Home > 1.3.2 Freedom of voters to express their wishes > UKRAINE - Joint Opinion on the Draft Law No. 3366 about Elections to the Parliament
 
 
 
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Paragraph 77
 

Time limits for election disputes are necessary and there is value in avoiding protracted challenges and litigation pending the determination of the election results. Time constraints should not, however, be so restrictive as to undermine the prospect of achieving a just solution to a legitimate complaint. Article 109 requires that complaints must be lodged with an electoral commission or court within five days of the unlawful decision, or within even shorter time limits as regards events occurring before or on election day. There is a risk that a deadline will lead to injustice where the complainant, through no fault of his own, is unable to lodge a timely complaint. Consideration should be given to providing an exception to these time limits and extending the deadline where the complainant could not learn of the violation through the exercise of reasonable diligence and where the interest of justice and the public requires the deadline be extended