§ Article 49Requirements for applications.

Requirements for applications. Procedure for consideration of
 applications at electoral commissions. Burden of proof

1. Application submitted to electoral commissions must be signed by the applicant,

 contain his or her name, surname, address of the applicant, date of submission.

 Application may contain also the telephone number, electronic mail of the applicant.

 Application must contain the statement of request of the applicant, substantiations

 provided thereby. The available evidence must be attached to the application.

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 Where an application is submitted through a representative, a power of attorney

 issued as prescribed by law must also be submitted.

 Carbon copy of the document (the certificate of the established sample) certifying

 the status of the applicant must be attached to applications submitted by the

 candidate, proxy, observer, mass media representative, member of electoral

 commission, authorised representative.

 Applications not containing any data or containing false data concerning the

 applicant, applications submitted in the abuse of a right, applications submitted

 by a non-competent person, as well as applications submitted in violation of

 requirements prescribed by paragraph 2 of this part shall not be considered,

 administrative proceedings shall not be initiated based thereon and electoral

 commissions shall render decisions on rejecting the initiation of administrative

 proceedings. In this case, the electoral commission shall have the right to

 conduct administrative proceedings on its own initiative.

2. Where an application contains formal mistakes that can be corrected, the
 electoral commission shall correct them itself and notify the applicant thereon
 before or after taking the action or shall give an opportunity to the applicant to
 correct those mistakes, prescribing a reasonable time limit. Where the list of
 documents attached to the application is not complete, the electoral commission
 shall prescribe a reasonable time limit to complete it. Where the mistakes are not
 eliminated or the documents are not completed within the specified time limit,
 the applications shall not be considered; administrative proceedings based
 thereon shall not be instituted, and the electoral commission shall adopt a
 decision on rejecting the institution of administrative proceedings. In this case,
 the electoral commission shall have the right to conduct administrative
 proceedings on its own initiative.

3. The applicant shall address the application to the electoral commission, which

 has jurisdiction to resolve the issue raised. Where a deadline for submitting the

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 application is provided for by this Code, the application shall be deemed

 submitted by the due date, if it has been submitted to the relevant electoral

 commission prior to the deadline. Applications submitted to the non-competent

 electoral commission or late applications shall not be considered and shall be

 returned to the applicant with a letter, indicating the cause thereof.

4. The chairperson of commission shall address the application submitted within a

 due time limit to the member of commission and shall distribute carbon copies of

 the application among other members of commission. Issues raised in the

 application shall be examined by the members of commission. Each member of

 commission shall have the right to submit a draft decision on the application to

 be considered at the sitting of the commission. If a member of commission fails

 to submit a draft decision on rejecting the initiation of administrative

 proceedings, the administrative proceedings shall be deemed initiated. In case of

 rejecting the initiation of administrative proceedings, the response to the

 application shall be sent to the applicant with the signature of the chairperson of

 the commission.

5. In case of initiation of administrative proceedings, the applicant shall have the

 right to participate in the consideration of his or her application at the sitting of

 the commission, provide substantiations, deliver a speech.

6. In case decisions, actions (omissions) of electoral commissions are appealed

 against before higher level electoral commissions, the party having brought the

 complaint shall bear the burden of proof of the factual circumstances that it has

 submitted, and the electoral commission – the burden of proof of the factual

 circumstances that underlie the decision thereof. The electoral commission

 considering the complaint shall ex officio seek evidence. The rules prescribed by

 this part shall also refer to applications on declaring invalid the voting results in

 electoral precinct or declaring invalid the election results.

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7. The response to the application for obtaining information shall be sent to the

 applicant with the signature of the chairperson of the commission. Where the

 required information or the document copy is posted on the website of the

 Commission, the applicant shall be informed thereon and shall not be provided

 with photocopies or extracts therefrom.

8. Electoral commissions shall take appropriate measures with regard to issues

 requiring urgent solution. In such cases adopting decisions in the form of a

 separate act shall not be binding.