Home > 2.4 Complaints and appeals > UKRAINE - Joint Opinion on the Draft Law on Elections of People's Deputies
 
 
 
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II. Comments on the text of the draft law


K. Complaints and appeals


There is value in avoiding protracted challenges and litigation in election-related disputes and therefore time limits are necessary. However, time limits should not be so restrictive so as to prevent achieving a just resolution. Article 108 requires that a complaint be filed within two days of the action, inaction or adoption of the decision. The time limit is even shorter with regard to events that occur on the day before and on election day. Where the complainant, through no fault of its own, is unable to file a complaint within the time limit the deadline can lead to injustice. Consideration should be given to including an exception to the time limit in those situations where the complainant could not have learnt of the violation through the exercise of due diligence and where the interest of justice requires it.