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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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