Requirements for applications. Procedure for consideration of applications at electoral commissions. Burden of proof

1. Application submitted to electoral commissions must be signed by the applicant, contain his or her name, surname, address of the applicant, date of submission. Application may contain also the telephone number, electronic mail of the applicant. Application must contain the statement of request of the applicant, substantiations provided thereby. The available evidence must be attached to the application.

Where an application is submitted through a representative, a power of attorney issued as prescribed by law must also be submitted.

Carbon copy of the document (the certificate of the established sample) certifying the status of the applicant must be attached to applications submitted by the candidate, proxy, observer, mass media representative, member of electoral commission, authorised representative.

Applications not containing any data or containing false data concerning the applicant, applications submitted in the abuse of a right, applications submitted by a non-competent person, as well as applications submitted in violation of requirements prescribed by paragraph 2 of this part shall not be considered, administrative proceedings shall not be initiated based thereon and electoral commissions shall render decisions on rejecting the initiation of administrative proceedings. In this case, the electoral commission shall have the right to conduct administrative proceedings on its own initiative.

2. Where an application contains formal mistakes that can be corrected, the electoral commission shall correct them itself and notify the applicant thereon before or after taking the action or shall give an opportunity to the applicant to correct those mistakes, prescribing a reasonable time limit. Where the list of documents attached to the application is not complete, the electoral commission shall prescribe a reasonable time limit to complete it. Where the mistakes are not eliminated or the documents are not completed within the specified time limit, the applications shall not be considered; administrative proceedings based thereon shall not be instituted, and the electoral commission shall adopt a decision on rejecting the institution of administrative proceedings. In this case, the electoral commission shall have the right to conduct administrative proceedings on its own initiative.

3. The applicant shall address the application to the electoral commission, which has jurisdiction to resolve the issue raised. Where a deadline for submitting the application is provided for by this Code, the application shall be deemed submitted by the due date, if it has been submitted to the relevant electoral commission prior to the deadline. Applications submitted to the non-competent electoral commission or late applications shall not be considered and shall be returned to the applicant with a letter, indicating the cause thereof.

4. The chairperson of commission shall address the application submitted within a due time limit to the member of commission and shall distribute carbon copies of the application among other members of commission. Issues raised in the application shall be examined by the members of commission. Each member of commission shall have the right to submit a draft decision on the application to be considered at the sitting of the commission. If a member of commission fails to submit a draft decision on rejecting the initiation of administrative proceedings, the administrative proceedings shall be deemed initiated. In case of rejecting the initiation of administrative proceedings, the response to the application shall be sent to the applicant with the signature of the chairperson of the commission.

5. In case of initiation of administrative proceedings, the applicant shall have the right to participate in the consideration of his or her application at the sitting of the commission, provide substantiations, deliver a speech.

6. In case decisions, actions (omissions) of electoral commissions are appealed against before higher level electoral commissions, the party having brought the complaint shall bear the burden of proof of the factual circumstances that it has submitted, and the electoral commission – the burden of proof of the factual circumstances that underlie the decision thereof. The electoral commission considering the complaint shall ex officio seek evidence. The rules prescribed by this part shall also refer to applications on declaring invalid the voting results in electoral precinct or declaring invalid the election results.

7. The response to the application for obtaining information shall be sent to the applicant with the signature of the chairperson of the commission. Where the required information or the document copy is posted on the website of the Commission, the applicant shall be informed thereon and shall not be provided with photocopies or extracts therefrom.

8. Electoral commissions shall take appropriate measures with regard to issues requiring urgent solution. In such cases adopting decisions in the form of a separate act shall not be binding.