The procedure for the consideration of electoral disputes, the Court explained

The Fifth Administrative Court of Appeal explained the specifics of the consideration of electoral disputes by the Court.

By the resolution of the Verkhovna Rada of Ukraine of November 26, 2018 No. 2631-VIII, the next presidential elections of Ukraine are scheduled for March 31, 2019. The election process began on December 31, 2018, ZiB reports with reference to the court’s press service.

According to Paragraph 6 Part 1 of Article 19 of the Code of Administrative Procedure of Ukraine, disputes regarding legal relations connected with the electoral process or the referendum process (electoral disputes) are subject to administrative proceedings.

Features of consideration by administrative courts of cases related to the electoral process are set forth in Articles 273-277 of the Code of Administrative Proceedings of Ukraine, namely:

  • appealing decisions, actions or omissions of election commissions, referendum commissions, members of these commissions;
  • voter list clarification;
  • appealing decisions, actions or omissions of the executive authorities, local authorities, the media, news agencies, enterprises, institutions, organizations, their officials and officers, creative media workers and news agencies that violate legislation on elections and referendum;
  • appeal against actions or omissions of candidates, their proxies, party (bloc), local party organization, their officials and authorized persons, referendum initiative groups, other subjects initiating the referendum, official observers from the subjects of the electoral process;
  • disputes related to the election of the President of Ukraine.

These cases cannot be considered according to the rules of simplified action proceedings (given the complexity and significant public interest). However, if there are grounds (petitions of the participants to consider the case in their absence, non-attendance of the participants) such cases can be considered in the form of written action.

Jurisdiction

Administrative cases are subject to jurisdiction of local general courts as administrative courts, including those related to the electoral process (Paragraph 2, Part 1 of Article 20 of the Code of Administrative Proceedings of Ukraine):

  • appeals against decisions, actions or inactivity of polling station election commissions, members of these commissions at the location of the relevant commission (Part 5 of Article 273, Part 8 of Article 277 of the Code of Administrative Proceedings of Ukraine);
  • clarification of the list of voters (Part 2 of Article 274 of the Code of Administrative Proceedings of Ukraine);
  • appealing against actions or omissions of the media, news agencies, enterprises, institutions, organizations, their officials and officers, creative media workers and news agencies that violate legislation on elections and referendums at their location (Part 3 of Article 275 of the Code of Administrative Proceedings of Ukraine);
  • appeal against actions or omissions of a candidate for deputy of village council, candidates for the position of village head, their proxies at the location of the territorial election commission that registered the candidate (Part 4 of Article 276 of the Code of Administrative Proceedings of Ukraine).

District administrative courts have jurisdiction over administrative cases related to:

  • appeal decisions, actions or omissions of territorial (district) election commissions on the preparation and conduct of local elections, the elections of the President of Ukraine, at the location of the relevant commission (Part 4 of Article 273, Part 9 of Article 277 of the Code of Administrative Proceedings of Ukraine);
  • appeal against decisions, actions or omissions of the executive authorities, local governments, their officials, according to their location (Part 3 of Art. 275 of the Code of Administrative Proceedings of Ukraine);
  • statement of claim on other issues defined by Article 276 of the Code of Administrative Proceedings of Ukraine of Ukraine, namely, on appeals against actions or omissions of candidates, their proxies, the party / bloc, the local party organization, their officials, at the place of the action or where this action should be committed (Part 5 of Article 276 of the Code of Administrative Proceedings of Ukraine).

If the case in relation to one of the requirements is jurisdictional to the district administrative court, and according to another requirement (requirements) – to the local general court as an administrative court, such a case is considered by the district administrative court (Part 3 of Article 21 of the Code of Administrative Proceedings of Ukraine).

If the case against one of the requirements is cited by the administrative court of appeal, and by the other requirement (requirements) – to the local administrative court, such a case is considered by the administrative court of appeal (Part 4 of Article 21 of the Code of Administrative Proceedings of Ukraine).

The administrative court of appeal in the district of appeal, including the city of Kiev, as the court of first instance (part 2 of article 22 of the Code of Administrative Proceedings of Ukraine) is liable for appealing the decisions, actions or inactivity of the Central Election Commission, except for establishing the election results, within the electoral process (part 3 of article 273 of the CAS of Ukraine), as well as appealing against the actions of candidates for the post of President of Ukraine, their proxies (Part 7 of Article 277 of the Code of Administrative Proceedings of Ukraine).

The Supreme Court, as a court of first instance, has jurisdiction to appeal decisions, actions or the inaction of the Central Election Commission on the establishment of its election results (Part 4 of Article 22, Part 3 of Article 273 of the Code of Administrative Proceedings of Ukraine).

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