Evidences
1. The evidences, based on which an election commission establishes the presence or absence of circumstances that justify the demands or protests of an applicant of complaint, subject of complaint or interested persons, as well as other circumstances that are essential for proper consideration of a complaint may be:
1) written documents and materials (including those in electronic form) that contain information about circumstances that are essential for proper consideration of a complaint;
2) written explanations of subjects of election process, officials and civil servants of executive authorities, bodies of self-government, enterprises, institutions, entities and organizations, respective law enforcement authorities, received upon the request of a subject of consideration of complaint, including members of an election commission to exercise authorities of the election commission;
3) material evidences;
4) experts` conclusions, provided in written form on request of an election commission - a subject of complaint consideration, - an applicant of a complaint or subject of complaint;
2. An election commission shall receive evidence from an applicant of complaint, a subject of complaint or interested persons. An election commission - the subject of complaint consideration - may request (order) additional evidence upon its own initiative or upon the request of an applicant of complaint, subject of complaint or interested persons.
3. If an applicant of the complaint, subject of the complaint or interested person fails to provide evidences to prove the circumstances that they refer to, the election commission shall consider the case upon available evidences.
4. An election commission shall take into consideration only those evidences that have relation to the consideration of complaint. The fact of rejection of evidences those are not important for complaint consideration or do not have evidential force should be stated in the decision of election commission - the subject of complaint consideration.
5. Circumstances (facts), proving of which requires certain means stipulated by law, may not be proved by any other means.
6. Written evidence shall be submitted in original or in the form of a duly certified copy. If a copy of written evidence is submitted, an election commission shall have the right to demand submission of an original or order original of written evidence on its own initiative. After consideration of a complaint, an election commission, upon the request of the owner of a document, shall return the original document, and in the file of complaint a duly certified copy should remain.
7. An election commission shall assess the propriety and reliability of each evidence, and adequacy and inter-relation of evidences in their totality as stipulated by law. No evidences shall have inherent legal force except for the circumstances or facts established by the court decision, which has entered into legal force.
