Article 91. Subjects Who Can File a Complaint
1. A candidate to the post of President of
Ukraine, a party (bloc) - a subject of the
election process, an election commission,
as well as a voter whose voting rights or
legally protected interests in participating
in the election process have been violated
by a decision, action or inactivity of a subject
of the complaint, may be a subject who can
file a complaint in the cases envisaged by
this Law. A proxy of candidate to the post
of President of Ukraine acting on his/her
behalf may also be a subject who can file
a complaint.
Article 92. Object and Subjects of the Complaint
1. Complaints related to the call, preparation
and conduct of elections to President of Ukraine
may be filed against the decisions, actions
or inactivity of election commissions and
their members, state executive bodies, bodies
of local self-government, enterprises, establishments,
institutions and organizations, their officials
and officers, against the acts or actions
of public associations, except for those acts
or actions , which according to the law or
the charter (regulations) of such public associations
fall within their internal organizational
activities or exclusive competence, against
the actions and inactivity of mass media,
their officials and officers, as well as against
other subjects of the election process.
Article 93. Subjects Considering the Complaints
1. A complaint, specified in articles 91 and
92 of this Law, shall be considered by the
respective election commission or by a court
pursuant to this and other laws of Ukraine.
2. The Supreme Court of Ukraine shall consider
a complaint against the decisions, actions
or inactivity of the Central Election Commission.
3. If a court has received a complaint for
consideration and it was also submitted to
an election commission for the same issue
and for the same reasons, the election commission
shall cease considering the complaint until
the decision of the court enters into force.
The court shall be obliged to notify this
election commission and a higher-level commission
about the receipt of the complaint no later
than the day after receiving the complaint.
4. If the election commission , when considering
a complaint, deems it necessary for law enforcement
bodies to make a verification of the circumstances
specified in the complaint, the respective
bodies on the request of the election commission
, shall verify these circumstances and, within
three days from the receipt of the complaint
or if the complaint was received less than
three days prior to the day of elections,
on the day of elections or on the day following
the day of elections - immediately, take relevant
measures in order to terminate the violation
of the legislation.
Article 94. Terms for Filing Complaints
1. A complaint, specified in articles 91 and
92 of this Law, may be filed within seven
days from the day the respective decision,
action or inactivity was made, except in cases
, specified in parts three and four of this
article.
2. An inactivity , which according to this
Law may be appealed, shall be considered committed
on the last day of the term , within which
the respective action should have been, but
was not made.
3. A complaint regarding violations that occurred
prior to the day of elections may be filed
no later than at the end of the day preceding
the day the voting begins.
4. Complaints regarding violation that occurred
during the voting may be filed to the election
commission, which committed the violations
no later than at the end of voting , and to
an election commission of a higher level or
a court - at twenty-four hours on the day
following the day of voting.
5. The term for filing a complaint is not
subject to extension or renewal. Changes or
adjustments of the claims of the plaintiff
during the consideration of the complaint
in the election commission or in court prompted
by the revelation of circumstances, which
were previously not known to the subject who
filed the complaint, shall not be considered
a new complaint and shall not be subject to
the established limitations of terms.
Article 95. Form and Content of the Complaint
1. A complaint to an election commission or
court shall be submitted in written form.
2. A complaint that is submitted to an election
commission or court shall include:
1) the name of the election commission or
court, to which the complaint is submitted;
2) the surname, name and patronymic, the place
of residence of the citizen of Ukraine or
the exact name and location (official postal
address) of the election commission or the
party (bloc) who is the complainant;
3) the name of the subject of the complaint
and his/her postal address;
4) essence of the issue in question;
5) an outline of the circumstances and indication
of the proofs , based on which the complainant
justifies his/her claims;
6) clearly formulated claims;
7) a list of attached documents and materials;
8) an indication of the concerned people ,
which the complainant consider necessary to
include in the consider ation of the complaint;
and
9) the signature of the complainant (the representative
of the legal person, who is the complainant)
with an indication of the date it was signed.
3. A complaint shall be signed by the person
who filed it. If a complaint on behalf of
a candidate to the post of President of Ukraine
is filed by his/her proxy, then the statement
shall as well contain the surname, name and
patronymic, the place of residence or location
(postal address) and the type and number of
the means of communication of the candidate,
in whose interests the complaint is filed,
as well as a n document, authenticated according
to the requirement of the legislation, certifying
the authorities of the person who filed the
complaint. A complaint submitted on behalf
of an election commission or a party (bloc)
shall be signed by its chairperson (head)
or by another person authorized to do so,
whose signature shall be certified with the
seal of the election commission or party (parties
that are members of the bloc).
4. The complaint shall have its multiplied
copies attached to it, the number of which
shall be determined by the number of the subjects
of appeal and the number of concerned persons
mentioned in the complaint.
Article 96. Procedure and Terms for Considering
Complaints
1. A Court hearing of complaint s shall be
conducted in accordance with the procedure
envisaged by law, taking into account the
peculiarities established by this Law. The
chairperson of an election commission, or
subject to a decision of the commission, another
member of the commission shall represent the
election commission in court.
2. The Central Election Commission shall establish
the procedure for considering complaints by
an election commission. Election commission
s shall consider complaints upon the manda¬tory
invitation of the subject who filed the complaint
and the subject of the complaint.
3. The day a complaint was filed shall be
considered the actual day the subject considering
complaints obtained it.
4. A complaint not complying with the formal
requirements of article 95 shall be returned
to the subject who filed the complaint (to
the representative of the legal person who
is the subject who filed the complaint) with
respective explanations no later than on the
following day after the complaint was received
, or if fil ed the day before, on, or following
the day of voting - immediately.
5. A complaint shall be considered within
five days from the da te y it wa s received
, but if it concerns violations, which took
place before the day of voting, - no later
than at the end of voting, and if it concerns
violations, which took place on the day of
voting, - no later that the day following
the day of voting.
6. The subject who filed the complaint and
other concerned persons may be notified about
the time and venue for considering the complaint
by means of a recommended wire, facsimile
transmission or electronic mail. It is also
permitted to notify the complaining entity
appealing subject and other persons concerned
about the time and venue for considering the
complaint by phone if such action is recorded
by an official of the subject considering
the complaint in a separate written note,
which shall be attached to the case (protocol).
7. Courts, offices of the prosecutor and election
commissions shall organize their work during
the election process, including on weekends
, holidays and on the day of voting, in such
a way that it ensures that complaints can
be received and considered within the terms
and in the manner established by this Law.
Article 97. Evidence
1. Evidence upon which an election commission
considering a complaint shall determine the
presence or absence of circumstances , on
which the subject who filed the complaint
bases his/her claims and the concerned persons
base their objections, may include the following:
1) written documents and materials, which
shall contain information about the circumstances
, which may be of importance for the consideration
of a the complaint;
2) written explanations from subjects of the
election process, officials and officers of
state executive bodies, bodies of local self-government,
enterprises, establishments, institutions
and organizations obtained on the request
of members of the election commission exercising
the authorities of the commission;
3) written and material evidences; and
4) conclusions of experts.
2. The election commission shall only accept
evidence for consideration , which of importance
for the consideration of the a complaint.
3. Circumstances (facts), for which the law
has established specific methods for proof,
may not be proved by other means.
4. Written evidence shall be submitted in
original form or in a duly certified copy.
If written evidence has been submitted in
a copy, the subject considering the complaint
shall have the right to demand the submission
of the original.
5. The election commission shall evaluate
evidences taking into account the examination
of them in their sum, abiding by the law.
No evidences shall be deemed valid in advance,
except for facts established by a court decision
that has come into legal force.
Article 98. Decisions on a Considered Complaint
1. After having determined that a decision,
action or inactivity of a subject of the complaint
does not comply with the legislation on the
elections of the President of Ukraine, the
subject considering complaints shall satisfy
the complaint , cancel the decision, or parts
of it, declare the actions or inactivity illegal,
obligate the subject of the complaint to satisfy
the claims of the complainant, or in an other
way restore the violated voting rights of
citizens, and rights and legally protected
interests of the subject of the election process,
or oblige the subject of the complaint and
(or) another body, party (bloc), mass media
entity, official or officer to perform actions
, envisaged by the legislation regulating
the organization and procedure for the conduct
of the elections to the President of Ukraine,
which follow from the fact that the decision
was cancelled , and it shall declare the appealed
actions or inactivity illegal.
2. In case a court cancels the decision of
a respective election commission, including
on issues such as declaring the voting in
an election precinct invalid or on the determination
of the outcome and results of the vote then
the election commission, whose decision was
cancelled , or a higher-level election commission
on the basis of a court decision, shall take
a decision on this issue. When doing so, the
election commission may not take a decision
that in its essence repeats the decision ,
which was cancelled by the court.
3. The election commission of a higher level
may on the basis of a complaint or a court
decision cancel a decision of a lower-level
election commission and decide on the merits
of the issue or oblige the lower-level election
commission to reconsider the complaint.
4. The considering subject may refuse to satisfy
a complaint if it determines that the appealed
decisions, actions or inactivity were made
in accordance with law and within authorities
envisaged by law.
5. A copy of the decision of a considering
subject shall be distributed to the subject
who filed the complaint, the subject of the
complaint and to other concerned persons present,
and shall as well be sent to the respective
election commissions and to other persons
on the day such decision was taken (announced).
6. The decision of a court of first instance
shall come into legal force after the end
of the term for cassation appeal.
Article 99. Peculiarities of Reconsidering
Court Decisions
1. Participants in court hearings of a case
shall have the right to appeal a court decision
, or parts of it , in cassation order, in
the event it was adopted by a court of first
instance and has not come into legal force,
if the court of first instance did not fully
clarify the circumstances of the case, did
not provide due evaluation of the evidence,
did not properly apply the standards of material
law, or significantly violated the standards
of court procedure.
2. A cassation appeal can also be submitted
by a third person - a subject of the election
pro¬ cess, who took part in the court hearing
of the case, if the decision of the court
of first instance violates his/her rights
and freedom s , which are guaranteed by law.
3. The Supreme Court of Ukraine shall reconsider
decisions of courts of appeal, which have
been satisfied by them in first instance,
in cassation order.
4. Cassation appeals against decisions of
a court of first instance may be submitted
within two days from the day following the
day the copy of the decision was received.
5. Cassation appeals submitted after the expiry
of the terms , established in part four of
this article, shall not be considered.
6. A court of appeal shall hear the case within
two days after the expiry of the term for
cassation appeal, but with regard to court
decisions, which were satisfied by a court
of first instance prior to the day of voting,
no later than at the time the voting begins.
Article 100. Peculiarities of Filing Complaints
against the Decisions, Actions or Inactivity
of State Executive Bodies, Bodies of Local
Self-Government, Enterprises, Institutions,
Establishments and Organizations, Their Officials
and Officers
1. A complaint against a decision, action
or inactivity of state executive bodies, bodies
of local self-government, enterprises, institutions,
establishments and organizations, their officials
and officers shall be submitted to a local
court at the location of the body, enterprise,
institution, establishment or organization,
the decision, action or inactivity of which
or their officials (officers) are appealed.
2. The consideration of a complaint against
a decision, action or inactivity of state
executive bodies, bodies of local self-government,
enterprises, institutions, establishments
and organizations, their officials and officers
shall not exclude bringing individual officials
and officers to disciplinary, administrative
or criminal responsibility in accordance with
the procedure envisaged by Law.
Article 101. Peculiarities of Filing Complaints
against the Acts or Actions of Public Associations
and Election Blocs
1. An election commission, a candidate to
the post of President of Ukraine, a party
(bloc), a local branch of a party (bloc of
local branches of parties) - a subject of
the respective election process, or a voter
whose legal rights or legally protected interests
have been violated , shall have the right
to file a complaint against decisions or actions
of a public association, an election bloc,
or its official or authorized representative
that relate to the election process, except
for those decisions or actions, which according
to the law, or the charter (regulations) of
the public association fall within its internal
organizational activities or its exclusive
competence.
2. A complaint filed on the grounds specified
in part one of this article shall be submitted
to a local court at the location of the public
association or , election bloc, the decisions
or actions of which are appealed.
Article 102. Peculiarities of Filing Complaints
against Actions or Inactivity of Mass Media,
Their Owners, Officials and Officers
1. A candidate to the post of President of
Ukraine or a party (bloc) - a subject of the
election process shall have the right to file
a complaint to court or to a respective election
commission against the actions or inactivity
of mass media, their owners, officials and
officers, which violate the procedure established
by law for the activities of mass media during
the election process, including the pre-election
campaign, in particular, with respect to the
requirement to refute of untrue information
published by them about a candidate or a party
(bloc) that nominated a candidate.
2. The Central Election Commission or territorial
election commission shall have the right at
its own initiative to file a complaint to
court against the actions or inactivity ,
specified in part one of this article, of
mass media, their owners, officials and officers.
3. A complaint against actions or inactivity
of mass media, their owners, officials and
officers shall be submitted to a local court
at the location of the mass media, the actions
or inactivity of which are appealed.
4. A complaint about violations of the restrictions
established by law on the pre-election campaign
committed by all-national mass media shall
be submitted to the Central Election Commission
of Ukraine, and , if committed by local or
regional mass media - to the respective territorial
election com¬mission. The election commission
that received such complaint shall, by its
decision, promptly send it to the respective
law enforcement bodies for verification and
actions on it according to law.
5. Considering a complaint against the actions
or inactivity of mass media entities, their
owners, officials and officers shall not exclude
bringing the aforementioned entity or its
individual owners, officials and officers
to civil, administrative or criminal responsibility
in accordance with the procedure envisaged
by law.
Article 103. Peculiarities of Filing Complaints
against the Actions of Candidates to the Post
of President of Ukraine and Their Proxies
1. A candidate to the post of President of
Ukraine and , a party (bloc) - a subject of
the election process shall have the right
to file a complaint against actions of another
candidate to the post of President of Ukraine
or his/her proxy, if these actions are aimed
at violating the legally established procedure
for nominating a candidate or conducting the
pre-election campaign, or otherwise aimed
at violating their rights or the voting rights
of citizens.
2. A voter shall have the right to file a
complaint against the actions of a candidate
to the post of President of Ukraine and his/her
proxy, if these actions violate his/her voting
rights.
3. A complaint against the actions of a candidate
to the post of President of Ukraine shall
be submitted to the Central Election Commission
or to the Kyiv City Court of Appeal.
Article 104. Peculiarities of Complaining
against the Decisions, Actions or Inactivity
of Election Commissions
1. A subject of the election process shall
have the right to file a complaint against
the decisions, actions or inactivity of election
commissions or an individual member of an
election commission.
2. Complaints against the decisions, actions
or inactivity of polling station election
commissions or its members, shall be filed
with the territorial election commission or
with a local court at the location of the
polling station election commission. The subject
of the complaint shall have the right to apply
to the respective court of appeal with a motivated
request to reverse the adjudication of the
complaint.
3. Complaints against the decisions, actions
or inactivity of territorial election commissions
or its members shall be filed with the Central
Election Commission or with a court of appeal
at the location of the territorial election
commission.
4. Considering a complaint against the decisions,
actions or inactivity of an election commission
or its members shall not exclude bringing
its individual members to administrative or
criminal responsibility in accordance with
the procedure envisaged by law.
Article 105. Responsibility for Violations
of the Legislation on the Elections of the
President of Ukraine
Persons found guilty in violations of the
legislation on the elections of the President
of Ukraine shall be brought to criminal, administrative
or other responsibility in accordance with
the procedure established by law.
