Decisions Based on the Consideration of a Complaint
1) whether the complaint was filed by an appropriate subject of filing a complaint, as established by this Code;
2) whether the complaint consideration falls within the competence of an election commission (appropriate subject of a complaint consideration);
3) whether a complainant has complied with the timeline for lodging complaints, as established by this Code.
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) whether the demands laid out in the complaint are substantiated by the evidence provided;
5) which legal norms should be applied to these legal relations;
6) whether each of the complainant’s claims should be granted or dismissed;
7) whether the violated rights or legitimate interests of the complainant should be restored by other means;
8) 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.
1) whether the respondent’s action (inaction) being appealed indeed took place;
2) whether the action (inaction) being appealed was taken by the respondent on legal grounds;
3) whether the demands laid out in the complaint are substantiated by the evidence provided;
4) which legal norms should be applied to these legal relations;
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 recognizing the action or inaction being appealed illegal.
1) recognizing the respondent’s decision, or individual provisions thereof, actions, or inaction as failing to comply with the requirements of the legislation (being illegal), violating citizens’ electoral rights, or the rights and legitimate interests of an electoral subject;
2) cancelling the decision being appealed;
3) obligating the respondent to take actions specified by the legislation regulating preparation for and conduct of elections;
4) obligating the respondent to refrain from taking certain actions;
5) restoring by other means the citizens’ 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 preparation for and conduct of elections that are necessitated by the cancellation of the decision concerned or by the recognition of certain actions or inaction as illegal.
11. A higher-level election commission may, upon consideration of the complaint, on the basis of a court decision or upon its own initiative, revoke the decision of a lower level election commission and make a decision on the merits of the issue.
12. 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 law enforcement bodies shall, on the basis of the 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 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 (day of repeat voting), on the day of voting, or on the day following it. Law enforcement bodies shall report on the results of the investigation and on measures taken to the election commission that forwarded the matter to them.
13. An election commission shall dismiss a complaint if it finds that:
1) the contested decision, alleged action or inaction by the responded is made in accordance with the law, does not exceed the powers provided by law, does not violate voters’ voting rights, right and legitimate interest of other subject of the election process;
2) the complainant did not provide proof of the violation of electoral legislation by the responded, and the evidence available in the materials of the complaint is not enough for an election commission to establish it as fact;
3) the voter did not prove that the decision, action or inaction by the responded violates his or her personal voting rights or legally protected interests relating to the participation in the election process;
4) at the time of consideration of the complaint by the election commission, a member of the election commission being the responded has taken the necessary actions, revoked the contested decision, or otherwise renewed the complainant’s rights in accordance with this Code (the subject of appeal is absent);
14. A copy of the decision of the election commission shall be issued or sent to the complainant, the respondent, the parties concerned, the election commission concerned, and other subjects specified in the decision no later than on the day following the day when a decision was adopted, or without delay if the decision is adopted on the day prior to the day of voting, on the day of voting, or on the day following it.
