§ Art. I-72Decisions Based on the Consideration of a Complaint

1. The decision of an election commission based on the review of a complaint must be lawful, and
substantiated.
 2. Prior to considering a complaint on the merits of the issue, the election commission shall
examine the complaint in order to establish:
 1) whether the complaint was filed by an appropriate subject of filing a complaint, as
 established by this Code;
 2) whether the complaint consideration falls within the competence of an election
 commission (appropriate subject of a complaint consideration);
 3) whether a complainant has complied with the timeline for lodging complaints, as established
 by this Code.
 3. Upon finding that the complaint was filed by an improper complainant, against an improper
respondent, or in violation of the time limit for lodging a complaint prescribed by this Code, the election
commission shall dismiss the complaint.
 4. When deciding to dismiss the complaint without reviewing it on the merits of the issue, the
Central Election Commission may, on its own initiative, take into consideration the facts laid out
in the complaint.
 5. If the complaint was filed by an improper complainant, against an improper respondent, or in
violation of the time limit for lodging a complaint prescribed by this Code, the election commission
shall proceed with considering the complaint on the merits of the issue.
 6. When considering a complaint against a decision adopted by the respondent, the election
commission shall decide:
 1) whether the decision being appealed was indeed adopted by the respondent;
 2) whether the decision being appealed was adopted by the respondent on legal grounds;

 

 3) whether the decision being appealed was adopted within the powers and in accordance with
 the procedure prescribed by the Law;
 4) whether the demands laid out in the complaint are substantiated by the evidence provided;
 5) which legal norms should be applied to these legal relations;
 6) whether each of the complainant’s claims should be granted or dismissed;

 7) whether the violated rights or legitimate interests of the complainant should be restored by
 other means;
 8) what decisions the respondent should be obligated to adopt or what actions the respondent
 should be required to take as a result of the cancellation of the decision.
 7. When reviewing a complaint against a respondent’s action (inaction), the election commission
shall decide:
 1) whether the respondent’s action (inaction) being appealed indeed took place;
 2) whether the action (inaction) being appealed was taken by the respondent on legal grounds;
 3) whether the demands laid out in the complaint are substantiated by the evidence provided;
 4) which legal norms should be applied to these legal relations;
 5) whether each of the complainant’s claims should be granted or dismissed;
 6) whether the violated rights or legitimate interests of the complainant should be restored by
 other means;
 7) what decisions the respondent should be obligated to adopt or what actions the respondent
 should be required to take as a result of recognizing the action or inaction being appealed
 illegal.
 8. When considering a complaint on the merits, the election commission can satisfy all or a
part of the complainant’s claim, or dismiss the complaint.
 9. Upon finding that the respondent’s decision, actions, or inaction fail to comply with the
legislation on elections, the election commission shall uphold the complaint. When upholding the
complaint, the election commission can satisfy all or a part of the complainant’s claims.
 10. If an election commission upholds a complaint, it can adopt a decision:
 1) recognizing the respondent’s decision, or individual provisions thereof, actions, or inaction
 as failing to comply with the requirements of the legislation (being illegal), violating
 citizens’ electoral rights, or the rights and legitimate interests of an electoral subject;
 2) cancelling the decision being appealed;
 3) obligating the respondent to take actions specified by the legislation regulating preparation
 for and conduct of elections;
 4) obligating the respondent to refrain from taking certain actions;
 5) restoring by other means the citizens’ violated electoral rights, or the rights and legitimate
 interests of an electoral subject;
 6) obligating the respondent to take actions specified by the legislation regulating preparation
 for and conduct of elections that are necessitated by the cancellation of the decision
 concerned or by the recognition of certain actions or inaction as illegal.
 11. A higher-level election commission may, upon consideration of the complaint, on the basis of
a court decision or upon its own initiative, revoke the decision of a lower level election commission
and make a decision on the merits of the issue.

 

 12. If in the course of consideration of a complaint an election commission decides that the facts
cited in the complaint should be investigated by law enforcement bodies, the respective law
enforcement bodies shall, on the basis of the request from the election commission, investigate these
facts and take appropriate action to stop the violation of the legislation within three days following the
day of receipt of the request of the election commission, or immediately, if such a request is received
less than three days prior to the day of voting (day of repeat voting), on the day of voting, or on the day
following it. Law enforcement bodies shall report on the results of the investigation and on measures
taken to the election commission that forwarded the matter to them.
 13. An election commission shall dismiss a complaint if it finds that:
 1) the contested decision, alleged action or inaction by the responded is made in accordance
 with the law, does not exceed the powers provided by law, does not violate voters’ voting
 rights, right and legitimate interest of other subject of the election process;
 2) the complainant did not provide proof of the violation of electoral legislation by the
 responded, and the evidence available in the materials of the complaint is not enough for an
 election commission to establish it as fact;
 3) the voter did not prove that the decision, action or inaction by the responded violates his or
 her personal voting rights or legally protected interests relating to the participation in the
 election process;
 4) at the time of consideration of the complaint by the election commission, a member of the
 election commission being the responded has taken the necessary actions, revoked the
 contested decision, or otherwise renewed the complainant’s rights in accordance with this
 Code (the subject of appeal is absent);
 14. A copy of the decision of the election commission shall be issued or sent to the complainant,
the respondent, the parties concerned, the election commission concerned, and other subjects specified
in the decision no later than on the day following the day when a decision was adopted, or without delay
if the decision is adopted on the day prior to the day of voting, on the day of voting, or on the day
following it.
 Chapter XII. STORAGE OF ELECTION
 AND OTHER DOCUMENTS AND MATERIAL ASSETS