Appeals Against Decisions, Actions or Inaction Related to the Election of Deputies
1. The voters, the parties (blocs of parties) and candidates for deputy shall have the right to appeal against the decisions, actions or inaction of the subjects specified in Paragraphs 2 and 3 of this Article, and the election commissions shall have the right to appeal against the decisions, actions or inaction of the subjects specified in Paragraph 2 of this Article.
2. Appeals against the decisions, actions or inaction of the bodies of state authority, local self-government bodies, enterprises, institutions and organizations, their public officers and officials, as well as acts and actions of associations of citizens, except for those which according to the law, the statute (regulations) refer to their intraorganizational activities or to their exclusive competence, may be lodged with the court.
3. Appeals against the decisions, actions or inaction of the election commissions and members of the election commissions may be lodged with the higher election commission or with the court.
4. Appeals against the decisions, actions or inaction of a polling station election commission and its members may be lodged with the local court the jurisdiction of which spreads over the territory of location of the respective polling station, and appeals against those of a constituency election commission and its members may be lodged with the appeals court the jurisdiction of which spreads over the territory of location of this constituency election commission.
5. Appeals against the decisions, actions or inaction of the Central Election Commission and its members may be lodged with the Supreme Court of Ukraine.
6. A complaint may be lodged with the respective election commission or court within seven days from the date of passing the decision, taking action or inaction. As regards the violations that had place before the day of elections, a complaint may be filed not later than at 12.00 p.m. of the day preceding the date of elections. As for the violations that had place in the course of voting, a complaint may be lodged with the respective election commission no later that at 12.00 p.m. of the day of elections, and it may be lodged with the higher election commission or with the court not later than at 12.00 p.m. of the day following the date of elections.
7. A complaint lodged with the election commission must contain the following:
1) title of the election commission which the complaint is lodged with;
2) full name (first, middle and last name), the address of residence of the citizen of Ukraine or the accurate name and location of the legal entity – complainant;
3) the kernel of the problem;
4) statement of claims;
5) statement of facts with the indication of the evidence on which the complainant grounds his/her claims;
6) signature of the complainant (the representative of the legal entity – complainant) and the date of filing the complaint.
8. A complaint received by the respective election commission or the court shall be considered within five days from the date of its receipt, but not later than on the day preceding the date of elections, and a complaint lodged on the day of elections or the next day shall be considered without delay.
9. A complaint filed without complying with the requirements specified in Paragraph 7 of this Article shall be returned to the complainant (the representative of the legal entity – complainant) with the appropriate explanations no later than the next day after the date of receipt of the complaint.
10. Should the election commission, upon consideration of a complaint, deem it necessary to request the law-enforcement agencies to verify the facts stated in the complaint, the respective agencies, following such a request of the election commission, shall verify the facts and take appropriate measures to stop violation of the legislation within five days from the date of receipt of the request, and if this request is received less than five days before the date of elections or on the day of elections or the next day after the elections they shall do the same without delay.
11. The term of lodging a complaint established by this Law is not subject to extension or revision. The complaints filed upon expiration of this term shall remain unconsidered.
12. If the court entertains a complaint, and this complaint with the statement of the same claim and the same facts is lodged with the election commission the latter shall terminate consideration of this complaint till the court judgment comes into legal force. The court shall be obliged to notify this election commission and the higher election commission about the receipt of the complaint or about coming of the judgment into legal force no later than the next day after the date of receipt of the complaint or the date of coming of the judgment into legal force, respectively.
13. In case the decision of the election commission is overruled by the court, the decision on this issue shall be made by the election commission whose decision was overruled or the higher election commission on the basis of the court judgment.
14. The higher election commission, on the basis of a complaint, the court judgment or on its own initiative, may overrule the decision of the lower election commission and take a decision to the point of the matter or to oblige the lower election commission to reconsider the complaint.
15. Courts, prosecutor’s offices and election commissions shall organize their work in the course of the electoral process (including the weekends) so as to ensure consideration of complaints within the terms established by this Law.
