Home > 2.4 Complaints and appeals > UKRAINE - Joint Opinion on the Draft Law "On Improving the Procedure for Establishing the Impossibility of Holding National and Local Elections, All-Ukranian and Local Referendums in Certain Territories and Polling Stations"
 
 
 
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Paragraph 46
 

Regardless of which body is the final decision-maker on the impossibility to hold elections/referendums or voting in certain territories, electoral stakeholders should be guaranteed the opportunity to challenge such decisions before an appeal body, as described in Article 2.3 of the ICCPR and Article 13 of the ECHR. The OSCE Copenhagen Document states that everyone should have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity. The Code of Good Practice in Electoral Matters calls for an effective system of appeal in electoral matters and it makes it clear that the appeal body must have the authority in particular over such matters as the right to vote. Moreover, finalappeal to a court must be possible.