Complaints

(1) Under this Code, a complaint shall mean a request (notification) in written form, including a preliminary request, by which:

a) it is requested the review, partial or complete cancelation, or the issuance of an administrative act by the electoral body, performing an action or obliging the electoral body to take no action;

b) are challenged the actions/inactions, which are considered as illegal, of subjects that are being registered, accredited or confirmed or that are to be registered, hereinafter referred to as electoral subjects;

c) are challenged facts considered as a violation of the coverage of the electoral campaign, broadcasting or placing electoral advertising;

d) are challenged the facts considered as breach of the regulatory framework relating to the financing of political parties, electoral campaigns of nominated candidates, initiative groups and participants in the referendum;

e) are formulated criticisms in regards to other violations of electoral law.

(2) Complaints submitted under the conditions of this Code shall be examined by the electoral bodies in accordance with their hierarchy. In the cases established by this Code, as well as by other normative acts, complaints shall be examined by other bodies (authorities) within the limits of the conferred powers.

(3) Under the paragraph (2), the legality of administrative acts of the electoral body and its actions/inaction are being challenged directly to the hierarchically superior electoral body. After observing the preliminary procedure, the decision of the issuing electoral body, where appropriate, the decision of the hierarchically superior electoral body, in the part of adopting a new solution on the preliminary request, shall be challenged directly in the Court in which territorial jurisdiction the respective electoral body is located.

(4) The complaints provided for in paragraph (1) lit. b) shall be submitted to the electoral body which has registered, accredited or confirmed or shall register, accredit or confirm the electoral subjects whose actions/inactions are being challenged. Decisions of the electoral body on such complaints are being challenged under paragraph (3).

(5) Administrative litigation actions on the legality of the decisions of the Central Electoral Commission and the decisions of the Audiovisual Council that do not relate to the elections coverage, as well as those regarding their actions/inactions, shall be submitted to the Chisinau Court of Appeal, without following the preliminary procedure.

(6) Complaints on financing of political parties, electoral campaigns and of other competitors or electoral subjects shall be submitted to the Central Electoral Commission, with the exception of complaints on the financing of independent candidates, the initiative groups in local elections and the of Mayor registered as a participant in the local referendum, which are being addressed to the District Electoral Councils.

(7) The complaints on media coverage of elections shall be considered by the Audiovisual Council in accordance with the provisions of this Code and the Code of Audiovisual Media Services.

(8) Complaints concerning the preparation and/or placement of the electoral advertising, including the content of such advertising, shall be considered by the electoral bodies in the part concerning the actions/inaction of subjects that are being registered/confirmed or which shall be registered/confirmed by the electoral bodies.

(9) Complaints submitted after the Elections Day may refer to the violation of the right to vote, the organisation of electoral procedures on the Elections Day and/or establishing of the voting results by the electoral bodies, and other infringements by which the complainants’ rights have been violated and influenced the voting results.

(10) The procedure of considering complaints during the electoral period and complaints relating to the financing of political parties and electoral campaigns shall be approved by the decision of the Central Electoral Commission.