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Ukraine
2015
EOM
Local
elections
Both the CEC and the courts should give full and impartial consideration to the substance of all complaints, respecting the right to effective remedy, and refrain from delivering inconsistent decisions. All complaints should be addressed in a timely manner with reasoned decisions made in writing and published.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2014
Early election
EOM
Presidential
The automatic rejection of complaints based on deficiencies in format should be removed from the election law. Election commissions should be encouraged to consider the merits of a case and take action if the issue raised in the complaint is clear from the documents submitted.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2014
Early election
EOM
Presidential
The OSCE/ODIHR EOM reiterates the recommendations made in the Joint Opinion of the OSCE/ODIHR and the Venice Commission that call for a simplification of the complaint procedure and encourage the development of a complaint form. Such a form should help ensure that complainants understand the required documents for filing a complaint with an election commission or the courts and instruct complainants on where to submit their complaint.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2014
Early election
EOM
Parliamentary
elections
The law should be amended to disallow dismissal of complaints based on deficiencies in format, and election commissions should give full and impartial consideration to the substance of all complaints, respecting the right to effective remedy.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2014
Early election
EOM
Parliamentary
elections
Consideration should be given to simplifying the electoral dispute resolution system. Furthermore, consideration could be given to the development of a complaint form, which should help ensure that complainants understand the required documents for filing a complaint with an election commission or the courts and which instructs complainants on where to submit their complaint.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2014
Early election
EOM
Parliamentary
elections
The election law should be amended to eliminate the existing gaps and inconsistencies so as to reduce the scope for non-uniform application of the law and the resulting problems in the adjudication of electoral disputes. The CEC should adopt additional regulations wherever the law does not provide sufficient detail. Both the CEC and the courts should refrain from delivering inconsistent decisions and should treat like cases alike. Consideration could be given to procedural rearrangements in the higher courts so that electoral disputes are adjudicated by the same panels, or that other safeguards are provided against inconsistent application of law by the same court.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2019
EOM
Presidential
To ensure a transparent and credible electoral process, the CEC and DECs should consider all complaints on merits, regardless of technical irregularities, and adjudicate them impartially in open sessions, making public all complaints and decisions. Courts should apply broad interpretation of the law on admissibility and adjudicate cases and draft decisions using sound and coherent reasoning. Measures could be taken to enhance consistency in court decisions.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2019
EOM
Presidential
The complaints framework should be amended to eliminate concurrent jurisdiction and provide a more simplified and coherent process, further broaden stakeholders’ rights to lodge complaints, and revoke the automatic rejection of complaints on technical grounds. If complaints are filed to the wrong institution, that institution should be obliged to forward them to the correct institution. An option to lodge complaints electronically could be introduced, and a standardized complaint form developed. The legal requirement to redact names from court judgements should be revoked.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2019
EOM
Presidential
Consideration should be given to strengthening the overall legal framework on electoral offences. The MoIA could conduct a comprehensive audit of the effectiveness of the police in the handling and investigation of offences in the presidential election and revise relevant policy and practices and build police capacity based on lessons learned. Local courts could take measures to improve consistency and effectiveness in the adjudication of electoral offences.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2019
Early election
EOM
Parliamentary
elections
To enhance transparency, the CEC could consider publishing information on all complaints received and decisions in a timely manner. All complaints should be reviewed in open sessions and all decisions should be made public in a timely manner. In line with good practice, a template for complaints could be provided and decisions on inadmissibility of complaints on formal grounds should be avoided.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Complaints and Appeals
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