Prosecutorial
Council
*
5.2.
Low
Medium
High
Rules and procedures for investigations and complaint and dispute resolution
The regulations must provide clear guidelines on all legal matters in election dispute resolution,
burden of proof, precisely defined types of evidence, legal remedies, and deadlines in the
proceedings. Global standards dictate that these procedures must be established in time,
before the elections start and all stakeholders must be thoroughly familiar with them.
Institution
Prioritization*
Time
frame
#1 Consider the possibility to set the deadline for
filing complaints in a different way than in the existing
legal framework, by providing for the deadlines of
subjective nature - 24h from the learning of a
violation or omission. Due to the need for the
electoral process to run efficiently, the introduction
of objective, mandatory deadlines could also be
considered (for example, up to seven days).
National
Assembly,
REC,
Administrative
Court
M
M
#2 Stipulate in more detail situations in election
disputes in which public hearings must be held so as
to comply with internationally accepted standards,
including the right to receive reasonable notice of
the lawsuit, a reasonable opportunity to prepare the
defense and the right to a fair and impartial process
of determining facts, hearings and decisions. When
considering an alternate standardization of this issue,
the efficiency and speed of the election process must
be taken into account.
Administrative
Court
L
S
#3 Define that the REC, through which an appeal is
lodged to the Administrative Court (the deadline is
48 hours) and which is obliged to submit an
objection within 24 hours of receiving the appeal, is
obligated to submit all documents to the
Administrative Court, instead of ‘all necessary
documents’ as the current legal solution is worded.
This avoids possible triage of documents submitted
to the court, which is a way for the REC to affect the
REC
L
S
Recommendation
83