The Venice Commission and ODIHR make the following key recommendations:

A. Explicitly proclaiming in the law that any measures restricting the right to vote and to be elected must be proportional and temporary, and stating in the law that in making the decision on the (im)possibility to hold elections/referendums/voting, the use of alternative measures to facilitate preserving these rights must be fully explored.

B. Ensuring adequate involvement of the CEC in the decision-making process, whether it retains its decision-making authority or if the decision is taken by the NSDC and the President, as well as interagency collaboration, involvement of relevant experts and public consultation.

C. Any decision on not holding elections, referendums or voting in certain territories should be comprehensively and coherently reasoned, in written form, and published in a timely manner to ensure transparency and public confidence in the decision.

D. The main assessment criteria (for decisions on the impossibility to hold elections/voting or referendums in certain territories) should be determined by parliament after consultation of both the CEC and the NSDC, as well as civil society and should be introduced in the law.

E. Including in the law a non-exhaustive list of authorities competent to assess the security situation regarding the possibility of holding an election or referendum in certain territories, involving the CEC and regional authorities in the assessment process and regulating the manner of collaboration of the bodies involved in this process.

F. Providing electoral stakeholders’ access to an effective system of judicial appeal against decisions on not holding elections/referendums in certain territories, ensuring timely, substantive and independent consideration of complaints and appeals.