The district election commission (DEC) Lepiel constituency №23 decided to reprimand the candidate for the alleged violation of the electoral code. To have grounds for such a decision, members of the commission "supplemented" the code, or rather its article 77, own text.
Egor Levachev with the OIC's decision not to agree, and to appeal to the Viciebsk regional territorial election commission.
Article 77 of the Electoral Code requires candidates to go on unpaid leave for the duration of the campaign: "The candidates for the House of Representatives (other than the Chairman of the House of Representatives) are exempt from execution of labor (service) duties from the day of registration before election day without pay. The reason for this exemption is the decision of the commission on registration of the candidate and a statement of the candidate the employer to grant him a leave without pay to participate in the pre-election events."
Immediately after the registration of a candidate Yegor Levachev did everything in accordance with the cited provision Code: filed the necessary application to the National Children's educational and health center "Zubrania", where he works, and confirmation that really went on vacation at the time of the campaign, – a note on leave , signed by the inspector on the staff (an electronic copy of the document) – passed in the OIC.
However, members of the committee is not satisfied. What is written in the Electoral Code, it was not enough, and in the decision on the prevention of an opposition candidate, they, referring to the said article, said: "The release of the candidate from performing labor (service) duties executed by order of the employer. A copy of the order the employer to grant leave MP candidate shall submit to the district election commission on the day after the publication of the relevant order by the employer."
Although nothing is not in the 77th, in any other article of the Electoral Code, it has not prevented the OIC to inform the applicant, which is now threatened with removal from the race: "Failure to do so is a violation of the electoral law."
With regard to the document on vacation, which Yegor Levachev filed in the OIC, according to the commission's decision, "the document presented did not fully comply with instructions in proceedings before state bodies, other organizations, approved by the Ministry of Justice of the Republic of Belarus of January 19, 2009 №4, Republic Act Belarus of December 28, 2009 №113-Z "on electronic document and electronic digital signature"."
What do you mean, "not fully", how exactly were violated these instructions and the law, there is in these violations, if they were still, any fault of candidate Levachev (after all, not he himself designed the document on vacation and specialist HR) – the answers to these questions in the decision of the OIC not.
The document, drawn up by Lepiel OIC is not clear that the candidate of the "Tell the Truth" something broke, and if the violation of some regulations and has taken place, it was not committed to them, and his employer, however OIC They argue that, in deciding on Yegor Levachev, guided by electoral law.
A decision – not only "to warn the candidate for the House of Representatives on Lepiel constituency №23 Levachev EV for violation of the Electoral Code of the Republic of Belarus during the pre-election activities, "but also" in the case of repeated violations of the Electoral Code of the Republic of Belarus and other acts of the Republic of Belarus on elections legislation to cancel the decision on registration of a candidate for the House of Representatives. " In other words, a repeat offense, even according to the OIC, has not, and the decision to cancel the registration of a candidate, if something is broken, is already there.
However, it is quite soft decision: before the OIC sent a letter Levachev with a warning that if he does not submit to the Commission the original document on vacation, the Commission will consider the abolition of registration – that there would be enough of an excuse that the panel called a violation of the election code, not two as they are now. Although the ability to see in Lepiel OIC Electoral Code those rules, which it does not, there is no doubt that, if necessary, "repeated violation" will be.