Rinkimų įstatymų pažeidimų nagrinėjimo ypatumai ; Pecularities of the investigation of the election laws violation

Abstract

Summary Lithuania elects the President of the Republic, the parliament of the Republic of Lithuania (Seimas), the Parliament of Europe and the municipal councils. All those elections are organising and conducting by the Central Electoral Committee, which is a permanent supreme state institution for elections and referendums, provided for in the Constitution of the Republic of Lithuania. Some of the tasks of Central Electoral Committee are to resolve all the disputes and to investigate complaints concerning election campaigning; supervise the implementation of election laws, declare results of elections invalid. Decisions of the Central Electoral Commission or its other acts, except decisions of the Central Electoral Commission which have been adopted after closing of the polls during parliamnt`s election, may be appealed to the Supreme Administrative Court of Lithuania. The decision of the Supreme Administrative Court of Lithuania shall become effective from its pronouncement. Decisions of the Central Electoral Commission or its other acts which have been adopted after closing of the polls during parliamnt`s election may be appealed to the Seimas or the President of the Republic. In such cases, the Seimas or the President of the Republic shall, not later than within 48 hours, appeal to the Constitutional Court with the inquiry concerning the violation of the elections. The Constitutional Court shall investigate and evaluate the decision of the Central Electoral Committee. Basing itself on the findings of the Constitutional Court, the Seimas shall adopt the final decision concerning the violation of the elections. If the Constitutional Court makes a conclusion that the Law on Elections to the Seimas has been severely violated or election documents have been falsified and this has had an essential influence on the establishment of the election results, the Seimas of the Republic of Lithuania may to declare the elections invalid; or to establish real essential election results according to the vote counting records or other election documents submitted by electoral committees. Also, the Seimas shall pass a resolution on legally and illegally elected Seimas members. Criminal violations which election laws or Criminal Code defined to be criminal in nature and providing penalty of imprisonment and/or fine are judged by regular courts. It should be noted that regular courts can not declare the results of the elections invalid.