Timeline for Lodging Complains
- A complainant must file a complaint with an election commission within two days of the adoption of the decision, action, or failure to act in question, except in the cases specified in Parts two and three of this Article.
- A complaint against a violation that occurred prior to the day of voting must be filed within the terms prescribed by Part one of this Article, but no later than at 22:00 of the day preceding the day of voting.
- A complaint against a decision, action, or inaction of an election commission, or members of a commission, that occurred on the day of voting or during the counting of votes at the election precinct, establishing election results and/or during the transportation of election documents, may be filed with the respective election commission no later than on the next day after the adoption of the decision, the performance of the action, or inaction, but no later than the time of acceptance by the respective election commission of election documents of such election commission in accordance with this Code
- The calculation of time for purposes of a complaint shall commence on the day following the day of the adoption of the decision, the performance of the action, or the failure to act, which constitute an object of a complaint.
- A failure to act shall be deemed to have taken place on the last day when an action legally required to be taken could have been taken.
- The time limit for filing a complaint shall not be extended or renewed, except that a complaint may be re-filed after it has been corrected or updated no later than on the day following day of its return without consideration by the subject of a complaint consideration in accordance with Part two of Article 68 of this Code.
- A complaint shall be deemed to have been filed on the day of its actual receipt by the election commission.
- A change or clarification of the complainant’s claims, after the submission of the complaint to the election commission, due to the discovery of new circumstances previously unknown to the complainant, shall not be deemed a new complaint.
The complainant must prove that the circumstances which led to the change or clarification of his or her claims were not known to the complainant at the time the complaint had been lodged.
The complainant has the right to change his or her claims (change the subject of the complaint without changing the grounds, increase or decrease the amount claimed) by way of a written application within the time period prescribed for submitting a complaint to the election commission.
The clarification of complainant’s claims (amendments, additions made in order to provide greater accuracy to the claims without changing their merits) shall be made by submitting a written application no later than two hours before the meeting of the election commission, where the respective claim is considered.
Applications for change or clarification of the complainant’s claims, submitted after the expiry of the prescribed time period, as well as in respect of which the complainant did not prove that the circumstances which lead to the change or clarification of his or her claims were not known to the complainant at the time the complaint had been lodged, shall be rejected by the election commission, which shall be reflected in their decision.