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Chapter VI - Consideration of Complaints and Grievances
Article 33 - Appealing Decisions, Actions and Inaction Violating Electoral Rights of Citizens of the Russian Federation
Article 33 - Appealing Decisions, Actions and Inaction Violating Electoral Rights of Citizens of the Russian Federation
Decisions and actions (inaction) of bodies of state power, bodies of local self-government, public associations and officials, as well as decisions and actions (inaction) of election commissions and their officials violating electoral rights of citizens may be appealed in a court of law.
Decisions, actions and inaction of the election commission of the [Subject of the Russian Federation] and its officials may be appealed in a court of the [Subject of the Russian Federation].
Decisions, actions and inaction of district and precinct election commissions and their officials may be appealed in a higher election commission or in a raion or city court. Prior application to a higher election commission shall not be a necessary condition for filing an appeal with a court. Court decisions shall be binding on the election commissions involved.
Complaints against decisions, actions (inaction) violating electoral rights of citizens may be filed by voters, candidates, their agents, electoral associations, electoral blocs, other public associations, observers and election commissions.
In cases provided by the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum», other federal laws, this Law, a court may annul a decision of an election commission on voting results and election results or other decisions of election commissions.
Decisions and actions (inaction) of the election commission of the [Subject of the Russian Federation] or its officials violating electoral rights of citizens of the Russian Federation may be appealed in the Central Election Commission of the Russian Federation.
A higher election commission, the Central Election Commission of the Russian Federation shall be entitled to take a decision on the substance of the appeal and annul the decision of a lower election commission.
Representatives of parties involved in a complaint or statement shall be entitled to attend the meetings of an election commission at which the complaint (statement) is to be considered and shall be notified in advance of such meetings.
If a complaint or a statement of a citizen has been accepted for consideration by a court and, at the same time, has been submitted to an election commission, the election commission shall suspend consideration of the complaint until the court decision comes into legal force. The court shall notify the election commission of a submitted complaint.
Decisions on complaints (statements) submitted during elections shall be adopted within 5 days and not later than the day preceding voting day, or immediately, if submitted on voting day or next day. If the facts cited in complaints (statements) require additional verification, decisions thereon shall be adopted within 10 days. A ruling on a complaint against the decision of an election commission concerning voting results and election results shall be made by a court within two months of the day on which the complaint was filed.
Courts and public procurator’s offices shall organize their work (including on the days-off) so as to ensure prompt consideration of complaints.
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