However, on September 11, 2000, Yarmoshyna signed a resolution on the use of the state-run mass media during the election campaign and the elections. On September 14, the document entered into force. The resolution is based on paragraph 8 article 33 of the Electoral Code, which says that the CEC determines the use of the state-run media in the election campaign. The CEC resolution names 7 national newspapers that may publish candidates' platforms. It also establishes the norms of TV and radio airtime for candidates.

The resolution by the Central Election Commission is an ordinary technical document, or a by-law. Being a by-law, it cannot be at variance with laws, leave alone substitute them.

Paragraph 1 of the CEC resolution duplicates part 2 of article 46 of the Electoral Code and gives a precise definition of the state-run mass media. Perhaps, such a detailed description is justified, given the attitude of some officials, especially local ones, to the non-state mass media.

The Electoral Code does not provide for using the non-state media in the election campaign on a par with the state-run ones. Which means that the non-state mass media are independent and can publish election materials at their discretion. Nobody can interfere in their editorial policy if they act within the law on the press and other mass media.

In this light, paragraph 13 of the resolution contradicts the Electoral Code and other laws. It says that if the non-state mass media take part in the election campaign, they are obliged to ensure equal conditions for the candidates to make public their platforms. If the non-state mass media provides a space or air to one candidate, it is obliged to provide the same opportunity to all other candidates who want to express their views. Paragraph 13 also says that the non-state mass media cannot charge candidates for publishing their programs.

The reference to paragraph 1 of article 33 of the Electoral Code, which the CEC believes to be a sufficient legal ground for paragraph 13 of the resolution, is invalid. Paragraph 1 says that the CEC holds elections, controls the execution of the electoral law, explains the electoral law and if necessary, comes up with proposals on the interpretation of the electoral law. Paragraph 1 says nothing about the mass media and possible interpretation of their role in the electoral process. The CEC exceeded its authority in its resolution, having interpreted the provisions of the Electoral Code in its own way.

As a result, the electoral law received an obligatory norm for the independent mass media. Now they are obliged to publish, on specific terms, platforms of all candidates, unlike the state-run ones, whose number is limited to 7 in the resolution.

In its resolution, the CEC assumed the law-making functions. Beside the Electoral Code, it violates a number of other laws, for example, the law on the press. Article 48 of the press law provides for the liability of state officials for the encroachment on the mass media freedom. According to the law, officials cannot censor publications, interfere in the editorial board's activities and make journalists disseminate information.

The resolution of the CEC triggers a number of negative consequences for the non-state mass media. One of the threats comes from the supervisory board for information disputes under the CEC. It consists of six representatives of state organizations and will hardly be objective to the independent media. That was one of the reasons for the Belarusian Association of Journalists to refuse the CEC's invitation to join the Board. Now, given the resolution, any candidate turned down by independent media can complain to the supervisors.

Luckily, the Supervisory Board cannot take any punitive measures with respect to those who violate the resolution. Besides, while making their conclusion on the "violations", the Board will have to refer mostly to the provisions of the Electoral Code, rather than the CEC resolution.

According to the resolution, candidates are given up to 5 minutes on national and regional radio and 5 minutes on national and regional TV in prime time. It is doubtful whether more than 500 candidates will manage to use the 5 minutes on air without disputes and scandals. To be on the safe side, all the broadcasts featuring candidates' programs will be previously recorded before being transmitted.

All the problems mentioned can affect ordinary candidates. Those who follow the election campaign, could notice that for some candidates, the Belarusian TV started the election propaganda long before it was officially permitted. Naturally, as the campaign goes on, such candidates will find a way to appear on TV more often.