Ukraine - Electoral Law
CHAPTER 1
Article 1
The Main Principles and Grounds of Elections
1. People's Deputies of
Ukraine (hereinafter referred to as deputies) shall be elected by the citizens
of Ukraine on the basis of universal, equal and direct suffrage by secret ballot
on the basis of a mixed (majoritarian-proportional) system.
2. The total number of People's Deputies of Ukraine to be elected is 450. Two
hundred and twenty-five (225) deputies shall be elected in single-mandate
electoral constituencies on the basis of relative majority, 225 shall be elected
according to lists of candidates from political parties, electoral blocs of
parties in the multi-mandate all-state electoral constituency on the basis of
proportional representation.
3. The electoral process shall be carried out on the basis of free and unified
nomination of candidates for deputies, transparency and openness, freedom of
campaigning, equal possibilities for all candidates to run an electoral
campaign, the impartiality of bodies of state power, bodies of local
self-government and authoritative and public officials of these bodies towards
candidates.
4. The participation of Ukrainian citizens in elections is voluntary. It shall
be considered that voters, who did not participate in voting during elections,
support the results of expressed will of those voters, who voted during
elections.
Article 2
Types of Elections
1. Elections of deputies
may be regular, extraordinary, repeat and to replace resigned deputies.
Article 3
The right of citizens of Ukraine to vote and to be elected
1. Execution of the right
to vote and to be elected by citizens of Ukraine does not depend upon their
race, color of skin, political, religious and other convictions, gender, ethnic
and social origin, property status, place of residence, language or other
characters.
2. Restrictions on the suffrage rights, unforeseen by the Constitution of
Ukraine, are prohibited.
3. Citizens of Ukraine who are eighteen years of age on election day have the
right to vote in elections. Each voter has one vote in both a single-mandate
electoral constituency and the multi-mandate all-state electoral constituency.
4. Citizens, found incompetent by a court, do not have the right to vote and the
right to be elected. Execution of suffrage rights shall be suspended for the
persons who are incarcerated by court's order for the time of being
incarcerated.
5. A citizen of Ukraine, who has the right to vote, is twenty one years of age
on election day, and has resided in Ukraine for at least the last five years may
be elected deputy.
6. A citizen who has been convicted for the intentional commission of an offense
may not be elected as deputy unless this conviction is overturned and stricken
from the record in the order established by law.
7. Military officers of the Armed Forces, the National Guard, the Frontier
Troops of the Board of State Security, troops of the Civil Defense, Security
Service of Ukraine, other military units formed according to the laws of
Ukraine, except for those persons who perform regular military or alternative
(non-military) service, persons of ordinary and chief personnel of the bodies of
internal affairs of Ukraine, judges and prosecutors, as well as state officials
may be registered as candidates for deputy if they, during the registration,
submit to a constituency election commission a personal obligation regarding
suspension of official duties for the period of the pre-election campaign.
8. All persons elected as deputies shall be discharged from their work or
service and from the occupied positions.
Article 4
Conduct of Elections
1. Election commissions,
formed and acting in the order stipulated by this and other laws of Ukraine
shall organize the conduct of elections.
2. Elections of deputies are equal. Citizens of Ukraine participate in elections
on an equal basis.
3. Elections of deputies are direct. Deputies shall be elected directly by the
voters. Voting during elections is secret; any form of control over the voters'
is unacceptable.
Article 5
The right to nominate candidates for deputies
1. The right to nominate
candidates for deputy belongs to citizens of Ukraine, who have the right to
vote. This right shall be realized by them through both self-nomination and
through political parties, electoral blocs of parties, as well as through voter
meetings and working collectives in the order, stipulated by this Law.
CHAPTER 2
Article 6
Procedure of calling elections
1. The Central Election
Commission shall make an announcement regarding the commencement of the election
campaign in accordance with the terms, specified by the Constitution of Ukraine
and laws of Ukraine.
2. Regular elections shall take place on the last Sunday of March of the fourth
year of authority of the Verkhovna Rada of Ukraine.
3. Extraordinary elections to the Verkhovna Rada of Ukraine shall be appointed
according to the Constitution of Ukraine by the President of Ukraine and
conducted within sixty days from the day of publication of the decision on
pre-term termination of the authority of the Verkhovna Rada of Ukraine.
4. The decision on the conduct of repeat elections, as well as elections to
replace deputies who resigned shall be adopted by the Central Election
Commission in the events and in order envisaged by this Law.
Article 7
Formation of Election Constituencies
1. The single-mandate
election constituencies shall be formed by the Central Election Commission with
approximately an equal number of voters in each election constituency of the
entire territory of Ukraine upon proposals of respectively the Verkhovna Rada of
the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city radas,
taking into account the administrative-territorial division of Ukraine and
density of national minority populations.
2. Areas of dense residence of national minorities shall not deviate from the
boundaries of one election constituency. In cases when the number of voters who
belong to the national minority make a larger number of voters than needed to
form one election constituency, the constituencies shall be formed in such a way
that at least in one of them the voters who represent the national minority make
a larger number than the number of voters in the constituency.
3. Oriented number of voters in election constituency, number, territorial
borders and centers of election constituencies shall be determined by the
Central Election Commission of Ukraine.
4. Deviation of the number of voters from the average number of voters in
election constituency all over Ukraine may not exceed 10 percent. The formation
of constituencies which include territories without common frontiers is not
permitted.
5. Notification regarding the formation of single-mandate electoral
constituencies, with an indication of their number, center, territorial borders,
and number of voters in each election constituency shall be published by the
Central Election Commission in the state mass media no later than 120 days prior
to election day.
6. The territory of the multi-mandate all-state electoral constituency shall be
the entire territory of Ukraine, and its center shall be the city of Kyiv. All
citizens of Ukraine eligible to vote shall be the voters of this constituency.
Article 8
Formation of Polling Stations
, and in exceptional
cases, no later than five days prior to election day. Such polling stations are
considered to be a part of electoral constituencies in which they are
territorially situated, or in which the ship is registered.
5. Military servicemen shall vote at polling stations located outside the
territories of military units. Polling stations in military units shall be
formed, as exception, upon the agreement of the Central Election Commission.
6. Polling stations at the representative offices of Ukraine abroad shall be
formed upon the submission of the Ministry of Foreign Affairs of Ukraine
according to their registration, determined by the Central Election Commission.
7. Polling stations are common for elections in single-mandate electoral
constituencies as well as for elections in the multi-mandate all-state electoral
constituency.
8. The population shall be informed of the decision of a constituency election
commission on formation of polling stations, boundaries of each polling station,
membership and location of the polling station commissions and the location of
voting booths no later than five days after the decision was adopted.
Article 9
Election Commissions
1. The elections are
organized and conducted by:
the Central Election Commission,
the constituency election commissions,
and the polling station commissions.
2. The commissions are formed and function according to the Constitution of
Ukraine, this and other laws of Ukraine.
3. No one may interfere in the decision of issues which are within the
jurisdiction of electoral commissions, except in cases foreseen by laws of
Ukraine.
Article 10
Formation of the Election Commissions
1. The Central Election Commission is a permanently acting state body. The
Commission is a legal entity, it has its seal with its name and the portrayal of
the State Emblem of Ukraine. The Commission consists of 15 members. The
Verkhovna Rada of Ukraine shall appoint to positions and terminate authorities
of the members of the Central Election Commission upon the submission of the
President of Ukraine.
2. Members of the Central Election Commission elect out of its complement the
chairman, deputy chairman and secretary of the Commission.
3. The chairman, deputy chairman, secretary of the Commission and at least one
third of other members of the Commission must have higher legal education.
4. After the formation of the Central Election Commission in accordance with
this Law, its staff cannot be changed by more than one-third during a year.
5. Every political party, electoral bloc of parties, whose candidate list is
registered for participation in elections, and has the right to send for the
period of election campaign one representative to the Central Election
Commission as a delegate with the right of deliberative voice on its sessions. A
citizen of Ukraine who is eligible to vote and is not a candidate for deputy may
be such a delegate from a political party, electoral bloc of parties.
6. Constituency election commissions are legal entities. They shall be formed by
decisions of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast,
Kyiv and Sevastopol city radas at least 90 days prior to elections consisting of
a chairman, deputy chairman, secretary and members of commission respectively
upon the submission of the chairmen of these radas or city chairmen.
7. Representatives of political parties, electoral blocs of parties, one per
each party or bloc, whose candidate lists are registered for participation in
elections in the all-state multi-mandate electoral constituency, shall be
compulsorily included into the membership of the constituency election
commissions, upon submission of statutory bodies of these political parties,
administrative bodies of electoral blocs of parties. The general number of
members of the constituency election commissions shall be determined by the
number of candidacies submitted, but it shall not be less than eight persons.
8. The chairman, deputy chairman and secretary of the constituency election
commission may not be members of the same political party, electoral bloc of
parties.
9. In the event a respective rada does not form the constituency election
commission in the determined by this Law term, the constituency election
commission shall be formed by the Central Election Commission no later than
within 80 days prior to election day, upon the submission of local branches of
political parties which function on the territory of the respective election
constituency.
10. The authorities of a constituency election commission expire 10 days after
the assuming of authority, according to Constitution of Ukraine, by a deputy
elected in single-mandate election constituency.
11. Polling station election commissions shall be formed by a decision of
village, settlement, city, rayon in cities radas at least 45 days prior to
elections, and in exceptional cases stipulated in fourth paragraph of
Article 8 of this Law, 5 days prior
to election day consisting of a chairman, deputy chairman, secretary and members
of the commissions upon the submission, respectively, of the village,
settlement, city chairman or chairman of rayon in city rada or upon proposals
signed, as to one candidature, by at least 1/5 of the deputy membership of the
respective village, settlement, city, rayon in city rada (with that, a deputy
has the right to put signature only as to one candidature for the membership of
every polling station), with compulsory inclusion to the membership of these
commissions of one representative from political parties, electoral blocs of
parties whose candidate lists are registered for participation in elections in
multi-mandate all-state election constituency, upon the availability of the
proposals from respective local branches of these parties. The general number of
the polling station commission members shall be determined by the number of
candidacies submitted according to these requirements, but shall not be less
than eight persons. Enterprises, organizations and institutions situated on the
appropriate territory, territorial bodies of self-organization of population and
in the territories of compact residence of national minorities - public
organizations formed by them have the right to propose candidacies to the
membership of the polling station commissions.
12. At polling stations where the number of voters does not exceed 50 people,
polling station election commissions shall be formed consisting of the chairman
of the commission, secretary and 1-3 members of the commission.
13. The chairman, deputy chairman and secretary of the polling station
commission may not be members of the same political party, electoral bloc of
parties.
14. In the event the rada does not form a polling station commission within the
term established by this Law, the polling station commission shall be formed by
the constituency election commission no later than 40 days before the election
day upon the submission of local branches of political parties, including those
which joined electoral blocs of parties, lists of candidates for deputy of which
is registered for the participation in elections.
15. Authority of a polling station election commission terminates 10 days after
the registration of a deputy elected in the respective single-mandate election
constituency by the Central Election Commission in order established by law.
Article 11
The Authority of the Central Election Commission
The Central Election
Commission shall:
1) perform control over the implementation of electoral legislation throughout
the entire territory of Ukraine and ensure its uniform application;
2) lead the system of election commissions, which are formed to conduct
elections of people's deputies of Ukraine, direct their activity;
3) provide methodical provision for the activity of election commissions;
4) develop and approve the budget of expenses for preparation and conduct of
elections, establish the order of use of funds allocated from the state budget
for the purpose of conduct of elections, resolve issues of material and
technical provision for preparation and conduct of elections, perform control
over the purposeful use of funds;
5) perform control over the use of election funds of political parties,
electoral blocs of parties, candidates for deputy in accordance with
requirements of this Law;
6) form election constituencies, publish a list of election constituencies with
an indication of their numbers, territorial borders, centers and number of
voters in each election constituency;
7) adopt decisions, upon submission of the appropriate ministries and other
central bodies of executive power, on registration of polling stations formed
beyond the territory of Ukraine, as parts of single-mandate election
constituencies;
8) register lists of candidates for deputy, nominated by political parties,
electoral blocs of parties, issue copies of decision on registration of these
lists to political parties, electoral blocs of parties, and to the candidates
for deputy - certificates on their registration;
9) register authorized persons of political parties, electoral blocs of parties
and provide them with credentials;
10) publish registered lists of candidates for deputy, nominated by political
parties, electoral blocs of parties, pre-election programs of political parties,
electoral blocs of parties, and information about candidates for deputy from
political parties, electoral blocs of parties, who are to be included on the
election ballot in order determined by this Law;
11) establish forms of election ballots, approve text of the ballot for the
multi-mandate all-state constituency, ensure their production;
12) establish forms of voter lists, minutes of meetings of election commissions,
certificates and other electoral documents, provided for by this Law, samples of
ballot boxes, seals of election commissions, determine an order of storage and
handling of electoral documents for the respective state archive institutions;
13) hear reports of election commissions as well as ministries and other central
and local bodies of executive power, bodies local self-government regarding
issues connected with preparation and conduct of elections;
14) perform the functions of the constituency election commission in the
multi-mandate all-state electoral constituency and determine the results of
elections in it, notify population about them through mass media;
15) register elected deputies in cases provided by this Law;
16) tabulate results of elections in Ukraine, inform the Verkhovna Rada of
Ukraine about them;
17) adopt a decision on the conduct of repeat elections;
18) determine results of voting and elections in multi-mandate all-state
election constituency and publish them; publish lists of deputies elected in
single-mandate and multi-mandate election constituencies, indicating data
envisaged in fourth paragraph of
Article 44 of this Law;
19) issue temporary certificate of people's deputy of Ukraine to persons who
were elected and who fulfilled the requirements of the Constitution of Ukraine
and of the laws of Ukraine regarding the incompatibility of deputy's mandate
with other types of activity;
20) adopt decision on the conduct of elections in single-mandate election
constituencies to replace resigned deputies, organize the conduct of these
elections;
21) consider applications, appeals and complaints regarding actions and
decisions or inactivity of constituency and polling station election
commissions, adopt decisions on them;
22) consider appeals of legal entities and individuals regarding issues, which
are within the limits of its competence, and adopt decisions on them;
23) determine a form of signature lists, provide constituency election
commissions with its samples. Has the right to verify the accuracy of signatures
of voters collected in support of political parties, electoral blocs of parties;
24) perform control over the activity of constituency election commissions as to
the provision of premises, transportation, communication means, and other means
of material and technical provision of elections;
25) publicize dates of commencement and termination of nomination of members of
election commissions, formation of election commissions, formation of election
constituencies, submission of lists of candidates for deputy from political
parties (electoral blocs of parties) and registration of candidates for deputy,
and other events established by this Law;
26) determine the procedure for usage of the state mass media with regard to the
conduct of elections;
27) exercise other authority according to this Law and other laws of Ukraine.
Article 12
The Authority of the Constituency Election Commission
A constituency election
commission shall:
1) perform control over implementation of electoral legislation on the territory
of the election constituency;
2) create polling stations, establish their boundaries and unified enumeration
within the election constituency, publish their list indicating location;
3) direct the activity of polling station election commissions;
4) register candidates for deputy, their authorized persons and issue them the
appropriate certificates;
5) ensure the issuance of posters with the biographical data of registered
candidates for deputy and the main points of their election programs;
6) adopt the text of the election ballot in the election constituency, ensure
the production of election ballots and their supply to polling station election
commissions;
7) determine results of elections in the election constituency, adopt decisions
on the election of a deputy, issue him/her the appropriate temporary
certificate;
8) inform the population regarding results of voting and elections in the
election constituency through the mass-media;
9) conduct calculation of votes cast on the territory of the election
constituency in the multi-mandate all-state election constituency, pass the
appropriate data on to the Central Election Commission;
10) organize the conduct of repeat voting and elections to replace resigned
deputy;
11) consider applications, appeals and complaints regarding decisions and
actions or inactivity of polling station election commissions and adopt
decisions on them;
12) distribute money among polling station election commissions; perform control
over provision of polling station election commissions with premises, means of
transportation, communication and consider other issues regarding material and
technical support of elections;
13) hear reports from polling station commissions, respective local state
administrations and bodies of local self-government on issues regarding the
conduct of elections;
14) exercise control over the accuracy of signatures collected in support of
candidates for deputy in the single-mandate election constituency;
15) upon the instruction of the Central Election Commission, perform control
over the accuracy of signatures, collected in support of candidate lists of
political parties, electoral blocs of parties;
16) assist in the conduct of the election campaign of candidates for deputy on
equal bases; agree with the respective bodies of local self-government, local
state administrations on the order and spots of placement of materials of
pre-election campaign;
17) assist in the conduct of meetings of candidates for deputies with voters at
enterprises, institutions and organizations of all forms of
property and at the place of residence of voters;
18) perform control over the use of election funds of candidates for deputy, in
accordance with the requirements of this Law;
19) consider within the limits of its authority appeals, applications,
complaints regarding the organization and conduct of elections in the territory
of the election constituency, and adopt decisions regarding them, and if
necessary appeal to the Central Election Commission or to a court;
20) exercise other authority according to this Law.
Article 13
The Authority of the Polling Station Election Commission
A polling station election
commission shall:
1) verify the accuracy of the voter list in the polling station;
2) ensure the possibility to familiarize the voters with the voter list, accept
and consider applications regarding errors and inaccuracies in the voter list
and resolve questions of making corresponding changes in it;
3) timely issue or mail voters individual invitations indicating the day of
elections, premise for voting, time of beginning and end of voting;
4) ensure conditions for familiarization of voters with lists and data of
candidates for deputy of political parties, electoral blocs of parties, their
electoral programs, as well as with lists of candidates registered in the
single-mandate election constituency, and their electoral programs;
5) provide for preparation of premises for voting and provision of ballot boxes;
6) organize voting at the polling station;
7) calculate votes cast at the polling station;
8) consider applications and complaints on issues regarding the preparation of
elections and organization of voting at the polling station and adopt decisions
regarding them;
9) exercise other authority in accordance with this and other laws of Ukraine.
Article 14
Organization of Work of Election Commissions
1. Open sessions are the
main form of work of election commissions. Sessions of the commission shall be
called by the chairman of the commission, and in the event of his/her absence by
the deputy chairman of the commission. In the event of an absence of the
chairman of the polling station commission of a polling station where the number
of voters does not exceed 50 persons, the session of this commission shall be
called by the secretary of the commission.
2. In the event of absence of the chairman or the deputy chairman of the
commission or their refusal to call a session of the commission, it may be
called for by no less than one-third of the commission members with obligatory
notification of all members of the commission about the time and place of the
session.
3. The first meeting of a commission shall be called no later than on the third
working day after its formation, and the subsequent meetings, as necessary.
4. A session of election commission has legal authority if more than a half of
the commission members attend it. Decisions are adopted through open voting by a
majority of votes of members of the commission present at the session.
5. A session of the election commission shall be conducted by its chairman or
deputy chairman. In the event they are for some reason unable to carry out this
function, the commission shall appoint one of its members as the chairman for
the particular session.
6. The minutes of the commission session shall be made, which shall be signed by
the chairman of commission or chairman of session and secretary of the
commission.
7. People who are members of the election commission and do not agree with the
adopted decision may note this in writing as a separate opinion which shall be
an integral attachment to minutes of the session.
8. Decisions of the election commissions adopted within the limits of their
competence have binding power.
9. Bodies of executive power, bodies of local self-government, authoritative and
public officials of these bodies must render all assistance to election
commissions in the implementation of their competence.
10. Candidates for deputies, authorized representatives of political parties,
electoral blocs of parties, authorized persons of candidates for deputies,
official observers from public organizations of Ukraine and other countries,
international organizations, as well as representatives of the mass media, have
a right to attend the sessions of the commissions. Other persons can be present
at the sessions of the commission, upon the decision of the election commission.
11. The chairman, the deputy chairman, the secretary or a member of the
commission have the right to accept documents and applications received by the
commission. All received documents and applications shall be registered
according to order established by the commission.
12. Election commissions may involve the appropriate specialists, technical
assistants for the purpose of performing functions set forth by this Law and
carrying out technical work with the compensation of their work within the
limits of funds allocated to the appropriate commissions for the organization
and conduct of elections.
Article 15
Appeal of Decisions of the Election Commissions
1. Decisions, activity or
inactivity of the election commissions may be appealed by the political parties,
electoral blocs of parties, and their authorized persons, candidates for
deputies and their authorized persons, and voters, to the higher election
commission, which shall make a decision no later than three days after the
appeal was submitted, or in the event of appeal of decision, activity or
inactivity of the election commissions within 5 days prior to elections or on
the day of elections - immediately; or to a court within 10 days after such
decision is made, action or inaction is committed, directed toward the violation
of this Law, if no other procedure of appeal is established by the law.
2. In cases of the necessity for additional inspection, appeals may be
considered no later than within 10 days, but not later than the day of
elections.
3. Decisions, activity or inactivity of the Central Election Commission may be
appealed to the court in order established by law.
4. Courts and prosecutors' offices shall organize their work (on weekends also)
in a manner to ensure timely, for realization of suffrage rights, consideration
of appeals and complaints.
5. Appeals on decisions and actions or inactivity of election commissions,
submitted in violation of the time limits foreseen by this Law, cannot be
considered.
Article 16
Status of Persons Who are Members of Election Commissions
1. Citizens of Ukraine who
have the right to vote and are not candidates for deputy, their authorized
persons or authorized persons of political parties, electoral blocs of parties,
or who are not close relatives of a candidate for deputy (husband, wife, their
children, parents, brothers and sisters), may be members of election
commissions.
2. No one may be a member of more than one commission simultaneously. In the
event a person, who is a member of an election commission, is registered as a
candidate for deputy, an authorized person of a candidate, or an authorized
person of political party, electoral bloc of parties, his/her authority shall be
considered as terminated from the day of such registration, and as to the person
who is a member of the Central Election Commission - from the day of the
adoption of the decision regarding it according to the order envisaged by first
paragraph of
Article.
4. A commission may submit a proposal on replacement of the chairman, deputy
chairman, secretary or member of the commission to the body, which formed the
commission, if at least two-thirds of the commission members vote in favor of
this. The Central Election Commission may submit a proposal to the President of
Ukraine regarding the replacement of the Commission's member, if at least
two-thirds of its complement voted in favor of this; the President of Ukraine,
after consideration of this proposal, may make an appropriate submission to the
Verkhovna Rada of Ukraine.
5. All members of the Central Election Commission work in the Commission on a
permanent basis. The Central Election Commission has a staff of personnel,
maintained from funds of the State budget of Ukraine.
Article 17
Salaries of Members of the Election Commissions
1. Upon the decision of
constituency, polling station election commission, which is to be confirmed by
the higher election commission, the chairman, deputy chairman, secretary and
separate members of the respective election commission may be exempted from
their productive or official duties at the main place of work for the period of
election campaign. Payment for the work of members of election commissions shall
be made by executive bodies of the respective radas at the expense of funds
allocated from State Budget of Ukraine allocated for the conduct of election
campaign.
2. The amount of salary of members of the constituency and polling station
election commissions shall be determined by the Cabinet of Ministers of Ukraine
and cannot be less than the average salary in the main place of work and shall
not exceed the amount of salary of a people's deputy of Ukraine.
CHAPTER 3
Article 18
Lists of Voters, Procedure for their Compilation and Verification
1. Voter lists shall be
compiled for each polling station by executive bodies of village, settlement,
city, rayon in radas (where such are formed) radas, and in the cities of Kyiv
and Sevastopol - by the respective local state administrations, envisaged by the
Constitution of Ukraine. Lists of voters shall include all voters of Ukraine who
are 18 years of age on the day of elections and who at the moment of compilation
of voter lists permanently reside on the territory of the respective polling
station and are eligible to vote.
2. If exact information on the date (month and day) of birth of a voter is
absent, January 1 of the respective year shall be considered as this date.
3. The list of voters shall include surname, first name, patronymic, date of
birth, place of residence of a voter. Surnames of voters shall be enumerated in
voter lists in an order convenient for the organization of voting. A voter can
be entered on the list of voters of only one polling station.
4. Lists of voters-service members who shall vote in polling stations located
outside the boundaries of military units shall be submitted by commanders of
military units to the executive body of respective village, settlement, city,
rayon in cities (where formed) rada, and in the cities of Kyiv and Sevastopol -
to the respective local state administrations envisaged by the Constitution of
Ukraine.
5. Lists of voters, signed by the chairman of the respective executive body of
village, settlement, city, rayon in city (where they are formed) rada, and in
the cities of Kyiv and Sevastopol - by the chairmen of the respective local
state administrations, envisaged by the Constitution of Ukraine, shall be sent
to polling station commissions no later than 45 days prior to the day of
elections.
6. Responsibility for the accuracy, completeness and prompt sending of voter
lists to the polling station commissions shall be carried out by the person who
signed the voter lists.
7. The polling station commission shall verify voter lists, after which they
shall no later than 15 days prior to the day of elections be signed by the
chairman and the secretary of the commission and presented for public review as
well as for verification of their accuracy.
8. Voters, who arrived on the territory of the polling station after the end of
the verification of the voter lists, shall be included by the polling station
commission into the list of voters on the basis of documents, which verify their
identity and place of residence.
9. Voters, who left the territory of the polling station after the publicizing
of voter lists, shall be excluded by the chairman of the polling station
commission from voter list on the basis of the appropriate documents.
10. Citizens shall be provided with an opportunity to familiarize themselves
with the list of voters and verify the accuracy of information.
11. Every citizen of Ukraine has the right to appeal decisions of the polling
station commissions regarding inaccuracies in lists of voters, i.e. his/her
non-inclusion, erroneous inclusion or exclusion from the list of voters as well
as errors made. An appeal of a voter shall be considered by the polling station
commission within two days, or if on the eve or the day of elections then -
immediately. The polling station election commission is required to immediately
make corrections to the list or give the petitioner a copy of the substantiated
decision regarding denial of his/her application. This decision, or
non-introduction of changes into the list of voters may be appealed to a court
in the order stipulated by law.
Article 19
Cases of the Special Order of Compiling the Voter Lists
1. Special order of
compiling the voter lists shall be foreseen for military servicemembers and
members of their families, voters who temporarily sojourn outside the territory
of the polling station where they are included in voter list or outside the
territory of Ukraine on the day of elections.
2. Lists of voters-service members, as well as their family members and other
voters, who reside within the territory of military units, in the event of
formation of polling stations within the military units, with the consent of
Central Election Commission, shall be compiled by the respective polling station
commissions on the basis of data, submitted by the commanders of military units
no later than 20 days prior to the day of elections.
3. Lists of voters in polling stations formed in hospitals, resorts and other
places of temporary stay of voters, in representative offices of Ukraine abroad,
as well as on vessels at sea on election day, shall be compiled by polling
station election commissions on the basis of data supplied respectively by the
administrators of the institutions mentioned or captains of vessels.
4. In the exceptional cases, lists of voters may be compiled at least three days
prior to election day in polling stations formed in places of temporary stay of
voters.
CHAPTER 4
Article 20
General Order of the Nomination of Candidates for Deputy
1. he right to nominate
candidates for deputies belongs to citizens of Ukraine and it shall be
implemented by political parties, electoral blocs of parties as well as directly
through self-nomination of citizens, as well as by meetings of voters and
working collectives.
2. Electoral blocs of parties can be formed, according to legislation of
Ukraine, by political parties, registered by the Ministry of Justice of Ukraine.
3. A person may be nominated as a candidate for deputy only in one candidate
list of a political party, electoral bloc of parties, and at the same time only
in one single-mandate election constituency.
Article 21
Procedure of Nomination of Candidates for Deputy in Multi-Mandate All-State
Election Constituency
1. Political parties,
electoral blocs of parties shall nominate candidates for deputy with one list
for the participation in the elections in multi-mandate all-state election
constituency. The number of candidates from a political party, electoral bloc of
parties, included into one list of candidates, may not exceed one-half of the
constitutional complement of the Verkhovna Rada of Ukraine, established by the
Constitution of Ukraine. A political party, electoral bloc of parties may
nominate only one list of candidates for deputy.
2. A political party, included within an electoral bloc of parties which
submitted its list of candidates for deputy, may not submit another list of
candidates for deputy and to be a member of another electoral bloc of parties.
3. ormation of lists of candidates from political party, electoral bloc of
parties shall be carried out by the higher representative administrative body of
a political party, electoral bloc of parties in a manner, determined on their
own.
4. Members of the appropriate party, members of parties which unite in the
electoral bloc of parties or non-partisan citizens shall be included into the
list of candidates for deputy from the political party, electoral bloc of
parties in the order determined by the political party, electoral bloc of
parties. Inclusion of members of other parties into this list is not allowed.
5. The sequence of candidates on the candidate list shall be determined
respectively by a political party or electoral bloc of parties. This sequence
cannot be changed after the registration of the list by the Central Election
Commission.
6. Nomination in candidate lists of political parties, electoral blocs of
parties for the participation in the elections in multi-mandate all-state
election constituency begins 170 days and ends 120 days prior to election day.
In the event extraordinary elections are called, nomination to candidate lists
from political parties, electoral blocs of parties begins 60 days and ends 45
days prior to election day.
7. Representatives of political parties, electoral blocs of parties shall submit
to the Central Election Commission and extract from the minutes of the highest
representative administrative body of a political party, electoral bloc of
parties regarding the compilation of list of candidates for deputy of the
political party, electoral bloc of parties, as well as the list of candidates
for deputy of the political party, electoral bloc of parties signed by the
representative of a party, electoral bloc of parties in accordance with
requirements of second subparagraph of first paragraph of
Article 24 of this Law. After this
the Central Election Commission shall within one day issue to the
representatives of a political party, electoral bloc of parties the necessary
number of signature lists of the established form.
Article 22
The Procedure of Nomination of Candidates for Deputy in Single-Mandate Election
Constituencies.
1. Candidates for deputy
in single-mandate election constituencies shall be nominated at meetings
(conferences) of oblast, republican in the Autonomous Republic of Crimea, cities
of Kyiv and Sevastopol branches of political parties, electoral blocs of parties
that nominated lists of candidates for deputies and whose lists are registered
by the Central Election Commission; with that, a political party, electoral bloc
of parties may nominate only one candidate for deputy in each constituency.
2. Meetings (conferences) of local branches of political parties, electoral
blocs of parties shall be conducted in accordance with statutes of parties or
agreement between the parties on the formation of election bloc.
3. Citizens of Ukraine under condition of adhering to the requirements,
envisaged by
Article 3 of this Law have the right
of self-nomination of candidates for deputy by submitting to the constituency
election commission an application regarding the willingness to be nominated as
a candidate for deputy.
4. Nomination of candidates for deputy in single-mandate election constituencies
begins 90 days and ends 60 days prior to election day.
Article 23
Signature List
1. The signature lists
shall be given by the election commissions to persons, who submitted an
application regarding the willingness to be nominated candidates for deputy, and
authorized persons of political parties, electoral blocs of parties after
nomination of lists of candidates for deputy. Collection of signatures in
autonomously produced signature lists according to the established form shall
also be admitted. Before the collection of voters' signatures starts, respective
election commission shall put down the date of issuance and its stamp on the
signature lists, on which full name and requisites of political party, electoral
bloc of parties or respective surname, name, patronymic, year of birth,
profession, occupation, place of work and residence, party membership of a
person who submitted an application regarding the willingness to be nominated as
candidate for deputy, must be indicated.
2. The signature list in support of a political party, electoral bloc of
parties, or of a person, who submitted an application regarding the willingness
to be nominated as candidate for deputy, shall be approved by the Central
Election Commission and should contain the following data:
1) full title and requisites of the political party, electoral bloc of parties,
or respectively - surname, name, patronymic, year of birth, profession, position
(occupation), place of work and residence, party membership of a person who
submitted an application regarding the willingness to be nominated as candidate
for deputy;
2) number and date of signing;
3) surname, first name and patronymic of a voter, date, month and year of his
birth;
4) place of residence;
5) number and series of passport or other document which identifies the person;
6) personal signature of the voter.
3. The signature list shall be signed by the person responsible for collecting
the signatures, indicating last name, first name, patronymic, his/her address
and telephone number.
4. Electoral commissions have the right to check the authenticity of signatures.
Forged signatures as well as forced signatures shall be recognized as not valid
if the coerced voter declares so in writing. If, due to the above reasons, the
number of signatures is less than necessary, the representatives of political
parties, electoral blocs of parties, candidates for deputy shall be suggested to
supplement within five days the signature list. Declarations regarding
signatures shall be accepted by the constituency election commission no later
than the fifth day after the submission to the commission of the list of voters
who support political parties, electoral bloc of parties or a person, who
revealed intention to be nominated as candidate for deputy.
5. Only members of the electoral commissions have the right of access to the
signature lists, and in case of proceedings initiated in court - parties in the
court proceeding.
Article 24
Registration Procedure of Lists of Candidates for Deputy in the Multi-Mandate
All-State Election Constituency
1. For the registration of
a list of candidates for deputy in the multi-mandate all-state election
constituency, a political party, electoral bloc of parties must submit to the
Central Election Commission:
1) an application from a political party, electoral bloc of parties with a
request to register a list of candidates for deputy; the authorized persons of
the political party, electoral bloc of parties, their addresses and telephone
numbers shall be indicated in the application;
2) list of candidates for deputy from a political party, electoral bloc of
parties in compliance with the established form;
3) biographical data of candidates for deputy;
4) applications of candidates for deputy with their agreement to be nominated on
this list and an obligation to cease in the event of their election as deputies
activity incompatible with the deputy's mandate in accordance with the
Constitution of Ukraine and laws of Ukraine, and with data about candidates for
deputies, listed according to third paragraph of
Article 39 of this Law;
5) personal obligation to terminate authority of a deputy of other
representative body in the event of his elections as a people's deputy (if at
the moment of elctions a candidate for deputy has such authority);
6) election program of a political party, electoral bloc of parties;
7) each candidate's for deputy income declaration for the previous year,
compiled following a form, established by the Ministry of Finance of Ukraine;
8) a document certifying the deposit of money to the account of the Central
Election Commission in the amount of one thousand minimal non-taxed citizen's
income from political party, electoral bloc of parties;
9) signature lists of established form with signatures of no less than 200
thousands voters, and no less than 10 thousand voters in every of any 14
administrative territorial units of Ukraine, envisaged by the second paragraph
of
Article, shall be issued a credential
by the Central Election Commission regarding the date and time of the reception
of documents.
3. The Central Election Commission shall adopt a decision on the registration of
list of candidates no later than on fifth day after the submission of the
documents, on which the representative of a political party, electoral bloc of
parties is issued with the copy of the respective decision, and in the event of
registration of list of candidates for deputies from political party, electoral
bloc of parties, it shall publish the respective decision and such list of
candidates for deputies with data about them. Registered list of candidates for
deputies from a political party, electoral bloc of parties (with data about
them) shall be sent by the Central Election Commission to constituency election
commissions no later than on the second day after their formation.
4. In the event insufficiencies, which have incurred a refusal to register, were
eliminated and necessary documents were submitted no later than three days prior
to termination of the term of registration established by this Law, the Central
Election Commission shall repeatedly consider the issue regarding registration
of the list of candidates for deputy from a political party, electoral bloc of
parties and adopt an appropriate decision.
5. Registration of lists of candidates for deputies of political parties,
electoral blocs of parties in the multi-mandate all-state election constituency
ends 100 days prior to election day.
Article 25
Registration Procedure of Candidates for Deputy in Single-Mandate Election
Constituencies.
1. For registration of a
candidate for deputy in a single-mandate election constituency the following
documents shall be submitted to the constituency election commission:
1) an application with a willingness to be nominated as a candidate for deputy
in a given election constituency and with an obligation to cease in the event of
his/her election as deputy activity inappropriate for a deputy's mandate, in
accordance with the Constitution of Ukraine and laws of Ukraine;
2) the minutes of meetings (conferences) of the respective local branches of
political parties, electoral blocs of parties whose lists of candidates for
deputies are registered by the Central Elction Comission, in the Autonomous
Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, on the nomination of
a candidate for deputy, signed by the moderator and secretary of the meetings
(conference); or signature lists of established form with no less than nine
hundred signatures of voters of the respective constituency, who support the
nomination of a person as candidate for deputy;
3) biographical data of a candidate for deputy;
4) the electoral program of a candidate for deputy;
5) the declaration of income for the previous year, compiled in the form
established by the Ministry of Finance of Ukraine;
6) personal obligation regarding termination of authority of a deputy of other
representative body in the event of his/her election as a people's deputy (if at
the moment of elections a candidate for deputy has such authority).
2. All pages of documents submitted for registration shall be signed by a
person, who revealed the intention to be nominated as candidate for deputy. A
certificate with the indication of date and time of reception of documents shall
be issued to him/her.
3. The constituency election commission makes a decision regarding the
registration of a candidate for deputy no later than three days after submission
of the documents. In the event of registration, a candidate for deputy shall be
provided with an appropriate credential.
4. In the event insufficiencies, which incurred a refusal to register a
candidate for deputy, were eliminated and necessary documents were submitted to
the constituency election commission no later than three days prior to
termination of the period of registration of candidates for deputy established
by this Law, the constituency election commission shall repeatedly consider the
issue regarding registration of this candidate and adopt the appropriate
decision.
5. Surnames of registered candidates for deputy shall be numbered in the
constituency election commission according to the order of registration of
documents, which meet the requirements of this Law, with an indication of data
about candidates for deputies, envisaged by fourth paragraph of
Article 39 of this Law, which shall
be published by the commission in the state press media which are circulated on
the territory of the election constituency no later than on the fifth day after
termination of the registration of candidates for deputies.
6. Registration of candidates for deputy in single-mandate election
constituencies ends 45 days prior to election day.
Article 26
Withdrawal of a Candidate for Deputy from Balloting
1. A candidate for deputy
may, at any time prior to election day, withdraw his/her candidacy followed by
submission of a written application to the election commission which registered
him/her as candidate for deputy, or registered an appropriate list of candidates
for deputies of political party, electoral bloc of parties. The Central Election
Commission shall adopt a decision regarding exclusion of the candidate for
deputy from the registered list of candidates for deputies of political party,
electoral bloc of parties. A constituency election commission shall cancel its
decision regarding registration of a candidate for deputy in the event the
entity, which nominated the candidate, reverses its decision regarding his/her
nomination or in the event a candidate loses the right to stand for election
according to the legislation of Ukraine.
2. The Central and constituency election commissions shall respectively adopt a
decision on exclusion of a candidate for deputy from the registered list of
candidates for deputy of a political party, electoral bloc of parties, cancel a
decision regarding registration of candidate for deputy upon a court order in
the event of violation of this Law by a candidate for deputy. The basis for such
decisions may be: the loss of a Ukrainian citizenship by a candidate for deputy,
enactment of court's order for the commitment of intentional crime by him/her,
registration of one person as a candidate for deputy in more than one
single-mandate election constituency, or in more than one candidate list of a
political party, electoral bloc of parties.
3. An election commission, which adopted a decision on exclusion of a candidate
for deputy from the registered list or on cancellation of its decision regarding
registration of candidate for deputy, shall immediately notify about this
person, regarding which such decision was made and shall provide him/her with
the copy of this decision.
4. In the event of the death of a candidate for deputy, the election commission
shall announce him/her as such and withdraw the name from the ballot.
Article 27
Guarantees of Activity of Candidates for Deputy.
1. A candidate for deputy,
except for people's deputies of Ukraine, shall be relieved from production or
office duties at his/her place of work, while being given unpaid vacation for
the period of the election campaign.
2. A candidate for deputy has the right to be present at all electoral events
that are conducted on the territory of the election constituency, in which
he/she has been nominated, to speak as a candidate for deputy at the electoral
events organized by him/her or by his/her authorized persons, an election
commission, by the bodies of the state power and bodies of local
self-government, as well as at those events where
he/she was invited to speak as a candidate by the organizers of the event.
3. During the election campaign, a candidate for deputy receives an average
salary or other income for the last three months accounted by the election
commission which registered candidate for deputy from the funds, allocated for
the conduct of elections. Payments shall be made on a monthly basis, and their
amount may not exceed the salary of a People's Deputy of Ukraine. The order of
payments to the candidates for deputy shall be established by the Central
Election Commission together with the Ministry of Finance of Ukraine.
4. A candidate for deputy, for the period of election campaign, may not be
conscripted for military or alternative (non-military) service, military
gatherings or trainings, as well as criminal proceedings against a candidate for
deputy may not be commenced, neither he/she can be arrested or subjected to
administrative prosecution, without the permission of the Central Election
Commission.
5. A candidate for deputy has the right to free transportation within the
territory of his electoral constituency on all kinds of transport (except taxi)
from the day of his/her registration in a single-mandate electoral constituency
until the publication of election results.
6. The constituency election commissions, bodies of executive power, bodies of
local self-government, authoritative and public officials of these bodies must
render assistance to candidates for deputies in the organization of meetings
with voters, in obtaining needed informative materials of social and economic
content.
Article 28
Authorized Persons of Political parties, electoral blocs of parties in the
Multi-Mandate All-State Election Constituency
1.Every political party,
electoral bloc of parties, after the registration of candidate lists nominated
by them, shall submit the list of persons to the Central Election Commission for
registration - citizens of Ukraine (up to 30 persons) who are eligible to vote
and are authorized by a political party, electoral bloc of parties to represent
their interests in relations with respective election commissions, executive
bodies and bodies of local self-government, public associations and voters.
2. The list of authorized persons, submitted for registration, shall include
their surnames, first names, patronymics, home and work addresses, telephone
number. A respective written application with an agreement of every listed
person shall be attached to the list.
3. The Central Election Commission shall, within three days after the reception
of the afore-mentioned documents from a political party, electoral bloc of
parties, register authorized persons and issue them appropriate credentials.
4. A representative of a political party, electoral bloc of parties, upon the
decision of statutory body of political party, administrative body of the
electoral bloc of parties, has the right to appeal at any time before the
elections to the Central Election Commission regarding termination of authority
of certain authorized persons and submit other persons for registration as
authorized persons.
5. The authority of authorized persons shall begin from the day of their
registration and shall expire after publication of election results in the
multi-mandate all-state election constituency.
6. Registration of authorized persons who are actually in the military or in
alternative (non-military) service, who are military officers of the Armed
Forces, National Guard, the Frontier Troops, the Board of State Security, Civil
Defense, the Security Service of Ukraine, other military services formed
according to the laws of Ukraine, ordinary and chief personnel of bodies of
internal affairs of Ukraine, judges and prosecutors, chairmen of state bodies
and bodies of local self-government and their deputies, is unacceptable.
Article 29
Authorized Persons of a Candidate for Deputy in a Single-Mandate Election
Constituency
1. A candidate for deputy
in a single-mandate election constituency may have no more than five authorized
persons out of Ukrainian citizens eligible to vote, who assist him to conduct
the election campaign, conduct pre-election publicity for his election as
deputy, represent interests of a candidate in relations with election
commissions, state bodies and bodies of self-government, public associations,
and voters.
2. Upon his/her registration a candidate for deputy shall determine his/her
authorized persons and appeal regarding their registration to the constituency
election commission. In the application surname, first name, patronymic, work
and home address, phone number of each authorized person shall be indicated and
respective written consent of this person shall be attached.
3. Within three days after receipt of application, the constituency election
commission shall register authorized persons of a candidate for deputy and issue
them credentials of established type.
4. A candidate for deputy has the right to appeal at any time before the day of
elections to the constituency election commission regarding termination of
authority of his/her authorized person and registration instead of him/her
another authorized person. An authorized person of a candidate may at any time
resign upon his/her personal initiative, whereupon the issued credential shall
be returned to the constituency election commission and the candidate for deputy
shall be notified thereof.
5. Upon application of a candidate for deputy, authorized persons shall be
exempted from performing production or service duties, securing salary at the
last place of work, for the time necessary for preparation and conduct of
meetings and other pre-election events, provided for by this Law.
6. The authority of authorized persons shall begin from the day of their
registration by a constituency election commission and shall expire from the day
next to the day of withdrawal of the respective candidate for deputy from
balloting, or after publication of election results, including results in the
appropriate election constituency.
7. The registration of authorized persons who are actually in the military or in
alternative (non-military) service, who are military officers of the Armed
Forces, National Guard, the Frontier Troops, the Board of State Security, Civil
Defense, of the Security Service of Ukraine, other military services formed
according to the laws of Ukraine, ordinary and chief personnel of bodies of
internal affairs of Ukraine, judges and prosecutors, chairmen of state bodies
and bodies of local self-government and their deputies, is unacceptable.
Article 30
Official observers
1. Official observers from
foreign countries and international organizations as well as from public
associations of Ukraine and from candidates for deputy can participate in
events, connected with elections, foreseen by this Law. The status of these
official observers is determined by resolution, which shall be adopted by the
Verkhovna Rada of Ukraine.
CHAPTER 5
Article 31
Forms and Means of Pre-Election Campaign Publicity.
1. Citizens of Ukraine,
political parties, other public associations, work collectives of enterprises,
institutions and organizations have the right to discuss freely and
comprehensively election programs of candidates for deputies, their political,
business, and personal qualities and pre-election programs of political parties,
electoral blocs of parties whose lists of candidates for deputies are
registered, and carry out campaign publicity "for" or "against" candidates for
deputy or candidate lists of political parties, electoral blocs of parties at
meetings, discussions, in the press, on radio and television.
2. Candidates for deputy, their authorized persons and authorized persons of
political parties, electoral blocs of parties may hold meetings or meet their
voters in any other convenient forum. The constituency election commission,
bodies of executive power and local self-government, public associations shall
jointly promote such meetings by providing premises, timely notification of the
time and place of meetings, and implementing other necessary arrangements.
3. Pre-electoral campaigning may be conducted in any form and through any means
which do not violate the Constitution and the laws of Ukraine.
Article 32
Materials of the Pre-Election Campaign Publicity in the Multi-Mandate
All-State Election Constituency.
1. The Central Election
Commission shall no later than 60 days prior to the election day provide for
production of pre-election posters of political parties, electoral blocs of
parties, which have registered lists of candidates for deputy, at the expense of
funds, allocated from State budget for the conduct of pre-election campaign, in
the amount of five copies for every polling station.
2. The appropriate poster may be produced in a larger quantity at the expense of
the election fund of political party, electoral bloc of parties.
3. The Central Election Commission shall coordinate the text of pre-election
poster prepared by the political party, electoral bloc of parties of no-more
than four typed pages long typed in a format of one and a half space (up to 7
800 symbols), which must not contain false information or commercial advertising
with the representative of the political party, electoral bloc of parties.
4. The Central Election Commission shall publish the text of the pre-election
posters in the newspapers "Holos Ukrainy" and "Uriadoviy Kur'yer".
Article 33
Materials of Pre-Election Campaign Publicity in a Single-Mandate Election
Constituency
1. Constituency election
commission of election constituency shall no later than 30 days prior to
election day provide for publication of pre-election posters of candidates for
deputy registered in the appropriate election constituency, at the expense of
funds allocated from State budget of Ukraine for the conduct of pre-election
campaign, in the amount of two thousand copies for every candidate, and shall
supply candidates for deputies with no less than 3/4 of the stated amount of
posters.
2. Order of placement of pre-election posters shall be agreed upon with the
candidate for deputy or his authorized person, or authorized person of a
political party, electoral bloc of parties. The constituency election commission
provides for placing of these posters at the polling stations.
3. To provide for printing of pre-election poster, the candidate must submit to
the constituency election commission his/her pre-election program of no more
than two typed pages long, typed in a format of one and a half space (up to 3900
symbols), and his/her autobiography of the same size with the most essential
results of work activity, which do not contain secrets protected by the law, as
well as his/her photo (the size shall be established by the commission).
4. Pre-election posters must be equal in terms of form, size and pattern and
shall not contain false information or commercial advertising. The constituency
election commission shall agree with the candidates for deputies on the texts of
their pre-election posters to be published by it.
5. Political parties, electoral blocs of parties, candidates for deputy have the
right to freely publish posters, flyers, booklets and other publicity
publications at the expanse of their electoral fund.
6. All publicity printed publications must include information about the
organization, institution, persons, who are responsible for their printing, as
well as the address of the printing house and the total amount of copies.
7. Candidates for deputy and authorized persons of political party, electoral
bloc of parties are obliged to deliver one copy of every type of publicity
publication, personally signed to the constituency election commission no later
than within three days after their production.
Article 34
Use of the Mass Media
1. The representatives of
mass media are guaranteed free access to all events, connected with elections,
except internal political party meetings or meetings of members of election
blocs of political parties or support groups' of candidates for deputies.
Election commissions, executive bodies and bodies of local self-government shall
provide them with information about the preparation and conduct of elections.
2. Political parties, electoral blocs of parties, which nominated lists of
candidates for deputy, and individual candidates for deputy, shall have the
right to use at the expense of funds, allocated from State budget of Ukraine for
the conduct of the election campaign, mass media, where state bodies, state
organizations and institutions or bodies of local self-government are founders
or one of the founders (further - mass media with a state share, with a share of
bodies of local self-government), in the order established by this Law.
3. The list of national mass media with a state share shall be published by the
Central Election Commission upon the submission of the Ministry of Information
of Ukraine, the list of local, regional mass media with a state share, with
share of bodies of local self-government - shall be published by constituency
election commissions upon the submission of appropriate local state
administrations, bodies of local self-government no later than by the time of
expiration of the term for registration of lists of candidates for deputies of
political parties, electoral blocs of parties, and candidates for deputy in
single-mandate election constituencies.
4. The order of provision of political parties, electoral blocs of parties with
air time shall be established by the Central Election Commission, and for
candidates for deputies - by constituency election commissions, adhering to the
principle of equal opportunities for all political parties, electoral blocs of
parties and respectively to candidates for deputies who were nominated in
single-mandate election constituencies.
5. Air time for the conduct of pre-election campaign publicity shall be provided
at the expense of funds, allocated from the State budget of Ukraine for the
conduct of election campaign, by television and radio companies on working days
between 7:00 p.m. and 11:00 p.m. Kyiv time.
6. The schedule of air time with an indication of pre-election campaign
publicity programs, its concrete date and time on the air shall be compiled by
the administrative bodies of television and radio companies upon the results of
drawing lots, as conducted respectively by the Central Election Commission and
constituency election commissions. This schedule shall be published in
all-national and local mass media.
7. Pre-election campaign publicity television and radio programs of local
companies shall not coincide in time with the same programs on national
channels.
8. Inclusion of pre-election campaign publicity materials of political parties,
electoral blocs of parties, of candidates for deputy in television and radio
information programs, or of political advertisement shall be unacceptable.
Political advertisement shall be separated and delineated as it is.
9. Interruption of pre-election campaign publicity programs of political
parties, electoral blocs of parties, of candidates for deputy with an
advertisement of goods and services, and with other announcements shall be
prohibited.
10. Political parties, electoral blocs of parties whose candidate lists were
registered in multi-mandate all-state election constituency shall have the
right, at the expense of funds allocated from State budget of Ukraine, for the
conduct of the election campaign, to publish their election program up to four
pages long, (up to 7,800 symbols) typed in the format of one and a half spaces
in equal foliographic execution, in national printed periodicals with a state
share.
11. Candidates for deputy in a single-mandate election constituency shall have
the right, at the expense of funds allocated from State budget of Ukraine for
the conduct of the election campaign, to publish their election program up to
two pages long, (up to 3,900 symbols) typed in the format of one and a half
space in equal foliographic execution, through constituency election commission
in local printed periodicals with a state share, with share of bodies of local
self-government.
12. The sequence of publication of pre-election programs of political parties,
electoral blocs of parties, and candidates for deputies in single-mandate
election constituency shall be established by the respective electoral
commissions through drawing lots.
13. In the event the mass-media publicized unreliable materials about a
political party, electoral bloc of parties, or individual candidates for deputy,
the respective mass media shall, within 7 days but no later than two days prior
to the election day, provide the representatives of political party, electoral
bloc of parties, or individual candidates for deputy concerned in the unreliable
materials distributed, with the same amount of time on television, radio or the
same printed space, no less than 2000 symbols, used in order to publish a
refutation of unreliable materials.
14. The prevention of exercising the right to conduct pre-election campaign
publicity as well as abuse of the right to carry out this campaign publicity
shall entail accountability in accordance with the law.
Article 35
Restrictions for the Conduct of Pre-Election Campaign Publicity
1. During the election
campaign, candidates for deputy, including those who are employed by radio and
television, are prohibited from appearing on radio and television more than the
time allotted to other candidates for deputy.
2. The amount of printed publicity for candidates, including those who are
employees of state printed mass media, cannot exceed the amount of printed
publicity allotted to other candidates for deputy.
3. Campaign publicity in private mass media is limited only by the amount of the
personal election fund, under the conditions of equal payment for air time or
printed space for all candidates.
4. The election campaign shall be restricted in organizations, formations and
units of the Ministry of Defense, National Guard, Ministry of Interior, State
Committee of Frontier Protection, Secret Service and Civil Defense. Meetings of
candidates, authorized persons of political parties, electoral blocs of parties,
and authorized persons of candidates with voters who are servicemembers of the
aforementioned departments shall be organized by the constituency election
commission with mandatory invitation of all registered candidates as well as
authorized persons of political parties, electoral blocs of parties, no later
than three days before the meeting. From the beginning of the election campaign,
visits to these organizations, formations and military units by separate
candidates, their authorized persons or authorized persons of political parties,
electoral blocs of parties are prohibited. Only distribution of printed campaign
publicity materials manufactured by the Central Election Commission and
respective constituency election commissions, and by candidates for deputy is
allowed.
5. The distribution of anonymous campaign publicity materials, or publicity
materials under a pseudonym is prohibited.
6. In the event anonymous campaign publicity materials, or those under
pseudonym, and materials calling for the violent overthrow of the constitutional
order, violation of the territorial integrity of the state, national, lingual,
racial, religious superiority have been distributed, election commissions, upon
receiving such information, must appeal to bodies of internal affairs to halt
illegal campaigning and to take measures, stipulated by legislation of Ukraine.
7. Participation of state institutions, bodies of self-government and their
authoritative and public officials, chairmen, deputy chairmen, secretaries and
members of election commissions in election campaign publicity is prohibited.
8. Campaign activity on the day of the elections in any form (distribution of
election leaflets, posters, appeals to vote "for" or "against" candidates or
boycott the elections) is prohibited. Printed campaign publicity materials,
posted earlier outside the premises for voting, shall remain at these same
places.
9. Bodies of local self-government, respective local state administrations allot
places, set up stands and boards in public places for posting the materials of
the election campaign publicity, stipulated by this Law, as well as for posting
of information on events of election campaign. Placing such materials on
buildings, which are monuments of architecture or which violate traffic safety,
is prohibited.
10. State television and radio companies, printed mass media with a state share,
share of bodies of local self-government, their officials, creative workers of
mass media are prohibited from supporting or giving preferences in any form to
any political parties, electoral blocs of parties, candidates for deputies and
their electoral programs in their reports, materials and programs during the
period of pre-election campaign.
11. The conduct of pre-election campaign publicity, followed by providing of
voters with goods, securities, credits, lotteries, money and services
free-of-charge or under privileged conditions, is prohibited.
12. Publicizing of sociological surveys and public opinion polls regarding
rating of political parties, electoral blocs of parties, or separate candidates
for deputy, and of other prognosis in state or private mass media 15 days prior
to election day is prohibited.
13. Candidates for deputy who hold positions, including on the basis of
compatibility, in the state bodies, bodies of local self-government, in state
enterprises, in military units formed according to laws of Ukraine are
prohibited from involving or using the following for any activity connected with
the conduct of their pre-election campaign:
people subordinated to them (during working hours);
office transportation, communication means, equipment, premises and other
objects and resources at the place of his/her work.
CHAPTER 6
Article 36
Financing of the Election Commission's Activity
1.Financing of the
activity of election commissions shall be provided from the funds of State
Budget of Ukraine, which shall be given under the supervision of the Central
Election Commission. These funds shall be used by the Central Election
Commission in accordance with budget approved by it.
Article 37
Financing of Pre-Election Campaign Publicity
1. Financing of
pre-election campaign publicity shall be carried out at the expense of State
budget of Ukraine, as well as funds of political parties, electoral blocs of
parties, candidates for deputy, donations of physical and legal entities.
2. The Central Election Commission and constituency election commissions shall
cover the expenses established by this Law:
printing of pre-election posters of political parties, electoral blocs of
parties, and candidates for deputy;
publication in newspapers of pre-election programs of political parties,
electoral blocs of parties, and candidates for deputy;
air time on radio and television;
sage of buildings, premises, equipment for the conduct of meetings of candidates
for deputies and of authorized persons of political parties, electoral blocs of
parties with voters, organized by electoral commissions.
3. Personal election funds shall be created at the expense of money,
respectively:
political party, electoral bloc of parties - in the multi-mandate all-state
election constituency;
candidate for deputy - in a single-mandate election constituency.
Citizens of Ukraine and legal entities may contribute to these funds formed
according to legislation of Ukraine. Bodies of state power, state enterprises,
institutions and organizations, bodies of local self-government, foreign legal
entities and individuals, anonymous persons, international organizations and
associations are prohibited from making contributions to these funds.
4. Bank accounts of election funds shall be opened in banking institutions upon
the application of respectively authorized persons of political parties,
electoral blocs of parties, candidates for deputies, authorized persons of
candidates for deputy after their registration by the corresponding election
commissions, of which the election commissions are to be informed. Information
on opened bank accounts of election funds shall be published in the press.
Political parties, electoral blocs of parties, candidates for deputies shall
appoint a manager of the electoral fund.
5. Control over receipt and usage of money from the election fund of a political
party, electoral bloc of parties, personal election fund of a candidate for
deputy shall be performed by the Central and constituency election commissions,
tax collection bodies as well as bank institutions where the appropriate account
is opened.
6. The appropriate bank, upon application of a candidate for deputy, his
authorized person or authorized person of a political party, electoral bloc of
parties which opened the account, as well as upon application of the Central
Election Commission and constituency election commission, shall provide them
with data about amount and sources of contributions to the appropriate election
fund.
7. Money, which was contributed to the election fund of a political party,
electoral bloc of parties, or to the personal election fund of candidate for
deputy, by a physical or legal entity, not, according to this Law, having the
right to make such contributions, or which was contributed by an anonymous or
forged contributor or by one whose address is unidentified, shall upon the
decision of the Central Election Commission or respective constituency election
commissions be transferred to the State Budget of Ukraine.
8. Money of election funds unused during the election campaign shall be
transferred to the State Budget of Ukraine upon the decision of the Central
Election Commission or respective constituency election commissions. In the
event a candidate for deputy, who stood for elections for People's Deputy of
Ukraine which were deemed void, is registered as a candidate for deputy in
repeat elections, he/she has the right to manage money, which remained in
his/her personal election fund if his/her actions or actions of his/her
authorized persons were not the reason for consideration of the elections as
void. The right to manage the remainder of funds and replenish personal election
funds also belongs to a political party, electoral bloc of parties, whose list
of candidates was registered for participation in repeat elections in the
multi-mandate all-state election constituency.
9. A candidate for deputy, authorized person of a political party, electoral
bloc of parties has the right to reject contributed funds, on which the
application should be submitted to the bank institution where the account of the
appropriate election fund was opened. This money shall be returned by the
aforementioned institution to the contributors at the latter's expense.
10. No later than seven days prior to election day, the authorized persons of
political party, electoral bloc of parties, candidates for deputy or their
authorized persons are obliged to submit respectively to the Central Election
Commission or to constituency election commissions finance reports on sources of
contributed funds. The form of the finance report shall be determined by the
Central Election Commission.
11. Information about the revenues of election funds shall be publicized by the
respective election commissions no later than two days prior to the day of
elections.
12. Money from election funds may be used only for the purposes of campaigning
of political party, electoral bloc of parties or candidate for deputy. Use of
the money of election funds for other purposes is prohibited. Payments from
election funds of candidates for deputy, political parties, electoral blocs of
parties shall be only made by bank transfer.
CHAPTER 7
Article 38
Time and Place of Voting
1. Voting shall be
conducted on the day of elections or on the day of repeat voting from 7:00 a.m.
to 10:00 p.m.
2. The polling station election commission shall inform voters about the time
and place of voting no later than fifteen days prior to election day.
Article 39
Election Ballots
1. Election ballots are
documents of rigorous accountability.
2. The election ballot shall contain the name of the body which is being
elected, as well as the number of the election constituency, or designation of
the multi-mandate all-state election constituency, the number of the polling
station and allotted place for signing by the member of polling station election
commission who will hand this ballot out.
3. The names of political parties, electoral blocs of parties, with mandatory
enumeration of political parties, who created the electoral bloc as well as the
inscription of last names and initials of the first five candidates from every
nominated list of candidates of every political party, electoral bloc of parties
shall be inscribed on the ballot for the elections in the multi-mandate
all-state election constituency, in the order established through casting of
lots as conducted by the Central Election Commission, after the registration of
candidate lists of political parties, electoral blocs of parties. An empty
square should be placed to the right of every political party's, electoral bloc
of parties' name.
4. The ballot for elections in single-mandate election constituency should
inscribe in alphabetical order all candidates for deputies registered in this
constituency, indicating surname, name, patronymic, date of birth, position
(occupations), place of work and residence, party affiliation. An empty square
shall be placed to the right of the surname of each candidate for deputy.
5. The following shall be inscribed on the ballot after the listing of surnames
of candidates for deputy: "Do not support any of the candidates for deputy" (in
the ballots for elections in single-mandate election constituencies). An empty
square should be placed to the right of this sign; or "Do not support candidate
list of any political party, electoral bloc of parties" (in the ballots for
elections in multi-mandate all-state election constituency). An empty square
should be placed to the right of this sign.
6. Ballots shall have a control check, separated from the ballot by the line for
separation, which shall contain the name of the body which is being elected, the
number of election constituency, or an indication of the multi-mandate all-state
election constituency, the number of the polling station, as well as the place
for the signature of the voter and of the member of the polling station election
commission who will issue the ballot.
7. The control checks shall be retained at the polling station election
commission and should be used as a basis to determine the number of voters, who
received the election ballots.
8. A ballot should not contain information about those candidates for deputies,
lists of candidates for deputies from political parties, electoral blocs of
parties, which withdrew from balloting. In the event a candidate for deputy
withdrew from balloting after ballots have been printed, the appropriate
constituency (in single-mandate election constituency) or Central (in
multi-mandate all-state election constituency) election commissions shall adopt
a decision regarding the introduction of changes to the ballot and, if
necessary, regarding its reprinting. If changes in the election ballot were made
by crossing out the information on the person, who was candidate for deputy, or
due to the exclusion of the candidate list of political party, electoral bloc of
parties, the polling station commission shall notify every voter about this when
the election ballot is handed out.
9. Ballots in the election constituency should be printed on the same paper and
should be equal in size, colour and content and adhere to the form established
by the Central Election Commission. Colour of ballots in single-mandate and the
multi-mandate all-state election constituencies must be different. The ballot
shall consist of one page and its text shall be placed on one side only.
Article 40
Organization and Procedure of Voting
1. Voting is conducted in
specially allocated premises, equipped with an adequate number of booths or
rooms for secret voting and with designated places for casting ballots and
ballot boxes are placed so that approaching voters shall be required to walk
through the booths or rooms for secret voting.
2. Entrance to booths or rooms for secret voting, exit from them, as well as the
path from them to the ballot boxes must be within the field of vision of the
members of the polling station commission, authorized persons of political
parties, electoral blocs of parties and authorized persons of candidates for
deputy and official observers.
3. The polling station commission shall be responsible for organizing voting,
ensuring the secrecy of the voters' will, equipment of premises and maintaining
order on them. A voter can remain on the election premises only for the time
necessary to vote.
4. On election day, before the voting commences, the chairman of the polling
station election commission, in the presence of the members of the commission
and the persons determined by
Article 30 of this Law, as well as
representatives of mass media shall inspect and seal the ballot boxes.
5. Every voter shall vote personally. Voting for other individuals is
unacceptable.
6. Every voter receives two ballots: one for voting in a single-mandate and
another for voting in the multi-mandate all-state election constituencies.
7. Ballots shall be issued by the polling station commission members, based on
the list of voters for the respective polling station when a voter produces a
document to establish his/her identity. The member of polling station commission
who issued the ballot shall put his/her signature in the determined place on the
ballot and controlling check. The voter signs for receiving the ballot in the
determined place on the control check and in the list of voters.
8. It is prohibited to indicate on the ballot in any way the number of a voter
or make any other signs by which the voter can be identified.
9. Ballots shall be completed by the voter in a booth or room for secret voting.
The presence of other persons while the completing of ballots is prohibited. A
voter who cannot complete the ballots himself has the right to invite another
person of his choice into the cabin (room) for secret voting, except for the
members of the electoral commission, candidates for deputy for the respective
electoral constituency, or their authorized persons, or authorized persons of
political parties, blocs of parties upon the notification of the chairman or
deputy chairman of the polling station commission.
10. On the ballot for voting in a multi-mandate all-state election constituency
the voter shall make a mark "plus" (+) or other mark which shall reveal the
voter's intentions, in the square beside the name of the political party,
electoral bloc), whose candidate list he/she votes for. A voter may vote for the
candidate list of only one political party, electoral bloc of parties. If a
voter does not support any of the political parties, electoral blocs of parties,
he shall make a mark "plus" (+) or other mark, which shall reveal the voter's
intentions, in the square beside the words: "Do not support a candidate list of
any political party, electoral bloc of parties."
11. On the ballot for voting in a single-mandate election constituency the voter
shall make a mark "plus" (+) or other mark, which shall reveal the voter's
intentions, in the square beside the name of the candidate for deputy for whom
he/she votes. A voter may vote for only one candidate for deputy. If a voter
does not support any of the candidates for deputy, he/she shall make a mark
"plus" (+) or other mark which shall reveal the voter's intentions, in the
square besides the words: "Do not support any of the candidates for deputy."
12. In a case where certain voters cannot personally come to the premises for
voting due to health reasons, on the voter's written request, the polling
station commission shall compile the list of such voters no less than 3 days
prior to election day, the commission shall determine the time and no less than
three members of the commission to organize voting at place of residence of such
voters. The time when the members of the commission go out to such voters shall
be determined in a way so that the aforementioned voters vote no later than one
hour before voting ends. The chairman of the polling station commission shall
announce the fact that the members of the commission are going out to organize
voting for voters, who due to health reasons cannot personally come to the
premises for voting. Official observers may be present during the conduct of
such voting.
13. For the conduct of voting, an extract from the list of voters in a format of
a list shall be made up and shall be given by the chairman of the polling
station commission to the determined members of the election commission together
with the appropriate ballots and sealed ballot box. While voting at voter's
place of residence, one member of the polling station commission shall sign the
ballot and control check in the determined places. A voter shall confirm the
receipt of the ballots by signing the control check on the determined place and
the extract from the list of voters.
14. After the members of the commission return to the premises for voting, the
ballot box, the control checks and the extract from the list of voters shall be
given to the chairman of the polling station commission.
CHAPTER 8
Article 41
The Tabulation Procedure of Votes at the Polling Station
1. The tabulation of votes shall be done only by the members of the polling
station commission at the commission's meeting. During the tabulation of votes
no one has the right to make any notes or signs on the ballots for voting.
2. After the completion of voting on the basis of list of voters, the polling
station commission determines the total number of voters at the polling station.
3. Before the beginning of the tabulation of votes, the polling station
commission determines, by the amount of control checks signed by voters and
members of the commission, who issued the election ballots the number of voters
who received ballots.
4. After this, the control checks and unused ballots (with control checks) shall
be packed and sealed, the name of the ballot, the number of the election
constituency and polling station and the date shall be placed on the package,
and it shall be signed by the chairman and secretary of the polling station
election commission.
5. After the verification of the integrity of the seals on ballot boxes, the
chairman of the polling station commission opens them; after this, ballots are
divided separately for the elections in multi-mandate all-state election
constituency and for the elections in single-mandate election constituencies.
6. The commission shall determine the general number of ballots for the
respective constituencies and determine the number of voters who voted and the
number of ballots deemed void in the respective election constituency.
7. Ballots which are unidentified as well as those which do not have the
signature of the member of polling station commission who issued them, which
have more than one mark next to the names of candidates or names of political
parties, electoral blocs of parties, as well as ballots which do not have any
mark, or where it is impossible to identify the voter's will, are deemed void.
Any doubts as to authenticity of ballots shall be resolved by a vote of the
commission.
8. The determined number of void ballots should be indicated in the minutes;
void ballots on elections respectively in single-mandate and multi-mandate
all-state election constituencies, shall be packed separately with an indication
on the envelope of the name of election ballots, number of the election
constituency, number of the polling station, date and shall be signed by the
chairman and secretary of the polling station commission.
9. The commission calculates the number of votes cast for every candidate for
deputy and for every candidate list of political party, electoral bloc of
parties. After that, ballots shall be packed separately with votes "for" every
candidate for deputy and "for" respective candidate lists of political party,
electoral bloc of parties with an indication on the envelopes of the last name
of candidate for deputy or name of political party, electoral bloc of parties,
as well as the number of the election constituency, number of polling station,
signatures of the chairman and secretary of the polling station election
commission shall be placed on them.
10. The polling station commission shall complete separate minutes for the
multi-mandate all-state election constituency and single-mandate election
constituencies, which shall include:
the total number of voters, registered in the polling station;
the number of ballots received by the polling station;
the number of unused ballots;
the number of voters who received ballots;
the number of voters who participated in voting;
the number of voided ballots;
the number of votes cast "for" every candidate for deputy in a single-mandate
election constituency or the number of votes cast "for" list of candidates for
deputy from every political party, electoral bloc of parties in the
multi-mandate all-state election constituency.
11. The number of minutes completed by the polling station commission shall be
three and every copy of the minutes shall be signed by chairman, deputy
chairman, secretary and all members of the polling station commission. Separate
comments of commission members in the written form, written appeals and
complaints that were applied to the commission regarding the tabulation
procedure as well as decisions that the commissions adopted on them shall be
attached to the minutes. The first copy of the minutes along with envelopes with
ballots and control checks shall be immediately sent to the constituency
election commission, the second shall be kept by the secretary of the polling
station commission, and the third copy shall be immediately posted in the
premises of the polling station commission for general acquaintance.
Article 42
Determining Election Results in the Multi-Mandate All-State Election
Constituency
1. On the basis of the
minutes from the polling station election commissions, the constituency election
commission in the single-mandate election constituency determines at its
meeting:
the total number of voters in the election constituency;
the number of voters who received ballots;
the number of voters who participated in voting;
the number of voided ballots;
the number of votes cast "for" list of candidates for deputy from every
political party, electoral bloc of parties.
2. Minutes of the constituency commissions shall be made in three copies and
they shall be signed by the chairman, deputy chairman, secretary and all members
of the constituency election commission and stamped with the constituency
election commission stamp. Separate comments of commission members in the
written form, written appeals and complaints received by the commission and
decisions that the commission adopted on them shall be attached to the minutes.
The first copy of the minutes shall be immediately sent to the Central Election
Commission, the second shall be kept by the secretary of the constituency
election commission, and the third copy shall be at once posted in the premises
of the constituency election commission for general acquaintance.
3. A copy of the minutes shall be given to the authorized person of a political
party, electoral bloc of parties upon his/her request.
4. On the basis of the minutes of the constituency election commissions, the
Central Election Commission at its meeting determines:
the total number of voters in the multi-mandate all-state election constituency;
the number of voters who received ballots;
the number of voters who participated in voting;
the number of voided ballots;
the number of votes cast "for" lists of candidates for deputy from every
political party, electoral bloc of parties; and the percentage of votes cast for
these lists with regard to the total amount of voters who voted.
5. Lists of candidates for deputy from political parties, electoral blocs of
parties which received less than 4 percent of votes, which participated in
elections, shall be excluded from the distribution of deputy mandates.
6. Deputy mandates between political parties, electoral blocs of parties whose
lists of candidates for deputy received 4 or more than 4 percent of votes shall
be distributed proportionally as to the number of votes received by them.
7. For this purpose, the electoral quota, i.e., number of votes necessary to
obtain one mandate, shall be calculated.
8. The quota is calculated by dividing the number of votes in the multi-mandate
all-state election constituency cast for the lists of candidates for deputies
from political parties, electoral blocs of parties, which received 4 or more
than 4 percent of votes cast, by the number of mandates in the multi-mandate
all-state election constituency. Fractional remainders are put aside.
9. The number of votes cast for list of candidates for deputy from each
political party, electoral bloc of parties shall be divided by this quota.The
quotient is the number of mandates obtained by this party, electoral bloc of
parties. Fractional remainders shall be used for distribution of mandates that
remain undistributed.
10. The lists from political parties, electoral blocs of parties, which have
larger remainders in comparison with others, receive after division one
additional mandate, beginning from the list that has the largest fractional
remainder. If fractional remainders of two or more lists are equal, the
additional mandate shall be obtained by the list which received the greater
amount of votes. If after this procedure there remain undistributed mandates,
they shall be distributed using the same procedure.
11. Candidates of a political party, electoral bloc of parties shall be deemed
elected according to their sequence in the list. Candidates elected in
single-mandate election constituencies shall not be considered.
12. The money deposit shall be returned to political parties, electoral blocs of
parties if they obtained the right to participate in the distribution of
mandates.
13. The number of mandates received by political parties, electoral blocs of
parties shall be the result of elections.
14. Decisions regarding election results in the multi-mandate all-state election
constituency can be appealed to the court within ten days after their
publication by the Central Election Commission. The court shall consider the
appeals and adopt decisions on them within ten days.
Article 43
Determining Election Results in Single-Mandate Election Constituencies
1. On the basis of the
minutes from the polling station election commissions, the constituency election
commission determines:
the total number of voters in the constituency;
the number of voters who received ballots;
the number of voters who participated in voting;
he number of voided ballots;
the number of votes cast "for" each candidate for deputy;
the identity of the candidate who received the greatest number of votes "for".
2. The minutes shall be made in three copies and they shall be signed by the
chairman, deputy chairman, secretary and all members of the constituency
election commission and stamped with the constituency election commission stamp.
Separate comments of constituency election commission members in the written
form, written appeals and complaints, which were received by the commission as
well as decisions that the commissions adopted on them shall be attached to the
minutes. The first copy of the minutes shall be immediately sent to the Central
Election Commission, the second shall be kept by the secretary of the
constituency election commission, and the third copy shall be at once posted in
the premises of the constituency election commission for general acquaintance.
3. A copy of the minutes shall be given to the candidate or his/her authorized
person upon their request.
4. A candidate for deputy shall be deemed elected if he/she received more votes
cast than the other candidates, which were nominated in the given election
constituency. In the event the ballot included only one candidate for deputy,
he/she shall be deemed elected if the number of votes cast "for" him/her exceeds
the number of "do not support any candidate for deputy" votes in the
single-mandate election constituency.
5. If two or more candidates for deputy received the largest and at the same
time the equal number of votes, the repeat voting shall be conducted between
these two candidatures.
6. The constituency election commission shall make a decision regarding the
election of a people's deputy. This decision may be appealed within a week to
the Central Election Commission.
7. Elections shall be considered not to have been conducted if all candidates
registered in the constituency withdrew their candidatures.
8. The constituency election commission may announce elections void if, during
the course of the elections or the tabulation of votes, violations of this Law,
which influenced the results of elections, have taken place. This decision may
be appealed to the Central Election Commission within one week.
Article 44
Registration of People's Deputies and Publication of Election Outcomes.
1. The Central Election Commission registers the persons who were elected
People's Deputies of Ukraine, and issues them temporary credentials of People's
Deputy of Ukraine in accordance with this Law.
2. The determination of a candidate as the elected deputy shall be considered
the outcome of elections.
3. Outcomes of the elections of the people's deputies of Ukraine shall be
published by the Central Election Commission in the Newspaper "Holos Ukrayiny,"
publicized through television and radio no later than within twenty one days
after the elections.
4. Information about election outcomes and the list of elected people's deputies
of Ukraine shall be published in alphabetical order indicating the surname,
first name, patronymic, profession, position (occupation), place of work and
residence, party membership, and election constituency in which a deputy is
elected.
Article 45
Credential of the People's Deputy
1. The Central Election
Commission shall issue credentials of an established type to elected people's
deputies within one week after taking the oath.
CHAPTER 9
Article 46
Repeat Voting
1. A constituency election
commission makes a decision to hold repeat voting in the constituency if two or
more candidates received the largest and simultaneously the equal number of
votes in the single-mandate election constituency.
2. The constituency election commission shall inform the Central Election
Commission and voters of the constituency about this decision no later than on
second day after calculating the results of the first round of elections.
3. Repeat voting shall be conducted no later than within two weeks after regular
elections, in compliance with this Law.
Article 47
Definition of Elections as Void
1. The Central Election
Commission may declare elections void if, during the course of their conduct or
tabulation of votes, there were violations of this Law which influenced the
outcomes of elections.
2. A request to declare the elections void can be submitted to the Central
Election Commission by a person who nominated as a candidate for deputy, a
political party, electoral bloc of parties whose lists of candidates for deputy
were registered according to this Law, or by their authorized persons, as well
as by the bodies of the procurator's office of Ukraine within ten days after the
day of publicizing the results of the elections by the constituency election
commission.
3. Decision of the Central Elections Commission to declare the elections void,
to refuse to declare the elections void or non-adoption of a decision on this
issue can be appealed to the court by the procedure established by law.
Article 48
Repeat Elections
1. Repeat elections shall
be conducted in the multi-mandate all-state and single-mandate election
constituencies where the elections were declared void in the respective election
constituency or were declared as such that were not conducted.
2. The decision to conduct repeat elections shall be made by the Central
Election Commission.
3. Repeat elections shall be appointed no later than within a month from the day
when elections were declared void or such that they were not conducted. Voting
shall be conducted at the same polling stations using the same lists of voters
as were used for regular elections. The nomination and registration of
candidates for deputy and other electoral events shall be conducted according to
this Law.
4. Citizens, who had been refused registration as a candidate for deputy, or who
had committed actions which, according to court's indictment, brought about
consideration of elections, or repeat voting as void in any constituency, may
not stand for repeat elections in any single-mandate election constituency.
Article 49
Procedure to Fill Vacancies of People's Deputies
1. In the event a deputy
elected in the multi-mandate all-state election constituency, loses the deputy's
mandate, or his/her authority is terminated in advance for the reasons and by
the procedures envisaged by the Constitution of Ukraine and laws of Ukraine, the
first deputy, according to sequence, included into the list of the same
political party, electoral bloc of parties, who was not deemed elected people's
deputy of Ukraine according to article 42 of this Law, shall upon the decision
of the Central Election Commission be deemed elected. In the event the list of
candidates for deputy from political party, electoral bloc of parties has no
candidates to fill the vacant mandate, this mandate shall remain vacant till the
regular or extraordinary elections.
2. If a deputy that was elected in a single-mandate election constituency loses
the mandate or his/her deputy's authority is terminated in advance, elections to
replace such deputy are conducted in this constituency.
Article 50
Conduct of Elections to Replace Deputies Who Resigned
1. Elections to replace
deputies who resigned in single-mandate election constituencies shall be called
by the Central Election Commission no later than three months prior to their
conduct and shall be organized according to this Law.
2. With that, the constituency election commission shall be formed 50 days prior
to the election day, polling station commissions shall be formed one month prior
to election day, registration of candidates for deputy shall end 30 days before
the election day. Voter lists shall be presented for public acquaintance 10 days
before the election day.
3. During the fourth year of the acting Verkhovna Rada's of Ukraine authority,
the elections of a new deputy to replace the resigned deputy shall not be
conducted.
Article 51
Conduct of Extraordinary Elections of People's Deputies
1. Extraordinary elections
of people's deputies shall be conducted within sixty days from the day of
publication of the decision on the pre-term termination of the authority of the
Verkhovna Rada of Ukraine.
2. The decision on the conduct of election campaign shall be made by the Central
Election Commission no later than 60 days prior to the election day.
3. With that, the constituency election commissions shall be formed 50 days
prior to election day, polling station commissions - 30 days prior to the
election day. Registration of candidates for deputy shall end 20 days prior to
the election day. Voter lists shall be presented for public acquaintance 7 days
prior to the election day.
CHAPTER 10
Article 52
Responsibility for Violations of election Law
1. Persons who interfered
with the right of citizens of Ukraine to freely vote or to be elected as a
people's deputy of Ukraine or to conduct election campaigning, by means of
violence, fraud, threat, bribery or in other ways, or who campaigned in public
for boycotting elections, as well as members of election commissions,
authoritative and public officials from state power bodies, bodies of the
self-government, and from bodies of public associations who falsified election
documents, altered or deliberately miscalculated votes, or who violated the
secrecy of voting, or otherwise violated this Law, shall be accountable in
accordance with the laws of Ukraine.
2. Persons who published or otherwise distributed false information about the
candidates for deputy shall also carry the appropriate responsibility.
Article 53
The Storage of Election-Related Documents
1. After publishing the
voting results and election outcomes, the Central Election Commission sends
election related documents to the respective central state archive institution,
constituency and polling station commissions send them to the respective local
state archives.
2. Ballots shall be preserved for 4 years in the local state archives.
3. The state archive institutions shall provide access to election-related
documents in accordance with the legislation of Ukraine.
CHAPTER 11
1. This Law shall be
enacted on the day of the official promulgation.
Nomination of lists of candidates for deputies from political parties, electoral
blocs of parties for the participation in election in multi-mandate all-state
election constituency on the elections of people's deputies of Ukraine in March,
1998 shall begin from the day of promulgation of this Law.
2. The Law of Ukraine "On Elections of People's Deputies of Ukraine," enacted by
the Verkhovna Rada of Ukraine on November 18, 1993 with further amendment, as
well as Resolution of the Verkhovna Rada of Ukraine "On implementation of laws
of Ukraine "On Elections of People's Deputies of Ukraine", "On Elections of the
President of Ukraine", "On Elections of Deputies and Chairmen of Village,
Settlement, Rayon, City, Rayon in City, Oblast Radas" of July 13, 1994 in its
provisions concerning elections of people's deputies of Ukraine, shall lose
their legal force.
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