A serious problem related to the system of electoral disputes in Ukraine is the system’s complexity, in particular, the existence of parallel jurisdiction ofelection commissions and courts, which in turn are divided into different instances. As a result, a complainant/plaintiff appeals to an independent authority and is not able to appeal against a decision, act, or omission.
The number of complaints/claims to election commissions and district administrative courts is small for the period from the beginning of the election process to Saturday, October 25. This low number is quite surprising given the fact that long-term election observers from the NGO “Committee of Voters of Ukraine” recorded numerous violations in their reports. Appeals are not being used widely.
An average rate for claims or complaints to be addressed is about 10%, a low figure. Less than half of these complaints or claims are heard based on their content, while most are not heard for formal reasons (missed deadlines, missing forms, improper format of the complaint/claim, etc.).
The electoral law has no effective sanctions for violations committed before the election of MP candidates and parties that nominate improper candidates, thus eliminating any potential motivation to appeal against such violations.
The only decisions to be published on time were those that Central Election Commission adopted as a result of complaint cases. The negative result is that is in the district election commissions, the majority of decisions are not published properly, a violation of the law "On Elections of People's Deputies of Ukraine".
The project is implemented by All-Ukrainian Public Organization Committee of Voters of Ukraine in co-operation and with the financial support from the Council of Europe.
The content of this publication is the sole responsibility of All-Ukrainian Public Organization Committee of Voters of Ukraine and does not reflect the views of the Council of Europe.