusted. The period for accreditation of national observers has been reduced until the day of early voting.
• Taking into account the opinions of the regions, the timing of elections to the Council of the Republic, which will be organised after a single voting day by deputies of local Councils of Deputies of the new, 29th convocation, has also been optimised.
• Polling stations will not be formed abroad.
• It is proposed not to form district and regional commissions in Minsk for the election of deputies of the regional and Minsk City Council of Deputies, thus, to transfer their functions to 110 district commissions for the election of deputies of the House of Representatives.
• The number of members of district, city (cities of regional subordination) commissions, city (cities of regional subordination), settlement, rural commissions has been reduced. The number of members of precinct commissions remains the same (5-19 people).
• It is proposed to cancel the turnout threshold for elections of deputies of the House of Representatives by analogy with elections to local Councils of Deputies in order to ensure uniform approaches to procedural issues when organising elections on a single voting day.
• The number of signatures of voters required to nominate a candidate for deputy of the local Council of Deputies has been changed: 1 percent of voters residing in the territory of this constituency, but not less than 10 signatures.



Chairman of the Belarusian CEC Igor Karpenko,
“The bill ‘On amending the Electoral Code of the Republic of Belarus’ is in line with the Convention on Standards of Democratic Elections, the Voting Rights and Freedoms in the State Parties of the Commonwealth of Independent States, which has been in force for 20 years. It is worth noting that the OSCE member countries have not yet developed such a concept document. Hence, the generation of double standards in the assessment of elections in different countries. I, as the Chairman of the CEC, will be guided solely by the Constitution and the Electoral Code that will be adopted. Moreover, we are ready to take into account the comments and suggestions of citizens as part of the discussion of the bill.”

Single voting day in 2024

In October last year, the Constitutional Court recognised the introduction of a single voting day for the elections of deputies of the House of Representatives and local Councils of Deputies as constitutionally expedient, since this helps to reduce the organisational and financial costs of holding elections, creating additional amenities for voters and conditions for better work of election commissions at all levels.
In addition, the simultaneous holding of elections of deputies allows the socio-political forces of the country to systematically prepare for the electoral process.
Chairman of the Belarusian Central Election Commission Igor Karpenko specifies, “Previously, we had separate elections to local Councils of Deputies, parliamentary elections, then presidential ones. We were constantly in the state of the electoral process. Now we will have more opportunities for sustainable development, implementation of the planned socio-economic plans and programmes, which are adopted for five years. Therefore, the measure is justified and will play its positive role.”

Education in the law

There are also plans to consolidate the new powers of the CEC in the Electoral Code in order to carry out information and educational activities in co-operation with other state bodies and organisations. On October 28th, the leaders of the Education Ministry and the Central Election Commission approved the Action Plan to Improve the Legal Culture of Youth for 2023. 
“In the modern world, they are trying to impose on us someone else’s vision of elections through advanced information technologies, which does not reflect the peculiarities of our traditions, experience and law enforcement,” explained Secretary of the Central Election Commission Yelena Baldovskaya.
From now on, such attempts will face a powerful barrier, says Igor Karpenko, “The CEC will participate in raising the legal culture of young people so that our youth form a sustainable electoral culture, actively participate in elections and actively participate in all issues of state governance. 
So that these are not some momentary bursts of ‘street democracy’ under the influence of telegram channels, but full-fledged participation in elections.”

According to the Constitution

The Belarusian Republican Collegium of Advocates supports the idea to grant the right for voting for citizens in respect of whom a measure of restraint in the form of detention has been chosen. BRCA Chairman Alexei Shvakov explained, “We believe this is the right decision. A citizen of Belarus who is in custody and who has not yet been found guilty by a court verdict, in our opinion, should have the right to vote. Persons who are not found guilty by a court decision and are not criminals in accordance with the law should have the right to vote.”
“In accordance with the Constitution, citizens in respect of whom a measure of restraint in the form of detention has been granted the right to vote. A similar corresponding adjustment will be made to the Electoral Code. Convicts, that is, those found guilty by the court and serving a sentence of imprisonment, do not have the right to vote,” added Alexei Shvakov.

By Maksim Osipov