One of the specific features of the complaints procedure in Russia is the possibility to complain not only against decisions or actions of electoral commissions and public officials that violate citizens’ electoral rights but also against a lack of action by the competent authorities. Complaints against decisions, actions or omissions of electoral commissions and public officials that violate citizens’ electoral rights go to the electoral commission above in the hierarchy, as explained above, and it can take one of the following decisions: a. to refuse the complaint after it has been examined; b. to cancel the decision of the lower commission and examine the case on its merits; and c. to cancel the decision of the lower commission and remit the case for a fresh examination (or take appropriate action). c) Legislative challenges 404. Legislative electoral challenges are those legal instruments provided for in the constitution or statutes of some countries which grant powers to legislative bodies or other political assemblies to formally resolve certain electoral challenges or issue the certification or the final result of an election. 405. This type of electoral challenge is considered political, not only because of the political nature of the body in charge of resolving it, but also because of the lack of controls to ensure that the decision concerned is always in line with the constitution, the statute law and all other applicable provisions. It is often political interests or negotiations between those who constitute the majority in such assemblies that tend to prevail. The legislative organ or political assembly in charge of resolving the case is required to conform to the applicable constitutional and statutory framework but there may be no EDR mechanisms to guarantee this. However, this system can be accompanied by a judicial challenge mechanism – either as a prior remedy, as in Argentina, Italy, Switzerland and the United States, or as a subsequent remedy, as in Germany. This provides further guarantees that decisions are made in accordance with the constitution and the law. 406. The means for legislative electoral challenges have come to be seen as political, but the body responsible for resolving the challenge must operate within the terms of the constitution and the electoral laws regardless of whether there are mechanisms for challenging any unlawful decision before another body. Failure to ensure this has led to abuses by some legislatures (see paragraph 156 and box 5.3). 141 7. Basic elements of EDR systems (cont.)