the entire record, both factual and legal, and any alleged procedural and
substantive violations. The decision may be to affirm or reverse the ruling
that is being challenged. The appellate court may accept the challenge to
the original ruling, replacing the lower court’s decision; reject the challenge,
confirming the original ruling; or order that the process be annulled and
that the original court should re-hear the case on the basis of legal rulings or
guidance provided by the appellate court.
403. Extraordinary or exceptional appeals are those appeals, such as writ of
certiorari, that can only be brought on grounds specifically set out in the
procedural laws (an example could be a provision that an appeal is only
admissible if the alleged violation could have had the effect of changing
the result of the election). They only imply a review of the legality of the
procedure or judicial decision being challenged and therefore cover only legal
issues, since consideration of the facts is usually reserved for the lower court
which handed down the judgement being challenged.
Box 7.3. The handling of electoral disputes in Russia
(including appeal against inaction on the part of the EMB)
Sergueï Kouznetsov
According to Article 75 of the Law on Basic Guarantees of Electoral Rights and the
Right of Citizens of the Russian Federation to Participate in a Referendum, electoral
disputes are dealt with by the courts of general jurisdiction or electoral commissions
in the following way:
a. an appeal against decisions, actions or omissions of the Central Election Commission
(Tsentral’naia Izbiratel’naia Kommissiia) can be submitted to the Supreme Court
(Verkhovnyi Sud) of the Russian Federation;
b. an appeal against decisions, actions or omissions of electoral commissions of the
federal entities and regional commissions may be submitted to the respective
supreme courts of the entities and courts of second instance (regional, territorial,
courts of the cities with federal status, etc.); and
c. appeals against decisions of other commissions can be made in the courts of general
jurisdiction.
Citizens and associations can complain against the decisions of an electoral commission
to the commission at the level immediately above it. Appeals against decisions of
municipal commissions can be made to a commission of a federal entity, and appeals
against the decisions of the latter can be made to the Central Election Commission of
Russia. Commissions at all levels are under the obligation to execute court decisions
concerning violations of electoral rights.
The law on basic guarantees of electoral rights includes detailed procedures for dispute
resolution.
140