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Article 98
 

Decisions on a Considered Complaint

1. After having determined that a decision, action or inactivity of a subject of the complaint does not comply with the legislation on the elections of the President of Ukraine, the subject considering complaints shall satisfy the complaint , cancel the decision, or parts of it, declare the actions or inactivity illegal, obligate the subject of the complaint to satisfy the claims of the complainant, or in an other way restore the violated voting rights of citizens, and rights and legally protected interests of the subject of the election process, or oblige the subject of the complaint and (or) another body, party (bloc), mass media entity, official or officer to perform actions , envisaged by the legislation regulating the organization and procedure for the conduct of the elections to the President of Ukraine, which follow from the fact that the decision was cancelled , and it shall declare the appealed actions or inactivity illegal.

2. In case a court cancels the decision of a respective election commission, including on issues such as declaring the voting in an election precinct invalid or on the determination of the outcome and results of the vote then the election commission, whose decision was cancelled, or a higher-level election commission on the basis of a court decision, shall take a decision on this issue. When doing so, the election commission may not take a decision that in its essence repeats the decision, which was cancelled by the court.

3. The election commission of a higher level may on the basis of a complaint or a court decision cancel a decision of a lower-level election commission and decide on the merits of the issue or oblige the lower-level election commission to reconsider the complaint.

4. The considering subject may refuse to satisfy a complaint if it determines that the appealed decisions, actions or inactivity were made in accordance with law and within authorities envisaged by law.

5. A copy of the decision of a considering subject shall be distributed to the subject who filed the complaint, the subject of the complaint and to other concerned persons present, and shall as well be sent to the respective election commissions and to other persons on the day such decision was taken (announced).

6. The decision of a court of first instance shall come into legal force after the end of the term for cassation appeal.