The Procedure for Submitting a Request to the Commission
1. Voters, election commissions, commissions on referendum, other subjects of the election and referendum processes, bodies of state power, bodies of local self-government, associations of citizens, enterprises, institutions and organizations independent of the form of ownership, foreigners or persons without citizenship, as well as bodies of power of foreign states and international organizations have the right to address the Commission with a request in accordance with the procedure established by this Law, the Law of Ukraine “On addresses of citizens” and other laws of Ukraine. As well a single person (individually) or a group of persons (collectively) may submit a request.
2. A request submitted to the Commission shall be subject to registration in accordance with the procedure established by the Commission.
3. The following shall be considered a request pursuant to this Law:
1) An application, which contains a request to facilitate the exercise of electoral rights and the right to take part in referenda, to provide consultative-methodological assistance or recommendations in relation to the preparation and conduct of elections and referenda, or clarifications about the application of the legislation of Ukraine on election and referenda or which express opinions, recommendations or advice aimed at improving the legislation of Ukraine in relation to elections and referenda and the legal regulations of elections and referenda in Ukraine, or aimed at enhancing the activity of election commissions, commissions on referenda etc;
2) A complaint, which contains information about violations of the legislation of Ukraine on elections and referenda and a demand to ensure the exercise and protection of electoral rights, the right to take part in referenda or the legal interests of subjects of the election and referendum processes, or a demand to reinstate violated electoral rights or rights to take part in referenda.
4. Complaints shall be submitted and considered according to the procedure and within the terms established by the respective law of Ukraine on elections or on referenda.
5. An application may be submitted to the Commission in written or oral form. An application in oral form shall be submitted to members of the Commission personally during their reception hours and shall be taken down in accordance with the procedure established by the Commission.
6. A written complaint submitted to the Commission must contain:
1) The name of the Commission or the surname of the member of the Commission to whom the person applies;
2) The surname, name and patronymic, the place of residence of the physical person or the precise name and location of the physical person – the applicant;
3) The essence of the raised issue, an outline of the circumstances and factual data that are of importance for resolving the application;
4) The content of the request or recommendation;
5) The signature of the applicant or his representative if the applicant is a legal person;
6) The date of the application.
7. Applications which do not comply with the formal requirements established in part six of this article shall be returned to the applicant with the respective clarification within the terms established by the Law of Ukraine “On addresses of citizens”, if another term is not established by the respective law of Ukraine on elections or referenda.
8. If it is not within the authorities of the Commission to resolve the issue raised in the application, the application shall be forwarded, depending on the subject, to the respective body of state power, body of local self-government, enterprise, institution, organization, political party or other association of citizens, or officer or official within the terms established by the Law of Ukraine “On addresses of citizens”.
9. If the application does not contain the necessary data for taking a justified decision to essentially resolve the issue raised in the application or to forward the application depending on the subject, such an application shall be returned to the applicant with the respective clarifications within the terms established by the Law of Ukraine “On addresses of citizens”, if another term is not established by the respective law of Ukraine on elections or referenda.
10. A complaint submitted to the Commission must contain:
1) The name of the Commission to which it is submitted;
2) The surname, name and patronymic, the place of residence of the person who submits the complaint, or the precise name and location (office postal address) of the subject submitting the complaint – the legal person or another collective subject of the election process or the process of referendum;
3) The name of the subject of the complaint and his postal address;
4) The essence of the raised question (the issue of the complaint);
5) The formulated demands;
6) An outline of the circumstance and the specified evidence on which the complainant bases his or her demands;
7) A list of documents and materials attached;
8) An indication of the interested persons whom the subject submitting the complaints consider necessary to include in the consideration of the complaint;
9) The signature of the complainant (representative of the subject submitting the complaint – the legal person or another collective subject of the election process or the process of referendum);
10) The date the complaint was signed.
11. A complaint which do not comply with the formal requirements in part ten of this article shall be returned to the subject who submitted the complaint or to his or her representative with the respective clarifications no later than the following day after the day the complaint was received if another term is not established by the respective law of Ukraine on elections or referenda.
