Electoral Code of the Republic of Belarus (2000, as amended 2015) (excerpts related to referendum) (English)
Electoral Code of the Republic of Belarus
February 11, 2000 No 370-Z
[Amended as of June 4, 2015]
Adopted by the House of Representatives on January 24, 2000
Approved by the Council of Republic on January 31, 2000
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SECTION VII
REFERENDUM
CHAPTER 22
DEFINITION, TYPE AND PURPOSE OF THE REFERENDUM
ISSUES PROPOSED TO THE REFERENDUM
Article 111. Notion, types and purpose of the referendum
The referendum is a way of adoption by the citizens of the Republic of Belarus of decisions on the most important issues of state and public life.
The Republic of Belarus may hold republican and local referendums.
Article 112. Issues proposed to the referendum
The issues, which may be submitted to a republican referendum, include the most important issues of the state and public life of the Republic of Belarus.
The issues, which may be submitted to a local referendum, include the most important issues for the population of respective administrative territorial units, which fall within the competence of the respective local Councils of Deputies, and executive and administrative bodies.
The following issues may not be submitted to the republican referendum:
any issues which may lead to violation of the territorial integrity of the Republic of Belarus;
any issues concerning the elections and dismissal of the President of the Republic of Belarus and appointment (election or dismissal) of officials whose appointment (election or dismissal) is within the competence of the President of the Republic of Belarus and the Chambers of the National Assembly of the Republic of Belarus;
any issues on adopting and amending the budget and introducing, changing and cancelling taxes (duties); and
any issues on amnesty or pardon.
The issues, which may not be submitted to the local referendum, include those specified in the part three of this Article, the issues of importance for the Republic of Belarus as a whole, and the issues, relating to approval and dismissal of officials, which are within the competence of a respective local executive and administrative body or the head of such body.
CHAPTER 23
INITIATION AND CALLING OF THE REPUBLICAN REFERENDUM
Article 113. Right of the initiative for holding the republican referendum
The right of initiative for holding the republican referendum belongs to the President of the Republic of Belarus, the House of Representatives and the Council of the Republic, and the citizens of the Republic of Belarus.
The initiative of the House of Representatives and the Council of the Republic for holding a republican referendum is expressed in the form of a proposal which is adopted at the separate sittings of those bodies by the majority of the total number of members of each of the chambers and submitted to the President of the Republic of Belarus.
The initiative of citizens for holding a referendum is expressed in the form of a proposal, which is put forward by not less than 450 thousand citizens, enjoying voting right, including not less than 30 thousand citizens from each region and the city of Minsk.
Article 114. Initiative group for holding the republican referendum
In case an initiative to hold the republican referendum is put forward by the citizens, they form a group for holding the referendum (hereinafter referred to as the «initiative group»), which includes not less than 100 citizens, enjoying voting right, from each region and the City of Minsk on the basis of approximately equal representation.
The initiative group applies to the Central Commission with an application to register the initiative group and the issue (draft decision), which it proposes to submit to the referendum. The application is appended with the protocol of the meeting of the initiative group at which a decision has been taken to form the initiative group to put forward the initiative to hold the referendum, to approve the issue (draft decision) proposed for submission to the referendum, to elect the initiative group chairperson and coordinators for the regions and the city of Minsk, the list of participants in the meeting, signed by the chairperson and the secretary of the meeting as well as the list of the members of the initiative group who agreed to take part in the initiative group, which shall be confirmed by their own signatures the authenticity of which is to be certified by a notary.
The meeting of the initiative group is competent if it has been attended by more than half of the members of the initiative group. Decisions of the meeting are taken by the majority of votes of its participants.
The list of the initiative group shall indicate the surname, name and patronymic, date of birth, place of residence, serial number and number of the passport of the Republic of Belarus of each group member. The list of the initiative group shall specify the group chairperson and group coordinators in the regions, cities of regional subordination, city-districts in case the collecting of signatures will be in their territory.
The issue (draft decision) offered for the referendum shall be worded by the initiative group in a clear and definite manner so that it shall be possible to give an unambiguous answer to such issue. The wording of the issue (draft decision), which is offered for the referendum, may be amended with the consent of the initiative group, and the protocol of the meeting of the group confirming such consent is to be submitted.
The documents on the holding of the republican referendum submitted by the initiative group, and the issue (draft decision) offered for the referendum are submitted by the Central Commission for consideration and conclusion to the Ministry of Justice and the General Prosecutor’s Office of the Republic of Belarus, which verify the compliance of the issue (draft decision) with the legislation of the Republic of Belarus and observance of the order of formation of the initiative group.
The issue (draft decision) offered for the referendum, with regard to the conclusion of the Ministry of Justice and the General Prosecutor’s Office of the Republic of Belarus, and the composition of the initiative group is registered by the Central Commission. Registration is denied in the event of a violation of the requirements of legislation of the Republic of Belarus. An appeal against a denial to register the initiative group may be filed within a month with to the Supreme Court of the Republic of Belarus by the head of the initiative group.
Following the registration of the initiative group the Central Commission issues to it a registration certificate and a sample sheet for gathering the signatures of the citizens supporting the proposal on holding the referendum, (hereinafter – “list of signatures”) and the respective certificates to the initiative group members.
Article 1141. Fund of the initiative group on holding the republican referendum
Financing the expenditures related to the collection of signatures in support of the proposal on holding a republican referendum and campaigning on the initiation of the republican referendum by citizens is carried out at the expense of means of the fund of the initiative group on holding the republican referendum (hereinafter - the initiative group fund).
Initiative group fund may be formed from the following monetary means:
1) voluntary donations of members of the initiative group and other citizens of the Republic of Belarus. The amount of donation of one citizen may not exceed 15 base units;
2) voluntary donations of legal persons. The amount of donation of a legal person shall not exceed 30 base units.
The maximum amount of all expenditures from means of the initiative group fund shall not exceed 3000 base units.
The subjects mentioned in part four of Article 481 of this Code are not entitled to make donations in the initiative group fund.
For the formation of the initiative group fund, the head of the initiative group, not later than in a ten-day term from the date of registration of the initiative group must open a special account for holding the referendum (hereinafter - the special account) in a branch of the Joint Stock Company "Belarusbank Savings Bank". The ground for opening a special account shall be an application of the head of the initiative group and a copy of the decision of the Central Commission on the registration of the initiative group.
The head of the initiative group is entitled to open only one special account. No payment shall be exacted for the services of the bank in opening the special account and performing transactions through the account. The bank pays no interest for using the monetary funds deposited into the special account. The Central Commission shall send to the press for publication information on the opening of special electoral account.
The procedure for opening the special account, performing operations through the account, and closing the account shall be determined by the Central Commission in agreement with the open joint stock company – Belarusbank Savings Bank.
The right to dispose of means of the initiative group funds belongs to the head of the initiative group.
The head of the initiative group is entitled to appoint a representative of the initiative group on financial matters (hereinafter - the representative on financial matters). The registration of the representative on financial matters is carried out by the Central Commission on the basis of an application of the head of the initiative group. The application shall indicate the surname, first name and patronymic, date of birth, place of residence of the representative on financial matters, series, number and date of issue of the passport of the citizen of the Republic of Belarus. The Central Commission, within three days from the day of receipt of the application, registers the representative on financial matters and issues a certificate for him.
The candidate’s representative on financial matters is entitled to open a special electoral account, to dispose of the funds available on this account, and to submit reports on the receipt to the account and expenditures. The head of the initiative group has the right to revoke a representative on financial matters at any time, reporting to the Central Commission, as well as to the branch of the bank which opened the special account.
Means of the initiative group fund may be used to cover expenses and services related to the collection of signatures of citizens, including the payment for members of the initiative group who collect signatures in support of the proposal on holding a republican referendum, as well as to cover other expenses directly related to the campaigning on the referendum in the order established by the Central Commission.
The branch of the bank in which the special electoral account has been opened shall, on weekly basis, report to the Central Commission the data on receiving and spending the means being on the special account. The Central Commission shall, within two days after receiving the data, forward to the press for publication the information on the total sum of the means received by the initiative group fund and on the total sum of spent means.
Control over receipts and expenditures of the means of the initiative group fund is exercised by the Central Commission and the financial authorities.
Making donations to the initiative group fund, return of donations and termination of banking operations on the special account is carried out in accordance with the requirements of parts eight, eleven, sixteen and seventeen of Article 481 of this Code.
The head of the initiative group is obliged to submit financial reports on spending means of the initiative group fund to the Central Commission according to the following time scale:
the first report – in 20 days after the registration of the initiative group;
the second report – not later than within a five-day period from the final day of collecting signatures of the citizens;
the third report – in 20 days after the appointment of the referendum;
the final report – not later than within a five-day period from the day on voting on the referendum.
The report shall be accompanied by primary financial documents that confirm entry, return and spending of the means of the initiative group fund, statement about the remaining means and/or about the closure of the special account. In case the Central commission rejects the proposal to hold a referendum, the head of the initiative group submits the financial report to the Central commission not later than within a five-day period from the day of rejection of the proposal on holding the referendum.
In case of rejection of the proposal to hold a referendum by the Central Commission, the Central Commission shall inform in writing the branch of the bank which terminates all operations on the special account.
Article 115. Citizens’ signatures gathering
Gathering signatures of the citizens for supporting the proposal on holding of a referendum is performed only by the initiative group members within two months from the day of registration of the initiative group.
The signature lists shall contain the wording of the registered issue offered for the referendum, and/or the summary of the proposed decision (draft law), and also the surname, name and patronymic of the person collecting the signatures and specify the number of the registration certificate issued to the initiative group, and the body which issued the registration certificate. The initiative group member collecting the signatures is obliged to provide the complete text of the decision (draft law) offered for the referendum at the request of any citizen for his familiarization.
The signature list may include only the signatures of the citizens residing in the territory of only one city of regional subordination, district, and in the cities with districts – of one district.
With regard to a citizen supporting the proposal on holding the referendum the signature list shall indicate the surname, name and patronymic, date of birth, place of residence, passport number and serial number, or details of another document determined by the Central Commission. The data about the citizen is filled in the signature list in handwriting. The citizen puts the date of signing and the signature in the signature list by his own hand. Signatures are enumerated.
A citizen has the right to sign in support of the proposal on the holding of the referendum only once.
The signature list is verified by a member of the initiative group who has gathered signatures. The member of the initiative group while verifying of the signature list puts the signature and the date of its putting, as well as indicates the surname and initials.
It is prohibited to coerce the citizens of the Republic of Belarus with the purpose of obtaining their signatures in signature lists, and to use illegal practices for collecting signatures.
Article 116. Consideration of the initiative of the citizens on the holding of the republican referendum
Signature lists shall be submitted by the coordinators in districts, cities, city-districts not later than the date of expiry of the term established for gathering signatures to the district or city executive committee, or local district administration which, within a ten-day period, verifies authenticity of citizens’ signatures in the signature lists. In doing so, at least 20 per cent of the citizens’ signatures in the signature lists submitted by the initiative group shall be verified.
The order of verification and account of citizens’ signatures in the signature lists submitted to the bodies indicated in part one of this Article are determined and the inauthentic citizens’ signatures are recognized inauthentic as provided for by parts sixteen and eighteen of Article 61 of this Code. Signatures of citizens collected before registration of the initiative group are also considered to be inauthentic. Signatures of the citizens are not subject to the verification and accounting if the signature list has not the wording of the issue put forward to the referendum, and/or formulation in essence of the proposed decision (draft law). If the signature list received by the district, city executive committee, local administration contains signatures of the citizens residing on the territory of different districts, cities of regional subordination, city-districts, the verification and accounting cover only the signatures gathered on the territory of the region, city, city-district, in the executive committee of which or in the local administration that signature list was handed in.
When several signatures of the same citizen have been found, the only one signature considered to be authentic whereas the remainder of the signatures is considered to be inauthentic.
If the number of citizens signatures found inauthentic during verification constitutes more than 15 per cent of the number of the signatures verified, another 15 per cent of the signatures in the signature lists submitted to the respective district or city executive committee or the local administration to be verified.
If the total number of inauthentic citizens’ signatures found during verifications constitutes more than 15 per cent of the total number of signatures verified in the signature lists, a further verification of the signatures in the signature lists by the district or city executive committee or by the local administration is terminated and all signatures of citizens in the submitted signature lists are not taken into account in determining the results of gathering signatures in the region, city or city-district.
The respective district or city executive committee, or the local administration, takes the decision on the results of gathering citizens’ signatures in the signature lists in support of the initiative on the holding of the republican referendum which is forwarded to the regional or the Minsk City Executive Committee, respectively. The decision specifies the total number of signatures in the signature lists received from the initiative group; the number of signatures verified for authenticity; the number of signatures recognized as authentic and the number of signatures recognized as inauthentic.
The regional or the Minsk City Executive Committee may, when required, also verify, within a five-day period, authenticity of citizens’ signatures in the signature lists. On the basis of the decisions of the district or city executive committees or of the respective local administrations on the establishment of the number of citizens who put their signatures in the signature lists in support of the initiative for the holding of the referendum and of the results of verification of authenticity of citizens signatures in the signature lists made by the regional or the Minsk City Executive Committee, the regional or the Minsk City Executive Committee summarizes the results of gathering signatures for the region or the city of Minsk, takes decision thereon and forward it to the Central Commission. The decision specifies the data provided for by part six of this Article. A copy of the decision is handed over to the coordinator of the initiative group in the region, city of Minsk.
After the regional and Minsk city Executive Committees have taken decisions, the initiative group makes the final act on gathering signatures and submits it to the Central Commission.
The Central Commission:
verifies the compliance of the final act of the initiative group and of the received decisions of the regional or Minsk City Executive Committees with the requirements of this Code and of other acts of legislation of the Republic of Belarus;
draws up a conclusion on the observance by the initiative group of the requirements of this Code and a protocol on the results of gathering signatures confirming availability of at least 450 thousand citizens’ signatures, including at least 30 thousand citizens’ signatures from each region and from the city of Minsk.
The Central Commission transfers the final statement of the initiative group, together with its conclusion and the protocol, if there are no grounds for rejection of the proposal on the holding of the referendum, to the President of the Republic of Belarus.
The Central Commission rejects the proposal on the holding of the referendum and informs about that the initiative group and the President of the Republic of Belarus in the cases of:
violation of the term of gathering citizens’ signatures;
absence of the required number of signatures;
detection of violations of the voluntary principle in the course of gathering signatures stated as established by the Central Commission;
submission by the initiative group of more than fifteen per cent of inauthentic signatures of the total number of citizens’ signatures verified in the signature lists;
absence of the special bank account;
exceeding by more than 20 percent of the maximum amount of spending of means of the initiative group fund mentioned in part three of Article 1141 of this Code, or use of other monetary means in the same amounts in addition to means of the electoral fund;
finding out in the submitted documents of other violations of the requirements of this Code and of other legislation acts of the Republic of Belarus.
The decision of the Central Commission on rejection of the proposal for the holding of the referendum may be appealed against within a month period in the Supreme Court of the Republic of Belarus by the head of the initiative group.
A repeated initiation by citizens of the holding of a referendum on one and the same issue is allowed not earlier than one year after the rejection of the proposal on the holding of the referendum and not earlier than three years after the holding of a referendum on that issue.
Article 117. Decision on calling of the republican referendum
The President of the Republic of Belarus calls a republican referendum on his own initiative or, within two-month period after submission to his consideration, in accordance with this Code, of proposals by the Chambers of the National Assembly of the Republic of Belarus or the citizens.
The edict of the President of the Republic of Belarus on calling of the referendum, as a rule, provides for:
the date of the referendum;
the legal force of the decision adopted by the referendum;
the wording of the issue (issues) put forward to the referendum;
other organizational measures required to ensure the holding of referendum.
If a draft law is offered to the referendum, it is appended to the edict of the President of the Republic of Belarus on calling the referendum.
The date of the referendum is set not later than three months from the date of the edict of the President of the Republic of Belarus on calling the referendum.
The edict of the President of the Republic of Belarus on calling the referendum, the text of the draft law or the draft of any other decision offered for the referendum, is published in the press and made public through other mass media in accordance with the order established by the President of the Republic of Belarus.
The President of the Republic of Belarus has the right to reject the proposal on holding a referendum if it fails to comply with the requirements of this Code and other acts of legislation of the Republic of Belarus. Decision of the President of the Republic of Belarus on rejection of the referendum is made in the form of an edict.
Article 118. Voting ballot
The voting ballot contains the exact wording of the issue (draft decision) offered for the referendum and specifies the voting options of the voting person by the words “for” and “against” under which empty squares are placed.
In the event of several issues being offered for the referendum, those issues are included into the same ballot and numbered in the successive order. Any alternative draft decisions (draft laws) proposed for the same issue, or the options proposed for any item of the draft decision (draft law) are also enumerated in the successive order.
In the event of a draft law being offered for the referendum, the Central Commission may take a decision to publish the text of the draft law offered for the referendum and the current law, which is proposed to be revoked, changed or added, in the press. The above texts should also be kept in the premises of each voting precinct for the public notice.
In the event of a republican referendum and a local referendum being held simultaneously, the voting ballots used in each of those referendums shall differ in color or bear some other distinctive mark.
Printing of voting ballots for voting on the republican referendum is ensured by the Central Commission.
When holding the republican referendum it is allowed to print ballots by the district commissions located outside the Republic of Belarus.
The number of the ballots being printed may not be less then the number of the participants of referendum included into the lists of citizens having the right to participate in the referendum. The number of reserve ballots shall not exceed 5 percents from the number of the participants of referendum. The concrete number of the ballots being printed is determined by the Central Commission.
Transfer of ballots to the subordinate commissions on holding the republican referendum, including the precinct commissions is performed according to the act. Precinct commissions are provided with the ballots not later then the day preceding the day of early voting whereas the precinct commissions which do not hold early voting – not later then the day preceding the day of referendum. Chairpersons of the commissions carrying out obtainment, transfer and keeping of ballots bear responsibility for keeping the ballots.
The ballots are printed in the Belarusian or Russian languages.
The ballot for voting shall contain the explanation on the order to fill it in.
The reverse side of a ballot bears the signatures of at least two members of the precinct commission on referendum.
Ballots for voting in the republic referendum after establishment of the results of voting together with the protocols of precinct commissions are handed to the district, city, city-district commissions.
CHAPTER 24
DETERMINATION OF RESULTS AND SUMMARIZING THE OUTCOME OF THE REPUBLICAN REFERENDUM
Article 119. Establishment of referendum results for a district, a city or a city district
On the basis of the protocols received from precinct commissions on the referendum and drawn up in accordance with the requirements of Article 55 of this Code, the district, city, and city-district commissions on the referendum establish:
the total number of citizens in the district, city, and city district, having the right to participate in the referendum;
the number of citizens who received ballots;
the number of citizens who have taken part in the voting, including the number of citizens who have taken part in the early voting, the number of citizens who have taken part in the voting at the place of location and the number of citizens who have taken part in the voting on the day of the referendum at the voting precinct;
the number of persons who voted in favor of the issue (draft decision) submitted to the referendum, and the number of persons who voted against its approval;
the number of ballots recognized as invalid;
the number of ballots issued to precinct commissions on the referendum;
the number of spoiled ballots; and
the number of unused ballots.
The referendum results for districts, cities and city districts are determined at the sittings of the district, city and city-district committees on the referendum and put down in the protocol. The protocol is signed by the chairperson, the deputy chairperson, the secretary and the members of the respective commission on the referendum and submitted, not later than on the third day after the end of the voting, by the chairperson, or the deputy chairperson, or the committee secretary, in person, to the regional or the Minsk City Commission on the referendum, and to the bodies which formed the commission, for information. The protocol forwarded to the regional or the Minsk City Commission on the referendum encloses, if any, special opinions of the members of the commissions and statements of other persons on violations made in the course of the voting or during the count of votes and the decisions taken on them by the commission.
In case when the bodies that formed the commission detect violations of the requirements of this Code and of other acts of legislation of the Republic of Belarus made in the course of the voting or during the count of votes, that is immediately notified to the respective superior commission or the Central Commission.
Article 120. Establishment of referendum results for regions and the city of Minsk
On the basis of the protocols received from the district, city or city-district commissions on the referendum, the regional or the Minsk City commissions on the referendum determine:
the total number of citizens in the region or the City of Minsk, having the right to participate in the referendum;
the number of citizens who received ballots;
the number of citizens who have taken part in the voting, including the number of citizens who have taken part in the early voting, the number of citizens who have taken part in the voting at the place of location and the number of citizens who have taken part in the voting on the day of the referendum at the voting precinct;
the number of persons who voted in favor of the issue (draft decision) submitted to the referendum, and the number of persons who voted against its approval;
the number of ballots recognized as invalid;
the number of ballots issued to district, city and city-district commissions on the referendum;
the number of spoiled ballots; and
the number of unused ballots.
The referendum results for the regions or the city of Minsk are determined at the sittings of the regional or the Minsk City commissions on the referendum and put down in the protocol. The record is signed by the chairperson, the deputy chairperson, the secretary and the members of the regional or the Minsk City commissions on the referendum and submitted not later than on the fourth day after the end of the voting by the chairperson, or the deputy chairperson, or the commission secretary, in person, to the Central Commission and to the body which set up the regional or the Minsk City commissions on the referendum, for information. The protocol forwarded to the Central Commission encloses, if any, special opinions of the members of the commissions and statements of other persons on violations made in the course of the voting or during the count of votes and the decisions of the commission, taken on them.
In case when the bodies which set up the regional or the Minsk City commissions on the referendum, detect violations of the requirements of this Code or other acts of legislation of the Republic of Belarus made in the course of the voting or counting of votes, that is immediately notified to the Central Commission.
Article 121.Summarizing the results of referendum
On the basis of the protocols received from the regional or the Minsk City commissions on the referendum the Central Commission establishes:
the total number of citizens having the right to participate in the referendum;
the number of citizens who received ballots;
the number of citizens who have taken part in the voting, including the number of citizens who have taken part in the early voting, the number of citizens who have taken part in the voting at the place of location and the number of citizens who have taken part in the voting on the day of the referendum at the voting precinct;
the number of persons who voted in favor of the issue (draft decision) submitted to the referendum, and the number of persons who voted against its approval;
the number of ballots recognized invalid.
The referendum is deemed to have taken place if more than a half of the citizens included in the lists of citizens having the right to take part in the referendum, have taken part in the voting. The decision is deemed to be adopted by the referendum, if it was voted for, over the Republic of Belarus as a whole, by more than half of the total number of citizens who have taken part in the voting.
The decision on the adoption, changing and adding of the Constitution of the Republic of Belarus is deemed to be adopted if it was voted for by the majority of the citizens included in the voting lists.
The results of the referendum are established at the sitting of the Central Commission and put down in the protocol. The protocol is signed by the chairperson, the deputy chairperson, the secretary and the members of the commission.
On the basis of a presentation made by the respective commissions on the referendum and the bodies which set up the commissions, as well as on the grounds established by the Central Commission, the Central Commission may declare the referendum results in an region, a district, a city or a city district and in a precinct invalid because of the violations of the requirements of this Code and other acts of legislation of the Republic of Belarus.
The information on the referendum results is published by the Central Commission in the press within seven days. The information states the total number of citizens having the right to take part in the referendum; the number of citizens who received ballots, the number of citizens who took part in the voting, the number of persons who voted in favor of the issue (draft decision) submitted to the referendum, and the number of persons who voted against its approval; and the number of ballots recognized invalid.
Article 122. Holding of repeated voting
On the basis of a presentation made by the Prosecutor General of the Republic of Belarus on the violations committed in the course of the referendum, the Central Commission has the right to take a decision on either holding a repeated voting, within one month, in the voting precincts and other territories, where violations were committed, or on holding a repeated voting within one year over the entire territory of the Republic of Belarus.
Article 123. Publication and entry into force of the decision adopted by the referendum
The decision adopted by the referendum is signed by the President of the Republic of Belarus and is subject to the immediate and obligatory official publication after its signing.
The decision adopted by the referendum enters into force in 10 days after its official publication, unless other term is established therein.
The date of adoption of the decision by the referendum is deemed to be the date of the referendum.
Article 124. Legal force of the decision adopted by the referendum
Legal force of the decision adopted by a referendum is determined by the edict of the President of the Republic of Belarus on calling the referendum.
The decisions adopted by the referendum may be cancelled or changed only by means of a referendum, unless otherwise determined by the referendum.
If implementing the decision, adopted by the referendum, requires the issuance of a legal act, such act shall be adopted within five months from the date of entry into force of the decision adopted by the referendum.
CHAPTER 25
ORDER FOR CALLING AND HOLDING OF LOCAL REFERENDUM
Article 125. Order of preparation and holding of local referendum
The realization of the right of citizens to hold a local referendum, consideration of the initiative of citizens on holding a local referendum, its preparation and holding, the order and the terms of formation of the voting precincts and respective commissions on the referendum, their powers and organization of their activities, the preparation of the lists of citizens having the right to participate in the referendum, procedure for voting, summarizing and publication of the referendum results are carried out having regard to the norms of legislation on the republican referendum, unless otherwise established by Chapter 25 of this Code.
Article 126. Right of initiative for holding the local referendum
The right of initiative for holding the local referendum belongs to the local representative bodies and the citizens of the Republic of Belarus permanently residing in the territory of the respective region, district, city, city-district, settlement, or rural council. The citizen express their initiative in the form of a proposal put forward by at least 10 per cent of the citizens possessing electoral right and residing in the respective territory.
If the citizens put forward the initiative to hold a local referendum, they form an initiative group from among the persons having the right to take part in the referendum, including the following number of members:
in a region and the city of Minsk – not less than 50 persons;
in a district, city or city district – not less than 20 persons; and
in a settlement or rural council – not less than 10 persons.
Documents on holding of the local referendum submitted by the initiative group and the issue proposed for the referendum are forwarded by the local executive and administrative body for conclusion to the respective regional or the Minsk City department of justice which verifies the compliance of the issue proposed for the referendum with the requirements of the legislation and the observance of the order of formation of the initiative group.
The issue proposed for the local referendum, with regard to the conclusion of the respective regional or the Minsk City body of justice, and the initiative group composition is registered by the respective local executive and administrative body.
Within 30 days of the date of application for registration, the initiative group is issued a registration certificate, a sample signature list, and members of the initiative group are issued the respective certificates.
Registration of the initiative group on holding the local referendum is denied in the case of violation of the requirements of this Code and other acts of legislation of the Republic of Belarus. The denial may be appealed against within a month in district or city court.
If the executive and administrative body has established that the required number of authentic signatures have been gathered, the initiative group on holding the local referendum makes a final act and submits it to the respective executive and administrative body which hands it over to the local Council of Deputies.
Article 127. Decision on calling of the local referendum
The decision to call a regional, Minsk City, district, city, settlement or rural referendum is taken by the respective local Council of Deputies and the decision on calling of a district referendum in a city divided into districts – by the city Council of Deputies, not later than thirty days after submitting such proposal in accordance with the requirements of this Code and other acts of legislation of the Republic of Belarus.
The legal force of the decision taken by local referendum is determined in the decision of local Council of Deputies on calling the referendum.
The local Council of Deputies, taking a decision to call the referendum, ensures that the content of the issue (draft resolution) submitted to the referendum is made known to the citizens.
The date of the referendum is to be set not later than three months from the date of taking a decision to call the referendum.
The decision of the local Council of Deputies on calling of the referendum is published in the press and may be made public through other mass media.
The decisions taken by the local referendum, is signed by the head of the respective local executive and administrative body.
Article 128. Holding of the local referendum
Preparation and holding of the referendum on the territory of a region, city, district, city district, settlement and rural council are carried out by the respective commissions on the referendum formed in accordance with Articles 34 to 37 of this Code.
Article 1281. Fund of the initiative group on holding the local referendum
Financing the expenditures related to the collection of signatures in support of the proposal on holding a regional, Minsk city, district, city (in the city of regional subordination) referendum and campaigning on the initiation of a referendum by citizens is carried out at the expense of the initiative group fund.
Initiative group fund for holding a regional, Minsk city, district, city (in the city of regional subordination) referendum may be formed from the following monetary means:
1) voluntary donations of members of the initiative group and other citizens of the Republic of Belarus. The amount of donation of one citizen to the fund on holding a regional, Minsk city referendum may not exceed 10 base units, whereas on holding district, city (in city of regional subordination) referendum – 5 base units;
2) voluntary donations of legal persons. The amount of donation of a legal person to the fund on holding a regional, Minsk city referendum may not exceed 20 base units, whereas on holding district, city (in city of regional subordination) referendum – 10 base units;
The maximum amount of all expenditures from means of the initiative group fund on holding a regional, Minsk city referendum may not exceed 500 base units, on holding district, city (in city of regional subordination) referendum – 100 base units.
The initiative group on holding city (in city of district subordination), settlement and rural referendum is entitled to establish the initiative group fund which may be formed from the following monetary means:
1) voluntary donations of members of the initiative group and other citizens of the Republic of Belarus. The amount of donation of one citizen may not exceed 2 base units;
2) voluntary donations of legal persons. The amount of donation of a legal person shall not exceed 5 base units.
The maximum amount of all expenditures from means of the initiative group fund on holding city (in city of district subordination), settlement and rural referendum may not exceed 50 base units.
The subjects mentioned in part four of Article 481 of this Code are not entitled to make donations in the initiative group fund.
Control over receipts and expenditures of means of the initiative group fund is exercised by the financial authority of the local executive and administrative body which registered the initiative group.
Opening a special account, making donations to the initiative group fund, return of donations, termination of banking operations on the special account and submission of financial reports is carried out having regard to the requirements of Article 1141 of this Code.
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