Legal issue: constitutionality of a number of provisions which, while recognizing the voters’ right to judicial protection of their electoral rights, do not at the same time enable them – by virtue of uncertainty as to the subjects, procedure for and conditions of judicial review and as a result of settled judicial interpretation –to appeal against the decisions and actions of electoral commissions pertaining to the determination of the results of voting in respective constituency.

Ratio decidendi: the Court deemed the contested regulation to be unconstitutional and obligated the legislator to bring it into conformity with the Constitution. In the opinion of the Court, the right of the voter, and not only of the person having passive electoral right (i.e. a candidate) to challenge in court the violations of electoral legislation committed in the course of vote counting and determination of the results of voting, are an inextricable characteristic of the right to judicial defense and is one of its essential and most important integral parts, whereas the current legal regulation denies on purely formal grounds the existence of voters’ rights to correct vote counting and to an adequate reflection of their will, including within formalized results of voting, and respectively deprives voters of judicial protection of violated rights.