EUROPEAN COMMISSION FOR
DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
draft LAW
About
elections to the Verkhovna Rada
of Ukraine
(Registration No. 3366 as of 13.11.2008)
Draft
Law
filed
by members of parliament of Ukraine
For replacement
Registration
No. 3366
As
of 13.11.2008
LAW OF UKRAINE
About elections to
the Verkhovna Rada of Ukraine
Chapter I. GENERAL
PROVISIONS
Artice 1. Main Principles of Election to the
Verkhovna Rada of Ukraine
1.
The election to the Verkhovna Rada of Ukraine is held in accordance with
the Constitution of Ukraine, this Law and other Laws.
2.
People’s deputies of Ukraine are elected to the Verkhovna Rada of Ukraine.
3.
People’s deputies of Ukraine (hereinafter
referred to as “members of parliament”) are
elected by citizens of Ukraine on the basis of universal, equal and direct
electoral rights by means of secret vote.
4.
Number of members of the Verkhovna Rada of Ukraine is determined by the
Constitution of Ukraine.
5.
The parliamentary election is held on the basis of proportionate system
in which members of parliament are elected in multi-mandate territorial
election districts as well as in the national election district in the manner
prescribed by this Law.
Article 2. Universal Electoral Right
1.
The parliamentary election is general. Citizens of Ukraine, who reached the age of eighteen years by election day, have the right to vote in the
parliamentary election.
2.
A citizen recognized by the court as incapable has no right to vote.
3.
Citizens of Ukraine that have the right to vote in the parliamentary
election are voters.
4.
A voter enrollment into a final voter list at a
permanent regular, special or foreign polling station is a basis for realization of their right to vote. A voter is registered at a regular polling station
on the basis of their election address: residence address, address of stay or
another address that stands in for residence address that is determined in
accordance with legal procedure established by the Law of Ukraine “About State
Register of voters”.
5.
A document that identifies a person and Ukrainian citizenship of a voter
in the parliamentary election in Ukraine can be as follows:
1)
a passport of a citizen of Ukraine;
2)
a temporary identification of a citizen of Ukraine (for persons that
recently became citizens of Ukraine);
3)
a military card (exclusively for military persons
in service for a fixed period);
4)
a card (certificate) from an institution of penal
executive system that shall contain: last name, first name, patronymic, day,
month and year of birth, citizenship, photo of a person, signature of a manager
and a seal of an institution (for persons that stay in penal executive system institutions);
5)
a passport of a citizen of Ukraine for foreign trips;
6)
a diplomatic passport;
7)
a service passport.
6.
A ballot is issued at regular and special polling stations on the basis of presenting documents listed in items 1-3 of part five of this Article.
7.
At a special polling station created in the respective institution of
penal executive system a ballot is issued on the basis of presenting a document
specified in item 4 of part five of this Article.
8.
At foreign polling stations a ballot is issued on the basis of presenting documents indicated in items 5-7 of part five of this Article. A document
indicated in item 1 of part five of this Article is presented for obtaining a
ballot and can be used at a foreign polling station created in a country, stay
in which for citizens of Ukraine is allowed as per this document.
9.
Voters can take part in nominating candidates through parties and can
take part in the activity of election commissions as their members, as well as can take part in pre-election campaigning, in monitoring of the parliamentary
election and in other activities associated with preparing and holding the
parliamentary election Ukraine in the manner prescribed by this Law and other
Laws of Ukraine.
10.
Any direct or indirect privileges or restrictions as to electoral rights
of citizens of Ukraine based on race, colour of skin, political, religious and
other convictions, sex, ethnic and social background, material status, place of
residence, language or other characteristics are prohibited.
Restrictions as to participation of citizens of Ukraine in the election process cannot be allowed, except
restrictions envisaged by the Constitution of Ukraine and this Law.
Article 3. Equal Electoral Right
1.
The parliamentary election is equal: citizens of Ukraine take part in the parliamentary election on equal terms.
2.
Every voter in the parliamentary election has one vote. A voter can use
their vote only at one polling station where they are enrolled onto a voter
list. A voter realizes their right to vote in the election in the manner
prescribed by this Law.
3.
All candidates into people's deputies of Ukraine (hereinafter referred
to as “parliamentary candidates”) have equal rights and opportunities for
participation in the election process.
4.
All parties that are the election process subjects have equal rights and
opportunities as to taking part in the election process in accordance with
legal procedure prescribed by this Law.
5.
Equality of rights and opportunities for parliamentary candidates, parties that are election process subjects for their
participation in the election process is secured by the following:
1)
prohibition of privileges or restrictions with respect to parliamentary
candidates based on race, colour of skin, political, religious and other
convictions, sex, ethnic and social background, material status, place of
residence, language or other characteristics;
2)
prohibition of interference of state power bodies and local
self-government bodies into the election process, except cases defined by this Law;
3)
equal and unbiased attitude of state power bodies, local self-government
bodies, government officials and officeholders to parliamentary candidates,
parties that are subjects of the election process;
4)
prohibition of use for election campaign financing by a parliamentary
candidate, a party that is the election process subject of other funds except
the election fund of the respective parliamentary candidate, a party that is
the election process subject and funds of the State Budget of Ukraine allocated
for pre-election campaigning in accordance with this Law.
5)
equal and unbiased attitude of mass media to parliamentary candidates,
parties that are the election process subjects.
Article 4. Direct Electoral Right
The
parliamentary election is direct. Voters elect members of parliament directly
by voting for parliamentary candidates included on a complete election list of
parliamentary candidates in the respective territorial election district
nominated in accordance with legal procedure prescribed by this Law.
Article 5. Voluntary Participation in
Election
Participation
of voters in the parliamentary election is voluntary. No one can be compelled
to participation or non-participation in the election.
Article 6. Free Election
1.
The parliamentary election is free. Conditions are
secured for free forming of voters’ will and for free expression of voters’
will during the vote.
2.
Use of violence, threats, frauds or any other actions that hamper free
forming and free expression of a voter’s will is prohibited.
3.
For creating conditions for free will expression by military persons
they are given a leave for participation in the vote for no less than four
hours.
Article 7. Secret Vote
1.
The vote in the election is secret: control over expression
of voters’ will is prohibited.
2.
It is prohibited for election commission members and other persons to
execute any actions or disclose information that results in determining the
content of will expression by an individual voter.
Article 8. Personal Vote
Every voter
votes in the election in person. It is prohibited to vote on behalf of another
person or for a voter to transfer their right to vote to another person.
Article 9. Right to be Elected
1.
A citizen of Ukraine, who reached the age of twenty one years by election
day, who has the right to vote and who has been residing in Ukraine for the last five years, can be elected as a member of parliament.
2.
In accordance with this Law, residing in Ukraine means the following:
1)
residing on the territory of Ukraine within the state boundaries of
Ukraine;
2)
stay on a vessel that is navigating under the National Flag of Ukraine;
3)
stay abroad for citizens of Ukraine that work abroad in diplomatic and
other official representations and consular offices of Ukraine, international
organizations and their subdivisions, as defined by Law;
4)
stay on a polar station of Ukraine;
5)
stay in a subdivision of the Armed Forces of Ukraine deployed outside of
Ukraine.
3.
Persons residing together with persons indicated in item 3 of part two
of this Article as their family members are also considered as such that reside in Ukraine.
4.
A person that has a previous conviction for a deliberate crime can not be
nominated as a parliamentary candidate and elected as a member of parliament if
that conviction has not been canceled and not declined in accordance with legal
procedure established by legislation.
Article 10. Right to Nominate
Parliamentary Candidates
1.
Voters have the right to nominate parliamentary candidates. This right
is realized by them through parties in the manner prescribed by this Law.
2.
A party can nominate candidates under condition that it had been
registered in accordance with legal procedure no later than three hundred sixty
five days prior to election day.
Article 11. Election Process
1.
The election process is the execution of election procedures prescribed
by this Law by the election process subjects defined by Article 12 of this Law.
2.
The election process is carried out under the following conditions:
1)
following the principles of the electoral rights defined in Articles 2-10 of this Law;
2)
Lawfulness and prohibition of unlawful interference of anyone into this
process;
3)
political pluralism and multi-party system;
4)
publicity and openness;
5)
freedom of pre-election campaigning, equal access of all candidates and
parties that are the election process subjects to mass media regardless of
their form of ownership, except mass media whose founders (owners) are
political parties;
6)
unbiased attitude of executive power bodies, local self-government
bodies, courts, enterprises, establishments, institutions and organizations,
their managers, other officials and officeholders to parties that are the election
process subjects and to parliamentary candidates.
3.
A beginning of the election process is announced by the Central Election
Commission in cases and in terms prescribed by the Constitution of Ukraine and
this Law.
4.
The election process includes the following stages:
1)
compiling, verifying and updating voter lists;
2)
creation of polling stations;
3)
creation of election commissions;
4)
nomination and registration of parliamentary candidates;
5)
pre-election campaigning;
6)
voting;
7)
vote count and establishing the vote results;
8)
establishing the election results and their official publication;
9)
termination of activity of election commissions.
5.
The election process is finished in fifteen days after the day of
official publication of the parliamentary election results by the Central
Election Commission.
6.
In cases envisaged by this Law stages of the election process as defined by items 1, 2 and 9 of part four of this
Article can partially last beyond time periods of the election process defined
by parts three and five of this Article.
Article 12. Election Process Subjects
The election
process subjects are as follows:
1)
a voter;
2)
an election commission created in compliance with this Law or Law of
Ukraine “About the Central Election Commission”;
3)
a party that nominated parliamentary candidates;
4)
a parliamentary candidate registered in accordance with legal procedure
prescribed by this Law;
5)
an official observer from the party that is the election process
subject.
Article 13. Publicity and Openness of
Election Process
1.
The parliamentary election is prepared and held publicly and openly.
2.
Election commissions:
1)
inform citizens about their staff, location and office hours, about
creation of territorial election districts and polling stations, about place
and time of voting, about the main rights of voters, including the right to
contest unlawful decisions, actions or inaction of election commissions and
their members, executive authorities and local self-government bodies,
enterprises, establishments, institutions and organizations, their managers,
other government officials and officeholders;
2)
provide possibility for the election process subjects to become familiar
with voter lists, election lists of parliamentary candidates from parties,
complete lists of parliamentary candidates in the respective territorial
election district as well as election programs of parties and parliamentary
candidates, information about parliamentary candidates, procedure of filling in
ballots;
3)
explain to voters the procedure of voting as well as the procedure of
filling in ballots;
4)
publish the vote results and the parliamentary election results;
5)
provide other information in cases and in the manner prescribed by this
Law.
3.
The election commissions as well as state authorities and local
self-government bodies convey their decisions pertaining to the parliamentary
election to citizens through printed mass media or, in case if that appears to
be impossible, present them for public review in another way.
4.
Mass media are committed to highlight the status of preparing and
holding the election in an objective and unbiased manner. Representatives of mass media are guaranteed unhampered access to all social events associated with the election and
to meetings of election commissions and to a polling station on election day
under conditions specified by parts three and four of Article 33 of this Law.
Election commissions, executive power bodies, government officials and
officeholders are obliged to provide them, within their powers, with the
information pertaining to preparing and holding the parliamentary election.
5.
Diplomatic and other official representations, consular establishments
of Ukraine in the states on the territories of which foreign polling stations
were created provide for publication in local mass media of the information
about time and place of the vote, about location of respective polling stations
and other data as envisaged by this Law.
Article 14. Legislation Pertaining to
Parliamentary Election
Preparing and
holding the parliamentary election is regulated by the Constitution of Ukraine,
Law of Ukraine “About the Central Election Commission”, this Law and other Laws
of Ukraine as well as other legislative acts adopted in compliance with the
above.
Chapter II. TYPES OF PARLIAMENTARY
ELECTIONS, PROCEDURE
AND TIME
FRAME OF ELECTION CALLING AND HOLDING
Article 15. Types of Parliamentary
Elections and Procedure of Election Calling
1.
Parliamentary elections can be regular or extraordinary.
2.
Regular parliamentary election is held as a result of expiration of
Constitutional term of office of the Verkhovna Rada of Ukraine and does not require a special decision on its calling.
3.
Extraordinary parliamentary election is called by the President of
Ukraine on occasions and in the manner prescribed by the Constitution of
Ukraine.
Article 16. Time Frame of Holding Election
1.
A regular parliamentary election is held on last Sunday of last month of the fifth year of office of the Verkhovna Rada of Ukraine.
2.
The election process of the regular election begins in one hundred
twenty days prior to election day. The Central Election Commission announces
the beginning of the election process no later than one hundred twenty five
days prior to election day.
3.
Extraordinary parliamentary election is held on last Sunday of sixty
days time period from the day of publication of a decree of the President of
Ukraine about early termination of powers of the Verkhovna Rada of Ukraine issued in compliance with the Constitution of Ukraine.
4.
The election process of the extraordinary parliamentary election begins
on the day following the day of publication of the decree of the President of
Ukraine indicated in part three of this Article.
Article 17. Procedure of Defining
Election Time Frame
1.
Time frames specified in this Law are counted in days, months
and years and can be also counted in reference to an event that shall happen
inevitably. In some cases, as defined by this Law, time periods are counted in
hours or in minutes.
2.
The time period count begins on the next day after the respective
calendar date or a date of the event which is associated with the beginning of
the respective time period.
3.
Time period that is counted
in years ends in the respective month and day of the last year of that time period.
4.
Time period that is counted in months ends on the respective day of the
last month of that time period.
5.
If the end of the time period that is counted in months happens in such
a month that has no respective day, then the time period ends on the last day of that month.
6.
The last day of the time period that ends in reference to a certain day
is that certain day.
7.
The last day of the time period lasts till midnight, however, if during
that time a certain action had to be executed in an institution, establishment
and organization where office hours end earlier, the time period ends at the
moment of end of those office hours.
8.
The last hour of the time period that ends in reference to a certain
hour is that certain hour.
9.
The last minute of the time period that ends in reference to a certain
minute is that certain minute.
10.
Time period the end of which is associated with a certain event that
shall happen inevitably ends on the following day after such event.
11.
Time period is not considered missed if before its end a writ,
complaint, other documents or materials were submitted to the post or
transferred by other means of communication.
Chapter III. TERRITORIAL
ORGANIZATION
OF PARLIAMENTARY
ELECTION
Article 18. National and Territorial
Election Districts
1.
The parliamentary election is held in the national multi-mandate
election district that includes the whole territory of Ukraine that is divided
into multi-mandate territorial election districts and a foreign election
district that incorporates all foreign polling stations created in compliance
with Article 22 of this Law.
2.
The Central Election Commission makes a decision on the creation of
multi-mandate territorial election districts (hereinafter referred to as “territorial election districts”) for the parliamentary election in Ukraine no later than six
months after this Law comes into force; it establishes their sequence numbers,
boundaries, centers of districts as well as the number of that can be elected
in every territorial election district in the parliamentary election in
Ukraine. Such decision is made by the Central Election Commission in compliance
with provisions of part three of this Article.
3.
Territorial election districts are created by the Central Election Commission;
at that boundaries of districts, cities that have the
regional status, Kyiv city and the Autonomous Republic of
Crimea must be taken into account. Inclusion of a part of a district, a part of a city that has the regional status, a
part of Kyiv city or a part of the Autonomous Republic of Crimea into a
territorial election district is prohibited. While creating territorial
election districts, the Central Election Commission shall partly take into
consideration the boundaries of the regions. Territorial election districts are
created in such fashion that in each of them no less than eight and no more
than twelve members of parliament of Ukraine can be elected. The maximal difference
between the number obtained as a result of division of the number of voters in
every respective territorial election district determined on the basis of the State Voter Register by the number of members of parliament that can be elected in
such territorial election district, and the number obtained as a result of division of the number of voters in the national election district determined on
the basis of the State Voter Register by four hundred fifty shall not exceed
ten percent.
4.
The number of members of parliament of Ukraine that can be elected in
every territorial election district is determined as a round-off number
obtained as a result of multiplying the number of voters in every territorial
election district determined on the basis of the State Voter Register by four
hundred fifty and by division of the obtained product by the number of voters
in the national election district determined on the basis of the State Register
of voters.
5.
Boundaries of territorial election districts as well as the number of members of parliament of Ukraine that can be elected in every territorial
election district as determined by the Central Election Commission in
compliance with part two of this Article can be changed by the Central Election
Commission only in cases, in the manner and in time periods prescribed by this
Article.
6.
The Central Election Commission can make a decision on the change of the
number of members of parliament of Ukraine that can be elected in a territorial
election district only on the ground of finding by the Central Election
Commission of excessive discrepancy between the numbers determined in part
three of this Article, the maximal difference established in part three of this
Article. After discovering such circumstance the Central Election Commission
shall establish if the revealed discrepancy can be compensated by respective
increase or decrease of the number of members of parliament that can be elected
in territorial election districts without changing the boundaries of such districts.
In case if the discrepancy can be compensated by respective increase or decrease of the number of deputies that can be elected in territorial election districts,
the Central Election Commission makes a decision on the change of the number of
members of parliament that can be elected in individual territorial election
districts without change of boundaries of respective election districts.
7.
In case if discrepancy as determined by part six of this Article cannot be
compensated by increase or decrease of the number of members of parliament that
can be elected in territorial election districts, the Central
Election Commission makes a decision on the change of boundaries of those districts
for which discrepancy cannot be eliminated by increase or decrease of the number of members of parliament that can be elected in respective territorial election
districts.
8.
The Central Election Commission is obliged to check correspondence of
discrepancies between the numbers as envisaged by part three of this Article
determined for every territorial election district to the maximal difference
established by part three of this Article no later than one hundred twenty days
prior to the regular election day and in case of early termination of term of
office of the Verkhovna Rada of Ukraine no later than the day after the
publication of a decree of the President of Ukraine about early termination of
powers of the Verkhovna Rada, and in case of revealing discrepancy the Central
Election Commission is obliged to make a decision on the change of the number
of members of parliament that can be elected in respective territorial election
districts or in case of circumstances defined in part six of this Article, the
Central Election Commission is obliged to make a decision on the change of
boundaries of respective territorial election districts.
9.
A decision of the Central Election Commission about creation of
territorial election districts with indication of numbers, boundaries and
centers of territorial election districts is published by the Central Election
Commission no later than the third day after making such decision in national
printed mass media and also no later than the fifth day after making such
decision in the regional printed mass media.
Article 19. Polling Stations
1.
The Central Election Commission makes a decision on the creation of
regular polling stations no later than six months after this Law comes into force.
Temporary polling stations for holding the parliamentary election in Ukraine are not formed.
2.
A polling station can be regular, special or foreign. A regular polling
station is permanent. A special or foreign polling station can be permanent or
temporary.
3.
Permanent polling stations are formed in the manner prescribed by this Law, with the number of voters from twenty persons to two thousand five
hundred persons. Permanent and temporary polling stations
are divided into the following categories:
1)
small with the number of voters up to 500 persons;
2)
medium size with the number of voters from 500 to
1500 persons;
3)
large with the number of voters over 1500 persons.
4.
The Central Election Commission makes a decision on the formation of permanent
regular and special polling stations on the basis of reasoned statements of the
Kyiv city mayor, chairperson of Sevastopol city state administration, chairpersons of district state administrations, city
mayors of cities with the regional or republican (in the
Autonomous Republic of Crimea) status whose signatures are
certified by seals of respective bodies. The Central
Election Commission makes a decision on the creation of permanent foreign polling
stations on the basis of reasoned statement of the Ministry of foreign affairs
of Ukraine signed by Minister of foreign affairs of Ukraine and sealed by a seal
of the Ministry of foreign affairs of Ukraine.
5.
Statements of subjects indicated in part four of this Article are filed
with the Central Election Commission no later than three months after this Law
comes into force.
6.
In statements envisaged by part four of this Article the following data
must be indicated:
1)
proposed boundaries of every polling station with indication of the following:
for regular polling
stations: region of Ukraine specified in part two of Article 133 of
the Constitution of Ukraine, district or city with the regional
or republican (in the Autonomous Republic of Crimea) status, to which a settlement belongs, a settlement (city, town or village), streets (avenues, boulevards, squares, lanes, quarters, corners
etc.); numbers of buildings;
for special polling
stations: a full name of the institution or establishment where conditions are created
for temporary stay of voters with limited movement capabilities, number
of a military unit (group) stationed outside
of a settlement at a considerable distance from the above (region
of Ukraine specified in part two of Article 133 of the Constitution
of Ukraine, district or city with the regional or republican (in
the Autonomous Republic of Crimea) status to which a settlement belongs, a settlement
(city, town, village), street (avenue, boulevard, square,
lane, quarter etc.), number of building;
for foreign
polling station: full name of the diplomatic or other official representation
or consular office of Ukraine abroad, exact location of the diplomatic or other
official representation or consular office of Ukraine abroad (country,
subnational administrative unit (state, province, land etc.), a settlement (city, town, village etc.), street (avenue, boulevard, square,
lane, quarter etc.), number of building);
2)
approximate number of voters:
for regular
polling station: on the territory of the respective regular polling station;
for special
polling station: in the institution or establishment where conditions are
created for temporary stay of voters with limited movement capabilities, in the
military unit (group) stationed outside of a settlement at a considerable
distance from the above;
for foreign
polling station: on the territory of a foreign state in which the number of
voters established on the basis of the data of the State Voter Register exceeds
nineteen voters, or a consular district (part of a consular district) in a
foreign state in which the number of voters established on the basis of the data of the State Voter Register exceeds nineteen voters;
3)
availability of respective premises for voting, their exact location;
4)
for a permanent foreign polling station with premises of election
commission and premises for voting outside of the diplomatic or other official
representation or consular office of Ukraine abroad: a written consent of
competent state power bodies (competent local self-government bodies) of the
respective foreign state for creation on the territory of a big city of this
state of a permanent foreign polling station with premises of foreign polling
station election commission, including premises for voting, outside of the
respective diplomatic or other official representation or respective consular
office of Ukraine.
7.
In case if statements about creation of permanent polling stations do
not contain all data envisaged by items 1 – 3 of part six
of this Article, and for permanent foreign polling stations with premises of
election commissions and premises for voting outside of the diplomatic or other
official representation or respective consular establishment of Ukraine – data envisaged by items 1 – 4 of part six
of this Article, or such data require clarification, the Central Election
Commission resolves to make it incumbent on subjects that submitted statements
envisaged by part four of this Article to repeat submission of statements about
creation of permanent polling stations with corrections in one month time
period from the day of making the respective decision by the Central Election
Commission. The Central Election Commission resolves to impose an obligation
onto subjects of statements submission to repeat statements submission no later
than one month after statements submission. In the resolution of the Central
Election Commission about imposing an obligation onto subjects of statements submission
to repeat statements submission it is necessary to indicate the full list of shortcomings
that must be corrected by subjects of statements submission.
8.
The decision of the Central Election Commission about creation of
permanent regular and special polling stations with indication of their numbers
and data envisaged by part six of this Article is published by the Central
Election Commission no later than the third day after making such decision in
the national printed mass media and also no later than the fifth day after
making this decision in the regional printed mass media.
9.
The decision of the Central Election Commission about creation of
permanent foreign polling stations with indication of their numbers and data
envisaged by part six of this Article is published by the Central Election
Commission no later than the third day after making such decision in the
national printed mass media.
Article 20. Permanent Regular Polling
Stations
1.
Permanent regular polling stations are created with the purpose of
organization of voting for the voters at their election addresses that are established
in accordance with legal procedure envisaged by the Law of Ukraine “About the
State Register of voters”.
2.
The Central Election Commission publishes a list of permanent regular
polling stations of every territorial election district with indication of
their numbers and data envisaged by part six of Article 19 of this Law in the
respective regional and local printed mass media no later than seventy days
prior to election day.
3.
No later than fifty eight days prior to election day Kyiv city Mayor,
Chairperson of Sevastopol city state administration, chairpersons
of district state administrations, city mayors of cities with
regional or republican (in the Autonomous Republic of Crimea) status, in case of circumstances specified, respectively, by
parts four through six of this Article, are obliged to submit to the Central
Election Commission statements about creation of new permanent regular polling
stations, statements about liquidation of permanent regular polling stations,
and statements about making changes to the data about permanent regular polling
stations. In the statement it is compulsory to note the data envisaged by part six
of Article 19 of this Law as well as causes, respectively, for creation,
liquidation of a permanent regular polling station, or for making changes to
the data about permanent regular polling station.
4.
The statement about formation of the permanent regular polling station
is submitted to the Central Election Commission by the respective subject
specified in part three of this Article in case of creation of a new settlement
(village, town, city), a new street (avenue,
boulevard, square, lane, quarter, corner etc.), a new building under condition
that in the respective new settlement, on the respective new street or in the
respective new building the number of voters is more than nineteen, and also in
case of increase of the number of voters at the permanent regular polling
station to more than two thousand five hundred voters, under condition that the
excessive number of voters at the permanent regular polling station cannot be
transferred to one permanent regular polling station or to a few permanent regular
polling stations.
5.
Statement about liquidation of the permanent regular polling station is
filed with the Central Election Commission by the respective subject indicated
in part three of this Article, in case of decrease of the number of voters at the
permanent regular polling station to nineteen persons, under condition that
those voters can be all transferred to another permanent regular polling
station, or to a few permanent regular polling stations.
6.
Statement about making changes to the data about the permanent regular
polling station is filed with the Central Election Commission by the respective
subject indicated in part three of this Article, in case of change of any data
about the permanent regular polling station that happened after making a
decision by the Central Election Commission about its creation.
7.
The Central Election Commission makes a decision on the creation,
liquidation of the permanent regular polling station, about making changes to
the data about the permanent regular polling station in case of circumstances
envisaged, respectively, by parts four through six of this Article and under
condition that the respective decision is made in the time period defined by
part three of this Article.
8.
The Central Election Commission makes a decision on the creation,
liquidation of the permanent regular polling station, about making changes to
the data about the permanent regular polling station no later than fifty days
prior to election day.
9.
The decision of the Central Election Commission about creation,
liquidation of the permanent regular polling station, about making changes to
the data about the permanent regular polling station with indication of numbers
of respective stations and the data envisaged by part six of Article 19 of this
Law is published by the Central Election Commission no later than the third day
after making this decision in the national printed mass media and also no later
than the fifth day after making this decision in the regional printed mass media.
10.
On the basis of the decision of the Central Election Commission defined
in part eight of this Article the State Voter Register maintenance bodies make
changes to the personal data of the respective voters in the manner and in the
time period prescribed by the Law of Ukraine “About the State Voter Register”.
The personal data of a voter indicating place and conditions of their vote in
accordance with the Law of Ukraine “About the State Voter Register” changed on
the basis of the decision of the Central Election Commission envisaged by part
eight of this Article are stored in their previous version as the personal data office files of the State Voter Register with indication of the date of
making changes.
11.
In military units (groups) permanent regular polling stations are not
formed. Military persons vote at permanent regular poling stations located
outside of military units (groups). On the territory of the military unit
(group) stationed outside of a settlement at a considerable distance from the
above permanent special polling stations may be created. Occasions, time period and procedure of formation of such permanent special polling stations are
determined by Article 21 of this Law.
Article 21. Permanent Special Polling
Stations
1.
Permanent special polling stations are created in inpatient medical
establishments, institutions of penal executive system, other institutions or establishments where conditions are created
for temporary stay of voters with limited movement capabilities and also on the
territory of military units (groups) stationed
outside of a settlement at a considerable distance from the above.
Permanent special polling stations are created in such fashion that voters can vote without violating the order of stay in the respective institution, establishment, or military unit (group). It is not allowed to create one
permanent special polling station for two or more institutions or
establishments, military units (groups) stationed outside of a settlement at a
considerable distance from the above.
2.
The Central Election Commission publishes a list of permanent special
polling stations of every territorial election districts with indication of
numbers of permanent polling stations and data envisaged by part six of Article
19 of this Law in the respective regional and local printed mass media no later than seventy days prior to election day.
4.
No later than fifty eight days prior to election day Kyiv city Mayor,
Chairperson of Sevastopol city state administration, chairpersons
of district state administrations, city mayors of cities of
the regional or republican (in the Autonomous Republic of Crimea) status, commanders of military units (groups) stationed
outside of a settlement at a considerable distance from the above in case of circumstances defined by parts five through seven of this Article are obliged to submit
to the Central Election Commission statements about creation of new permanent
special polling stations, statement about liquidation of permanent special
polling stations or statements about making changes to the data about permanent
special polling stations. It is obligatory to indicate in the statement the
data envisaged by part six of Article 19 of this Law and also grounds for
creation, liquidation of the permanent special polling station, making changes
to the data about the special polling station.
5.
The statement about creation of the permanent special polling station is
submitted to the Central Election Commission by the respective subject
indicated in part four of this Article, in case of creation of a new inpatient
medical institution, institution of penal executive system or other institution
or establishment, where conditions are created for temporary stay of voters
with limited movement capabilities, creation or re-deployment of a military
unit (group) that was deployed near a settlement at the significant distance
from the above.
6.
The statement about liquidation of the permanent special polling station
is submitted to the Central Election Commission by the respective subject
indicated in part four of this Article, in case of liquidation of an inpatient
medical institution, institution of penal executive system or other institution
or establishment, where conditions are created for temporary stay of voters
with limited movement capabilities, disbandment or re-deployment of a military
unit (group) that was deployed outside of a settlement at the significant
distance from the above to the distance that allows voting of military persons
in this military unit at permanent regular polling stations located outside of
a military unit (group).
7.
The statement about making changes to the data about the permanent
special polling station is submitted to the Central Election Commission by the
respective subject indicated in part four of this Article, in case of change of any data about the permanent special polling station in the time period after passing a resolution by the Central Election Commission about its creation.
8.
The Central Election Commission makes a decision on the formation,
liquidation of a permanent special polling station, about making changes to the
data about a permanent special polling station in case of circumstances
envisaged, respectively, by parts five through seven of this Article under
conditions that the respective statement is submitted in the time period
established by part four of this Article.
9.
The decision on the formation, liquidation of the permanent special
polling station, about making changes to the data about the permanent special
polling station is made by the Central Election Commission no later than fifty
days prior to election day.
10.
Exclusively in cases of creation of a new inpatient medical institution,
penal executive system institution or other institution or establishment where
conditions are created for temporary stay of voters with limited movement
capabilities, creation or re-deployment of a military unit
(group) that was deployed near a settlement at the significant distance from
the above, a permanent special polling station can be created by the Central
Election Commission no later than twenty days prior to election day following
the submission of the statement by the respective district election commission.
Such statement is submitted no later than twenty five days prior to election
day. Such statement is filed on the ground of the address
of the respective subject indicated in part four of this Article that shall be
submitted no later than twenty six days prior to election day. In the statement
and in the address the data envisaged by part six of Article 19 of this Law
must be indicated without fail as well as grounds for creation of the permanent
special polling station.
11.
The decision of the Central Election Commission about creation,
liquidation of the permanent special polling station, about making changes to
the data about the permanent special polling station with indication of numbers
of respective districts and the data envisaged by part six of Article 19 of
this Law is published by the Central Election Commission no later than the
third day after making such decision in the national printed mass media and also no later than the fifth day after making such decision in the regional
printed mass media.
Article 22. Permanent Foreign Polling
Stations
1.
Permanent foreign polling stations are created for organization of the
vote for voters in the foreign election district in the states in which the
number of voters determined on the basis of the State Voter Register exceeds
nineteen and in which the diplomatic or other official representations or
consular institutions of Ukraine were established. Permanent foreign polling
stations are created at the diplomatic or other official representations or
consular offices of Ukraine and also in cases defined by this Article, with
premises of polling station election commissions and premises for voting
outside of the diplomatic or other official representations or consular offices
of Ukraine.
2.
The Central Election Commission publishes a list of permanent foreign
polling stations of the foreign election district with indication of their
numbers within the foreign election district and data envisaged by part six of
Article 19 of this Law in the national printed mass media no later than seventy
days prior to election day.
3.
No later than fifty eight days prior to election day, in case of circumstances defined, respectively, by parts four through six of this Article, the
Ministry of foreign affairs of Ukraine files with the Central Election
Commission the statement about creation at the diplomatic or other official
representations or consular offices of Ukraine of the new permanent foreign
polling stations, statement about liquidation of the permanent foreign polling
stations at the diplomatic or other official representations or consular offices
of Ukraine, statement about making changes to the data
about the permanent foreign polling stations created at the diplomatic or other
official representations or consular offices of Ukraine, in which the data
envisaged by part six of Article 19 of this Law must be mentioned without fail as well as grounds, respectively, for creation, liquidation of the permanent foreign polling
station at the diplomatic or other official representation or consular office
of Ukraine, for making changes to the data about the permanent foreign polling
station at the diplomatic or other official representation or consular office
of Ukraine.
4.
The statement about creation of the permanent foreign polling station at
the diplomatic or other official representation or consular office of Ukraine
abroad is submitted to the Central Election Commission by the Ministry of
foreign affairs of Ukraine in case of opening of a new diplomatic or other
official representation or consular office of Ukraine in a foreign state under
condition that the number of voters in this state determined on the basis of the data of the State Voter Register exceeds nineteen voters or in case of creation of a new consular office in a state in which the number of voters determined on
the basis of the data of the State Voter Register exceeds nineteen voters and
the number of voters in such new consular district exceeds nineteen voters.
5.
The statement about liquidation of the permanent foreign polling station
at the diplomatic or other official representation or consular office of
Ukraine abroad is submitted to the Central Election Commission by the Ministry
of foreign affairs of Ukraine in case of decrease of the number of voters in
the respective state determined on the basis of the data of the State Voter
Register to less than twenty voters, in case of closing of the diplomatic or
other official representation or consular office of Ukraine in the foreign
state in which the number of voters determined on the basis of the data of the
State Voter Register exceeds nineteen voters, in case of liquidation of a
consular district in a state in which the number of voters determined on the basis of the data of the State Voter Register exceeds nineteen and voters in the respective
consular district cannot be all transferred to another permanent foreign
polling station or a few permanent foreign polling stations.
6.
The statement about making changes to the data about the permanent
foreign polling station at the diplomatic or other official representation or
consular office of Ukraine abroad is filed with the Central Election Commission
by the Ministry of foreign affairs of Ukraine in case of change of any data
about the respective foreign polling station after making a decision on the its
creation.
7.
In case if the number of voters at the permanent foreign polling station
exceeds two thousand five hundred voters and those voters cannot be transferred
to other permanent foreign polling stations, the Ministry of foreign affairs of
Ukraine directly or through the diplomatic or other official representation or
consular office of Ukraine in a country of stay at which such polling station was created, no later than eighty days prior to election day, addresses competent bodies of state
power (competent local self-government bodies) of the country of stay with a
petition about granting consent for creation of permanent foreign polling
stations on the territory of big cities of the respective country, the number
of which cannot be less than one (in case if the number of voters at the
existing permanent foreign polling station does not exceed five thousand
voters) and cannot be more than the integer part of the number obtained by
division of the difference between the number of the voters at the existing
permanent foreign polling station and two thousand five hundred (in case if the number of voters at the permanent foreign polling station exceeds five thousand
voters) by two thousand five hundred, with premises for election commissions,
including premises for voting, outside of the respective diplomatic or other
official representation, respective consular office of Ukraine.
8.
In case of obtaining consent of the competent state power bodies
(competent local self-government bodies) of the country of stay for creation of
the permanent foreign polling stations with premises for election commissions,
including premises for voting, outside of the respective diplomatic or other
official representation or respective consular office of Ukraine, in accordance
with part seven of this Article, the Ministry of Foreign Affairs of Ukraine, in
the time period envisaged by part three of this Article, files with the Central
Election Commission along with filing of the statements envisaged by parts four
through six of this Article, the statement about creation of the permanent
foreign polling stations with premises for election commissions, including
premises for voting, outside of the respective diplomatic or other official
representation, respective consular office of Ukraine, in which the following
data must be indicated without fail:
1)
justification of the need of creation of the respective foreign polling
station with indication of grounds envisaged by part seven of this Article;
2)
proposed boundaries of every respective foreign polling station with
indication of name of a foreign state, subnational administrative unit (state,
province, land etc.), names of settlements in the foreign state;
3)
approximate number of voters within every respective foreign polling
station;
4)
exact location of election commission of every respective foreign
polling station and premises for voting on the territory of a big city in the
foreign state with indication of the foreign state name, subnational
administrative unit (state, province, land etc.), name of a big city in the
foreign state, street of such city (avenue, boulevard, square, lane, quarter
etc.), number of building;
5)
written consent of competent state power bodies (competent local
self-government bodies) of the respective foreign state for creation on the
territory of a big city of this state of the permanent foreign polling station
with premises for election commission, including premises for voting, outside
of the respective diplomatic or other official representation or respective
consular office of Ukraine in this state.
The statement
described in the first paragraph of part eight of this Article is signed by the
Minister of foreign affairs of Ukraine and sealed by the seal of the Ministry
of foreign affairs of Ukraine. A copy of the document described in item 5 of
the first paragraph of part eight of this Article attested by the Ministry of
foreign affairs of Ukraine is enclosed with the statement.
9.
In case of non-receipt of consent of competent state power bodies
(competent local self-government bodies) of the country of stay for creation of
all or individual foreign polling stations as envisaged by part eight of this
Article, the Ministry of foreign affairs of Ukraine does not file with the
Central Election Commission the statement about creation of such foreign
polling stations. In this case permanent foreign polling stations are created
with number of voters over two thousand five hundred persons.
10.
In case if the statement of the Ministry of foreign affairs of Ukraine about
creation of the foreign polling station envisaged by part eight of this Article
is drawn up with violations of provisions of part eight of this Article, the Central Election Commission makes a decision by which it makes
it incumbent on the Ministry of foreign affairs of Ukraine to file such
statement one more time with corrected drawbacks no later than five days after
the day when the Central Election Commission made the respective decision,
however, no later than fifty one days prior to election day. The decision of the
Central Election Commission about imposing this obligation onto the Ministry of
foreign affairs of Ukraine to file one more time the statement about creation
of the permanent foreign polling station specified in part eight of this
Article is made no later than two days after filing of the statement. In the
resolution of the Central Election Commission about imposing the obligation on
the Ministry of foreign affairs of Ukraine to file the statement one more time
it is necessary to provide a complete list of drawbacks that have to be
corrected. In case if the Ministry of foreign affairs of Ukraine has not filed the statement about creation of the permanent foreign polling station
specified in part eight of this Article with corrected drawbacks in the time
period established by this part, the respective foreign polling station is not
formed by the Central Election Commission. In this case permanent foreign
polling stations are created on the territory of the respective state with the
number of voters exceeding two thousand five hundred persons.
11.
The Central Election Commission makes a decision on the creation,
liquidation, making changes to the data about foreign polling stations
specified in parts four through six of this Article, in case of circumstances envisaged
respectively by parts four through six of this Article and under condition that
the respective statement is filed in the time period defined by part three of
this Article.
12.
The Central Election Commission makes a decision on the creation of the
foreign polling station specified in part eight of this Article in case of circumstances envisaged by part seven of this Article and under condition that the
respective statement is drawn up in compliance with provisions of part eight of
this Article and submitted to the Central Election Commission in the time
period defined by part three of this Article and in case of repeat filing of
the statement about creation of the respective foreign polling station drawn up
in compliance with provisions of part eight of this Article – if
such repeat statement is filed in the time period established by part ten of
this Article.
13.
The Central Election Commission makes a decision on the creation of the
permanent foreign polling station, about liquidation of the permanent foreign
polling station, about making changes to the data about the permanent foreign
polling station no later than fifty days prior to election day.
14.
The decision of the Central Election Commission about creation of the
permanent foreign polling station, liquidation of the permanent foreign polling
station, about making changes to the data about the permanent foreign polling
station, with indication of numbers of the respective polling stations within
the foreign election district and the data envisaged by part six of Article 19
of this Law, is published by the Central Election Commission no later than the
third day after making such decision in the national printed mass media.
15.
The diplomatic or other official representation of Ukraine or the
consular office of Ukraine in the state on the territory of which the permanent
foreign polling stations are created publishes an announcement about creation
of the respective permanent foreign polling stations in the printed mass media available for the voters, which, according to the data of the State Voter Register,
live or stay on the territory of the respective foreign polling stations, and
in case if publication of the above mentioned announcement is impossible, it
presents this announcement to the public in another way. Such announcement is
published no later than the fifth day after the day of publication of the
Central Election Commission decision envisaged by part thirteen of this Article
in the national printed mass media.
16.
On the basis of the Central Election Commission decision envisaged by
part thirteen of this Article, the structural unit of the Ministry of foreign
affairs of Ukraine that performs the function of the State Voter Register
maintenance body makes changes to the personal data of the respective voters in
the manner and in the time period envisaged by the Law of Ukraine “About the
State Voter Register”. Personal data of a voter indicating place and conditions
of their vote, in accordance with the Law of Ukraine “About the State Voter
Register”, which were modified on the basis of the Central Election Commission decision envisaged by part thirteen of this Article, are
stored in their previous version as the State Voter Register office files with
indication of the date when they were modified.
Chapter IV. ELECTION COMMISSIONS
Article 23. Election Commissions System
1.
The system of election commissions that carry out preparing and holding
the parliamentary election includes the following:
1)
the Central Election Commission;
2)
district election commissions;
3)
polling station election commissions.
2.
Election commissions exercise power as regards preparing and holding the
election on the following territories:
1)
the Central Election Commission: on the whole territory of Ukraine and
in the foreign election district;
2)
district election commission: within the territorial election district;
3)
polling station election commission: within the polling station.
3.
The Central Election Commission exercises power of a district election
commission for the foreign election district.
Article 24. Election Commissions Status
1.
Election commissions are special collective bodies authorized to organize
preparing and holding the parliamentary election and to secure legality and fair
use of the Ukrainian legislation about the parliamentary election.
2.
Status of the Central Election Commission is determined by the
Constitution of Ukraine, Law of Ukraine “About the Central Election Commission”, this and other Laws of Ukraine. The Central Election
Commission is in charge of the election commissions system that organize
preparing and holding the parliamentary election and is the higher level
commission with respect to all district election commissions and polling
station election commissions envisaged by this Law.
3.
The Central Election Commission is not an assignee of district election
commissions.
4.
Status of district election commissions and polling station election
commissions is determined by this Law.
5.
A district election commission is a legal entity. The district election
commission is the higher level commission with respect to all polling station
election commissions within boundaries of the respective territorial election
district for the issues of parliamentary election.
6.
A polling station election commission is not a legal entity. A polling
station election commission is the respective election process subject, it has the right to address state power bodies and local self-government bodies within their powers as well as enterprises, institutions, establishments and organizations, their government
officials and officeholders. The polling station election commission has its own seal, a specimen of which is approved by the Central Election
Commission.
Article 25. Requirements to District
Election Commission Members or Polling Station Election Commission Members
1.
Voters residing on the territory of Ukraine can be district election
commission members or members of an election commission of the permanent
regular or special polling station.
2.
A voter can be a member of only one election commission that carries out
preparing and holding the parliamentary election in Ukraine as well as the election of the President of Ukraine, deputies of the Verkhovna Rada of the
Autonomous Republic of Crimea, deputies of local councils and village mayors,
town and city mayors, commission of the national Ukrainian or local referendum
if the above mentioned election or referendum is carried out concurrently with
the parliamentary election in Ukraine.
3.
The district election commission or the polling station election
commission cannot have among their staff the parliamentary candidates, parties
representatives in the Central Election Commission,
authorized agents of the parties that are participants of the election process,
proxies of the parliamentary candidates, government officials and officeholders
representing state power bodies and local self-government bodies, employees of
courts and Law enforcement institutions as well as citizens that stay in the
penal executive system institutions or have convictions for commission of
deliberate crime if those convictions have not been cancelled or withdrawn in
the manner prescribed by the Law.
4.
Employees of the inpatient medical establishment or the penal executive
system institution cannot be election commission members of the permanent
special polling station created in the respective institution or establishment.
The election
commission of the permanent special polling station created in the inpatient medical
establishment or the penal executive system institution cannot have among their
staff employees of the respective institution.
5.
In case if the other election is held concurrently with the
parliamentary election, the district election commission or the polling station
election commission cannot have among their staff candidates that run for such
election, their authorized agents or proxies, authorized agents of other
subjects of the respective election process.
6.
A secretary of the district election commission or the polling station
election commission must have good command of the state language sufficient for
processing documents.
Article 26. Procedure of District
Election Commission Creation
1.
No later than eighty days prior to election day the
Central Election Commission creates a district election commission
consisting of a chairperson, a deputy chairperson, a secretary and other
commission members, no less than twelve and no more than eighteen members.
2.
The right to nominate candidatures to the district election commissions
is exercised by parties that in the last parliamentary election in Ukraine took
part in distribution of people’s deputies’ mandates as well as by parties that before conducting the last parliamentary election in Ukraine belonged to the
election block that in the last parliamentary election in Ukraine took part in
distribution of people’s deputies’ mandates.
3.
The maximal number of persons that are enrolled into the district election
commission from every party, which corresponds to the requirements of part two of
this Article, is determined by the number of parties, which in the time period
established by part five of this Article, nominated candidatures to be enrolled
into the respective district election commission:
1)
in case if the number of such parties is less than five, the maximal
number of persons that can be enrolled from each of such parties to the
respective district election commission is equal to a whole number obtained as a result of division of eighteen by the number of such parties;
2)
in case if the number of such parties is five, the maximal number of
persons that can be enrolled from each of such parties to the respective
district election commission cannot be more than three;
3)
in case if the number of such parties is more than five, but no more
than nine, the maximal number of persons that can be enrolled from each of such
parties to the respective district election commission cannot be more than two;
4)
in case if the number of such parties is more than nine, but no more
than eleven, the maximal number of persons that can be enrolled from each of
such parties to the respective district election commission is from one to two;
at that parties from which one person can be enrolled into the respective
district election commission and parties from which two persons can be enrolled
into the respective district election commission are determined by drawing lots
for each respective district election commission that is performed by the Central Election Commission no later than the third day after
the deadline for filing statements specified in part five of this Article;
5)
in case if the number of such parties is more than eleven, but no more
than eighteen, the maximal number of persons that can be enrolled from each of
such parties to the respective district election commission cannot be more than
one;
6)
in case if the number of such parties is more than nineteen, the maximal
number of persons that can be enrolled from each of such parties to the respective
district election commission cannot be more than one; at that persons nominated
by respective parties to be enrolled into the respective district election
commission are enrolled into such district election commission according to the
results of drawing lots as per each respective district election commission
that is performed by the Central Election Commission no
later than the third day after the deadline for filing statements specified in
part five of this Article.
4.
Persons nominated by the party to be enrolled into the district election
commission can be rejected only on the basis of their non-compliance with
provisions set forth in Article 25 of this Law, violation of provisions of
parts two, five through seven of this Law or use of mechanism of drawing lots
in cases envisaged by part three of this Article.
In case if the party that complies with provisions of part two of this Article has nominated more persons for enrollment into the respective district election commission than
can be enrolled from this party into this district election commission in
accordance with part three of this Article, persons from such party are
enrolled into the respective district election commission under first (least) ordinal numbers in number determined in compliance with part three of this Article.
5.
A central governing body of the party, which complies with provisions of
part two of this Article, files the statement with the Central
Election Commission on paper and in electronic form about enrollment of
candidatures from the party that are members of this party, or non-partisan,
into the respective district election commissions in compliance with the
standard approved by the Central Election Commission no
later than eighty days prior to election day. The central governing body of the
party, which complies with provisions of part two of this Article, can propose
no more than eighteen persons to be enrolled into the district election
commission.
All persons
nominated by the party for enrollment into the district election commission are
specified in the respective statement of the party under ordinal numbers. At
that a candidature nominated by the party for the position of a chairperson of
the district election commission is listed under number one, a candidature for
the position of a deputy chairperson of the district election commission is
listed under number two, a candidature for the position of a secretary of the
election commission is listed under number three, candidatures for positions of
other members of the election commissions are listed under numbers from four to
eighteen.
The statement
is signed by the party leader and sealed by the party seal.
6.
In the statement on candidatures into district election commissions the
following data are indicated:
1)
ordinal number of a person whose candidature is nominated for enrollment
into the district election commission in accordance with part five of this
Article;
2)
last name, first name and patronymic of a person;
3)
year of birth (also date of birth for persons that
reach the age of eighteen years in the election year);
4)
citizenship of a person;
5)
election address of a person as well as contact telephone numbers;
6)
command of the state language in the scope necessary for processing
documents;
7)
education;
8)
employer and job title;
9)
experience of participation in the activity of the election commissions;
10)
respective education or training.
7.
Handwritten applications of persons nominated for enrollment into the
district election commissions expressing their consent for participation in the
activity of the commission on behalf of the respective party are enclosed with
the statement.
8.
Technical errors and inaccuracies in the statement are not cause for
rejection of the nominated candidatures. The Central Election
Commission informs the leader of the respective party immediately about
revealing such errors and inaccuracies. The above mentioned errors and
inaccuracies can be corrected by means of filing the revised statement
concerning the respective candidatures no later than the day after receiving
such notification. If the revised statement has not arrived in the established
time period, the respective candidatures are turned down. In case of rejection of all candidatures nominated by the party for enrollment into the respective
district election commission, the respective party is not taken into account at
determining, in compliance with part three of this Article, the number of
parties that nominated candidatures for enrollment into the respective district
election commission.
9.
In case if in the time period established by part five of this Article
statements concerning staff of the district election commission have not
arrived or if the number of persons nominated for enrollment into the district
election commission is less than twenty, the district election commission is
created by the Central Election Commission on the basis of the statement of its Chairperson, twelve person in number, with obligatory consideration
of all persons nominated by parties for enrollment to the respective district
election commission within limits of the maximal number of persons that can be
enrolled from each respective party to the district election commission in
accordance with part three of this Article.
10.
Chairperson, deputy chairperson and secretary of the district election
commission cannot be enrolled at the same time into the same district election
commission on the basis of the statement of one and the same party, except case when insufficiency of the number of parties proposing candidatures for the district election
commission in accordance with part three of this Article makes fulfillment of
this requirement impossible.
11.
Every party, candidatures of which are enrolled into the district
election commissions, has the right for a proportionate share of every category
of executive positions in the district election commissions. A share of
executive positions for every party within the national election district is
determined in compliance with the number of candidatures enrolled from the
party to the district election commissions, in relation to the general number
of persons enrolled from the parties to the district election commissions.
The procedure
of distribution of executive positions between the parties with regard to shares
established in compliance with the first paragraph of this part is determined
by the Central Election Commission. At that one shall try
to secure fair and even territorial distribution of executive positions obtained
by representatives of every party.
A person
enrolled into the district election commission upon recommendation of the Central Election Commission chairperson cannot be appointed for
an executive position in the election commission except case when available
number of candidatures nominated by the parties to the district election
commission, in compliance with provisions of paragraph four of this part, makes
fulfillment of this requirement impossible.
While
distributing executive positions between the parties in the district election
commissions, in consideration of shares established in accordance with this
part, the Central Election Commission makes the following
appointments:
1)
for a position of chairperson of the district election commission: a
person nominated by the respective party to this election commission under
number one;
2)
for a position of deputy chairperson of the district election
commission: a person nominated by the respective party to this election
commission under number two, or in case, if the party has nominated only one
person to this election commission, or in case if only one person can be
enrolled into this election commission from the respective party in accordance
with part three of this Article, a person nominated by the respective party to
this election commission under number one;
3)
for a position of secretary of the district election commission: a
person nominated by the respective party to this election commission under
number three; or in case if the party has nominated to this election commission
less than three persons, or in case if less than three persons can be enrolled
into this election commission from the respective party in accordance with part
three of this Article, a person nominated by the respective party to this
election commission under lesser ordinal number starting with number one.
12.
The decision on the creation of the district election commissions and
their staff made in accordance with provisions of this Law is published by the Central Election Commission in three days after the day of
making such decision in the national printed media. An extract from this
decision on the creation of the district election commissions in the respective
district and about their staff is published by the Central Election Commission
in the regional printed mass media in seven days time period after the day of
making such decision. The decision on the staff changes in the district
election commission is published in the manner and in the time period defined
by this part but no later than the last day prior to election day.
Article 27. Procedure of Election Commission
Creation
at Regular or
Special Polling Station
1.
The election commission of the regular or special polling station
consisting of a chairperson, a deputy chairperson, secretary and other members
is created by the respective district election commission no later than thirty
five days prior to election day.
2.
A polling station election commission has the following staff numbers:
1)
at small polling stations: 10-18 persons;
2)
at medium size polling stations: 14-20 persons;
3)
at large polling stations: 18-24 persons.
3.
At polling stations where the number of the voters is no more than fifty
persons, the polling station election commission can consist of a chairperson,
a secretary and commission members in number from two to four.
4.
Parties that are the election process subjects have the right to
nominate candidatures to election commissions of regular and special polling
stations. An authorized party’s agent in the respective territorial election
district submits candidatures on behalf of the party.
5.
The maximal number of persons that can be enrolled into the election
commission of a small polling station from every party that is the election
process subject depends on the number of parties that are the election process
subjects that in the time period defined by part ten of this Article nominated
candidatures to the respective election commission of the small polling
station:
1)
in case if the number of such parties is equal to one, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the small polling station cannot be more than ten;
2)
in case if the number of such parties is more than one, but less than
four, the maximal number of persons that can be enrolled from each such party
into the respective election commission of the small polling station cannot be
more than six;
3)
in case if the number of such parties is equal to four, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the small polling station cannot be more than four;
4)
in case if the number of such parties is more than four, but less than
seven, the maximal number of persons that can be enrolled from each such party
into the respective election commission of the small polling station cannot be
more than three;
5)
in case if the number of such parties is more than six, but less than
ten, the maximal number of persons that can be enrolled from each such party
into the respective election commission of the small polling station cannot be
more than two;
6)
in case if the number of such parties is more than nine, but less than
nineteen, the maximal number of persons that can be enrolled from each such
party into the respective election commission of the small polling station
cannot be more than one;
7)
in case if the number of such parties is more than eighteen, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the small polling station cannot be more than one, and persons nominated by respective parties to the respective
election commission of the small polling station are enrolled into such
election commission as per results of drawing lots for each respective election
commission of the small polling stations conducted by the district election
commission no later than the third day after the deadline for filing statements
specified in part ten of this Article.
6.
The maximal number of persons that can be enrolled from each party that
is the election process subject into the election commission of a medium size
polling station depends on the number of parties that are the election process
subjects that in the time period defined by part ten of this Article nominated
candidatures to the respective election commission of the medium size polling
station:
1)
in case if the number of such parties is equal to one, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the medium polling station cannot be more than fourteen;
2)
in case if the number of such parties is two, the maximal number of
persons that can be enrolled from each such party into the respective election
commission of the medium polling station cannot be more than eight;
3)
in case if the number of such parties is more than two, but less than
five, the maximal number of persons that can be enrolled from each such party
into the respective election commission of the medium polling station cannot be
more than five;
4)
in case if the number of such parties is more than four, but less than
seven, the maximal number of persons that can be enrolled from each such party
into the respective election commission of the medium polling station cannot be
more than three;
5)
in case if the number of such parties is more than six, but less than
eleven, the maximal number of persons that can be enrolled from each such party
into the respective election commission of the medium polling station cannot be
more than two;
6)
in case if the number of such parties is more than ten, but less than
fourteen, the maximal number of persons that can be enrolled from each such
party into the respective election commission of the medium polling station is
from one to two; parties from which one person can be enrolled into the
respective election commission of the medium polling station and parties from
which two persons can be enrolled into the respective election commission of the
medium polling station are determined by casting lots for each respective
election commission of the medium polling stations conducted by the district
election commission no later than the third day after the deadline for filing
statements specified in part ten of this Article;
7)
in case if the number of such parties is more than thirteen, but less
than twenty one, the maximal number of persons that can be enrolled from each
such party into the respective election commission of the medium polling station
cannot be more than one;
8)
in case if the number of such parties is more than twenty, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the medium polling station cannot be more than one;
persons nominated by parties to the respective election commission of the
medium polling station are enrolled into such election commission as per results of drawing lots for each respective medium polling station election commission
conducted by the district election commission no later than the third day after
the deadline for filing statements specified in part ten of this Article.
7.
The maximal number of persons that can be enrolled from every party that
is the election process subject into the election commission of a large polling
station depends on the number of parties that are the election process subjects
that in the time period defined by part ten of this Article nominated
candidatures to the respective election commission of the large polling
station:
1)
in case if the number of such parties is equal to one, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the large polling station cannot be more than eighteen;
2)
in case if the number of such parties is equal to two, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the large polling station cannot be more than ten;
3)
in case if the number of such parties is equal to three, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the large polling station cannot be more than eight;
4)
in case if the number of such parties is equal to four, the maximal number
of persons that can be enrolled from each such party into the respective
election commission of the large polling station cannot be more than six;
5)
in case if the number of such parties is equal to five, the maximal
number of persons that can be enrolled from each such party into the respective
election commission of the large polling station cannot be more than four;
6)
in case if the number of such parties is more than five, but less than
nine, the maximal number of persons that can be enrolled from each such party
into the respective election commission of the large polling station cannot be
more than three;
7)
in case if the number of such parties is more than eight, but less than
thirteen, the maximal number of persons that can be enrolled from each such
party into the respective election commission of the large polling station
cannot be more than two;
8)
in case if the number of such parties is more than twelve, but less than
eighteen, the maximal number of persons that can be enrolled from each such
party into the respective election commission of the large polling station is
from one to two; parties from which one person can be enrolled into the
respective election commission of the large polling station and parties from
which two persons can be enrolled into the respective election commission of
the large polling station are determined by drawing lots for each respective
election commission of the large polling stations performed by the district
election commission no later than the third day after the deadline for filing
statements specified in part ten of this Article;
9)
in case if the number of such parties is more than seventeen, but less
than twenty five, the maximal number of persons that can be enrolled from each
such party into the respective election commission of the large polling station
cannot be more than one;
10)
in case if the number of such parties is more than twenty four, the
maximal number of persons that can be enrolled from each such party into the
respective election commission of the large polling station cannot be more than
one; persons nominated by the respective parties to the respective election
commission of the large polling station are enrolled into such election
commission as per results of drawing lots for each respective election
commission of the large polling stations performed by the district election
commission no later than the third day after the deadline for filing statements
specified in part ten of this Article.
8.
The maximal number of persons that can be enrolled from every party that
is the election process subject into a polling station election commission
envisaged by part three of this Article depends on the number of parties that
are the election process subjects that in the time period defined by part ten
of this Article submitted candidatures into the respective election commission
of such polling station:
1)
in case if the number of such parties is equal to one, the maximal
number of persons that can be enrolled from each such party into the respective
polling station election commission cannot be more than four;
2)
in case if the number of such parties is more than one, but less than
four, the maximal number of persons that can be enrolled from each such party
into the respective polling station election commission cannot be more than
two;
3)
in case if the number of such parties is more than three, but less than
seven, the maximal number of persons that can be enrolled from each such party
into the respective polling station election commission cannot be more than
one;
4)
in case if the number of such parties is more than six, the maximal
number of persons that can be enrolled from each such party into the respective
polling station election commission cannot be more than one; persons nominated
by the respective parties to the polling station election commission envisaged
by part three of this Article are enrolled into such election commission as per results of drawing lots for every polling station election commission envisaged by part
three of this Article performed by the district election commission no later
than the third day after the deadline for filing statements specified in part
ten of this Article.
9.
Candidatures nominated to the polling station election commission can be
rejected only under condition of their non-compliance with provisions of
Article 25 of this Law, violation of provisions of parts four, ten and eleven
of this Article or use of mechanism of drawing lots in cases envisaged by parts
five through eight of this Article.
In case if the party that corresponds to provisions of part four of this Article has nominated more persons to the respective polling station election commission than can be
enrolled from this party into such polling station election commission, in accordance
with parts five through eight of this Article, persons from this party listed
under first (least) ordinal numbers are enrolled into the respective polling
station election commission and number of those persons is determined in
accordance with parts five through eight of this Article.
10.
The authorized party’s agent envisaged by part four of this Article
files with the respective district election commission a statement announcing
candidatures from the party, who are party members or non-partisan, into the
respective polling station election commissions, no later than fourty five days
prior to election day, on paper and in electronic form. The authorized party’s
agent can submit candidatures into the polling station election commissions in
the respective territorial election district as follows:
1)
small polling station: no more than eighteen persons;
2)
medium polling station: no more than twenty persons;
3)
large polling station: no more than twenty four persons;
4)
polling station defined by part three of this Article: no more than six
persons.
All persons
nominated by the party to the respective polling station election commission
are listed in the respective party’s statement under ordinal numbers. The
candidature nominated by the party for the position of the polling station
election commission chairperson appears under number one, the candidature for
the position of deputy chairperson of the polling station election commission
appears under number two, the candidature for the position of secretary of the
polling station election commission appears under number three whereas candidatures into the election commission members appear under the following numbers starting
with number four.
The statement
is signed by the party leader or the authorized party’s agent in the respective
territorial election district and is sealed by the party’s seal.
11.
In the statement on candidatures into the polling station election
commissions the data are indicated as envisaged by part six of Article 26 of
this Law. Handwritten applications of persons nominated to the polling station
election commission expressing their consent to take part in the activity of the
polling station election commission on behalf of the party are enclosed with
the statement.
12.
Technical errors and inaccuracies that appear in the statement are not
cause for rejection of the nominated candidatures. The district election
commission informs immediately the authorized agent of the respective party in
the territorial election district about revealing such errors and inaccuracies.
The above mentioned errors and inaccuracies can be corrected by means of filing
a revised statement about respective candidatures no later than the day after
the receipt of the above mentioned notification. If a revised statement has not arrived by the indicated deadline, the respective candidatures are rejected. In case of rejection of all candidatures nominated by the party to the respective polling station
election commission, the respective party is not taken into consideration at
determining the number of parties that nominated candidatures to this polling
station election commission in compliance with parts five through eight of this
Article.
13.
In case if the statements pertaining to the polling station election
commission staff have not arrived by the deadline indicated in part ten of this
Article or if the number of nominated candidatures to the polling station
election commission is less than the minimal number established by part two and
three of this Article, the district election commission is obliged to create
the polling station election commission upon a notice from the district
election commission chairperson with the minimal number of members established
by parts two and three of this Article, at that it is compulsory to take into
consideration all persons nominated by parties to the respective polling
station election commission within limits as to the number of persons that can
be enrolled into the respective polling station election commission from each
respective party, in accordance with parts five through eight of this Article.
14.
A chairperson, a deputy chairperson and a secretary of the polling
station election commission cannot be enrolled at the same time into the same
polling station election commission on the basis of the statement of the same
party except case when the insufficient number of parties, from which
candidatures are enrolled into the respective polling station election
commission, in accordance with parts five through eight of this Article, makes
fulfillment of this requirement impossible.
15.
Every party, the candidatures from which have been enrolled into polling
station election commissions, has the right for a proportionate share of each
category of executive positions in the polling station election commissions
within boundaries of the territorial election district, separately in the
small, medium and large polling stations, as well as in the polling stations
envisaged by part three of this Article. A share of executive positions for
every party in every category of polling stations in the territorial election
district is determined in accordance with the number of candidatures enrolled
from the party into the election commissions of respective categories in the
territorial election district in relation to the general number of persons
enrolled from the parties into the election commissions of respective
categories in the territorial election district.
The manner of
distribution of executive positions between the parties with regard to shares
determined in accordance with the first paragraph of this part is established
by the Central Election Commission.
A person enrolled
into the polling station election commission on the basis of recommendation of the
district election commission chairperson cannot be appointed to an executive position
in the polling station election commission except case when available number of
candidatures nominated by the parties for enrollment into the polling station
election commissions, in consideration of provisions of
the fourth paragraph of this part, makes fulfillment of this requirement
impossible.
When
distributing executive positions between the parties in the polling station
election commissions, in consideration of shares determined in accordance with
this part, the district election commission appoints:
1)
to a position of chairperson of the polling station election commission
: a person nominated by the respective party to this election commission under
number one;
2)
to a position of deputy chairperson of the polling station election
commission: a person nominated by the respective party to this election
commission under number two, or in case, if the party has nominated only one
person to this election commission, or in case if only one person can be
enrolled into this election commission from the respective party in accordance
with parts five, six or seven of this Article, respectively, this shall be a
person nominated by the respective party to this election commission under
number one;
3)
to a position of secretary of the polling station election commission: a
person nominated by the respective party to this election commission under
number three; or in case if the party has nominated to this election commission
less than three persons, or in case if less than three persons can be enrolled
into this election commission from the respective party in accordance with part
three of this Article, this shall be a person nominated by the respective party
to this election commission under lesser ordinal number starting with number
one.
16.
In case of creation of the permanent special polling station, in
exceptional case, in accordance with part ten of Article 21 of this Law, the
polling station election commission is created by the Central
Election Commission at the same time with creation of the polling
station on the basis of the statement of the district election commission.
17.
The district election commission informs authorized agents of all
parties in the respective territorial election district about preparation of
the statement to be filed with the Central Election Commission about
creation of the permanent special polling station in exceptional case, and proposes to file a statement about candidatures to the polling station election commission
in the manner prescribed by this Article, in the time period determined by the
district election commission, but no later than five days after notification,
18.
The decision on the creation of the polling station election commission is
published in the regional and local printed mass media no later than the fifth
day after making the above mentioned decision, or, in case when it is
impossible to publish it, it is presented to public in another way. The
decision on the creation of the election commission of the permanent special
polling station formed in exceptional case as well as the decision on the
changes in staff of the polling station election commission is published or
presented to public no later than the day after making this decision.
19.
No later that thirty three days prior to election day every district
election commission is obliged to inform the Central Election
Commission in writing about the number of polling station election
commissions in the territorial election district to which every party, which
nominated parliamentary candidates in the respective territorial election
district, has nominated candidatures for enrollment into polling station
election commissions.
Article 28. Order of Creating Foreign Polling Station
Election Commission
1.
The foreign polling station election commission is created by the
Central Election Commission no later than thirty five days prior to election
day, it shall consist of a chairperson, a deputy chairperson, a secretary and
other commission members. The number of staff of the foreign polling station
election commission is determined in compliance with parts two and three of
Article 27 of this Law.
2.
Voters that in the period of preparing and holding the election reside
or stay on the territory of the respective foreign state can be members of the
foreign polling station election commission.
3.
The parties that are the election process subjects as well the Ministry of foreign affairs of Ukraine have the right to nominate candidatures to
polling station election commissions.
4.
The maximal number of persons to be included from every party that is
the election process subject to the foreign polling station election commission
is determined in the manner established by parts five through nine of Article
27 of this Law.
5.
The central governing body of the party envisaged by part three of this
Article files with the Central Election Commission the statement on paper and
in electronic form about enrollment of candidatures from the party that are
party members, or non-partisan, into respective foreign polling station
election commissions, no later than fourty five days prior to election day. The
central governing body of the party envisaged by part three of this Article,
can nominate to polling station election commissions:
1)
at a small foreign polling station: no more than eighteen persons;
2)
at a medium foreign polling station: no more than twenty persons;
3)
at a large foreign polling station: no more than twenty four persons;
4)
at a foreign polling station envisaged by part three of Article 27 of
this Law: no more than six person.
All persons
nominated by the party for enrollment into the respective foreign polling
station election commission are numbered in the party’s respective statements.
At that a candidature nominated by the party for a position of the election
commission chairperson is listed under number one, a candidature for a position
of the election commission deputy chairperson is listed under number two and a
candidature for a position of the election commission secretary is listed under
number three, whereas candidatures for positions of other commission members
are listed under the following numbers starting with number four.
The statement
is signed by the party leader and sealed by the party seal.
6.
The Ministry of foreign affairs of Ukraine files with the Central
Election Commission the statement on paper and in electronic form about
enrollment to all foreign polling station election commissions of the employees
of the diplomatic and other official representations of Ukraine abroad as well as the voters that in the period of preparing and holding the election reside or stay on
the territory of the respective state no later than fourty five days prior to
election day, in number no less than the minimal staff number of respective
polling station election commissions established by part two or three of
Article 27 of this Law. Candidatures nominated by the Ministry of foreign
affairs for enrollment into foreign polling station election commissions shall
correspond to requirements established by part three of Article 25 of this Law.
All
candidatures nominated by the Ministry of foreign affairs of Ukraine for enrollment into the respective foreign polling station election commission are
listed in the respective statement filed by the Ministry of foreign affairs
under ordinal numbers. At that a candidature nominated by the Ministry of
foreign affairs of Ukraine for a position of the election commission
chairperson is listed under number one, a candidature for a position of the
election commission deputy chairperson is listed under number two and a
candidature for a position of the election commission secretary is listed under
number three, whereas candidatures for positions of other commission members
are listed under the following numbers starting with number four.
The statement
is signed by Minister of foreign affairs of Ukraine and sealed by the seal of
the Ministry of foreign affairs of Ukraine.
7.
In the statements on candidatures for enrollment into the foreign polling
station election commissions from the parties envisaged by part six of Article
26 of this Law the data are indicated envisaged by part six of Article 26 of
this Law. Handwritten applications of the persons nominated for enrollment into
the polling station election commission about their consent to take part in the
activity of the polling station election commission on behalf of the respective
party or on the basis of the statement of the Ministry of foreign affairs of Ukraine are included with the statement.
8.
Technical errors and inaccuracies that appear in the statement of the
party envisaged by part three of this Article are not cause for rejection of
candidatures nominated to foreign polling station election commissions. The
Central Election Commission informs immediately the authorized agent of the
respective party in the Central Election Commission about revealing such errors
and inaccuracies. The above mentioned errors and inaccuracies can be corrected
by means of filing a revised statement about respective candidatures no later
than the day after the receipt of the above mentioned notification. If a
revised statement has not arrived by the indicated deadline, the respective
candidatures are rejected. In case of rejection of all candidatures nominated
by the party to the respective foreign polling station election commission, the
respective party is not taken into consideration at determining the number of
parties that nominated candidatures to this foreign polling station election
commission in compliance with parts five through eight of Article 27 of this
Law.
9.
In case if the statements of the parties about staff of the foreign
polling station election commission have not arrived in the time period
established by part five of this Article, or if the number of candidatures
nominated by the parties for enrollment into the foreign polling station
election commission is less than the minimal number established by parts two
and three of Article 27 of this Law, the Central Election Commission is obliged
to create the foreign polling station election commission on the basis of the statement of the Central Election Commission Chairperson with the minimal number of
members established by parts two and three of Article 27 of this Law, at that
it is compulsory to take into account all candidatures nominated by the parties
for enrollment into the respective polling station election commission in
consideration of limits concerning the maximal number of persons that can be included
into the respective foreign polling station election commission from each
corresponding party in compliance with parts five through eight of Article 27
of this Law, and also it is compulsory to take into account the candidatures
nominated by the Ministry of foreign affairs of Ukraine for enrollment
into the respective foreign polling station election commission, the number
of which shall be determined as a difference between the minimal number of the
respective foreign polling station election commission established by parts two
and three of Article 27 of this Law, and the number of candidatures nominated
by the parties envisaged by part three of Article for enrollment into the
respective foreign polling station election commission.
10.
Chairperson, deputy chairperson and secretary of the polling station
election commission cannot be enrolled into the same foreign polling station
election commission on the basis of the statement of the same party except for
case when insufficient number of the parties from which candidatures are
included into the respective polling station election commission in accordance
with parts five through eight of Article 27 of this Law makes the fulfillment
of this requirement impossible.
11.
Every party, the candidatures from which are included into the foreign
polling station election commissions has the right for the proportionate share
of every category of executive positions in polling station election
commissions in the foreign election district, separately small, medium and
large polling stations envisaged by part three of Article 27 of this Law. The
share of executive positions for every party in every category of polling
stations in the foreign election district is determined in accordance with the
number of candidatures included from the party into election commissions of the
polling stations of the respective category in the foreign election district,
in relation to the general number of persons included into election commissions
of the polling stations of the respective category from the parties in the
foreign election district.
The procedure
of distribution of executive positions between the parties in accordance with
shares defined in compliance with the first paragraph of this part is
determined by the Central Election Commission.
A person
included into the foreign polling station election commission on the basis of the statement of the Ministry of foreign affairs of Ukraine cannot be appointed for an
executive position in the polling station election commission, except case when the available number of candidatures nominated by the parties for enrollment into the
foreign polling station election commission, in consideration of provisions of
the fourth paragraph of this part, makes the fulfillment of this provision impossible.
While distributing the executive positions between the parties in the foreign
polling station election commissions within shares established in accordance
with this part, the Central Election Commission appoints:
1)
to a position of the polling station election commission chairperson: a
person nominated by the respective party for enrollment into this commission
under number one;
2)
to a position of the polling station election commission deputy
chairperson: a person nominated by the respective party for enrollment into
this commission under number two, or,
in case, if the party has nominated to this commission only one person, or,
in case of enrollment of only one person to this commission from the respective
party in accordance with parts five, six or seven of Article 27 of this Law,
that shall be a person nominated by the respective party for enrollment into
this commission under number one;
3)
to a position of the polling station election commission secretary: a
person nominated by the respective party for enrollment into this commission
under number three, or, in case if the party has nominated to this commission
less than three persons, or, in case of enrollment of less than three persons
to this commission from the respective party in accordance with parts five
through eight of Article 27 of this Law, that shall be a person nominated by
the respective party for enrollment into this commission under lesser ordinal
number one, starting with number one.
12.
The decision on the creation of the foreign polling station election
commission is published in the national printed mass media no later than the
third day after making the aforementioned decision. Publication of the data about
the location, mailing address and office hours of the foreign
polling station election commissions is organized by the respective diplomatic
or other official representations or consular offices of Ukraine in the respective foreign states in consideration of the local conditions of the
country of stay.
Article 29. The Central Election Commission
Powers
1.
The Central Election Commission powers concerning preparing and holding
the parliamentary election are determined by this Law, Law of Ukraine “About the Central Election Commission” and other Laws of Ukraine.
2.
In addition to powers established by the Law of Ukraine “About the Central Election Commission”, the Central Election Commission:
1)
controls Law observance and fair use of the legislation about the
parliamentary election by the voters, district election commissions and polling
station election commissions and their members, executive power bodies and
local self-government bodies, enterprises, establishments, institutions,
organizations and their officials and officeholders, mass media, their owners,
officials and creative staff, parties, their representatives and authorized
persons, official observers, other associations of citizens;
2)
provides organizational and methodological support
to the election commission activity;
3)
provides for organization of compulsory training for all district
election commission members dedicated to the election process organization,
determines the procedure and time schedule of going through compulsory training
dedicated to the election process organization by members of the district
election commissions and the election commissions of the regular and special
polling stations, approves standard of the document that verifies going through
the training dedicated to the election process organization by members of the
district election commissions and the election commissions of the regular and
special polling stations, procedure and subjects of such documents issuance;
4)
convokes a meeting of the election commission of the lower level, in case of need, upon its own initiative;
5)
establishes the norms and the list of equipment, supplies for the
election commission premises and premises for voting as well as types of services and works that can be rendered to election commissions;
6)
stops circulation of funds at the bank accounts of the district election
commissions in bank institutions after the termination of powers of those
commissions or in case of violation by them of financial discipline; makes a
decision on the transfer of remaining funds onto the Central Election Commission
account;
7)
approves the form and text of the election ballots for the parliamentary
election for voting in the territorial election district, provides for
centralized production of the necessary quantity of election ballots and
stock-taking of election ballots for voting in the parliamentary election in
the territorial election district and hands them over to the district election
commissions;
8)
approves the form and text of the election ballots for the parliamentary
election for voting in the foreign election district, provides for centralized
production of the necessary quantity of election ballots and stock-taking of
election ballots for voting in the parliamentary election in the foreign
election district, hands the election ballots for voting in the parliamentary
election in the foreign election district over to a representative of the
Ministry of Foreign Affairs of Ukraine for their passing over to the foreign
polling station election commissions;
9)
makes a decision on granting the right to a non-governmental
organization to have official observers, under conditions and in accordance
with the procedure envisaged by Article 27 of this Law;
10)
establishes the vote results and draws up a report about the vote
results in the foreign election district;
11)
considers applications and complaints as regards preparing and holding
the election in the foreign election district and makes a decision upon the
results of considering such applications and complaints;
12)
registers official observers from the parties, NGOs in the foreign
election district;
13)
exercises other powers of the district election commission in the
foreign election district as well as exercises other powers envisaged by this
and other Laws of Ukraine.
3.
The Central Election Commission can involve respective specialists,
experts and technical workers for organizational, legal and technical support
of fulfillment of functions envisaged by this Law and Law of Ukraine “About the
Central Election Commission”.
Article 30. District Election
Commission Powers
1.
The district election commission becomes empowered from the moment of
adjuration held by no less than two thirds of its minimal staff number as defined by part one of Article 26 of this Law, at its first meeting that is held after
receipt of the documents that verify going through training envisaged by item 3
of part two of Article 29 of this Law by no less than two thirds of its minimal
staff number defined by part one of Article 26 of this Law, but no later than
the tenth day after making a decision on the commission creation. The procedure
and time frame of going through the training by the district election
commission members shall be determined by the Central Election Commission so
that the issuance of the documents to the district election commission members,
which verify going by them through such training, is organized no later than
the ninth day after the day of making a decision on the creation of the
respective district election commission.
2.
The district election commission:
1)
organizes preparing and holding the parliamentary election within the
territorial election district;
2)
controls Law observance and fair use of legislation about the
parliamentary election in the respective territorial election district by voters,
polling station election commissions and their members, executive power bodies
and local self-government bodies, their officials and officeholders, mass media, their owners, officials and creative staff, parliamentary candidates and their
proxies, parties, their representatives and authorized persons, official
observers, other associations of citizens;
3)
provides organizational and methodological support to the polling
station election commissions;
4) provides for compulsory training dedicated to the election
process organization for all members of the election commissions of the regular
and special polling stations in the territorial election district in accordance
with the procedure and time period established by the Central Election
Commission;
5) creates election commissions of the regular and special
polling stations in accordance with this Law, except case envisaged by part
sixteen of Article 27 of this Law;
6)
convokes a meeting of the polling station election commission, in case of need, upon its own initiative;
7)
resolves on the issue of use of funds of the State Budget of Ukraine
allocated for preparing and holding the parliamentary election in the manner
prescribed by the Central Election Commission;
8)
controls activities of the executive power organs and local
self-government organs for the issues of providing premises for voting,
transportation vehicles, communication means and equipment; considers and
resolves, within its competence, on other issues of financial and logistical
support of the parliamentary election on the territory of the election
district;
9)
along with respective executive power bodies and local self-government
bodies promotes the meetings of the parliamentary candidates, parties’
authorized agents and parliamentary candidates’ proxies with the voters at
enterprises, establishments, institutions and organizations of all forms of
ownership and organizes such meetings in cases envisaged by this Law;
10)
delivers the election ballots for voting in the territorial election
district and letterheads of other documents to the State Voter Register
maintenance bodies in accordance with this Law, controls stock-taking of the
election ballots for voting in the territorial election district;
11)
organizes production of seals and their delivery to the polling station
election commissions in the respective territorial election district;
12)
listens to the information reported by the polling station election
commissions, local self-government bodies and local self-government bodies for
the issues of preparing and holding the election;
13)
register parliamentary candidates included on the parties’ election
lists of parliamentary candidates in the respective territorial election
district as well as the parties’ official observers, public organizations in
the territorial election district;
14)
provides for production of informational bulletins about the
parliamentary candidates included on the parties’ election lists of
parliamentary candidates in the respective territorial election district;
15)
considers applications and complaints as regards preparing and holding
the parliamentary election in the territorial election district and makes
decisions on them;
16)
establishes the vote results and the election outcome in the territorial
election district, makes a report about the vote results and the election
outcome in the territorial election district, delivers the report about the
vote results and the election outcome in the territorial election district and
other election documentation envisaged by this Law, to the Central Election
Commission;
17)
declares the vote at the polling station invalid in cases envisaged by this Law;
18)
hands over the election and other documentation for storing in the
respective state archive institution in the manner prescribed by the Central
Election Commission;
19)
exercises other powers envisaged by this and other Laws of Ukraine.
3.
The district election commission powers expire in twenty days after the
day of official publication of the election outcome by the Central Election
Commission in the manner prescribed by this Law.
4.
The district election commission terminates its activity in the manner
and in the time period established by Article 37 of this Law.
Article 31. Polling Station Election Commission
Powers
1.
The election commission of the regular and special polling station
becomes empowered at the moment of adjuration held by no less than two thirds
of its minimal staff number as defined by parts two and three of Article 27 of
this Law, at the commission meeting held after receipt of the documents that
verify going through the training envisaged by item 4 of part two of Article 30
of this Law by no less than two thirds of the commission minimal staff number
established by parts two and three of Article 27 of this Law, but no later than
the tenth day after making a decision on the commission creation. The procedure
and time frame of going through training by members of election commissions of
the regular and special polling stations shall be determined by the Central
Election Commission so that the issuance of the documents to the polling
station election commission members, which verify going by them through such
training, is held no later than the ninth day after the day of making a decision
on the creation of the respective polling station election commission.
2.
The foreign polling station election commission becomes empowered at the
moment of adjuration held by no less than two thirds of its minimal staff
number as defined by parts two and three of Article 27 of this Law, at the
commission meeting held no later that the third day after making a decision on
the commission creation.
3.
The polling station election commission:
1) controls Law observance and fair use of legislation about the parliamentary
election during the vote and vote count at the polling station;
2)
receives the draft voter list from the respective State Voter Register
maintenance body, makes a voter list in cases envisaged by this Law, provides
it to the public, receives the final voter list for the polling station from
the State Voter Register maintenance body;
3)
provides for a possibility for the voters to become familiar with the
parties’ election lists of the parliamentary candidates, the data about the
parliamentary candidates as well as the decisions made by the Central Election
Commission, the respective district election commission, the polling station
election commission’s own decisions and notices;
4)
organizes stock-taking of the election ballots received from the State
Voter Register maintenance body;
5)
organizes preparation of premises for voting and ballot boxes;
6)
organizes voting at the polling station;
7)
conducts the count of votes cast by the voters at the polling station,
prepares a report about the vote results at the polling station, delivers the
report about the vote results at the polling stations as well as other election documentation to the respective State Voter Register maintenance body or (for
the foreign polling station election commission) sends the report about the
vote results at the polling station to the Central Election Commission in the
manner prescribed by this Law;
8)
recognizes the vote at the polling station invalid in case of circumstances envisaged by Article 86 of this Law;
9)
considers applications and complaints related to preparing and holding
the election at the polling stations and makes decisions on them within their
competence;
10)
exercises other powers envisaged by this Law and other Laws of Ukraine.
4.
The polling station election commission powers expire in fifteen days
after the day of official publication of the parliamentary election results by
the Central Election Commission.
5.
The polling station election commission ceases its activity at the same
time with termination of its powers.
Article 32. Organizing Election
Commission Activity
1.
The election commission is a collective body. The main type of the
commission activity is a meeting that is convoked by the commission
chairperson, or in case of their absence by the commission deputy chairperson,
or in case of absence of the commission chairperson and deputy chairperson by
the commission secretary.
2.
In case of need the election commission meeting can be convoked on the basis of the decision of the higher election commission.
3.
The election commission chairperson or deputy chairperson is obliged to
convoke the commission meeting upon receipt of a written statement with a
requirement to convoke a meeting filed on behalf of no less than one third of the
commission members, no later than the day after the receipt of such
requirement.
4.
The first meeting of the district election commission is convoked by the
commission chairperson in the time period established by part one of Article 30
of this Law whereas the following meetings of the district election commission
are convoked when there is a need for them. The first meeting of the election commission of the
regular or special poling station is convoked by the commission chairperson
in the time period established by part one of Article 31 of this Law whereas the following meetings of the election commission of the regular or special poling station
are convoked when there is a need for them. In case of creation of the election
commission at the same time with creation of the polling station in accordance
with part sixteen of Article 27 of this Law the first commission meeting is
held no later than the next day after the day of its creation.
5.
The election commission meeting, including the meeting held on the
election day during the vote count, establishing the vote results at the
polling station, vote results and the election outcome in the territorial
election district are plenipotentiary under condition of presence of more than
half of the commission members.
6.
While convoking the election commission meeting, it is necessary to
notify all election commission members about the time, location of holding the
commission meeting and its agenda.
7.
The election commission members are presented with the commission draft
decisions as well as the necessary documents, as a rule, no later than the last day prior to the day of the commission meeting, but no later than the beginning of the
commission meeting.
8.
The election commission meeting is chaired by the commission chairperson
or deputy chairperson; in case of non-fulfillment by them of this function or
in case of their absence, including on the election day, in particular, during
the vote count, establishing the election results at the polling station, the
vote count and the election results in the territorial election district, the
commission at each such meeting appoints the meeting chairperson among the
commission members who represent the same subject of nominating the
candidatures to the election commission and in case of absence or refusal of
such member (such members) the commission appoints the other commission member.
9. On the basis of the requirement set up by three commission
members as well as on the basis of the decision of the higher election
commission or a court, the election commission is obliged to consider at its
meeting the respective issues that belong to the commission competence, no
later that three days from the day of presenting such requirement or making the
aforementioned decision, and in case of receiving the above on the election
day, the commission, except the polling station election commission, shall
consider the respective issues immediately. The polling station election
commission is obliged to consider at its meeting the respective issues that
belong to its competence, upon the requirement of the aforementioned commission
members on election day, or upon the decision made on election day by the
higher election commission or the court, immediately after the end of the vote.
10.
The election commission decision is made by open voting by majority of votes
of the commission members, except cases envisaged by this Law.
11.
The commission decisions comes into force from the moment of making the
aforementioned decision, except cases envisaged by this Law.
12.
At the meeting of the district or polling station election commission on
election day, in particular, during the vote count, establishing the vote
results at the polling station, the vote results and the election outcome in
the territorial election district the commission decision is made by no less
than two thirds of the commission members who are present at the commission
meeting.
13.
The election commission member who takes part in its meeting and
disagrees with the commission decision has the right to express a dissenting
opinion in writing no later than two days after the commission meeting, which
is enclosed with the election commission meeting report and is its inalienable
part.
14.
The election commission decision made within its competence is
obligatory for fulfillment by all subjects of the election process, executive
power bodies and local self-government bodies, their officials and
officeholders as well as by mass media.
15.
The election commission decision that is made in defiance of Laws of
Ukraine or made with exceeding the commission powers can be cancelled by the
higher election commission or recognized as illegitimate and cancelled by the
court. In such case the higher election commission has the right to make a
decision on the respective issue.
16.
Statements, complaints and other documents that were sent to the
election commission are received and registered in the manner prescribed by the
Central Election Commission.
17.
The election commission can involve the respective specialists, experts
and technical workers for organizational, legal and technical support of
carrying out of the functions envisaged by this Law.
18.
No one has the right to interfere with the activity of the election
commission, except cases envisaged by the Law.
Article 33. Right of Presence at
Commission Meeting
1.
The parties’ representative in the Central Election Commission take part
in the Central Election Commission meetings with the right of advisory vote.
2.
The following categories of persons have the right to be present at the
Central Election Commission meeting without a permit or invitation:
1)
authorized parties’ agents in the national election district (altogether
no more than two persons from one party);
2)
official observers from foreign states and international organizations;
3)
official observers from NGOs (altogether no more than ten persons from
different NGOs);
4)
mass media representative.
3.
Only the following persons have the right to be present at the meetings
of the district election commission or election commission of the regular or
special polling station, including at the meeting during the vote count and
establishing the vote results, at the regular or special polling station on
election day in premises where the voting is held, without a permit or
invitation:
1)
higher election commission members;
2)
parliamentary candidates included on the parties’ election list of
parliamentary candidates in the respective territorial election district,
parliamentary candidates’ proxies, parties’ authorized agents in the respective
territorial election district, official observers from the parties that are the
election process subjects (altogether no more than two persons from every party
that nominated parliamentary candidates in the respective territorial election
district: parliamentary candidates, parliamentary candidates’ proxies,
authorized agents of the respective party in the respective territorial
election district or official observers from this party);
3)
official observers from NGOs (altogether no more than three persons from
different NGOs);
4)
official observers from the foreign state and international
organizations;
5)
mass media representatives (no more than five persons from one mass media outlet).
4.
The following persons have the right to be present at the foreign
polling station election commission meeting, including at the meeting during
the vote count and establishing the vote result, at the foreign polling station
on election day in premises where the voting is held, without a permit or
invitation:
1)
the Central Election Commission members;
2)
authorized parties’ agents in the national election district, official
observers from the parties, which are the election process subjects, that were
registered by the Central Election Commission (altogether no more than two
persons from every party);
3)
official observers from NGOs registered by the Central Election
Commission for election monitoring in the foreign election district (altogether
no more than three persons from different NGOs);
4)
official observers from the foreign states and the international
organizations;
5)
mass media representatives (no more than five persons from one mass media outlet).
5.
Other persons except those that are indicated in parts three and four of
this Article can be present at the respective election commission meeting only
upon receiving a permit or invitation from this commission; at that the
commission makes the respective decision on granting such permit or invitation
at the commission meeting. Stay of persons not envisaged by parts three and four
of this Article, at the respective polling station during
the voting as well as at the respective commission meeting during the vote
count, establishing the vote results, is prohibited.
6.
The election commission can make a reasoned decision on depriving of the
right to be present at the commission meeting of the persons indicated in parts
three through five of this Article, if they illegitimately hamper the meeting.
Such decision is made by two thirds of the commission members.
7.
The Law enforcement bodies representatives can be guarding Law and order
on election day and during the vote count only beyond the premises for voting.
In case of facts of violations of Law and order the commission chairperson,
deputy chairperson or commission secretary can call for the Law enforcement
bodies representatives exclusively for executing actions for restoring Law and
order and for a duration necessary for such actions.
Article 34. Documenting Election Commission
Activity
1.
Documenting the election commission activity is organized in the manner
established by this Article and in accordance with the procedures of the
election commission documents processing that are approved by the Central
Election Commission.
2.
The commission secretary draws up the minutes of the election commission
meeting. In case of absence of the commission secretary or in case of non-fulfillment by them of their functions, the commission elects the meeting secretary
at its meeting among its members, who fulfills the duties of the commission
secretary at the respective meeting and draws up the meeting documentation. The
commission meeting minutes are signed by the meeting chairperson and the
commission secretary (or the meeting secretary). The commission meeting minutes
are presented to the commission members no later than at the next commission
meeting, at that the commission member has the right to sign it.
3.
The election commission decision on the respective issue is drawn up in
a form of resolution that shall contain:
1)
the commission name;
2)
the resolution name;
3)
date and place of passing the resolution and its number;
4)
explanatory part with reference to circumstances on the ground of which
the respective issue was considered at the commission meeting, references to
respective provisions of the legal bills or the higher election commission
resolution that the commission was guided by while adopting the resolution;
5)
resolutive part.
4.
The resolution is signed by the commission meeting chairperson. The
resolution subject and number shall be reflected in the respective election
commission meeting minutes.
5.
The resolution, which is passed by the district election commission or polling
station election commission, is displayed for public on a stand along with the commission
official materials no later than the morning after adopting such resolution,
whereas the resolution passed on the eve of election day, on election day and
during the vote count is displayed no later than four hours after the end of
the election commission meeting. Such resolution is also made known to the
election process subjects concerned. The resolution copy that is signed by the election
commission chairperson and the election commission secretary and sealed by the election
commission seal is issued to the election process subject concerned, upon their
request, no later than four hours after adopting this resolution, whereas on election day it shall be done immediately. The stand of the commission for displaying the
commission official materials is set up in the commission premises in the area
accessible for the visitors.
6.
The commission can pass resolutions, which are reflected in the
commission meeting minutes, on the issues of the commission routine activity.
7.
The election commissions draws up bills and minutes. The commission bill
attests a certain fact or a certain event that is discovered and recognized by
the commission. The commission minutes reflect the results of certain actions
performed by the commission.
8.
The election commission bills and minutes are drawn up in cases envisaged by this Law, in accordance with standards approved by the Central Election
Commission, in number of copies as defined by this Law. The commission bill or
minutes are signed by all commission members present at the meeting, and their
signatures are attested by the election commission seal. The parliamentary
candidates, the parties’ representatives in the Central Election Commission,
the parties’ authorized agents, the parliamentary candidates’ proxies have the
right to sign the first copy of the bill or minutes.
Article 35. Status of Election
Commission Member
1.
The status of the Central Election Commission member is determined by
the Law of Ukraine “About the Central Election Commission”.
2.
The status of the district election commission member or the polling
station election commission member as well as the procedure of acquiring this
status is defined by this Law.
3.
The district election commission member or a member of the election
commission of the regular or special polling station must become familiar with
parts seven through twelve of this Article at the first meeting of the election
commission in which they take part, after going through the compulsory training
envisaged, respectively, by item 3 of part two of Article 29 of this Law and
under condition of receiving a document about completion of such training
course as envisaged, respectively, by part one of Article 30 of this Law, part
one of Article 31 of this Law, whereas the foreign polling station election
commission member familiarizes themselves with parts seven through twelve of
this Article at the first election commission meeting in which they take part after
their appointment to a position of the foreign polling station election
commission member, and after that they swear an oath of the election commission
member as follows:
“I, (last name, first name, patronymic), taking upon myself powers
of the election commission member and realizing my responsibility before the
Ukrainian nation, swear to observe the Constitution of Ukraine, to fulfill my
duties honestly and conscientiously, on the basis of principles of the rule of
Law, Lawfulness, objectivity and impartiality, to secure realization and
protection of the election rights of the citizens of Ukraine”.
4.
A person that took the oath appends their signature under the text of
the oath. This document is inalienable part of the respective commission
documentation. After swearing the oath the election commission member receives
an identification card of the election commission member signed by the higher
election commission chairperson.
5.
Refusal of the district election commission member or a member of the election
commission of the regular or special polling station from going through the training
envisaged, respectively, by item 3 of part two of Article 29 of this Law, item 4 of part two of Article 30 of this Law in cases not envisaged by this Law,
as well as refusal of the district election commission member, or the
polling station election commission member, to take an oath of the election
commission member means their refusal to be the election commission member.
6.
Upon the election commission decision which is approved by the higher
election commission, the commission chairperson, deputy chairperson, secretary
or other members of the district election commission or the polling station
election commission (altogether no more than three persons) for a duration of
the whole period of powers of the election commission or a part of this period
can perform their duties in the election commission and get payment for their
work in the commission in accordance with Article 44 of this Law or perform
their duties on the basis of the civil Law contract between them and the
election commission. The above mentioned persons are exempted from their
regular job duties in production or at office, whereas their total general or
special service time remains uninterrupted.
7.
The election commission member has the right:
1)
to take part in working on issues that are included on the election
commission agenda;
2)
to express their opinion at the election commission meeting, to address
the questions about the agenda to the other commission members, to put forward
proposals on the issues that are within the commission competence;
3)
to check the activity of the lower election commission upon the
instruction of the respective election commission;
4)
to get free access to the documents of the election commission to which
they belong, and to the documents of the lower election commission on the
respective territory;
5)
to receive compensation for harm caused to their life, health or
property in connection with fulfillment of the election commission member
duties, including travel expenses associated with fulfillment of the commission
member duties, in the manner and in the amount established by the Cabinet of
Ministers of Ukraine.
8.
The commission member cannot be dismissed from their regular job
position or demoted on the ground of fulfillment by them of the election
commission member duties.
9.
The commission member is obliged to:
1)
observe the Constitution of Ukraine, this Law and other
Laws of Ukraine in the issues associated with preparing and holding the
election;
2)
to take part in the election commission meetings;
3)
to fulfill the election commission decisions and perform duties imposed
onto them in accordance with the distribution of duties in the commission.
10.
The election commission member also enjoys other rights and duties
envisaged by this Law and other Laws of Ukraine.
11.
For a duration of performance of the election commission member duties
(participation in the commission meetings, other events envisaged by this Law
or the commission decisions) every commission member enjoys the right for
receiving the guarantees and compensations stipulated by the legislation for
civil servants covering the period of performing by them the civil servant
duties or public duties during the office hours. The election commission
members are exempted from their duties at their regular jobs for a duration of
the time period necessary for performance of the election commission member
duties, on the basis of the written statement of the commission chairperson,
deputy chairperson or secretary of the respective election commission about
convoking the commission meeting or on the basis of the election commission
decision on the involvement of the election commission member into other
activities envisaged by this Law. Such statements or decisions shall contain
the date, time and expected duration of the election commission meeting or
other event.
12.
It is prohibited to the election commission member for a duration of
their service in the election commission to campaign for or against of the
parties and the parliamentary candidates and to assess in public the activities
of the parties that are the election process subjects as well as the parliamentary candidates.
Article 36. Early Termination of Powers
of Election Commission or Election Commission Member
1.
The district election commission powers or the polling station election
commission powers can be terminated early by the election commission that
created it, upon their initiative or on the ground of the court decision, in case of repeat violation by the commission of the Constitution of Ukraine, this Law and other
Laws of Ukraine.
2.
The early termination of powers of the whole election commission is not
the commission liquidation.
3.
Powers of the district election commission member or the polling station
election commission member are terminated by the election commission that
created it on the grounds of the following:
1)
commission member’s abdication statement;
2)
anulling of their candidature by the subject who nominated them;
3)
if they discontinue to be citizens of Ukraine;
4)
if they leave Ukraine or the country on the territory of which the
foreign polling station was created for the period till the election day that
makes it impossible for them to perform the duties of the election commission
member;
5)
if they are registered as parliamentary candidate in Ukraine or in the
Autonomous Republic of Crimea, or candidate into the local council deputy or a
candidate for a position of the village, town or city mayor, if the above
mentioned elections are held at the same time with the parliamentary election
in Ukraine;
6)
if they are registered as the party’s representative in the Central
Election Commission, the party’s authorized agent or proxy of the parliamentary
candidate to the Verkhovna Rada of the Autonomous Republic of Crimea, candidate
into the local council deputy or a candidate for a position of the village,
town or city mayor, authorized agent of the local party’s organization (bloc of
the local parties’ organizations), if the above mentioned elections are held at
the same time with the parliamentary election in Ukraine;
7)
their enrollment to another election commission that provides for
preparing and holding the parliamentary election in Ukraine or the election to
the Verkhovna Rada of the Autonomous Republic of Crimea, election to the local
councils or election of village, town or city mayors if the above mentioned
elections are held at the same time with the parliamentary election in Ukraine;
8)
refusal of the district election commission member or a member of the election
commission of the regular or special polling station from going through training
envisaged by item 3 of part two of Article
29 of this Law, item 4 of part
two of Article 30 of this Law, except
cases envisaged by part seven and eight of this Law;
9)
refusal to take an oath of the election commission member;
10)
breaking the oath of the election commission member that was discovered as a result of default in fulfillment of duties assigned onto them, that has to be attested by no less than two decisions on this matter of the election commission to
which they belong;
11)
repeat violation or one time gross violation of the legislation of
Ukraine about the election established in the court decision or decision of the
higher election commission;
12)
if a court conviction against them for commissioning a deliberate crime
comes into force;
14)
their death.
4.
Under the circumstances envisaged by items 1, 3, 5-9,
12-14 of part three of this Article the powers of the respective election
commission member are terminated from the moment of arising or revealing of the
above mentioned circumstances, whereas in case of circumstances envisaged by items
2, 4, 10, 11 of part three of this Article the powers of the
respective election commission member are terminated from the moment of making
a decision on their powers termination.
5.
The higher election commission, which terminated powers of the election
commission or individual member of the election commission before the appointed
time, or revealed grounds for termination of powers, informs about it the
subjects, on the basis of statements of which those persons were enrolled to
the election commission and whose powers were terminated before the appointed
time or concerning whom grounds were revealed for their powers termination.
6.
In case of early termination of powers of the whole election commission,
the respective election commission of higher level appoints new members of the
election commission in the manner prescribed by Law, no later than the seventh
day after termination of the commission powers, but no later than the last day prior to election day.
7.
In case of early termination of powers of the election commission
member, the respective election commission of higher level enrolls another
person to the election commission instead of the commission member whose powers
were terminated in the manner prescribed by this Law. In case of appointment of a person as a district election commission member or a member of the
election commission of the regular or special polling station, in the time
period, during which it will be impossible for them, prior to election day, to
go through compulsory training, which is dedicated to organizing the election
process, such election commission member is made exempt from the compulsory
training dedicated to organizing the election process and takes an oath without
receipt of a document about going through the respective training. Powers of
such election commission member cannot be terminated on the basis of item 8 of part three of this Article.
8.
In case of early termination of powers of the election commission member
on the last day prior to election day, such decision is made at the same time with
a decision on the enrollment of another representative of the same subject of
nominating a candidature to the respective election commission. The election
commission member included into the district election commission or the
election commission of the regular or special polling station on the last day prior to election day is exempted from the compulsory training dedicated to organizing
the election process and takes an oath without receipt of a document about
going through the respective training. Powers of such election commission
member cannot be terminated on the basis of item 8 of part three of this
Article.
9.
The party that is the subject of nomination of candidature of the commission
member, whose powers were terminated before the appointed time, has the priority right for nominating a candidature to be included into the election commission
instead of a person that left it. The statement envisaged by part nine of this
Article, filed in accordance with the provisions of this Law, cannot be
declined.
10.
In case of early termination of powers of the foreign polling station
election commission member, when the subject that nominated their candidature, as defined in part nine of
this Article, is absent, another person is included into this commission on the
basis of the statement of the Ministry of foreign affairs of Ukraine only in case if the number of the polling station election commission members became less than the
minimal number established by parts two and three of Article 27 of this Law.
11.
In case if the commission chairperson, deputy chairperson or the
election commission secretary repeatedly fail to fulfill their functions that
were assigned onto them, the respective district or polling station election
commission can address the election commission that created it with a reasoned statement about their replacement, if no less than two thirds of the commission members
voted for it. This statement must be considered in the time period established
in part seven of this Article. A decision on the replacement of the election
commission chairperson, deputy chairperson, the election commission secretary
does not cause termination of powers of those persons as ordinary members of
the respective election commission. Such decision is made in consideration of
requirements of parts ten and eleven of Article 26, parts fourteen and fifteen
of Article 27, parts ten and eleven of Article 28 of this Law.
Article 37. Acquiring and Discontinuing
Legal Status of District Election commission
1.
Acquiring and discontinuing a legal status of the district election
commission is organized in the manner prescribed by the Laws of Ukraine, with
specificities established by this Law.
2.
The district election commission acquires a status of a legal entity
from the moment of making an entry about this commission into the Unified State
Register of legal entities and physical persons-entrepreneurs.
3.
For making an entry with the data about the district election commission
to the Unified State Register of legal entities and physical
persons-entrepreneurs the commission chairperson, and in case of their absence the commission deputy chairperson, shall file in person a copy of the
respective decree of the Central Election Commission about creation of the
commission and the filled in registration card of the established standard with
the state registrar in the area of location of the district election commission
no later than six days from the day of the commission creation.
4.
A fee for the state registration of the district election commission as a legal entity is not charged.
5.
The status of the district election commission as a legal entity is
discontinued by means of making an entry about exclusion of the commission from
the Unified State Register of legal entities and physical
persons-entrepreneurs.
6.
No later than five days from the day of official publication of the
election results the district election commission chairperson, or, in case of their absence, the commission deputy chairperson, addresses the state registration body
with a written statement about the date of the commission termination.
7.
On the basis of the statement indicated in part six of this Article the
information about the date of termination of the district election commission
is published in the bulletin of the state registration that is the ground for
announcing debt claims.
8.
A fee for publication of the announcement in the bulletin of the state
registration about termination of the district election commission is not paid.
9.
With the purpose of the state registration of termination of the
district election commission as legal person by means of the commission
liquidation the commission chairperson, or, in case of their absence, the
commission deputy chairperson, after the end of procedure of the commission
termination, but not earlier than in thirty days from the day of the official
publication of the election results, shall file in person with the state
registrar in the area of location of the commission the filled in registration
card of the established standard, certificate about the state registration of
the legal person, a statement from the archive institution about receipt of
documents that are subjects of the long term storing in accordance with the Law
as well as the report on joint audit held by the financial controlling bodies.
Additional documents are not required for the state registration of termination
of the district election commission as a legal person as a result of its
liquidation.
10.
The district election commission chairperson, or, in case of their absence, the district election commission deputy chairperson delivers the
certificate about the state registration of the legal person with the mark of
the registration body about termination of the election commission to the
Central Election Commission.
Chapter
V. VOTER LISTS
Article 38. Making Draft Voter Lists
for Regular and Foreign Polling Stations, Permanent Special Polling Stations in
Penal Executive System Institutions and in Military Units (Groups) Stationed at
Considerable Distance from Inhabited Settlements
1.
No later than thirty days prior to election day all State Voter Register
maintenance bodies make draft voter lists on the basis of the State Voter
Register data for every regular polling station as well as for permanent
special polling stations in the penal executive system institutions and in the
military units (groups) stationed at a considerable distance from inhabited
settlements. The State Voter Register maintenance body in the Ministry of
foreign affairs of Ukraine makes draft voter lists for every permanent foreign
polling station.
2.
Draft voter lists for the polling stations envisaged by part one of this
Article are made on the basis of the form established by the Central Election
Commission in two copies on paper and in electronic form. Every copy of the
draft voter list for respective polling station is signed by the head of the
State Voter Register maintenance body and sealed by the seal of this body.
3.
A voter can be included on a draft voter list only at one polling
station.
4.
Voters that belong to the polling station in accordance with their
personal data listed in the State Voter Register are included on the draft
voter list.
5.
Persons whose personal data are contained in the State Voter Register
data base, but who, in accordance with the Register data have no right to vote,
died or left their election address (including temporarily on election day),
are not included on the draft voter list.
6.
In the draft voter list the voters are listed under ordinal numbers. The
data about the voters are provided in accordance with their election addresses
so that the data about voters with the same election address are indicated next
to each other. In the draft voter list the following information is specified:
1) a voter’s last name, first name (all given names) and
patronymic (if relevant);
2) year of birth (for voters who reached
the age of 18 years in the election year their date of birth shall be
specified);
3) a voter’s election address (without indication of zip code
and country of residence);
4) note about permanent incapacity of a voter to move
independently (in case when relevant).
7.
No later than twenty five days prior to election
day the State Voter Register maintenance body head or the State Voter Register
maintenance body representative (representatives) authorized by their chief
delivers (deliver) one
copy of draft voter lists for polling stations envisaged by part one of this
Article to each respective polling station. A second copy is kept by the State
Voter Register maintenance body. No less than three election commission members
receive the draft voter list on behalf of the polling station election
commission, at that those three election commission members shall represent
different subjects of nominating candidatures to the polling station election
commission, one of them shall be the commission chairperson, or, in case if that is impossible, the commission deputy chairperson or secretary. A report is drawn up
about delivery of the voter list to the polling station election commission in
two copies in accordance with the standard and the procedure established by
part eight of Article 34 of this Law.
8.
If the polling station election commission has not received a draft
voter list for the respective polling station in twenty five days prior to
election day, the commission lodges a complaint about inaction of the State
Voter Register maintenance body in the manner prescribed by this Law.
9. The party’s authorized agent in the territorial election
district has the right to receive in the respective State Voter Register
maintenance body an electronic copy of the draft voter list for every regular
polling station as well as for every permanent special polling station in the
penal executive system institutions and in the military units (groups)
stationed at a considerable distance from inhabited settlement in the
respective territorial election district. The party’s authorized agent in the
national election district has the right to receive an electronic copy of the
draft voter list for every foreign polling station in the Sate Voter Register
maintenance body.
10.
Draft voter lists for the special polling stations in inpatient medical
establishments are compiled by the respective polling station election
commissions in the time period and in the manner established by Article 41 of
this Law.
Article 39. Verification and Updating of
Draft Voter Lists for Regular and Foreign Polling Stations, Permanent
Special Polling Stations in Penal Executive System Institutions and in Military
Units (Groups) Stationed at Considerable
Distance from Inhabited Settlements
1.
The election commission of the polling station envisaged by part one of
Article 38 of this Law, after receipt of the draft voter list for the
respective polling station, in the manner and in the time period established by
part one of Article 38 of this Law, displays it to the public in the election
commission premises on the next day after receipt of it.
2.
The State Voter Register maintenance body sends a personal notification
to every voter to their election addresses established as per the State Voter
Register data base, which is drafted in accordance with the form elaborated by
the State Voter Register manager informing the voter about their inclusion into
the draft voter list at the respective polling station. Such notification shall
contain:
1)
a voter’s last name, first name (all given names) and patronymic (if
relevant);
2)
a voter’s year of birth;
3)
a voter’s election address;
4)
territorial election district number, indication of the foreign election
district;
5)
a polling station number;
6)
a polling station election commission address, telephone number and
office hours;
7)
number of a voter in the voter list;
8)
information about availability of the record in the draft voter list
about incapacity of a voter to move independently;
9)
time and place of the voting;
10)
clarification as to the procedure and time frame of addressing the State
Voter Register maintenance body as regards correcting inaccuracies introduced
in the draft voter list;
11)
clarification given to a voter, in the entry about which in the draft
voter list there was a record about their incapacity to move independently, concerning
their right to vote at the place of their stay and a possibility of refusal
from this right in the time period established by part six and seven of this
Article.
3.
Every voter has the right to become familiar with the draft voter list
in the election commission premises and to check the data included on the draft
voter list. Every voter has the right to address the State Voter Register
maintenance body with a written statement about inaccuracies introduced in the
draft voter list, including a statement about inclusion of them and other
voters to the State Voter Register, statement about change of their personal
data or data of other voters in the State Voter Register.
4.
A written statement envisaged by part three of this Article drawn up in accordance
with the form established by the State Voter Register manager is filed by a voter
either with the respective polling station election commission in the time period
envisaged by part six of this Article, or directly with
the State Voter Register maintenance body in the time frame envisaged by part
seven of this Article.
5.
The voter’s statement as regards their inclusion into the State Voter
Register has to be drafted in accordance with the requirements established by
the Law of Ukraine “About the State
Voter Register” for statements as to the voter inclusion into the State
Voter Register. The voter’s statement concerning change of the voter’s personal
data in the State Voter register has to be drafted in accordance with
requirements established by the Law “About the State Voter Register” for
statements as to change of the voter’s personal data in the State Voter
Register.
6.
The written statement envisaged by part three of this Article can be
filed by the voter with the respective polling station election commission no
later than seventeen days prior to election day.
7.
The written statement envisaged by part three of this Article can be
filed by the voter with the State Voter Register maintenance body according to
their election addresses only after the end of the time period defied by part
six of this Article, but no later than fifteen days prior to election day.
8.
The polling station election commission delivers the commission
statements, voters’ statements as well as addresses of the other election
process subjects concerning voter non-inclusion, incorrect inclusion on the
draft voter list or inaccuracies in the data about the voter to the respective
State Voter Register maintenance body no later than the day after the receipt
of them. The voters’ statements envisaged by this part, addresses of the other
election process subjects concerning voter non-inclusion, incorrect inclusion
into the draft voter list or inaccuracies in the data about the voter filed
with the polling station election commission later than seventeen days prior to
election day are not accepted by the polling station election commission and
are filed by the voter or another election process subject directly with the
respective State Voter Register maintenance body in the manner and in the time
period established by this Article. At that the polling station election
commission is obliged to explain to the voter or another election process
subject the procedure of filing the statements and addresses, envisaged by this
part, with the respective State Voter Register maintenance body.
9.
The originals of all voters’ statements about correcting inaccuracies in
the draft voter lists and supplements to such statements are enclosed with the
data indicated in part eight of this Article.
10.
The State Voter Register maintenance body that received the statements
in the manner and in the time period envisaged by part seven of this Article as well as addresses and documents indicated in parts eight and nine of this Article checks the
corresponding data in the manner prescribed by the Law of Ukraine “About the
State Voter Register” for consideration of the voters’ statements concerning
inclusion into the State Voter Register and for consideration of the voters’
statements about change of their personal data in the State Voter Register.
11.
The State Voter Register maintenance body head declines statements and
addresses received in accordance with the legal procedure established by the
parts six through eight of this Article concerning the voter inclusion into the
State Voter Register only under circumstances defined by the Law of Ukraine
“About the State Voter Register” as conditions for declining the voters’
statements as regards the voter inclusion into the State Voter Register.
12.
The State Voter Register maintenance body head declines the voters’
statements and addresses concerning incorrect inclusion of the voter into the
draft voter list, which were received in accordance with legal procedure
defined in parts six through eight of this Article, only under circumstances
defined by the Law of Ukraine “About the State Voter Register” as conditions for declining the voters’ statements as regards change of their personal data in
the State Voter Register.
13.
The State Voter Register maintenance body head informs in writing the
voter, whose address concerning inclusion into the State Voter Register or
making changes to the voter’s personal data in the State Voter Register was rejected, about rejecting the statement (address) received in accordance with legal procedure
envisaged by parts six through eight of this Article and provides the complete
list of grounds for such rejection. Such written notification is sent to the
address indicated in the respective statement (address) no later than three days
after receipt of the statement (address) by the State Voter Register
maintenance body.
14.
In case of confirming the data in the statement (address) received in
accordance with legal procedure envisaged by parts six through eight of this
Article, the State Voter Register maintenance body head makes respective
changes to the voter’s personal data in the State Voter Register and informs
about it in writing the voter and the respective polling station election
commission. The written statement is sent to the voter to the address indicated
in the respective statement (address) no later than three days after receipt by
the State Voter Register maintenance body of the statement (address) and shall
correspond to the requirements established by part two of this Article.
15.
A person, who addressed the State Voter Register maintenance body in the
manner prescribed by parts six and seven of this Article concerning
inaccuracies introduced in the draft voter list, including the statement about
their inclusion or inclusion of other voters into the State Voter Register,
statement about the change of the voter’s personal data or personal data of
other voters in the State Voter Register, can lodge a complaint to the
respective State Voter Register maintenance body or directly to the court with
regards to decisions, actions or inaction of the respective State Voter
Register maintenance body.
16.
Complaint as to decisions, actions or inaction of the State Voter
Register maintenance body drawn up in accordance with requirements established
by this Law can be filed with the respective State Voter Register maintenance
body no later than ten days prior to election day. Such complaint is considered
by the regional State Voter Register maintenance body in two days time period,
however, no later than eight days prior to election day whereas the complaint submitted in eight days prior to election day shall be considered immediately.
A writ filed by the voter about their inclusion or inclusion of other voters to
the State Voter Register, about their exclusion or exclusion of other voters
from the State Voter Register, or about change of their personal data or
personal data of other voters in the State Voter Register drafted in accordance
with the requirements established by the Code of administrative legal
proceedings of Ukraine can be filed with the court no later than ten days prior
to election day. Such writ is considered by the court in two days time period
but no later than eight days prior to election day whereas a writ filed in eight
days prior to election day is considered immediately.
17.
The regional State Voter Register maintenance body or court, upon the
results of considering, respectively, a complaint, a writ, as envisaged by part sixteen of this Article, makes one of the four decisions as follows: about making it incumbent onto the State Voter Register maintenance body head to
include the voter or other voters to the State Voter Register; about making it
incumbent onto the State Voter Register maintenance body head to exclude the
voter or other voters from the State Voter Register; about making it incumbent
onto the State Voter Register maintenance body head to make changes to the
personal voter’s data or personal data of other voters in the State Voter
Register; about rejection of a complaint (rejection of an administrative suit).
18.
In case if the State Voter Register maintenance body makes a decision on
making it incumbent onto the State Voter Register maintenance body head to
include the voter or other voters to the State Voter Register, about making it
incumbent onto the State Voter Register maintenance body head to exclude the
voter or other voters from the State Voter Register, about making it incumbent
onto the State Voter Register maintenance body head to make changes to the
personal voter’s data or personal data of other voters in the State Voter
Register, the regional State Voter
Register maintenance body transmits the established data about the voter
(voters) to the respective State Voter Register maintenance body for execution
of actions pertaining to the State Voter Register maintenance envisaged by the
Law “About the State Voter Register” and this Law. In case if the regional State Voter Register maintenance body makes a decision to reject the voter’s complaint, the regional State Voter Register
maintenance body sends a written reply with the complete list of grounds for the
claim rejection to the voter who filed the complaint, to their
election address or the address that the voter requested to be recognized as their election address.
19.
In case if the court makes a decision on making it incumbent onto the State
Voter Register maintenance body head to include the voter or other voters to the
State Voter Register, about making it incumbent onto the State Voter Register maintenance
body head to exclude the voter or other voters from the State Voter Register, about
making it incumbent onto the State Voter Register maintenance body head to make
changes to the personal voter’s data or personal data of other
voters, the court sends a copy of the court decision to
the respective State Voter Register maintenance body for execution of actions
pertaining to the State Voter Register maintenance envisaged by the Law “About
the State Voter Register” and this Law. In case if the court makes a decision to
reject the administrative suit, the court gives or sends a
copy of the court decision to the plaintiff to their election address or the address
that the voter requested to be recognized as their election address, no later
than eight days prior to election day.
20.
No later than seven days prior to election day on the basis of decisions of the regional State Voter Register maintenance bodies and court decisions about
making it incumbent onto the State Voter Register maintenance body head to include
the voter or other voters to the State Voter Register, about
making it incumbent onto the State Voter Register maintenance body head to exclude
the voter or other voters from the State Voter Register, about
making it incumbent onto the State Voter Register maintenance body head to make
changes to the personal voter’s data or personal data of other
voters, envisaged by parts seventeen and eighteen of this
Article as well as on the basis of office records in the State Voter Register
data base entered in accordance with the procedure set forth by part five of
Article 41 of this Law, the State Voter Register maintenance body head makes
respective changes to the personal data of the voters in the State Voter
Register and informs in writing every voter about that at their election
address, or at the address that the voter requested to be recognized as their election address, no later than six days prior to election day. A notification sent by
the State Voter Register maintenance body head to the voter shall correspond to
the requirements established by part two of this Article.
Article 40. Making Final Voter Lists for Regular and Foreign
Polling Stations, Permanent Polling Stations in Penal Executive
System Institutions and in Military Units (Groups) Stationed at Considerable Distance from Inhabited Settlements
1.
No later than seven days prior to election day all State Voter Register
maintenance bodies on the territory of Ukraine make final voter lists, on the basis of the data of the State Voter Register that were verified and updated in accordance with
the legal procedure prescribed by Article 39 of this Law, for every regular
polling station, foreign polling station as well as permanent special polling
stations in the penal executive system institutions and in the military units
(groups) stationed outside of inhabited settlements at a considerable distance
from the above in the respective territorial election district.
2.
Compiling the final voter lists for every regular polling station, foreign
polling station as well as for permanent special polling stations in the penal
executive system institutions and in the military units (groups) stationed
outside of inhabited settlements at a considerable distance from the above is
carried out by the State Voter Register maintenance body head after completion
of actions envisaged by parts fourteen and nineteen of Article 39 of this Law.
3.
The final voter lists for every regular polling station, foreign polling
station as well as for permanent special polling stations in the penal
executive system institutions and in the military units (groups) stationed
outside of inhabited settlements at a considerable distance from the above are
compiled in accordance with the standard established by the Central Election
Commission, in two copies on paper and in electronic form. Every copy of the
final voter list for every polling station on every page is signed by the State
Voter Register maintenance body head and sealed by the seal of this body.
4.
In the final voter list the voters are listed under ordinal numbers. The
data about the voters are provided in accordance with their election addresses
so that the data about voters with the same election address are indicated next
to each other. In the final voter list the following information is specified:
1)
a voter’s last name, first name (all given names) and patronymic (if
relevant);
2)
year of birth (for voters who reached the age of 18
years in the election year their date of birth shall be specified);
3)
a voter’s election address (without indication of zip code and country
of residence);
4)
note about permanent incapacity of a voter to move independently (in case when relevant).
In the final
voter list a space is provided for the voters’ signatures for the election
ballot receipt on election day as well as for notes.
5.
Voters that belong to the polling station in accordance with their
personal data in the State Voter Register are included on the final voter list.
6.
Persons whose personal data are contained in the State Voter Register
data base, but who, in accordance with the Register data have no right to vote,
died or left (including temporarily on election day) their election address,
are not included on the final voter list.
7.
No later than five days prior to election day the State Voter Register
maintenance body head hands over to the respective polling station election
commissions one copy of the final voter list for every regular polling station,
for every foreign polling station as well as for every permanent polling
station in the penal executive system institution and in the military units
(groups) stationed outside of inhabited settlements at a considerable distance
from them. A second copy of each final voter list is kept by the State Voter
Register maintenance body. No less than three election commission members
included into the polling station election commission on the basis of the statements of three different subjects of nominating candidatures to this
commission, except case when persons from less than three subjects of
nominating candidatures to the respective commission were included on the
polling station election commission, receive the final voter list on behalf of
the respective polling station election commission. One of the three respective
polling station election commission members shall be the commission
chairperson, or in case if that is impossible, that shall be the commission
deputy chairperson or secretary. A report is drawn up about delivery of the
final voter list to the polling station election commission in two copies in
accordance with the standard and the procedure established by part eight of
Article 34 of this Law. One copy of the report is kept by the State Voter
Register maintenance body head whereas another copy is delivered to the
respective polling station election commission along with the copy of the final
voter list.
8.
The polling station election commission chairperson, deputy chairperson
and secretary have the right to correct inaccuracies and technical errors in
the final voter list on election day: incorrect spelling of last name, first name, patronymic, date of birth, residential building number, residential
apartment, in case if, in spite of such technical errors, it is clear that it
is the voter who arrived at the polling station for voting that was included on the voter list. Such correction is attested by the signatures of the commission
chairperson or the commission deputy chairperson and the polling station
election commission secretary in the line “Note”.
9.
After delivery of the final voter list copy to the respective polling
station election commission by the State Voter Register maintenance body it is
prohibited to make any changes to the voter list.
Article 41. Procedure of Compiling and Verification of Voter
Lists at Permanent Special Polling Stations in Inpatient Medical Establishments
1.
At the permanent special polling stations in the inpatient medical
establishments the draft voter lists are made no later than fourteen days prior
to election day by the respective polling station election commissions in
accordance with the standard defined in part six of Article 38 of this Law, on
the basis of the data submitted by the managers of those establishments. The
voters that shall leave the medical establishment prior to election day are not
included either to the statement or to the draft voter list at such polling
station.
2.
The data indicated in part one of this Article are submitted in one copy
and shall be signed by the inpatient medical institution manager and sealed by
the inpatient medical institution seal. The inpatient medical establishment
manager provides for submission of the above mentioned data to the polling
station election commission no later than fifteen days prior to election day as well as guarantees their authenticity.
3.
The permanent special polling station election commission in the
inpatient medical establishment displays a copy of the draft voter list at the
permanent special polling station to the public in the polling station election
commission premises no later than fourteen days prior to election day.
4.
Every voter included on the draft voter list at the special polling
station election commission in the inpatient medical establishment has the right to address the State Voter Register maintenance body with a written statement about
inaccuracies introduced in the draft voter list. Such statement drawn up in
accordance with the requirements established by Article 39 of this Law is filed
by the voter with the election commission of the permanent special polling
station election commission in the inpatient medical establishment no later
than twelve days prior to election day.
5.
In case if the voter arrived at the inpatient medical establishment
later than fourteen days prior to election day, the election commission of the
permanent special polling station in the inpatient medical establishment
verifies and updates the draft voter list by including the voter to the draft
voter list on the basis of the data submitted immediately by the inpatient
medical establishment manager whose signature is verified by the seal of this
establishment.
6.
In case if the voter arrived at the inpatient medical establishment
located in the same inhabited settlement, in which the permanent regular
polling station is located, at which they were included on the voter list,
later than twenty days prior to election day, such voter is not included on the
draft voter list at the special polling station in the inpatient medical
establishment. Such voter addresses the permanent regular polling station
election commission, at which they were included on the voter list, in the time
period and in the manner prescribed by this Law, with a statement about
providing a possibility for them to vote at the place of their stay.
7.
In case if the voter left the inpatient medical establishment later than
fourteen days prior to election day, but earlier than twelve days prior to
election day, the permanent special polling station election commission in the
inpatient medical establishment verifies the draft voter list on the basis of the data submitted immediately by the respective establishment manager and their
signature is to be attested by the respective establishment seal.
8.
In case if the voter left the inpatient medical establishment later than
twelve days prior to election day, such voter is not excluded from the voter
list at the special polling station in the inpatient medical establishment and
can vote only at the special polling station in the inpatient medical
establishment at which they were included on the voter list.
9.
No later than twelve days prior to election day the election commission
of the special polling station in the inpatient medical establishment delivers
to the respective State Voter Register maintenance bodies at the voters’
election addresses the data about the voters included on the draft voter lists
(including such data that were verified), as well as the data about the voters
excluded from the voter lists during the verification process. Such data shall
correspond to the requirements established by part six of Article 38 of this
Law. The original statements of the voters about correcting inaccuracies in the
voter list, supplements to those statements as well as copies of the statements
of the inpatient medical establishment manager signed by the inpatient medical
establishment manager and sealed by the seal of this establishment, on the basis of which the draft voter list was compiled and verified by the polling station election
commission, are enclosed with those data.
10.
The respective State Voter Register maintenance body that received the
data envisaged by part nine of this Article checks those data in the manner
prescribed by Article 39 of this Law and makes office records to the State
Voter Register data base as regards voters that will not vote at their election
addresses as a result of their inclusion into the voter list at the permanent
special polling station in the inpatient medical establishment. Office records as regards the voters that will not vote at their election addresses as a result of their inclusion
into the voter list at the permanent special polling station in the inpatient medical
establishment are made by the State Voter Register maintenance body to the
State Voter Register data base no later than seven days prior to election day.
11.
No later than in seven days prior to election day, after execution of
actions envisaged by part ten of this Article, the State Voter Register
maintenance body makes the final voter list for the respective polling station
in the inpatient medical establishment.
12.
The final voter list for the respective special polling station in the
inpatient medical establishment is compiled by the State Voter Register
maintenance body in accordance with the standard envisaged by part four of
Article 40 of this Law and is delivered to the election commission of the
special polling station in the inpatient medical establishment in the manner
and in the time period established by part seven of Article 40 of this Law.
13.
After delivery of the final voter list copy to the election commission
of the special polling station in the inpatient medical institution by the
State Voter Register maintenance body it is prohibited to make any changes to
the voter list.
Chapter VI. FINANCIAL AND LOGISTICAL
SUPPORT OF PREPARING
AND HOLDING
THE PARLIAMENTARY ELECTION
Article 42. Financing Parliamentary
Election
1.
Costs for preparing and holding the parliamentary election are financed
exclusively at the expense of funds of the State Budget of Ukraine allocated for
preparing and holding the parliamentary election, funds of
the parties’ election funds, the parliamentary candidates
from which were registered by the respective district election commissions and
funds of the parliamentary candidates’ election funds.
2.
The party, the parliamentary candidates from which were registered by
the respective district election commissions, is obliged to create the party’s
election fund, which is established in the manner prescribed by this Law, for
financing of costs envisaged by this Law.
3.
The parliamentary candidate registered by the district election commission
is obliged to create the election fund, which is established in the manner
prescribed by this Law, for financing of costs envisaged by this Law.
4.
Financing of pre-election campaign events or materials from sources not
envisaged by part one of this Article, irrespective of agreement with the
parties that are the election process subjects, or with the parliamentary
candidates, is prohibited.
Article 43. Financing of Preparing and Holding
Parliamentary Election at the expense of funds of the State Budget of Ukraine Allocated
for Preparing and Holding Parliamentary Election
1.
Financing of preparing and holding the parliamentary election at the expense
of funds of the State Budget of Ukraine allocated for preparing and holding the
parliamentary election is organized by the Central Election Commission which is
the main body administering the funds.
2.
The scope of funds for preparing and holding the parliamentary election
is envisaged in a separate line in the Law about the State Budget of Ukraine on
the basis of the statement of the Central Election Commission.
3.
Costs for preparing and holding the parliamentary election, including
costs for production of informational bulletins about the parliamentary
candidates, for payment for publication of the parties’ and parliamentary
candidates’ election programs in the mass media are paid by the Central
Election Commission and the district election commissions in accordance with
the budgets approved by the Central Election Commission within the limits of
funds allocated for preparing and holding the parliamentary election in the
State Budget of Ukraine.
4.
Costs for preparing and holding the parliamentary election envisaged by
the State Budget of Ukraine are wired by the State Treasury of Ukraine to the
Central Election Commission in three days time period from the day of the
election campaign start announcement.
5.
The Central Election Commission approves average expenses norms for the
district election commission as well as average norms for the needs of the
polling station election commissions which shall include, in particular,
expenses for lease (rental) of the election commission premises and payment for
use of equipment and payment for work of the election commission members.
6.
The district election commission makes a unified budget for preparing
and holding the election on the basis of average norms of expenses approved in
accordance with part five of this Article in ten days from the day of its
creation and includes into it the district election commission expenses and
expenses for the needs of the polling station election commissions in the
territorial election district. The unified budget of costs of the district
election commission is approved by the Central Election Commission.
7.
Financing of the election commission is organized in the manner
prescribed by the Central Election Commission along with the Ministry of
Finances of Ukraine.
8.
The district election commission is obliged to return the unused funds
of the State Budget of Ukraine allocated for preparing and holding the election
into the account of the Central Election Commission no later than seven days
from the day of official publication of the parliamentary election results. The
State Treasury of Ukraine informs the Central Election Commission about return
of those funds into its account in three days time period from the day of
receipt of those funds.
9.
The district election commission makes and files with the Central
Election Commission the financial report about receipt and spending of funds of
the State Budget of Ukraine for preparing and holding the parliamentary
election in the accordance with the procedure established by the Central
Election Commission as per standard approved by the Central Election Commission
along with the State Treasury of Ukraine, in fifteen days from the day of
official publication of the election results.
10.
Control over the appropriate and purposeful use of funds of the State
Budget of Ukraine allocated for preparing and holding the parliamentary
election is responsibility of the Central Election Commission and the
respective bodies of the State control and auditing service of Ukraine
fulfilled in the manner prescribed by the Central Election Commission along
with the Ministry of Finances of Ukraine.
Article 44. Payment for Work of
Election Commission Members and Persons Involved into Commission’s Work
1.
The work of the election commission member who fulfills their functions
in the election commission for payment is paid in the amount and in accordance
with the procedure established by the Cabinet of Ministers of Ukraine on the basis of the statement of the Central Election Commission at the expense of funds of the State
Budget of Ukraine allocated for preparing and holding the parliamentary
election.
2.
Salary of the election commission member exempted from performance of
their production or office duties at their regular job cannot be lower than
their average monthly salary at their regular job. Salary of the election
commission member who is retired or is a person that temporarily has no job cannot be lower than the minimum wage established at the moment of the payroll
accounting.
3.
With the purpose of general saving of payroll funds envisaged in the
budget of the respective election commission for preparing and holding the
election, the election commission members can be paid one time financial
compensation in accordance with the procedure established by the Central
Election Commission.
4.
The work of the election commission members (including
retired persons and persons who temporarily do not work) on
election day and during the days of establishing the voting results is paid for
in the amount and in accordance with the procedure established by the Cabinet
of Ministers of Ukraine on the basis of the statement of the Central Election
Commission.
5.
The work of persons indicated in part seventeen of Article 32 of this
Law is paid for in the amount and in accordance with the procedure established
by the Cabinet of Ministers of Ukraine at the expense of funds of the State
Budget of Ukraine allocated for preparing and holding the parliamentary
election. Salary of such persons cannot be lower than the minimal salary
established at the moment of payroll accounting.
6.
Execution of works associated with preparing and holding the election by
persons recognized unemployed in accordance with legal procedure is not a ground
for excluding those persons from the register of unemployed persons who are
looking for a job in the state employment service, or for cessation of welfare
payment to them as unemployed persons and other types of payments.
7.
For receipt of payment envisaged by parts one through four of this
Article the election commission member files with the respective district
election commission a copy of certificate on obtaining identification number or
a statement verifying that a person has no identification number.
Article 45. Party’s
election fund
1.
The party’s election fund has one accumulative bank
account into which funds are transferred for financing the costs of the party’s election fund as established by part four of this Article as well as current bank accounts from which costs of the party’s election fund are financed as defined by this Law. Funds are transferred into current bank accounts of the party’s election
fund exclusively from the party’s election fund accumulative account.
2.
The party opens an accumulative bank account of the election fund in a
bank institution in Kyiv which is determined at the party’s discretion. The
party has the right to open only one accumulative bank account of the party’s
election fund and only in the national currency.
3.
The party has the right to open the current bank accounts of the party’s
election fund in bank institutions in Ukraine on the basis of no more than one
current bank account on the territory of one territorial election district. One
current bank account of the party’s election fund can serve a few territorial
election districts.
4.
The following costs can be exclusively financed only at the expense of
the party’s election fund:
1)
costs of production of materials of the pre-election
agitation: printed materials, videos, audio records, items, materials (souvenirs, stationery etc.),
purchasing stationery, paper, other items and materials for production of the
election campaign materials;
2)
costs for payment of air time on radio and television;
3)
costs for publication of campaign materials, including costs for
political advertisements placement in printed mass media;
4)
payment for transportation services and services associated with
transportation vehicles maintenance;
5)
payment for lease of premises, equipment, technical means;
6)
costs for production of advertising boards;
7)
costs for payment of telephone communication services,
telecommunications, postal services, costs of payment for other
telecommunication services;
8)
costs for payment of services of subjects of entrepreneurial activities:
physical persons and legal entities, on the basis of civil contracts, costs for
payment for services of hired workers on the basis of labour contracts;
9)
costs envisaged by part three of Article 46 of this Law;
10)
other costs associated with carrying out the election campaigning.
5.
The party does not incur costs for financing of expenses envisaged by
part four of this Article outside of the territory of Ukraine.
6.
The party is obliged to open an accumulative bank account of the party’s
election fund no later than fifty days prior to election day. The ground for
opening an accumulative bank account of the election fund is copies of
decisions of all district election commissions about registration of
parliamentary candidates included on the party electoral list in all
territorial election districts. The ground for opening a current bank account
of the election fund is a certificate of a bank institution about opening an
accumulative bank account.
7.
The procedure of opening and closing bank accounts of the parties’
election funds is established by the National Bank of Ukraine under the agreement of the Central Election Commission no later than one hundred
days prior to election day.
8.
Bank institution services associated with opening and closing bank
accounts and their functioning are rendered free of charge. Interests do not
accrue and are not paid by the bank institution for use of funds on the party’s
election fund bank accounts.
9.
The bank institution informs in writing the Central Election Commission
about opening the respective bank account as well as provides account details
no later than the next working day after the day of opening of an accumulative
or current bank account.
10.
Information about opening an accumulative bank account of the party’s
election fund and the bank account details are published on one time basis by the Central Election Commission in the newsapers “Holos Ukrayiny” and “Uryadovy Kuryer”
no later than the fifth day after receipt of the bank institution notice about
opening an accumulative bank account of the party’s election fund at the
expense of funds allocated for preparing and holding the parliamentary election
from the State Budget of Ukraine. Further information about bank account
details is published in printed mass media at the expense of the funds of the
party’s election fund.
11.
Funds spending from current bank accounts of the party’s election fund
is organized only in the form of cashless settlements.
12.
Funds spending from current bank accounts of the party’s election fund
is stopped at 15.00 o’clock on the last day prior to election day.
13.
No arrest of funds at the party’s election fund bank accounts is
allowed.
14.
Closing bank accounts, suspending transactions as per bank accounts of
the party’s election fund earlier than in the time period established by part
twelve of this Article is organized only in case if the party loses its status
of the election process subject.
Article 46. Parliamentary Candidate’s
Election Fund
1.
The parliamentary candidate’s election fund has one bank account into
which the funds are transferred for financing expenses of the parliamentary
candidate’s election fund envisaged by part three of this Article and from which
expenses of the parliamentary candidate’s election fund envisaged by part three
of this Article are financed.
2.
The parliamentary candidate opens the election fund bank account in a
bank institution in Ukraine on the territory of the respective territorial
election district. The parliamentary candidate has the right to open only one
election fund bank account and only in the national currency.
3.
The following costs can be exclusively financed only at the expense of
the parliamentary candidate’s election fund:
1)
costs of production of materials of the pre-election
agitation: printed materials, videos, audio records, items, materials (souvenirs, stationery etc.),
purchasing stationery, paper, other items and materials for production of the
election campaign materials;
2)
costs for payment of airtime on radio and television;
3)
costs for publication of campaign materials, including costs for
political advertisements placement in printed mass media;
4)
payment for transportation services and services associated with
transportation vehicles maintenance;
5)
payment for lease of premises, equipment, technical means;
6)
costs for production of advertising boards;
7)
costs for payment of telephone communication services,
telecommunications, postal services, costs of payment for other
telecommunication services;
8)
costs for payment of services of subjects of entrepreneurial activities:
physical persons and legal entities, on the basis of civil contracts, costs for
payment for services of hired workers on the basis of labour contracts;
9) other costs associated with the election campaigning of the
parliamentary candidate.
4.
The parliamentary candidate is obliged to open the election fund bank
account no later than fifty days prior to election day. The ground for opening
of the election fund bank account is a copy of the respective district election
commission decision on the registration of the parliamentary candidate included
on the party’s election list of parliamentary candidates in the respective territorial
election district.
5.
The procedure of opening and closing of the parliamentary candidate’s
election fund bank account is established by the National Bank of Ukraine under the agreement of the Central Election Commission no later than one hundred days
prior to election day.
6.
Bank institution services associated with opening and closing bank
accounts and their functioning are rendered free of charge. Interests do not
accrue and are not paid by the bank institution for use of funds on the
parliamentary candidate’s election fund bank account.
7.
The bank institution informs in writing the district election commission
about opening of the parliamentary candidate’s election fund bank account as well as provides account details no later than the next working day after the day of opening
of an accumulative or current bank account.
8.
The information about opening the parliamentary candidate’s election
fund bank account and the bank account details are published in the regional
printed mass media at the expense of the parliamentary candidate’s election
fund.
9.
Funds spending from the parliamentary candidate’s election fund bank
account is organized only in the form of cashless settlements.
10. Funds spending from the parliamentary candidate’s election
fund bank account is termined at 15.00 o’clock on the last day prior to
election day.
11.
No arrest of funds at the parliamentary candidate’s election fund bank
accounts shall be allowed.
12.
Closing the parliamentary candidate’s election fund bank account,
suspending transactions as per the parliamentary candidate’s election fund bank
account earlier than in the time period established by part ten of this Article
is organized only in case if the parliamentary candidate loses their status of
the election process subject.
Article 47. Funds Administrators of
Party’s Election Fund Accumulative and Current Bank Accounts
1.
The party appoints two funds administrators for the party’s election
fund accumulative bank account among the party’s authorized agents in the
national election district that have the exclusive right to administer funds
from the party’s election fund accumulative bank account.
2.
The party appoints one funds administrator for every party’s election
fund current bank account among the party’s authorized agents in the respective
territorial election district. The funds administrator of the party’s election
fund current bank account has the exclusive right to administer funds from the
respective party’s election fund current bank account.
3.
The funds administrators of the party’s election fund accumulative bank
account are obliged to keep account of the incoming funds and funds
distribution between the party’s election fund current bank accounts. The funds
administrators of the party’s election fund current bank accounts provide for
observance of financial discipline, purposeful use of funds of the party’s
election fund.
4.
The bank institution, in which the party’s election fund accumulative
and current bank account was opened, provides to the fund administrator of the
respective bank account, weekly or upon their inquiry, the information about
sums and sources of contributions that were credited into the party’s election
fund bank accounts, cash flow as well as the bank account balance.
5.
The funds administrator of the party’s election fund current bank
account is obliged to keep account of use of funds of the respective party’s
election fund current bank account. The funds administrator of the party’s
election fund current bank account is obliged to submit a financial report
about use of funds of the respective party’s election fund current bank account
to the funds administrator of the party’s election fund accumulative bank
account no later than the seventh day after election day.
6.
The funds administrator of the party’s election fund accumulative bank
account is obliged to submit a financial report about income and use of funds
of the party’s election fund to the Central Election Commission no later than
the fifteenth day after election day.
7.
Forms of the financial
reports envisaged by parts five and six of this Article are approved by the
Central Election Commission no later than eighty days prior to election day.
Article 48. Funds Administrator of the
Parliamentary Candidate’s Election Fund Bank Account
1.
The funds administrator of the parliamentary candidate’s election fund
can be either the parliamentary candidate, or their proxy in the respective
territorial election district. The funds administrator of the parliamentary candidate’s
election fund has the exclusive right to administer funds from the
parliamentary candidate’s election fund bank account.
2.
The funds administrator of the parliamentary candidate’s election fund
bank account is obliged to keep account of the incoming funds and use of funds
of the parliamentary candidate’s election fund current
bank account. The funds administrator of the parliamentary candidate’s election fund bank account provides for observance of
financial discipline, purposeful use of funds of the parliamentary candidate’s election fund current bank account.
3.
The bank institution, in which the parliamentary candidate’s
election fund bank account was opened, provides to the fund administrator of
the parliamentary candidate’s election fund bank account,
weekly or upon their inquiry, the information about sums and sources of
contributions that were credited into the parliamentary candidate’s
election fund bank account, cash flow as well as bank account balance.
4.
The funds administrator of the parliamentary candidate’s
election fund bank account is obliged to submit a financial report about income
and use of funds of the parliamentary candidate’s election
fund to the district election commission no later than the fifteenth day after
election day.
5.
Form of the financial report envisaged by part four of this Article is
approved by the Central Election Commission no later than eighty days prior to
election day.
Article 49. Party’s Election Fund
Formation and Use of its Funds
1.
The party’s election fund is formed at the expense of the party’s own
funds as well as voluntary contributions of physical persons (hereinafter
referred to as voluntary contribution).
2.
The voluntary contribution into one party’s election fund cannot exceed
four hundred minimum wages. The party’s own funds that are transferred into the
accumulative bank account are not subject to restrictions as to the sum and number of bank transfers.
3.
It is prohibited for the following persons to make voluntary
contributions into the party’s election fund:
1)
foreigners and stateless persons;
2)
anonymous donors (without indication of the data envisaged by part four
of this Article in the payment document).
4.
Voluntary contribution into the party’s election fund is received by the
bank institution or post office under condition of submission by a citizen of
one of the documents indicated in items 1 or 2 of part five of Article 2 of
this Law. In the payment document a voter’s last name, first name, patronymic
and birth date as well as the voter’s election address are indicated.
5.
A voluntary contribution is transferred by the bank institution or wired
by a post office into the party’s election fund accumulative bank account no
later than the day after the receipt of the respective payment document. The
total time period for cashless transfer of a contribution into the party’s
election fund accumulative bank account shall not exceed two bank days.
6.
The funds administrator of the party’s election fund accumulative bank
account has the right to refuse from a physical person’s contribution by filing
the respective statement and the payment document to the bank institution in
which the party’s election fund accumulative bank account was opened. Such voluntary contribution is returned to the physicals person at the expense of
their voluntary contribution, or, in case if that appears to be impossible, is
transferred to the State budget of Ukraine.
7.
In case of receipt of the voluntary contribution from a physical person
the sum of which exceeds the amount established by part two of this Article,
the sum that exceeds the established sum of the contribution is returned by the
bank institution, in which the party’s election fund accumulative bank account
was opened, to the physical person, on the basis of the respective statement
and the payment document filed by the funds administrator of the party’s
election fund accumulative bank account, or in case if that appears to be
impossible is transferred to the State budget of Ukraine.
8.
The funds administrator of the party’s election fund accumulative bank
account is obliged to refuse from the contribution of a physical person’s,
which, in accordance with this Law, has no right to make such contribution, if
the funds administrator is aware of that. The bank institution, in which the
party’s election fund accumulative bank account was opened, transfers such
voluntary contribution to the State Budget of Ukraine, on the basis of the funds administrator’s statement about refusal from the contribution for the above
mentioned reason. If the funds administrator of the party’s election fund
accumulative bank account became aware of that the person who made a voluntary
contribution did not have the right to do so, they are obliged to refuse from
that contribution by filing a statement to the bank institution, in which the
party’s election fund accumulative bank account was opened, about transfer of
the respective sum to the State Budget of Ukraine, in three days from the day
when they became aware of that.
9.
The bank institution, in which the party’s election fund accumulative
bank account was opened, transfers fund from the party’s election fund
accumulative bank account into the current bank accounts of this party’s
election fund on the basis of the respective statement of the funds
administrator of the party’s election fund accumulative bank account.
10.
Control over receipt, accounting and use of funds of the parties’
election funds is organized by the Central Election Commission and the bank
institution, in which the party’s election fund bank account was opened, in accordance with the procedure established by the Central Election Commission along
with the National bank of Ukraine and the authorized executive power central
body in the area of communications, no later than ninety days prior to election
day.
11.
The bank institution, in which the party’s election fund current bank
account was opened, transfers the funds unused by the party into the respective
party’s election fund accumulative bank account.
12.
On the basis of decision of the party’s governing body made in ten days
time period after official publication of the election results, the funds of
the election fund unused by the party are transferred from the party’s election
fund accumulative bank account into the party’s current bank account in five
days after the day of receiving of the respective party’s decision by the bank
institution. In case if the party does not make such decision during this time
period, the unused funds of the party’s election fund are transferred by the
bank institution to the State Budget of Ukraine on the fifteenth day from the
day of official publication of the election results by the Central Election
Commission.
13.
Contributions that were received at the party’s election fund
accumulative bank account later than in one day prior to election day are
returned by the bank institution to the respective physical person at the
expense of funds of their voluntary contribution, or in case if that appears to
be impossible, they are credited to the State Budget of Ukraine.
Article 50. Parliamentary Candidate’s
Election Fund Formation and Use of Its Funds
1.
The parliamentary candidate’s election fund is formed at the expense of
the voluntary contributions of the party, to the election list of which the
respective parliamentary candidate was included in the territorial election
district, as well as the parliamentary candidate’s own funds and voluntary
contributions of physical persons.
2.
The voluntary contribution into one parliamentary candidate’s election
fund cannot exceed eight minimum wages. The voluntary contributions of the
party, to the election list of which the respective parliamentary candidate was included in the territorial election district, as well as the parliamentary candidate’s own
funds that are transferred into the parliamentary candidate’s election fund
bank account are not subjects of restrictions as to the sum and number of bank
transfers.
3.
It is prohibited for the following persons to make voluntary
contributions into the parliamentary candidate’s election fund:
1)
foreigners and stateless persons;
2)
anonymous donors (without indication of the data envisaged by part four
of this Article in the payment document).
4.
Voluntary contribution into the parliamentary candidate’s election fund
is received by the bank institution or post office under condition of
submission by a citizen of one of the documents indicated in items 1 or 2 of
part five of Article 2 of this Law. In the payment document a voter’s last name, first name, patronymic and birth date as well as the voter’s election address are
indicated.
5.
A physical person’s voluntary contribution into the parliamentary
candidate’s election fund, the voluntary contribution of the party, to the
election list of which the respective parliamentary candidate was included in the respective territorial election district, the parliamentary candidate’s own
funds are transferred by the bank institution or wired by a post office into
the parliamentary candidate’s election fund bank account no later than the day
after the receipt of the respective payment document. The total time period for
cashless transfer of a physical person’s voluntary contribution into the
parliamentary candidate’s election fund, the voluntary contribution of the
party to the election list of which the respective parliamentary candidate was included in the respective territorial election district, the parliamentary candidate’s own
funds into the parliamentary candidate’s election fund bank account shall not
exceed two bank days.
6.
The funds administrator of the parliamentary candidate’s election fund has the right to refuse from a physical person’s contribution by filing the respective statement
and the payment document to the bank institution in which the parliamentary
candidate’s election fund bank account was opened. Such voluntary contribution
is returned to the physicals person at the expense of their voluntary
contribution, or in case if that appears to be impossible is transferred to the
State Budget of Ukraine.
7.
In case of receipt of the voluntary contribution from a physical person
the sum of which exceeds the amount established by part two of this Article,
the sum that exceeds the established sum of the contribution is returned by the
bank institution, in which the parliamentary candidate’s election fund bank
account was opened, to the physical person, on the basis of the respective
statement and the payment document filed by the funds administrator of the
parliamentary candidate’s election fund, or in case if that appears to be
impossible is transferred to the State Budget of Ukraine.
8.
The funds administrator of the parliamentary candidate’s election fund
is obliged to refuse from the contribution of a physical person’s, which, in
accordance with this Law, has no right to make such contribution, if the funds
administrator is aware of that. The bank institution, in which the
parliamentary candidate’s election fund bank account was opened, transfers such
voluntary contribution to the State Budget of Ukraine, on the basis of the funds administrator’s statement about refusal from the contribution for the above
mentioned reason. If the funds administrator of the parliamentary candidate’s
election fund became aware of that the person who made a voluntary contribution
did not have the right to do so, they are obliged to refuse from that
contribution by filing a statement to the bank institution, in which the parliamentary candidate’s election
fund bank account was opened, about transfer of the respective sum to the State
Budget of Ukraine, in three days from the day when they became aware of that.
9.
Control over receipt, accounting and use of funds of the parliamentary
candidate’s election funds is organized by the respective district election
commission and the bank institutions, in which the parliamentary candidate’s
election fund bank account was opened, in accordance with the procedure
established by the Central Election Commission along with the National Bank of
Ukraine and the authorized executive power central body in the area of
communications, no later than ninety days prior to election day.
10.
Unused funds of the parliamentary candidate’s election fund are
transferred by the bank institution to the State Budget of Ukraine on the
fifteenth day from the day of official publication by the Central Election
Commission of the election results.
11.
Physical person’s voluntary contributions into the parliamentary
candidate’s election fund, the voluntary contribution of the party to the
election list of which the respective parliamentary candidate was included in the territorial election district, the parliamentary candidate’s own funds that
were credited into the parliamentary candidate’s election fund bank account
later than in one day prior to election day are returned by the bank
institution to respective physical persons, party, parliamentary candidate at
the expense of such voluntary contributions (own funds of the parliamentary
candidate), or in case if that appears to be impossible, they are credited to
the State Budget of Ukraine.
Article 51. Financial and Logistical Support
of Preparing and Holding the Parliamentary Election
1.
Executive power bodies and local self-government bodies as well as their officials shall facilitate the election commissions in realization of their
powers: to provide them with premises in accordance with norms established by
this Law or by respective decisions of the Central Election Commission made in
observance of provisions of this Law, to assist in equipping the respective
premises; to organize guarding the respective premises as well as guarding election ballots and other election documentation; to provide transportation
vehicles and means of communication, equipment, inventory, office equipment, in
accordance with the norms and list established by the Central Election
Commission, that have to be returned after the termination of the election
commission activity. The procedure of payment for or compensation for the above
mentioned services is established by the Cabinet of Ministers of Ukraine.
Chapter VII. PARLIAMENTARY CANDIDATES’ NOMINATION
AND REGISTRATION
Article 52. General Procedure of
Parliamentary Candidates’ Nomination and Registration
1.
The parliamentary candidates’ nomination begins in one hundred nine days
prior to election day and ends in eighty days prior to election day.
2.
The voter, who, in accordance with Article 9 of this Law, has the right to be elected as a member of parliament, can give consent to be the parliamentary
candidate from the party.
Article 53. Procedure of Parliamentary
Candidates’ Nomination by the Parties
1.
The party can nominate a person, who is a member of this party or
non-partisan, which, in accordance with Article 9 of this Law has the right to be elected as a member of parliament, as the party’s parliamentary candidate.
2.
Nomination of parliamentary candidates by the party is organized at the
party’s congress (meeting, conference). No less than 200 delegates shall take
part in the party’s congress (meeting, conference), at which parliamentary
candidates are nominated.
3.
Nomination of parliamentary candidates by the party is organized in a
form of the party’s election lists of parliamentary candidates in each from no
less than two thirds of all territorial election districts created in the
manner envisaged by Article 18 of this Law, and the list of the party’s
candidates in the national election district.
4.
The number of parliamentary candidates included on the party’s election
list of parliamentary candidates in the national election district cannot
exceed the constitutional number of deputies which is defined by the
Constitution of Ukraine, and cannot be less than two thirds of number of the
territorial election districts created in the manner envisaged by Article 18 of
this Law.
5.
The number of parliamentary candidates included on the party’s election
list of parliamentary candidates in the territorial election district cannot
exceed the number of members of parliament that can be elected in the
respective territorial election district, in accordance with Article 18 of this
Law. The party is obliged to nominate parliamentary candidates in no less than
two thirds of the territorial election districts created in the manner
envisaged by Article 18 of this Law. The election list of the party’s parliamentary candidates in the territorial election district
can consist of one parliamentary candidate.
6.
Forms of the party’s election list of parliamentary candidates in the
territorial election district as well as the party’s election list of
parliamentary candidates in the national election district are approved by the
Central Election Commission no later than 130 days prior to election day.
7.
All parliamentary candidates included on the party’s election lists in
the territorial election districts are included on the party’s election list of
parliamentary candidates in the national election district. Persons not
included on the party’s election lists in the territorial election districts
are not included on the party’s election list of parliamentary candidates in
the national election district.
8.
Order of priority of the parliamentary candidates in the party’s
election list of parliamentary candidates in the national election district is
determined at the party’s congress (meeting, conference). Parliamentary
candidates are included on the party’s election lists of parliamentary
candidates in every territorial election district in the alphabetic order of
their last names.
9.
A person can be included on the election list of only one party. A
person can be included on the party’s election list of parliamentary candidates
only in one territorial election district.
10.
In the party’s congress (meeting, conference) minutes the following data
are indicated: date, agenda, number of congress (meeting, conference)
delegates, data about persons nominated as parliamentary candidates (last name, first name, patronymic, day, month and year of birth, citizenship, date of being
granted party membership (in case if a parliamentary candidate is a party
member), data about education, job (occupation), employer, election address),
results of voting as per every party’s election list of parliamentary
candidates in every territorial election district, in which parliamentary
candidates are nominated, results of voting as per the party’s election list of
parliamentary candidates in the national election district. The minutes are
signed by the congress (meeting, conference) chairperson, whereas every party’s election list of parliamentary candidates in the respective territorial
election district and the party’s election list of parliamentary candidates in
the national election district is signed by the party leader. All above
mentioned documents are sealed with the party seal.
11.
The party leader notifies the Central Election Commission in writing of the
time and venue of the party’s congress (meeting, conference) dedicated to the
parliamentary candidates’ nomination no less than five days prior to the day of
the ongress (meeting, conference). The Central Election Commission member has the right to be present at such congress (meeting, conference) upon the instruction of the
Central Election Commission Chairperson.
12.
Mass media are notified about the time and venue of holding the congress
(meeting, conference) dedicated to the parliamentary candidates’ nomination no
later than three days prior to holding the congress (meeting, conference). The procedure
of accreditation of the mass media representatives at such congress (meeting,
conference) is established by the event organizers.
Article 54. Conditions of Parliamentary
Candidates’ Registration Included on Party’s Election List
of Parliamentary Candidates in Territorial Election District
1.
Registration of the parliamentary candidates included on the party’s
election list of parliamentary candidates in the respective territorial
election district is organized by the district election commission under
condition of receipt of the following documents:
1)
application about registration of the parliamentary candidates in the
respective territorial election district signed by the party leader and sealed
by the party seal;
2)
copy of the certificate about the party’s registration attested for free
by the Ministry of Justice of Ukraine after announcement about the election
process start;
3)
extract from the party’s congress (meeting, conference) minutes about
consideration of issue about nomination of the party’s parliamentary candidates
that shall contain the data envisaged by part ten of Article 53 of this Law and
be certified by the party leader signature and sealed by the party seal;
4)
the party’s election list of parliamentary candidates in the respective
territorial election district as well as the party’s election list of
parliamentary candidates in the national election district as per forms approved by the Central Election Commission;
5)
applications of persons included on the party’s election list of
parliamentary candidates in the respective territorial election district
expressing their consent to be parliamentary candidates from this party with
the obligation, in case if they are elected members of parliament, to
discontinue the activity or to give up representative mandate, which, in
accordance with the Constitution of Ukraine and Laws of Ukraine are
incompatible with the mandate of the member of parliament of Ukraine, and their
consent for publication of their biographical data on the ground of their
participation in the election, as well as their obligation in case if they are elected members of parliament of Ukraine, to transfer enterprises and corporate
rights owned by them into management of other persons in the manner prescribed
by Law;
6)
autobiographies of persons included on the party’s election list of parliamentary
candidates in the respective territorial election district, up to two thousand
characters, which must contain the following information: last name, first name, patronymic, day, month, year and place of birth, citizenship, data about
education, career, job (occupation), employer, public work (including work at
the elected positions), party affiliation (if relevant) and date of being
granted party membership of the respective party (for persons that are members
of the respective party), family members, election address
with indication of time of residing in Ukraine, data about previous criminal
convictions, if any;
7)
the party’s election program set out in the national language, up to
seven thousand eight hundred printed characters;
8)
the election programs of all parliamentary candidates included on the
party’s election list of parliamentary candidates in the respective territorial
election district set out in the national language, up to three thousand nine
hundred printed characters each;
9)
declarations about assets and income of every parliamentary candidate
included on the party’s election list of parliamentary candidates in the
respective territorial election district, in accordance with Article 56 of this
Law;
10)
copy of the document about advancing a financial deposit in accordance
with Article 55 of this Law;
11)
photographs of persons included on the party’s election list of
parliamentary candidates in the respective territorial election district, the
size and number of which are established by the Central Election Commission no
later than one hundred twenty days prior to election day.
2.
The district election commission gives a certificate about the documents
receipt to the party’s authorized agent in the respective territorial election
district who filed the documents indicated in part one of this Article. The
certificate shall contain the list of received documents, day, month and year as well as time of their receipt, job title and last name of a person who received the documents.
Article 55. Financial Deposit
1.
Financial deposit for the party is two thousand minimum wages and is wired
by the party in a form of cashless settlement into a special account of the Central
Election Commission.
2.
In case if the district election commission makes a decision on the
rejection of registration of all candidates from the party in the respective
territorial election district, the financial deposit is transferred to the
party’s bank account in five days after making the respective decision.
3.
If a decision is made to cancel the registration of all parliamentary
candidates included on the party’s election list of parliamentary candidates in
the territorial election district as well as into the party’s election list of
parliamentary candidates in the national election district on the ground of
circumstances envisaged by part two or three of Article 59 of this Law, the
financial deposit is wired to the State Budget of Ukraine in five days after
making the respective decision.
4.
The financial deposit is returned to the parties that took part in
distribution of mandates of the parliament members.
5.
The financial deposit advanced by the party that did not take part in
distribution of mandates of the parliament members is transferred to the State
Budget of Ukraine in an eight day period from the day of official publication
of the parliamentary election results.
Article 56. Declaration about
Parliamentary Candidate’s Assets and Income
1.
Declaration about parliamentary candidate’s assets and income for the
year, preceding the year of the election process start, is filled in by them
with their own hand.
2.
A form of the declaration about assets and income of the parliamentary candidate is approved by the Ministry of
Finances of Ukraine no later than one hundred thirty days prior to election
day.
3.
The district election commission can address the State Tax
Administration with the instruction as to checking the data indicated in the
declaration about the assets and income of the parliamentary candidate.
4.
Errors and inaccuracies revealed in the declaration about assets and income have to be corrected and are not cause for rejection in registration of the
parliamentary candidate.
Article 57. Procedure of Registration of
Parliamentary Candidates included on Party’s Election List
of Parliamentary Candidates in Territorial Election District
1.
The parliamentary candidates included on the party’s election list of
parliamentary candidates in the respective territorial election district are
registered by the district election commission under condition of submission of
documents envisaged by Article 54 of this Law.
2.
Documents submission to the district election commission for the
parliamentary candidates’ registration is finished in sixty five days prior to
election day.
3.
A person included on the party’s election list in the respective
territorial election district and in the national election district, who on the
day of submission of the party’s application to the district election
commission about the registration of the party’s parliamentary candidates in
the territorial election district has not filed a statement about their consent
to be a parliamentary candidate from this party, is considered excluded from
the party’s election list in the territorial election district and from the
party’s election list in the national election district from the day of filing
by the party of the respective statement in accordance with item 1 of part one
of Article 54 of this Law. The application of such person about their consent
to be a parliamentary candidate filed after filing by the party of the
indicated application about the registration of the party’s parliamentary
candidates in the respective territorial election district is not accepted.
4.
A person included by the party on the party’s election list of
parliamentary candidates in the territorial election district and on the
party’s election list of parliamentary candidates in the national election
district, has the right to annul their statement about their consent to be
running to the parliament prior to the day of registration. From the moment of
receiving by the district election commission of the statement about annulling
the statement about a persons’ consent to be balloting such person is considered
excluded from the party’s election list of parliamentary candidates in the
territorial election district as well as from the party’s election list of
parliamentary candidates in the national election district. The district
election commission informs the party about the receipt of such statement no
later than the day after the receipt of such statement. The repeat statement of
a person about their consent to be running into the parliament is not accepted.
5.
A person who is included on the election list of a number of different parties
following their written statements of consent to be running to the parliament
on behalf of those parties is excluded from all the election lists of those
parties, on which they have been included.
6.
In case of the regular parliamentary election the district election
commission makes a decision on the registration of the party’s parliamentary
candidates in the territorial election district or about refusal in their
registration no later than the fifth day after the receipt of the application
about the registration of the party’s parliamentary candidates in the
territorial election district along with the necessary documents enclosed with
it.
7. The list of the parliamentary candidates
in the party’s election list of parliamentary candidates in the territorial
election district, the list and order of the party’s parliamentary
candidates in the party’s election list of parliamentary candidates in the
national election district determined by the party cannot be changed after the
registration of the respective parliamentary candidates except exclusion of all
or individual candidates from those election lists in cases and in the manner
prescribed by this Law.
8.
In case of registration of the party’s parliamentary candidates in the
territorial election district, the authorized person of this party receives
identification cards of the parliamentary candidates as per form established by
the Central Election Commission district along with the copy of the decision on
the parliamentary candidates’ registration in the respective territorial
election in a three day period from the day of making this decision. The party’s election list of parliamentary candidates in the national election
district and the party’s election list of parliamentary candidates
in the respective territorial election district along with the decision of the district
election commission about registration of the parliamentary candidates included
on the party’s election list of parliamentary candidates in the respective territorial
election district are published in the regional printed mass media in the same
time period.
9.
If the district election commission reveals in the documents filed by
the party, signs of violations of part one of Article 37 of the Constitution of
Ukraine, it is obliged to file with the Central Election Commission a statement
about consideration of issue of addressing the Ministry of Justice of Ukraine
with the initiative of prohibition of the respective party’s activity no later
than the day after the submission by the party of documents for the
parliamentary candidates’ registration in the respective territorial election
district.
The Central
Election Commission considers the respective statement of the district election
commission no later than the third day after receipt of it. After considering
this statement the Central Election Commission can address the Ministry of
Justice as regards filing by the Ministry of the suit to the Supreme Court of
Ukraine about prohibition of the respective party activity.
The respective
district election commission is obliged to inform all other election
commissions about filing the statement with the Central Election Commission as regards considering the issue of addressing the Ministry of Justice of Ukraine with the
initiative of prohibition of the respective party activity no later than the
day after submission by the party of the documents for the parliamentary
candidates’ registration in the respective territorial election district.
Consideration of
the issue about the parliamentary candidates’ registration in all the
territorial election districts is postponed till the Central Election Commission
examines the statement filed by the district election commission about consideration
of the issue about addressing the Ministry of Justice of Ukraine with the initiative of prohibition of the respective party activity.
In case if the Central Election Commission made a decision to address the Ministry of Justice with a
request to file a law suit with the Supreme Court of Ukraine about prohibition
of the respective party activity, on the basis of consideration of the district
election commission statement in the time period established by this part,
consideration of the issue about the parliamentary candidates’ registration
from the respective party in all the territorial election districts is
postponed till the respective decision of the Supreme Court of Ukraine comes
into force.
In case if the Central Election Commission has not made a decision to address the Ministry of
Justice with a request to file a law suit with the Supreme Court of Ukraine
about prohibition of the respective party activity, on the basis of consideration of the district election commission statement in the time period
established by this part, registration of the parliamentary candidates included
on the party’s election lists of parliamentary candidates in the territorial
election districts is executed by the district election commissions in the
manner and in the time period established by Articles 57 and 58 of this Law.
Article 58. Rejection of Party’s
Parliamentary Candidate (Candidates) Registration
1.
The district election commission rejects an application for the party’s
parliamentary candidate (candidates) registration in case of the following:
1)
violation of the Laws of Ukraine at the parliamentary candidates’
nomination;
2)
if the documents indicated in Article 54 of this Law have not been filed
or are unduly prepared;
3)
if the parliamentary candidate discontinues to be a citizen of Ukraine;
4)
if the person nominated as a parliamentary candidate leaves Ukraine with
the intention of residing in another country or seeking political asylum;
5)
if the person nominated as a parliamentary candidate is recognized
incapable;
6)
if a court conviction for committing a deliberate crime by a person
nominated as a parliamentary candidate comes into force;
7)
if the district election commission reveals circumstances that deprive a
person nominated as a parliamentary candidate of the right to be elected as a member of parliament in accordance with Article 9 of this Law.
2.
A decision on refusal to register the parliamentary candidates shall
contain the complete list of grounds for such refusal. A copy of such decision
is presented to the party’s authorized agent in the respective territorial
election district no later than the day after its adoption.
3.
Rejection in registration of the parliamentary candidates included on
the party’s election list of parliamentary candidates in the respective
territorial election district on the ground of unduly preparation of the
documents envisaged by part one of Article 54 of this Law, which were filed by
the party, does not exclude repeat submission by the party of the application
about registration of the parliamentary candidates included on the party’s
election list of parliamentary candidates in the respective territorial
election district. Such application with the documents revised in accordance
with the provisions of this Law shall be filed with the district election
commission no later than fifty five days prior to election day. The final
decision on the registration of the parliamentary candidates included on the
party’s election list of parliamentary candidates in the respective territorial
election district shall be made by the district election commission no later
than fifty one days prior to election day.
4.
If no candidate was left in the party’s election list in the respective
territorial election district, or the number of parliamentary candidates in the
party’s election list in the national election district became less than the
minimal number of parliamentary candidates established by part four of Article
53 of this Law, as a result of refusal of the district election commission
(district election commissions) to register the party’s parliamentary
candidates included on the party’s election list (election lists) of the
parliamentary candidates in the territorial election district (territorial
election districts) or further cancellation of registration of the party’s
parliamentary candidates in the territorial election district (territorial
election districts) by the district election commission in more than one third
of the territorial election districts created in the manner prescribed by Article
18 of this Law, the Central Election Commission makes a decision on the
cancellation of registration of all the parliamentary candidates included on
the party’s election lists in the national election district and in the
territorial election districts.
5.
A decision of the Central Election Commission about rejection in
registration of the parliamentary candidate, which was not contested, comes
into force after the end of term of its impugnment.
Article 59. Cancellation of Parliamentary Candidate (Parliamentary Candidates) Registration
1.
The district election commission makes a decision on the cancellation of
registration of the individual parliamentary candidate included on the party’s election list in the respective territorial election district
and about consequent exclusion of this parliamentary candidate from the party’s
election list of parliamentary candidates in the respective territorial election
district and in the party’s election list of parliamentary candidates in the national
election district no later than three days prior to election day, in case of the following:
1)
if the parliamentary candidate files a written statement about refusal
to be the parliamentary candidate after their registration;
2)
if the party files a petition about cancellation of the decision of the
parliamentary candidate registration in consideration of the party’s decision
made in accordance with the party charter, no later than fifteen days prior to
election day;
3)
if the parliamentary candidate discontinues to be a citizen of Ukraine;
4)
if the parliamentary candidate leaves Ukraine with the intention of
residing in another country or seeking political asylum;
5)
if the parliamentary candidate is recognized incapable;
6)
if a court conviction for committing a deliberate crime by the
parliamentary candidate comes into force;
7)
if the district election commission reveals circumstances envisaged by
part nine of Article 53 of this Law;
8) if the district election commission reveals circumstances that
deprive a person nominated by the party as a parliamentary candidate of the
right to be elected as a member of parliament in accordance with Article 9 of
this Law.
9)
if the parliamentary candidates repeatedly commits an action for which
they have received a warning, in accordance with part four of this Article.
2.
In case of revealing circumstances envisaged by part four of Article 58
of this Law, the Central Election Commission makes a decision on the
cancellation of registration of all the parliamentary candidates included on
all the election lists of the party’s parliamentary candidates in the
territorial election districts and to the party’s election list of
parliamentary candidates in the national election district no later than five
days after revealing such circumstances, but no later than ten days prior to
election day. After adoption of such decision the respective party loses the
status of the election process subject.
3.
No later than thirty days prior to election day the Central Election
Commission makes a decision on the cancellation of registration of all the
parliamentary candidates included on the party’s election lists of
parliamentary candidates in the territorial election districts and to the
party’s election list of parliamentary candidates in the national election
district, in case if the party’s statements on candidatures into election
commissions have not been filed with at least two thirds of all the permanent
polling station election commissions in every territorial election district, in
which the party’s parliamentary candidates were registered, in the time period
established by part ten of Article 27 of this Law. After adoption of such
decision the respective party loses the status of the election process subject.
4.
The district election commission gives a warning to the individual
parliamentary candidate included on the party’s election list of parliamentary
candidates in the respective territorial election district, which is published
in the regional and local printed mass media, in case of the following:
1)
if the court establishes the fact of bribing the voters or the election
commission members by the parliamentary candidate or their proxy, as well as by another person upon the instruction of the parliamentary candidate, in the process
of investigation of the election dispute in the manner prescribed by the Law;
2)
if the court, in the process of investigation of the election dispute in
the manner prescribed by the Law, establishes the fact of providing to the
voters, institutions, establishments, organizations or election commission
members during the election process of money or goods free of charge or on
preferential terms (except goods that contain visual representations of name,
symbols, party’s flag and goods that contain visual representations of last name, first name, patronymic of the parliamentary candidate, their photograph, ordinal
number of the parliamentary candidate in the complete list of the parliamentary
candidates in the territorial election district), under condition that the
value of such goods does not exceed three per cent of the minimum wage), works,
services, securities, loans, lotteries, other material values (indirect
bribing) by the parliamentary candidate or a legal entity, whose founder, owner
or governing body member is the parliamentary candidate;
3)
if the court establishes, in the process of investigation of the
election dispute in the manner prescribed by the Law, the fact of using by the
parliamentary candidate of other funds, in addition to the funds of the
parliamentary candidate’s election fund, for the campaign financing;
4)
if the court establishes, in the process of investigation of the
election dispute, that the parliamentary candidate that occupies a position,
including case when they have more than one job, in the executive power bodies
or in the local self-government bodies, at state or communal enterprises, in
the institutions, establishments, organizations, in the military units created
in accordance with the Laws of Ukraine, involved or used for the election
campaigning their subordinates, office transportation vehicles, means of
communication, equipment, other objects and recourses at their place of
employment (official position abuse);
5)
if the parliamentary candidate violates restrictions as to election campaign, including campaigning during the election process beyond the time
period established by Article 61 of this Law.
5.
The Central Election announces a warning to the party that nominated the
parliamentary candidates, which is published in the national printed mass media, in case of the following:
1)
if the court establishes, in the process of investigation of the
election dispute in the manner prescribed by the Law, the fact of bribing the
voters or the election commission members by the party that nominated the
parliamentary candidates, the party’s representative in the Central Election
Commission, the party’s authorized agent or official or other person upon the
instruction of the party;
2)
if the court, in the process of investigation of the election dispute in
the manner prescribed by the Law, establishes the fact of providing to the
voters, institutions, establishments, organizations or election commission
members during the election process of money or goods free of charge or on
preferential terms (except goods that contain visual representations of name,
symbols, party’s flag), under condition that the value of such goods does not
exceed three per cent of the minimum wage), works, services, securities, loans,
lotteries, other material values (indirect bribing) by a legal entity, whose
founder, owner or governing body member is the party that nominated the
parliamentary candidates or an official from this party;
3)
if the court establishes, in the process of investigation of the
election dispute in the manner prescribed by the Law, the fact of using by the
party of other funds, in addition to the funds of the party’s election fund,
for the campaign financing;
4)
if the party violates restrictions as to election campaign, including
campaigning during the election process beyond time period established by
Article 61 of this Law.
6.
The district election commission considers the issue about cancellation
of the parliamentary candidate registration or about giving them a warning in
presence of the parliamentary candidate or their proxy. The above mentioned
persons are informed about the time of considering those issues by the district
election commission no later than prior to the day of considering them. In case of absence of the above mentioned persons at the district election commission meeting
without a good reason, and in case of considering such issues in less than
three days prior to election day for any reason, such issues are considered by
the district election commission in absence of the above mentioned persons.
7.
The Central Election Commission considers the issue about cancellation
of registration of all the parliamentary candidates included on the party’s
election lists in the territorial election districts and in the national
election district, or about giving the party a warning in presence of the
party’s representative in the Central Election Commission. The party’s
representative in the Central Election Commission is informed about the time of
considering those issues by the Central Election Commission no later than prior
to the day of considering them. In case of absence of the party’s
representative in the Central Election Commission at the meeting of the Central
Election Commission without a good reason, and in case of considering such
issues in less than three days prior to election day for any reason, such issues are considered by the Central Election Commission in absence of the party’s
representative in the Central Election Commission.
8.
In cases of violations envisaged by part four of this Article, or in case of other violations for which criminal or administrative liability is prescribed by Law, the
district election commission informs about them the respective law enforcement
authorities with the purpose of investigation and reacting in compliance with
legislation. In cases of violations envisaged by part four of this Article, or
in case of other violations for which criminal or administrative liability is
prescribed by Law, the Central Election Commission informs the respective law
enforcement authorities about them with the purpose of investigation and
reacting in compliance with legislation
9.
The district election commission informs the parliamentary candidate
about the decision to cancel the registration of the parliamentary candidate or
about giving a warning to the parliamentary candidate no later than the day
after making such decision, and provides a copy of this decision to the
parliamentary candidate or their proxy in the same time period. If the decision
on the announcing a warning to the parliamentary candidate is made on the last day prior to election day, a copy of such decision is given to the parliamentary candidate
or their proxy immediately.
10.
The Central Election Commission informs the party about the decision to
cancel the registration of all the parliamentary candidates included on the
party’s election lists in the territorial election districts and in the
national election district no later than the day after such decision approval,
and provides a copy of this decision to the party’s representative in the
Central Election Commission in the same time period. If the above mentioned
decision is made on the last day prior to election day, a copy of such decision
is given to the party’s representative in the Central Election Commission
immediately.
11.
In case of death of the parliamentary candidate or recognizing the
parliamentary candidate as missing, the district election commission announces
them as such that left the campaign and excludes them from the party’s election
list of parliamentary candidates in the respective territorial election
district and from the party’s election list of parliamentary candidates in the
national election district.
Article 60.
Complete Parliamentary Candidates’ List in Territorial Election District
1. On the
grounds of the decision on the registration of parliamentary candidates
included in the party electoral lists in the territorial election district, no
later than fifty days prior to election day, the district election commission
shall approve by its decision the complete parliamentary candidates’ list in
the respective territorial election district.
2. All the
parliamentary candidates included on the party’s parliamentary candidate
election list in this territorial election district, whose registration has not been canceled and who have not been removed from the balloting shall be included on the
complete election list of parliamentary candidates in the territorial election
district.
3. The complete
parliamentary candidates’ list in the territorial election district shall
present a totality of all the parties’ parliamentary candidate election lists in
the territorial election district, in each of which the names of the
parliamentary candidates liable to be included on the complete parliamentary
candidates’ list according to part two of this Article, shall be arranged in
alphabetical order. The order of priority of including the parliamentary
candidates from every party on the complete parliamentary candidates’ list
shall be defined by way of drawing lots, which shall be performed by the
district election commission on the day of approving the complete parliamentary
candidates’ list in the territorial election district with the participation of
the authorized persons from the parties in the respective territorial election
district. The numeration of parliamentary candidates on the complete
parliamentary candidates’ list in the territorial election district shall be
continuous (unbroken).
4. The complete
parliamentary candidates’ list in the territorial election district in the
order of priority, defined by way of drawing lots as envisaged by part three of
this Article, shall contain the indication of the parties’ full names, the
parliamentary candidates of which are to be included on the complete
parliamentary candidates’ list in the territorial election district. All the
names of parliamentary candidates from the respective party in the territorial
election district, arranged in alphabetical order, shall be entered below the
full name of every party. For every parliamentary candidate the following shall
be indicated:
1) the
parliamentary candidate’s ordinal number in the complete parliamentary
candidates’ list in the territorial election district;
2)
parliamentary candidate’s full name (last name, first name and patronymic) in
the complete parliamentary candidates’ list in the respective territorial
election district;
3) day, month,
year of birth of the parliamentary candidate in the respective territorial
election district;
4) information
on the parliamentary candidate’s education;
5) post held
(occupation), place of work of the parliamentary candidate;
6) ordinal
number of the parliamentary candidate in the parliamentary candidates’
electoral list from the party in the national election district.
5. The
authorized persons from the party shall be informed about the day of the
district election commission meeting, at which the decision on approving the
complete party’s parliamentary candidate election list in the respective
territorial election district shall be made, no later than three days prior to
holding the meeting.
6. Grounds for
introducing changes into the complete parliamentary candidates’ list in the
territorial election district can be:
1) the
district election commission decision on cancellation of the registration of
the parliamentary candidate included on the party electoral list in the
respective territorial election district;
2) the
district election commission declaring the parliamentary candidate as the one who was removed from balloting on the grounds envisaged by part eleven Article 59 of
this Law;
3) the Central
Election Commission approval of the decision on the cancellation of the
registration of all the parliamentary candidates included on the party
electoral lists in the territorial election districts and in the parliamentary
candidates’ electoral list from the party in the national election district.
7. The
district election commission shall make a decision on introducing changes in
the complete parliamentary candidates’ list in the respective territorial
election district simultaneously with the approval of the respective decision
envisaged by part six of this Article.
8. When
approving the decision on introducing changes in the complete parliamentary
candidates’ list in the respective territorial election district by the
district election commission, the ordinal numbers of the parliamentary
candidates in the complete parliamentary candidates’ list in the respective territorial
election district, whose registration has not been cancelled and who have not
been declared as the ones who were removed from balloting, shall not be
changed.
9. Changes in
the complete parliamentary candidates’ list in the respective territorial
election district shall be entered by way of the district election commission
making the decision on approving the new complete parliamentary candidates’
list in this territorial election district. It should be noted though that the
parliamentary candidates, whose registration has been canceled or who has been declared as removed from balloting, shall not be entered in the complete parliamentary
candidates’ list.
10. The
regional mass media shall publicize the decision on approving the complete
parliamentary candidates’ list in the territorial election district as envisaged by part one of this Article, the decision on approving the new complete
parliamentary candidates’ list in this territorial election district as envisaged by part nine of this Article in the time period of three days as of the approval day of the respective decision, and in case it was made less than three days
prior to election day – on the very day it was made.
CHAPTER VIII.
PRE-ELECTION CAMPAIGNING
Article 61.
Time frame of Pre-Election Campaigning
1.A party
shall have the right to launch pre-election campaigning as of the moment all
the district election commissions have approved the decisions on the
registration of the parliamentary candidates’ entered in the party electoral
lists in the respective territorial election districts.
2. A
parliamentary candidate included on the party’s parliamentary candidates’
electoral list shall have the right to launch their pre-election campaign as of the moment the respective district election commission has approved the decision on their
registration.
3. The
pre-election campaigning shall be terminated at 24 hours on the last Friday before election day.
4.
Pre-election campaigning on the eve of election day and on election day is
prohibited. No mass activities like rallies, mass meetings, marches,
demonstrations, pickets on behalf of the party that is the election process
subject (or the parliamentary candidate) nor dissemination of campaigning
materials including public announcements of supporting the party or
parliamentary candidates in holding concerts, shows, sporting events,
demonstrating films and TV programs or any other public activities, shall be
allowed.
Article 62.
Forms and Means of Pre-Election Campaign
1.
Pre-election campaigning means undertaking any activities intended to persuade
people to vote for or against a particular election process subject.
Pre-election campaigning can be conducted in any forms and by any means, unless
they contradict the Constitution of Ukraine and Laws of Ukraine. Citizens of Ukraine shall have the right of free and thorough discussion of pre-election party or
parliamentary candidates’ programs, as well as of political, executive and
personal qualities of parliamentary candidates, and of conducting campaigning
for or against parties, parliamentary candidates.
2.
Pre-election campaigning can be done in the following forms:
1) holding
citizens’ meetings, other meetings with voters;
2) holding
meetings (rallies), marches, demonstrations, pickets;
3) holding
public debates, discussions, “round-table” discussions, press conferences
concerning the regulations of the pre-election programs and political
activities of the parties that are the election process subjects or
parliamentary candidates;
4) promulgating
political advertising, speeches, interviews, essays, video-films, audio- and
video-clips, other publications and messages in the printed and audio-visual
(electronic) mass media;
5) circulating
election leaflets, posters and other printed campaigning materials or printed
editions containing pre-election campaigning materials;
6) placing
printed campaigning materials or political advertisements on the outside
advertisement carriers;
7) holding
concerts, shows, sporting events, film and TV program demonstration or any
other public events with support from the party that is the election process
subject or parliamentary candidate as well as publicizing the information on
such support;
8) public
calls to vote for or against parties that are the election process subjects,
parliamentary candidates or public assessments of these parties or
parliamentary candidates;
9) other forms
of campaigning unless they contradict the Constitution of Ukraine and Laws of
Ukraine.
3. Political
advertisement is one of the forms of pre-election campaigning paid at the
expense of the parties’ (or parliamentary candidates’) election funds and
placed with the help of advertising means, aimed at persuading voters to vote
for or against a particular election process subject. Political advertisement
shall comprise making use of symbols or logos of parties that are the election
process subjects as well as information on the party’s or parliamentary
candidate’s support of any shows or other public events or with attracting the
attention to the participation of parties that are the election process
subjects or particular persons as parliamentary candidates in these events.
4.
The financial support by the party that is the election process subject in
holding concerts, shows, sporting events, film or TV program demonstration or
any other public events shall be provided solely at the expense of the
respective party’s election fund.
5. The
parliamentary candidate’s financial support in holding concerts, shows,
sporting events, film or TV program demonstration or any other public events
shall be provided solely at the expense of the respective parliamentary
candidate’s election fund.
6. The
official information on the parliamentary candidates’ activities related to
exercising their authorities envisaged by the Constitution of Ukraine and Laws
of Ukraine and prepared in the order stipulated by the Law of Ukraine “On the
order of covering the activities of state power bodies and local
self-government bodies in Ukraine by mass media” shall not belong to
pre-election campaigning. The aforesaid information shall not contain any
comments of pre-election campaigning character, as well as any video- (audio)
recordings, film shooting, photo-illustrations on the activities of the
indicated persons as parliamentary candidates.
7.
Pre-election campaigning shall be conducted at the expense of the funds of the
State Budget of Ukraine, specially allocated for preparing and holding
parliamentary elections for the purposes determined by this Law, as well as at the expense of the party’s election funds and the parliamentary candidates’
election funds. Making use of the funds from sources not envisaged by part six
of this Article for holding pre-election campaigning, including the ones formed
on the voters’ initiative, shall be prohibited.
8.
Pre-election campaigning at the expense of the funds of the State Budget of
Ukraine, specially allocated for preparing and holding the elections, shall be
conducted on equal conditions in terms of providing the parties that are the
election process subjects and parliamentary candidates with equal print spaces
in the printed mass media.
9. On the basis of the application from the respective district election commission, the executive power
bodies and the local self-government bodies shall allot the premises suitable
for holding public pre-election campaigning events, which shall be organized by
the district election commission. It should be noted that the district election
commission shall provide equal opportunities for all the parties that are the
election process subjects and all the parliamentary candidates included on the
party electoral lists in the respective territorial election district. Payment
for the use of the aforesaid allocated premises shall be made in the order
established by Article 51 of this Law.
10. A party
that is the election process subject shall have the right to rent (on a
contractual basis) premises of any form of ownership for holding meetings,
rallies, debates, discussions and other public pre-election campaigning events
at the expense of its own election funds.
11. A
parliamentary candidate shall have the right to rent (on a contractual basis) premises of any form of ownership for holding meetings, rallies, debates, discussions and
other public pre-election campaigning events at the expense of their own
election funds.
12. Parties
and parliamentary candidates shall notify the respective district election
commission of the time and venue of holding the scheduled campaigning public
events.
13. In case a building (premises) (irrespective of the form of ownership) has (have) been provided for
holding a pre-election campaigning event or any campaigning activities for one
party, the owner (user) of the said building (premises) shall not have the
right to refuse in providing the same conditions for another party that is the
election process subject. The indicated requirement shall not pertain to the
premises, which are in the ownership or in constant use of the parties that are
the election process subjects.
14. In case a building (premises) (irrespective of the form of ownership) has (have) been provided for
holding a pre-election campaigning event or any campaigning activities for one
parliamentary candidate, the owner (user) of the said building (premises) shall
not have the right to refuse in providing the same conditions for another
parliamentary candidate included on the complete parliamentary candidates’
election list from another party.
Article 63.
Information Brochures on Parliamentary Candidates and Pre-Election Campaigning
Materials
1. The
district election commission shall provide for the publication of information
brochures on the parliamentary candidates included on the complete parties’
parliamentary candidate election lists in the respective territorial election
district, for every polling station within the territorial election district,
at the expense of the funds allocated by the State Budget of Ukraine for
preparing and holding the parliamentary elections, no later than thirty days
prior to election day.
2. The Central
Election Commission shall provide for the publication of information brochures
on the parliamentary candidates included on the parties’ parliamentary
candidate election lists in the national election district, for every foreign
polling station, at the expense of the funds allocated by the State Budget of
Ukraine for preparing and holding the parliamentary elections, no later than
thirty days prior to election day.
3. Every
information brochure on the parliamentary candidates included on the
parliamentary electoral lists from the parties in the respective territorial
election district shall contain the number of pages corresponding to the number
of parliamentary candidates included on the complete parliamentary candidates’
list in the respective territorial election district.
Every page of
the information brochure on the parliamentary candidates included on the
parties’ parliamentary candidate election lists in the respective territorial
election district, shall contain the parliamentary candidate’s pre-election
program, submitted at the registration of the parliamentary candidate in the
respective territorial election district, the ordinal number of the
parliamentary candidate in the complete parliamentary candidates’ list in the
respective territorial election district, the parliamentary candidate’s full
name (last name, first name and patronymic), year of their birth, post held
(occupation), place of work and election address, the indication of the full
name of the party, from which the parliamentary candidate in the respective
territorial election district has been included on the parliamentary
candidates’ electoral list, the date of being granted the membership in this
party (if the parliamentary candidate is a member of the respective party), the
ordinal number of the parliamentary candidate in the parliamentary candidates’
electoral list in the national election district, the parliamentary candidate’s
photograph.
The
information envisaged by paragraph two part three of this Article shall be
printed on one side of every page of the information brochure on the
parliamentary candidates included on the party’s parliamentary candidate
election list in the respective territorial election district.
Pages of the
information brochures on the parliamentary candidates included on the party’s
parliamentary candidate election list in the respective territorial election
district shall be arranged in the priority order of the parliamentary
candidates’ ordinal numbers, which were defined by the complete parliamentary
candidates’ list in the respective territorial election district.
4. Every
information brochure on the parliamentary candidates included on the parties’
parliamentary candidate election lists in the national election district shall
contain the number of pages corresponding to the number of parties, the
parliamentary candidates from which have been registered by all the district
election commissions.
Every page of
the information brochure on the parliamentary candidates included on the
parties’ parliamentary candidate election lists in the national election
district shall contain the indication of the full name of the party, which
nominated the parliamentary candidates in all the territorial election
districts, the pre-election program of the party, which was submitted at the
registration of the parliamentary candidates from the party in all of the
territorial election districts, parliamentary candidates’ electoral list from
the party in territorial election district with the indication of the ordinal
number, full name (last name, first name and patronymic), year of birth, post
held (occupation), place of work and election address, party affiliation and
the date of being granted party membership (if the parliamentary candidate is a
member of the respective party) of the first five parliamentary candidates
included on the parliamentary candidates’ electoral list from the respective
party in the national election district, the photographs of the first five
parliamentary candidates included on the parliamentary candidates’ electoral
list from the party in the national election district.
The
information envisaged by paragraph two part four of this Article shall be
printed on one side of every page of the information brochure on the
parliamentary candidates included on the parties’ parliamentary candidate
election lists in the national election district.
Pages in the
information brochure on the parliamentary candidates included on the parties’
parliamentary candidate election lists in the national election district shall
be arranged in the order of priority of the ordinal numbers of the parties in
the complete list of the parties, which shall be determined in the order
established by part seven Article 74 of this Law.
5. The format,
size and printing of the information brochures on the parliamentary candidates
included on the parliamentary candidates’ electoral lists from the party in the
respective territorial election district shall be established by the district
election commission. The format, size and printing of the information brochures
on the parliamentary candidates included on the parliamentary candidates’
electoral lists from the party in the national election district shall be
established by the Central Election Commission.
6. The
district election commission shall coordinate the text and printing of the
information brochures on the parliamentary candidates included on the parties’
parliamentary candidate election lists in the respective territorial election
district with the respective parliamentary candidates or the persons presenting
them. The Central Election Commission shall coordinate the text and printing of
the information brochures on the parliamentary candidates included on the parties’
parliamentary candidate election lists in the national election district with
the representatives of the respective parties in the national election
district.
7. The Central
Election Commission, the district election commission shall provide for the production
of the equal quantity of information brochures on the parliamentary candidates,
no less than fifteen copies of information brochures on the parliamentary
candidates for every polling station.
8.
Information brochures on the parliamentary candidates shall be transferred in
the order established by the Central Election Commission to the polling station
election commissions in the time period no later than fifteen days prior to
election day.
9.
A party that is the election process subject can at its own discretion have the
pre-election campaigning materials published at the expense and within the
costs of the party’s election funds. A party can have its pre-election
campaigning materials published making use of its own equipment. The
information in these materials shall comply with the requirements of the
Law.
10. A
parliamentary candidate can at their own discretion have the pre-election
campaigning materials published at the expense and within the costs of the
parliamentary candidate’s election funds. A parliamentary candidate can have
their pre-election campaigning materials published making use of their own
equipment. The information in these materials shall comply with the
requirements of the Law.
11. A party
that is the election process subject shall be obliged to submit one copy of
each piece of printed pre-election campaigning materials, produced at the
expense of its own election funds and with the use of its own equipment, to the
Central Election Commission no later than five days after these materials were
produced.
12. A
parliamentary candidate shall be obliged to submit one copy of each piece of
printed pre-election campaigning materials, produced at the expense of their
own election funds and with the use of their own equipment, to the district
election commission no later than five days after these materials were
produced.
13. The
printed pre-election campaigning materials shall contain the information on the
printing establishment or the indication that they were printed with the use of
the equipment that belongs to a party (parliamentary candidate), their
circulation, and persons in charge of the issue.
14. Local
executive power bodies, local self-government bodies shall allocate special
places in frequently visited public areas and furnish them with stands and
notice-boards with pre-election campaigning publicity materials.
Article 64.
General Order of Using Mass Media
1.
Pre-election campaigning with the use of the mass media of any forms of
ownership shall be conducted in compliance with the principle of equal
opportunities and in the order envisaged by this Law.
2.
Pre-election campaigning in the mass media including political advertising
shall be conducted in the format and in compliance with the requirements
established by this Article and Articles 62, 65-67 of this Law.
3. A party
that is the election process subject shall have the right to make use of the
printed media of the state and communal forms of ownership at the expense and
within the funds of the State Budget of Ukraine, allocated for preparing and
conducting the parliamentary elections, on the conditions envisaged by this
Law.
4. The order
of providing print space at the expense and within the funds of the State
Budget of Ukraine, which are allocated for preparing and conducting the
elections, shall be established by the Central Election Commission no later
than one hundred days prior to election day.
5.
Pre-election campaigning in the mass media of all forms of ownership at the
expense of the party’s election funds shall be conducted on conditions of equal
charges for airtime or print space units. Pre-election campaigning in the mass media of all forms of ownership at the expense of the parliamentary candidate’s election
funds shall be conducted on conditions of equal charges for airtime or print
space units.
6. Charges for
airtime and print space units for conducting pre-election campaigning at the
expense of parties that are the election process subjects and parliamentary
candidates shall be established by the respective mass media no later than one
hundred days prior to election day and shall not exceed the arithmetic average
size of charges for commercials (non-profit making commercials) for the first
three quarters of the year, preceding the parliamentary election year. It
should be noted that mass media can estimate their charges for print space or
airtime units separately for weekdays, and for weekends and holidays, as well as separately for different periods of print space or airtime according to the greatest
involvement of the targeted audience.
7. The mass media registered after April 1 of the year preceding the parliamentary election year shall
establish their charges for print space and airtime units on the grounds of the
data for all the period of their activities in the order established by part
six of this Article. The mass media charges shall be estimated in the size not
exceeding the charges of the newspapers “Holos Ukrayiny” (for printed media)
and the National Television Company of Ukraine and the National Radio Company
of Ukraine (for television and radio organizations).
8. The
national mass media shall officially dispatch the information on the cost
charges for print space or airtime, established in compliance with the requirements
of part six or seven of this Article, to the Central Election Commission no
later than one hundred and ten days prior to election day, and as regards the regional and local mass media – to the district election commissions no later
than five days after they were formed. The cost charges for print space or
airtime units for conducting the pre-election campaigning shall not be subject
to any changes throughout the electoral process. The mass media shall not offer
any discounts or introduce any extra charges for paying for print space or
airtime for parties that are the election process subjects or parliamentary
candidates.
9. The mass media, which provided airtime or print space to one party that is the election process
subject, or a parliamentary candidate, shall not refuse in providing airtime or
print space respectively to another party that is the election process subject
or parliamentary candidate from another party on equal conditions. The mass media can refuse a party that is the election process subject or a parliamentary candidate
in providing airtime or print space in case the materials submitted for
publicizing do not comply with the requirements of parts five or nine of this
Article.
10.
In case of publicizing the results of the opinion polls related to the
parliamentary elections, the mass media shall make references to the
organization, which conducted the public opinion poll, the legal entity or
physical person, who paid for conducting the opinion poll, the number of
respondents, methods of data collection, the exact wording of the posed
questions, and the statistical value of a possible error.
11. The
requirements, established by parts five through nine of this Article, shall not
extend on the mass media, whose founders (owners) are parties that are the
election process subjects.
12. The
coverage of the election process in the mass media of all forms of ownership in
interviews, discussions and debates, informational messages, in newscasts covering current events shall be provided on the basis of objectivity, impartiality, and
with providing equal importance.
Article 65.
Order of Using Electronic (Audio-Visual) Mass Media
1. All
television and radio broadcasting companies shall be obliged to publicize in
the printed media their charges for one minute (second) of airtime no later
than one hundred and ten days prior to election day. The nationwide television
and radio companies, which are entitled to broadcast on the national channels,
shall publicize this information in the newspapers “Holos Ukrayiny” and
“Uryadovy Kuryer”, as regards the regional and local television and radio
companies – in the respective regional and local mass media of either state or
communal form of ownership.
2. A party
shall be provided with airtime at the expense of the party’s election fund on
the basis of the agreement made on behalf of the party by the funds
administrator of the party’s election fund current bank account with the
television and (or) radio company of any form of ownership. No airtime shall be
provided for the party without concluding such agreements; neither shall the
relevant transfers of funds into the accounts of the said television and radio
companies be done.
3. A
parliamentary candidate shall be provided with airtime at the expense of the
parliamentary candidate’s election fund on the basis of the agreement made on
behalf of the parliamentary candidate by the funds administrator of the
parliamentary candidate’s fund current bank account with the television and
(or) radio company of any form of ownership. No airtime shall be provided for
the parliamentary candidate without concluding such agreements; neither shall
the relevant transfers of funds into the accounts of the said television and
radio companies be done.
4. Television
and radio companies shall be obliged to make audio- and video-recordings of all
the programs containing pre-election campaign materials and keep them
throughout a thirty day time period as of the day of official publication of
the election result.
5. At the
written requests from the Central Election Commission and the National Council
of Ukraine for Radio and Television Broadcasting television and radio companies
of all forms of ownership shall be obliged to provide them with all the
information regarding the allocation of airtime to the party for conducting the
pre-election campaigning, and in case of need also the copies of the respective
agreements, billing (settlement) documents and the tape or otherwise recorded
broadcasting products or any other information-carrying medium.
6. At the
written requests from the district election commission and the National Council
of Ukraine for Radio and Television Broadcasting television and radio companies
of all forms of ownership shall be obliged to provide them with all the
information regarding the allocation of airtime to the parliamentary candidate
for conducting the pre-election campaigning, and in case of need also the
copies of the respective agreements, billing (settlement) documents and the
tape or otherwise recorded broadcasting products or any other
information-carrying medium.
7. Only
parties that are the election process subjects and parliamentary candidates can
be customers of political advertisements to be demonstrated by television and
radio companies during the election campaign. While airing the political
advertisement it is mandatory that its customer’s full name (the parliamentary
candidate’s last name, first name and patronymic; the number of the territorial
election district; the parliamentary candidate’s ordinal number in the complete
parliamentary candidates’ from the party in the respective territorial election
district – if the political advertisement customer is a parliamentary
candidate) be indicated in the form of the text message, which shall occupy no
less than fifteen per cent of the screen area and be performed in the color
contrasting the background and be acceptable for the viewer.
Article 66.
Order of Using Printed Mass Media
1. A party
that is the election process subject shall have the right at the expense and within
the funds of the State Budget of Ukraine, which are allocated for preparing and
conducting the elections, to publish their election manifestos in the
newspapers “Holos Ukrayiny” and “Uryadovy Kuryer” as well as in one of the regional (local) printed mass media either of state or communal form of
ownership in each of the regions, with the printing patterns equal for all
parties and each material containing no more than seven thousand and eight
hundred printed characters.
2. A
parliamentary candidate shall have the right at the expense and within the
funds of the State Budget of Ukraine, which are allocated for preparing and
conducting the elections, to publicize their election manifesto in one of the
regional (local) printed mass media either of state or communal form of
ownership in the respective region, with the printing patterns equal for all
parliamentary candidates included on the complete parties’ parliamentary
candidate election lists in the respective territorial election district and
each material containing no more than three thousand and nine hundred printed
characters.
3. The
agreement on the publication of parties’ election manifestos with the mass media editorial staff indicated in part one of this Article shall be concluded respectively
by the Central Election Commission or the district election commission in the
respective region, determined by the Central Election Commission decision.
4. The
agreement on the publication of parliamentary candidates’ election manifestos
with the editorial staff of the regional (local) printed mass media of state or communal form of ownership of the respective region shall be concluded by
the district election commission of the territorial election district, in which
the respective parliamentary candidate from the party was nominated.
5. The
editorial boards of the newspapers “Holos Ukrayiny” and “Uryadovy Kuryer” as well as the editorial boards of the regional (local) printed mass media of state or communal
form of ownership, with which the Central Election Commission and the
respective district election commissions have concluded agreements on the
publication of the election manifestos of the parties that are the election
process subjects and the parliamentary candidates’ manifestos, shall be obliged
to dispatch to the respective election commissions specific issue dates of the
respective editions with the election manifestos with the indication of placing
these manifestos in each of the edition issues (columns).
6. The order
of priority of publishing the election manifestos at the expense of the funds
of the State Budget of Ukraine, which are allocated for preparing and
conducting the elections, in the mass media envisaged by part one of this
Article shall be established by the Central Election Commission by way of
drawing lots with the participation, respectively, of party representatives in
the Central Election Commission or the authorized persons from the party in the
respective territorial election district, no later than fourty three days prior
to election day. The lot drawing results as to the priority of publishing the
parties’ election manifestos shall be publicized respectively in the newspapers
“Holos Ukrayiny” and “Uryadovy Kuryer”, in the regional (local) printed mass media of either state or communal form of ownership within a three day time period after
their approval by the Central Election Commission or the respective district
election commission.
7. The order
of priority of publishing the election manifestos at the expense of the funds
of the State Budget of Ukraine, which are allocated for preparing and
conducting the elections, in the mass media envisaged by part two of this
Article shall be established by the respective district election commissions by
way of drawing lots with the participation, respectively, of parliamentary
candidates or persons presenting them in the respective territorial election
district, no later than fourty three days prior to election day. The lot drawing
results as to the priority of publishing the parliamentary candidates’ election
manifestos shall be publicized in the regional (local) printed mass media of either state or communal pattern of ownership within a three day time period after
their approval by the respective district election commission.
8. A party
that is the election process subject shall have the right at the expense of its
own election funds to publish its pre-election campaigning materials in the
printed mass media of any forms of ownership, which are published in Ukraine, except for the mass media indicated in part seventeen of Article 67 of this Law.
9. A
parliamentary candidate shall have the right at the expense of their own
election funds to publish their pre-election campaigning materials in the
printed mass media of any forms of ownership, which are circulated on the
territory of the respective territorial election district, except for the mass media indicated in part seventeen of Article 67 of this Law.
10. The
pre-election campaigning materials, indicated in part eight of this Article,
shall be published on the basis of the agreement made on behalf of the party by
the funds administrator of the party’s election fund current bank account with
the editorial board (publisher) of the printed mass media. No publications
shall be allowed for the party without concluding such agreements; neither
shall the relevant transfers of funds into the accounts of the said printed mass media be done. This requirement shall not extend on the mass media, whose founder (owners)
is a party that is the election process subjects.
11. The
pre-election campaigning materials indicated in part nine of this Article made
on behalf of the parliamentary candidate by the funds administrator of the
parliamentary candidate’s election fund current bank account with the editorial
board (publisher) of the printed mass media. No publications of these materials
shall be allowed without concluding such agreements; neither shall the relevant
transfers of funds into the accounts of the said printed mass media be done.
12. At the
written requests from the Central Election Commission the editorial boards
(publishers) of the printed mass media of all forms of ownership shall be
obliged to provide it with all the information regarding the use of the print
space for placing the parties’ pre-election campaigning materials, and in case of need also the copies of the respective agreements, billing (settlement) documents and the
respective materials.
13. At the
written requests from the district election commission the editorial boards
(publishers) of the printed mass media of all forms of ownership shall be
obliged to provide it with all the information regarding the use of the print
spaces for placing the parliamentary candidates’ pre-election campaigning
materials, and in case of need also the copies of the respective agreements,
billing (settlement) documents and the respective materials.
Article 67.
Restrictions as to Pre-election Campaigning
1. The
participation in the pre-election campaign is prohibited for:
1). Foreigners
and people without citizenship, including campaigning through journalist
activities or participation in concerts, shows, sport events, or other public
events, which are aimed at supporting the party that is the election process
participant or parliamentary candidate, or with their support;
2). Bodies of
executive power or self government, Law enforcement bodies and courts;
3). Government
officials or officeholders mentioned under item 2 of this part, except for the
cases when the respective government official or officeholder is a
parliamentary candidate;
4). Election
commission members during their term of office in the respective election
commissions.
2.
Pre-election campaigning shall be restricted in military units (groups) and
institutions of penal executive system. Visits of parliamentary candidates,
persons presenting the candidates, or party’s authorized agents to the military
units (groups) and the penal executive system institutions is prohibited.
Meetings of these people with voters shall be organized by the respective
district election commission together with the military unit (group) commander
or head of the institution of penal executive system with an obligatory notice
no later than three days before the meeting of all the authorized agents in the
corresponding territorial election commission and the persons presenting the
parliamentary candidates, entered in the complete parliamentary candidates’
list in the respective territorial election district.
3. It is
prohibited to make use of the facilities of state power bodies or local
self-government bodies for pre-election campaigning at the expense of the
election funds of the parties or parliamentary candidates.
4. It is
prohibited to place the campaigning materials and political advertisements on
the buildings and facilities of state power bodies and the bodies of local
self-government.
5.
Dissemination of any materials calling to undermining Ukraine’s independence,
changing the constitutional system by force, infringing the sovereignty and
territorial integrity of the state, undermining its safety, illegal seizure of
state power, propagation of war, violence and the stirring up of
inter-ethnical, race, national and religious hatred, encroachment on person’s
rights and freedoms, and on people’s health shall be prohibited.
6. During the
election process, in their printed materials and broadcast programs not
envisaged by the agreements made according to parts 2 and 3 of Article 65 and
parts 10 and 11 of Article 66 of this Law, the mass media, their elected
officials, officeholders and free-lance workers are prohibited to propagate for
or against parties, parliamentary candidates or to spread the information,
which has signs of political advertisement, either for free or paid from the
sources not stipulated by Law, or to spread any information aimed at impelling
voters to vote for or against a certain election process subject.
7. It is
prohibited to place the political advertisements in the same bloc with
commercials or social advertisements.
8. Placing and
spreading carriers of political advertisements through radio or other networks
of informing passengers in the vehicles of public use, at the underground
stations, train stations, seaports and airports is prohibited.
9. Spreading
deliberately inaccurate or slanderous information about a party that is the
election process subject or a parliamentary candidate is prohibited.
10. In case the court, while considering an election conflict, states a repeated or one time grave
violation of this Law requirements by a mass media outlet, the court shall make
a decision on the temporary (until the end of the election process) suspension
of the license validity or about temporary injunction (until the end of the
election process) to issue a published edition.
11.
The National Council of Ukraine on Television and Radio Broadcasting shall terminate by its decision the transmission on the territory of Ukraine, including
the telecommunications operators, foreign TV channels, the activities of which
violate the norm as to the ban for foreign citizens or persons without a
citizenship pre-election campaigning through journalist activities or the
activities of which contain calls to undermining Ukraine’s independence,
changing the constitutional system by force, infringing the sovereignty and
territorial integrity of the state, undermining its safety, illegal seizure of
state power, propagation of war, violence and the stirring up of
inter-ethnical, race, national and religious hatred, encroachment on person’s
rights and freedoms, and on people’s health.
12. The party
that is the election process subject, the parliamentary candidate have the
right to appeal to the mass media, which publicized the information deemed
unreliable by the party or a parliamentary candidate, with the request to
publish their response. The mass media, which publicized the corresponding
material, is obliged, no later than three days as of the appeal day with a
request for an answer and no later than the last day before the election, to
provide the party or the parliamentary candidate regarding whom the unreliable
information was spread, an opportunity to disprove the publicized information
by granting them as much time correspondingly on TV or radio or publishing in
the mass media the disproving materials given by the party or the candidate, in
the same type size and placed under the rubric “Disproval” in the same column
in the volume no less than the volume of the initial information. The reply
should contain a reference to the corresponding publication in a printed mass media, TV program or radio broadcast, which is disproved. The reply published on the last day before the election shall not contain direct calls to vote for or against a certain
election process subject. The reply shall be published without any supplements,
comments or abridgements and performed at the expense of the mass media. The disproval shall not to be disproved.
13. Any
pre-election publicity campaigning, which is accompanied by giving voters,
institutions, establishments, organizations money or goods either free of
charge or on preferential terms (except for the goods that have the visual
images of the name, symbols, the parliamentary candidate’s name (last name, first name and patronymic), their picture, the ordinal number of the parliamentary
candidate in the complete parliamentary candidates’ list in the territorial
election district, provided that the cost of such goods does not exceed three
per cent of the minimum wage), services, works, securities, credits, lottery
tickets, other material assets, shall be prohibited. Such pre-election
campaigning or providing voters, institutions, establishments, organizations
with money or goods either free of charge or on preferential terms of goods,
services, works, securities, credits, lottery tickets, other material assets, which are accompanied by calls or suggestions to vote or not to vote for a certain
election process subject, or making mention of the party’s name or the
parliamentary candidate’s name, shall be considered indirect subornation of the
voters, which is indicated in item 2 part 4 and in item 2 part 5 of Article 59
of this Law.
14. The
Central Election Commission shall furnish its explanations regarding
prohibition in giving voters, institutions, establishments, organizations money
or goods either free of charge or on preferential terms (except the goods that
have the visual images of a name, symbols, the parliamentary candidate’s full
name (last name, first name and patronymic), their picture, the ordinal number
of the parliamentary candidate in the complete parliamentary candidates’ list
in the territorial election district provided that the cost of such goods does
not exceed three per cent of the minimum wage), services, works, securities,
credits, lottery tickets, other material assets (indirect subornation) in the
national mass media as envisaged by this part of the Law. The explanation text
shall be approved by the Central Election Commission and published twice on the
first page of the newspapers “Holos Ukrayiny” and “Uryadovy Kuryer” and telecast on channel 1 of the National Television Company of Ukraine and National Radio Company of
Ukraine, starting fifty days before election day, at the expense of the funds
of the State Budget of Ukraine, which are allocated for preparing and
conducting the election.
15.
Informational television and radio programs (newscast) shall not contain any
pre-election campaigning materials of the parties and parliamentary candidates;
neither shall they contain any political advertisements. All the materials of
pre-election campaigning shall be designated as such and separated from other
materials.
16. Any
interfering in broadcasting of pre-election party and parliamentary candidates’
programs with the commercials of goods, works, services and any other messages
shall not be allowed.
17.
Pre-election publicity campaigning in the foreign mass media, which are
functioning on the territory of Ukraine, and in the mass media registered in
Ukraine, in which the share of foreign property does not exceed fifty per cent,
shall be prohibited.
18. Mass media of all forms of ownership functioning on the territory of Ukraine shall be prohibited
to publish the information on the results of public opinion polls regarding the
parties that are the election process subjects and parliamentary candidates
after 24.00 on the last Friday before election day.
19. No
pre-election campaigning materials, political advertisements, information on
the development on the course of election process, shall be placed on the
buildings of cultural and historic heritage.
20.
Parliamentary candidates holding posts in the bodies of executive power and
bodies of self-government, Law enforcement bodies or courts, at the state,
communal enterprises, in establishments, institutions, organizations, military
units (groups) including combining jobs, shall be prohibited to involve for
pre-election campaign or for any other work connected with conducting the pre-election
campaign their subordinates at their place of work or other people, who are
dependent on them at work or administratively subordinated to them (in their
working time), or make use of office vehicles, communication, equipment,
facilities, other things or resources at their work, and to make use of office
or production meetings, staff meetings for the purposes of conducting
pre-election campaigning.
21. Production
and dissemination of printed pre-election campaigning materials with no
indication of the publishing company, which published the edition, its
circulation, as well as the information about the people in charge of the issue
shall be prohibited.
22. From the
time of termination of pre-election campaign, according to part three Article 66
of this Law, it is prohibited to conduct campaigning events, spread the
pre-election campaigning materials in the mass media, demonstrate campaigning
films or clips, disseminate election leaflets, posters, other printed election
matter, or printed publications containing election campaigning materials,
public calls to vote for or against the election process subjects, or public
evaluation of the party or parliamentary candidates’ activities. Pre-election
campaigning materials shall be removed as of 24.00 of the last Friday prior to election day by the respective services of local bodies of executive power
and self-government bodies.
23.
Publicizing the results of voters’ opinion polls, regarding the way they voted,
shall be prohibited on election day up to the end of voting. Ways of conducting
such polls shall ensure the voter’s secrecy of ballot.
24. Impeding
the exercise of rights for conducting the pre-election publicity campaigning, as well as violation of the legally established order of conducting such campaign entails a
liability prescribed by the legislation of Ukraine.
25. Mass media shall not be responsible for the content of the pre-election campaigning materials,
placed in accordance with the agreements with the customers, except for the cases stipulated by parts five and nine of this Article.
26. In case the Central Election Commission or district election commission receives a statement,
complaint or other message concerning the violations of the requirements of
this Article, which have the signs of committing a crime or administrative
violation, the respective election commission shall immediately appeal to the
respective Law enforcement bodies, examine the mentioned message and respond in
accordance with the legislation of Ukraine.
Chapter IX. Guarantees of Activities
of Parties, Candidates,
Official Observers
Article 68.
Guarantees of Party Activities in Election Process
1. A party
that is the election process subject shall have the right to delegate to the
Central Election Commission one representative in advisory capacity, who shall
be authorized to represent the interests of the party in the Central Election
Commission during the election process. The candidacy of the representative
shall be approved by the central leadership of the party.
2. The party
representative in the Central Election Commission shall be a citizen of Ukraine, who has the right to vote. No one from the following can be a representative of
the party: an election commission member; officials in the bodies of executive
power or court, Law enforcement bodies or bodies of local self-government; a
serviceman; a person who is doing alternative (non-military) service.
3. The
following papers shall be submitted to the Central Election Commission at any
time after all the district election commissions have taken a decision on the
registration of the parliamentary candidates entered in the election lists of
this party in the corresponding territorial election commissions: an
application for registration of the party representative in the Central
Election Commission, signed by the party leader and certified by the party
seal, a copy of the decision of the party central leadership body on affirming
the candidacy of the party representative in the Central Election Commission,
copies of all the district election commissions on the registration of
parliamentary candidates in the territorial election commissions. The
application for registration of the party representative in the Central
Election Commission shall contain: the party representative’s full name (last name, first name and patronymic), their citizenship, day, month and year of their birth,
place of work, post held, election address, telephone number. This person’s
written consent to represent the party interests in the Central Election
Commission shall be appended to the application.
4. The Central
Election Commission shall register the party representative in advisory
capacity in the Central Election Commission and grant them the credentials no
later than the third working day after the receipt of the papers as stipulated by part three of this Article. The format of the credentials shall be determined
by the Central Election Commission. In case the party loses its status of the
election process subject, the powers of the party representative in the Central
Election Commission shall be considered terminated as of the moment of the
emergence of these circumstances.
5. The party
that is the election process subject shall have no more than five authorized
agents from the party in the national election district and no more than five
authorized agents from the party in each territorial election district. An
authorized agent from the party shall represent a respective party that is the
election process subject and shall not be an independent election process
subject. An authorized agent from the party shall conform to the requirements
stipulated by part two of this Article. The list of authorized agents from the
party with a mandatory indication of the respective election district shall be
approved by the party central leadership body.
6. The powers
of the authorized agents of the party in the national election district shall
be also valid for a foreign election district.
7. The
application for registration of the party’s authorized agents, signed by the
party leader and certified by the party seal and a copy of the decision of the
party central leadership body on affirming the party’s authorized agents shall
be submitted to the Central Election Commission at any time, after all the
district election commissions have registered the candidates entered in the
this party’s election lists in the territorial election commissions. The
application for registration of the party’s authorized agents shall contain:
every authorized agent’s full name (last name, their first name and
patronymic), the respective election district, the citizenship of the party’s
authorized agent, day, month and year of their birth, place of work, post held
(occupation), election address, telephone number. These agents’ written consent
to represent the party interests in the respective election district shall to
be appended to the application.
8. The Central
Election Commission shall register the party’s authorized agents and grant the
party representative in the Central Election Commission their credentials
formatted by the Central Election Commission. In case the party loses its
status of the election process subject, the powers of the party’s authorized
agents shall be considered terminated as of the moment of the emergence of this
circumstance.
9. The party
representative in the Central Election Commission, the party’s authorized agent
shall have the right to be dismissed from their official or professional
functions without being paid their regular salary as agreed with the owner of
the enterprise, establishment, organization, or the authorized body, beginning
with the day the Central Election Commission registers them and up to the
termination of their authorities or the end of the election process.
10. The party
representative in the Central Election Commission, the party’s authorized agent
shall have the right at any time until the day of the election, to appeal to
the Central Election Commission with the resignation notice on the termination
of their powers.
11. The party
leadership body, which made a decision on approving the party representative or
the party’s authorized agent in the Central Election Commission, can make a
decision on revoking the party representative in the Central Election
Commission or the party’s authorized agent and on approving another candidacy
instead of the one revoked, at any time until the day of the election. The
relevant application along with the copy of the decision and other papers shall
be submitted to the Central Election Commission in the manner prescribed by
parts three and seven of this Article.
12. On the
grounds of the application submitted according to parts ten or eleven of this
Article and no later than the third working day after its submission, but no
later than the day of the election, on election day – immediately, the Central
Election Commission shall make a decision on invalidating the registration of
the party representative in the Central Election Commission or the party’s
authorized agent and on registering another person as the party representative
in the Central Election Commission or the party’s authorized agent. The copy of
the decision shall be immediately submitted to the party representative in the
Central Election Commission or mailed to the address of the party leadership
body.
13. The
credentials of the party representative in the Central Election Commission or
the party’s authorized agent, whose powers are terminated before the end of the
election process, shall be nullified and immediately returned to the Central
Election Commission.
14. The party
representative in the Central Election Commission shall have the right to:
1) attend all
the meetings of the Central Election Commission during the discussion of all
the issues related to the parliamentary election and participate in their
discussion in advisory capacity: to receive the agenda and materials to the
agenda issues before the beginning of the meeting, ask the reporter questions,
submit proposals regarding the decisions of the Central Election Commission;
2) familiarize
themselves with the minutes of the Central Election Commission meetings and its
decisions, receive the copies of these decisions; in case of absence from the
meeting, become familiar with the documents, which served a ground for making
decisions at that meeting;
3) familiarize
themselves with the minutes, phone messages, facsimiles and other official
messages arriving at the Central Election Commission from the district and
foreign polling stations, about the results of the vote and the outcome of the
election in the respective territorial election district as well as the minutes of the respective polling election commissions on the vote count at the polling
station, receive their copies;
4) exercise
other rights stipulated by this Law for the party representative in the Central
Election Commission.
15. The
party’s authorized agent shall:
1) assist the party in its participation in the election process, including the pre-election
campaigning;
2) represent
the interests of the party in the relationships with election commissions
(except the Central Election Commission), with the bodies of executive power,
courts, the bodies of local self-government, voters, other election process
subjects on the territory of the respective election district;
3) be able to
participate in advisory capacity in the meetings of the election commissions
(except the Central Election Commission) on the territory of the respective
election district;
4) have the
right to be present at the polling station during the voting process and at the
meeting of the polling election commission during the vote count while taking
into consideration the restrictions prescribed by parts three and four of
Article 33 of this Law;
5) have the
rights of an official observer from the party, stipulated by part 7 of Article
71 of this Law;
6) have other
rights prescribed by this Law for the party’s authorized agent.
16.
Restrictions established by part eight of Article 71 of this Law shall refer to
the party’s authorized agent.
Article 69.
Guarantees of Activities of Parliamentary Candidates in Election Process
1. The
parliamentary candidates, with the exception of the parliamentary candidate,
who is either President of Ukraine or member of parliament of Ukraine, shall not be refused in dismissal from professional or official duties at their place of
work and in having an unpaid leave throughout the period of pre-election
campaigning.
2. During the
election process, the parliamentary candidate cannot be dismissed from work on
the initiative of the owner of the enterprise, establishment, organization or
the body authorized by it, the commander of a military unit (group). The
parliamentary candidate cannot be moved to another place of work, be made to go
on a business trip or summoned for military service or alternative
(non-military) service, for periodical military training courses, without their
consent.
3. The
parliamentary candidate shall have the right to be present at the polling
station during the voting process, at the meeting of the polling station
election commission, as well as during the vote count, at the meeting of the
district election commission, and at the procedure of determining the vote
results and the outcome of the election in the respective territorial election
district, although taking into consideration the restrictions stipulated by
parts three and four of Article 33 of this Law; to conduct pre-election
campaigning on behalf of their own name; have rights of official observer,
stipulated by part seven of Article 71 of this Law, and other rights prescribed
by this Law for the parliamentary candidate.
4. Every
parliamentary candidate can have no more than five persons presenting the
parliamentary candidate in the respective territorial election commission. The
person presenting the parliamentary candidate in the territorial election
commission shall represent the parliamentary candidate’s interests and shall
not be an independent election process subject.
5. The person
presenting the parliamentary candidate in the territorial election district can
be a citizen of Ukraine, who has the voting right. No one from the following
can be the person presenting the parliamentary candidate: the election
commission member, officeholder of the executive power body or court, of the
Law enforcement bodies or local self-government bodies; a serviceman; a person
doing the alternative (non-military) service.
6. The
registration application of the person presenting the parliamentary candidate
in the territorial election commission, signed by the parliamentary candidate,
shall be submitted to the district election commission at any time after the
registration of the respective parliamentary candidate. The registration
application of the person presenting the parliamentary candidate shall contain:
the full name of the person presenting the parliamentary candidate (last name, first name and patronymic), the number of the territorial election district, the
citizenship of every person presenting the parliamentary candidate, day, month
and year birth of every person presenting the parliamentary candidate, post
held (occupation) of every person presenting the parliamentary candidate,
election address of every person presenting the parliamentary candidate,
telephone number of every person presenting the parliamentary candidate. The
written consent of the persons presenting the parliamentary candidate to
represent the party interests in the respective territorial election district
shall be appended to the application.
7. The district
election commission shall register the persons presenting the parliamentary
candidate in the territorial election district no later than the third day
after the arrival of the documents prescribed in part six of this Article and
grant the persons presenting the parliamentary candidate their credentials,
formatted by the Central Election Commission, in the territorial election
district.
8. Persons
presenting the parliamentary candidate shall assume their authorities on the
day of their registration by the district election commission. The authorities
of these persons shall be terminated in the cases prescribed by parts nine and
twelve of this Article or due to the completion of the election process.
9. In case the Central Election Commission overrules its decision on the registration of all the
parliamentary candidates entered in the parliamentary candidates’ election
lists from the parties in all the territorial election districts and in the
national election district, and also in case the district election commission
takes a decision on the annulment of the registration of the parliamentary
candidate entered in the party’s election list of the respective territorial
election commission, or in case the district election commission announces the
parliamentary candidate removed from balloting, the authorities of all the
persons presenting this parliamentary candidate (these parliamentary
candidates) in the respective territorial election district shall be considered
terminated from the moment such circumstances occur.
10. A person
presenting the parliamentary candidate in the territorial election district
shall have the right, at any time prior to election day, to appeal to the
district election commission with an application of terminating their authorities.
11. The
parliamentary candidate can appeal to the district election commission with an
application to revoke the person presenting them and to approve another
candidacy instead of the revoked one. This application along with the written
consent of another person to present the parliamentary candidate in the
respective territorial election district shall be submitted to the district
election commission in the manner prescribed by part six of this Article.
12. On the
grounds of the application submitted according to parts ten or eleven of this
Article and no later than the third working day after its submission, but no
later than the day of the election (on election day – immediately), the
district election commission shall make a decision on invalidating the
registration of the person presenting the parliamentary candidate in the
district election commission and in the case prescribed by part eleven of this
Article, on registering another person as the person presenting the
parliamentary candidate in the respective district election commission. The
copy of the decision shall be immediately submitted to the parliamentary
candidate at their request.
13. The
credentials of the person presenting the parliamentary candidate, whose
authorities have been terminated before the completion of election process,
shall be annulled and immediately returned to the district election commission.
14. From the
day of their registration by the district election commission until the
termination of their authorities or the completion of election process, the
person presenting the parliamentary candidate in the territorial election
district shall have the right to be dismissed from their professional or
official duties with no retention of their regular salary if so agreed with the
owner of the enterprise, establishment, organization, or the authorized body.
15. The person
presenting the parliamentary candidate in the territorial election district
shall:
1) assist the parliamentary candidate in their participation in the election process, including the
pre-election campaigning;
2) represent
the interests of the parliamentary candidate in the relationships with election
commissions within the corresponding territorial election district, executive
power bodies, courts, local self-government bodies, voters, other election
process subjects on the territory of the respective election district;
3) have the
right to be present at a regular or specialized polling election station and at
the meeting of the polling election commission of a regular or specialized
polling station at the vote count procedure, although with the restrictions
prescribed by part three of Article 33 of this Law;
4) have the
rights of an official observer from the party, as prescribed by part 7 of
Article 71 of this Law;
5) have other
rights prescribed by this Law for the person presenting the parliamentary
candidate.
16.
Restrictions established by part eight of Article 71 of this Law shall refer to
the person presenting the parliamentary candidate.
Article 70.
Official Observers
1. Official
observers from the parties that are the election process subjects can
participate in the election process. The official observer from the party shall
not be an independent election process subject.
2. Official
observers from non-governmental organizations shall make observation over the
course of the election process in the manner prescribed by this Law.
3. Official
observers from foreign countries and international organizations can observe
the course of the election process.
4. Official
observers’ authorities shall start on the day of their registration by the
corresponding election commission in the manner prescribed by this Law and
shall be terminated after the Central Election Commission has determined the outcome of the parliamentary election.
5. The
election commission, which registered the official observer, can terminate
their authorities ahead of time in case of their violation of the legislation
of Ukraine. The observer’s authorities shall be terminated ahead of time by a
motivated decision.
Article 71.
Official Observers from Parties
1. A person
having the right to vote can be an official observer from a party. No one from
the following can be an official observer from a party that is the election
process subject: an election commission member; officials of executive power
bodies or court, Law enforcement bodies or local self-government bodies; a
serviceman; a person doing the alternative (non-military) service.
2.
The district election commission shall register the official observer from the
party in the territorial election commission at the application of the
authorized person of the party in the corresponding territorial or national
election district.
3. The
application for the registration of official observers shall contain: their
full name (last name, first name, patronymic), date of birth, election address,
place of work and post held, numbers of their contact telephones. The official
observers’ written consent to be official observers from the respective party
shall be appended to the application.
4. The
application for the registration of the official observer from the party signed
by the authorized person from the party shall be submitted to the respective
district election commission no later than five days before the election day.
The ground for refusal in the registration of the official observer from the
party can only be a violation of the regulations prescribed by parts one-three
of this Article.
5. The
respective district election commission shall grant registration to the
official observers and issue credentials, formatted by the Central Election
Commission, no later than the day after the application was submitted.
6. The
official observers from the parties in a foreign election district shall be
registered by the Central Election Commission in the manner prescribed by this
Law.
7. The
official observer from the party shall have the right to:
1) be present
at the polling stations during the voting process, observe the election
commission activities from any distance, including the process of giving voters
the ballot papers as well as during the vote count, although causing no
physical hindrances with the work of the election commission members;
2) take
pictures and do the filming, make audio and video recordings, although without
violating the secrecy of ballot;
3) be present
at the process of giving out the ballot papers to the members of the polling
station election commission, including those for organizing voting outside the
voting premises and when the said voting takes place;
4) in
compliance with the requirements of this Law, be present at the meetings of
polling and district election commissions taking into consideration the
regulations prescribed by parts three and four of Article 33 of this Law,
including the process of vote count at the polling station, as well as of determining the results of the vote and the outcome of the election within the
respective election district;
5) appeal to
the corresponding election commission or court with the request of eliminating
the violations of this Law once they are detected;
6) draw up an
act about detecting the violations of this Law, signed by them and no less than
two voters testifying the fact of the violation, with the indication of their
full name (last name, first name and patronymic), their election address, and
lodge it along with the complaint to the election commission or court in the
time period envisaged by Article 109 of this Law;
7) take
necessary steps in stopping the wrongful acts during the voting process and
vote count at the polling station;
8) receive the
copies of the election result record form about the delivery of ballots, about
the vote count, about determining the voting results, and other documents in
the cases stipulated by this Law;
9) exercise
other rights stipulated by this Law for the official observers from the
parties.
8. The
official observer from the party that is the election process subject shall
have no right to:
1) make
groundless interferences with the work of the election commission, commit
wrongful acts, which violate the lawful course of the election process or
illegally prevent the members of the election commission from exercising their
authorities;
2) fill in the
voter’s ballot paper instead of the voter (even if they so request);
3) be present
in the voting booth allotted for secret voting while the voter fills in their
ballot or violate the secrecy of ballot in any other way.
9. Should the
official observer from the party violate the requirements of part eight of this
Article, the election commission shall give them a warning. In case of a repeated or grave violation of the requirements of part eight of this Article, the
election commission can deprive them of the right to be present at its meeting.
The official observer can lodge a complaint against this decision with a higher
election commission or in court as stipulated by this Law.
10. The
authorized agent from the party shall have the right to revoke the official
observer from their party, by way of appealing with a written application to
the respective district election commission (as to the official observer in a
foreign election district – to the Central Election Commission) with a request
to terminate their authorities, and to submit the documents for registering
another person as an official observer in the manner prescribed by this
Article.
11. The
official observer from the party shall have the right to appeal to the district
election commission at any time (as to the official observer in the foreign
election district – to the Central Election Commission) with a request to
terminate their authorities. On the grounds of this application, the district
election commission (as to the official observer in the foreign election
district – to the Central Election Commission) shall make a decision to annul
the registration of the official observer from the party. The copy of this
decision shall be submitted to the authorized person from the party in the
respective district.
Article 72.
Official Observers from Non-Governmental Organizations
1.
Non-governmental organizations, the statute activities of which include the
matters of the election process and its observation, and which were registered
no later than two years before the election day in the manner prescribed by the
Law, shall have the right at the permission from the Central Election
Commission to have their official observers, who observe the course of the
election process, including the voting process, the procedure of the vote count
and determination of the results of the vote and the outcome of the election at
any election district, the procedure of determining results of the vote and the
outcome of the election at the territorial election district, of determining
the outcome of the election in the national election district.
2. The
non-governmental organization, which meets the requirements indicated in part
one of this Article, can appeal to the Central Election Commission with a
request about being granted the permission to have official observers during
the election, no later than ninety days prior to election day. The following
documents shall be appended to the request signed by the head of the
non-governmental organization and certified by its seal: the notarized copy of
the non-governmental organization statute and the notarized (or certified by
the body, which issued the certificate) copy of the certificate about the state
registration of the non-governmental organization.
3. No later
than the tenth day as of the arrival of the request, the Central Election
Commission shall take a decision on granting the permission to the
non-governmental organization to have official observers or refusal in granting
this permission, and inform the non-governmental organization about it on the
next day after taking the respective decision. The refusal can only be grounded
by the violation of the requirements indicated in parts one and two of this
Article. The copy of the decision on granting the non-governmental organization
a permission to have official observers or refusing in granting such a
permission shall be given to the authorized representative of the
non-governmental organization no later than the day after this decision was made. The non-governmental organization shall have the right to appeal against the court
decision on the refusal in granting it a permission to have official
observers.
4. The Central
Election Commission shall officially publish the list of non-governmental
organizations, which have been granted a permission to have official observers
at the parliamentary election, in the newspapers “Holos Ukrayiny” and “Uryadovy
Kuryer” no later than seventy days prior to election day.
5.
Restrictions established by part one of Article 71 of this Law shall apply to
the official observers from non-governmental organizations.
6. The
official observer from the non-governmental organization shall be registered by
the district election commission (for the observation in the foreign election
district – by the Central Election Commission) at the application from the
non-governmental organization, which was granted a permission to have official
observers at the election, signed by the head of the organization and certified
by its seal.
7. The
application for the registration of official observers from the
non-governmental organization shall contain their full name (last name, first name, and patronymic), their date of birth, election addresses, place of work
and post held, numbers of their telephones. Their written consent to be official
observers from this non-governmental organization shall be appended to the
application.
8. The
application for registration of the observer from the non-governmental
organization indicated in parts six and seven of this Article shall be
submitted to the respective district election commission (as to the official observers in the foreign election district – to the Central Election
Commission) no later than five days prior to election day.
9. The
respective district election commission (as to the official observers in the
foreign election district – the Central Election Commission) shall grant the
official observers their credentials formatted by the Central Election
Commission no later than the day after the application was submitted.
10. No more
than three official observers from different non-governmental organizations
simultaneously shall have the right to be present at the meeting of the
election commission, at its final meeting and at the polling station during the
voting process. No more than ten official observers from different
non-governmental organizations simultaneously shall have the right to be
present at the meeting of the Central Election Commission. In case more official observers from non-governmental organizations have been registered, the
district election commission shall recommend that the representatives of the
non-governmental organizations co-ordinate the distribution of polling stations
among the non-governmental organizations. The Central Election Commission shall
recommend the non-governmental organizations to agree on the list of the
observers from non-governmental organizations, who will be present at the
respective meeting of the Central Election Commission.
11. The
official observer from the non-governmental organization shall have the right
to:
1) be present
at the polling stations during the voting process, observe the activities of
the election commission members from any distance, including the process of
giving voters the ballot papers and during the vote count, although causing no
physical hindrances with the work of the election commission members;
2) take
pictures and do the filming, make audio and video recordings, without violating
the secrecy of ballot;
3) be present
at the process of giving out the ballots to the members of the polling election
commission, including those for organizing voting outside the voting premises
and when the said voting takes place;
4) in
compliance with the requirements of this Law, be present at the meetings of
polling station election commissions within the respective election district,
meetings of the respective district election commission and the Central
Election Commission, taking into consideration the regulations prescribed by
parts ten of this Article, parts two through four of Article 33 of this Law,
including the process of vote count at any polling station within the
respective election district, as well as at determining the results of the vote
in the respective election district, determining the outcome of the election in
the territorial election district, determining the outcome of the election in
the national election district;
5) receive the
copies of the election result record form about the delivery of ballots, about
the vote count, and about determining the results of the vote and other
documents in the cases stipulated by this Law.
12. The
official observer from the non-governmental organization shall keep to the
restrictions stipulated by part eight of Article 71 of this Law.
13. The
official observer from the non-governmental organization shall not be an
election process subject and shall not have rights of the election process
subject.
14. In case the official observer from the non-governmental organization makes a repeated or grave
violation of the requirements of part twelve of this Article, the polling
election commission can by its decision deprive them of the right to be present
at its meeting. The official observer from the non-governmental organization
can appeal against this decision in the election commission of a higher level
or in court as stipulated by this Law.
15. The
non-governmental organization shall have the right to revoke the official
observer, by way of appealing with a written application, signed by its head
and certified by its seal, to the respective district election commission (as to the official observer in the foreign election district – to the Central Election
Commission) with the request to terminate their authorities, and to submit the
documents for registering another person as an official observer from the
non-governmental organization in the manner prescribed by this Article.
16. The
official observer from the non-governmental organization shall have the right
to appeal to the district election commission (as to the official poll watcher
in the foreign election district – to the Central Election Commission) with the
application about terminating their powers. On the grounds of this application,
the election commission shall make a decision on annulling the registration of
the official observer from the non-governmental organization. The copy of this
decision shall be submitted to the non-governmental organization.
Article 73.
Official Observers from Foreign States, International Organizations
1. Official
observers from foreign states and international organizations shall be
registered by the Central Election Commission. Suggestions as to the registration of official observers shall be submitted either directly by foreign
states and international organizations, or through the Ministry of Foreign
Affairs of Ukraine to the Central Election Commission no later than ten days
prior to election day.
2. The Central
Election Commission shall make a decision on the registration of foreign
official observers from foreign states and international organizations no later
than five days prior to election day.
3. Citizens of
Ukraine cannot be registered as official observers from foreign states and
international organizations. Citizens of Ukraine, foreigners or persons without
a citizenship with a good command of Ukrainian can accompany the registered
official observers from foreign states and international organizations on the
territory of polling stations and at the meetings of election commissions
exclusively with the purpose of translating.
4. The Central
Election Commission shall grant the official observers from foreign states and
international organizations with the credentials in accordance with the
established form.
5. The
official observers from foreign states and international organizations shall
exercise their authorities on the territory of Ukraine and at foreign polling
stations.
6. The
official poll watcher from foreign states and international organizations shall
have the right to:
1) attend the
parliamentary candidates’ meetings, the meetings of the persons presenting
them, the meetings of the authorized persons from the party with the voters, be
present at the pre-election meetings, rallies, and the meetings of the election
commissions;
2) familiarize
themselves with the campaigning materials;
3) be present
at the polling stations during the voting process, at the meetings of the
polling election commissions during the vote count, and of the district
election commissions during the process of determining the outcome of the
election in the territorial election district;
4) take
pictures and do the filming, make audio and video recordings, without violating
the secrecy of ballot;
5) publicly
express their suggestions as to organizing and holding the election as well as improving the legislation of Ukraine in view of using the international experience,
hold press conferences in accordance with Ukraine’s legislation requirements;
6) in
compliance with the Central Election Commission, form together with other
observers from foreign states and international organizations temporary groups
of official observers for the coordination of their activities within the
authorities prescribed by this Law.
7. The
official observers from foreign states and international organizations shall
make observation independently and on their own.
8. The
Ministry of Foreign Affairs of Ukraine, other bodies of executive power, local
self-government bodies and election commissions shall assist the official
observers from foreign states and international organizations in exercising
their authorities.
9. Material
and financial support of the activities of the official observers from foreign
states and international organizations shall be provided either at the expense
of the funds of the states or organizations, that dispatched them to Ukraine, or at these observers’ own expense.
10. The
official observers from foreign states and international organizations shall
have no right to interfere with the work of the election commission, commit
wrongful acts, which violate the Lawful course of the election process or
illegally prevent the members of the election commission from exercising their
authorities; fill in the voters’ ballot papers instead of them (even if they so
request); or violate the secrecy of ballot in any other way and use their
status in the activities not related to observing the course of the election
process. These restrictions prescribed by part three of this Article apply to
the people accompanying the official observers at the time of their direct work
with the official observer from a foreign state or international organization.
Chapter X. Voting and Establishing
Outcome
of Parliamentary
Election
Article 74.
Election Ballot
1. Voting at
the parliamentary election shall be performed by means of election ballots at
the parliamentary election of Ukraine (further on – election ballot).
2. The format
and text of the election ballot for voting in the territorial election district
and the format and text of the ballot for voting in the foreign election district
shall be approved by the Central Election Commission no later than thirty days
prior to election day. The election ballot protection degree shall be
established by the Central Election Commission.
3. Election
ballots for voting in the territorial election district shall be of the same
size, color and content.
4. Election
ballots for voting in the foreign election district shall be of the same size,
color and content.
5. The
election ballot for voting in the territorial election districts shall contain:
1) the name
and the parliamentary election date;
2) the number
of the territorial election district;
3) the number
of the polling station;
4) indication
of the place for the seal of the polling election commission, the last name and signature of the polling election commission member, who will issue the election
ballot;
5)
explanations as to filling in the election ballot by the voter during the
voting process, which shall take no less than twenty five per cent of the total
size of the election ballot;
6) the space
for the voter to enter the ordinal number of the parliamentary candidate the
voter casts their vote for in the complete parliamentary candidates’ list in
the territorial election, which presents one-lined squares in each of which one
figure of the respective one-digit or multi-digit number, corresponding to the
ordinal number of the parliamentary candidate in the complete parliamentary
candidates’ list in the territorial election district, can be entered.
6. The
election ballot in the foreign election districts shall contain:
1) the name
and the parliamentary election date;
2) the
indication of the foreign election district;
3) the number
of the foreign polling station;
4)
explanations as to filling in the election ballot by the voter during the
voting process, which shall take no less than twenty five per cent of the total
election ballot size;
5) the space
for the voter to enter the ordinal number of the party for the parliamentary
candidates’ election list the voter casts their vote for, which presents
one-lined squares in each of which one figure of the respective one-digit or
multiple-digit number corresponding to the ordinal number of the party
established in the order determined by part seven of this Article.
7. The ordinal
numbers of the parties that are the election process subjects, which are
entered by the voters in the election ballots for voting in the foreign
election district, shall be defined by way of drawing lots, which shall be held
by the Central Election Commission with the participation of the party
representatives in the Central Election Commission, after completing the
registration of the parliamentary candidates from the parties in all the
territorial election districts before the election ballot format and content
have been approved in the foreign election district. The complete list of
parties with the indication of their full names, and their ordinal numbers
defined by drawing lots, shall be approved by the decision of the Central
Election Commission, which shall be made on the day of drawing lots as indicated in this part, and published in the national mass media no later than the third day
after its adoption. Introduction of amendments into the complete parties’ list
may only happen in case the Central Election Commission overrules its decision
on the registration of all the parliamentary candidates entered in the lists of
parties in all the territorial election districts and in the election list of
the parliamentary candidates from the party in the national election district.
The Central Election Commission shall make decisions on introducing amendments
in the complete list of the parties simultaneously with the decision on
nullifying the registration of all the parliamentary candidates entered in the
election party lists in the territorial election districts and in the election
party list of the parliamentary candidates in the national election district.
In this case, the ordinal numbers of the parties, which were defined by way of
drawing lots, the parliamentary candidates’ registration of which have not been
nullified in the national election district and in all the territorial election
districts, shall not be changed.
8. The text of
the election ballot shall be written in the state language and placed only on
one side of one page.
9. The
election ballot shall have a control coupon, separated from the ballot by the
separation line. The control coupon shall contain the name and the date of the
election, the number of the territorial election district (indication of the
foreign election district), the number of the polling station, as well as the indication of designated space for the number, at which the voter was entered in the voter list at the polling station, the signature of the voter, who receives
the election ballot, the last name and the signature of the polling election
commission member, who will issue the election ballot.
10. The
election ballot is a document of strict accountability. The Central Election
Commission, district election commissions, State Voter Register maintenance
bodies, polling station election commissions shall keep accurate record of the
received and issued election ballots in compliance with the requirements of
this Law. The documentation, which shall ensure keeping exact record of election
ballots, shall be delivered by the publishing companies, district election
commissions, State Voter Register maintenance bodies, polling station election
commissions to the Central Election Commission. After the Central Election
Commission officially publicizes the outcome of the election, it shall ensure
the delivery of the recorded information for the maintenance of the respective
archive institutions.
11. The number
of election ballots for every polling station shall exceed the number of voters
at the respective election district by two per cent, which shall be defined on
the grounds of the State Voter Register data base.
Article 75.
The Order (Procedure) of Producing Ballots
1. The Central
Election Commission shall provide for printing election ballots in the
centralized order by the state-owned printery or several state-owned printeries
according to the contract concluded by the Central Election Commission with the
printery (printeries) no later than twelve days prior to election day.
2.
The printing manufacturer shall ensure strict adherence to the number of
printed ballots ordered, while keeping exact record and delivering them to the
customer in the order prescribed by the Central Election Commission.
3. All the
technical waste, printing spoilage as well as printing forms shall be destroyed
in the manner and within the time period established in the agreement on
producing election ballots.
4. At the
application of the parties that are the election process subjects, no later
than the day of approving the election ballot format correspondingly for voting
in the territorial election district and the election ballot format for voting
in the foreign election district, the Central Election Commission shall form a
special auditing commission for exercising control over producing election
ballots at the printing enterprise, to ensure adherence to the requirements as to destroying printing forms, technical waste and printing spoilage at each of the printing
manufacturers.
5. The
printing enterprise shall deliver printed election ballots to the Central
Election Commission in the package of the enterprise by virtue of the
acceptance-delivery act in the manner prescribed by the Central Election
Commission. The ballot acceptance-delivery acts together with the indication of
the number of the received ballots shall be publicized no later than the day
after each of the acts has been signed at the official website of the Central
Election Commission. By virtue of acceptance-delivery acts on the number of the
election ballots printed for each election district, the compiled information
shall be publicized no later than two days prior to election day.
6. Persons
guilty of illegally damaging election ballots shall compensate for the losses
suffered in the manner prescribed by the Law.
Article 76.
Order of Submitting Election Ballots to Election Commissions
1. The
district election commission shall receive the election ballots for voting in
the territorial election district from the authorized member of the Central
Election Commission or the Central Election Commission secretariat
representative, authorized by the Central Election Commission decision at its
meeting no later than ten days prior to election day. The district election
commission shall draw up the election ballot acceptance-delivery act in
triplicate, in the format and manner stipulated by Article 34 of this Law. The
copies of the election ballot acceptance-delivery act shall be numbered, and
they shall have equal legal validity. All the copies of the election ballot
acceptance-delivery act shall be signed, by the authorized member or the
Central Election Commission secretariat representative by virtue of the
authorized decision of the Central Election Commission, who shall perform the
delivery of the ballots to the district election commission, as well as by the members of this commission present at the meeting of the district election
commission, whose signatures shall be certified by the seal of the district
election commission. Likewise, the parliamentary candidates present at the
meeting of the district election commission, their authorized persons, the
authorized persons from the party in the respective territorial election
district, official observers shall have the right to sign up each of the copies
of the acceptance-delivery act. The first copy of the election ballot
acceptance-delivery act shall be submitted to the Central Election Commission,
the second shall be kept in the district election commission, and the third
shall be immediately put up in the premises of the district election commission
for the people to familiarize themselves with.
2. The
district election commission shall be in charge of protecting the election
ballots received from the Central Election Commission for voting in the
territorial election district. The election ballots shall be kept in the
premises of the district election commission in the safe (metal box or a
specially allotted room), which shall be sealed with a special tape with the
signatures of all those present at the commission meeting and certified with
the seals of the commission. The safe (metal box or a specially allotted room)
shall be under close and constant guard (protection) of the representative of
the Interior Ministry of Ukraine (until the moment of submitting the ballots to
the head of the State Voter Register maintenance body or the person(s) working
for the State Voter Register maintenance body authorized by the written order
of the head of the State Voter Register maintenance body).
3. The district
election commission shall hand the election ballots for voting in the
territorial election district over to the head of the respective State Voter
Register maintenance body or the person(s) working for the State Voter Register
maintenance body, authorized by the written order of the head of the State
Voter Register maintenance body, in the time period no earlier than seven days
prior to election day but no later than six days prior to election day.
4. The head of
the State Voter Register maintenance body or the person(s) working for the
State Voter Register maintenance body, authorized by the written order of the
head of the State Voter Register maintenance body, shall be given all the
election ballots for voting with the indication of the numbers of the polling
stations formed on the territory of the district, respective city, or
respective area in the city within the respective territorial election
district.
5. The
district election commission shall draw up a record form on handing the ballots
over to the head of the State Voter Register maintenance body or the person(s)
working for the State Voter Register maintenance body authorized by the written
order of the head of the State Voter Register maintenance body, in the manner
and format stipulated by part eight of Article 34 of this Law. The record form
shall indicate:
1) the number
of the territorial election district;
2) the number
of the election ballots received by the district election commission;
3) the number
of each polling station the election ballots for which are handed over to the
respective head of the respective State Voter Register maintenance body or the
person(s) working for the State Voter Register maintenance body authorized by
the written order of the head of the State Voter Register maintenance body;
4) the number
of voters at each polling station in accordance with the complete updated voter
list for each polling station;
5) the number
of election ballots for voting handed over to the head of the State Voter
Register maintenance body or the person(s) working for the State Voter Register
maintenance body, authorized by the written order of the head of the State
Voter Register maintenance body;
6) the full
name (last name, the first name and patronymic) as well as the signature of the
head of the State Voter Register maintenance body or the person(s) working for
the State Voter Register maintenance body authorized by the written order of
the head of the State Voter Register maintenance body, who received the
election ballots for voting;
7) the full
names (last name, the first name and patronymic) of the district election
commission members present at the respective district election commission
meeting, the commission members’ signatures certified by the seal of the
district election commission.
6. The number
of the record form copies on handing the election ballots over to the head of
the State Voter Register maintenance body or the person(s) working for the
State Voter Register maintenance body, authorized by the written order of the
head of the State Voter Register maintenance body, shall exceed the number of
people, entering the district election commission, by three copies. The record
form copies shall be numbered, and they shall have equal legal validity. The
first record form copy shall be sent to the Central Election Commission, the
second shall be kept in the district election commission, and the third shall
be immediately put up in the premises of the district election commission for
public review. All of the remaining record form copies shall be given to the
district election members (one copy per person).
7. The record
form extract in the format established by the Central Election Commission with
the information regarding every polling station formed on the territory of the respective
district, city, or the respective area in the city in the respective
territorial election district together with the election ballots for voting,
and certified by the seal of the district election commission, shall be
submitted to the head of the respective State Voter Register maintenance body
or the person(s) working for the State Voter Register maintenance body,
authorized by the written order of the head of the State Voter Register
maintenance body, who received the ballots, along with the signatures of the
district election commission chairperson and secretary, the head of the
respective State Voter Register maintenance body or the person(s) working for
the State Voter Register maintenance body, authorized by the written order of
the head of the State Voter Register maintenance body.
8. The
parliamentary candidate entered in the parliamentary candidates’ list in the
respective territorial election district, the person presenting the candidate,
the authorized person from the party, and the official observer, who were
present at the moment of handing over the ballots in the territorial election
district, shall have the right at their request to receive immediately the
copies of the acceptance-delivery acts as indicated in part one of this Article
as well as the copies of the record form indicated in part five of this
Article, which have been authenticated on each page by the chairperson and
secretary of the district election commission and certified by the seal of the
commission, no more than one copy of the acceptance-delivery act, one copy of
the record form indicated in part five of this Article for each party that is
the election process subject and for every candidate.
9. The head of
the respective State Voter Register maintenance body or the person(s) working
for the State Voter Register maintenance body, authorized by the written order
of the head of the State Voter Register maintenance body, shall transport the
received election ballots for voting in the territorial election district to the
premises of the State Voter Register maintenance body under escort of the
representative of the Interior Ministry of Ukraine, who is in charge of
guarding.
10. The head
of the respective State Voter Register maintenance body shall ensure safe
custody of the election ballots received from the district election commission.
The election ballots for voting in the territorial election commission shall be
kept on the premises of the respective State Voter Register maintenance body in
the safe (metal box or a specially allotted room), which shall be sealed with a
special tape with the signature of the head of the respective State Voter
Register maintenance body and the seal of this body. The safe (metal box or a
specially allotted room) shall be under close and constant protection of the
representative of the Interior Ministry of Ukraine (until the moment of
submitting the election ballots to the polling station election commissions).
11. The head
of the State Voter Register maintenance body shall hand the election ballots
along with the copies of the complete and updated voter lists of the respective
election districts, indicated in part seven of Article 40 of this Law and in
part twelve of Article 41 of this Law, over to the polling station election
commissions, formed on the territory of the respective district, respective
city, or respective area of the city within the respective election district,
in the time period no earlier than seven days prior to election day but no
later than five days prior to election day. The election ballots shall be
received by no less than three members of every respective polling election
station, entered in the polling station election commission at the application
of three different subjects of presenting candidatures to the staff of the
polling station election commission, except for the case when less than three
candidates for the polling station commission membership were submitted for the
corresponding polling station commission by the subjects that apply to submit
their candidates. One of the three respective members of the polling station
election commission shall be its chairperson, but if it is impossible - deputy
chairperson or the secretary of the commission.
12.
Parliamentary candidates, persons presenting the candidates, authorized persons
from the party in the respective territorial election district, official
observers shall have the right to be present (without permission or invitation
of the head of the State Voter Register maintenance body) at the procedure of handing
the election ballots from the head of the State Voter Register maintenance body
over to the respective polling station election commissions. The number of
people as indicated in part twelve of this Article, who are to be present at
the procedure of handing the ballots from the head of the State Voter Register
maintenance body over to the respective polling station election commissions,
shall be defined by part three of Article 33 of this Law.
13. All the
election ballots for voting in the territorial election district, which have
the indicated number of the respective polling station, shall be handed over to
the polling station election commission.
14. The ballot
acceptance-delivery act in a set of four copies as established by part eight of
Article 34 of this Law shall be drawn up about handing the election ballots for
voting in the territorial election district by the head of the State Voter
Register maintenance body over to the respective polling station election
commission. This act shall indicate:
1) the number
of the territorial election district;
2) the
complete name of the State Voter Register maintenance body;
3) the number
of election ballots received from the district election commission by the head
of the State Voter Register maintenance body or the person(s) working for the
State Voter Register maintenance body, authorized by the written order of the
head of the State Voter Register maintenance body;
4) the number
of each polling station, the members of which have been given election ballots;
5) the number
of voters at the polling station according to the complete and updated voter
list of this polling station;
6) the number
of election ballots for voting handed over to the polling station;
7) the full
name (last name, first name and patronymic) of the head of the State Voter
Register maintenance body, who handed over the election ballots, the signature
of the head of the State Voter Register maintenance body, certified by the seal
of the State Voter Register maintenance body;
8) the full name
(last name, first name and patronymic) of the polling station election
commission members, who received the ballots, the signatures of the polling
election commission members, who received the ballots.
15. All of the
copies of the ballot acceptance-delivery act indicated in part fourteen of this
Article shall be numbered and shall have equal legal validity. Parliamentary
candidates, persons presenting the candidates, authorized persons from the
party in the respective polling station election commission, official
observers, who are present at the procedure of handing the ballots over to the
corresponding polling station election commission shall have the right to sign
every copy of the election ballot acceptance-delivery act. The first copy of
the acceptance-delivery act shall be submitted to the district election
commission, the second shall be kept in the State Voter Register maintenance
body, the third copy along with the election ballots for voting in the
territorial election district shall be handed over to the respective polling
station election commission members, the fourth shall be immediately put up on
the premises of the State Voter Register maintenance body for public
review.
16. The
polling election commission members shall transport the received election
ballots for voting in the territorial election district to the premises of the
respective territorial election district under escort of the representative of
the Interior Ministry of Ukraine, who shall be in charge of guarding.
17. The
polling station election commission shall receive the election ballots for
voting in the territorial election district at the meeting of the polling
station election commission immediately after the arrival of the election
commission members, who have received the ballots. The commission secretary
shall put the polling station election commission seal at the designated spaces
of each ballot. Another polling election commission member appointed by its
decision shall count the received election ballots verifying the correspondence
of the numbers of the territorial election district and the polling station,
indicated at the ballots, to the polling station, which received the election
ballots.
18. While the
appointed election commission member counts aloud the election ballots for
voting in the territorial election district, the other commission members shall
watch the process of counting. During the procedure of counting the election
ballots, it is prohibited to divide the commission into several groups, each of
which does the counting of a part of ballots.
19. In case of revealing the discrepancy between the counted number of the election ballots for voting
in the territorial election district, which is indicated in the
acceptance-delivery act from the State Voter Register maintenance body, and the
corresponding polling election commission, the polling election commission
shall draw up the act in duplicate on the difference, with the indication of
the discrepancy cause established by the polling station election commission.
This act shall be formatted in the order stipulated by part eight Article 34 of
this Law. One copy shall be handed over to the respective State Voter Register
maintenance body, and the other shall be kept in the polling station election
commission. In case the indicated discrepancies have been revealed, the number
of the election ballots for voting in the territorial election district shall
be established at the meeting of the polling station election commission and
stated in the act on discrepancies and in the minutes of the meeting.
20. The
election ballots shall be kept on the premises of the polling station election
commission in the safe (metal box), which shall be sealed with a special tape
with the signatures of all those present at the polling station election
commission meeting and certified by the election commission seal. The safe
shall be under close and constant guard of the representative of the Interior
Ministry of Ukraine (until the beginning of the preparatory commission meeting
envisaged by part three of Article 78 of this Law).
21. The
election ballots for voting in the foreign election district shall be submitted
by the Central Election Commission directly to the Ministry of Foreign Affairs
of Ukraine in the time period no earlier than seven days prior to election day
but no later than six days prior to election day. The procedure of handing the
election ballots for voting in the foreign election district by the Central
Election Commission over to the Ministry of Foreign Affairs of Ukraine, of
transporting the election ballots for voting in the foreign election district
to the Ministry of Foreign Affairs of Ukraine, of handing the election ballots
for voting in the foreign election district from the Ministry of Foreign Affairs
of Ukraine over to the polling election commissions, of accepting,
re-calculating and keeping the ballots for voting in the foreign election
district by the polling station election commission of the foreign election
district shall be followed in the order and in the time period established by
parts three – twenty of this Article, although taking into account the
specifics stipulated by parts twenty two and twenty three of this Article.
22. During the
procedure of handing over the election ballots in the foreign election
district, the record form indicated in part five of this Article shall be drawn
up in duplicate, one of the copies shall be kept in the Central Election
Commission, while the second one together with the record form extracts for
every foreign election district shall be handed over to the Ministry of Foreign
Affairs of Ukraine. This record form shall indicate the foreign election
district number instead of the territorial election commission number. The
parties’ representatives in the Central Election Commission, the authorized
persons from the party in the national election district, official observers,
who are present at the procedure of handing the ballots over to the Ministry of
Foreign Affairs of Ukraine, shall have the right to immediately receive at
their request no more than one copy of the corresponding record form for every
party that is the election process subject.
23. The number
of authorized persons from the party in the national election district and
official observers, who have the right to be present at the procedure of
handing the ballots for voting in the foreign election district by the Ministry
of Foreign Affairs of Ukraine over to the respective election commissions,
shall be defined by part four Article 33 of this Law. The acceptance-delivery
act of the election ballots for voting in the foreign election district, which
is defined in part fourteen of this Law, shall have the indication of the
foreign election district instead of the territorial election district number.
The authorized persons from the party in the national election district and
official observers, who are present at the procedure of handing the ballots
over to the respective election commissions of the foreign polling stations
shall have the right to sign the acceptance-delivery ballot act as indicated in part fourteen of this Article.
Article 77.
Premises for Voting
1. Voting is
to be held in specially allocated premises equipped with voting booths for
secret voting, stands for putting up the complete parliamentary candidates’
list in the territorial election district as well as designated places for
issuing election ballots and for the location of voting boxes. Every polling
station shall have one room for voting. The polling station election commission
shall be responsible for equipping the polling station premises.
2. The
executive bodies of village, settlement, city (in the cities with no district
councils), district councils in the cities or bodies (officials), who exercise
their authorities in accordance with the Law, shall provide the polling
stations with the necessary and adequate premises for voting in accordance with
the requirements of this Law and the regulations established by the Central
Election Commission, and ensure technical assistance in equipping them.
3. The
premises for voting for a small polling station shall have the area of no less
than 50 square meters, for an average polling station – no less than 75 square
meters, for a big polling station – no less than 90 square meters. In case the premises with the adequate area are unavailable, the district election commission can
give permission to use a lesser area for voting at the polling station, but no
less than fifty per cent of the area size stipulated by this Law.
4. The voting
premises shall be equipped with the sufficient number of voting booths for
secret voting. For small polling stations the number of such booths shall be no
less than two, for average polling stations – no less than four, for big
polling stations – no less than six. The placement of the equipment shall be
arranged so that the places for issuing election ballots, entrance and exit of
the booths for secret voting, and voting boxes should be within the field of
vision of the polling station election commission members and all those, who
have the right to be present in the voting premises under this Law.
5. The
premises for voting at the special election station shall have free access for
the election commission members, candidates, authorized persons of the party,
persons presenting candidates, official observers and mass media
representatives. The heads of the institutions and establishments, commanders
of the military units (groups), where such polling stations have been formed,
are obliged to provide unrestricted access to the premises for voting of the
election commission members, voters entered into the complete and updated voter
list of this polling station, candidates, persons presenting candidates,
authorized persons from the party, official observers and mass media representatives.
6. Every
polling station shall be provided with the sufficient amount of voting boxes –
both stationary (big) and portable (small). The voting boxes shall be made from
transparent material and sized as established by the Central Election
Commission. Every of the voting boxes shall have its own number, which shall be
written on this box. The small poling station shall have no less than two
stationary voting boxes, the average one – no less than three stationary voting
boxes, the big one – no less than four stationary voting boxes. Every polling
station shall have no less than two portable voting boxes. Stationary voting
boxes shall be placed on the voting premises for the voters to walk through the
booths (rooms) for secret voting. The order of making, registering and keeping
the voting boxes shall be established by the Central Election Commission.
7. Every
polling station shall be provided with the sufficient amount of stands for the placement
of complete candidates’ list copies in the territorial election district. The
amount of these stands shall be no less than the amount of the booths for
secret voting, established in the voting room. The stands shall be sized as established by the Central Election Commission, and in the way that makes it impossible to
bring about their unlawful destruction, deletion or introduction of amendments
to the complete candidates’ list copies in the territorial election district,
which are placed on such stands as prescribed by part eight Article 78 of this
Law.
8. In the
voting premises or directly in front of it, it is mandatory that the polling
station election commission place posters, which give explanations on the order
of voting and responsibility for the violation of the legislation on the
parliamentary elections.
Article 78.
Preparation for Voting
1. The State
Voter Register maintenance body shall inform the voters entered in the voter
list at the respective polling station by the personal notices, which shall be
sent on the basis of, in the order and in the time period established by part
two, fourteen and twenty Article 39 of this Law.
2. On the last day prior to the election, the polling station election commission at its meeting shall
distribute the responsibilities among its members (except for the chairperson
and the secretary of the commission) as to:
1)
establishing the voter identity and their presence in the voter list;
2) giving the
voter their ballot for voting;
3) supervising
the voters as they get through to the booths for secret voting;
4) supervising
the voting boxes;
5) organizing
the process of voting at the place of residence (stay);
6) supervising
the process of entering and exiting the voting premises.
3. The polling
station election commission shall hold a preparatory meeting on the day of the
election, no earlier than sixty minutes prior to the beginning of the election.
At the beginning of the meeting, all those present shall examine (inspect) the
tape sealing the safe (metal box) for keeping the ballot papers.
4. In case of detecting the damage of the tape or discrepancy between the signatures or seals and the
signatures or seals indicated in part twenty Article 76 of this Law while
examining (inspecting) the tape sealing the safe (metal box) for keeping the ballot
papers, the polling station election commission chairperson shall immediately
inform the representatives of the Interior Ministry of Ukraine and the district
election commission about this fact. After this, the commission chairperson
shall immediately open the safe (metal box) and take all the available election
ballots out of it. The polling station election commission members inspect the
election ballot for voting, verifying particularly the correspondence of the
district numbers to the polling station, the availability of the seal
impression of this polling station election commission; after that they shall
count the ballots. The polling station election commission shall draw up an act
on the detected evidences of opening the safe (metal box) and (or) on the
discrepancy of the number of the election ballots. The indicated act shall be
drawn up in the format and order prescribed by part eight of Article 34 of this
Law. The number of the election ballots revealed in the safe (metal box) shall
be registered in the minutes of the election commission meeting. In this case, the established number is considered to be the number of the election ballots received by
the polling station election commission. The election commission secretary
shall make an entry about the number of the election ballots into the minutes
of the polling station election commission on the count of votes at the polling
station, and shall also be recorded in the commission meeting minutes.
5. The polling
station election commission chairperson shall provide all the available voting
boxes at the polling station for the (examination) inspection (one by one) for
the present parliamentary candidates, persons presenting the candidates,
authorized persons from the party in the respective election district, official
observers, mass media representatives, while announcing the number of every
box. After every voting box has been examined (inspected), it shall be sealed
or if it is impossible, closed with the polling station election commission
seal, after which the control act shall be put into the voting box with the
indication of the territorial election district number (the indication of the
foreign election district), the number of the polling station, the number of
the voting box, the time of dropping the control act into the voting box, the
signatures of all the present polling station election commission members, and
of the parliamentary candidates or the persons presenting them, authorized
persons from the party, official observers, at their desire. The signatures
shall be certified with the election commission seal. After dropping the
control sheet into the voting box, the election commission chairperson shall
make the next voting box available for the inspection, repeating the same procedure.
Portable (small) voting boxes shall be placed on the voting premises, with
their slots for putting in the ballot papers downwards, in the field of vision
of the election commission members and other members present in the voting
premises in the course of voting in accordance with the requirements of this
Law.
6. All the
actions prescribed by part five of this Article performed, the chairperson of
the regular or specialized polling station election commission shall make
copies of the complete parliamentary candidates’ list in the territorial
election district, on the grounds of the complete list of the parliamentary
candidates from parties in the respective territorial election district,
approved by the district election commission, and taking into account all the
changes introduced by the district election commission into this complete
parliamentary candidates’ list in the territorial election district in the
order prescribed by Article 60 of this Law; whereas the chairperson of the
foreign polling station election commission shall make the copies of the
complete list of the parties on the grounds of the complete list of the parties
approved by the Central Election Commission and taking into account all the
changes introduced into this list by the Central Election Commission in the
order prescribed by Article 74 of this Law. The copies of the complete
parliamentary candidates’ list in the territorial election district (while in
the foreign election district – the copies of the complete list of the parties)
shall be made in the amount exceeding the number of booths (rooms) for secret
voting in the voting room by fifteen multiplied by five. Every copy of the
complete parliamentary candidates’ list in the territorial election district
shall contain the information envisaged by part four of Article 60 of this Law.
Every copy of the complete list of the parties shall contain the information
envisaged by part seven of Article 74 of this Law.
7. All the
actions prescribed by part six of this Article performed, every copy of the
complete parliamentary candidates’ list in the territorial election district
(for the foreign election district – every copy of the complete list of the
parties) shall be signed by the polling station election commission members present,
and by the parliamentary candidates, persons presenting the candidates, the
authorized persons from the parties, official observers at their wish, and
certified by the election commission seal.
8. All the
actions prescribed by part seven of this Article performed, the polling station
election commission chairperson shall place a copy of the complete
parliamentary candidates’ list in the territorial election district (for the
foreign election district – a copy of the complete list of the parties) on every
stand in every booth (room) for secret voting. The remaining copies of the
complete parliamentary candidates’ lists in the territorial election district
(for the foreign election district – the remaining copies of the complete list
of the parties), which have not been placed on the stands in the booths (rooms)
for secret voting, shall be kept by the polling station election chairperson
until the end of the election. It is prohibited to hand the copies of the
complete parliamentary candidates’ lists in the territorial election district
(for the foreign election district – copies of the complete list of the
parties) over to any people, except for the polling station election commission
members, who receive the copies of the complete parliamentary candidates’ list
in the respective territorial election district (copies of the complete list of
the parties) in the amount, order and on the grounds envisaged by part eleven
of Article 80 of this Law.
9. All the
actions envisaged by part eight of this Article performed, the voting premises
are considered to be ready for holding the election.
10. The
polling station election commission chairperson shall open the safe (metal box)
with the election ballots for voting and on the grounds of the acceptance-delivery
act from the State Voter Register maintenance body to the polling station
election commission, envisaged by part fourteen of Article 76 of this Law, or
on the grounds of the act on discrepancy indicated in part nineteen of Article
76 of this Law, and announce the amount of the election ballots for voting
received by the polling station election commission. This amount shall be
introduced into the record form of the polling station election commission on
the vote count at the polling station, and recorded in the minutes of the
commission meeting.
11. The
polling station election commission chairperson shall hand the necessary amount
of the ballots over to the polling station election commission members, who
shall give the election ballot to the voters in the voting premises and
organize the voting process at the voters’ place of residence (stay). The
procedure of handing over the election ballots shall be recorded in a special
register formatted by the Central Election Commission. The indicated commission
members shall certify receiving the ballot papers by way of putting their
signatures in the register and guarantee observing and maintaining the order of
giving the election ballot to the voters as established by this Law. No
election ballots shall be left in the safe.
12. The
polling station election commission chairperson shall give the sheets of the
voter list to the polling station election commission members, authorized to
work with the voter list on election day. The respective commission members shall
guarantee observing and maintaining the order of using them as established by this Law.
13. Prior to
the beginning of the election, the polling station election commission shall
inform the district election commission on:
1) the number
of voters entered in the complete voter list for the respective election
district;
2) the number
of voters from the voter list extract for voting at the place of residence
(stay).
14. The
district election commission shall hand the indicated information on the
territorial election district over to the Central Election Commission through
the automated information analytical system and telegraph (teletype) no later
than 12 pm on the election day. Immediately after receiving the indicated
information, the Central Election Commission shall publicize it on its official
website, and publish it in the printed mass media on the next day after
receiving it.
Article 79.
Organization and Order of Voting
1. Voting
shall be held on the election day from seven am till eight pm without a break.
At the foreign election districts voting shall be held according to the local
time of the country, on whose territory the respective foreign polling stations
have been formed.
2. The polling
station election commission shall be entrusted with the organization,
maintenance of appropriate order in the voting premises, and ensuring the
secrecy of voting (voters’ expression of will). In case of the disturbances
liable to criminal responsibility, the polling station election commission
chairperson or their deputy shall have the right to summon into the room the
representative of the Interior Ministry, who will lead the offender out of the
voting premises and apply to him measures of restriction, envisaged by the
legislation, after which the representative of the Interior Ministry shall
leave the voting room. In other cases the presence of the representative of the
Interior Ministry in the voting room shall be prohibited.
3. While
holding the election at the polling station, two members of the polling station
election commission enable the voter to vote: one member of the polling station
election commission shall give the voter a sample of the information brochure
about the parliamentary candidates as well as the list for putting their
signature, provided that the voter produces one of the documents indicated in
part five of Article 2 of this Law and the voter’s name is available in the
complete voter list at the respective election district; the other member of
the polling station election commission shall enter their name and sign the
election ballot at the space provided and at the control coupon of the ballot
paper, write the number, at which the voter is registered in the voter list of
the polling station, in the space provided, at the control coupon. The voter
puts their signature in the voter list for receiving the election ballot and in
the space provided at the control coupon of the ballot paper. After this the
election commission member shall separate the control coupon from the ballot
paper, give the voter the election ballot for voting and explain the voter the
order of voting. The control coupon of the ballot paper shall be kept with the
commission member, who issued the election ballot. It is prohibited to make any
other marks on the election ballot.
4. The voter
can stay in the voting premises only during the time necessary for voting.
5. The voter
shall fill in the election ballot personally in the booth for secret voting.
The presence of other people in the booth for secret voting at the time of
voting is prohibited. Handicapped voters, who are restricted in their movements
and cannot fill in the ballot papers independently, shall have the right, with
consent of the chairperson or another member of the polling station election
commission, to resort to the help of another voter, except for a member of the
polling station election commission, parliamentary candidate, the person
presenting the candidate, the authorized person from the party, official
observer.
6. Provided
there are no voters in the booth (room) for secret voting, the election
commission member shall have the right to enter the booth (room) for secret
voting and check the availability and wholeness of the copy of the complete
parliamentary candidates’ list of the respective territorial election district
(for the foreign polling station – the copy of the complete list of the
parties), which is placed on the stand in the booth (room) for secret voting.
In case the polling station election commission member detects evidences of
damaging the stand in the booth (room) for voting, the absence or damaging of
the copy of the complete parliamentary candidates’ list of the respective
territorial election district (for the foreign polling station – the copy of
the complete list of the parties), the polling station election commission
member, who detected these evidences, shall immediately inform the chairperson
of the respective polling station election commission of that. Upon receiving
this information, the polling station election commission chairperson shall
ensure establishing a new stand in the booth (room) for secret voting instead
of the damaged one, or place the copy of the complete parliamentary candidates’
list of the respective territorial election district (for the foreign polling
station – the copy of the complete list of the parties) on the respective
stand, which is to be made in the order envisaged by part six of Article 78 of
this Law, instead of the damaged, destroyed or stolen copy of the complete
parliamentary candidates’ list of the respective territorial election district
(for the foreign polling station – the copy of the complete list of the
parties).
7. The voter
shall have no right to give their election ballot to other people. It is
prohibited to receive the election ballot from other people (except for the
authorized election commission member, who gives out the ballot papers), to
induce or compel the voters to give their ballot papers to other people by way
of bribery, threats or any other way.
8. In the
one-lined empty squares of the election ballot the voter shall write in every
square no more than one number expressed by one-digit or multi-digit figures,
which corresponds to the ordinal number of the parliamentary candidate in the
complete parliamentary candidates’ list of the respective territorial election
district, for whom the voter casts their vote.
For voting in
the foreign election district the voter shall successively enter no more than
one number expressed by one-digit or multi-digit number corresponding to the
ordinal number of this party in the complete list of the parties, for the
parliamentary candidates of which the voter casts their vote.
9. The voter
shall personally drop the completed election ballot into the voting box.
Handicapped voters, who cannot drop their ballot papers into the voting box
independently, shall have the right with consent of the chairperson or another
member of the polling station election commission, to entrust another person
with the task of doing it in their presence, except for a member of the polling
station election commission, parliamentary candidate, the person presenting the
candidate, the authorized person from the party, official observer.
10. In case the voting box has been damaged at the course of voting, it shall be sealed by the
chairperson and no less than three polling station election commission members
entered in the staff of this commission at the request of three different
subjects of presenting candidatures to the staff of this commission (except for
the case when less than three subjects of presenting candidatures to the staff
of the polling station election commission have been entered), in the way that
excludes the further possibility of dropping or taking out the ballot papers.
This voting box shall be kept in the voting premises in full view of the
polling station election commission members and other people present at the
polling station throughout the course of voting in accordance with the
requirements of this Law, and shall not be used until the completion of the
election.
11. In case the voter made a mistake while filling in the election ballot, they shall have the right to
immediately appeal with a written request to the polling station member, who
gave them the election ballot, with a request to give them another election
ballot. The polling station election commission member shall give the voter
another election ballot in the order established by part three of this Article,
only in exchange for the spoiled election ballot, which shall be marked in the
voter list opposite the voter’s name and certified by the signature of the
authorized polling station election commission member. The spoiled election
ballot shall be immediately invalidated as unused by the polling station
election commission member, who gave it, and the respective act shall be drawn
up. This act shall be signed by two polling station election commission
members, who were in charge of issuing the ballot paper, as well as the voter, who spoiled the election ballot, and this act shall be added to the voter list.
The invalidated election ballot shall be kept in the custody of the commission
member, who gave out the ballot, until the vote count procedure. At the vote
count procedure this election ballot shall be considered unused, and it shall
be packed together with the control coupon into the package with the unused
election ballot. It is not allowed to give out the election ballots instead of
the spoiled one repeatedly.
12. At twenty
o’clock the polling station election commission chairperson shall announce the
end of the election, after which only the voters present in the voting room
have the right to vote. It is not allowed to continue voting after the time
established by this Law. After the last voter leaves the voting room, it shall
be locked; thus, only the election commission members and the people, who have
the right to be present at the polling station election commission meeting in
accordance with this Law, shall stay.
Article 80.
Order of Organizing Voting at Places of Residence (Temporary Stay)
1. The polling
station election commission shall afford the voter an opportunity to vote at
their place of residence (temporary stay) if the voter, who is entered in the
complete voter list of the respective election district, but is incapable of
moving independently because of their advanced age, physical disability or
state of health.
2. On the last day prior to election day the polling station election commission at its meeting shall make
the voter list extract in the format established by the Central Election
Commission for organizing the election of the voters, who are incapable of
moving independently. The voters, who are entered in this extract, shall be
informed of this in the time period established by part two of Article 39 of
this Law, with the explanation of their voting right at their place of
residence (temporary stay) and their opportunity to renounce this right in the
time period envisaged by parts six or seven of Article 39 of this Law. In case the voter renounces their right to vote at their place of residence (temporary stay), this
voter shall not be entered in the respective extract. In case the voter did not renounce their right to vote at their place of residence (temporary stay),
the election commission shall ensure their right to vote at the place of
residence (temporary stay). This extract drawn up, it shall be immediately put
up at the polling station election commission premises for the public
review.
3. The
following voters are to be entered in the voter list extract:
1) without the
commission decision – the voters marked in the complete voter list in the
respective polling station as those who have constant incapability to move
independently, as envisaged by part four of Article 40 of this Law;
2) at the
decision of the polling station election commission – the voters who are
temporarily unable to move, on the grounds of their request. The request format
and requirements shall be established by the Central Election Commission.
4. After the
voter has been entered in the voter list extract for voting at the place of
residence (temporary stay), the polling station election commission secretary
shall make the entry into the graph “voter’s signature”, which says “votes at
the place of residence (temporary stay)”.
5. The voter,
indicated in part one of this Article, mails or passes through other people the
application written in their own hand, with the request to ensure their voting
at the place of their residence (temporary stay) with the indication of their
place of residence (stay). This application shall be submitted to the polling
station election commission no later than eight pm on the last Friday before election day.
6. The
application envisaged by part five of this Article is the voter’s obligation to
ensure the conditions for observing the requirements as to the order of voting,
envisaged by this Law.
7. In the
specialized polling stations, which are formed in medical institutions for
in-patients, voting at the voter’s place of residence (temporary stay) shall be
held on the basis of the voter’s written application with the request to ensure
their voting at the place of their residence (temporary stay) due to their
confinement to bed, which shall be confirmed by the head physician, whose
signature shall be certified by this institution seal.
8. The voter’s
application to vote at their place of residence (temporary stay) shall be
registered by the polling station election commission in a separate record
book, with the indication of the day and time of its submission, the voter’s
full name and their voting address (place of residence or temporary stay).
9. Voting at
the place of residence (temporary stay) shall be organized by no less than
three polling station election commission members, appointed by the election
commission decision indicated in part two of Article 78 of this Law, and
entered in the polling station election commission staff at the request of
three different subjects of presenting candidatures to the staff of the respective
commission (except for the case when the candidates from less than three
subjects of presenting the candidatures to the polling station election
commission staff were entered).
10. Voting at
the place of residence shall be organized on the assumption that the polling
station election commission members, who are organizing this voting, shall
return to the voting premises no later than one hour before the end of the
election.
11. The
polling station election commission chairperson shall announce the fact that
the polling station election commission members are leaving for organizing
voting at the voters’ place of residence (temporary stay). The polling station
election commission chairperson shall give out: the voter list extract, drawn
up in accordance with part two of this Article; the sealed portable voting box,
into which they shall drop the control act; the copies of the complete
parliamentary candidates’ list in the respective territorial election district;
five copies of the complete parliamentary candidates’ list for every member of
the polling station election commission, who organizes voting at the place of
residence; two copies of the information brochure about the parliamentary
candidates. The control act shall contain the voting box number, the departing
time (hour and minutes) of the election members for organizing voting at the
place of residence (temporary stay), the number of the received ballot papers,
the names of the polling station election commission members, who were given
the ballot papers. The control act shall be signed by the present election
commission members and parliamentary candidates, persons presenting the
candidates, authorized persons from the party, official observers at their
wish; their signatures shall be certified by the election commission seal.
12. At the
time of voting at the place of residence (temporary stay), the following people
can be present: parliamentary candidates, persons presenting the candidates,
authorized persons from the parties, official observers.
13. The voters
or their family members cannot refuse election commission members as well as parliamentary candidates, persons presenting the candidates, authorized persons from
the party, official observers, who have the right to be present at the time of
voting, in their presence at the time of voting. In case the indicated people
are refused to enter the voter’s place of residence (temporary stay), they
shall be refused in voting at their place of residence (temporary stay).
14. The
procedure of voting at the place of residence (temporary stay) is as follows: on the grounds of the voter list extract and provided the voter produces one of the
documents indicated in part five of Article 2 of this Law, the polling station
election commission member shall give the voter one election ballot. Then the
polling station election commission member shall write down their name and puts
their signature in the spaces provided on the election ballot and on the
control coupon of the election ballot, put the number of the voter, at which
they are registered in the voter list, explain the order of voting for the
voter, and give them a copy of the information brochure about the parliamentary
candidates and a copy of the complete parliamentary candidates’ list of the
respective territorial election district. The voter shall put their signature
in the control coupon of the election ballot and in the voter list extract,
fill in the election ballot as envisaged by paragraph one part eight Article 79
of this Law, and drop the election ballot into the voting box.
15. In case the voter entered in the voter list extract for voting at the place of residence (temporary
stay) arrives at the voting premises after the polling station election
commission members have left in order to organize the voting at the place of
residence, the voter is not allowed to be given the election ballot until the
commission members in charge of organizing the voting at the place of residence
return, and clarify if this voter has voted at the place of residence.
16. After
completing the vote at the place of residence, the polling station election
commission member, who gave the voter the election ballot, shall put the mark
“voted at the place of residence” opposite the voter’s name, write down their
name and the signature.
17. The voter
list extract, on the grounds of which voting at the place of residence was organized, shall be added to the voter list; it shall be its essential constituent. The
voters’ written requests shall be added to the voter list.
18. The
regulations of this Article do not extend to the foreign polling stations.
Article 81.
Final Meeting of Polling Station Election Commission
1. The final
meeting of the polling station election commission shall start after the
completion of voting at the polling station and shall be held in the same room
where the voting was conducted. The final meeting shall be held without a break
and close after the record form on the count vote at the polling station has been drawn up and signed.
2. In case a referendum or other elections are held simultaneously with the parliamentary election, the
count vote at this referendum or other elections shall be held after the record
form on the count vote in the parliamentary election at the polling station has been drawn up and signed in the established order at the same meeting of the polling station
election commission. The packages with the record forms and other election
documentation related to the parliamentary election shall be kept in the room,
where the meting is held in full view of the polling station election
commission members, who are present at the meeting, until the polling station
election commission meeting closes. The packages with the election
documentation shall be transported to the respective State Voter Register
maintenance body in the order established by Article 87 of this Law immediately
after the respective record forms of all other elections or referendum have
been signed.
3. At the time
of holding its final meeting, the polling station election commission shall
entitle the deputy chairperson or another polling station election commission
member to keep records of the election commission meeting. At this meeting the
polling station election commission secretary enters the data on the vote count
into the record form.
4. In case any applications or complaints concerning violations at the time of voting at the polling
station have been filed, the polling station election commission shall
investigate them at the beginning of the meeting before counting the votes at
the polling station.
5. The vote
count shall be done openly and transparently exclusively by polling station
election commission members. The vote count at the polling station shall be
done in the succession of the regulations stipulated by Articles 82-84 of this
Law.
Article 82.
Processing Voter Lists
1. Every
polling station election commission member responsible for the work with the
voter list shall count and enter the following data into every sheet of paper
of the voter list on every sheet separately:
1) the number
of voters entered in the complete voter list for the respective polling station
as of the end of voting;
2) the number
of voters, who received the election ballots in the voting room (according to
the voters’ signatures in the voter list);
3) the number
of voters who received the election ballots at the place of residence (stay)
(with the mark “voted at the place of residence (stay)”).
2. After the
data envisaged by part one of this Article have been introduced, the polling
station election commission member shall sign every sheet of the voter list,
add up the respective data from all of the received sheets of the voter list
and hand the summarized data over to the election commission chairperson. The
indicated summarized data shall be entered in the register mentioned in part
eleven Article 78 of this Law. The polling station election commission
chairperson and secretary shall sum up the indicated data, announce them and
enter them in the last page of the voter list, whereupon the polling station
election commission of a regular or specialized polling station shall deliver
the data on the number (valid as of the end of voting) of the voters entered in
the complete voter list for the respective polling station to the district
election commission; the number of voters who received election ballot in the
voting room; the number of voters who received election ballots at their place
of residence (temporary stay), while the polling station election commission of
the foreign polling station shall mail by electronic communication the data
valid as of the end of voting on the number of voters entered in the complete
voter list for the respective foreign polling station and the number of voters,
who received the election ballots in the voting premises, over to the Central
Election Commission.
3. The polling
station election commission shall determine the number of voters at the polling
station on the grounds of the voter list. The election commission secretary
shall announce this number and enter it into the record form on the vote count
at the polling station.
4. The polling
station election commission shall determine the number of voters at the polling
station on the grounds of comparing the voter list and the voter list extract
of the voters entered in the extract for voting at the place of residence
(temporary stay). This number shall then be announced and entered in the voting
record by the election commission secretary.
5. The polling
station election commission shall count the number of voters, who received the
election ballots in the voting premises in accordance with their signatures in
the voter list. The election commission secretary shall announce and enter this
number into the vote count record form at the polling station as the number of voters, who received the election ballots in the voting premises.
6. The polling
station election commission shall count up the number of voters, who received
the election ballots at their place of residence (temporary stay) in accordance
with the signatures in the voter list extract and the marks “voted at the place
of residence (temporary stay)” in the voter list. The election commission
secretary shall announce and enter this number in the vote count record form at
the polling station as the number of voters, who received the election ballots
at the place of residence (temporary stay).
7. The voter
list, the voter list extract made in compliance with part two Article 80 of
this Law, the voters’ applications together with the copies of the
corresponding documents, on the grounds of which the voter list extract was compiled, shall be packed in the order established by part eight of this Article. The package
shall be labeled “Electoral Register”.
8. The polling
station election commission shall pack the processed election documents into
the packets with a special protection system. The packet with the election
documents shall be packed; the packet shall bear the label indicating the type
of the packed documents as well as the number of the territorial election
district (indication of the foreign election district), the polling station
number, date and time of packing, the signatures of all the present the polling
station election commission members and the polling station election commission
seal.
Article 83.
Processing Unused Election Ballots and Control Coupons
1. While
counting the votes, the polling station election commission members, except for
its commission chairperson, deputy chairperson or another polling station election
commission member, who keeps the minutes of the commission meeting, and the
polling station election commission secretary, who enters the data in the vote
count record form at the polling station, are prohibited to use pens or any
other means of writing, from the moment of beginning the processing of the
election ballots.
2. The polling
station election commission members, who received the election ballots in
accordance with part eleven of Article 78 of this Law, shall take turns in
counting the remaining unused election ballots aloud.
3. The total
summarized number of the election ballots given out by the mentioned commission
member to the voters (in accordance with the voters’ signatures on the
respective pages of the voter list mentioned in item 2 part one Article 82 of
this Law) and the number of the election ballots, which remained unused and are
kept with the polling station election commission member, is to be equal to the
number of election ballots received by this commission member in accordance
with the information (data) on the given election ballots mentioned in part
eleven Article 78 of this Law. In case these numbers match, the polling station
election commission shall transmit the counted unused election ballots to the
polling station election commission chairperson. The polling station election
commission chairperson shall indicate the number of unused election ballots,
returned by the commission member, in the information on the delivery of
election ballots.
4. In case the numbers mentioned in part three of this Article are mismatching, the polling station
election commission shall draw up an act indicating the probable reason for such a discrepancy in the order envisaged by part eight Article 34 of this Law.
5. The polling
station election commission chairperson shall sum up the number of unused
election ballots and announce it. The polling station election commission
secretary shall enter the announced number of unused ballot papers in the vote
count record form of the polling station.
6. If
necessity arises, at the commission members’ request, the unused election
ballots can be recounted. The ballot paper counting shall be done in the order
established by part eighteen Article 76 of this Law.
7. The unused
election ballots shall be invalidated by way of cutting the lower right corner
off the election ballot. The invalidated election ballots together with the
election ballots mentioned in part eleven of Article 79 of this Law shall be
packed in the order established by part eight of Article 82 of this Law. The
package shall be labeled “Unused Ballot Papers”.
8. The polling
station election commission members, who issued the election ballots to the
voters, shall take turns in counting aloud the available control coupons of the
issued election ballots. The polling station election commission member shall
hand the counted control coupons of the issued election ballots over to polling
station election commission chairperson. The polling station election
commission chairperson shall enter the number of control coupons of the issued
election ballots established by every commission member in the election ballot
delivery act.
9. The
commission chairperson shall add up the total number of the control coupons of
the issued election ballots and announce it.
10. The
polling station election commission shall verify if the total number of the
control coupons of the issued election ballots indicated in part nine of this
Article is equal to the sum of numbers indicated in parts five and six of
Article 82 of this Law.
11. If
necessity arises or at the commission members’ request, the control coupons of
the issued election ballots can be recounted. The counting of the control
coupons of the issued election ballots shall be done in the order established
by part eighteen of Article 76 of this Law.
12. In case the numbers indicated in part nine of this Article match, the polling station election
commission chairperson shall announce it as the number of voters, who received
the election ballots at the polling station. The polling station election
commission secretary shall enter this number in the vote count record form of
the polling station.
13. In case the numbers indicated in part ten of this Article mismatch, the polling station election
commission shall draw up the act in the order envisaged by part eight of
Article 34 of this Law. Hereupon, the polling station election commission shall
make the decision as to determining the number of voters, who received the
election ballots. This number shall be announced and entered in the vote count
record form of the polling station.
14. The
control coupons of the issued election ballots shall be packed in the order
established by part eight of Article 82 of this Law. The package shall be
labeled “Control Coupons”.
15. The polling station election
commission shall verify if the number of the election ballots, received by the
polling station election commission, is equal to the sum of numbers of unused
election ballots and the number of voters, who received the election ballots.
In case these data mismatch, the polling station election commission shall draw
up the act in the order envisaged by part eight of Article 34 of this Law, with
the indication of the reason established by its decision on this discrepancy.
Article 84.
Order of Opening Boxes and Vote Count
1. All the
activities envisaged by Article 83 of this Law completed, the polling station
election commission shall inspect the wholeness of the leads or seals on the
voting boxes.
2. In case of detecting damaged leads or seals or other injuries, which impair the wholeness of the
voting box, the polling station election commission shall draw up the act in
the format and order envisaged by part eight of Article 34 of this Law, with
the indication of the character of the detected damages.
3. The polling
station election commission shall take turns in opening the voting boxes. The
portable voting boxes, which were used for voting at the place of residence
(temporary stay), shall be the first to be opened, while the voting boxes with
the damaged leads or seals and with other injuries detected (if available) in
the course of voting shall be the last to be opened.
4. While
opening the undamaged voting box, its contents shall be emptied on the table,
at which the polling station election commission members shall be seated. It is
also obligatory to check the availability of the control act in the voting box
(in case of the portable voting box – control acts).
5. The
election ballots from the damaged voting box shall be taken out one by one
without mixing them. The polling station election commission shall calculate
the number of the election ballots in this voting box. It is also obligatory to
check the availability of the control act; the latter shall be the last to be taken out from the voting box.
6. The total
number of the election ballots in every voting box shall be counted up
separately. However, voting results on every box separately shall not be
determined. The calculation of the election ballots shall be done in the order
established by part eighteen of Article 76 of this Law.
7. All the
other objects detected in the voting box, which are not election ballots of the
established format, shall be piled separately and shall not be counted up. The
control acts also belong to this group. In case doubts arise as to whether the object is an election ballot, the polling station election commission shall
solve this issue by way of voting. Each member of the polling station election
commission shall have the right to examine the object themselves. While the
object is being inspected, the vote count shall be discontinued. The objects,
which are not election ballot, shall be packed in the order established in part
eight of Article 82 of this Law. The package shall be labeled “Objects”.
9. If upon
opening, the portable voting box contains more election ballots than mentioned
in the control act in this voting box, the polling station election commission
shall draw up an act on this discrepancy in the format and order envisaged by
part eight of Article thirty four of this Law, indicating the number of the
election ballots in this voting box and the names of the polling station
election commission members, whose signatures are written at the mentioned
election ballots.
9. While
drawing up the act, indicated in part eight of this Article, the commission
shall inspect if the election ballots detected in the portable box have the
numbers of the corresponding territorial election district (the indication of
the foreign election district) and the corresponding polling station, the seal
impression of the corresponding election commission, the indicated surnames and
signatures of the respective polling station election commission members, who
conducted voting at the place of residence (temporary stay). The election
ballots having the improper marks shall not be counted up while calculating the
total number of voters, who voted at their place of residence (temporary stay)
and during the vote count. If upon their separation from the election ballots,
which are to be counted, the discrepancy mentioned in part eight of this
Article has been removed, the election ballots, which have been properly filled
in, shall be counted up when determining the total number of voters, who took
part in the election, and the vote count at the polling station. If there have
been no improperly filled in election ballots detected, or in case their separation from the election ballots, which are to be counted, does not remove the
discrepancy, mentioned in part eight of this Article, none of the election
ballots from the portable voting box shall be counted when determining the
total number of voters who took part in the election, as well as during the vote count.
10. In case the control act (in the portable voting box – control acts) is (are) absent from the voting
box, the polling station election commission shall draw up the act in the
format and order envisaged by part eight of Article 34 of this Law, the act on
the absence of the control act (control acts) with the indication of the number
of ballot papers in this voting box. The indicated ballot papers shall not be
counted while determining the total number of voters who took part in the
voting and during the vote count.
11. In case the commission members express doubts as to the credibility of the control act and in other
uncertain situations regarding the cases indicated in parts eight and ten of
this Article, the polling station election commission shall make a decision by
voting as to acknowledging the election ballots, which are in the voting box, as those which shall not be counted while determining the total number of voters, who took part
in the voting, and during the vote count. The respective decision and vote
results shall be entered in the minutes of the commission meeting.
12. The number
of election ballots in every voting box, with the exception of the objects and
election ballots, which are not to be counted, as well as the number of the
respective voting box shall be announced and entered in the vote count record
form of the polling station. After the last voting box has been opened, the
total number of the election ballots in the voting boxes shall be counted up.
The established total number of the election ballots will equal the number of voters,
who took part in the voting. This number shall be announced by the polling
station election commission secretary and entered in vote count record form of
the polling station election commission.
13. The
election ballots, at which the indicated numbers of the territorial election
district and (or) polling station do not match the numbers of the corresponding
polling station, the corresponding territorial election district as well as the election ballots, at which the seal impression of this polling station is absent
or at which there is a visible impression of the seal of another election
commission or any other seal, shall be considered as such that shall be counted
while determining the total number of voters, who took part in the election and
during the vote count.
14. The
election ballots, which according to parts nine, ten, eleven and thirteen of
this Article shall not be counted while determining the total number of voters,
who took part in the voting and during the vote count, shall be counted up,
entered in the vote count record form and packed in the order established by
part eight of Article 82 of this Law. The package shall be labeled “Election
ballots, which are not liable to be counted”.
15. The
election ballots, which are liable to be counted, shall be placed at the spaces
marked with separate signs having figures on both sides, which correspond to
the ordinal numbers of the parliamentary candidates in the complete
parliamentary candidates’ list in the respective territorial election district
(in the foreign election district – ordinal numbers of the parties in the
complete list of the parties), and the label “Invalid”. While placing the
election ballots, the polling station election commission member appointed by
the polling station election commission shall show every election ballot to all
the election commission members, while announcing the voting result – the
ordinal number of the parliamentary candidate in the complete parliamentary
candidates’ list in the territorial election district, the figures of whom are
entered in one-lined empty squares in the election ballot for voting in the
territorial election district (in the foreign election district – the ordinal
number of the party in the complete list of the parties, the figures of which
are entered in one-lined empty squares in the election ballot for voting in the
foreign election district). In cases the election commission members have
doubts as to the contents of the election ballot, the election commission shall
solve this issue by way of voting. While the election ballot is being
inspected, the work with election ballots shall be discontinued.
16. The
election ballot shall be invalidated:
1) if it does
not contain the full name and (or) the signature of the polling station
election commission member, who issued it, is absent, or if there is the
signature of the person, who did not issue the election ballots at this polling
station;
2) if it does
not have any ordinal numbers of the parliamentary candidates, whose number corresponds
to the ordinal number of the parliamentary candidate entered in the complete
parliamentary candidates’ list in the respective territorial election district
(in the foreign election district – if it does not have any ordinal number of
the party, which corresponds to the ordinal number of one of the parties in the
complete list of the parties);
3) if the
control coupon has not been separated from the election ballot;
4) if it is
impossible to determine the voting result due to other reasons.
17. In case the election commission members have doubts as to the validity of the election ballot, the
polling station election commission shall solve this issue by way of voting.
Prior to voting, every election commission member has the right to inspect the
election ballot themselves. While the election ballot is being inspected and in
the course of voting, the counting of other election ballots shall be
discontinued. The corresponding decision and the voting results shall be
entered in the minutes of the polling station election commission meeting.
18. The
invalid election ballots shall be counted up separately in the order
established by part eighteen of Article 76 of this Law. The polling station
election commission chairperson shall announce this number, and the election
commission secretary shall enter it into the vote count record form. The
invalid election ballots shall be packed in the order established by part eight
of Article 82 of this Law. The package shall be labeled “Invalid election
ballots”.
19. The
polling station election commission of a regular or specialized polling station
shall count up the number of voters, who cast their votes for every
parliamentary candidate, entered in the complete parliamentary candidates’ list
in the respective territorial election district in the order established by
part eighteen of Article 76 of this Law; while the polling station election
commission of the foreign election district shall count up the number of
voters, who cast their votes for all the parliamentary candidates from every
party entered in the complete list of the parties, in the order established by
part eighteen of Article 76 of this Law. While counting up the votes, every
election commission member shall have the right to check or recount the respective
election ballots. The vote count results at the polling station shall be
announced by the commission chairperson and entered in the vote count record
form by the election commission secretary.
20. While
counting the votes at the polling station, the polling station election
commission of a regular or specialized polling station shall verify if the
number of voters, who took part in the voting at the polling station, equals
the summarized amount of invalid election ballots and election ballots with the
votes for every parliamentary candidate entered in the complete parliamentary
candidates’ list in the respective territorial election district. While
counting the votes at the foreign polling station, the polling station election
commission of the foreign election district shall verify if the number of the
voters, who took part in the voting, equals the summarized amount of invalid
election ballots and the election ballots with the votes for all the
parliamentary candidates from every party entered in the complete list of the
parties. In case these data do not match, the polling station election
commission can recount the election ballots. If the indicated discrepancy has been detected, the polling station election commission shall draw up an act with the
indication of this discrepancy reason as established by its decision in the
format and order envisaged by part eight of Article 34 of this Law.
21. On the
grounds of the vote count at the polling station, done in the order established
by part nineteen of this Article, the polling station election commission of a
regular or specialized polling station shall determine the number of votes
given for all the parliamentary candidates entered in the parliamentary
candidates’ election list from every party in the respective territorial
election district. This number shall be determined as the sum of all the votes
given for every parliamentary candidate entered in the election list of the
respective party in the respective territorial election district. The number of
votes cast for all the parliamentary candidates entered into the election list
of parliamentary candidates from every party in the respective territorial
election district shall be announced by the election commission chairperson of
a regular or specialized polling station and entered into the vote count record
form by the election commission secretary.
22. The
election ballots with the votes cast for every parliamentary candidate entered
in the complete parliamentary candidates’ list in the respective territorial
election district (in the foreign election district – election ballots with the
votes cast for all the parliamentary candidates from every party entered in the
complete list of parties) shall be packed separately in the order established
by part eight of Article 82 of this Law. As the election ballots for voting in
the territorial election district are packed, every package shall be labeled
with the number, which corresponds to the ordinal number of the respective
parliamentary candidate in the complete parliamentary candidates’ list in the
territorial election district as well as the party, in the election list of
which the parliamentary candidate has been entered in the respective
territorial election district. As the election ballots for voting in the
foreign election district are packed, every package shall be labeled with the
ordinal number of the party, which corresponds to the ordinal number of the
party in the complete list of the parties, as well as the name of the
respective party.
Article 85.
Vote Count Record Form of Election Commission at Polling Station
1. At its
meeting the polling station election commission shall draw up an act on vote
count at the polling station. The format of the vote count record forms of the
polling stations in the respective territorial election district as well as foreign election district shall be approved by the Central Election Commission no
later than thirty two days prior to election day. The cards (letterheads) for the vote count record forms of the polling stations shall
be numbered by the publishing company. The Central Election Commission shall
ensure publishing the cards (letterheads) for vote count
record forms for every polling station in the amount of 100 copies, in the
order and in the time period established by Article seventy five of this Law
for publishing the election ballots. The cards for the vote count record forms
shall be handed from the polling station over to the election commissions
together with the election ballots in the order and in the time period
established by Article 76 of this Law.
2. The
following shall be entered in the vote count record form in words and figures:
1) the number
of election ballots received by the polling station election commission;
2) the number
of unused election ballots;
3) the number
of spoiled election ballots;
4) the number
of voters entered in the complete voter list for the respective polling station
(as of the end of voting);
5) the number
of voters entered in the voter list extract at the respective regular or
specialized polling station for voting at the place of residence (temporary
stay);
6) the number
of voters, who received the election ballots in the voting premises;
7) the number
of voters, who received the election ballots at the place of residence
(temporary stay) (only for a regular or specialized polling station);
8) the total
number of voters, who received the election ballots at the polling station;
9) the number
of election ballots found in every voting box (with the indication of the
voting box number);
10) the number
of election ballots which are not liable to be counted;
11) the number
of voters, who took part in the voting in the voting premises;
12) the number
of voters, who took part in the election at their place of residence (temporary
stay) (only for a regular or specialized polling station);
13) the number
of voters, who took part in the voting at the polling station;
14) the number
of the election ballots declared invalid;
15) the number
of voters, who cast their votes for every parliamentary candidate entered in
the complete parliamentary candidates’ list in the respective territorial
election district (for the foreign polling station – the number of voters, who
cast their votes for all the parliamentary candidates from every party entered
in the complete list of the parties);
16) the
summarized number of voters, who cast their votes for all the parliamentary
candidates entered in the same parliamentary candidates’ election list from the
party, for every respective party (only for a regular or specialized polling
station);
17) the number
of votes cast for all the parliamentary candidates entered in the complete
parliamentary candidates’ list in the respective territorial election district
(for the foreign polling station – the number of votes cast for all the
parliamentary candidates from all the parties entered in the complete list of
the parties).
3. The vote
count record form shall be drawn up by the polling station election commission
in the number of copies exceeding the number of people included into the staff
of the polling station election commission by four copies. The record form
copies shall be numbered, and they shall have equal validity.
4. The vote
count record form shall have the indication of the date and time (hour and
minutes) of when it was signed by the polling station election commission
members. The polling station election commission chairperson, its deputy
chairperson, its secretary and other members, all of whom were present at the
election commission meeting, shall sign every copy of the record form. The
polling station election commission member present at the polling station
election commission meeting is obliged to sign up the vote count record form.
In case they disagree with the vote count results written down in the
commission record form, the commission member shall sign the record form and
mark it with the words “Dissenting Opinion”. The written report of the
dissenting opinion shall be appended to the vote count record form of the polling
station. In case the polling station election commission member’s signature is
absent from the vote count record form, the reason of its absence shall be
indicated opposite (across) their name. This record form shall be signed and
certified by the polling station election commission seal, only after it has been completed.
5. The
following people, who were present at the polling station election commission
meeting while counting the votes, shall have the right to sign up the first and
second copies of the vote count record form: parliamentary candidates, persons
presenting the candidates, authorized persons from the parties, official
observers.
6. Filling in
the vote count record forms in pencil as well as making any corrections in them
without the respective polling station election commission decision is
prohibited.
7. In case the polling station election commission detected inaccuracies (slip of the pen or mistakes
in figures) after the vote count record form has been signed, but not yet sent
together with the other election documentation to the respective State Voter
Register maintenance body, it shall examine the question of introducing changes
into the already determined election results at the same meeting by way of
drawing up an updated vote count record form with the inaccuracies removed. The
record form shall be marked “Corrected”. The ballot papers shall not be
recounted. The record form marked “Corrected” shall be drawn up in the amount
indicated in part three of this Article and shall be signed in the order
established by part four of this Article. The minutes of the polling station
election commission meeting shall make mention of drawing up the record form
marked “Corrected”.
8. The first
and second copies of the vote count record form of the polling station election
commission as well as the respective copies of the record form marked
“Corrected” (if available), shall be packed into the package with a special
system of protection in the order established by part eight of Article 82 of this
Law. The package shall be labeled “Vote Count Record Form”. The third copy of
the vote count record form of the polling station election commission (the
record form marked “Corrected”) shall be kept in the custody of the polling
station election commission chairperson, the fourth copy of the mentioned
record form shall be put up for public review in the polling station election
commission premises. All the remaining copies shall be given out to the polling
station election commission members (one copy per a member).
9. The
parliamentary candidates, persons presenting the candidates, authorized persons
from the parties, official observers, who were present during the vote count at
the polling station, shall be immediately given the copies of the vote count
record form at their request, including the ones marked “Corrected”, which
shall be certified by the polling station election commission chairperson and
its secretary and by the seal of the election commission (no more than one copy
of the record form per every party and no more than one copy for every
candidate).
10. The act
formatted by the Central Election Commission shall be drawn up on the fact of
the delivery of the vote count record form. The act shall have the list of the
people, who received copies of the corresponding record form, the number of the
copy, the date and time of receiving these copies, and the signatures of these
people. The act shall be signed by the polling station election commission
chairperson and its secretary and certified by the polling station election
commission seal. The act shall be packed into the package together with the
first and second copies of the vote count record form.
11. The
packages with the vote count record forms, election ballots, control coupons
and objects, voter lists, and written reports on the dissenting opinions (if
available), acts, applications, complaints and decisions made by the election
commission shall be delivered to the respective State Voter Register
maintenance body immediately, as soon as the election commission meeting has been closed.
Article 86.
Declaring Voting at Polling Station Invalid by Polling Station Election
Commission
1. The polling
station election commission can declare voting at the polling station invalid
in case it establishes the violations of the requirements of this Law and as a result of which it is impossible to determine the credible voting results only under the
following circumstances:
1) detection
of facts of voting illegally (dropping of the voter’s election ballot to the
voting box by another person, except the cases envisaged by part nine of
Article 79 of this Law); voting of the people who do not have the voting right;
voting of the people who have not been entered in the complete voter list at
this polling station or have been entered in it without any grounds; voting of
the person more than once) in the amount that exceeds the number of voters, who
received the election ballots at the polling station, by ten per cent;
2) destroying
or damaging the voting box (boxes), which makes it impossible to determine the
contents of the ballot papers, if the amount of these election ballots exceeds
the number of voters, who received the election ballots at the polling station,
by twenty per cent;
3) detecting
in the voting box the election ballots in the amount that exceeds the number of
voters, who received the ballot papers at the polling station, by ten per cent.
2. In each case the circumstances mentioned in part one of this Article have been detected, the polling station
election commission shall draw up the act in the format and order envisaged by
part eight of Article 34 of this Law. This act (acts) shall serve the ample
ground for the polling station election commission to examine the question of
declaring the voting at the polling station invalid.
3. In case the polling station election commission makes a decision on declaring the voting at the
polling station invalid, all the election ballots found in the voting boxes at
this polling station are considered as the ones that are not liable to be
counted. In this case the vote count record form of this polling station shall
contain only the data mentioned in items 1-10, 13 of part two of Article 85 of
this Law. The space ‘other data’ shall be marked with a dash. The polling
station election commission shall draw up the vote count record form in the
order established by Article 85 of this Law.
4. In case the decision on declaring the voting at the polling station invalid has been made, the
election ballots shall be packed in the order established by part eight of
Article 82 of this Law. The package shall be labeled “Election Ballots”.
5. The
decision of the polling station election commission on declaring the voting at
the polling station invalid and the act (acts) on the grounds of which these
decisions were made, shall be attached to the vote count record form, packed
and transported to the respective State Voter Register maintenance body as established by this Law.
Article 87.
Order of Transporting and Delivering Election Documents to State Voter Register
Maintenance Body
1.
Transportation of election documents indicated in part eleven of Article 86 of
this Law shall be performed by three members of the polling station election
commission included on the staff list of this commission at the presentation of
three subjects of presenting candidatures to the staff of this commission,
except the cases when persons from less than three subjects of presenting the
respective candidatures have been included on the staff list of the polling
station election commission. One of the three respective members of the polling
station election commission shall be the commission chairperson, and if it is
impossible – the commission deputy chairperson and two other members of the polling
station election commission – people included on the staff list of the
commission at the presentation from the parties, the candidates of which have
polled the most votes in total at the polling station. It is mandatory that the
respective polling station election commission members be escorted by the
representative of the Interior Ministry of Ukraine, who is to ensure protection
while transporting. At their desire, other polling station election commission
members, parliamentary candidates, persons presenting the candidates,
authorized persons from the parties, official observers, who were present
during the vote count at the polling station, can accompany the transportation
of the documents to the respective State Voter Register maintenance body. The presence
of any other people accompanying the transportation of election documents is
prohibited.
2. While
transporting the election documents it is prohibited to unpack the packages
with election ballots and other election documentation.
3. In case other elections or referendum take place simultaneously with the parliamentary election, the
polling station election commission members, who do not participate in
transporting the election documentation of the parliamentary election in
accordance with part one of this Article, shall transport the election
documentation from these elections or referendum to the respective district or
territorial election commission, or to the State Voter Register maintenance
body
4. The polling
station election commission secretary, other members of the commission, who do
not accompany the transportation of election documents to the respective State
Voter Register maintenance body, shall stay at the polling station election
commission premises until they receive the information about the fact of
receiving the third copy of the acceptance act by the polling station election
commission members, who transported the election documentation to the State
Voter Register maintenance body. During the time of the transportation of the
election documentation to the State Voter Register maintenance body and all
throughout the uninterrupted meeting of the district election commission, as envisaged by Article 90 of this Law, the polling station election commission seal shall be
kept in the safe (metal box) in the premises of the polling station election
commission.
5. The vote
count record form at a regular or specialized polling station and other
election documents of the polling station election commission, envisaged by
part eleven of Article 85 of this Law, shall be handed over to the respective
State Voter Register maintenance body in the order established by Article 88 of
this Law.
6. After the
vote count record form at the foreign polling station has been signed by the
members of the foreign polling station election commission, its contents shall
be immediately transmitted through the Ministry of Foreign Affairs of Ukraine
to the Central Election Commission by communication technology, with the
further obligatory delivery to the Central Election Commission of the first and
second copies of the vote count record form from the foreign polling station in
the order established by the Central Election Commission. Other election
documents, envisaged by part eleven of Article 85 of this Law, shall be
attached to the vote count record forms from the foreign polling station.
Article 88.
Order of Receiving Election Documents from Polling Station Election Commissions
by State Voter Register Maintenance Body
1. No later
than a day prior to election day, by the written order from the head of the
State Voter Register maintenance body, the head of the respective State Voter
Register maintenance body or its authorized person (s) shall start accepting
the election documents from the polling station election commissions starting
with the moment of the election completion.
2. The
election documents from the polling station election commissions shall be
received by the persons envisaged by part one of this Article, in a specially
allotted room of the State Voter Register maintenance body. All the election
documents handed by the polling station election commissions over to the
respective State Voter Register maintenance body as well as all the first
copies of the acceptance-delivery acts of the election documents from the
polling station election commissions indicated in part seven of this Article
shall be kept in the same room up to the moment of beginning the transportation
of the documents to the district election commission as envisaged by part ten of
this Article.
3. Only the
following people have the right to be present in the premises, where these
documents are received as envisaged by part one of this Article, during the
procedure of receiving the election documents from the polling station election
commissions: members of the respective polling station election commissions,
who transported the election documents and who hand them over to the State
Voter Register maintenance body; parliamentary candidates; persons presenting
the candidates; authorized persons from the parties in the respective
territorial election district; official observers. The number of people, who
have the right to be present during the procedure of receiving the election
documents from the polling station election commissions by the State Voter
Register maintenance body (except the members of the respective polling station
election), shall be determined by part three of Article 33 of this Law. The
presence of other people, except the people envisaged by part three of this Article,
in the premises of the State Voter Register maintenance body, where the
election documents are received, is prohibited.
4. While
receiving the election documents from every polling station election
commission, the person (s) envisaged by part one of this Article shall examine
the packages with the election documents, checking the package contents and the
wholeness of all the packages with election documents, which are handed by
every polling station election commission over to the State Voter Register
maintenance body. All those present in the respective premises of the State
Voter Register maintenance body as envisaged by part three of this Article
shall have the right to examine the packages with election documents, which are
handed over by every polling station election commission.
5. In case it was detected that any packages with election documents, which are to be received from the
respective poling station election commission and, in accordance with this Law,
transported to the State Voter Register maintenance body, are absent during the
procedure of checking the package contents, this fact shall be recorded by the
people, envisaged by part one of this Article, in the acceptance-delivery act
of the election documents from the polling station election commission.
6. In case of detecting visible evidences of unsealing (damaging the wholeness of the package) while
checking the package contents with the election documents, which are handed
over by the respective polling station election commission, the fact of
damaging the wholeness of the package of these packets with the indication of
the specific packages shall be recorded in the acceptance-delivery act from the
respective polling station election commission.
7. The person
(s), who is (are) in charge of receiving the election documents from the
polling station election commissions, shall draw up the acceptance-delivery act
of the election documents in four copies in the order and format established by
part eight of Article 34 of this Law. This act shall contain the indication as to:
1) date and
time of drawing up the act;
2) the number
of the territorial election district;
3) the full
name of the State Voter Register maintenance body;
4) the number
of the polling station, whose commission members hand the election documents
over to the State Voter Register maintenance body;
5) the number
of packages with the election documents handed by the polling station election
commission over to the respective State Voter Register maintenance body;
6) the number
of packages with the election documents, which were not handed by the polling
station election commission over to the respective State Voter Register
maintenance body, the indication of each of these packages in accordance with
the marks, which are to be made on them according to this Law;
7) the number
of packages with the election documents handed over by the polling station
election commission, the package wholeness of which has been damaged, the
indication of each of these packages in accordance with the marks made on them;
8) full name
(last name, first name and patronymic of the person (s) who received the
election documents from the respective polling station election commission, these
people’s signatures certified with the seal of the State Voter Register
maintenance body;
9) full name
(last name, first name and patronymic) of the polling station election
commission members, who transported the election documents to the State Voter
Register maintenance body and handed them over to the State Voter Register
maintenance body, the signatures of these members of the polling station
election commission.
8. All the
copies of the acceptance-delivery act of the election documents, indicated in
part seven of this Article, shall be numbered and shall have equal validity.
The people, indicated in part three of this Article, shall have the right to
sign up every copy of the acceptance-delivery act. The first copy of the
election documentation acceptance-delivery act from the respective polling
station election commission shall be transported to the district election
commission together with other documents envisaged by part ten of this Article
in the order envisaged by Article 89 of this Law; the second copy shall be kept
in the custody of the State Voter Register maintenance body; the third copy
shall be handed over to the members of the respective polling station election
commission, who transported and handed the documents over to the State Voter
Register maintenance body; the fourth copy shall be immediately put up on the
premises of the State Voter Register maintenance body, accessible for the
citizens’ public review.
9. After the
election documents from all the polling station election commissions formed on
the territory of the respective district, respective city or respective area in
the city within the respective territorial election district have been
received, and the respective acceptance-delivery acts on the results of the
receipt of such documents from the polling station election commissions, the
specially allotted room of the State Voter Register maintenance body, where the
election documents from the polling station election commissions were received,
shall be locked by the person(s), who received the election documents from the
polling station election commissions, in the presence of the polling station
election commission members, who transported and handed the election documents
envisaged by part eleven of Article 85 of this Law over to the State Voter
Register maintenance body as well as the authorized persons from the parties,
parliamentary candidates, persons presenting the candidates, who were present
at the procedure of handing the election documents from the polling station
election commissions over to the State Voter Register maintenance body. The
entry to this room shall be sealed with a tape with the signatures of all the
people, who received the election documents from the polling station election
commissions; their signatures shall be marked with the seal of the State Voter
Register maintenance body. The polling station election commission members, who
transported and handed the election documents of the respective polling station
election commissions over to the State Voter Register maintenance body, the
authorized persons from the parties, parliamentary candidates, persons
presenting the candidates, official observers, who were present at the
procedure of receiving the election documents from the polling station election
commissions, have the right at their desire to sign up the tape, with which the
specially allotted room of the State Voter Register maintenance body as mentioned in part two of this Article has been sealed. After the entry to the specially
allotted of the State Voter Register maintenance body has been sealed in the
order established by this part, the respective room shall be continually (until
opening this room in the order envisaged by part four of Article 89 of this
Law) guarded by the representative of the Interior Ministry of Ukraine. The
entry to this room of any people before the beginning of the transportation of
the documents to the district election commission as envisaged by part ten of
this Article is prohibited. The key to this room indicated in this part shall
be constantly (until opening such a room in the order envisaged by part four of
Article 89 of this Law) kept in the custody of the head of the State Voter
Register maintenance body, so as to rule out the possibility of access to this
key by any people, except for the head of the State Voter Register maintenance
body.
10. The
following documents shall be transported from the State Voter Register
maintenance body to the district election commission in the order envisaged by
Article 89 of this Law:
1) packages
with the election documents from all the election commissions, handed from the
polling station election commissions over to the State Voter Register
maintenance body;
2) the first
copies of all the election documentation acceptance-delivery acts of the
polling station election commissions drawn up in accordance with this Article.
Article 89.
Order of Transporting Election Documents from State Voter Register Maintenance
Body to District Election Commission
1. The
documents, indicated in part ten of Article 88 of this Law, shall be
transported from the State Voter Register maintenance body to the district
election commission in accordance with the schedule, which shall be approved by
the district election commission no later than three days prior to election
day. One copy of the corresponding decision shall be sent to every polling
station election commission, formed within the respective territorial election
district, and to every State Voter Register maintenance body, from where the
documents envisaged by part ten of Article 88 of this Law, are transported, in
the time period no later than the day after the district election commission
approved the schedule of transporting the election documents from the State
Voter Register maintenance body to the district election commission.
2. The
schedule of transporting the documents indicated in part ten of Article 88 of
this Law from the State Voter Register maintenance body to the district
election commission shall be arranged so that the delivery of the election
documents of all the polling station election commissions formed within the
territorial election district would be completed no later than the third day
after election day.
3. The
schedule of transporting the documents indicated in part ten of Article 88 of
this Law from the State Voter Register maintenance body to the district
election commission shall have the indication of:
1) date
and exact time (hour and minutes) of opening the premises of every respective
State Voter Register maintenance body, where all the documents, envisaged by
part ten of Article 88 of this Law, in the order envisaged by part nine of
Article 88 of this Law, are kept.
2) date
and tentative time (no later than the indicated hour) of the arrival of the
documents envisaged by part ten of Article 88 of this Law from every State Voter
Register maintenance body to the district election commission.
4. The head of
the State Voter Register maintenance body shall open the premises of the State
Voter Register maintenance body, where all the documents envisaged by part ten
of Article 88 of this Law are kept, in the order envisaged by part nine of
Article 88 of this Law, in exact accordance with the schedule approved by the
district election commission, according to the requirements of item one part
three of this Article, in the presence of the representative of the Interior
Ministry of Ukraine, who guarded the premises, people, who received the
election documents from the polling station election commissions, members of
the polling station election commission, who handed the documents over to the
State Voter Register maintenance body, the authorized persons from the parties,
parliamentary candidates, persons presenting the candidates, and official
observers.
5. All the
people, who received the election documents from the polling station election
commissions in accordance with part one of Article 88 of this Law, shall
transport the documents mentioned in part ten of Article 88 of this Law. It is
obligatory that these people be escorted by the representative of the Interior
Ministry of Ukraine, who is to ensure protection of the documents, while they
are transported. At their desire, the parliamentary candidates, persons
presenting the candidates, the authorized persons from the parties, official
observers, who were present at the procedure of opening the room of the State
Voter Register maintenance body in the order envisaged by part four of this
Article, shall have the right to accompany the transportation of the documents
indicated in part ten of Article 88 of this Law, to the district election
commission. Other people are prohibited to accompany the transportation of
these documents.
6. While the
documents envisaged by part ten of Article 88 of this Law are being transported
to the district election commission, it shall be prohibited to unpack the
packages with the election documents, which were transferred by the polling
station election commissions to the respective State Voter Register maintenance
body, and to introduce any changes into the first copies of the
acceptance-delivery acts (drawn up in accordance with Article 88 of this Law)
of the ballot papers from the polling station election commissions.
7. While the
documents envisaged by part ten of Article 88 of this Law are being
transported, the seal of the State Voter Register maintenance body shall be
kept in the custody of the respective State Voter Register maintenance body.
Article 90.
Order of Receiving and Processing Documents from Polling Election Commissions
by District Election Commission
1. The moment
the election is completed, the district election commission shall start the
meeting, which shall be uninterrupted up to determining the results of the vote
in the territorial election district. All throughout this time, the district
election commission members shall not be distracted with performing functions
other than their participation in the election commission meeting.
2. The
district election commission shall process the data indicated in part two of
Article 82 of this Law and transfer these data through the territorial election
district to the Central Election Commission by way of automated
information-analytical system and telegraph (teletype) no later than 2 pm of
the day following the election day. The Central Election Commission shall
publish the mentioned data in the national printed media on the next day after
the day of receiving them, and immediately – on the official Central Election
Commission website.
3. The
district election commission meeting mentioned in part one of this Article
shall be recorded in the minutes of the uninterrupted meeting, which shall be
signed by the head or chairperson of this meeting as well as by the election commission secretary or the election commission member, who executed the
duties of the secretary at the mentioned meeting. Dissenting opinions (if
available) of the election commission members, who participated in the meeting
and disagree with the decision made by the district election commission, shall
be attached to the minutes.
4. At the
district election commission meeting, the district election commission
chairperson, in accordance with the schedule mentioned in parts one and two of
Article 88 of this Law, shall receive the sealed packages with the minutes of
the polling station election commissions from the people envisaged by part one
of Article 88 of this Law, unpack them and announce the contents of the polling
station election commission minutes on the vote count at the respective polling
stations as well as receive other documents envisaged by part ten of Article 88
of this Law. The time of receiving the polling station election commission vote
count record form, the list of the approved election documents envisaged by
part ten of Article 88 of this Law and the data on the vote count at the
polling station shall be recorded in the minutes of the district election
commission meeting.
5. The polling
station election commission members, who transported the election documents of
the polling station election commission to the State Voter Register maintenance
body, are obliged to arrive at the meeting of the district election commission
mentioned in part one of this Article in the time period indicated by point two
part three of Article 89 of this Law and be present at this meeting until the
election documents of the respective polling station election commission have
been approved by the decision of the district election commission, and the data
on the vote count at the polling station while determining the results of the
vote and the outcome of the election within the territorial election district
have been registered. The secretary and all the other polling station election
commission members, except for the polling station election commission members
indicated in part five of this Article, shall gather in the time period
indicated by point two of part three of Article 89 of this Law, in the premises
of the polling station election commission and stay there until they receive
the confirmation that the election documents of the polling station election
commission have been received by the district election commission.
6. When
receiving the documents of the polling station election commission, the
district election commission shall ascertain the package contents and wholeness
of all the packages with the election documents on the grounds of the first
copy of the acceptance-delivery act of the respective polling station election
commission, which is to be drawn up in the order established by Article 88 of
this Law. In case the election documents of the polling station election
commission, which were transferred to the State Voter Register maintenance
body, have been found whole and complete, and the wholeness of the packages
with all the election documents from the respective polling station election
commission, the district election commission chairperson shall open the package
with the vote count record form from the polling station and announce the data
indicated in it. The district election commission shall make one of following
decisions resulting from processing the election documents of the polling
station election commission, complaints about the violation of the requirements
of this Law during the election and vote count at the polling station as well as during the transportation of the election documents, which arrived at the district
election commission at the moment of receiving the documents of the polling
station election commission from the people, envisaged by part one of Article
88 of this Law, to the State Voter Register maintenance body or to the district
election commission:
1) to receive
the election documents from the polling station election commission and
register the data of the vote count record form from the polling station when
determining the results of the vote and the outcome of the election within the
territorial election district;
2) to refuse
to receive the election documents from the polling station election commission
and to oblige the polling station election commission to correct the revealed
drawbacks;
3) to hold
vote recount at the polling station in the order established by this Law.
7. The
decision envisaged by part six of this Article shall be made by way of voting
of all the district election commission members by the majority from the total
composition of the commission and shall be entered in the minutes of the
district election commission meeting.
8. The
district election commission shall examine the vote count record form of the
polling station election commission, after it has been announced. In case of detecting corrections, mistakes, inaccuracies in the vote count record form of the
polling station election commission, the district election commission can
oblige the polling station election commission by its decision to make changes
into the determined results of the vote at the polling station in accordance
with the requirements of part seven of Article 85 of this Law, and this fact
shall be indicated in the minutes of the polling station election commission
meeting. While the polling station election commission examines this question,
all the copies of the vote count record form of the polling station submitted
to the district election commission and other documents envisaged by part ten
of Article 88 of this Law, shall be kept in the custody of the district
election commission.
9. The polling
station election commission is obliged to examine the question of introducing
the changes into the vote count record form without recounting the ballot
papers. The record form marked “Corrected” shall be transported directly to the
district election commission in the order established by Article 87 of this
Law. The time of receiving the record form of the polling station election
commission marked “Revised” and all the data introduced into this record form,
shall be registered in the minutes of the district election commission
meeting.
10. In case there have been complaints confirmed by the acts drawn up correspondingly by parliamentary
candidates, authorized persons from the parties, official observers, voters on
the violations of the requirements of this Law in the course of voting and (or)
during the vote count at the polling station, which call into question the
results of the vote count at this polling station, and in case there is an act or complaint filed by the people indicated in part five of Article 89 of
this Law, on the violation of the requirements of this Law while transporting
the documents, as envisaged by part ten of Article 88 of this Law, from the
State Voter Register maintenance body to the district election commission, the
district election commission can make a decision on conducting vote recount at
the polling station.
11. In case it is impossible to remove the inaccuracies in the minutes of the polling station election
commission without recounting the election ballots, and in case the fact of damaging the package wholeness in the first copy of the acceptance-delivery act
of the election documents of the respective polling station election commission
has been detected, the district election commission is obliged to make a
decision on recounting the votes at this polling station.
12. The vote
count record forms of the polling station and the sealed packages along with
other election documents of the polling station election commission shall be
kept in the premises, where the meeting of the district election commission
takes place, until the vote recount is held by the district election
commission.
13. The vote
recount at the polling station shall be held by the district election
commission after examining and approving the minutes and other documents from
all the other polling station election commissions, transferred by the
respective State Voter Register maintenance body. All the members of the
election commission at the polling station, where the vote recount is held,
shall have the right to take part in the vote recount; parliamentary
candidates, persons presenting the candidates, the authorized persons from the
parties, official observers can also be present at the vote recount.
14. The
district election commission shall draw up an act on the results of the vote
recount at the respective polling station in the format established by the
Central Election Commission; the act shall contain the data envisaged by part
two (except for point 9) of Article 85 of this Law.
15. The
district election commission shall draw up an act on the vote recount record
form at the respective polling station in the amount of copies exceeding the
number of people entering the staff of the district election commission by
four. The record form copies shall be numbered and shall have equal validity.
All the record form copies shall be signed by the present members of the
polling station election commission, who took part in the recount at the
respective polling station, and certified by the seal of the district election
commission. The record form data shall be announced while it is being drawn up
in the order envisaged by Articles 82-84 of this Law. The parliamentary
candidates, persons presenting the candidates, the authorized persons from the
parties, official observers, who were present at the vote recount, shall have
the right to sign up the first and second copies of each record form.
16. The
district election commission can make a decision on declaring the voting at the
polling station invalid only if:
1) the
circumstances indicated in part one of Article 86 of this Law have been
revealed at the vote recount at the respective polling station;
2) the facts
of creating deliberate obstructions in the work of the election commission members
on the day prior to election day, on election day or during the vote count; the
facts of unlawful removal of the official poll watchers from the parties –
subjects of the election process, who have the right to be present, from the
room, where the vote count is done; the facts of unlawful non-admission of the
indicated observers into the premises, where the vote count is done, have been
established.
17. In case the voting at the polling station has been declared invalid during the vote recount, all the
election ballots, which were used for voting at the respective polling station,
are considered as the ones that are not liable to be counted. In this case, the district election commission vote recount record form at this polling station shall be
drawn up in the order established by parts fourteen and fifteen of this
Article, and shall only contain the data indicated in items 1-10, 13 of part
two of Article 85 of this Law. In the space provide for other data a dash is to be used.
18. The first
copy of the district election commission vote recount record form at the
polling station along with the respective polling station election commission
vote recount at the polling station, the decision of the district election
commission on declaring the election at the polling station invalid shall be
added to the minutes of the district election commission on the results of the
vote and the outcome of the election in the respective territorial election
district. The second copy of the district election commission vote recount
record form at the polling station shall be kept in the custody of the district
election commission secretary, the third one shall be handed over to the
respective polling station election commission, the fourth one shall be
immediately put up on the premises of the district election commission for
public review, and the remaining copies shall be distributed among the district
election commission members (one copy for a person).
Article 91.
Establishing Results of Vote and Outcome of Election Within Territorial
Election District
1. After
approving and examining the vote count record forms at the polling station,
including the ones marked “Revised”, as envisaged by Article 90 of this Law,
and on the grounds of vote count record forms from the polling station election
commissions, and in case of the vote recount – the vote recount record form
from the district election commission at the respective polling station, the
district election commission shall establish:
1) the number
of election ballots received by the district election commission;
2) the number
of election ballots invalidated by the district election commission;
3) the number
of election ballots received by the polling station election commissions of the
territorial election district;
4) the number
of unused election ballots invalidated by the polling station election
commissions of the territorial election district;
5) the number
of spoiled election ballots at the polling stations of the territorial election
district;
6) the total
number of voters entered in the complete voter list of the polling stations of
the territorial election district;
7) the number
of voters entered in the voter list extracts at the polling stations of the
territorial election district;
8) the number
of voters, who received the election ballots in the premises for voting;
9) the number
of voters, who received the election ballots at their place of residence
(temporary stay);
10) the number
of voters, who received the election ballots within the territorial election
district;
11) the number
of voters who took part in the election in the premises for voting;
12) the number
of voters who took part in the election at their place of residence (temporary
stay);
13) the number
of election ballots at the polling stations of the territorial election
district, which are not liable to be counted;
14) the total
number of voters, who took part in the voting within the territorial election
district;
15) the number
of election ballots declared invalid;
16) the number
of votes cast for every candidate entered in the complete parliamentary
candidates’ list in the respective territorial election district;
17) the
summarized number of votes cast for all the parliamentary candidates entered in
the same parliamentary candidates’ election list from the party, on every
separate party;
18) the number
of votes cast for all the parliamentary candidates entered in the complete
parliamentary candidates’ list in the respective territorial election district.
2. The data on
the results of the vote within the territorial election district shall be
entered into the minutes of the district election commission on the results of
the vote and the outcome of the election within the territorial election
district in words and figures. The data indicated in items 3-18 of part one of
this Article shall be entered into the minutes on every polling station, which
enters the staff of the territorial election district, in figures, as well as the total number in figures and words in the territorial election district.
3. On the
grounds of the data indicated in item 18 of part one of this Article, the
district election commission shall establish the total number of votes cast for all the parliamentary candidates entered into the complete parliamentary candidates’ list
in the respective territorial election district.
4. The number
of votes sufficient for obtaining the mandate of a deputy in the territorial
election district (further on – the electoral quota of the territorial election
district) is calculated by way of dividing the total number of votes,
established in accordance with part three of this Article, by the number of
deputies who are running up in the respective territorial election district.
5. The number
of votes cast for every parliamentary candidate entered in the complete
parliamentary candidates’ list in the respective territorial election district
is to be divided by the electoral quota of the territorial election district.
6. All the
actions envisaged by part five of this Article completed, the district election
commission shall indicate the following in the minutes of the results of the
vote and the outcome of the election within the territorial election district:
1) the total
number of votes cast for all the parliamentary candidates entered into the
complete parliamentary candidates’ list in the respective territorial election
district;
2) the
electoral quota of the territorial election district;
3) the list of
the parliamentary candidates entered in the election list of the parliamentary
candidates in the respective territorial election district from every party,
for whom the figures received as a result of dividing the number of votes cast for every one of them by the electoral quota of the territorial election district are less
than one, with the indication for every one of such parliamentary candidates of
the share of the electoral quota of the territorial election district (in
percentage), which falls short of the full quota of the territorial election
district and which is calculated by way of multiplying the difference between
one and the figure received by dividing the number of votes cast for the respective parliamentary candidate by the electoral quota of the territorial
election district, by 100 per cent; with recording in the respective list of
parliamentary candidates, entered in the candidates’ election list from the
same party, the shares of the electoral quota (in percentage) in the ascending order, which fall short of the full quota of the territorial election district for
every parliamentary candidate.
4) the list of
the parliamentary candidates entered in the election list of the parliamentary
candidates in the respective territorial election district from every party,
for whom the figures received as a result of dividing the number of votes cast for every one of them by the electoral quota of the territorial election district, are
bigger than one or equal one;
5) full name
(last name, first name and patronymic), year of birth, profession, post
(occupation), place of work, electoral address, party affiliation (for the
parliamentary candidate who is a member of the party) of every parliamentary
candidate entered in the parliamentary candidates’ election list in the
respective territorial election district from the party, for whom the figure
received as a result of dividing the number of votes cast for them by the
electoral quota of the territorial election district is bigger than one or
equals one.
7. The minutes
on the results of the vote and the outcome of the election within the
territorial election district shall be drawn up by the district election
commission in the amount exceeding the number of people making up the staff of
the district election commission by three. The copies of the minutes shall be
numbered and shall have equal validity.
8. It is
prohibited to fill in the minutes on the results of the vote and the outcome of
the election within the territorial election district in pencil; likewise, it
is prohibited to sign and certify them with the seal of the district election
commission until it has been completed.
9. The minutes
on the results of the vote and the outcome of the election within the
territorial election district shall be signed by the chairperson, deputy
chairperson, secretary and other members of the district election commission,
who are present at the election commission meeting, and they shall be certified
by the seal of the district election commission. The minutes shall indicate the
date and time (hour and minutes), when they were signed up by the members of
the district election commission. The election commission member present at the
meeting is obliged to sign up the minutes on the results of the vote and the
outcome of the election within the territorial election district. In case they disagree on the established results of the vote and the outcome of the election within
the territorial election district, registered in the minutes of the meeting,
the election commission member shall sign the minutes with a mark “Dissenting
Opinion”. The written account of the dissenting opinion shall be attached to
the minutes on the results of the vote and the outcome of the election within
the territorial election district. In case the signature of the election
commission member is absent from the minutes, there shall be the reason for the absence indicated opposite their name. The parliamentary candidates, persons
presenting the candidates, the authorized persons from the parties, official
observers, who were present during the procedure of establishing the results of
the vote and the outcome of the election within the territorial election
district, shall have the right to sign up the first copy of the minutes.
10. In case the district election commission detected inaccuracies (slip of the pen or mistake in
figures) after signing up the minutes on the results of the vote and the
outcome of the election within the territorial election district before
forwarding them to the Central Election Commission, it shall examine the
question of introducing changes into the results of the vote and the outcome of
the election within the territorial election district by way of drawing up new
minutes which shall be marked “Revised”. The minutes with the mark “Revised”
shall be drawn up and signed in the order and amount of the copies as established by this Article. The district election commission is not allowed to draw up the
minutes marked “Revised” at any other commission meeting without the order of
the Central Election Commission.
11. The first
copy of the district election commission minutes on the results of the vote and
the outcome of the election within the territorial election district, and the
first copy of the minutes marked “Revised” (if available) shall be packed into
the package with a special protection system in the order established by part
eight of Article 82 of this Law. The package shall be labeled “Minutes on the
results of the vote and the outcome of the election within the territorial
election district”.
12. The first
copy of the district election commission minutes on the results of the vote and
the outcome of the election within the territorial election district, and in case changes have been introduced into the minutes, the minutes with the inaccuracies (slip of
the pen or mistakes in figures) and the minutes marked “Revised” along with the
respective minutes and acts of the polling station election commissions,
decisions made on the grounds of these acts and the district election
commission vote recount record forms (if available) at the respective polling station,
the written reports of dissenting opinions of the district election commission
members, applications and complaints on the violations made by the district
election commission in determining the results of the vote and the outcome of
the election within the territorial election district and the decisions made by
the district election commission resulting from their examination, shall be
transported by the district election commission to the Central Election
Commission; the second copy of the minutes shall be kept in the district
election commission, the third one shall be immediately put up on the premises
of the district election commission for public review, and the remaining shall
be given to the district election commission members (one copy per a person).
13. The
transportation of the election documents indicated in part twelve of this
Article shall be realized by the district election commission chairperson or
their deputy and two members of this election commission – representatives of
two other parties, for the candidates of which the most votes in the respective
territorial election district have been cast. If the district election
commission chairperson or deputy chairperson, who are to transport the
mentioned documents, represent one of the two parties, the parliamentary
candidates from which have totally polled the most votes in the territorial
election district, or if the representative of this party for whatever reason cannot take part in the transportation of election documents to the Central Election
Commission, the representative of another political party, which is the next to
it by the total number of votes cast for its candidates within the territorial
election district shall take part in the transportation.
14. The
parliamentary candidate, the person presenting the parliamentary candidate, the
authorized person from the party, official observer shall be immediately given
at their request the copy of the minutes (including the minutes marked
“Revised”) of the district election commission on the results of the vote and
the outcome of the election within the territorial election district and the
copy of the vote recount record form at the respective polling station (if
available): one copy of every record form per every party and one copy of every
record form per every parliamentary candidate. The mentioned copies shall be
signed at every page by the district election commission chairperson and its
secretary, and certified by the seal of the election commission.
15. The
district election commission is obliged to establish the results of the vote
and the outcome of the election within the territorial election district
irrespective of the number of polling stations, where the election was declared invalid.
16. It is
inadmissible to declare the election invalid within the territorial election
district.
Article 92.
Establishing Results of Vote Within Foreign Election District
1.
At its meeting the Central Election Commission shall approve, examine and
announce the minutes of the polling station election commissions on the results
of the vote at the foreign polling stations or the information about the
contents of the respective minutes of the vote count, transmitted by technical
means in accordance with part six of Article 87 of this Law.
2. After
approving and examining the vote count record forms of the polling station
election commissions of the foreign polling stations, at the same meeting, the
Central Election Commission shall establish the following data within the
foreign election district, on the grounds of the vote count record forms at the
polling stations and the information about the contents of such record forms of
the polling station election commissions, transmitted by technical means:
1) the number
of election ballots received by the Central Election Commission;
2) the number
of election ballots invalidated by the Central Election Commission;
3) the number
of election ballots received by the polling station election commissions of the
foreign election district;
4) the number
of unused election ballots invalidated by the polling station election
commissions of the foreign election district;
5) the number
of spoiled election ballots at the polling stations of the foreign election
district;
6) the total
number of voters entered in the complete voter list for the polling stations of
the foreign election district;
7) the number
of voters, who received the ballot papers within the foreign election district;
8) the number
of election ballots at the polling stations of the foreign election district,
which are not liable to be counted;
9) the total
number of voters, who took part in the voting within the foreign election
district;
10) the number
of election ballots declared invalid;
11) the number
of votes cast for all the parliamentary candidates from the party entered in
the complete list of the parties; for every respective party;
12) the
summarized number of votes cast within the foreign election district for all
the parliamentary candidates from all the parties, entered in the complete list
of the parties.
3. The data on
the results of the vote within the foreign election district shall be announced
at the meeting of the Central Election Commission and entered in figures and
words into the Central Election Commission minutes of the results of the vote
within the foreign election district.
4. The minutes
indicated in part three of this Article shall be drawn up in the order
envisaged by parts two, eight – ten of Article 91 of this Law in compliance
with the regulations envisaged by part four and five of this Article. The data
indicated in items 3-12 part one of this Article shall be entered into the
Central Election Commission minutes on the results of the vote within the
foreign election district in figures for every foreign polling station, and
summarized number in figures and words for the foreign election district.
5. The Central
Election Commission record on the results of the vote within the foreign
election district shall be drawn up in duplicate. The record shall be signed by
the chairperson, deputy chairperson, secretary and other Central Election
Commission members, who were present at the meeting, and certified by the seal
of the Central Election Commission. The record shall indicate the date and time
(hour and minutes), when it was signed by the Central Election Commission
members. The Central Election Commission member, who was present at the
meeting, is obliged to sign up the record on the results of the vote. In case they disagree with the established results of the vote recorded in the Central Commission
record, the Central Election Commission member shall sign the record with a
mark “Dissenting Opinion”. The written account of the dissenting opinion shall
be attached to the record on the results of the vote. In case the signature of the Central Election Commission member is absent from the minutes, there
shall be the reason for the absence indicated opposite their name. The
representatives of the party in the Central Election Commission, the authorized
persons from the parties in the national election district, who were present
during the procedure of establishing the results of the vote within the foreign
election district, shall have the right to sign up the first copy of the
minutes. The contents of the record shall be immediately publicized at the
official website of the Central Election Commission.
6. The party
representatives in the Central Election Commission or the authorized persons
from the parties in the national election district shall be immediately given
the copies of the Central Election Commission records (including the one marked
“Revised”) at their request, on the results of the vote within the foreign
election district, one copy of the respective record per every party. The
mentioned copies shall be certified by the Central Election commission
Chairperson and secretary and by the seal of the Central Election Commission.
7. The Central
Election Commission is obliged to establish the results of the vote within the
foreign election district irrespective of the number of foreign polling
stations, at which the election was declared invalid.
8. It is
inadmissible to declare the election invalid within the foreign election
district.
Article 93.
Order of Receiving and Examining Records of District Election Commissions by
Central Election Commission
1. At its
Meeting the Central Election Commission shall examine and approve the records
on the results of the vote and the outcome of the election within the
territorial election district from the district election commissions. The data
of the indicated record shall be announced by the chairperson or deputy
chairperson of the respective district election commission. The time of
approving the record of the district election commission by the Central
Election Commission and the data registered in the record shall be recorded in
the record of the Central Election Commission meeting.
2. In case of detecting corrections, mistakes, inaccuracies in the district election commission record
on the results of the vote within the territorial election district, the
Central Election Commission can oblige by its decision the district election
commission to introduce changes into the established results within the
territorial election district in the order established by part eight of Article
90 of this Law, which shall be entered in the record of the Central election
Commission meeting. While the district election commission examines this
question, the copies of the record on the results of the vote and the outcome
of the election submitted to the Central Election commission and all the
appended documents shall be kept in the custody of the Central election
Commission.
3. The
district election commission is obliged to examine the question on introducing
changes to the established results of the vote and the outcome of the election
within the territorial election district in the time period established by the
Central Election Commission, when necessary by recounting the votes at some
polling stations of the territorial election district. The record with the mark
“Revised” shall be drawn up in the order envisaged by part ten of Article 91 of
this Law. The indicated record and other necessary election documents shall be
transported to the Central Election Commission in the order established by part
thirteen of Article 91 of this Law.
4. The
district election commission record on the results of the vote and the outcome
of the election within the territorial election district with the mark
“Revised” shall be approved by the Central Election Commission in the order
established by part one of this Article.
Article 94.
Establishing Outcome of Election in National Election District
1. At its
meeting the Central Election Commission shall establish the outcome of the
parliamentary election in the national election district and draw up the record
on the grounds of the records on the results of the vote and the outcome of the
election of the district election commissions within the respective territorial
election districts, including the record marked “Revised” and the record of the
Central Election Commission on the results of the vote in the foreign election
district, no later than the fifteenth day after election day. The record of the
outcome of the parliamentary election shall contain the following data in
figures and words:
1) the number
of election ballots made to order of the Central Election Commission;
2) the number
of unused election ballots invalidated by the Central Election Commission;
3) the number
of election ballots received by the district election commission;
4) the number
of unused election ballots invalidated by the district election commissions;
5) the number
of election ballots received by the polling station election commissions;
6) the number
of unused election ballots invalidated by the polling station election
commissions;
7) the
total number of unused election ballots;
8) the
total number of spoiled election ballots;
9) the
total number of voters entered in the complete voter list of the polling
stations;
10) the number of voters
entered into the voter list extract of the poling stations;
11) the number of voters who
received the election ballots in the voting premises;
12) the number of voters who
received the election ballots at their place of residence (temporary stay);
13) the total number of voters,
who received the election ballots;
14) the number of voters, who
took part in the voting in the voting premises;
15) the number
of voters, who took part in the voting at their place of residence (temporary
stay);
16) the number of election
ballots at the polling stations, which are not liable to be counted;
17) the total number of voters,
who took part in the voting;
18)
the number of election ballots declared invalid;
19)
the percentage of the election ballots declared invalid in proportion to
the number of voters, who took part in the voting;
20)
the number of votes cast for every parliamentary candidate entered in
the parliamentary candidates’ list from every party within the respective
territorial election district in the national election district;
21)
the share of the electoral quota of the territorial election district
(in percentage), which falls short of the full quota of the territorial
election district and which is calculated by way of multiplying the difference
between one and the figure received by dividing the number of votes cast for the respective parliamentary candidate within the respective territorial election
district by the electoral quota of the territorial election district, by 100
per cent;
22)
the summarized number of votes cast for all the parliamentary
candidates entered in the parliamentary candidates’ list from every party, in
the national election district; every party separately;
23)
the percentage of the summarized number of votes cast for all the
parliamentary candidates entered in the parliamentary candidates’ election list
from every party in the national election district, in proportion to the number
of voters, who took part in the voting within the national election district;
24) the
summarized number of parliamentary candidates entered in the parliamentary
candidates’ list from every party in the territorial election districts, for
whom the figures obtained as a result of dividing the number of votes cast for every one of them within the territorial election district by the electoral quota of the
territorial election district are either bigger than one or equal one.
2. The data on
the results of the vote shall be entered into the Central Election Commission
record on the results of the vote in the parliamentary election in the national
election district in figures and words. The data indicated in items 3-24 of
part one of this Article shall be entered in figures on every territorial
election district. The data indicated in items 3-9, 11, 13, 14, 16-19, 2, 23 of
part one of this Article shall be entered in figures on the foreign election
district as well. The data indicated in items 3-19, 22, 23 of part one of this
Article shall be entered in summarized figures and in words on the national
election district. The data indicated in items 20, 21 of part one of this
Article shall be entered in figures on every territorial election district and
on every party, from which the parliamentary candidates were nominated in the
territorial election district, in the ascending order of their shares of
electoral quota, as envisaged by point 21 of part one of this Article,
beginning with the least share of the electoral quota.
3. The
entitlement to the participation in the distribution of the deputy mandates
shall be acquired by the parliamentary candidates entered in the election list
of the parties in the territorial election districts and in the national
election district, provided that no less than two per cent of the votes of all
the voters, who took part in the voting within the national election district, have
been cast for the parliamentary candidates from this party within the national
election district.
4. The
entitlement to the participation in the distribution of the deputy mandates
shall not be acquired by the parliamentary candidates entered in the election
list of the parties in the territorial election districts and in the national
election district, if less than two per cent of the votes of all the voters,
who took part in the voting within the national election district, have been cast for the parliamentary candidates from this party within the national election district.
5. The deputy
mandates shall be distributed between the election lists of the parties
envisaged by part three of this Article in proportion to the summarized number
of votes cast for all the parliamentary candidates entered in the election
lists of every party as envisaged by part three of this Article in the sequence
determined by parts six – nine of this Article.
6. On the
grounds of the data indicated in point 22 of part one of this Article, the
Central Election Commission shall establish the summarized number of votes cast for all the parliamentary candidates entered in the parliamentary candidates’ election lists
in the national election district from all the parties envisaged by part three
of this Article.
7. The number
of votes necessary for acquiring one deputy mandate (further on – electoral
quota of the national election district) is calculated by way of dividing the
summarized number of votes established in accordance with part six of this
Article by four hundred fifty.
8. The
summarized number of votes cast for all the parliamentary candidates entered in
the election list in the national election district from the party envisaged by
part three of this Article is to be divided by the electoral quota of the
national election district. The integer part of the received figure constitutes
the number of deputy mandates, which will be obtained by the parliamentary
candidates from this party. The fractional remains shall be taken into
consideration while distributing the remaining deputy mandates in accordance
with part nine of this Article.
9. The
parties, whose election lists have comparatively bigger fractional remains
after the act of division according to part eight of this Article, shall
acquire one additional deputy mandate beginning with the election list of the
party, which has the biggest fractional remains. In case the fractional remains
of the two or more election lists of the parties are the same, the first additional
mandate shall be acquired by the election list of the party, for the
parliamentary candidates of which a bigger summarized number of votes within
the national election district have been cast. The distribution of the deputy
mandates shall be over after the total number of deputy mandates has been exhausted.
10. After
determining the number of mandates each party within the national election
district is to obtain, the Central Election Commission shall determine the
parliamentary candidates, entered in the parliamentary candidates’ election
lists from the respective party in the territorial election districts and
national election district, who are considered elected deputies.
First and
foremost, the parliamentary candidates shall be recognized elected deputies, if
the numbers, received as a result of dividing the number of the votes cast for every one of them within the territorial election district by the electoral quota of the
territorial election district, are bigger than one or equal one. These deputies
shall be recognized elected in the territorial election districts.
Within the
received remainder, the number of deputies elected in the territorial election
districts is subtracted from the number of mandates, which the party received
within the national election district. The parliamentary candidates entered
into the parliamentary candidates’ election list from the party in the national
election district at the first five ordinal numbers in the amount, which cannot
exceed the received remainder and be bigger than five. Such parliamentary
candidates are recognized elected irrespective of the number of votes cast for every one of them in the respective territorial election districts (territorial election
district) in the order determined by the parliamentary candidates’ election
list in the national election district. While determining the respective
parliamentary candidates, the candidates who were elected deputies in the
territorial election district, shall not be counted. The parliamentary candidates
entered into the parliamentary candidates’ election list in the national
election district registered at the first five ordinal numbers, who are
recognized elected deputies, shall be considered elected in the national
election district.
The number of
deputies elected in the territorial election districts and the number of
parliamentary candidates entered into the parliamentary candidates’ election
list in the national election district under the first five ordinal numbers,
who are recognized elected, is to be subtracted from the number of mandates the
party has obtained within the national election district. Within the received
remainder, the parliamentary candidates entered into the party election lists
are recognized elected whose numbers, defined in the order established in point
part six of Article 91 of this Law, are less than the corresponding numbers
defined for other parliamentary candidates entered into the same party election
lists, in the amount that equals the received remainder. Should these numbers,
defined for two or more parliamentary candidates from such a party be equal,
the one recognized elected shall be the parliamentary candidate, for whom the
remainder between the number of votes necessary to be elected in the
territorial election district, in which they were nominated, is less than the
remainder for the parliamentary candidates from the same party, for whom the
remainder was defined analogically and whose numbers determined in the order
established in point three part six of Article 91 of this Law and point 21 part
one of Article 94 of this Law are equal. The parliamentary candidates entered
into the party election lists, for whom the numbers defined in the order
established by point three part six of Article 91 of this Law and point 21 part
one of Article 94 of this Law are less than the corresponding numbers defined
for other parliamentary candidates entered into the same party lists and who
are recognized elected deputies, shall be recognized elected in the respective
territorial election districts.
11. The number
of deputy mandates obtained by the parties – subjects of the election process
in the national election district in accordance with the requirements of part
nine of this Article determined and the persons recognized elected deputies
defined in accordance with part ten of this Article, the Central Election
Commission shall indicate the following in the record on the results of the
vote of parliamentary candidates in the national election district:
1) the summarized
number of votes cast for all the parliamentary candidates entered in the
election list in the national election district from all the parties as envisaged by part three of this Article;
2) the
electoral quota of the national election district;
3) the number
of deputy mandates obtained by every party – subject of the election process,
envisaged by part three of this Article, in the national election district;
4) the elected
deputies’ full names (last name, first name, patronymic), year of birth,
profession, post (occupation), place of work, election address, party
affiliation (if any); the number of the territorial election district, in which
the deputy is recognized elected, or the indication of the national election
district for the deputies, who are recognized elected in the national election
district.
12. The
Central Election Commission shall draw up the record on the outcome of the
election in the national election district in duplicate. The record shall be
signed by the Chairperson, the deputies of the Chairperson, secretary and other
members of the Central Election Commission, who were present at the Central
Election Commission meeting, and certified by the seal of the Central Election
Commission. The record shall indicate the date and time (hour and minutes),
when it was signed by the Central Election Commission members. The Central
Election Commission member, who is present at the meeting, is obliged to sign
up the record on the outcome of the election of parliamentary candidates in the
national election district. In case they disagree on the established outcome of
the election, registered in the record of the Central Election commission, the
Central Election Commission member shall sign the record with a mark
“Dissenting Opinion”. The written account of the dissenting opinion shall be
attached to the record on the outcome of the election within the national
election district. In case the signature of the Central Election Commission
member is absent from the record, there shall be the reason for the absence of
the Central Election Commission member from its meeting indicated opposite
their name. The representatives of the parties in the Central Election
Commission, the authorized persons from the parties, who were present during
the procedure of establishing the outcome of the election within the national
election district, have the right to sign up the first copy of the record. The
contents of the record shall be immediately publicized at the official website
of the Central Election Commission.
13. The
Central Election Commission is obliged to establish the outcome of the
parliamentary election in the national election district irrespective of the
number of polling stations, at which the election was declared invalid.
Article 95.
Promulgation of Election Outcome
1. The Central
Election Commission shall promulgate the outcome of the parliamentary election
in the national election district no later than the fifth day after the outcome
of the election has been established in the newspapers “Holos Ukrayiny” and
“Uryadovy Kuryer”. The list of the elected deputies shall be published with the
indication of their full names (last name, first name and patronymic) in the
alphabetical order, year of birth, education, post (occupation), place of work,
election address, party affiliation (in case the deputy is a party member), the
full name of the party, from which the deputy has been elected, the number of
the territorial election district, in which the deputy is recognized elected,
or the indication of the national election district – for the deputy who is
recognized elected in the national election district.
2. The
promulgation of the outcome of the election of parliamentary candidates by the
Central Election Commission shall be the reason for their being dismissed from
work (post) incompatible with the deputy mandate and for making the decision on
the termination of the other representative mandate validity of the person
elected deputy.
Article 96.
Order of Cost Recovery of Party, Related to Financing Their Electioneering
1. The
parties, which took part in the distribution of deputy mandates, shall be
entitled for the cost recovery at the expense of the State Budget of Ukraine of
the funds related to financing their electioneering, in the size of actually
incurred expenses, however, no bigger than one hundred thousand of minimum
wages for every party.
2. On the
grounds of the financial report on receiving and using the funds of the party’s
election funds submitted in the order prescribed by part six Article 47 of this
Law, the Central Election Commission shall make a decision on reimbursing the
expenses related to financing its electioneering or refusing in such
reimbursement, in the terms no later than the fifteenth day after the outcome
of the election has been promulgated. In case of the partial failure of the
Central Election Commission in cost recovery, the sum of the party expenses
related to financing their electioneering declared in the financial report
shall be reduced by the protested size.
3. The reason for refusal in reimbursing the party expenses related to its electioneering can be
accounted for by detecting by the Central Election Commission the data in the
financial report on receiving and spending the funds of the party’s election
funds and the facts testifying about the violation of this Law requirements to
the order of forming the party’s election funds, established by this Law, or on
spending the party’s election funds on the purposes not envisaged by part four
Article 45 of this Law.
4. The copy of the Central Election
Commission decision on reimbursing the expenses related to financing its
electioneering or the refusal of such reimbursement shall be given to the party
it concerns, in terms no later than the second day after this decision has been made.
5. The Central
Election Commission decision on the refusal in reimbursing the party expenses
related to financing its electioneering can be appealed against in court.
6. The funds
for reimbursing the party expenses related to its electioneering are envisaged
by the Law on the State Budget of Ukraine for the year, following the year of
holding parliamentary election of Ukraine. The main funds administrator for
reimbursing the parties for the expenses related to their electioneering shall
be the Central election Commission.
7. On the
grounds of the corresponding decision of the Central Election Commission, the
funds assigned for reimbursing the party for the expenses related to financing
its electioneering shall be transferred by the Central Election Commission on
the account of the respective party no later than the thirtieth day on the
entry into force of the Law on the State Budget of Ukraine, which according to
part six of this Article envisages reimbursement to the parties for their
expenses related to financing their electioneering.
Article 97.
Registration of Elected Deputies
1. To be
registered elected deputy of Ukraine, the person, who was elected deputy, is
obliged to submit to the Central Election Commission the document on their
dismissal from work (post), incompatible with the deputy mandate and (or) the
copy of the registered application on the termination of the other
representative mandate, submitted to the respective council, in the terms no
later than the twentieth day after the outcome of the parliamentary election has been promulgated.
2. In case the person elected deputy applies to the Central Election Commission about the valid reasons, which prevent them from fulfilling the requirements of part one of this Article, the
Central Election Commission can make a decision on acknowledging these reasons valid and fix another target date of fulfilling the mentioned requirements or the refuse
to acknowledge these reasons valid.
3. While
receiving the documents mentioned in part one of this Article, the Central
Election Commission shall make a decision on the registration of the person
elected people’s deputy of Ukraine.
4. In case the person elected deputy fails to fulfill the requirements of part one of this Article in
the terms stipulated in parts one and two of this Article, the Central Election
Commission shall take a decision on acknowledging them as the one who refused
from the deputy mandate and recognizes the parliamentary candidate, who is
defined in accordance with the order of priority, as elected deputy, as envisaged by paragraph four part ten Article 94 of this Law
5. The Central
Election Commission shall grant the temporary certificate of the people’s
deputy of Ukraine of the established pattern to the person registered elected
people’s deputy of Ukraine, no later than the seventh day after the day of
registration.
6. The Central
Election Commission decision on the registration of the deputy and the
temporary certificate of the people’s deputy of Ukraine shall be the grounds
for them for taking the oath of the people’s deputy of Ukraine.
Article 98.
Credentials and Badge of People’s Deputy of Ukraine
The Central
Election Commission shall grant them the credentials of the people’s deputy of Ukraine and the badge of the established pattern no later than the seventh day after the people’s
deputy of Ukraine took the oath.
Article 99.
Replacement of Deputies, Whose Authorities Have Been Terminated
1. In case of early termination of the deputy’s authority on the grounds and in the order stipulated by
the Constitution of Ukraine and legislation of Ukraine, no later than the sixth
day after receiving the corresponding decision or the death certificate copy,
the Central Election Commission by its decision shall elect the parliamentary
candidate from the respective party, who is defined in accordance with the
order of priority, as envisaged by paragraph four part ten Article 94 of this
Law and after the entry into force of the court decision. If the priority for
receiving the deputy mandate is exhausted, the deputy mandate shall remain
vacant until the conduct of the next regular or pre-term election.
2. The
registration of the person as elected people’s deputy of Ukraine in accordance
with part one of this Article and granting them the temporary credentials of
the people’s deputy of Ukraine shall be performed by the Central Election
Commission in the order prescribed by Article 97 of this Law.
Chapter XI. EARLY
(PRE-TERM) ELECTIONS
Article
100. General Peculiarities of Preparing and Holding Pre-Term Parliamentary
Elections
1. Preparing
and holding pre-term parliamentary elections shall be performed in the order
and terms established by this Law, with the consideration of the peculiarities
established by this Article and Articles 101-105 of this Law.
2. While
conducting the pre-term parliamentary elections, the forms of the election
documents used shall be the ones approved (established) by the Central Election
Commission for the last regular parliamentary elections with a corresponding
change of date of holding the elections (except for the forms of the ballot
papers for voting in the territorial election district and for voting in the
foreign election district, vote count record forms of the polling station, vote
recount record forms of the district election commission, records of the
district election commission on the results of the vote and the outcome of the
election within the territorial election district, records of the Central
Election Commission on the results of the vote in the national election
district, records of the Central Election Commission on the outcome of the
parliamentary election in the national election district).
3. The format
and text of the ballot paper for voting in the territorial election district,
the format and the text of the ballot paper for voting in the foreign election
district shall be approved by the Central Election Commission no later than
twenty five days prior to election day. The control commission envisaged by
part four of Article 75 of this Law shall be formed at the request of the
fractions indicated in part one of Article 102 of this Law.
4. The terms
established by part four of Article 43, point two of part one of Article 54
related to the declaration of the beginning of the election process, shall
start on the day following the day when the Decree of the President of Ukraine
on the early termination of the authorities of the Verkhovna Rada of Ukraine.
5. The
non-governmental organization, which meets the requirements mentioned in part
one of Article 72 of this Law, can apply to the Central Election Commission
with the request of seeking permission to have official observers at the
pre-term parliamentary elections, no later than thirty days prior to election
day.
6. The Central
Election Commission shall officially publish the list of the non-governmental
organizations, which were granted permission to have official observers at the
parliamentary elections, in the newspapers “Holos Ukrayiny” and “Uryadovy
Kuryer” no later than twenty days prior to election day.
7. The Central
Election Commission shall approve the format of the vote count record forms of
the polling stations on the results of the vote and the outcome of the election
within the territorial election district, of the district election commission
on the results of the vote and the outcome of the election within the
territorial election district, of the Central Election Commission on the
results of the vote and the outcome of the election within the foreign election
district, of the Central Election Commission on the outcome of the
parliamentary elections in the national election district.
8. The
pre-term parliamentary elections shall be declared invalid if less than half
the number of the voters entered in the complete voter list took part in them.
9. In case the pre-term elections have been declared invalid, the Central Election Commission shall
declare about the beginning of the repeated pre-term parliamentary elections no
later than two months from the day of the pre-term elections. The repeated
pre-term parliamentary elections shall be held in the order and terms
established by this chapter. It should be noted that the requirement of part
eight of this Article shall not be applied at the repeated pre-term elections.
Article
101. Peculiarities of Territorial Organization of Pre-Term Parliamentary
Elections
1. For holding
pre-term parliamentary elections, the territorial election districts envisaged
by this Law shall be used.
2. The information
on the numbers, boundaries and centers of the territorial election districts
shall be published by the Central Election Commission in the newspapers “Holos
Ukrayiny” and “Uryadovy Kuryer” within a three day period from the day of
beginning of the election process, whereas in the regional printed media -
within a seven day period from the day of beginning the election process.
3. For holding
pre-term parliamentary elections, the permanent regular, specialized and
foreign polling stations shall be used.
4. No later
than thirty-two days prior to election day, provided there are sufficient
grounds as envisaged by parts four – six of Article 20 of this Law, Kyiv city
Mayor, head of Sevastopol city state administration, heads of district state
administrations, city mayors of oblast, republican (in Autonomous Republic of
Crimea) subordination are obliged to introduce their submissions in the Central
Election Commission as to the formation of new permanent regular polling
stations, the submissions on the cancellation of permanent regular polling
stations, the submissions on the introduction of changes in the data on
permanent regular polling stations. The request shall contain the data
envisaged by part six of Article 19 of this Law as well as respective reasons for the formation, for the cancellation of constant regular polling station, for the
introduction of changes into the data on the constant regular polling station.
5. The Central
Election Commission shall make the decisions on the formation, cancellation of
the permanent regular polling station, on the introduction of changes in the
data on the permanent regular polling station no later than thirty days prior
to election day.
6. The Central
Election Commission shall publish the decisions on the formation, cancellation
of the permanent regular polling station, on the introduction of changes in the
data on the permanent regular polling station with the indication of the
numbers of the respective polling stations and the data envisaged by part six
of Article 19 of this Law, no later than the third day after the day they were
published in the national printed mass media, and no later than the fifth day
after it was published – in the regional printed mass media.
7. No
later than twenty eight days prior to election day, provided there are
sufficient grounds envisaged by parts five through seven of Article 21 of this
Law, Kyiv city Mayor, head of Sevastopol city state administration, heads of
district state administrations, city mayors of oblast, republican (in Autonomous
Republic of Crimea), subordination, the commanders of military units (groups),
which are located at a considerable distance from inhabited area are obliged to
introduce their applications into the Central Election Commission on the
formation of new permanent specialized regular polling stations, the
application on the cancellation of permanent regular specialized polling
stations, or the application on the introduction of changes into the data on
permanent specialized regular polling stations. It is obligatory that the
aforesaid application contain the data envisaged by part six of Article 19 of
this Law as well as the reasons for the formation, cancellation of the
permanent regular specialized polling station, introduction of changes into the
data on the permanent specialized polling station.
8. The Central
Election Commission shall make decisions on the formation, cancellation of the
specialized polling station, introduction of changes into the data on the
permanent specialized polling station no later than twenty five days prior to
election day.
9. In the
exceptional case, when a new in-patient medical establishment, a penitentiary
institution or any other institution or establishment for the temporary stay of
physically challenged voters, has been opened, in case of the formation or
stationing of the military unit (group), which was stationed at a considerable
distance from the inhabited area, the Central Election Commission can form a
permanent specialized polling station at the request application from the
respective district election commission, no later than twenty days prior to
election day. Such an application shall be submitted no later than twenty five
days prior to election day. The grounds for such an application is the request
from the respective subject, mentioned in part four of Article 21. The
aforesaid application shall be submitted no later than twenty six days prior to
election day.
10. The
Central Election Commission shall publicize its decision on the formation,
cancellation of the permanent specialized polling station, on the introduction
of changes in the data on the permanent specialized polling station with the
indication of the numbers of the respective polling stations and the data
envisaged by part six of Article 19 of this Law, no later than the third day
after it was approved in the national printed mass media, and no later than the
fifth day after it was approved – in the regional printed mass media.
11. No later
than thirty two days prior to election day, provided that there are grounds
envisaged by parts four – seven of Article 22 of this Law, the Ministry of
Foreign Affairs of Ukraine shall submit to the Central Election Commission the
submission on the formation of new permanent foreign polling stations, the submission
on the cancellation of permanent foreign polling stations, the submission on
the introduction of changes in the data on permanent foreign polling stations
with the indication of the data envisaged by part six of Article nineteen of
this Law, as well as the grounds respectively for the formation, cancellation
of the permanent foreign polling station, for the introduction of changes in
the data on the permanent foreign polling station.
12. The
Central Election Commission shall make decisions on the formation, cancellation
of the permanent foreign polling station, on the introduction of changes in the
data on the foreign polling station no later than thirty days prior to election
day.
13. The
Central Election Commission shall publicize its decision on the formation,
cancellation of the permanent foreign polling station, on the introduction of
changes in the data on the permanent foreign polling station with the
indication of the numbers of the respective polling stations within the foreign
election district and the data envisaged by part six of Article nineteen of
this Law, no later than the third day after it was approved in the national
printed mass media.
Article
102. Peculiarities of Forming Election Commissions at Pre-Term
Parliamentary Elections
1. The Central
Election Commission shall form the district election commissions no later than
the tenth day after the beginning of the election process. The deputy
fractions, which were formed in the current convocation of the Verkhovna Rada
of Ukraine (further on – fractions), shall submit the candidatures to the staff
of the district election commissions. The submission of the candidatures from
the fraction shall be signed by the head of the fraction, whose signature is to
be certified in the Apparatus of the Verkhovna Rada of Ukraine or notarized, and it shall be forwarded to the Central Election Commission no later than the
eighth day after the beginning of the election process.
2. The number
of candidatures, which are entered in the staff of the district election
commission at the submission from every fraction, indicated in part one of this
Article, shall be defined by the Central Election Commission no later than the
day after the beginning of the election process, in terms of the restrictions in
the quantitative composition of the commission established by part one of
Article 26 of this Law and in compliance with equal representation of the
coalition of deputy fractions and the opposition (the group of deputy
fractions, which do not enter the coalition), formed in the Verkhovna Rada of
the current convocation, and the equal number of candidatures from every
fraction separately within the representation of the coalition and opposition.
3.
The executive positions in the district election commission shall be
distributed according to the order established by Article 26 of this Law. It
should be noted that the chairperson and the secretary of one commission cannot
represent only the coalition or the opposition.
4. In case the submissions from the fractions have not been made by the time indicated in part one of
this Article or if the number of people proposed by the fraction to the staff
of the election commission makes up less than the established percentage of the
representation for this fraction, other fractions entering respectively the
coalition or the opposition shall be entitled to make the submissions for the
candidatures in the amount sufficient for the compliance of the representation
of the coalition (opposition). Such a submission can be made no later than the
day after the period of making the submissions in accordance with part one of
this Article has expired.
5. In case the submissions regarding the staff of the district election commissions have not been made
by the time established by part one of this Article, or the number of proposed
people to the staff of the district election commission makes up less than
twelve, the Central Election Commission is obliged to form the district
election commission at the submission of the Central Election Commission
Chairperson in the amount of twelve people with the obligatory consideration of
the candidatures submitted from the fractions as indicated in part one of this
Article.
6. The polling
station election commissions shall be formed no later than fifteen days prior
to election day, and in the exceptional case of the formation of the permanent
specialized polling station in accordance with part ten of Article 21 of this
Law, - simultaneously with the formation of polling stations at the submissions
from the fractions indicated in part one of this Article.
7. The polling
station election commission shall be composed of:
1) for small
polling stations – 9-14 people;
2) for average
polling stations – 13-18 people;
3) for big
poling stations – 18-23 people.
8. The
candidatures to the staff of the polling station election commissions of
regular and specialized polling stations shall be submitted by the fractions
indicated in part one of this Article, while the candidatures to the staff of
the polling station election commissions of foreign polling stations shall be
submitted by the fractions indicated in part one of this Article and by the
Ministry of Foreign Affairs of Ukraine. The submissions as to the candidatures
from the fractions shall be made and signed by the head of the fraction or the
person authorized by the head of the fraction, whose signature at the
respective submission or warrant shall be certified in the Apparatus of the
Verkhovna Rada of Ukraine or notarized. The indicated warrant shall be valid
until election day inclusive, if no other specific provisions are indicated in
the warrant. The decision copy, which is to be kept in the respective
commission, shall be enclosed along with the submission. The submission shall
be made to the respective district election commission (submissions of the
candidatures to the staff of the polling station election commissions – to the
Central Election Commission) no later than twenty days prior to election day;
it should be noted that the person authorized to make a submission shall
produce one of the documents indicated in part five Article 2 of this Law.
9. The number
of candidatures, which are to be enrolled into the staff of
the polling station election commission from every fraction, indicated in part
one of this Article, shall be defined by the Central Election Commission no
later than fourty days prior to election day, on the basis of restrictions in
the quantitative composition of the commissions established by part seven of
this Article and in the compliance with equal representation from every
fraction.
10. The executive positions in the polling station election commission
shall be distributed according to the order established by Article 27 of this
Law. The chairperson and the secretary of one commission cannot represent only
the coalition or the opposition.
11. In case the submissions from the fractions as to the staff of the polling station election
commission have not been made by the time indicated in part eight of this
Article or the number of people proposed to the staff of the polling station
election commission makes up less than the minimum quantity established by part
seven of this Article, the district election commission (in case of the foreign election district – the Central Election Commission) is obliged to form the
polling station election commission at the submission of the chairperson of
this election commission in the minimal staff established by part seven of this
Article with the obligatory consideration of the candidatures submitted from
the fractions as mentioned in part one of this Article, and in case of the polling station election commission of the foreign polling station – with the
obligatory consideration of the candidatures submitted from the Ministry of
Foreign Affairs of Ukraine.
12. The
clarifications as to forming the polling station election commissions and
distributing the executive positions in these commissions, while holding the
pre-term parliamentary elections, shall be approved by the Central Election
Commission no later than thirty days prior to election day.
13. The
obligatory training of the members of the polling station election commissions
of regular and specialized polling stations as well as of the members of the
district election commissions in the questions of organizing the election
process, while holding the pre-term parliamentary elections, shall be held for
no longer than three days.
Article
103. Peculiarities of Nominating and Registering Parliamentary Candidates
at Pre-Term Parliamentary Elections
1. The
nomination of the parliamentary candidates shall start on the next day after
the Decree of the President of Ukraine on the early termination of the
authorities of the Verkhovna Rada of Ukraine and end fourty days prior to
election day.
2.
The submission of the documents to the district election commission for
registering the parliamentary candidates shall end thirty five days prior to
election day. The district election commission shall approve the decisions as to registering the candidates no later than the third day after the applications on the
registration of parliamentary candidates and the appended documents have been
submitted. In case the parliamentary candidates have been refused in the
registration because the documents they have submitted for registration have
been inadequately filled in, they can repeatedly submit their corrected
documents in accordance with part three of Article 58 of this Law no later than
thirty days prior to election day.
3. The
registration of parliamentary candidates shall end twenty seven days prior to
election day.
4. The size
and amount of the parliamentary candidates’ photographs, who have been entered
in the parliamentary candidates’ election lists from the party in the
territorial election districts and in the national election district shall be
established by the Central Election Commission no later than the third day
after the Decree of the President of Ukraine on the early termination of the
authorities of Verkhovna Rada of Ukraine has been published.
5. The
district election commission shall approve the complete parliamentary
candidates’ lists in the territorial election district no later than twenty
days prior to election day.
Article
104. Peculiarities of Financial and Logistical Support of Pre-Term
Parliamentary Elections
1. The
district election commission shall draw up an estimate of expenditures for
preparing and holding the pre-term elections within five days from the day of
its formation, as envisaged by part six of Article 43 of this Law, and submit
it to the Central Election Commission no later than the seventh day after the
district election commission has been formed.
2. The party
that is the election process subject shall open its election fund savings
account no later than the fifth day after all the district election commissions
have registered the parliamentary candidates from this party, who were entered
in the parliamentary election lists from the party in the territorial election
districts and in the national election district.
3. The
parliamentary candidate nominated by the party shall open the election fund
account no later than the fifth day after they have been registered by the
respective district election commission.
4. The
procedure of opening and closing the election fund account of the party, of the
parliamentary candidate, as well as the party’s financial accountability of the
parliamentary candidate shall be carried out in the order and format, which
were applied during the last regular parliamentary elections.
Article
105. Peculiarities of Pre-Election Campaigning at Pre-Term Parliamentary
Elections
1. The
information brochures about the parliamentary candidates shall be published in
the order established by this Law no later than fifteen days prior to election
day. The information brochures about the parliamentary candidates shall be
delivered to the polling station election commissions no later than seven days
prior to election day.
2. The local
bodies of executive power, the self-government local bodies shall allot places
and fit the stands and notice boards in public places for displaying the
materials of the pre-election campaign no later than fifty days prior to
election day.
3. The Central
Election Commission shall establish the order of providing printed space at the
expense and within the funds of the State Budget of Ukraine, which shall be
allotted for preparing and holding the elections, no later than twenty six days
prior to election day.
4. The
respective mass media means shall establish the tariffs for one unit of printed
space and one unit of airtime as indicated in parts six and seven of Article 64
of this Law no later than fifty one days prior to election day.
5.
The mass media shall officially inform the Central Election Commission of the
established tariff for one unit of printed space and one unit of airtime in
accordance with parts six or seven of Article 64 of this Law no later than
fifty days prior to election day. In accordance with part one of Article 65 of
this Law, the publication of the indicated tariffs shall be done no later than
fourty eight days prior to election day.
6. The
parties’ election manifestos envisaged by part one of Article 66 of this Law
shall be published in the newspapers “Holos Ukrayiny” and “Uryadovy Kuryer”.
The publications of election manifestos of the parties and parliamentary
candidates by the regional (local) printed media at the expense of the funds of
the State Budget of Ukraine, allotted for preparing and holding the elections,
shall not be allowed.
7. The
editorial staff of the newspapers “Holos Ukrayiny” and “Uryadovy Kuryer” are
obliged to inform the Central Election Commission on the specific issue dates
of the respective editions with the manifestos along with the indication of the
arrangement of these manifestos in every edition issue (newspaper columns).
8. The Central
Election Commission shall establish the order of priority of publishing the
election parties’ manifestos, indicated in part six of this Article, no later
than twenty five days prior to election day, by way of drawing lots with the
participation of party representatives in the Central Election Commission.
9. The Central
Election Commission shall ensure the placement in the national mass media of the clarification as to the prohibition of giving the voters, institutions,
establishments, organizations as well as the election commissions and their
members any commodities (except for the goods that carry the visual
representation of the name, symbols, party flag, the parliamentary candidate’s
full name (last name, first name and patronymic), their photograph, the
parliamentary candidate’s ordinal number in the complete parliamentary
candidates’ list in the territorial election district, under the condition that
the value of these commodities does not exceed three per cent of the minimum
wage), services, works, securities, credits, lottery tickets, other material assets (indirect subornation). The clarification text shall be approved by the Central Election
Commission, and published in the newspapers “Holos Ukrayiny” and “Uryadovy
Kuryer” twice a week on the first page and transmitted on the first channels of
the National Television Company of Ukraine and broadcast on the National Radio
Company of Ukraine, starting twenty days prior to election day, at the expense
of the funds of the State Budget of Ukraine, which shall be allotted for
preparing and holding elections.
10. Only the
Central Election Commission, the parties that are the election process subjects
as well as the parliamentary candidates entered in the complete parliamentary
candidates’ list in the respective territorial election districts can be
customers of the pre-election campaign materials.
11. The
materials of the pre-election campaign placed in the mass media must indicate
the full name of the party – customer of the pre-election campaign materials or
the parliamentary candidate’s full name (last name, first name and patronymic)
(in case the customer of the election campaign materials is a parliamentary
candidate). When the political advertisements are displayed it is mandatory
that the customer’s full name (the parliamentary candidate’s last name, first name and patronymic, the number of the territorial election district, the
ordinal number of the parliamentary candidate in the complete parliamentary
candidates’ list – if the customer of the political advertisement is the
parliamentary candidate) in the form of the text message, which shall take no
less than fifteen per cent of the screen size and be done in the color contrasting the background and be acceptable for the viewer.
Chapter XII. Appealing Against
Decisions, Action or Inaction
Regarding Process of
Parliamentary Elections. Responsibility
for Violation of
Election Legislation
Article
106. Subject of Appeal with Complaint
1. The subject
of appeal with a complaint regarding the parliamentary election process:
1) the
parliamentary candidate or on their behalf and in their interests – the person
presenting the parliamentary candidate;
2) the party –
subject of the election process in the person of its leader, the party
representative in the Central Election Commission, the authorized person from
the party or another person, authorized by the central party leadership
decision;
3) the party
official observer;
4) the
election commission, which exercises its authority as to the organization of
preparing and holding the parliamentary elections in the person of its
chairperson or the election commission member authorized by the election
commission decision;
5) the voter,
whose voting rights or interests protected by the legislation as to their participation in the election process including their right for the participation in
the work of the election commission or the observation, have been violated by
the decision, action or inaction of the subject of appeal.
2. The party
leader, the authorized person from the party, or the party representative in
the Central Election Commission shall act as the representative of the
respective party without additional authorities. The document, which confirms
the authorities of the authorized person from the party or the party
representative in the Central Election Commission, shall be the respective
certificate issued in the order established by this Law.
3. The person
presenting the parliamentary candidate shall act as the representative of the
respective parliamentary candidate without additional authorities. The
document, which confirms the authorities of the person presenting the
parliamentary candidate, shall be the respective certificate issued in the
order established by this Law.
Article
107. Object and Subject of Appeal
1. The
complaint regarding scheduling, preparing and holding the parliamentary
elections (further on – complaint), with the consideration of the peculiarities
established by Articles 114-118 of this Law, can be filed by the respective
subject of appeal with the complaint for the decision, action or inaction:
1) election
commission, election commission member;
2) body of
state power, self-government body, enterprise, institution or establishment,
their office holder or official;
3) civic associations, except for
the decisions and actions, which according to the Law, statute (regulations) of
civic organizations, refer to their intraorganizational activities or exclusively
to their competence;
4) mass media outlet, its office holder or official;
5) other
subject of the election process in accordance with Article 12 of this Law.
Article
108. Subject of Complaints Procedure
1. The subject
of complaints procedure, as envisaged by Article 107 of this Law, shall be the
election commission or court.
2. The subject
of addressing a complaint as envisaged by Article 106 of this Law can lodge a
complaint to the election commission or court, at their own choice.
3. The court,
which was appealed with a complaint envisaged by Article 107 of this Law, shall
immediately inform the respective election commission and the commission of a
higher level of receiving a complaint as well as of the decision approved by
the court.
4. If the
complaint has been received for court consideration, and the complaint
concerning the same question has been filed to the election commission on the
same grounds, the election commission shall terminate the consideration of the
complaint as soon as it receives the notice from the court about the arrival of
the complaint, until the court decision acquires legal validity.
Article
109. Terms of Appealing
1. The
complaint can be lodged to the election commission or to the court by the
subject of appeal during five days after the subject of appeal has made a decision, action or inaction, except for the cases established in parts two and three
of this Article.
2. The
complaint concerning the violation, which occurred before election day, can be
filed in the period established by part one of this Article, though no later
than twelve o’clock am, which precedes the day of voting.
3. The
complaint concerning the violation, which occurred during the voting, can be
submitted to the respective polling station election commission no later than
the voting is completed. The complaint concerning the decisions, action or
inaction of the election commission, its members, which occurred on the voting
day, during the vote count and while determining the results of the vote, can
be submitted to the election commission of a higher level or the court in a two
day period from the day when the decision was made, action or inaction.
4. The day on
which the inaction happened shall be the last day of the term, when the action
envisaged by the Law was to be performed, however, it was not.
5. The day of
filing a complaint is considered the day on which the complaint was actually received by the subject of the complaint consideration.
6. The term of
filing a complaint is not liable to be continued or renewed, except for the case when a complaint was filed for the second time after eliminating its shortcomings no later
than the day after it is left without consideration and returned by the subject
of complaint consideration in accordance with part three of Article 111 of this
Law.
7. Changes or
clarification of the requests of the subject that filed a complaint conducted
by the subject/entity that reviews the complaint which were caused by the
circumstances that the subject that filed a complaint had not been aware of
earlier, are not considered to be a new complaint and is not subject to the set
complaint review timelines limitations.
Article
110. Form and Contents of Complaint
1. The
complaint lodged with the election commission shall be done in written form.
The complaint shall contain the following:
1) the title
of the subject of complaint consideration, with which it is lodged;
2) the last name, first name and patronymic of the subject of appeal with the complaint, the place of
their residence (postal address) as well as the number of the means of
communication where they can be reached, e-mail address (if available);
3) the last name, first name and patronymic of the subject of appeal, the place of their residence
(postal address) as well as the number of the means of communication where they
can be reached, e-mail address (if available);
4) the kernel
of the problem dealt with;
5) the account
of circumstances and the indication of evidences on which the subject of appeal
grounds their claims;
6) accurately
formulated claims with the indication of the decision the subject of complaint
consideration is expected to approve;
7) the list of
appended documents and materials;
8) the
indication of the persons concerned, whom the subject of appeal with the
complaint considers it necessary to involve into the consideration of the
complaint;
9) the
signature of the subject of appeal with a complaint or the person presenting
them in accordance with Article 106 of this Law, with the indication of the
date of signature.
2. The
complaint on behalf of the election commission shall be lodged at the decision
of the election commission, which is to be appended to the complaint, and
signed by the chairperson at the meeting of the election commission, where the
decision on appealing with a complaint was approved, and certified by the seal
of the election commission.
3. The
complaint shall be supplemented with its copies and the copies of all the
documents, which are appended to it, in the amount equaling the number of the
subjects of appeal and the persons concerned, indicated in the complaint.
Article
111. Order and Terms of Considering Complaints
1. The
complaints consideration shall be performed in the order established by Law of
procedure with the consideration of all the peculiarities indicated by this
Law.
2. The
election commission shall perform the complaints consideration in the order
established by this Article.
3. The
complaint written without complying with the requirements of Article 110 of
this Law shall be returned accordingly by the Central Election Commission
chairperson or another member of the Central Election Commission by order of
the Central Election Commission Chairperson or the chairperson (or their
deputy) of the district or polling station election commission back to the
subject of appeal with a complaint without consideration no later than the day
after receiving the complaint, while the complaint lodged on the eve of the
voting day, on the voting day or the next day – without delay. When the
complaint is returned without consideration, it is required that the exhaustive
list of drawbacks hindering the complaint consideration as well as the possibility of the repeated appeal with a complaint be indicated, provided that the complaint
is written in compliance with the requirements of Article 110 of this Law in
the time period established by this Law.
4. Should the
complaint be lodged with the defects not corrected or with new shortcomings,
the subject of complaints consideration shall make a decision on dismissing the
complaint.
5. The
complaint written in compliance with the requirements of Article 110 of this
Law shall be considered by the court or the respective election commission at
its meeting no later than the fifth day after receiving it, except for the cases envisaged by parts six through eight of this Article.
6. The
complaint concerning the violations which occurred before election day shall be
considered by the election commission in the time period envisaged by part five
of this Article, though no later than the beginning of voting.
7. The
complaint submitted to the polling station election commission concerning the
violation, which occurred during the course of voting, shall be considered
immediately after the end of voting.
8. The
complaint submitted to the higher election commission or to the court
concerning the violation, which occurred on the voting day, during the vote
count and while determining the results of the vote at the polling station,
shall be considered by the respective subject of complaints consideration
within a two day period from the day of its submission.
9. If while
considering the complaint the election commission considers it necessary to
verify the circumstances indicated in the complaint by the law enforcement
body, the respective law enforcement body shall verify these circumstances at
the election commission request and shall take the respective measures on putting an end to the law violation within a three day time period from the day of
receiving the election commission appeal; and if such an appeal arrived less
than three days before the voting day, on the voting day or on the day
following it, - immediately. The respective law enforcement bodies shall inform
the election commission, which appealed to them, on their investigation results
and the measures taken.
10. While
considering the complaint it is obligatory that the subject of complaints
consideration inform the subject of appeal with the complaint, the subject of
appeal and other persons concerned by sending a registered telegram, facsimile
message or by electronic mail on the time and venue of considering the
complaint. It is also allowed to inform the subject of appeal with the
complaint, the subject of the appeal and persons concerned on the time and
place of considering the complaint on the telephone with recording it by the
official person of the subject of appeal with the complaint by the written
certificate, which shall be appended to the case (minutes). In case of persons that were duly notified about the meeting of the subject of complaint
consideration have not arrived for such meeting it does not present an obstacle
in the complaint consideration.
11. The copies
of the complaints and other appended documents shall be issued to the subject
of appeal and other persons concerned in advance, and in case it is impossible – no later than the beginning of the complaint consideration. The subject
of appeal has the right to submit the written explanations on the complaint
dealt with, which shall be taken to the consideration by the subject of
complaints consideration.
12. The
subject of complaints consideration shall make a decision on dismissing the
complaint if it was submitted by the irrevelant subject of appeal with a complaint
to the irrevelant subject of complaints consideration or with the violation of
the terms of complaints established by this Article.
13. When
making the decision on dismissing the complaint, the Central Election
Commission can on its own initiative take cognizance of the facts recorded in
the complaint.
14. The
Central Election Commission shall define other questions of the order of
considering the complaints by the election commissions in accordance with the
requirements of this Law.
15. The courts,
election commissions and prosecuting bodies shall arrange their work during the
election process, including the weekends and the voting day, to ensure the
arrival and consideration of complaints and appeals of the election commissions
in the time period and in the order established by this Law.
Article
112. Evidences
1. The following items, on the grounds of which the election
commission determines the availability or the absence of the circumstances,
which prove the demands and objections of the plaintiff, the subject of appeal
or the persons concerned, and other circumstances, which matter for the proper
consideration of the complaint, can be:
1) written
documents and materials (including the electronic messages), which contain the
information on the circumstances, which are significant for the proper
consideration of the complaint;
2) written
explanations of the subjects of the election process, officeholders and
officials of the executive power bodies, local self-government bodies,
enterprises, institutions, establishments and organizations, respective law
enforcement bodies, received at the request of the subject of complaints
consideration, including the election commission members for exercising the
authorities of the election commission;
3) objective
evidences;
4) experts’
conclusions submitted in writing at the request of the election commission that
is the subject of complaints consideration, subject of appeal with a complaint
or subject of appeal.
2. The
evidences shall be submitted to the election commission by the subject of
appeal with a complaint, subject of appeal, persons concerned. The election
commission that is the subject of complaints consideration can appeal with a
demand (demand and obtain) the additional evidences on their own initiative or
at the request of the subject of appeal with a complaint, the subject of
appeal, persons concerned.
3. In case the subject of appeal with a complaint, the subject of appeal, or the person concerned does
not produce evidences for the confirmation of the circumstances which he (she)
refers to the election commission shall resolve the case on the grounds of the
available evidences.
4. The
election commission shall take into consideration solely the evidences, which
matter for the consideration of the complaint. The facts of declining the
evidences, which do not matter for the consideration or do not have strength,
shall be recorded in the decision of the election commission that is the
subject of the complaints consideration.
5. The circumstances
(facts), for proving which the law establishes specific types of evidence,
cannot be proved by other types of evidence.
6. The written
testimonies shall be submitted in the original or in the copy certified in the
established order. In case the copy has been submitted, the election commission
has the right to require the submission of the original or independently
requires the original of the written testimony. Upon considering the complaint,
the election commission shall return the original document at the request of
the owner of the document, while the case shall contain its copy certified in
the established order.
7. The
election commission shall assess the adequacy, authenticity of every evidence as well as the sufficiency and interconnection of evidences in total, guided by the legislation.
None of the evidences shall have a force pre-set in advance, except for the
circumstances and facts established by the court decision, which has entered into force.
Article 113.
Decision of Subject of Complaints Consideration Resulting from Legal
Investigation
1. The
decision of the subject of complaints consideration must be just, lawful and
well-grounded.
2. While
considering the complaint concerning the subject of appeal, the subject of
complaints consideration shall decide:
1) if the
subject of complaint received the reviewed decision;
2) if the
reviewed decision was received by the subject of complaint on a legal basis;
3) if the
reviewed decision was made within the authorities and in accordance with the
procedure established by the law;
4) which legal
rules should be applied to these legal relationships and identifying whether
the review of given complaint is within the responsibilities of the subject of
complaint consideration.
5) if every
demand of the subject of appeal with a complaint should be satisfied or
refused;
6) if the
violated rights and the legitimate interests of the subject of appeal with a
complaint should be renewed in another way;
7) what
decisions should be necessarily made or which actions resulting from the fact
of overruling the decisions to take.
3. While
examining the complaint as to action or inaction of the subject of appeal, the
subject of complaints consideration shall decide:
1) if the
action (inaction) appealed against of the subject of appeal had a place;
2) if the
action (inaction) was performed (carried out) by the subject of appeal on legal
grounds;
3) which legal
rules should be applied to these legal relationships and identifying whether
the review of given complaint is within the responsibilities of the subject of
complaint consideration
4) if every
demand of the subject of appeal with a complaint should be satisfied or
refused;
5) if the
violated rights and the legitimate interests of the subject of appeal with a
complaint should be renewed in another way;
6) what
decisions should be necessarily made or which actions resulting from the fact
of acknowledging action or inaction appealed against unlawful to take.
4. While
examining the complaint per se, the subject of complaints consideration can
satisfy (respond to) the complaint completely or refuse (reject) in satisfying
it.
5. In case of satisfying the complaint, the subject of complaints consideration can make a decision:
1) to
acknowledge the decision of the subject of appeal or some of its regulations,
action or inaction as not complying with the requirements of the parliamentary
election legislation, violating citizens’ election rights, the rights and legal
interests of the election process;
2) to cancel the
decision;
3) to oblige
the subject of appeal to take steps envisaged by the legislation, which
regulates the organization and the order of holding the parliamentary
elections;
4) to oblige
the subject of appeal to restrain him (her) self from taking certain steps;
5) to restore
the citizens’ violated election rights, the rights and legal interests of the
subject of the election process in another way;
6) to oblige
the subject of appeal and (or) another body, party, mass media means,
officeholder or official to act in accordance with the legislation, which
regulates the organization and order of holding the parliamentary elections,
and to take steps resulting from the fact of canceling the decisions,
acknowledging the action or inaction appealed against unlawful.
6. After
recognizing the decisions, action or inaction as not complying with the
legislation on the parliamentary elections, the subject of complaints
consideration shall satisfy the complaint. When satisfying the complaint, the
subject of complaints consideration can satisfy all the requirements (or part
of them) of the subject of appeal with a complaint.
7. In case the court recognized the decision of the respective
election commission unlawful, including the decision of acknowledging the voting
at the polling station, the results of the vote and the outcome of the
election, the results of the parliamentary election invalid, the decision in
this issue shall be made by the election commission, whose decision was recognized unlawful or by the higher election commission on the grounds of the court
decision. In case the decision was not recognized as invalid on the formal
grounds, the election commission cannot make a decision, which will repeat the
decision, which was recognized unlawful by the court.
8. On the basis of the complaint, court decision or on its own initiative, the higher election commission
can cancel the decision of the lower election commission and take a decision on
the question per se or to oblige the lower election commission to reconsider
the question dealt with.
9. In case the subject of complaints consideration establishes that the decisions, action or inaction
of the subject of appeal were in compliance with the Law, within the
authorities envisaged by the Law and do not violate the voters’ rights, rights
and legal interests of other subjects of the election process, the subject of
complaints consideration shall deny in satisfying the complaint.
10. The
decision copy of the subject of complaints consideration shall be issued or forwarded
to the subject of appeal with a complaint, the interested persons, the
respective election commission, the other subject mentioned in the decision, no
later than the day after the decision was taken, and in case the decision was taken on the eve of the election, on election day or the next day after election –
immediately.
11. The
decision taken by the court of the first instance shall come into force as from the end of the term for the statutory appeal in the time period established by Article 114
of this Law.
Article
114. Peculiarities of Reconsideration of Court Decisions
1. In case the court of the first instance has not investigated the circumstances of the case sufficiently enough, has not given the ample assessment of the evidences, or has considerably violated material rights or seriously violated the legal procedure norms, the
participants of trial proceedings have the right to appeal (completely or
partially) according to the set procedure against the court decision, which was approved by the court of the first instance but has not entered into force as yet.
2. The appeal
can also be lodged by a third person that is the election process subject, who
did not participate in the hearing of a case, in case the decision of the first
instance court violates their rights, freedoms and legal interests.
3. The court
decisions approved by them in the first instance shall be reconsidered in the
order established by the Code of Administrative Court Proceedings of Ukraine.
4. The appeals
against the decisions of the first instance court can be submitted within two
days following the day of receiving the copy of the decision.
5. The appeal
against the decision of the first instance court received before election day
can be submitted in the time period established by part four of this Article,
though no later that noon time of the last Saturday before election day.
6. The appeals
submitted after the time periods established by parts four and five of this
Article shall be dismissed.
7. The court
of appeals instance shall consider the case within two days after receiving the
appeal, and as to the court decisions, which were approved by the court of the
first instance before election day, - no later than the beginning of voting.
Article
115. Peculiarities of Appealing Against Decisions, Action or Inaction of
Executive Power Bodies, Local Self-Government Bodies, Enterprises,
Establishments, Institutions and Organizations, Their Officeholders and
Officials
1. The
election process subject can appeal against the decisions, action or inaction
of executive power bodies, local self-government bodies, enterprises,
establishments, institutions and organizations, their officeholders and
officials, as regards their failure to comply with their legally imposed obligations,
unlawful interference with the activities of the election commissions or their
members as well as inobservance of the requirements in the questions of
pre-election campaigning.
2. The appeal
indicated in part one of this Article shall be submitted to the district
election commission or the Central Election Commission or to the local court at
the location of the respective executive power body, local self-government
body, enterprise, establishment, institution and organization.
3. The appeal
against the decisions, action or inaction of the executive power body, local
self-government body, enterprise, establishment, institution and organization,
their officeholder or official shall be considered by the court composed of
three official judges.
4. The consideration
of the appeal against the decisions, action or inaction of the executive power
body, local self-government body, enterprise, establishment, institution,
organization, their officeholder or official does not exclude bringing
disciplinary, administrative, criminal or any other legal action against some
officeholders or officials in cases and in the order stipulated by Law.
Article
116. Peculiarities of Appealing Against Decisions, Action or Inaction of
parties, Other Citizens’ Associations
1. The
election commission, parliamentary candidate, the party that is the election
process subject as well as the voter, whose election rights have been violated,
can appeal against the decisions or action of the party, citizens’ association, its officeholder or authorized representative, concerning the election process,
except for the decisions or actions, which according to the Law, statute
(regulations), refer to their intra-organizational activities or to their
exclusive competence.
2. The appeal
indicated in part one of this Article shall be submitted to the respective
district election commission or the Central Election Commission or to the Appeal Court in location of the respective party body, citizens’ association.
Article
117. Peculiarities if Appealing Against Action or Inaction of Mass Media, Their Owners, Officeholders and Freelancers
1. The
parliamentary candidate, party that is the election process subject can appeal
against the mass media means, its owner, officeholder or freelancer, if their
action or inaction violates the legally set order of activities of the mass media during the election process, including exercising the right for response in accordance
with part twelve of Article 67 of this Law, other requirements of the Law
concerning pre-election campaigning.
2. The Central
Election Commission or the district election commission has the right on its
own initiative to appeal against action or inaction indicated in part one of
this Article.
3. The appeal
indicated in parts one and two of this Article shall be lodged with the local
court in location of the respective mass media means.
4. The appeal
indicated in part one of this Article shall be lodged with:
1) the Central
Election Commission - concerning action or inaction of the mass media means, its owner, official or freelancer;
2) the
respective district election commission concerning action or inaction of the
regional or local mass media means, its owner, officeholder or freelancer.
Article
118. Peculiarities of Appealing Against Parliamentary Candidate
1. The parliamentary candidate,
party that is the election process subject can appeal against the parliamentary
candidate’s action or inaction, if the aforesaid action or inaction is aimed at
the violation of the legally set order of nominating the parliamentary
candidate, pre-election campaigning, as well as the violation of the citizens’
election rights and interests protected by Law.
2. The voter
can appeal against action or inaction of the parliamentary candidate, if the
aforesaid action or inaction has violated their voting rights or interests
protected by Law concerning their participation in the election process.
3. The appeal
against action or inaction of the parliamentary candidate shall be lodged with
the district election commission or the Appeal Court in location of the
district election commission.
Article
119. Peculiarities of Appealing Against Decisions, Action or Inaction of
Election Commissions, Election Commission Members
1. The
election process subject shall have the right to appeal against the decisions,
action or inaction of the election commission, the election commission member.
2. The appeal concerning the
decisions, action or inaction of the polling station election commission, the
member of the polling station election commission shall be lodged with the
respective district election commission or with the local court in location of
the polling station.
3. The appeal
concerning the decisions, action or inaction of the district election
commission, the member of the district election commission shall be lodged with
the Central Election Commission or with the Appeal Court in location of the
district election commission.
4. The appeal
concerning the decisions, action or inaction of the Central Election Commission,
the member of the Central Election Commission shall be lodged with the Supreme
Court of Ukraine.
5. The appeal
concerning the decisions, action or inaction of the election commissions, the
members of the election commissions shall be considered by the court composed
of three official judges.
Article
120. Responsibility for Violation of Legislation on Parliamentary Elections
Persons found
guilty of violating the legislation on parliamentary elections shall be sued to
criminal, administrative or other responsibility in the order established by
Law.
Chapter XIII. Election Documentation
Storage
Article
121. Storage of Election-Related and other Documentation and Material
Assets
1. After
publicizing the outcome of the parliamentary election, the Central Election
Commission shall hand the election-related and other documents, which are
liable to enter in the National Archive Fund, including the vote count record
forms at the polling stations, the records on the results of the vote and the
outcome of the election within the territorial election district, over to the
respective central state archive institution, while the district election
commissions shall hand such documents over to the respective local state
archive institution.
2. The
election-related documents, which are not liable to enter in the National
Archive Fund, shall be handed by the district election commissions over to the
local state archive institutions formed by the local bodies of executive power
or self-government bodies in accordance with the Law of Ukraine “On National
Archive Fund and Archive Institutions”.
3. The list of
the election-related and other documents, which are liable for the storage in
the state and other archive institutions, and the order of submitting the
documents to these institutions shall be established by the Central Election
Commission upon the agreement with the central body of executive power
authorized to exercise keeping archive records.
4. The
activities of the polling station and district election commissions over, the
local bodies of executive power and local self-government bodies are obliged to
ensure the storage (custody) of the ballot boxes, voting booths, seals of these
election commissions, instructions manuals, which the election commissions were
supplied with for the period of the election process.
5. The
election ballots, the election ballot control coupons, voter lists, acts,
applications, complaints about the violations of requirements of this Law in
the course of voting and the tabulation of the votes, the minutes and decisions
of the election commissions shall be kept in the custody of the local archive
institutions during four years after the outcome of the parliamentary election
was publicized. After the expiration period they shall be destroyed in the
established order.
6. The archive
institutions shall ensure accessibility to the parliamentary election documents
in the order established by the legislation of Ukraine.
Chapter XIV. Preclosure Provisions
1. The present
Law shall come into force from January 1, 2009.
2. The Law of
Ukraine “On Parliamentary Elections of Ukraine” of 25.03.2004
№ 1665-IV (Vidomosti of Verkhovna Rada, 2005, №
38-39, p. 449; 2006, № 5-6, p. 75; № 10-11, p. 97, p. 98; №
33, p. 284) shall lose their legal effect from the moment this Law comes
into force.
3. Article 173
of the Code of Administrative Court Proceedings of Ukraine (Vidomosit of the
Verkhovna Rada of Ukraine, 2005, №№ 35-37, p. 446;
2006, № 1, сp. 16) shall be set forth in the following
version:
Article
173. Peculiarities of Legal Proceedings of Including Voter or Other Voters
in State Voter Register Maintenance Body, Excluding Voter or Other Voters from
State Voter Register Maintenance Body, or on Changing Voter’s or Other Voters’
Personal Data in State Voter Register Maintenance Body
1. Anyone, who
has the voting right at the respective elections or referendum, has the right to appeal with the administrative claim on including a voter or other voters in the
State Voter Register, excluding a voter or other voters from the State Voter
Register, or on changing a voter’s or other voters’ personal data in the State
Voter Register.
2. The
administrative cases concerning including a voter or other voters in the State
Voter Register, excluding a voter or other voters from the State Voter
Register, or on changing a voter’s or other voters’ personal data in the State
Voter Register shall be considered by the local court of common Law as the administrative court in location of the respective polling station election commission.
3. The
statement of claim on including a voter or other voters in the State Voter
Register, excluding a voter or other voters from the State Voter Register, or
on changing a voter’s or other voters’ personal data in the State Voter Register
shall be submitted to the administrative court without paying court fees. The
statement of claim can be submitted no later than ten days prior to election
day or referendum.
4. The court
shall solve the case as to including a voter or other voters in the State Voter
Register, excluding a voter or other voters from the State Voter Register, or
on changing a voter’s or other voters’ personal data in the State Voter
Register within a two day period after receiving the statement of claim, but no
later than eight days prior to election day or referendum.
5. Failure of
people to arrive, who were well informed on the date, time and place of the
consideration of the case, shall not prevent the court from considering the case.
6. The
regulations of the administrative court as to including a voter or other voters
in the State Voter Register, excluding a voter or other voters from the State
Voter Register, or on changing a voter’s or other voters’ personal data in the
State Voter Register shall be carried out by the respective State Voter
register maintenance bodies no later than seven days prior to election day.”
4. Until the
legislation of Ukraine is adjusted in accordance with this Law, Laws and other
normative legal acts shall apply insofar as they are not contrary to this Law.
5. Within a
six month period after this Law comes into force, the Cabinet of Ministers of
Ukraine shall:
prepare and
submit to the Verkhovna Rada of Ukraine their proposals as to adjusting the
Laws of Ukraine in accordance with this Law;
adjust their
normative legal acts in accordance with this Law;
ensure passing the normative legal acts envisaged by this Law;
ensure that
Ministries and other central bodies of executive power reconsider and cancel
the normative legal acts, which contradict this Law.
6. The Central
election Commission shall:
adjust its
acts in accordance with this Law within one month period after this Law comes
into force;
ensure passing of the acts envisaged by this Law.”
Chairperson of the Verkhovna
Rada of Ukraine
