Decision Based on the Consideration of a Complaint

1. The decision of an election commission based on the review of a complaint must be just, lawful, and substantiated.

2. When considering a complaint against a decision adopted by the respondent, the election commission shall decide: 1) whether the decision being appealed was indeed adopted by the respondent; 2) whether the decision being appealed was adopted by the respondent on legal grounds; 3) whether the decision being appealed was adopted within the powers and in accordance with the procedure prescribed by the law; 4) which legal norms should be applied to these legal relations and whether the election commission reviewing the complaint is legally competent to review them; 5) whether each of the complainant’s claims should be granted or dismissed; 6) whether the violated rights or legitimate interests of the complainant should be restored by other means; 7) what decisions the respondent should be obligated to adopt or what actions the respondent should be required to take as a result of the cancellation of the decision.

3. When reviewing a complaint against a respondent’s action or inaction, the election commission shall decide: 1) whether the respondent’s action or inaction being appealed indeed took place; 2) whether the action or inaction being appealed was taken by the respondent on legal grounds; 3) which legal norms should be applied to these legal relations and whether the election commission considering the complaint is legally competent to review them; 4) whether each of the complainant’s claims should be granted or dismissed; 5) whether the violated rights or legitimate interests of the complainant should be restored by other means; 6) what decisions the respondent should be obligated to adopt or what actions the respondent should be required to take as a result of the recognition of the actions or inaction as illegal.

4. When reviewing a complaint on its merits, the election commission can uphold the complaint in full or partially or dismiss it.

5. If an election commission upholds a complaint, it can adopt a decision: 1) recognizing the respondent’s decision (or individual provisions thereof), actions, or inaction as failing to comply with the requirements of the legislation on the election of MPs, violating citizen’s electoral rights, or the rights and legitimate interests of an electoral subject; 2) canceling the decision; 3) obligating the respondent to take actions specified by the legislation regulating the organization of and the procedure for the holding of the election of MPs; 4) obligating the respondent to refrain from taking certain actions; 5) restoring by other means the citizen’s violated electoral rights, or the rights and legitimate interests of an electoral subject; 6) obligating the respondent to take actions specified by the legislation regulating the organization of and the procedure for the holding of the election of Members of Parliament that are necessitated by the cancellation of the decision concerned or by the recognition of certain actions or inaction as illegal.

6. Upon finding that the respondent’s decision, actions, or inaction fail to comply with the legislation on the election of MPs, the election commission shall uphold the complaint. When upholding the complaint, the election commission can satisfy all or a part of the complainant’s claims.

7. If a court finds a decision of an election commission to be illegal, including a decision declaring voting at an election precinct to be invalid, a decision on the tabulation of the voting results, or on the establishment of the results of the election of the MPs, then the election commission whose decision was found to be illegal, or the higher lever election commission, shall adopt a decision in accordance with the court’s judgment. In such a case, the election commission may not adopt a decision essentially repeating the one found by the court to be illegal, unless the previous decision was invalidated for formal reasons.

8. Based on a complaint, a court judgment, or on its own initiative, a higher level election commission may cancel a decision of the lower level election commission and adopt a decision on the merits of the issue, or order the lower level election commission to reconsider the issue.

9. An election commission shall dismiss a complaint if it finds that the respondent’s decision, actions, or inaction were taken in compliance with the law, within the legally established scope of the respondent’s powers, and do not violate the electoral rights of the complainant.

10. A copy of the decision of the election commission shall be issued or sent to the complainant, the respondent, the interested persons, the election commission concerned, and other subjects specified in the decision no later than on the day after the adoption of the decision, or without delay if the decision is adopted on the day preceding the day of voting, on the day of voting, or on the day following it. Decisions of the Central Election Commission and of district election commissions based on consideration of complaints shall be published on the official website of the Central Election Commission no later than on the day following the adoption of the decision, or without delay if the decision is adopted on the day preceding the day of voting, on the day of voting, or on the day following it. A district election commission must send a copy of its decision to the Central Election Commission immediately after the adoption thereof. Not later than thirty days after the end of the election process, the Central Election Commission shall publish on its official web-site the generalized information about applications and complaints that were submitted to the Central Election Commission with regard to the MP election process, the results of their consideration as well as the respective information provided by district and precinct election commissions.

{Paragraph 2 was added to Part 10 Article 113 pursuant to the Law № 709-VII dd. 21.11.2013}