What remedies are available in the first instance?

Ukraine

Ukraine

Answer
  • Partial annulment of results / Partial cancellation of elections
  • Satisfy claims in part or in full, order to reconsider the issue.
Source

The Law of Ukraine on the Election ofPeople’s Deputies (as of 2011, in English)

Source: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CCsQFjAA&url=http%3A%2F%2Flegislationline.org%2Fdownload%2Faction%2Fdownload%2Fid%2F4195%2Ffile%2FUkraine_Parliamentary_Election_Law_2011_English.pdf&ei=QmEnUomlBMigtAbtjYH4AQ&usg=AFQjCNGb0pGK4LJyEpZ_S97GLasmUm3hHg&sig2=eMt4KWlbzBWIPUYFezYypw&bvm=bv.51495398,d.Yms

Article 113. 6. Upon finding that therespondent’s decision, actions, or inaction fail to comply with the legislationon the election of MPs, the election commission shall uphold the complaint. When upholding thecomplaint, the election commission can satisfy all or a part of the complainant’s claims.

 

7. If a court finds a decision of an electioncommission to be illegal, including a decision declaring voting at an election precinct to be invalid, adecision on the tabulation of the voting results, or on the establishmentof the results of the election of the MPs, then the election commission whose decisionwas found to be illegal, or the higher lever election commission, shall adopt adecision in accordance with the court’s judgment. In such a case, the electioncommission may not adopt a decision essentially repeating the one found by thecourt to be illegal, unless the previous decision was invalidated for formalreasons.

8. Based on a complaint, a court judgment,or on its own initiative, a higher level election commission may cancel a decision of the lowerlevel election commission and adopt a decision on the merits of the issue, ororder the lower level election commission to reconsider the issue.

 

9. An election commission shall dismiss a complaint if itfinds that the respondent’s decision, actions, or inaction were taken incompliance with the law, within the legally established scope of therespondent’s powers, and do not violate the electoral rights of thecomplainant.

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