III. Comments on the Text on the Draft Electoral Law
K. Complaints and appeals
The complaints and appeals system should be transparent, with the publication of complaints, responses, and decisions. Transparency provides assurance to complainants and voters that electoral malfeasance has been corrected as well as serving as a potential deterrence to future misconduct. This principle is partially implemented with Article 31.2.20 of the draft electoral law, which requires each DEC to submit to the CEC “information on the applications and complaints lodged” and “results of their review”. Transparency in the determination of rights in legal proceedings is an established principle and consistent with Article 129 of the Constitution of Ukraine which counsels for “openness” and preservation of evidence in the determination of rights. The Venice Commission and the OSCE/ODIHR recommend that complaints, responses, and decisions of all election commissions be published on the CEC website to enhance transparency in the resolution of electoral disputes.