Complaints

(1) Under this Code, a complaint shall mean a request 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.

(11) Persons whose rights and interests are not directly affected may notify the elec­toral body about any aspects related to the organization of the elections. If the decision directly influences the rights and/or obligations of the electoral competitors, the electoral authority shall issue a decision to that effect. If the electoral body finds that the rights and interests are not affected, the notification shall be resolved according to the general pro­cedure established by the Administrative Code related to petitions, applied accordingly.

^{[Art.68 completed with (31) and (5) amended by Law No.280 of 04.10.2023, in force as of 04.10.2023] – declared unconstitutional by Constitutional Court Decision No.9 of 26.03.2024, in force as of 26.03.2024]}

^{[Art.91 (1) amended and completed with paragraph 11, by Law No. 130 of 29 May 2025, in force as of 3 June 2025]}