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 33
 

A superior election commission may invalidate a decision of a subordinate election commission which violates the law or is adopted in excess of the subordinate commission’s powers. The subordinate commission’s decision may also be declared illegal or cancelled by a court (Article 32.15). These are important powers to ensure legality. It should also be made clear that a superior commission or court may adopt a decision to remedy any unlawful omission of a subordinate commission with immediate binding effect. There is a degree of repetition of the rule in Article 33.15 and in Article 113.8. The latter provision makes clear that the CEC or the courts, rather than necessarily invalidating the decision of a lower election commission, may order reconsideration of an issue or action by a lower commission which occurred on voting day or during counting and results tabulation. It would be preferable to address these issues in the same part of the law.