Home > 2.1 The competent bodies and their tasks > UKRAINE - Law on Elections of the People's Deputies
 
 
 
Download file    
 
 
Article 108.
 

Filing Complaints against Decisions, Actions, or Inaction Related to MP Election


1. An MP candidate registered in accordance with the procedure established by the Law, a party that is an electoral subject through its head, a party’s representative in the Central Election Commission, a party’s authorized person, or other person authorized by a decision of a party’s central administrative body, an MP candidate’s proxy, an official observer, an election commission established pursuant to this Law, or a voter whose personal electoral rights or legally protected interests regarding participation in the election process, including participation in the work of an election commission or acting as an observer, were violated through a decision, action, or inaction of a respondent, can file a complaint with the election commission concerning the election process, having regard to the specifics set forth by this Article and Articles 109 – 113 of this Law.


2. The complainants specified in Part 1 of this Article may, having regard to the requirements of this Law, file a complaint with the relevant election commission regarding a decision, action, or inaction relating to the election process on the part of the following respondents: 1) an election commission or a member of an election commission; 2) a political party that is an electoral subject; 3) an MP candidate; 4) authorized persons of parties, MP candidates’ proxies, official observers from parties, MP candidates, or non-governmental organizations – only in relation to complaints provided for by Part 6 Article 111 of this Law.


3. A party’s head, authorized person, or representative in the Central Election Commission, or an MP candidate’s proxy may act as a representative of the respective party or MP candidate without any additional authorization. The document certifying the authority of a party’s authorized person or a party’s representative in the Central Election Commission or an MP candidate’s proxy shall be an appropriate certificate issued according to the procedure established by this Law.


4. A voter can file a complaint with an electoral commission with respect to a decision, action, or inaction of the respondents specified in Part 2 of this Article if the actions or inaction have violated his or her personal electoral rights or interests regarding participation in the election process. 5. A complaint regarding a decision, action, or inaction of a precinct election commission or a member thereof may be filed with the district election commission that established the respective precinct election commission.


6. A complaint regarding a decision, action, or inaction of a district election commission or a member thereof may be filed with a court. A complaint regarding the inaction of a district election commission may also be filed with the Central Election Commission. 7. A complaint against a decision or action of a political party that is an electoral subject, or of an official or authorized representative of a party, unless that decision is assigned by the law or statute (regulations) to the party ’s internal organizational activities or exclusive competence, may be filed: 1) with the Central Election Commission – regarding a decision or action of a political party that has nominated MP candidates in the nationwide election district; 2) with the respective district election commission – regarding a decision or action of a political party that has nominated MP candidates in a single -mandate district.


8. A complaint against the actions or inaction of an MP candidate may be filed with the Central Election Commission.


{Part 8 Article 108 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


9. Decisions, actions, or inaction of election commissions, members of the election commissions, bodies of executive power, bodies of local self-government, mass media, information agencies, enterprises, institutions, organizations, their officials or employees, creative mass media and information agencies workers, candidates, their proxies, parties, their officials and authorized persons, and official observers that violate election legislation may be challenged in court according to the procedure specified by the Code of Administrative Proceedings of Ukraine.


{Part 9 Article 108 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


10. A court with which an administrative lawsuit relating to the calling, preparation, or holding of the election of MPs has been filed shall immediately notify the Central Election Commission and the respective district and/or precinct election commission of the initiated proceedings and of the decision adopted by the court.


{Part 10 Article 108 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


11. If a court institutes proceedings upon an administrative lawsuit related to the same matter and on the same grounds as a complaint filed with an election commission, the election commission shall, upon being notified of the administrative lawsuit by the court, return such complaint to the complainant without reviewing it no later than on the day following the day of receipt of the court’s notification, with indication of the grounds for its return.