112-1.1. in order to investigate complaints on actions (lack of actions) and decisions that violate citizens’ election rights relevant expert groups shall be created at the Central Election Commission composed of 9 members, and at the Constituency Election Commission composed of 3 members. Commissions’ lawyer members may be included in the composition of these groups. Rules for establishing expert groups shall be determined by the Central Election Commission.
112-1.2. Rules for handling citizens’ complaints shall be established by the Central Election Commission.
112-1.3. The election commission must register received complaints, in numerical order with dates of receipt.
112-1.4. Once the complaint is registered the expert group will have the following responsibilities:
to issue an opinion on the complaint to the relevant election commission together with the investigation documents;
112-1.4.1. to issue an opinion on the complaint to the relevant election commission together with the investigation documents;
112-1.4.2. to require additional information about the complaint;
112-1.4.3. to apply to the relevant state body through the Central Election Commission for additional information;
112-1.4.4. to obtain additional evidence (video, written materials etc.) if necessary;
112-1.4.5. to take other actions determined by the Central Election Commission.
112-1.5. The expert groups within the Constituency Election Commission must follow the following rules when citizens submit complaints:
112-1.5.1. Receive the written complaint and register it if it is made in person;
112-1.5.2. if the complaint is submitted in person, the applicant must be given a receipt on the complaint;
112-1.5.3. if the complaint is received in violation of the rules established by this Code, an opinion must be issued on sending the complaint back to the applicant;
112-1.5.4. if the complaint is under the jurisdiction of the commission that received the complaint and of another body, the expert must propose that the Constituency Election Commission consider the complaint on its substance and that it resolve the issues within the commission’s responsibilities and send the other issues under another body’s responsibilities to that other body for resolving.
112-1.5.5. if the Constituency Election Commission receives a complaint from the election subjects containing criminal actions related to the elections, the group shall investigate the issue in conformity with Articles 112-1.4 and 112-1.11 of this Code, and must issue an opinion to the Constituency Election Commission on taking actions about the issues within its responsibilities, on making a grounded decision on informing the Prosecutor’s Office about the actions if it is concluded that actions considered by the Criminal Code took place. (A copy of the complaint shall be attached to the information provided.)
112-1.5.6. If the expert has difficulties in establishing whether there are actions or probability of such actions considered by the Criminal Code while investigating the complaint, the Constituency Election Commission, along with recommendation to take actions within its responsibilities established by this Code, must state an opinion on sending the complaint to the Central Election Commission for it to make an opinion on this issue.
112-1.5.7. if the Constituency Election Commission receives a complaint from the election subjects containing criminal actions related to the elections, and if the expert concludes that actions considered by the Criminal Code took place, the expert shall issue an opinion on informing the relevant Prosecutor’s office about those actions. A copy of the complaint shall be attached to the information provided.
112-1.6. The expert group within the Central Election Commission must follow the below mentioned rules along with Article 112-1.5 of this Code:
112-1.6.1. Make recommendations for a relevant decision by the Central Election Commission following the Articles 60.6, 68.5, 87.9, 88.7, 88.8, 113, 115 and 116 regarding the complaints about illegal actions of other bodies and officials that are not related to the actions (lack of actions) or decisions of the election commissions.
112-1.6.2. If the relevant expert group’s official does not take measures that can satisfy the applicant, a complaint can be filed about an action (lack of action) against the official of the group in accordance with this Code.
112-1.6.3. if the written complaint is of a criminal nature but does not relate to elections, such a complaint must be sent to the Prosecutor’s office by the Central Election Commission immediately.
112-1.6.4. While discussing the complaint received from the Constituency Election Commission, the expert shall give an opinion in order to establish whether the violation reported in the complaint is a criminal case established by the Criminal Code, and determine the probability of a criminal action.
112-1.6.5. if the expert determines that those are the cases mentioned in Article 112-1.6.4, s/he shall issue an opinion to send the complaint to the relevant prosecutor’s office by the Central Election Commission.
112-1.6.6. if the cases mentioned in Article 112-1.6.4 or other violations are not determined in the complaint received, then an opinion shall be made on the case that it shall be archived.
112-1.6.7. if it is refused without any ground to investigate the complaints considered by Article 112.5, then the Central Election Commission shall take actions within its responsibilities on imposing the liability on the official (officials) of the Constituency Election Commission and its expert group in compliance with the rules established by the legislation.
112-1.7. Rules for conducting meetings related to investigation of complaints by the election commission shall be determined by the Central Election Commission. if the applicant expressed willingness to attend the meeting in his/her appeal, s/he must be personally informed, about the place and time of the meeting by telephone or mail, a day prior to the meeting.
112-1.8. The expert shall inform about the complaint at the meeting. if the applicant or his/her authorized representative is present at the meeting s/he can explain the complaint. A representative of the Constituency Election Commission whose decision is under discussion can be invited to the meeting of the Central Election Commission and s/he has the right to justify the decision made.
112-1.9. The applicant has the right to present new evidence via documents or expert.
112-1.10. The expert that investigates the complaint must issue an opinion within the period established by Article 112.10. if additional investigation is needed, the relevant election commission can make a decision. Such a decision must be made within 3 days, but within 2 days if there are less than 30 days prior to the voting day (but no later than the voting day) from the date of receipt of complaint, and immediately on Election Day. Extended period for investigation shall not exceed 3 days.
112-1.11. Members of the expert groups that investigate the complaints can make the following opinions:
112-1.11.1. on cancellation of the decision of a lower election commission;
112-1.11.2. on warning the election subject in conformity with Article 113.1 of the Election Code;
112-1.11.3. on refusal of registration of a candidate in cases established by Article 113.2 of the Election Code;
112-1.11.4. on appealing to the court for deregistration of a candidate in cases established by Article 113.2 of the Election Code.
112-1.11.5. on instructing to re-examine the issue raised by the applicant by the relevant election commission;
112-1.12. if the complaint is not within the responsibilities of the expert group a decision on sending the complaint to the relevant institution is made by relevant election commission;
112-1.13. An opinion is announced immediately after it is made by the expert, or published together with the decision of the relevant election commission (posted on website) not later than 18 hours after it is made and is delivered or sent to the applicant.
112-1.14. Opinion of the member of expert group must be based on the following:
112-1.14.1. The complaint must be received within the rules and period established by the law, i.e. within 3 days after the action (lack of action) took place or interested party is informed.
112-1.14.2. Complaints must be submitted by the person (according to Article 112.1, voters; candidates; registered candidates; political parties; blocs of political parties; referendum campaign group; agents of registered candidates, political parties, blocs of political parties, referendum campaign group; observers as well as election commissions) who have such a right.