Another area of remaining concern is that the draft law maintains the system where a complaint may be filed in either a court or a higher election commission. This may create the problem that the same issues are being decided by different election appeals bodies at the same time. The election commission may suspend proceedings only if the “same question” has been filed in a court (Article 108.4). If different complainants protest against similar violations, the complaints can hardly be considered the “same”. This unclear definition of the appropriate channels for dispute resolution may not only impact the efficacy of the resolution process (possibly through the duplication of efforts), but should also be revised due to principles which urge prohibition on the opportunity for complainants to ‘forum shop’.[15]
