Home > 2.4 Complaints and appeals > UKRAINE - Law on Elections of People's Deputies
 
 
 
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Article 110
 

Decision of the Subject of Consideration of Complaint after Consideration of the Complaint

 

1.    Decision of the subject of consideration of the complaint must be justified, legal and founded.

 

2.    When considering a complaint on decision of the subject of the complaint, the subject of consideration of the complaint shall establish:

 

1)     whether the subject of the complaint passed the disputed decision;

 

2)     whether the subject of the complaint passed the disputed decision on legal grounds;

 

3)     whether the disputed decision was passed within the competence and pursuant to the procedure stipulated by the law;

 

4)     which legal norms must be applied with regard to such legal relations and whether according to the law such complaint shall be considered by this subject of consideration of the complaint;

 

5)     whether each claim of the applicant of complaint is to be satisfied or rejected;

 

6)     whether the infringed rights or legitimate interests of the applicant of complaint are to be renewed by other means;

 

7)     which decisions must be adopted or which measures must be taken after the decision has been cancelled.

 

3.    When considering a complaint concerning action (or negligence) of the subject of complaint, the subject of consideration of complaint shall establish:

 

1)     whether the disputed action (inaction) of the subject of the complaint was committed;

 

2)      whether the disputed action (inaction) was committed by the subject of the complaint on legal grounds;

 

3)     which legal norms must be applied with regard to such legal relations and whether according to the law such complaint shall be considered by this subject of consideration;

 

4)     whether each claim of the applicant of complaint is to be satisfied or rejected;

 

5)     whether the infringed rights or legitimate interests of the applicant of complaint are to be renewed by other means;

 

6)     which decisions must be adopted or which measures must be taken after disputed action (inaction) has been acknowledged illegal.

 

4.    When considering the complaint the subject of consideration of complaint may satisfy it in full or in part or reject it.

 

5.    In the event that the subject of consideration of complaint adopts a decision on satisfying the complaint, such decision may:

 

1)     acknowledge the decision of the subject of complaint or certain provisions thereof, its acts, or inaction as such that do no correspond to the provisions of the legislation on the elections of people’s deputies, violating the citizens’ electoral rights, the rights and legislative interests of the subject of the election process;

 

2)     cancel the decision;

 

3)     oblige the subject of the complaint to take measures stipulated by the legislation on organization and conduct of parliamentary elections;

 

4)     oblige the subject of the complaint to refrain from committing certain actions;

 

5)     by other means renew the infringed electoral rights of the citizens, the rights and legitimate interests of the subject of the election process;

 

6)     oblige the subject of the complaint and/or other body, party (bloc), mass media outlet, an official or a public servant to commit certain action stipulated by the legislation on organization and conduct of elections of the deputies entailed by the fact of canceling the decision or recognizing the disputed action/inaction illegal.

 

6.    In the event that the subject of consideration of the complaint establishes that the decision, inaction do not correspond to the legislation on elections of the deputies, the subject of consideration of complaint shall satisfy the complaint. When satisfying the complaint, the subject of consideration of complaint may satisfy all or a part of claims of the applicant of complaint.  

 

7.    In the event that the court acknowledges a decision of a respective election commission illegal including the decision on recognizing the results of elections at a polling station invalid, tabulation of voting results and results of elections of the deputies, the election commission, the decision of which was acknowledged invalid, or an election commission of higher level shall pass a decision on the basis of the court decision. In the event that a decision was acknowledged reliable on the formal grounds, an election commission shall not pass a decision, which in essence duplicates the decision acknowledged invalid by the court.

 

8.    An election commission of higher level, based on a complaint, court decision or on its own initiative, may cancel a decision of election commission of lower level and pass a decision thereon or oblige the election commission of lower level to re-consider this issue.

 

9.    The subject of consideration of the complaint shall reject the complaint if it establishes that the decision, acts, or inaction of the subject of complaint was passed or committed according to the law and within the competence stipulated by the law and does not infringe the electoral rights of voters, the rights and legitimate interests of other subjects of the election process.

 

10.  A copy of the decision of the subject of consideration of the complaint shall be given out or forwarded to the applicant of complaint, subject of the complaint, other interested persons, respective election commission and another subject mentioned in the decision no later than the next day after passage of such decision, and in the event that a decision is passed before Election Day, on Election Day or the next day – immediately.

 

11.  A decision, passed by a first instance court, shall enter into legal force after the period for appeal has exhausted, and within the timeframes stipulated by the Article 111 of this Law.