Home > 2.1.1 Electoral commissions > UKRAINE - Joint Opinion on the Draft Law No. 3366 about Elections to the Parliament
 
 
 
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Paragraph 31
 

 The decisions of superior election commissions are mandatory for subordinate commissions. The draft law provides various mechanisms by which a superior election commission can ensure that a subordinate commission complies with its duties. The CEC can convene a meeting of a DEC and a DEC can do the same for a PEC. As an ultimate sanction, all members of a DEC or a PEC may be dismissed en masse by the commission which formed that particular commission if the subordinate commission has systematically violated the constitution or laws of Ukraine (Article 36.1). Other provisions allow individual members of commissions to be dismissed (Article 36.3). Given that dismissal is a drastic step, it may be desirable for the CEC to report after each election each instance in which these powers were exercised and the reasons for their use. The system of reporting should be developed in line with reporting requirements for election commissions currently iterated in Article 34 of the draft law.