NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
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41. While examining requests to invalidate the election of a specific
candidate, the relevant electoral commission has a right to hear submissions
of citizens and officials as well as obtain required documents and materials
(Article 112.8).
42. The relevant electoral commission shall adopt a decision on any
complaint submitted during the election period and deliver it to the
complainant within three days of receipt of the complaint, except for
complaints submitted on election day or the day after election day, which
shall be examined immediately (Article 112.10).
43. Complaints concerning decisions of electoral commissions shall be
examined by courts within three days (unless the Electoral Code provides
for a shorter period). The period for lodging an appeal against a court
decision is also three days (Article 112.11).
44. Persons illegally interfering with the election process and otherwise
violating electoral rights of voters and candidates may bear criminal, civil or
administrative responsibility under the Criminal Code, the Civil Code or the
Code of Administrative Offences (Article 115).
3. Vote-counting, tabulation and approval of election results
45. After the count of votes in a polling station at the end of the election
day, the PEC draws up an election protocol (in three original copies)
documenting the results of the voting in the polling station
(Articles 106.1-106.6). One copy of the PEC protocol, together with other
relevant documents, is then submitted to the relevant ConEC within
twenty-four hours (Article 106.7). The ConEC verifies whether each PEC
protocol and documents attached to it comply with the law and whether
there are any inconsistencies (Article 107.1). After submission of all PEC
protocols, the ConEC tabulates, within two days of election day, the results
from different polling stations and draws up a protocol (in three original
copies) reflecting the aggregate results of the vote in the constituency
(Articles 107.2 -107.7). One copy of the ConEC protocol, together with
other relevant documents, is then submitted to the CEC within two days of
election day (Article 107.4). The CEC verifies whether the ConEC protocols
comply with the law and whether they contain any inconsistencies
(Article 108.1) and draws up its own final protocol reflecting the results of
the elections in all constituencies (Article 108.2).
46. The Constitutional Court reviews and approves the results of the
elections (Article 171.1). For this purpose, the CEC reviews the ConEC
protocols, together with other relevant documents, during a period of no
more than twenty days after election day, and then submits them to the
Constitutional Court within forty-eight hours (Article 171.2).
47. Within ten days of receipt of the above documents, the
Constitutional Court reviews, with the assistance of experts, whether they
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