Procedure and Timeline for Consideration of a Complaint

1. The procedure and timelines for consideration of complaints by election commissions shall be established by the Central Election Commission, taking into consideration the requirements of this Article and of Articles 108 – 110 of this Law.

2. A complaint failing to meet the requirements set forth in Article 110 of this Law shall be returned to the complainant without consideration, accordingly, by the Head of the Central Election Commission or by another member of the Central Election Commission authorized by the Head of the Central Election Commission, or by the head or deputy head of a district or precinct election commission no later than on the day following the day of its receipt ; and a complaint filed on the day preceding the day of voting, on the day of voting, or on the day following it shall be returned without delay. If a complaint is returned without consideration, it shall be accompanied with an exhaustive list of the defects that prevent it from being considered, along with notice of the right to refile the complaint in accordance with the requirements of Article 110 of this Law within the time limit prescribed by this Law.

3. If a complaint is re-filed, but does not address the defects identified or suffers from new defects, the election commission shall adopt a decision refusing to consider the complaint.

4. A complaint prepared in compliance with the requirements of Article 110 of this Law shall be considered by the respective election commission at a meeting no later than on the second day after the receipt thereof, except the cases specified by Parts 5 – 7 of this Article.

5. A complaint relating to alleged violations that occurred before the day of voting shall be considered by the election commission within the time limit prescribed by Part 4 of this Article, but no later than at 24:00 of the day preceding the day of voting.

6. A complaint relating to alleged violations that occurred during the voting which is filed with a precinct election commission by complainants specified in Clause 4 Part 2 Article 108 of this Law shall be considered by the commission immediately after the end of the voting.

7. A complaint relating to alleged violation that occurred on the day of voting or during the counting of votes at the precinct that is filed with a higher level election commission shall be considered by the respective election commission within two days of the day on which it was filed.

8. If in the course of consideration of a complaint an election commission decides that the facts cited in the complaint should be investigated by law- enforcement bodies, the respective lawenforcement bodies shall, on the basis of a request from the election commission, investigate these facts and take appropriate action to stop the violation of the legislation within three days following the day of the receipt of the request of the election commission, or immediately, if such a request is received less than three days prior to the day of voting, or on the day of voting, or on the day following it. The law enforcement bodies shall immediately report on the results of the investigation and on the measures taken to the election commission that forwarded the matter to them.

9. The complainant, the respondent, and other interested persons shall be notified in advance, by a registered telegram, fax, or email of the time and place of the consideration of a complaint. The complainant, the respondent, and the interested persons may be notified of the time and place at which a complaint will be considered by telephone, provided that such action is documented by an employee of the election commission in a separate written report, which shall be attached to the case file (protocol). Failure of the duly notified persons to attend the meeting of the election commission shall not prevent the complaint from being considered.

10. Copies of the complaint and of the documents attached thereto shall be provided to the respondent and the interested persons in advance, or, if this is impossible, no later than at the beginning of the meeting at which the complaint is to be considered. The respondent shall have the right to submit a written response on the issues raised in the complaint, which shall be considered by the election commission.

11. The election commission shall adopt a decision dismissing a complaint without consideration if it is filed by an improper complainant, against an improper respondent, or in violation of the time limit for lodging a complaint prescribed by Article 109 of this Law.

12. When deciding whether to dismiss a complaint without consideration, the Central Election Commission shall be allowed on its own initiative to undertake an investigation of the facts cited in the complaint.