Procedure and Terms of Consideration of Complaints
1. Consideration of complaints by the court shall be done in the order stipulated by the procedural legislation taking into consideration the peculiarities stipulated by this Law.
2. Consideration of complaints by an election commissions shall be done in the order stipulated by this Article.
3. A complaint, which fails to meet the requirement of Article 107 of this Law, shall be returned by the head of the Central Election Commission or other member of the Central Election Commission by commission of the head of the Central Election Commission or head or deputy head of district or polling station commission to applicant of the complaint no later than the next day after receiving this complaint; the complaint submitted before Election Day, on Election Day or on the next day after Election Day shall be returned immediately. If a complaint is returned without consideration, exhaustive lists of defects that prevent it from being considered is indicated and contains a notice of possibility to re-submit this complaint, drawn up according to the requirements as stipulated by Article 107 of this Law within the term stipulated by this Law.
4. If the complaint is re-submitted with the defects not being corrected or with new defects, the subject of consideration of complaint shall adopt a decision to leave it without consideration on the matter.
5. A complaint drawn up according to the requirements stipulated by Article 107 of this Law shall be considered by court or a respective election commission at its meeting no later than on the fifth day after receiving the complaint except for the cases stipulated by paragraphs 6 through 8 of this Law.
6. A complaint about violations committed before Election Day shall be considered by an election commission within the period stipulated by paragraph 5 of this Law but no later than the beginning of voting.
7. A complaint about violation committed during voting filed to a polling station commission shall be considered by the latter immediately after the end of voting.
8. A complaint about violation committed on Election Day, during the vote counting or voting result tabulation at a polling station filed to the election commission of the supreme level or court shall be considered by the respective subject of complaint consideration within two days after filing the complaint.
9. If an election commission in the course of complaint consideration decide that it is necessary to examine the circumstances indicated in the complaint by law enforcement authorities, the respective law enforcement authorities upon receiving the request from the election commission, examine the these circumstances and take necessary measures to terminate violation of legislation within three days from the day of receiving such a request from the election commission; and if such request was received by law-enforcement authorities less than three days before Election Day, on Election Day or on the next day after Election Day, it shall act immediately. The respective authorities shall report on the result of examination and measures taken to the election commission that has sent a request.
10. The consideration of a complaint by a subject of consideration of complaint is conducted with obligatory notification of applicant of complaint, subject of complaint and other interested persons by a registered telegram, facsimile or electronic mail on the time and place of consideration. An applicant of complaint, subject of complaint and other interested persons may be notified of the time and place of consideration of the complaint by phone, which fact shall be registered by an official of the subject of consideration in a separate written certificate that shall be attached to the case file (protocol). If those persons who were duly notified of the time and place of consideration fail to show up on the meeting of a subject of complaint consideration, this fact shall not prevent the complaint from being considered.
11. Copies of a complaint and attached documents shall be handed to the subject of the complaint and interested persons in advance, and if this is not possible – no later than the beginning of consideration of the complaint. The subject of the complaint shall have the right to submit written explanations to the matter of complaint, which shall be taken into consideration by the subject of consideration of complaint.
12. The subject of consideration of complaint shall decide on leaving the complaint without consideration if the complaint was submitted by a person not entitled to be an applicant of complaint or the timelines for submitting it were violated.
13. The Central Election Commission when adopting a decision on leaving the complaint without consideration may take into consideration the facts stated in the complaint upon its own initiative.
14. Other issues of the procedure of consideration of complaints by election commissions shall be defined by the Central Election Commission, according to the requirements of this Law.
15. Courts, election commissions and prosecutor authorities shall organize their work during the election process in such a way that provides for an opportunity to receive and consider complaints and applications of election commissions within the terms and under the procedure stipulated by this Law.
