LAW OF
On
the Central Election Commission
In accordance with the Constitution of Ukraine, this Law determines the procedure
for the formation, the legal status, the range of authorities and the main
principles for organizing the activity of the Central Election Commission of
Ukraine as a permanently functioning collegial state body, which shall have the
competence to provide the organization of the preparation and conduct of
elections and referenda in Ukraine and to ensure the implementation and
protection of the electoral rights of citizens of Ukraine and their rights to
take part in referenda, as well as the sovereign right of the people of Ukraine
to express its will.
Chapter
I. GENERAL PROVISIONS
Article 1. The Status of Central Election Commission
1.
The Central Election Commission (hereafter – the Commission) is a permanently
functioning collegial state body, which shall work on the basis of the
Constitution of Ukraine, this and other laws of Ukraine and be assigned the
authorities to organize the preparation and conduct of elections of the
President of Ukraine, of people’s deputies of Ukraine, of deputies of the
Verkhovna Rada of the Autonomous Republic Crimea, of deputies of local councils
and of village, settlement and city heads, as well as nationwide and local
referenda in accordance with the procedure and within the limits established by
this and other laws of Ukraine.
2.
The Commission presides over the system of election commissions and commissions
on referendum, which are formed to organize the preparation and conduct of
elections of the President of Ukraine, of people’s deputies of
3.
The Commission is a legal person; it has a seal with its name.
Article 2. Main Principles of the Activity of the
Commission
1.
The Commission shall, in accordance with its authorities, ensure that the
principles of the election and referendum processes envisaged by the
Constitution of Ukraine and by the laws of Ukraine will be abided, that
citizens of Ukraine can exercise their electoral rights and rights to take part
in referenda, and that the legislation of Ukraine on elections and referenda
are equally applied on the whole territory of Ukraine.
2.
The Commission shall build its activity on the principles of rule of law,
legality, independence, objectivity, competence, professionalism and
collegiality when examining and solving questions, on motivated adopted
decisions, and on openness and publicity.
Article 3.
1.
The Commission is a collegial state body, which shall exercise its authority
autonomously, independently from other bodies of state power, bodies of local
self-government, their officers and officials.
2. The Commission and its members must only act upon the grounds, within the
limits of its authorities and in a manner, which is envisaged by the
Constitution of Ukraine, this and other laws of
3. The Constitution of
4. Members of the Commission are civil servants according to this Law.
5. Interference of any bodies, officers or officials, citizens or their
associations in the solving of questions, which are within the authorities of
the Commission, shall be prohibited, except in cases envisaged by the laws of
6. The Central Election Commission shall be provided with the legislative and
other sub-legal documents adopted by the Verkhovna Rada of
7. The guaranties of the independence of the Commission when exercising its
authorities are determined by the Constitution of Ukraine, this and other laws
of
Article 4. Openness and Publicity in the Activity of the
Commission
1.
The Commission shall act in an open and public manner.
2.
Candidates to the post of President of Ukraine, their proxies in the
nation-wide election constituency, candidates for people’s deputies of Ukraine,
authorized repreentatives of candidates to the post of President of Ukraine,
authorized persons of parties (blocs) – subjects of the election process,
authorized representatives of initiative groups for an nationwide referendum,
as well as official observers from foreign states, international organizations
and representatives of mass media shall have the right to be present at
sessions of the Commission without permission or invitation of the Commission.
3.
At sessions of the Commissions, during the consideration of applications and
complaints, representatives of the applicant, the complainant, the subject of
the complaint and other interested sides shall have the right to be present.
4.
Other person, apart from those specified in parts two and three of this
article, shall have the right to be present at sessions of the Commissions upon
invitation or permission of the Commission, about which the Commission shall
take a respective decision.
5.
Decisions of the Commission shall be published in central and local mass media
in cases, in the accordance to the procedure and within the terms established
by law.
6.
The Commission shall run its print organ – “The Messenger of the Central
Election Commission”
Article 5. Location of the Commission
1.
The location of the Commission is the capital of
2.
The building in which the Commission is located shall display the State Banner
of Ukraine.
3.
The State Emblem of
CHAPTER II. COMPOSITION,
PROCEDURE FOR FORMATION AND ORGANIZATION OF THE ACTIVITIES OF THE COMMISSION
Article 6. Composition of
the Commission and the Procedure for its Formation
1.
The Verkhovna Rada of
2.
The submission of the President of Ukraine on appointment of members of the
Commission shall take into account the suggestions of the parliamentary
factions and groups formed during the current convocation of the Verkhovna Rada
of
3.
The Commission shall consist of 15 members.
4.
The candidacies of persons to the positions as members of the Commission shall
be discussed in advance in the parliamentary factions and groups, and the
appointment of them shall be conducted when the conclusions of the respective
profile committee of the Verkhovna Rada of
5.
The Chairperson of the Commission, two Deputy Chairpersons of the Commission
and the Secretary of the Commission shall be elected from among the members of
the Commission.
6.
The Chairperson of the Commission, the Deputy Chairpersons, the Secretary of
the Commission as well as not less than five other members of the Commission
must have higher legal education.
7.
The Commission shall work on a permanent basis. A member of the Commission
shall be a civil servant.
8.
The term of authorities of a member of the Commission is 7 years.
Article 7. Requirements to
Members of the Commission
1.
A member of the Commission must be a citizen of Ukraine who on the day of
appointment has attained the age of twenty five years, who has the right to
vote, who has lived in Ukraine for at least the last five years and who has a
command of the state language.
2.
A citizen of
3.
A member of the Commission cannot be a people’s deputy of Ukraine or hold
another elected office, or be a member of other election commissions or
commissions on referendum, or be member of an initiative group for nationwide
or local referendum, or engage in entrepreneurial activity, or be a proxy in
the Commission of a third person, or perform work which is incompatible with
the mandate (except for scientific, tutorial or creative activity), or be a
member of the board of supervisors or other administrative bodies of
organizations whose aim it is to generate profit. A member of the Commission
may not be a member of bodies of the executive power or executive bodies of
local self-government.
4.
A member of the Commission cannot be candidate for President of Ukraine,
candidate for people’s deputy of Ukraine, for deputy of a local council or the
Verkhovna Rada of the Autonomous Republic Crimea, candidate to the post of
village, settlement or city heads, or their proxy, nor can he or she be a
representative or authorized person of a political party (election bloc of
parties), that takes part in the elections. If a member of the Commission
obtains the mentioned status, the Commission shall take a decision to terminate
his or her authorities for the period he or she upholds such status.
5.
A member of the Commission, who prior to his or her appointment was member of
any political party, must terminate his or her membership of this party for the
period he or she is carrying out his or her authorities. He or she cannot take
part in its activity or carry out assignments for the party, for any of its
bodies or officials.
Article 8. The Oath of the Member of the Commission
1.
A member of the Commission shall, prior to entering into office on the plenary
session of the Commission, take an oath of the following content:
“I,
(surname, name and patronymic) swear to the Ukrainian people that I, while
carrying out my authorities in the Central Election Commission, shall abide by
the Constitution of Ukraine and the laws of Ukraine, maintain a non-partisan
position, be honest, objective and unbiased when deciding issues that fall
within the authorities of the Commission, and ensure the exercise and
protection of electoral rights of citizens of Ukraine and their rights to take
part in referenda.”
The
person who took the oath of a member of the Commission shall put his signature
under the text of the oath.
2.
If a member of the Commission refuses to take the oath it shall have the
consequence that the Verkhovna Rada of
3.
The Commission shall gain its authorities from the moment that not less than
two-thirds of its members have entered into office and taken the oath.
4.
A member of the Commission shall after he has taken the oath receive a
certificate signed by the President of Ukraine.
Article 9. The Election
of the Chairperson, the Deputy Chairpersons and the Secretary of the Commission
1.
The Chairperson of the Commission, the Deputy Chairpersons of the Commission
and the Secretary of the Commission shall be elected at its session by way of a
secret vote.
2.
The session of the Commission, during which the Chairperson of the Commission,
the Deputy Chairpersons and the Secretary of the Chairperson are elected, shall
be considered authorized when not less than two-thirds of its personal
membership is present at it.
3.
The election of the Deputy Chairpersons of the Commission and the Secretary of
the Commission shall be conducted after the election of the Chairperson of the
Commission.
4.
The Chairperson of the Commission shall suggest the candidacies for the posts
of Deputy Chairpersons of the Commission and Secretary of the Commission.
5.
The procedure for electing the Chairperson, the Deputy Chairpersons and the
Secretary of the Commission shall be established by the Rules of procedure of
the Commission.
Article 10. The Organization of the Activity of the Commission
1.
The Commission shall take decisions on issues that fall within the authority of
the Commission after they have been considered at its sessions.
2.
The Chairperson of the Commission shall organize the activity of the
Commission.
3.
The procedure for the organization of the work of the Commission shall be determined
by this Law, the Rules of procedure of the Central Election Commission, as well
as by other acts, which the Commission shall adopt when implementing this and
other laws.
4.
The Commission shall adopt the Rules of procedure of the Commission, as well as
other acts of the Commission specified in part three of this article, and
approve them by its resolutions.
Article 11. The Session of the Commission
1.
The main organizational form of the activity of the Commission is its session.
Any issue that, according to this and other laws of
2.
A session of the Commission shall be called by its Chairperson, and in case of
his or her absence – by one of the Deputy Chairpersons of the Commission. In
case the Chairperson or the Deputy Chairpersons of the Commission are absent or
if they refuse to call the session of the Commission, it can be called by not
less than two-thirds of the members of the Commission given all members of the
Commission are informed about the time and place for the session.
3.
The session of the Commission shall be conducted by its Chairperson or, on the
assignment of the Chairperson or with the consent among his or her deputies, by
one of his or her deputies. In case the Chairperson and his or her deputies are
absent or for some reason do not carry out their functions, the Commission
shall elect a person from its membership to chair the session by a majority of
votes of the membership of the Commission.
4.
The session of the Commission is authorized if not less than two-thirds of the
membership envisaged by this Law is present.
5.
The Chairperson, or in his or her absence – the person chairing the session,
shall suggest the agenda of the Commission. The agenda of the session shall be
approved by a decision of the Commission.
6.
Persons who are specified in part two, three and four of article 4 of this Law
may take part in the session of the Commission. The Commission may take a
motivated decision denying these persons the right to take part in the session
of the Commission if they obstruct the conduct of it. Concerning persons
specified in part two of article 4, such a decision shall be taken with
two-thirds of the votes of the membership of the Commission.
7.
The Commission shall keep minutes of the session that shall be signed by the
Chairperson of the Commission, or in cases envisaged by part three of this
article – by the person chairing the session of the Commission, and by the
Secretary of the Commission as well.
Article 12. A Decision of the Commission
1.
The Commission shall adopt a decision on the results of the consideration of
issues on the agenda of the session of the Commission in the form of a
resolution.
2.
The Commission may adopt a protocol decision on issues concerning the everyday
internal activity of the Commission.
3.
A resolution of the Commission must contain:
1)
The name of the Commission;
2)
The name of the decision of the Commission;
3)
The date and place for the adoption of the decision of the Commission and the
serial number of the resolution;
4)
The established facts and reasons for adopting the decision of the Commission,
as well as the acts of legislation of Ukraine, and if such exist – the
decisions of juridical bodies which the Commission was governed by when it took
the decision;
5)
The conclusion of the Commission.
4.
A decision of the Commission shall be taken on the session of the Commission by
an open vote of the majority of votes of the membership of the Commission.
5.
A member of the Commission present at its session who does not agree with the
decision adopted by the Commission shall have the right in written form to
express a dissenting opinion which shall be attached to the minutes of the
session of the Commission.
6.
The decision of the Commission shall be signed by the Chairperson of the
Commission, or in cases envisaged by part three of article 11 of this Law – by
the person chairing the session of the Commission.
7.
Decisions taken by the Commission may only be changed by the Commission on its
own initiative or on the basis of a court decision.
8.
A decision of the Commission may be appealed to court in accordance with the
procedure established by this and other laws.
Article 13. The Mandatory
Character of the Decisions of the Commission
1.
It is mandatory for all subjects of the respective election process or process
of referendum to implement a decision of the Commission, taken within the
limits of its authorities, including for the respective lower-level election
commissions and commissions on referendum, as well as for bodies of the
executive power, bodies of local self-government, their officers and officials,
associations of citizens, enterprises, institutions and organizations of all
forms of ownership and for the citizens of Ukraine.
2.
If a decision envisages that certain persons shall take measures in order to
implement it, then the Commission must be informed about the measures taken to
implement the decision within the terms it has established.
3.
Leaders and other officers or officials of bodies of the executive power,
bodies of local self-government, political parties (election blocs of political
parties), other associations of citizens, enterprises, institutions and
organizations or of election commission and commissions on referendum are
obliged in accordance with the procedure envisaged by law to appear on the
session of the Commission on its request, provide the necessary information and
materials and answer questions.
4.
If signs of a committed crime or other infringements of the law are detected in
the process of considering issues at the session of the Commission, the
Commission shall take a decision to address the respective law enforcement
agencies with a request and submit the respective materials to them. The law
enforcement agency, to which the mentioned materials have been submitted, shall
inform the Commission about the results of the consideration of the request or
the measures taken within the terms established by law.
Article 14. The Procedure for Submitting a Request to the Commission
1.
Voters, election commissions, commissions on referendum, other subjects of the
election and referendum processes, bodies of state power, bodies of local
self-government, associations of citizens, enterprises, institutions and
organizations independent of the form of ownership, foreigners or persons
without citizenship, as well as bodies of power of foreign states and
international organizations have the right to address the Commission with a
request in accordance with the procedure established by this Law, the Law of
Ukraine “On addresses of citizens” and other laws of Ukraine. As well a single
person (individually) or a group of persons (collectively) may submit a
request.
2.
A request submitted to the Commission shall be subject to registration in
accordance with the procedure established by the Commission.
3.
The following shall be considered a request pursuant to this Law:
1)
An application, which contains a request to facilitate the exercise of
electoral rights and the right to take part in referenda, to provide
consultative-methodological assistance or recommendations in relation to the
preparation and conduct of elections and referenda, or clarifications about the
application of the legislation of Ukraine on election and referenda or which
express opinions, recommendations or advice aimed at improving the legislation
of Ukraine in relation to elections and referenda and the legal regulations of
elections and referenda in Ukraine, or aimed at enhancing the activity of
election commissions, commissions on referenda etc;
2)
A complaint, which contains information about violations of the legislation of
Ukraine on elections and referenda and a demand to ensure the exercise and
protection of electoral rights, the right to take part in referenda or the
legal interests of subjects of the election and referendum processes, or a
demand to reinstate violated electoral rights or rights to take part in
referenda.
4.
Complaints shall be submitted and considered according to the procedure and
within the terms established by the respective law of
5.
An application may be submitted to the Commission in written or oral form. An
application in oral form shall be submitted to members of the Commission
personally during their reception hours and shall be taken down in accordance
with the procedure established by the Commission.
6.
A written complaint submitted to the Commission must contain:
1)
The name of the Commission or the surname of the member of the Commission to
whom the person applies;
2)
The surname, name and patronymic, the place of residence of the physical person
or the precise name and location of the physical person – the applicant;
3)
The essence of the raised issue, an outline of the circumstances and factual
data that are of importance for resolving the application;
4)
The content of the request or recommendation;
5)
The signature of the applicant or his representative if the applicant is a
legal person;
6)
The date of the application.
7.
Applications which do not comply with the formal requirements established in
part six of this article shall be returned to the applicant with the respective
clarification within the terms established by the Law of Ukraine “On addresses
of citizens”, if another term is not established by the respective law of
Ukraine on elections or referenda.
8.
If it is not within the authorities of the Commission to resolve the issue
raised in the application, the application shall be forwarded, depending on the
subject, to the respective body of state power, body of local self-government,
enterprise, institution, organization, political party or other association of
citizens, or officer or official within the terms established by the Law of
Ukraine “On addresses of citizens”.
9.
If the application does not contain the necessary data for taking a justified
decision to essentially resolve the issue raised in the application or to
forward the application depending on the subject, such an application shall be
returned to the applicant with the respective clarifications within the terms
established by the Law of Ukraine “On addresses of citizens”, if another term
is not established by the respective law of Ukraine on elections or referenda.
10.
A complaint submitted to the Commission must contain:
1)
The name of the Commission to which it is submitted;
2)
The surname, name and patronymic, the place of residence of the person who
submits the complaint, or the precise name and location (office postal address)
of the subject submitting the complaint – the legal person or another
collective subject of the election process or the process of referendum;
3)
The name of the subject of the complaint and his postal address;
4)
The essence of the raised question (the issue of the complaint);
5)
The formulated demands;
6)
An outline of the circumstance and the specified evidence on which the
complainant bases his or her demands;
7)
A list of documents and materials attached;
8)
An indication of the interested persons whom the subject submitting the
complaints consider necessary to include in the consideration of the complaint;
9)
The signature of the complainant (representative of the subject submitting the
complaint – the legal person or another collective subject of the election
process or the process of referendum);
10)
The date the complaint was signed.
11.
A complaint which do not comply with the formal requirements in part ten of
this article shall be returned to the subject who submitted the complaint or to
his or her representative with the respective clarifications no later than the
following day after the day the complaint was received if another term is not
established by the respective law of Ukraine on elections or referenda.
Article 15. The Procedure
and Terms for Considering Requests Submitted to the Commission
1.
Applications and complaints submitted to the Commission shall be considered in
accordance with the procedure established by this and other laws, as well as by
the Rules of procedure of the Central Election Commission.
2.
Applications and complaints, which were submitted to the Commission during the
election process or process of referendum and which concern this process, shall
be considered by the Commission within a period of five days from the day the
application or complaint was received if another term is not established in the
respective law of Ukraine on elections or referenda. The day of submission of
such application or complaint shall be considered the actual day the Commission
received the complaint.
3.
Applications or other requests which do not concern the election process or
process of referendum or which were not submitted during such a process shall
be considered by the Commission on general terms established by law.
4.
A complaint submitted to the Commission shall be considered at the session of
the Commission. The Commission shall take a decision on the outcome of the
consideration of the complaint.
5.
A member of the Commission shall, on the assignment of the Chairperson of the
Commission or one of his or her deputies, preliminarily consider an application
submitted to the Commission.
6.
Based on the preliminary consideration of the application, the member of the
Commission may recommend the Commission to consider it at the session of the
Commission and take a decision in regard to such an application.
7.
If the application does not demand the Commission to take a decision, the
member of the Commission may, on the assignment of the Chairperson or one of
his or her deputies, give the applicant an answer in his or her name.
Article 16. Consideration of Issues by the Commission on
its Own Initiative
1.
If the Commission obtains knowledge about a violation of the legislation of
Ukraine on elections and referenda, of the electoral rights of citizens of
Ukraine or of the right to take part in referendum as a result of checks it has
conducted, or from mass media or from other sources which do not infringe the
legislation of Ukraine, the Commission shall have the right on its own
initiative to consider issues, which fall within its authorities, and take
decisions in this regard in accordance with the procedure established by this
Law.
2.
The Commission may as a result of drawing general conclusions from the practice
of applying the legislation of Ukraine on elections and referenda and from the
practice of conducting elections and referenda in Ukraine as well as if
necessary on its own initiative consider and in accordance with the procedure
established by this Law decide on issues related to:
1)
Providing election commissions or commissions on referenda with clarifications
and recommendations concerning the application of the legislation of
2)
The organization of the preparation and conduct of elections and referenda;
3)
The organization of the work of election commissions and commissions on
referenda;
4)
The preparation of suggestions aimed at improving the legislation of
5)
Other issues which fall within the authorities of the Commission.
Chapter III. THE AUTHORITIES OF THE
COMMISSION
Article 17. General Authorities of the Commission
The
Commission shall:
1)
Ensure the implementation and protection of the electoral rights of citizens of
2)
Ensure that the principles of the election and referendum processes envisaged
by the Constitution of Ukraine and the laws of
3)
Exercise control with the abidance of the requirements of the legislation of
4)
Ensure equal application of the legislation of
5)
Render consultative-methodological support to the activity of election
commissions and commissions on referenda and adopt mandatory clarifications and
recommendations about the application of the legislation of
6)
Prepare suggestions aimed at improving the laws in relation to the conduct of
elections and referenda;
7) If necessary, apply to the Constitutional Court of Ukraine for an official interpretation
of the Constitution of Ukraine, the laws of Ukraine or certain provisions of
the laws of Ukraine on issues related to the organization of the preparation
and conduct of elections and referenda in Ukraine;
8) Keep, be the main manager and ensure the function of the State register of
voters pursuant to law;
9) Exercise control over abidance with the requirements of the legislation on
elections and referenda from the side of political parties (election blocs of
political parties), other subjects of the election process and the process of
referendum;
10) Provide accreditation of official observers from foreign states and
international organizations to elections and referenda and issue them
certificates;
11) Take measure aimed at enhancing the legal culture of the participants of
the election process and referenda;
12) Publish information about the preparation and conduct of elections and
referenda in
13) Exercise other authorities envisaged by the laws of
Article 18. The
Authorities of the Commission in regard to the Organization of the Preparation
and Conduct of the Elections of the President of Ukraine
The
Commission shall:
1)
Organize the preparation and conduct of the elections of the President of
Ukraine;
2)
Announce the beginning of the process of the elections of the President of
Ukraine;
3)
Preside over the system of election commissions formed for the conduct of the
elections of the President of Ukraine and direct and control their activity;
4)
Form territorial election districts for the elections of the President of Ukraine;
5)
Form the territorial election commissions for the elections of the President of
Ukraine; exercise the authorities of the territorial election commission for
the out-of-country election district;
6)
Publish the resolutions of the Commission and other information in regard to
the elections of the President of Ukraine in cases envisaged by law;
7)
Exercise control with the appropriate use of funds allocated from the State
budget of
8)
Control the procedure of receipt, recording and use of funds of the campaign
funds of candidates to the post of President of Ukraine in accordance with the
procedure and within the limits established by law;
9)
Establish the forms of election documentation, approve the samples of ballot
boxes for voting and the seals of election commissions, determine the procedure
for storage and transfer of election documentation to the respective state archival
institutions;
10)
Listen to reports from election commissions, heads of ministries, other bodies
of the executive power and bodies of local self-government on issues related to
the preparation and conduct of the elections of the President of Ukraine;
11)
Register candidates to the post of President of Ukraine, their proxies and
authorized representatives in the Central Election Commission;
12)
Establish the form and approve the text of the election ballot for the
elections of the President of Ukraine and ensure the production of election
ballots;
13)
Address the Constitutional Court of Ukraine with a request to cancel the
registration of a candidate to the post of President of Ukraine on the grounds
established by law;
14)
Determine and officially announce the results of the elections of the President
of Ukraine;
15)
File a submission to the Verkhovna Rada of
16)
After the newly elected President of Ukraine has taken the oath, hand over a
certificate of the President of Ukraine to him or her;
17)
Exercise other authorities in accordance with this Law, the Law of
Article 19.
The Authorities of the Commission in regard to the Organization of the
Preparation and Conduct of the Elections of People’s Deputies of Ukraine
The
Commission shall:
1)
Organize the preparation and conduct of the elections of people’s deputies of
2)
Preside over the system of election commissions formed for the conduct of the
elections of people’s deputies of
3)
Publish the resolutions of the Commission and other information in regard to
the elections of people’s deputies of
4)
Exercise control with the appropriate use of funds allocated from the State
budget of
5)
Control the procedure of receipt, recording and use of funds of the campaign
funds of political parties (election blocs of political parties) in accordance
with the procedure and within the limits established by law;
6)
Take decisions on compensation to political parties for expenditures connected
with financing the pre-election campaign during the conduct of elections of
people’s deputies of
7)
Form territorial election districts for the elections of people’s deputies of
8)
Register candidates for people’s deputies of
9)
Take decisions to cancel the registration of candidates for people’s deputies
of
10)
Establish the forms of election documentation, approve the samples of ballot
boxes for voting and the seals of election commissions, determine the procedure
for storage and transfer of election documentation to the respective state
archival institutions;
11)
Establish the form and approve the text of the election ballots and ensure the
production of them;
12)
Listen to reports from election commissions, as well as from ministries and
other bodies of the executive power, and bodies of local self-government on
issues related to the preparation and conduct of the elections;
13)
Exercise the functions as district election commission of the multi-mandate
nationwide election district, determine the results of the elections of
people’s deputies of
14)
Register the elected people’s deputies of
15)
Publish a list of the elected people’s deputies of Ukraine indicating their
surname, name and patronymic, date of birth, education, occupation (position),
place of work and residence, and affiliation to a political party (election
bloc of political parties);
16)
Issue a temporary certificate of a people’s deputy of
17)
Control the activity of bodies of state power and bodies of local
self-government related to providing election commissions with premises, transportation,
communication lines and other means of logistic support for the elections;
18)
Determine, in accordance with the law, the procedure for the use of mass media
during the pre-election campaign;
19)
Exercise other authorities in accordance with this Law, the Law of Ukraine “On
the Elections of People’s Deputies of Ukraine” and other laws of
Article 20. The
Authorities of the Commission in regard to the Organization of the Preparation
and Conduct of the all-Ukrainian referendum
The
Commission shall:
1)
Organize the preparation and conduct of the all-Ukrainian referendum;
2)
Register initiative groups for the all-Ukrainian referendum;
3)
Establish the form of the signature lists for collecting signatures in support
of the all-Ukrainian referendum on the initiative of the people;
4)
Preside the system of commission that are formed for the preparation and
conduct of the all-Ukrainian referendum and direct the activity of these
commissions;
5)
Form the commissions on the all-Ukrainian referendum (except for precinct
commissions);
6)
Adopt mandatory clarifications about the application of the legislation on the
all-Ukrainian referendum and render methodical assistance to the activity of
the commissions on the all-Ukrainian referendum;
7)
Approve the budget schemes of expenditures of the commissions on the
all-Ukrainian referendum from the funds that are allocated from the State
budget of Ukraine for the preparation and conduct of the all-Ukrainian
referendum, control the use of these funds, as well as provide the commissions
on the all-Ukrainian referendum with premises, transportation and communication
lines, and consider other issues of material-technical support for the
all-Ukrainian referendum;
8)
Establish the forms of documentation of the all-Ukrainian referendum, approve
the samples of the boxes for voting and the seals of the commissions, and
determine the procedure for storage and transfer of documentation to the
respective state archival institutions;
9)
Establish the form of the ballot for voting in the all-Ukrainian referendum and
ensure their production;
10)
Listen to reports of the commissions on the all-Ukrainian referendum, as well
as from the heads of ministries and other bodies of the executive power, and
bodies of local self-government on issues related to the preparation and
conduct of the all-Ukrainian referendum;
11)
Determine the results of the all-Ukrainian referendum in total for
12)
Consider applications and complaints on decisions, actions or inactivity with
regard to the all-Ukrainian referendum and take decisions on these issues;
13)
Exercise other authorities in accordance with this and other laws of
Article 21. The
Authorities of the Commission in regard to the Organization of the Preparation
and Conduct of Elections of Deputies of the Verkhovna Rada of the Autonomous
Republic Crimea, Deputies of local councils, village, settlement and city Heads
The Commission shall:
1)
Exercise control over the organization of the preparation and conduct of the
elections of deputies of the Verkhovna Rada of the Autonomous Republic Crimea,
deputies of local councils, and village, settlement and city heads;
2)
Exercise control over abidance with the election legislation of
3)
Exercise control over abidance with the legislation of Ukraine regarding the
adoption of decisions within the terms established by law on issues related to
the preparation and conduct of the elections of deputies of the Verkhovna Rada
of the Autonomous Republic Crimea, deputies of local councils, and village,
settlement and city heads;
4)
Call repeat and interim elections of deputies of the Verkhovna Rada of the
Autonomous Republic Crimea if the election commission of the Autonomous
Republic Crimea does not take the decision on calling elections of deputies of
the Verkhovna Rada of the Autonomous Republic Crimea within the terms
established by law;
5)
Call repeat and interim elections of deputies of local councils and village,
settlement and city heads if the respective territorial election commission or
body of local self-government does not take the decision on calling the
elections of the deputy of local councils or the village, settlement and city
head within the terms established by law;
6)
Exercise control over the formation of territorial election commissions of
local elections;
7)
Establish the forms of the election documentation, approve the samples of the
boxes for voting and the seals of election commissions and determine the
procedure for storage and transfer of election documentation to the respective
state archival institutions;
8)
Exercise other authorities in accordance with this and other laws of
Article 22. The
Authorities of the Commission in regard to the Organization of the Preparation
and Conduct of Local Referenda
The
Commission shall:
1)
Provide consultative-methodological support to the activity of the commissions
that are formed for the preparation and conduct of local referendum;
2)
Establish the form of the election ballot for voting in local referenda, the
sample of the box for voting in local referenda, as well as other documentation
concerning the conduct of local referendum;
3)
Exercise other authorities in accordance with this and other laws of
Article 23. The
Authorities of the Commission in regard to the Financial Support for the
Organization of the Preparation and Conduct of Elections and Referenda in
1.
The Commission shall submit suggestions concerning the formation of the State
budget of
2.
The Commission shall provide the financial and material-technical support for
the elections and referenda in accordance with this and other laws of
3.
The Commission shall draw up a budget scheme and distribute the funds that are
allocated from the State budget of Ukraine for financial support to the preparation
and conduct of elections and the all-Ukrainian referenda to the activities of
the respective election commissions and commissions on the all-Ukrainian
referendum, control the correct and appropriate use of the specified funds and
engage employees of the state control and auditing service of Ukraine in
conducting revisions.
4.
The procedure for recording the receipt and use of budget funds allocated to
the preparation and conduct of the elections and all-Ukrainian referenda, the
funds of the campaign funds of candidates and the campaign funds of parties
(election blocs of parties) shall be determined by the Commission in
co-operation with the Ministry of Finance of Ukraine in accordance with the
laws of Ukraine.
5.
The Commission shall establish the forms of the financial reports of election
commissions and commissions on all-Ukrainian referendum, on the receipt and use
of funds allocated for the preparation and conduct of the respective elections
or all-Ukrainian referendum, and the financial report of candidates to elected
offices and of political parties (election blocs of political parties).
6.
The Commission shall, not later than within three months after the day of the
official publication of the final results of the elections or the all-Ukrainian
referendum, submit financial reports to the Chamber of Accounting about the use
of funds from the State budget of Ukraine allocated for the preparation and
conduct of the respective elections of the President of Ukraine, people’s deputies
of Ukraine or the all-Ukrainian referendum.
Article 24. International Co-operation of the Commission
1.
The Commission and its members can exchange experience with respective state
bodies of other countries and international organizations.
2.
The Commission can enter into international organizations (associations) of
election bodies.
3.
Members of the Commission may take part in observation of the preparation and
conduct of elections in other countries as international observers on the initiative
of the Commission, the Cabinet of Ministers of Ukraine, as well international
organizations to which
Article 25. The
Commission’s Usage of Automatic Information Systems
1.
The Commission may apply automatic information systems when conducting the
elections of people’s deputies of
2.
Members of the Commission shall have the right to acquaint themselves with any
information that are placed in automatic information systems of the Commission
or retrieved from it.
3.
During the voting procedure, automatic information systems may exclusively be
used to observe the pace and the results of the voting. Information about the
results of the voting received through the automatic information system is
preliminary information, which shall not have legal implications.
Chapter IV. THE LEGAL STATUS OF MEMBERS
OF THE COMMISSON
Article 26. The Authorities of the Chairperson of the Commission
1.
The Chairperson of the Commission shall obtain his or her authorities after the
Commission has approved the minutes of the control commission on the results of
the election of the Chairperson of the Commission.
2.
The Chairperson of the Commission shall:
1)
Exercise the general management of the activity of the Commission, manage its
Secretariat and organize its work;
2)
Call and conduct the sessions of the Commission, propose the agenda of the
session of the Commission;
3)
In the name of the Commission, inform the Verkhovna Rada of
4)
Sign the resolutions of the Commission and the minutes of its sessions;
5)
Ensure the consideration of addresses submitted to the Commission and
personally receive citizens of
6)
Represent the Commission in relations with bodies of state power, bodies of
local self-government, associations of citizens, election commissions,
commissions on referendum, enterprises, institutions and organizations, foreign
states and voters;
7)
Submit the provisions for the Secretariat of the Commission, its structure and
staff and the provisions for the patronage service for approval of the
Commission;
8)
Appoint to positions and release from positions the head of the Secretariat of
the Commission and other officials and employees of the Secretariat of the
Commission and employees of the patronage service, as well as resolve other
issues in accordance with the law of Ukraine “On State Service” and other laws
of Ukraine;
9)
Submit for approval of the Commission the financial report about the use of
funds allocated from the State budget of Ukraine for the preparation and
conduct of the respective elections and referenda, which after approval of the
Commission shall be sent to the Chamber of Accounting of the Verkhovna Rada of
Ukraine within terms determined by the current legislation of Ukraine;
10)
Submit suggestions concerning rewarding honorary distinctions of the Commission
for the consideration of the Commission;
11)
Exercise the authorities envisaged by this Law of a member of the Commission;
12)
Exercise other authorities in accordance with this and other laws of
3.
The Chairperson of the Commission shall be the manager of the funds allocated
from the State budget of
4.
The Chairperson of the Commission shall, within the limits of his or her
authorities, issue instructions and give assignments about the organization of
the activity of the Commission and its Secretariat.
Article 27. The
Authorities of the Deputies of the Chairperson of the Commission
1.
The Deputy Chairpersons of the Commission shall obtain their authorities after
the Commission has approved the respective minutes of the control commission
about the results of the elections of deputy Chairpersons of the Commission.
2.
The Deputy Chairperson of the Commission shall:
1)
Carry out certain responsibilities that follow from the authorities of the
Commission on the instruction or assignment of the Chairperson of the
Commission.
2)
Exercise certain authorities of the Chairperson of the Commission envisaged by
this Law, on the instruction or assignment of the Chairperson of the Commission
in case he or she is absent or unable to exercise his or her authorities;
3)
Personally receive citizens of
4)
Exercise the authorities of a member of the Commission envisaged by this Law;
5)
Exercise other authorities in accordance with this and other laws of
Article 28. The Authorities of the Secretary of the
Commission
1.
1. The Secretary of the Commission shall obtain his or her authorities after
the Commission has approved the minutes of the control commission about the
results of the election of Secretary of the Commission.
2.
The Secretary of the Commission shall:
1)
Prepare the sessions of the Commission and the issues and materials that it
shall consider;
2)
Ensure that members of the Commission are informed about the time and place of
the session and about the issues that are envisaged for its consideration;
3)
Sign the minutes of the sessions of the Commission;
4)
Ensure the business transactions of the Commission, bring the decisions of the
Commission and the resolutions and assignments of the Chairperson of the
Commission to the knowledge of the members of the Commission, of other election
commissions, of commissions on referenda, bodies of state power and bodies of
local self-government, enterprises, institutions and organizations, their
officers and officials, and of subjects of the election process and process of
referendum, as well as ensure that the respective information is given to the
media;
5)
Personally receive citizens of
6)
Exercise the authorities of a member of the Commission envisaged by this Law;
7)
Exercise other authorities in accordance with this and other laws of
Article 29. The Authorities of a Member of the Commission
1.
Members of the Commission shall exercise authorities in accordance with the
division of responsibilities among them approved by the Commission, and shall
as well carry out certain assignments of the Chairperson of the Commission or
of the Deputy Chairperson of the Commission in case he or she carries out the
authorities of the Chairperson of the Commission in the cases envisaged by this
Law.
2.
A member of the Commission shall:
1)
Prepare issues for the consideration of the Commission, and take part in the
consideration of the issues on the agenda of the session of the Commission;
2)
On the decision of the Commission, or in certain cases on the instruction of
the Chairperson of the Commission, represent the Commission in relations with
bodies of state power, bodies of local self-government, election commission,
commissions on referendum, associations of citizens or enterprises,
institutions and organizations;
3)
Consider applications from subjects of the election process and the process of
referendum;
4)
Personally receive citizens and subjects of the election process and the
process of referendum;
5)
Suggest the Commission to appeal to the Constitutional Court of Ukraine for
official interpretations of the Constitution of Ukraine and the laws of
6)
Suggest the inclusion of scientists and specialists into expert, analytical or
other work connected with exercising the authorities of the Commission;
7)
Suggest the Chairperson of the Commission encourage or hold employees of the
Secretariat of the Commission disciplinarily responsible;
8)
Exercise other authorities in accordance with this and other laws of
3. When a member of the Commission exercises his or her authorities, he or she
shall have the right to:
1) Demand and receive the necessary documentation, statistical data, financial
reports and other material, as well as oral and written explanations on issues
that relate to the authorities of the Commission from bodies of the executive
power, bodies of local self-government, their officers and officials, from
leaders or other officers and officials of enterprises, institutions and
organizations of all forms of ownership, from election commissions, commissions
on referendum and political parties (election blocs of political parties);
2)
Invite scientists, specialists and experts, as well as employees of
institutions and organizations and the state control and auditing service to
take part in the preparation of certain issues;
3)
Submit suggestions (demands) concerning the election process or the process of
referendum, whose consideration shall be mandatory;
4) Use the databases of bodies of state power and bodies of local
self-government in accordance with the procedure established by law;
5) Use state, including governmental, communication systems;
6) Enter the premises of bodies of state power and bodies of local
self-government, of associations of citizens, enterprises, institutions and
organizations unobstructed in cases envisaged by the legislation of Ukraine, as
well as be present at the sessions of election commissions and commissions of
referenda;
7) Take the floor at sessions of Commission, come up with suggestions on issues
that are within its authorities and demand a vote be taken on them;
8) Be present at sessions of the Verkhovna Rada of Ukraine, its committees, and
temporary special and temporary investigative committees, as well as at
sessions conducted by the Cabinet of Ministers of Ukraine, in ministries and
other bodies of state power and bodies of local self-government concerning the
consideration of issues related to the conduct of elections and referenda;
9) Familiarize him or herself with the documents and materials of the
Commission;
10) In case of disagreement with a decision adopted by the Commission, express
in written form a dissenting opinion, which shall be attached to the minutes of
the session of the Commission;
11) Be present at all events conducted by the Commission.
4. A member of the Commission shall be obliged to abide by the requirements of
the Constitution of Ukraine and the laws of
5. It shall be prohibited for a member of the Commission to take part in the
pre-election or referendum campaign.
Article 30. The Reasons and Procedure for
Terminating the Authorities of a Member of the Commission
1.
The authorities of a member of the Commission shall be terminated in connection
with the expiry of the term, for which he or she was appointed.
2.
A member of the Commission whose term of authorities has terminated shall not
take part in the sessions of the Commission in the period before the Verkhovna
Rada of
3.
The authorities of a member of the Commission may be terminated prior to the
expiration of terms for the reasons and in accordance with the procedure
established by this Law.
4.
The reasons for terminating the authorities of a member of the Commission prior
to the expiration of terms are:
1)
A personal request about termination of authorities;
2)
If he or she attains the age of sixty five years;
3)
Termination of his or her citizenship of
4)
His or her departure from
5)
His or her neglect of the requirements concerning incompatibility of the
mandate with other kinds of activity established by part three and five of
article 7 of this Law;
6)
A guilty verdict against him or her enters into legal force;
7)
If he or she is declared incapable, disappears without traces or is announced
dead;
8)
If the member of the Commission violates the oath;
9)
Inability to exercise his or her authorities due to his or her state of health.
6.
The authorities if the member of the Commission shall be terminated in case of
his or her death.
7.
The Deputy Chairperson of the Commission shall file the submission about
termination of the authorities of a member of the Commission prior to the
expiration of terms based on the reasons envisaged by clause 2, 3, 4, 5, 6, 7,
8 and 9 of part four and by part five of this article to the President of
Ukraine.
8.
If the circumstances specified in part four of this article occur, the
President of Ukraine shall, within a three days term, file a submission to the
Verkhovna Rada of
9.
The Verkhovna Rada of
10)
The President of Ukraine shall, in a timely manner but not later than 30 days
after the day the authorities of a member of the Commission were terminated,
submit to the Verkhovna Rada the candidacy of a person who is suggested for the
position as member of the Commission instead of the one whose authorities were
terminated.
11)
The President of
Article 31. Termination Prior to the Expiration of
Terms of the Authorities of the Chairperson, the Deputy Chairpersons and the
Secretary of the Commission
1.
The authorities of the Chairperson of the Commission, the Deputy Chairperson of
the Commission and the Secretary of the Commission shall terminate prior to the
expiration of terms on their application or in case his or her authorities as a
member of the Commission is terminated.
Article 32. The Rules of Procedure of the
Commission
1.
The procedure for organizing the work of the Commission, which is not regulated
by this Law, shall be determined by the Rules of procedure of the Central
Election Commission.
2.
The Rules of procedure of the Central Election Commission, and changes and
amendments to it, shall be approved by Resolution of the Commission.
3.
The Rules of procedure of the Central Election Commission cannot establish
further authorities of the Commission or its members apart from those that are
established by this and other laws of
Chapter
V. THE SECRETARIAT OF THE COMMISSION AND
THE
PATRONAGE SERVICE OF THE COMMISSION
Article 33. The
Secretariat of the Commission and the Patronage Service of the Commission
1.
The Secretariat of the Commission shall be in charge of ensuring the activity
of the Commission when it exercises its authorities. The Secretariat of the
Commission shall perform the organizational, legal, expert, analytical,
informational-consultative and material-technical work aimed at ensuring that the
Commission and its members can exercise the authorities envisaged by this Law.
2.
The provisions about the Secretariat of the Commission, its structure, staff
and provisions for the patronage service shall be approved by the Commission
based on the suggestion of the Chairperson of the Commission.
3.
The head and other employees of the Secretariat of the Commission and the
patronage service of the Commission are state officials.
Article 34.
The Patronage Service
1.
The patronage service of the Commission shall ensure the organization of the
work of the Chairperson of the Commission, the Deputy Chairpersons of the
Commission, the Secretary of the Commission and of other members of the
Commission.
2.
The advisors, assistants and secretaries of the Chairperson of the Commission,
the assistants and secretaries of the Deputy Chairpersons of the Commission and
the Secretary of the Commission, and the assistants of other members of the
Commission are members of the patronage service of the Commission.
3.
The quantity and staff assignments of the patronage service of the Commission
shall be approved by resolution of the Commission taking into account the scope
of the financing of the Commission.
Article 35. Regional Representations of the
Commission
1.
For the operative resolution of issues in connection with the performance of
the authorities of the Commission, the Commission can create its regional
representations in the regions of Ukraine, specified by part two of article 133
of the Constitution of Ukraine, within the limits of the funds of the State
budget of Ukraine envisaged for ensuring the activity of the Commission.
2.
The regional representations of the Commission are structural subdivisions of
the Secretariat of the Commission.
Chapter
VI. FINANCING OF THE COMMISSION. THE MATERIAL AND
SOCIAL BENEFITS OF MEMBERS OF THE COMMISSION AND EMPLOYEES OF THE SECRETARIAT
OF THE COMMISSION
Article 36. The Funding of the
Commission
1.
Expenditures connected with the activity of the Commission and its Secretariat,
and its patronage service shall be financed on the expense of funds from the
State Budget of Ukraine.
2.
The Commission shall have its accounts in banking institutions and other credit
institutions.
3.
The Commission shall submit a yearly report about the use of funds from the
State budget of
Article 37. Material and Social
Benefits of the Members of the Commission
1.
The conditions and procedure for remuneration of work, and provision of social,
medical, sanatorium-vacation, transportation and other services of the
Chairperson of the Commission, the Deputy Chairpersons of the Commission, the
Secretary of the Commission and other members of the Commission, as well as
employees of the Secretariat of the Commission, and the patronage service of
the Commission shall be specified by the Cabinet of Ministers of Ukraine in
accordance with the legislation of Ukraine.
2.
A monthly personal allowance in the amount of 70 percent of their professional
salary shall be determined for members of the Commission and employees of the
Secretariat taking into account the bonus for rank and seniority allowance.
3.
A member of the Commission who needs improvement of living conditions shall be
provided with housing.
4.
A member of the Commission shall each year be given a paid vacation of the
duration of 45 calendar days and a payout of material support for recuperation.
5.
A member of the Commission shall be provided medical service free of charge. A
member of the Commission whose authorities have terminated shall maintain
medical service free of charge. This provision shall not be expanded to a
former member of the Commission whose authorities have been terminated prior to
the expiration of terms on reasons envisaged by clause 4, 5, 6 or 8 of part
four of article 30 of this Law.
6.
The member of the commission shall maintain his or her qualification category,
grades and rank class for the period of work in the Commission.
7.
In case of death of member of the Commission, the Cabinet of Ministers shall
give the necessary assistance for his or her funeral.
Chapter VII. FINAL
AND TRANSITIONAL PROVISIONS
1.
This Law enters into force from the day of its publication.
2.
From the day this Law enters into force, the Law of
3.
The term of authorities of members of the Commission appointed to office before
this Law entered into force shall be 7 years.
4.
Decisions, actions or inactivity of the Central Election Commission shall be
appealed to the Supreme Court of Ukraine, and from
5.
Before the legislation of Ukraine has been brought into compliance with this
Law, the laws and other normative-legislative acts shall be applied so far as
they do not contradict this Law, except for the laws of Ukraine “On the
Elections of Deputies of the Verkhovna Rada of the Autonomous Republic Crimea”
and “On the Elections of Deputies of Local Councils and Village, Settlement and
City Heads” until the new laws of Ukraine on elections of deputies to the
Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils
and village, settlement and city heads enter into force.
6. The Cabinet of Ministers of
within a three-months term after this Law has entered into force bring its
normative acts in compliance with this Law;
within
a three-months term after this Law has entered into force ensure that the
ministries and other central bodies of the executive powers have brought their
normative-legislative acts in compliance with this Law;
within
a six-months term after this Law has entered into force elaborate and adopt the
normative acts that follow from this Law;
7.
The Central Election Commission shall:
within
a two-months term after this Law has entered into force bring its normative
acts in compliance with this Law;
within
a six-months term after this Law has entered into force elaborate and adopt the
normative acts that follow from this Law;
President
of
City
of
No.
1932-IV