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Out of pre-election campaign, control over the CEC's competence


Out of pre-election campaign, control over the competence of the CEC is out of the CEC. The CEC informed about this.

"Pre-election campaign period" pre-election campaign "is the period of public resources, propaganda in order to ensure equal opportunities of the elections," pre-election campaign ". Rules of implementation and financial transparency - the rules established by this Code.

Provided in the pre-election campaign period does not limit the implementation of propaganda during another period not prohibited by this Code.

The pre-election campaign period begins on the 5th day of the last day of the deadline for the date of the voting on the last day of the voting for the registration of candidates. During that period, propaganda is called pre-election campaign.

In the second round of the National Assembly, the election campaign begins after the decision to hold a second round of elections, from the eighth day. And by groundwater broadcasting by audio service providers, as well as advertising through advertising on the Internet. "

The above-mentioned settings of the Electoral Code states that the parties participating in the election period are obliged to operate exclusively by the rules defined by the Electoral Code so that everyone has equal opportunities.

In order to ensure equal opportunities for parties and candidates for the election campaign, the legislator has established concrete rules for the use of public resources and ensuring financial transparency, within the framework of which he has pleaded restrictions on the freedom of expression.

The specified period is the unique period when there are these rules for the restrictions on the rest of the year, including the day of the election campaign. Article 42 of the RA Constitution stipulates:

"1. Everyone has the right to express his opinion freely. This right includes having one's own opinion, as well as the intervention of state and local self-government bodies, regardless of the state boundaries, to seek, receive and distribute information and ideas.

2. Freedom of the press, radio, television and other other means is guaranteed.

The state guarantees the activities of independent public television and radio, which offers a variety of information, educational, cultural and entertainment programs.

3. The freedom of expression of opinion may be limited to the law, state security, public order, health and morality or other basic reputation and other basic rights and freedoms. "

Restriction of freedom of expression in international human rights standards may be dictated only by the need for these restrictions in democratic states. They are aimed at preventing the abuse of freedom of expression, protecting the interests of the law or other goals provided by law.

It should be noted that according to Part 7 of Article 19 of the Electoral Code, the election commissions monitor the maintenance of the procedure established by the election campaign, the Electoral Code or the legislation adopted by the legal acts.

It is obvious from the above that the control over the campaign outside the pre-election campaign is beyond the competence of electoral commissions, "the statement said.

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