First instance body dealing with electoral disputes

Russian Federation

Russian Federation

Answer
  • EMB (lower level)
  • EMB (highest level)
  • Court of general jurisdiction (including Supreme Court)
Source

Federal Law on the Election of Deputies of the State Duma of the Federal Assembly of theRussian Federation, as of 2011, in English

Source: http://cikrf.ru/eng/law/FL-51-FZ.html

Article 25. During preparation and conduct of the electionof deputies of the State Duma the Central Election Commission of the RussianFederation, acting within the scope of its powers established by the FederalLaws, shall:

26) considers complaints (applications) concerningdecisions and actions (inaction) of the election commissions of the subjects ofthe Russian Federation and their officials and take reasoned decisions on suchcomplaints (applications);

Article 26. 1. During preparation and conduct of the electionof deputies of the State Duma the election commission of the subject of theRussian Federation shall:

22)considers complaints (applications) concerning decisions and actions (inaction)of the territorial election commissions and their officials and take reasoneddecisions regarding such complaints (applications);

Article 27. 1. During preparation and conduct of theelection of deputies of the State Duma the territorial election commissionshall:

3)coordinate the work of precinct election commissions in the given territory,consider complaints (applications) concerning decisions and actions (inaction)of these election commissions and adopt reasoned decisions thereon;

Article 28. Powers of Precinct Election Commission

1. Duringpreparation and conduct of the election of deputies of the State Duma theprecinct election commission shall:

11)consider complaints (applications) on violations of this Federal Law and takereasoned decisions thereon;

FederalLaw on Basic Guarantees of Electoral Rights and the Right of Citizens of theRussian Federation to Participate in a Referendum

Source: http://cikrf.ru/eng/law/fz_referendum.html

Article 75. 2. Appeals of decisions and actions (inaction) of the Central ElectionCommission of the Russian Federation shall be submitted to the Supreme Court ofthe Russian Federation, appeals of decisions and actions (inaction) of theelection commissions of the subjects of the Russian Federation, district electioncommissions at election to legislative (representative) bodies of state powerof the subjects of the Russian Federation shall be submitted to the supreme courts of therepublics, regional courts, courts of cities of federal significance, courts ofautonomous areas and autonomous regions, appeals of decisions and actions(inaction) of other commissions shall be submitted to district courts.

6. Appeals of decisions and actions (inaction)of commissions and their officials that violated electoral rights of citizensand the right of citizens to participate in a referendum may be submitted tothe next superior commission which shall, without forwarding the appeal to thesubordinate commission, with the exception of the case when the circumstancesstated in the appeal were not considered by the subordinate commission,consider the appeal and take one of the following decisions:

а) leave the appeal without remedy;

b) cancel the disputed decision in full or inpart (declare an action (inaction) illegal) and take a material decision;

c) Cancel the disputed decision in full or inpart (declare an action (inaction) illegal) and demand the subordinatecommission to reconsider the issue and take a material decision (perform acertain action).

7. Decisions or actions (inaction) of electioncommission of a settlement or its official violating electoral rights ofcitizens and the right of citizens to participate in a referendum may beappealed in election commission of the municipal district. Decision or actions(inaction) of election commission of municipal district, urban district, cityterritory of the federal city or its official violating electoral rights ofcitizens and the right of citizens to participate in a referendum may beappealed in election commission of the subject of the Russian Federation.Decisions or actions (inaction) of election commission of the subjects of theRussian Federation or its official violating electoral rights of citizens andthe right of citizens to participate in a referendum may be appealed in theCentral Election Commission of the Russian Federation. Election commissionsthat consider appeals shall take a decision in accordance with Clause 6 of thisArticle.

Article 75. 8. A preliminary appeal tosuperior commission, election commission of the subject of the RussianFederation, the Central Election Commission of the Russian Federation shall notbe a prerequisite for submitting an appeal to court.

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