LAW OF
ON ELECTIONS OF DEPUTIES OF LOCAL RADAS,
AND OF VILLAGE, SETTLEMENT, CITY CHAIRMEN 1998
This law shall,
according to the Constitution of Ukraine, the Law of Ukraine "On Local
Self-Government in Ukraine", and other laws determine the basis,
peculiarities and procedure of preparation and conduct of elections of deputies
of village, settlement, city, rayon-in-city, rayon, oblast radas, as well as of
village, settlement, city chairmen (hereinafter referred to - as local
elections).
ARTICLE 1. The main grounds of local elections
1. Elections of deputies of village, settlement, city, rayon-in-city,
rayon, oblast radas (hereinafter referred to as deputies of local radas), as
well as of village, settlement, city chairmen are free and shall be carried out
on the basis of universal, equal and direct suffrage, guaranteed by the
Constitution of Ukraine and this Law, by secret ballot. Deputies of local radas
and village, settlement, and city chairmen shall be elected for the term of
four years.
2. The electoral process shall be carried out on the basis of: free and
equal nomination of candidates; equal opportunities for all candidates in the
conduct of election campaign; impartiality of bodies of state power, bodies of
local self-government and of authoritative and public officials of these bodies
towards candidates; control over the sources of financing and over expenditures
in the election campaign; publicity and openness of election campaign; freedom
of campaigning.
3. The participation of citizens in elections to bodies of local
self-government 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 took part in the voting on the elections.
ARTICLE 2. Peculiarities of elections of deputies of village, settlement, city,
rayon in city rada
1. Elections of deputies of village, settlement, city, rayon-in-city radas shall be conducted on the basis of
majoritarian system of elections of relative majority in single-mandate
election constituencies, into which the entire territory of the respective
village, settlement, city, rayon in city shall be divided.
ARTICLE 3. Peculiarities of elections of village, settlement, city chairmen
Elections of village,
settlement, city chairmen shall be conducted on the basis of majoritarian
system of elections of relative majority in one single-mandate election
constituency, which has common boundaries with the boundaries of a village,
settlement, city.
ARTICLE 4. Peculiarities of elections of deputies of rayon, oblast rada
1. Elections of deputies to rayon rada shall be conducted on the basis
of majoritarian system of elections of relative majority in the multi-mandate
election constituencies, which have common boundaries with the boundaries of
villages, settlements, cities of rayon importance, which are
administrative-territorial units of this rayon.
2. Elections of deputies to oblast rada shall be conducted on the basis
of majoritarian system of elections of relative majority in the multi-mandate
election constituencies, who respectively have common boundaries with the
boundaries of rayons and cities of oblast importance of this oblast.
ARTICLE 5. Determining the general complement of local radas
1. Decision on the general complement (the number of deputy mandates)
of the local rada which is to be elected, shall be adopted by the respective
rada of the current convocation no later than 75 days prior to the day of
elections.
2. In the event the rada of the current convocation does not determine
the general complement of the rada to be elected within the term established by
the first paragraph of this Article, the general complement of the respective
rada shall be equal to the minimal margin set forth by this Law.
3. The general complement of village, settlement, city, rayon-in-city
rada shall be comprised in administrative-territorial units with the number of
population as follows:
· up to 3 thousand of people - from 15 to 25
deputies;
· up to 5 thousand - from 20 to 30 deputies;
· up to 20 thousand - from 25 to 35 deputies;
· up to 50 thousand - from 30 to 45 deputies;
· up to 100 thousand - from 35 to 50 deputies;
· up to 250 thousand - from 40 to 60 deputies;
· up to 500 thousand - from 50 to 75 deputies;
· up to 1 million - from 60 to 90 deputies;
· more than 1 million - from 75 to 120
deputies.
4. The general complement of rayon rada shall be determined taking into
account the number of territorial communities of administrative-territorial
units, which are part of the rayon. Territorial communities within the
boundaries of the rayon must have equal number of deputy mandates in the rayon
rada. With that, if up to 10 (inclusive) territorial communities are present in
the rayon, each territorial community is to be represented in the rayon rada
with no less than 4 deputies, 11 to 30 (inclusive) - with 3 deputies, over 30 -
with 2 deputies. The general complement of the rayon rada must not exceed 120
deputies.
5. General complement of the oblast rada shall be determined taking
into account the number of rayons, cities of oblast importance which are part
of the oblast. Rayons, cities of oblast importance must have equal number of
deputy mandates in the oblast rada. With that, if up to 15 (inclusive) rayons,
cities of oblast importance are present in the oblast, each
rayon, city of oblast importance is to be represented in the oblast rada
with no less than 4 deputies, 16 to 30 (inclusive) - with 3 deputies, over 30 -
with 2 deputies. With that, the general complement of the oblast rada must not
exceed 200 deputies.
ARTICLE 6. The right of citizens of
1. Participation in local elections shall be personal matter of every
citizen of
2. Citizens of
3. Citizens of
4. A citizen of Ukraine, eligible to vote and who is 18 years of age on
the election day can be elected as deputy of village, settlement, city,
rayon-in-city, rayon, oblast rada, as village, settlement, city chairman.
5. A citizen of
6. A citizen of
7. Persons, who according to the law, hold positions incompatible with
the status of a rada deputy, of a village, settlement, city chairman, are obliged,
if they are elected, to leave the position (cease activity) incompatible with
the status of a deputy, village, settlement, city chairman, and to cease any
entrepreneurial activity in cases envisaged by the law.
ARTICLE 7. The right to nominate candidates on local elections
The right to nominate candidates for deputies of local radas and
candidates for the position of village, settlement, city chairman (hereinafter
- the candidates) belongs to citizens of Ukraine, eligible to vote, and shall
be implemented by them directly through self-nomination through nomination at
meetings of voters in the place of their residence, working activity (meetings
of working collectives) or studies (hereinafter - at meetings of voters), as
well as through local branches of political parties, electoral associations of
local branches of political parties - blocs (hereinafter - the blocs), public
organizations, legalized according to current legislation of Ukraine.
ARTICLE 8. Election commissions
1. The following election commissions shall be formed for the
organization and conduct of local elections:
1) village, settlement, city, rayon-in-city,
rayon, oblast (hereinafter - territorial) election commissions;
2) constituency election commissions;
3) polling station election commissions.
2. Election commissions shall be formed and shall act according to this
Law. Noone has the right to interfere in the decision of issues falling within
the exclusive competency of election commissions, except for the cases
envisaged by the laws of
ARTICLE 9. Types of local elections and procedure of their appointment
1. Elections of deputies of local radas, of village, settlement, city
chairmen may be regular, extraordinary, repeat and to replace those deputies
and chairmen who resigned, as well as if a new administrative-territorial unit
is formed.
2. The Verkhovna Rada of
3. Respective territorial election commission shall adopt a decision on
the conduct of repeat elections of deputies of local radas, of village,
settlement, city chairmen.
4. Respective radas shall adopt decisions on the conduct of elections
of deputies of local radas, village settlement, city
chairmen to replace those who resigned.
5. Decision on the conduct of elections of deputies of local radas, of
village, settlement, city chairman in the event of formation of a new
administrative-territorial unit shall be adopted in accordance with Article 55
of this Law.
ARTICLE 10. Terms of appointment of local elections
1. Regular elections of deputies of local radas, as well as of village,
settlement, city chairmen shall be conducted on the territory of Ukraine
simultaneously and shall be appointed no later than 90 days prior to the
termination of term of authorities of deputies of local radas of current
convocation, village, settlement, city chairmen.
2. Extraordinary elections respectively of deputies of local radas, of
village, settlement, city chairmen shall be appointed no later than 90 days
prior to the election day.
3. Repeat elections, elections to replace resigned deputies of local
radas, village, settlement, city chairmen, as well as in the event of formation
of a new administrative-territorial unit shall be appointed within the terms
envisaged by this Law.
4. Elections shall be appointed on Sunday.
5. A decision on the appointment of elections shall be brought to the
knowledge of population by the body which appointed them through mass media or
by another way no later than on the third day after it was adopted.
ARTICLE 11. Legislation on local elections
Legislation on local
elections shall be based on the Constitution of Ukraine, this Law and other
laws of
CHAPTER II. ELECTION CONSTITUENCIES. POLLING STATIONS
ARTICLE 12. Election constituencies
1. Election constituencies for elections of deputies of local radas and
village, settlement, city chairmen shall be formed by the respective
territorial election commissions no later than 70 days prior to the day of
elections.
2. While forming election constituencies, territorial election
commissions shall be guided by decisions of the respective radas on the general
complement of these radas.
3. Majoritarian single-mandate election constituencies for the
elections of deputies of village, settlement, city, rayon in cities radas shall
be formed taking into account the requirements of Article 2 of this Law and
aiming at approximately equal number of voters in each election constituency.
4. Unified majoritarian single-mandate election constituencies for
elections village, settlement, city chairmen shall be formed adhering to the
requirements, envisaged by Article 3 of this Law.
5. Majoritarian multi-mandate election constituencies for elections of
deputies of rayon, oblast radas shall be formed adhering to the requirements
envisaged by Article 4 of this Law.
6. The respective territorial election commission shall notify citizens
about the lists of election constituencies with an indication of their numbers,
boundaries and centers no later than on the fifth day after they were formed.
1. The territory of villages, settlements, cities, rayons in cities
shall be divided into polling stations for the conduct of voting and
calculation of votes during local elections.
2. Polling stations shall be formed by village, settlement, city,
rayon-in-city rada or its executive committee.
3. Polling stations shall be formed no later than 55 days prior to the
day of elections with a number of voters from 20 to 3000 and, and in
exceptional cases - with a fewer or greater number of voters.
4. 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 appropriate village,
settlement, city, rayon in city rada or its executive committee.
5. In stationary medical, sanatorium and health-care establishments,
and in other places of temporary stay of voters, on ships, which are at sea on
the day of elections, polling stations can be formed within the term,
established by the third paragraph of this Article, and in exceptional cases -
no later than 5 days prior to the day of elections. Such polling stations shall
be parts of election constituencies in which they are situated or in which the
ship is registered.
6. Polling stations shall be common for elections of deputies of local
radas, of village, settlement, city chairmen, and in the events when local
elections are conducted simultaneously with elections of People’s Deputies of
Ukraine - they shall be common for elections of People’s Deputies of Ukraine as
well.
7. The respective territorial election commission shall upon the
agreement with a body, which formed polling stations, establish their unified
numeration, respectively, within the boundaries of rayon, city of the
republican of the Autonomous Republic of Crimea, of oblast importance, rayon in
city.
8. In the event local elections are conducted simultaneously with
elections of People’s Deputies of Ukraine, polling stations shall be formed
according to the Law of Ukraine "On Elections of People’s Deputies of
Ukraine".
CHAPTER III. ELECTION COMMISSIONS
ARTICLE 14. Territorial election commission
1. Territorial election commission shall be formed, respectively, by
the village, settlement, city, rayon-in-city, rayon, oblast rada no later than
75 days prior to the day of elections consisting of a chairman, deputy
chairman, secretary and 6-12 members of the commission.
2. Proposals as to the candidatures to the membership of territorial
election commission shall be submitted for consideration of village,
settlement, city, rayon-in-city, rayon, oblast rada, by a village, settlement,
city chairman, chairman of rayon-in-city, rayon, oblast rada (in the event
he/she refuses or unable to perform this function - by an official who
according to the Law of Ukraine "On Local Self-Government in Ukraine"
performs his authorities) taking into account proposals of local branches of
political parties (blocs), of public organizations, legalized in accordance
with the law and carrying out their activity in the respective territory, as
well as of meetings of voters.
3. Proposals as to the candidatures to the membership of territorial
election commission shall be submitted by the subjects, determined by the
second paragraph of this Article, in the order and within the terms,
established by village, settlement, city chairman, chairman of rayon-in-city,
rayon, oblast rada (by an official who performs his/her authorities).
Notification about the order, terms for submission of proposals shall be
publicized no later than 10 days prior to the beginning of the term for their
submission.
4. If proposals on candidatures to the membership of the territorial
election commission are not received, or if their number is less than as
envisaged by the first paragraph of this Article, the respective rada shall
upon the proposal of village, settlement, city chairman, chairman of
rayon-in-city, rayon, oblast rada (of an official who performs his/her
functions) elect the necessary number of persons to the membership of
territorial commission.
5. In the event the rada does not form a territorial election
commission within the term set forth by this Law, the commission shall be
formed within a five-day term as follows:
· village, settlement, city (city of rayon
importance) commission - shall be formed by appropriate rayon rada;
· village, settlement, city (city of rayon
importance) commission in territorial-administrative units which is located on
the territory of city (of city of the republican of the Autonomous Republic of
Crimea’s, oblast importance) rada, - by the respective city (city of republican
of the Autonomuos Republic of Crimea’s, oblast importance) rada, or by its
executive committee;
· city (city of republican of the Autonomous
Republic of Crimea’s, oblast importance), rayon, rayon-in-city commission -
respectively, by the Verkhovna Rada of the Autonomous Republic of Crimea, by
oblast rada, by city (city with rayon division) rada, or by its executive
committee;
· oblast, Kyiv city,
A decision on the formation of territorial election commission in cases
envisaged by this paragraph, shall be adopted upon the submission of
respectively village, settlement, city chairman, chairman of rayon,
rayon-in-city, oblast rada, and in the event of his/her refusal or inability to
carry out this function - of an official, who according to the Law of Ukraine
"On Local Self-Government in Ukraine" performs his/her authorities.
6. Chairman, deputy chairman and secretary of the territorial election
commission cannot be members of the same political party (bloc).
7. Population shall be notified within five days of the decision of the
respective rada on the formation of territorial election commission and its
membership.
8. After the territorial election commission is formed, its personal
membership cannot be changed within a year by more than one third, except for
cases, envisaged by Article 23 of this Law.
9. The territorial election commission shall, within a five-day term
from the day of its formation, inform the population about its location,
telephone number and regime of work.
10. The authority of the territorial election commission shall be
terminated on the day of appointment of regular elections of local rada
deputies and of village, settlement, city chairmen.
ARTICLE 15. Authority of the territorial election commission
The territorial election
commission shall:
1) perform control on the respective territory
over the implementation of this Law and ensure its uniform application;
2) form election constituencies for elections of deputies of the
respective rada, of village, settlement, city chairman and enumerate them;
3) direct activity of constituency and polling station commissions;
4) establish order of usage of funds for the conduct of elections,
distribute funds among the constituency and polling station election
commissions, perform control over their purposeful use; resolve issues of
material and technical provision of preparation and conduct of elections;
5) hear reports of constituency and polling
station election commissions, local bodies of the executive power and bodies of
local self-government on issues of preparation and conduct of elections;
6) determine election results in the territory of the respective
administrative-territorial unit, adopt decisions on the registration of elected
deputies of rada, of village, settlement, city chairman, inform the rada and
population about the voting results and election outcomes;
7) publish data on elected deputies, as well as data on elected
village, settlement, city chairman, indicating surname, first name, patronymic,
year of birth, party membership, place of work (occupation);
8) organize conduct of elections of deputies in the event of pre-term
termination of authority of local rada, and in the event of the appointment of
extraordinary elections to a local rada;
9) organize the conduct of elections of deputies whose authorities are
pre-term terminated according to the law;
10) organize the conduct of elections of
village, settlement, city chairman whose authority is pre-term terminated
according to the law, as well as in the event of the appointment of
extraordinary elections of village, settlement, city chairman;
11) perform control over the use by candidates of their private election
funds according to this Law;
12) consider appeals and complaints regarding decisions and actions of
constituency and polling station election commissions, cancel decisions of
these commissions, cease their force or adopt other decisions on these issues;
13) inform the Verkhovna Rada of
14) exercise other authority according to this
and other laws of
ARTICLE 16. Performing of functions of the constituency election commission by the
territorial election commission
1. Village, settlement election commissions shall simultaneously
perform the authorities of constituency election commissions on elections of
deputies of appropriate radas, of village, settlement chairmen, and of rayon
rada deputies as well.
2. Rayon election commissions shall simultaneously perform the
authorities of constituency election commissions on elections of oblast rada
deputies.
3. City election commissions shall simultaneously perform the
authorities of constituency election commissions on elections of city chairmen.
Besides, city election commissions of cities of rayon importance shall
simultaneously perform the authorities of constituency election commissions on
elections of city rada deputies, as well as respective rayon rada deputies;
city election commissions of cities of oblast importance shall perform the
authorities of constituency election commissions on elections of deputies of
the appropriate oblast rada.
4. City (of cities of the Autonomous Republic of Crimea’s republican,
oblast importance), rayon-in-city election commissions shall also, upon the
decision of the appropriate rada or its executive committee, simultaneously
perform the authorities of constituency election commissions on elections of
deputies of this rada.
5. Rayon-in-city election commissions shall also, upon the availability
of a decision of city rada or its executive committee, simultaneously perform
the authorities of constituency election commissions on elections of city rada
deputies.
ARTICLE 17. Constituency election commissions
1. Constituency election commission shall be formed according to this
Law by the rada or its executive committee no later than 65 days prior to the
day of conduct of elections consisting of a chairman, deputy chairman, secretary
and 4-8 members of the commission.
2. Candidatures to the membership of constituency election commissions
shall be submitted for the consideration of rada or its executive committee by
a city chairman, chairman of rayon-in-city rada (in the event of his/her
refusal or inability to carry out this function - by an official who according
to the Law of Ukraine "On Local Self-Government in Ukraine" performs
his/her authorities), taking into account proposals of local branches of
political parties (blocs), public organizations, legalized in accordance with
the law, and carrying out their activities in the respective territory, as well
as of meetings of voters of the respective election constituency.
3. Order and terms for submission of proposals regarding the
representatives in the complement of constituency election commission by the
subjects, envisaged by the second paragraph of this Article, shall be
established by city chairman, chairman of rayon-in-city rada (by an official
who performs his/her authorities). Notification about the terms for submission
of proposals shall be published no later than 5 days prior to the beginning of
term for their submission.
4. In the event the proposals on candidatures to the complement of
constituency election commission were not received within the established term,
or if their number is less than as envisaged by the first paragraph of this
Article, the respective rada or its executive committee shall upon the proposal
of the city chairman, chairman of rayon-in-city rada (of an official, who
performs his/her functions) elect to the complement of constituency election
commission the necessary number of persons.
5. Chairman, deputy chairman and secretary of the constituency election
commission can not be members of the same party (bloc).
6. The constituency election commission shall within a five-day term
from the day of its formation inform the population about its location,
telephone number and regime of work.
7. The term of the authority of the constituency election commission
expires after the adoption by the respective territorial election commission of
a decision on the registration of a deputy (deputies) of rada, elected in the
respective election constituency, as well as of village, settlement, city
chairman.
ARTICLE 18. Authority of the constituency election commission
The constituency
election commission shall:
1) exercise control over the implementation of
this Law on the territory of election constituency;
2) exercise control over the compilation of
lists of voters and their submission to the polling station election
commissions for general familiarization;
3) register candidates for deputies and for
the positions of village, settlement, city chairman in the respective
constituency, their authorized persons, as well as authorized persons of local
branches of political parties (blocs), of public organizations and issue to
them appropriate credentials;
4) inform population about the registered candidates, main data about
them;
5) ensure printing of materials with biographical data of registered
candidates and their pre-election programs;
6) jointly with bodies of local
self-government, determine the order for placing of campaign materials, as well
as specially arranged locations for this;
7) approve text of election ballots for the
elections of deputies of rada, as well as of village, settlement, city
chairman, ensure production of election ballots and their supply to the polling
station election commissions;
8) assist candidates in the organization of their meetings with voters;
9) determine results of elections of a deputy in election constituency
and of a village, settlement, city chairman; notify population of the voting
and election results;
10) consider issues on cancellation of decision on registration of
candidates in the events, envisaged by this Law;
11) organize conduct of repeat voting and repeat elections in cases,
envisaged by this Law;
12) consider appeals and complaints regarding
decisions and actions of polling station election commissions and adopt
decisions on them;
13) perform other authority according to this
Law.
ARTICLE 19. Polling station election commission
1. Polling station election commission shall be formed by village,
settlement, city, rayon-in-city rada or its executive committee no later than
45 days prior to the day of elections, and in the exceptional cases, determined
in the fifth paragraph of Article 13 of this Law, - five days prior to the day
of elections, consisting of a chairman, deputy chairman, secretary and 5-11 members
of the commission.
2. At polling stations where the number of voters does not exceed 50
persons, polling station election commissions can be formed consisting of a
commission chairman, secretary and 1-3 members of the commission;
3. Candidatures to the complement of the polling station election
commission shall be submitted for the consideration of the rada or its
executive committee respectively by village, settlement, city chairman,
chairman of rayon-in-city rada (in the event of his/her refusal or inability to
perform this function - by an official, who according to the Law of Ukraine
"On Local Self-Government in Ukraine" performs his/her functions)
taking into account proposals of legalized according to the law local branches
of political parties (blocs), public organizations, bodies of self-organization
of population, which perform their activities in the respective territory, as
well as of meetings of voters.
4. Order and terms for submitting proposals regarding representatives
to the complement of polling station election commissions by the subjects,
envisaged by the third paragraph of this Article, shall be established by
village, settlement, city chairman, chairman, chairman of rayon-in-city rada
(by an official, who performs his/her functions). Notification about the terms
for submission of proposals shall be published no later than 5 days prior to
the beginning of a term for their submission.
5. In the event the proposals regarding candidatures to the complement
of polling station election commission were not submitted within the
established term, or their number is less than envisaged by the first paragraph
of this Article, the respective rada or its executive body shall upon the
proposal of village, settlement, city chairman, chairman of rayon-in-city rada
(of official who performs his/her functions) elect to the complement of polling
station election commission the necessary number of persons.
6. Chairman, deputy chairman and secretary of the polling station
election commission may not be members of the same party (bloc).
7. Decision of the respective rada on the complement of polling station
election commissions shall be brought to notice of the population within three
days.
8. Polling station election commission shall, within a five-day term
from the day of its formation, inform citizens about its location, telephone
number and regime of work.
9. The term of the authority of the polling station election commission
shall terminate after the adoption by a respective territorial election
commission of a decision regarding election of deputy of rada, as well as of
village, settlement, city chairman and their registration.
10. In the event elections are conducted simultaneously with the
elections of people’s deputies of
ARTICLE 20. Authority of the polling station election commission
Polling station election
commission shall:
1) verify the accuracy of the list of voters
in the polling station;
2) ensure the possibility to familiarize the
voters with lists of voters, accept and consider applications on errors in
lists of voters and resolve issues on introduction of appropriate changes to
it;
3) timely notify population and issue or mail to voters invitations
indicating the date of conduct of elections, address of premises for voting,
time of beginning and end of the voting;
4) create conditions for familiarization of
voters with lists of candidates, registered in single-mandate and in
multi-mandate election constituencies, with their pre-election programs, as
well as with biographical data of candidates;
5) introduce changes into the election ballot,
upon the decision of the respective constituency (territorial) election
commission in the events envisaged by this Law;
6) provide for preparation of premises for voting, booths or rooms for
secret voting, production of ballot boxes;
7) organize voting at the polling station;
8) tabulate votes cast at the polling station;
9) consider applications and complaints on issues regarding the
preparation of elections and the organization of the voting at the polling
station and adopt decisions regarding them;
10) perform other authority in accordance with
this Law.
ARTICLE 21. Organization of work of election commission
1. Election commission shall organize its work in open and public
manner.
2. The main form of work of election commission shall be its sessions,
which shall be called by the chairman of the commission, and in the event of
his/her absence - by the deputy chairman of the commission, and in cases
envisaged by second paragraph of Article 19 of this Law - by the secretary of
the commission.
3. In the event of absence of the chairman or deputy chairman of the
commission or their refusal to call its session, the session of the commission
can be called at the request of at least one third of the commission members
initiating the conduct of session with obligatory notification of all members of
the commission about time and place of the conduct of its session and about the
issues proposed for consideration.
4. The first session of the election commission shall be called no
later than on the third working day after its formation, and the subsequent
ones - as necessary.
5. A session of the election commission shall have legal authority if
more than half of the general complement of the commission
members attend it.
6. The decision of the commission shall be adopted through open voting
by a majority of votes of persons who are commission members.
7. A session of the election commission shall be conducted by its
chairman or his/her deputy, and in the event they for any reasons do not carry
out this function, the commission shall appoint one of its members as the
chairman for the session.
8. All sessions of the commission shall be documented in minutes.
Minutes of a session shall be signed by the person presiding at the session and
by the commission secretary, or by the commission member who performs the
duties of the secretary.
9. Persons who are members of the commission and do not agree with the
adopted decision shall have the right to express a separate opinion in writing,
which shall be attached to the minutes of the commission session.
10. Candidates, their authorized persons, authorized persons of local
branches of political parties (blocs), public organizations, registered in
accordance with this Law, official observers from
public organizations of
11. The election commission may adopt a decision to deprive persons,
stipulated in the tenth paragraph of this Article, of the right to participate
in its session, if they hinder the conduct of the session.
12. The decision of the election commission, adopted within the limits
of its authority, shall have binding power for the participants of elections
and for the bodies, which ensure their conduct.
13. Chairman of the commission, his/her deputy, secretary or commission
member shall have the right to accept and register documents and applications,
received by the election commission. All documents and applications shall be
registered in the order set forth by the commission.
14. The election commission may involve appropriate specialists,
technicians for organizational, legal, technical provision of the
accomplishment of the functions envisaged by this Law. Their work shall, upon
the decision of the commission, be compensated within the limits of funds allocated
to the commission for the preparation and conduct of elections.
ARTICLE 22. Appeal of decisions of election commission
1. Decisions, activity or inactivity of election commission, of certain
persons who are its members can be appealed by local branches of political
parties (blocs), by public organizations, meetings of voters, working
collectives, which nominated candidates, or by their authorized persons, by
candidates, their authorized persons, as well as by voters.
2. Decisions, activity or inactivity of polling station election
commission can be appealed within 3 days to the respective constituency
election commission, and decisions, activity or inactivity of constituency
election commission - to the respective territorial election commission. Election
commission which received the complaint must consider it within a three-days term, and if it was received less than five days
prior to elections day or on the day of their conduct - immediately, and issue
the substantiated decision to the applicant.
3. The decision of the territorial election commission can within three
days be appealed in court’s order. The court shall consider this issue within a
five-day term, but no later than one day prior to the day of elections. In the
event the court finds the decision of the territorial election commission such
that contradicts the law, it shall be considered as invalid in whole or in a
part which contradicts the Law.
4. Applications, complaints on inaccuracies in lists of voters shall be
considered by court within three days, and if they were submitted 3 days prior
to the day of elections - immediately. The decision of the court shall be final
and it shall be executed on the day the decision was made.
5. Appeals submitted to the court after the terms stipulated in this
Article, cannot be considered.
6. Courts shall organize their work, including week-ends, during the
election campaign in a manner to ensure timely consideration of appeals of all
subjects of the electoral process.
ARTICLE 23. Legal status of persons who are members of election commission
1. A citizen of
2. Candidates or their authorized persons, authorized persons of local
branches of political parties (blocs), public organizations, close relatives
(husband, wife, children, parents, native brothers, sisters) of candidates
cannot be members of the election commission. A person who is in custody or
incarcerated also cannot be a member of the election commission. One person can
be a member of only one commission.
3. Authority of the respective election commission or of certain
persons, who are its members, can be pre-term terminated by the body, which
formed the commission, if they violate the Constitution of Ukraine, this Law
and other laws of
4. In the event a person, who is a member of the election commission,
is registered as a candidate, an authorized person of candidate, or as an
authorized person of local branch of a political party (bloc), of public
organization, his/her authority shall be deemed terminated from the day of such
registration.
5. The commission can address the body which formed it with a proposal
to replace the chairman, deputy chairman, secretary or member of the commission
if at least 2/3 of its general complement vote in favor of this.
6. Election of a new chairman, deputy chairman, secretary or member of
the election commission shall be carried out in the order established by this
Law.
7. Upon the decision of the election commission, no more than three
persons who are its members can, for the period of election campaign, work on a
permanent basis in the commission being paid a salary pursuant to the standards
of expenditures of the election commission, set forth by the Cabinet of
Ministers of Ukraine. Payments for the work of the specified persons shall be
carried out by appropriate local radas or their executive bodies.
8. Persons, who work in the commission on a permanent basis, shall be
exempted from executing production or official duties at the main place of work
for the appropriate period.
9. Persons, who are members of election commissions, shall have no
right to participate in campaigning "for" or "against"
candidates.
ARTICLE 24. Assistance to election commissions in performing their authorities
1. Local bodies of the executive power, bodies of local
self-government, enterprises, institutions, organizations regardless property
form, their officials are obliged to assist election commissions in performing
their authorities.
2. Local bodies of the executive power, bodies of local
self-government, enterprises, institutions and organizations of state and
communal form of ownership shall, free of charge, allot premises and equipment
necessary for the preparation and conduct of elections at the disposal of
election commissions.
3. Rent for premises, and equipment belonging to enterprises,
institutions and organizations of other forms of ownership for the specified
purposes shall be paid at the expense of funds allocated for the conduct of
elections.
4. The election commission shall have the right to address on issues
connected with the preparation and conduct of elections local bodies of the
executive power and bodies of local self-government, other bodies, enterprises,
institutions, organizations regardless form of ownership, which are obliged to
consider the addressed issue and give a reply to the election commission no
later than within a three-day term.
CHAPTER IV. LISTS OF VOTERS
ARTICLE 25. Procedure of compilation of lists of voters
1. Voter lists shall be compiled for each polling station by the
executive bodies of village, settlement, city, rayon-in-city
radas for the conduct of elections of deputies of local radas and of village,
settlement, city chairmen, following the form established by the Central
Election Commission.
2. All citizens of
3. If exact data on the date (month and day) of birth of a citizen is
missing, January 1 of the respective year shall be considered as this date.
4. One person can be entered in the voter list of only one polling
station.
5. The list of voters shall include surname, first name, patronymic,
date of birth, address (place of residence) of a voter. Surnames of voters
shall be entered on the list of voters in an order convenient for the
organization of voting.
6. Lists of voters compiled for each polling station shall be signed by
the chairman of the executive body of village, settlement, city, rayon-in-city
rada. He/she shall be personally accountable for the accuracy, completeness of
lists of voters, as well as for their prompt delivery to the polling station
election commissions.
7. List of voters shall be delivered to the polling station election
commission no later than 45 days prior to the day of elections.
8. Polling station election commission shall verify the list of voters,
after which it shall be signed by the chairman and the secretary of the
commission and presented for general familiarization of voters no later than 15
days prior to the day of elections.
9. Voters, who arrived in the territory of the polling station with the
purpose of permanent residence after the verification of lists, shall be
included by the polling station election commission in the list of voters on
the basis of documents which certify their identity and address (place of
residence).
10. Persons, who moved from the territory of the polling station to
another place of residence, as well as persons who died or were found by court
incompetent or who are incarcerated by court’s order,
shall be excluded from the list of voters on the basis of appropriate
documents.
11. Lists of voters servicemen, who are sojourning at the military
units, as well as of family members of servicemen and of other voters, who
reside within the regions of location of military units, shall be compiled by
polling station election commissions on the basis of data, submitted by the
commanders of military units. Military servicemen who
reside outside of military units, shall be included into the list of voters at
their place of residence on general basis.
12. Lists of voters at polling stations formed in stationary medical, sanatorium
and health-care establishments, as well as on ships which are in sea on the day
of elections, shall be compiled by polling station election commissions on the
basis of data submitted by the chairmen of the mentioned institutions, by
captains of vessels.
ARTICLE 26. Familiarization with lists of voters
1. Every voter shall be provided with an opportunity to familiarize
with voter list in the premises of polling station election commission and to
verify the accuracy of data regarding him/her.
2. A voter shall be provided with the right to appeal non-inclusion,
erroneous inclusion to the list or exclusion from the list of voters, as well
as inaccuracies made in data regarding him/her. An application regarding errors
in the voter list shall be considered by the polling station election
commission, which is obliged no later than within a two-day term, or when on
the eve or the day of elections - immediately, to consider an application, make
the necessary corrections in the list or issue to the applicant a copy of the
substantiated decision regarding the denial of his/her application. This
decision may be appealed to a court in the order stipulated by this Law.
CHAPTER V. NOMINATION OF CANDIDATES
ARTICLE 27. Order of nomination of candidates at meetings of voters at the place
of their residence, work or studies
1. Nomination of candidates shall begin 60 days prior and shall be
terminated 45 days after the day of elections.
2. Meetings of voters at the place of their residence, work or studies,
called in the village, settlement, city of rayon importance, in the event that:
· at least 10 voters participate in them, shall have the right to
nominate one candidate for deputy, respectively, of a village, settlement, city
rada in one of the single-mandate election constituencies;
· at least 50 voters participate in them, shall have the right to
nominate one candidate for the position of a village, settlement, city
chairman, one candidate for deputies of respectively village, settlement, city
rada in each single-mandate election constituency, as well as one candidate for
deputy per rayon, oblast rada in the respective multi-mandate election
constituency.
3. Meetings of voters called in the city (except for cities of rayon
importance), in the city rayon, in the event that:
· at least 25 voters participate in them, shall have the right to
nominate one candidate for deputies per city, rayon-in-city rada in the
respective single-mandate election constituency, in the territory of which
their participants reside or work;
· at least 100 voters participate in them, shall have the right to
nominate one candidate for the position of city chairman, no more than five
candidates for deputies of city and no more than five candidates for deputies
of rayon-in-city rada in the respective election constituencies, as well as one
candidate for deputy of oblast rada.
4. Order of calling and conduct of meetings of voters at the places of
their residence, work or studies must correspond to the following requirements:
1) initiators of the conduct of a meeting are obliged to notify the
respective constituency (territorial) election commission about the date and
place of its conduct no later than three days prior to the day of conduct of a
meeting;
2) at the beginning of meeting, the list of
its participants shall be compiled indicating surname, first name, patronymic,
date of birth, place of permanent residence or work. The participant of the
meeting shall put personal signature opposite to his/her surname;
3) the presidium of meeting shall be elected
and the minutes shall be made at the meetings of voters. Date and place of
conduct of meeting, number of its participants, candidatures that were
discussed, number of votes cast "for" and "against" the
nomination of a candidate (candidates), decision of the meeting, as well as
data about the nominated candidate (candidates): surname, first name,
patronymic, date, month and year of birth, party membership, position
(occupation), place of work and residence - shall be indicated in the minutes.
The list of the participants of meeting shall be attached to the minutes;
4) every participant of a meeting shall have
the right to propose for discussion any candidature, including his/hers;
5) a candidate shall be deemed nominated if
more than a half of the participants of a meeting voted for him. The candidate
shall be informed about the adopted decision.
5. The minutes of the meeting, signed by members of the presidium of
the meeting, shall be sent to the respective constituency (territorial)
election commission in the order established by it.
ARTICLE 28. Self-nomination of Citizens as Candidates on Local Elections
1. A citizens of Ukraine shall, on condition of adhering to the
requirements provided for by Article 6 of this Law, have the right of
self-nomination as a candidate for deputy of local rada, or as a candidate for
the position of village, settlement, city chairman by means of filing to the
respective constituency (territorial) election commission an application with a
request to register him as a candidate, no later than 40 days prior to the day
of elections.
2. A list of citizens of Ukraine, who reside in the territory of the
respective election constituency, have suffrage rights and support the
respective candidature, with an indication of surname, first name, patronymic,
date, month and year of birth, place of residence, series and number of the
passport or of another document certifying the identity of a citizen, shall be
attached to the application. The accuracy of data regarding every citizen
included in the list shall be certified by his/her own signature.
3. A person nominating his/her candidature respectively for the
candidate for deputy of village, settlement, city (city of rayon’s importance)
rada shall be supported by at least 6 citizens, of city (except for cities of
rayon importance), rayon in city, rayon, oblast rada - by at least 25 citizens.
4. A person nominating his/her candidature as candidate for the
position of village, settlement, city (city of rayon’s importance) chairman,
shall be supported by at least 26 citizens, and of city (except for city of
rayon’s importance) chairman - by at least 51 citizens.
ARTICLE 29. Procedure of nomination of candidates by local branches of political
parties (blocs), public organizations
1. Village, settlement, city, rayon-in-city, rayon, oblast branches of
political parties (blocs) and public organizations, which expressed their
intention to participate in local elections, shall no later than 70 days prior
to the day of elections submit to the respective territorial election
commissions applications signed by their heads.
2. Certificate of legalization of the respective branch of the
political party (bloc), public organization with the number of members of the
respective organization shall be attached to the application of the respective
branch of the political party (bloc), public organization.
3. Branches of political parties which united into electoral bloc
shall, besides, attach to the application an agreement about their unification
in the electoral bloc indicating the number of members of local branches of
political parties which united into the bloc, signed by the heads of respective
branches of political parties.
4. An authorized person of the local branch of the party (bloc), of
public organization, his/her address and telephone number shall be indicated in
the application.
5. The respective territorial election commission shall register local
branch of political party (bloc), public organization for participation in
local elections, and issue to their representatives a copy of a decision on
registration, as well as notify voters, constituency and polling station
election commissions about it.
6. Nomination of candidates by local branches of political parties
(blocs), of public organizations shall be carried out within the terms,
determined by first paragraph of Article 27 of this Law.
7. Village, settlement, city (city of rayon importance) branch of the
political party (bloc), public organization which comprises at least 15
members, can nominate one candidate to each position, respectively, of village,
settlement, city chairman, one candidate for deputy respectively to village,
settlement, city rada in every single-mandate election constituency, as well as
one candidate for deputies of rayon rada in the respective multi-mandate
election constituency.
8. City (except for cities of rayon importance) branch of a political
party (bloc), of public organization, which comprises at least 50 members, can nominate
one candidate for deputy of city rada in every single-mandate election
constituency, as well as one candidate for deputy of oblast rada in the
respective multi-mandate election constituency. Respective city branch, which
comprises at least 100 members can, besides, nominate
one candidate for the position of city chairman.
9. Rayon in city branch of the political party (bloc), of public
organization which comprises at least 15 members can nominate one candidate for
deputies of the respectively rayon-in-city rada in every single-mandate
election constituency and one candidate for deputies of city rada in every
single-mandate election constituency, which are located on the territory of
rayon.
10. Rayon branch of the political party (bloc), of public organization
which comprises at least 50 members, can nominate one candidate for deputies of
rayon rada in every election constituency, as well as candidates for deputies
of oblast rada in the number so that not to exceed the number of deputy’s
mandates established for the respective election constituency.
11. Oblast branch of the political party (bloc), of public organization
which comprises at least 100 members can nominate candidates for deputies of
oblast rada in each election constituency in the number which must not exceed
the number of deputy’s mandates established for the respective election
constituency.
12. The decision of local branch of the political party (bloc), of
public organization on nomination of candidates shall be adopted at its
meetings (conferences) in the order envisaged by the statutes (regulations) of
the respective parties, public organizations, of which the minutes shall be
made.
13. The minutes of a meeting (conference) of local branch of the
political party (bloc), of public organization shall include the date and place
of their conduct, the number of members comprised by the respective branch of
the political party (bloc), of public organization, the number of the
participants, decision of the meeting (conference), as well as data on each
candidate (surname, first name, patronymic, date, month and year of birth,
party membership, position (occupation), place of work and residence). The
minutes shall be submitted to the respective constituency (territorial)
election commission in the order established by it.
14. The decision of local branch of the political party (bloc), of
public organization on the nomination of candidates shall be signed by the head
of the respective local branch of the political party (heads of local branches
of parties, which united in the bloc), by the head of the respective local
branch of public organization.
15. The local branch of the political party (bloc), of public
organization can also nominate candidates who are not members of the respective
parties, public organizations. Nomination by local branch of the political
parties (bloc) of a candidate for deputy who is a member of another party (of
parties which are not parts of the bloc) is unacceptable.
CHAPTER VI. REGISTRATION OF CANDIDATES FOR DEPUTY AND FOR POSITIONS OF VILLAGE,
SETTLEMENT, CITY CHAIRMEN
ARTICLE 30. Procedure of Registration of Candidates
1. Registration of candidates shall begin 55 days and end 30 days prior
to the election day.
2. Decision on the registration of candidates shall be adopted by the
constituency (territorial) election commission if the following documents are
available:
1) minutes of voter’s meetings at the place of
their residence, work (meeting of working collective), or studies, minutes of
meeting (conference) of the local branch of the political party (bloc), of
public organization on the nomination of candidates;
2) application of a person with the consent to be nominated as a
candidate for deputy for the position of village, settlement, city chairman in
the respective election constituency, and with his/her obligation to cease, in
the event of election as deputy, village, settlement, city chairman, working or
another activity which is incompatible with their status;
3) auto-biography of the candidate, his/her election program;
4) declaration of property and incomes of the
candidate for the preceding year, completed in the format established by the
Ministry of Finance of
5) references about place of residence and
work.
3. The decision on registration of candidates, who nominated themselves
in election constituencies, in the territory of which they reside or work,
shall be adopted by the constituency (territorial) election commission on the
basis of the respective application of a candidate, to which the list of citizens
of Ukraine shall be attached, who supported his/her candidacy in accordance
with the requirements of Article 28 of this Law, on the basis of an application
of a candidate with the obligation to cease in case he/she is elected a deputy,
a village, settlement, city chairman, working or other activity which is
incompatible with their status, as well as on the basis of availability of
documents envisaged by sub-paragraphs 3, 4 and 5 of second paragraph of this
Article.
4. The constituency (territorial) election commission shall, upon
reception of documents envisaged by second (third) paragraph of this Article,
issue to the person who submitted these documents a certificate with indication
of date, month, year, and time of receipt of documents.
5. The constituency (territorial) election commission shall, no later
than on the fifth day after the reception of documents for registration of a
candidate, adopt a decision on registration of a candidate or on a refusal in
his/her registration indicating the motives of refusal. Based on the results of
registration, the election commission shall make minutes on the registration of
the candidate, following the form established by the Central Election
Commission. The subjects which nominated the candidate shall be notified of the
commission’s decision no later than on the second day after its adoption.
6. In the event of eliminating the drawbacks which caused the refusal
to register a candidate, and of submitting the necessary documents to the
constituency (territorial) election commission no later than three days before
the term of registration of candidates established by this Law expires, the
commission shall repeatedly consider the issue of registration and adopt an
appropriate decision.
7. The decision of the constituency (territorial) election commission
regarding the registration or non-registration of a candidate can be appealed
in the order established by this Law.
8. The constituency (territorial) election commission shall, no later
than on the fifth day after the registration of candidates, publish or bring to
the knowledge of population through other way an announcement about the
registration of candidates indicating surname, first name, patronymic, year of
birth, party membership, position (occupation), place of work and residence of
every candidate.
9. The constituency (territorial) election commission shall issue to
the registered candidate an appropriate credential following the form
established by the Central Election Commission.
ARTICLE 31. Withdrawal by a Candidate of his/her Candidature.
Canceling the Decision on Registration of a Candidate
1. A candidate can, at any time before the election day, withdraw
his/her candidature regarding which he/she shall submit a written application
to the constituency (territorial) election commission which registered him/her
as a candidate.
2. The decision of the constituency (territorial) election commission
on removing a candidate from the registration shall be only adopted upon the
candidate’s own application regarding this, and based on the court’s verdict of
guilt enforced in regard to the person registered as a candidate, in other
cases directly provided by laws, and in case of his/her death.
3. Removing a candidate from registration upon the initiative of subjects
which, adhering the requirements of this Law, nominated him/her as a candidate,
shall be prohibited.
4. The constituency (territorial) election commission may adopt a
decision on removing a candidate from registration also in the event of his/her
violation of this Law, fact of commitment of which shall be established by
court. An appropriate application shall be considered by court within three
days after its reception by court, but no later than one day prior to the
elections.
5. The constituency election commission shall in a three-day term
notify the person who was registered as a candidate, the subject which nominated the candidate, as well as voters of the
respective constituency about the cancellation of the decision on candidate’s
registration.
ARTICLE 32. Procedure of Nomination and Registration of a Candidate to Replace the
One Who Resigned
1. In the event of the resignation of a candidate after his/her
registration and in case that no other candidates are registered five days
prior to the expiration of the term of registration of candidates in
single-mandate election constituency, and that the number of candidates,
registered in multi-mandate majoritarian election constituency is less than the
quantity of mandates, the constituency (territorial) election commission shall
address the voters, local branches of parties, public organizations through the
mass media with a proposal to additionally nominate candidates. Additionally
nominated candidates shall be registered in the order established by Article 30
of this Law.
2. If after the expiration of term of registration of candidates in
single-mandate election constituency one candidate remains [registered], and if
the number of registered candidates in multi-mandate majoritarian election
constituency is equal to or less than the number of mandates, the voting shall
be conducted on the registered candidates.
3. In the event that no candidate remains in the respective
single-mandate election constituency, elections in this constituency shall be
conducted according to the requirements of Article 49 of this Law.
CHAPTER VII. CANDIDATES AND THEIR AUTHORIZED PERSONS.
AUTHORIZED PERSONS OF LOCAL BRANCHES OF POLITICAL PARTIES (BLOCS), OF PUBLIC
ORGANIZATIONS
ARTICLE 33. Rights of a Candidate During the Conduct of
Election Campaign
1. From the moment of their registration by the election commissions,
candidates shall have equal rights in the conduct of election campaign: while
speaking at pre-election and other sessions, councils, sittings, and meetings
directly connected with the elections, in the mass media.
2. Territorial, constituency election commissions, bodies of executive
power, bodies of local self-government, their officials are obliged to assist
candidates in organizing their meetings with voters, in acquiring of necessary
informational and reference materials, in providing premises for the conduct of
events envisaged by this Law.
3. After his/her registration, a candidate can be exempted upon his/her
own initiative, for the days of conduct of meetings with voters and other
events envisaged by this Law, from the execution of production or official
duties, rendering to him/her an unpaid vacation. Upon the decision of the
territorial election commission, a candidate shall be paid a salary for the days
of rendered unpaid vacation by the respective rada or its executive committee
from funds allocated for the conduct of elections, based on calculation of
his/her average salary (official pay) at principal place of work taking into
account the indexation.
ARTICLE 34. Authorized Persons of a Candidate
1. A candidate for deputy can have no more than five, and a candidate
for the position of village, settlement, city chairman - no more than ten
authorized persons who are assisting him/her in the conduct of election
campaign, who carry out campaign publicity for his/her election as a deputy,
village, settlement, city chairman, who represent candidate’s interests in
relations with election commissions, local bodies of executive power and bodies
of local self-government, public organizations, voters. Only a citizen of
2. A candidate shall determine authorized persons and file to the
respective constituency (territorial) election commission an application about
their registration. An application regarding every candidature for an
authorized person shall contain surname, first name, patronymic, office and
home address, telephone number; also a written consent
of this person shall be presented. Refusal in registration of an authorized
person of a candidate can be appealed in court. The election commission shall,
after the registration of authorized persons, issue to them credentials
following the form established by the Central Election Commission.
3. A candidate has the right at any time before the election
day to file to the constituency (territorial) election commission an
application about suspension of the authority of his/her authorized person and
about the registration of another person. An authorized person of a candidate
may, at any time upon his/her own initiative, terminate his/her authority by
returning to the constituency (territorial) election commission the credential
issued to him/her, and inform the candidate about this.
4. The authorities of authorized persons of candidates begin from the
day of their registration by constituency (territorial) election commission,
and terminate on the day constituency (territorial) election commission adopts
a decision on the registration of the elected deputy, village, settlement, city
chairman.
5. Authorized persons shall perform their functions on a voluntary
basis.
ARTICLE 35. Authorized Persons of Local Branches of Political Parties (Blocs), of
Public Organizations
1. Every local branch of the political party (bloc), of public
organization, candidate (candidates) of which is registered (are registered) by
the constituency (territorial) election commission, can have up to three
authorized persons who represent their interests in relations with election
commissions, local bodies of executive power, bodies of local self-government,
voters. Only a citizen of
2. A list which is submitted for the registration of authorized persons
shall inscribe their surnames, first names, patronymics, office and home
addresses, telephone numbers.
3. The constituency (territorial) election commission shall, no later
than within three days after the receipt of appropriate documents by it,
register authorized persons of local branches of political parties (blocs),
public organizations and issue to them appropriate credentials following the
form established by the Central Election Commission.
4. The administrative body of local branch of the political party
(bloc), of public organization can at any time before the election
day file to constituency (territorial) election commission an
application about the suspension of the authority of authorized persons, and
submit candidatures of other persons for the registration.
5. The authorities of authorized persons begin from the day of their
registration, and terminate after constituency (territorial) election
commission registers the elected deputies in the given election constituency.
6. Authorized persons of local branches of political parties (blocs),
of public organizations shall perform their functions on a voluntary basis.
CHAPTER VIII. PRE-ELECTION CAMPAIGN PUBLICITY
ARTICLE 36. Forms and Means of Pre-Election Campaign Publicity
1. Citizens of Ukraine, political parties, other associations of
citizens, their local branches, collectives of enterprises, institutions and
organizations regardless of the ownership form have the right, from the day of
registration of candidates by the respective election commissions, to freely
and comprehensively discuss the pre-election programs of candidates, their
political, professional and personal qualities, to unimpededly carry out
publicity "for" or "against" one or another candidate.
2. Participation of bodies of the executive power, bodies of local
self-government, and their officials, as well as of persons who are members of
election commissions, in the pre-election campaign publicity is not allowed.
3. Candidates, their authorized persons, authorized persons of local
branches of political parties (blocs), of public organizations shall meet
voters both at meetings and in other forms convenient
for the voters. Election commissions jointly with local bodies of executive
power, bodies of local self-government shall assist in the conduct of such
meetings - by allotting premises to them, notifying in advance of the time and
place of meetings, and by undertaking other measures.
4. Pre-election campaign publicity can be carried out at gatherings,
meetings, in press, on the radio and television, and in any other manner and
through any means which do not contradict the Constitution and the laws of
5. Organizers and participants of meetings, of other pre-election
events are accountable for the observance of current legislation while
conducting these events.
6. A candidate can stand out with his/her election program, which
should not contradict the Constitution and the laws of
7. Mass media shall cover the course of preparation and conduct of
elections. Their representatives are guaranteed an unimpeded access to all the
events related to elections. Election commissions, local bodies of executive
power, bodies of local self-government shall provide them with information
about the preparation and conduct of elections.
ARTICLE 37. Materials of Pre-Election Campaign Publicity
1. The constituency (territorial) election commission shall ensure the
printing of materials about candidates at the expense of funds allocated for
the conduct of elections. The number of copies printed shall be determined by
constituency (territorial) commission, and must be equal for all candidates
registered in the respective election constituency.
2. For the printing of pre-election materials about the candidate,
he/she must submit to the constituency (territorial) election commission, along
with other documents for registration, his/her pre-election program,
autobiography up to two pages long of typewritten text typed in a format of one
and a half space. Pre-election posters must not contain false data or
commercial advertisement.
3. Candidates are obliged to submit to constituency (territorial)
election commission drafts of pre-election campaign publicity materials signed
by them, the manufacturing of which is to be accomplished on a contractual
basis within the limits of the respective election fund, and also to notify of
the number of copies to be printed.
4. Printed campaign publicity materials must inscribe information about
the organization, institution, persons in charge of their manufacturing, as
well as initial data about the institution which printed them, the amount of
material printed.
5. Candidates or their authorized persons are obliged no later than
within three days after materials were manufactured, to submit one copy of each
type of printed campaign publicity materials to the constituency (territorial)
election commission with the signature of the respective candidate.
6. Mass media, the founder or one of the co-founders of which is a
local body of executive power or a body of local self-government, as well as
mass media which are fully or partially financed at the expanse of state funds
or funds of local self-government, are obliged to ensure equal opportunities
for pre-election speeches of candidates, their authorized persons.
7. The mass media are obliged to refrain from publicizing unverified
materials which compromise candidates. It is prohibited to publish or
disseminate in any other way the results of public opinion polls during the
last 10 days prior to the election day, and on the day
of elections. If the mass media have publicized compromising materials
regarding a candidate, they are obliged, no later than 5 days before the
elections, to render the respective candidate or his/her authorized person, at
their request, an opportunity for refutation of such materials.
8. Bodies of local self-government shall allot special places and set
up stands, boards for placement of pre-election campaign publicity materials.
They may adopt a decision banning posting of these materials on particular
buildings which are historical monuments, monuments of architecture,
and in the places where they could impede the safety of road traffic.
ARTICLE 38. Restrictions on Carrying Out Pre-Election Campaign Publicity
1. During election campaign, candidates or their authorized persons,
authorized representatives of local branches of political parties (blocs), of
public organizations, who are employees (owners) of the state and non-state
mass media are prohibited from publishing materials, participating in radio and
television programs which are of campaign publicity nature or concern the
preparation and conduct of elections, from taking more space (time) than it is
determined by constituency (territorial) election commission for other
candidates.
2. Persons who are not citizens of
3. Campaign publicity on the elections day - dissemination of election
leaflets, posters, appeals to voters to vote "for" or
"against" candidates, or to boycott
elections in any - shall be prohibited.
4. Influence on voters by means of oral or written appeals on the election day in the premises for voting or near them is
prohibited. Publicizing results of the voters’ polls in regard to whom they cast their votes for on radio and television is
unacceptable before the termination of voting.
5. All disputes regarding pre-election campaign publicity shall be
resolved by the constituency (territorial) election commission, decisions of
which can be appealed through court’s procedures.
CHAPTER IX. VOTING PROCEDURE
ARTICLE 39. Time and Place of Voting
1. Voting shall be held on the election day or
on the day of repeat voting from
2. The polling station election commission shall no later than 15 days
prior to the election day inform the voters of the
time and place of voting.
1. The election ballot must include: in a single-mandate election
constituency - the name of the rada to which the elections or deputies are
being conducted, number of the election constituency, and for the elections of
village, settlement, city chairman - respectively the name of the village,
settlement, city wherein the chairman is being elected; in the multi-mandate
election constituency - the name of the rada to which the elections of deputies
are being conducted, the number of the election constituency, the number of
mandates in this constituency.
2. The election ballot for voting in single-mandate and multi-mandate
election constituencies shall inscribe, in an alphabetical order, all
registered candidates indicating surname, first name, patronymic, year of
birth, party membership, position (occupation), place of work.
3. On the election ballot, an empty square shall be placed to the right
of the surname of every candidate. After all the candidates’ names, the
following entry shall be contained: "Do not support any of the
candidates". An empty square shall be placed to the right of and opposite
to this entry.
4. The election ballots shall be produced according to the forms
established by the Central Election Commission. Ballots for elections of
deputies of different links of radas, of village, settlement, city chairmen
must differ by paper color or by ink color used to print the ballot.
5. The territorial election commission can, if necessary, change the
size of election ballot for elections of rada deputies, of village, settlement,
city chairman depending on the number of registered deputies, or, without changing
its size, continue printing their names on the back side of the ballot using a
footnote on the first page: "List is continued on the back side". In
this case, the following superscription shall be on the back side of the
ballot: "List is continued here, see the beginning on the back".
6. If a candidate has resigned from the nomination after election
ballots were printed out, the constituency (territorial) election commission
shall adopt a decision to reprint election ballots, or to cross out the respective
candidate’s name from the election ballot.
7. Election ballots are documents of strict accountability and are to
be accounted. Chairman, deputy chairman, secretary and members of the
respective election commissions shall bear personal responsibility for their
storage and use.
8. On the eve of voting, in order to protect election ballots from
their potential forgery, chairman and secretary of the polling station election
commission shall put their signatures on each one of them.
ARTICLE 41. Premises for Voting
1. Voting shall be conducted in specially allotted premises which must
be equipped with the necessary number of booths or rooms for secret
vote-casting, which must have specific places for handing out the election
ballots, and have installed ballot boxes.
2. Ballot boxes shall be placed in such a way so that the voters, while
approaching them, are sure to pass through the booths or rooms for secret
vote-casting.
3. Entrance to the booths or rooms for secret voting, exit from them,
as well as the path from them to the ballot boxes, and the ballot boxes
themselves must be situated within the sight of the members of polling station
election commission.
4. The polling station election commission shall bear responsibility
for organizing the voting, ensuring the secrecy of the voters’ will, equipping
the premises and maintaining order in them.
5. A voter can stay in the premises for voting only for the time
necessary for vote-casting.
6. Official information about candidates, as well as the text of this
Law must be arranged in places accessible for voters within the premises for
voting.
1. A ballot box for voting shall be manufactured following the sample
established by the Central Election Commission.
2. Polling station election commissions may use ballot boxes of reduced
size for voting in polling stations with an insignificant number of voters, as
well as if the voting is held in the places of stay of particular voters who,
due to health condition or for other reasons, cannot arrive at the premises for
voting.
1. On the election day before the commencement
of voting, chairman of a polling station election commission shall check and seal
or stamp the ballot boxes in the presence of commission members, authorized
persons of local branches of political parties (blocs), of public
organizations, candidates, their authorized persons, observers who remain at
the polling station at this time.
2. The election ballots shall be handed out to voters by members of
polling station election commission on the grounds of the voter list of the
polling station after a voter presents a passport or another document
certifying his/her identity. A voter shall sign in the voter list to confirm
the reception of election ballot (ballots).
3. The quantity and content of election ballots, which a voter
receives, depends on the peculiarities of local elections determined based on
Articles 2, 3, 4 of this Law.
4. In the event when certain voters cannot, due to health condition or
for other valid reasons, arrive at the premises for voting, the polling station
election commission shall upon their written application charge at least two
commission members to organize voting in the places of these voters’ location.
With that, an extract from the list of voters shall be made on the eve of
voting in the form of a list which shall be handed by the chairman of polling
station election commission to the appropriate commission members along with
the necessary number of election ballots, and with the sealed or stamped ballot
box.
5. When voting in the place of the voter’s location, he/she shall sign,
to confirm the reception of election ballot (ballots), in the extract from the
voter list, and vote adhering the requirements of this
Law.
6. After the conduct of voting in the place of voter’s location, an
appropriate mark shall be made on the voter list. An extract from the voter
list shall be attached to the voter list.
ARTICLE 44. Procedure of Filling Out Election Ballot
1. Every voter shall vote personally. Voting for other persons is
unacceptable.
2. The election ballot shall be filled out by voting person in the
booth or room for the secret voting. When filling out the ballot, anyone else
but the voting person is prohibited from being present. A voter who is
incapable to autonomously fill out the ballot, can invite to the booth or room
for secret voting any other person except for election commission members,
authorized persons of local branches of political parties (blocs), of public
organizations, candidates who are campaigning in the given election
constituency, and their authorized persons.
3. In the election ballot for voting in single-mandate election
constituency, a voter shall put a "plus" (+) sign or another, which
provides an unambiguous answer regarding voter’s will, in the square opposite
to the name of the candidate, in favor of whom he/she votes. Voter can vote in
favor of only one candidate. In the event a voter does not support any
candidate, he/she shall put an appropriate sign in the square opposite to the
words: "Do not support any of the candidates".
4. In the election ballot for voting in multi-mandate election
constituency, voter shall put a "plus" (+) sign or another, which
provides an unambiguous answer regarding his/her will,
in the square opposite to the names of the candidates, in favor of whom he/she
votes. In the event that voter does not support any candidate, he/she shall put
an appropriate sign in the square opposite to the words: "Do not support
any of the candidates".
5. On the election ballot for the voting on the candidate lists of
local branches (organizations) of parties (blocs) in the unified multi-mandate
election constituency, voter shall put a "plus" (+) sign or another,
that gives an unambiguous answer concerning his/her will, in the square
opposite to the name of local branch (organization) of party (bloc), in favor
of which he/she votes. Voter can vote in favor of only one local branch
(organization) of party (bloc). In the event that voter does not support
candidate list of any local branch (organization) of party (bloc), he/she shall
put a sign in the square opposite to the words: "Do not support any of the
local branches (organizations) of parties (blocs)".
6. Voting person shall drop the filled election ballot into the ballot
box.
7. While conducting the voting, it is unacceptable to close the
premises for voting, suspend voting, open the ballot boxes, calculate
votes before the termination of time for voting established by this Law.
8. All voters who, on the moment of termination of the voting term,
remain in the premises for voting have the right to cast votes.
9. Opening of ballot boxes before the termination of voting is prohibited.
CHAPTER X. DETERMINING
ELECTION RESULTS
ARTICLE 45. Procedure for Calculation of Votes at the Polling Station
1. Calculation of votes at the polling station shall be conducted by
polling station election commission separately by each single-mandate,
multi-mandate election constituency, by each candidate. While handing out
ballots for voting and calculation of votes, nobody has the right to put any
marks or signs on them.
2. While calculating the votes, polling station election commission
must adhere the following sequence of actions:
1) after the completion of voting, election
commission shall cancel and count unused election ballots, pack them in
separate packages by each constituency, each rada. The package shall inscribe
number of polling station, of constituency, name of the rada and quantity of
unused ballots. The package shall be sealed and signed by commission’s chairman
and secretary;
2) election commission shall determine, based on the voter list, the
general number of voters at the polling station, number of voters in each
election constituency, as well as the total number of voters and number of
voters in each election constituency who received election ballots;
3) chairman of polling station election commission shall, in the
presence of commission members and other persons who can be present at the
commission’s session in accordance with this Law, check the integrity of the
imprints of stamp or seal on the ballot boxes, and open these boxes;
4) commission shall calculate, separately
within the boundaries of the given polling station by each election
constituency, the general number of election ballots that were in the boxes,
and the number of ballots declared void.
3. Election ballots of an unidentified format, ballots not containing
the signatures envisaged by the eighth paragraph of Article 40 of this Law,
ballots wherein no mark was put by the voter, shall be declared void. While
voting in single-mandate election constituencies, ballots wherein marks were
put in the squares opposite to the names of more than
one candidate, shall also be deemed void. While voting in single-mandate and
multi-mandate election constituencies, ballots wherein marks were put in the
squares opposite to the name (names) of a candidate (candidates) and to the sign
"Do not support any of the candidates",
shall be deemed void.
4. If doubts regarding the validity of election ballot arise, the issue
shall be resolved by the polling station election commission through voting.
5. The determined number of void election ballots shall be entered in
the minutes. Void ballots shall be packed separately by each election
constituency with an indication on the envelope of the number of polling
station, election constituency, name of rada to which the elections are
conducted. Packed envelope shall be signed by the chairman and secretary of
polling station election commission.
6. The commission shall calculate votes cast in favor of every
candidate, as well as the number of votes of those who did not support any of
the candidates, any of the candidate lists. After that, election ballots shall
be packed with an indication on the envelopes of the number of polling station,
election constituency, name of rada to which the elections are conducted.
Packed envelope shall be signed by the chairman and secretary of the polling
station election commission.
7. Surnames of citizens additionally entered in the ballot by voters
shall not be taken into account.
8. Polling station election commission shall make minutes separately
for every election constituency which shall inscribe:
1) general number of voters at the polling
station of the election constituency;
2) number of voters who received election
ballots;
3) number of voters who voted;
4) number of election ballots declared void;
5) number of votes cast in favor of each
candidate;
6) number of votes of voters, who did not
support any of the candidates.
9. Results of the calculation of votes shall be considered at the
session of the election commission regarding which minutes are to be made
following the form established by the Central Election Commission. Each minutes
of the polling station election commission regarding the voting results shall
be made in three copies and signed by the chairman, deputy chairman, secretary,
and by members of polling station election commission. Separate comments of
commission members in the written form shall also be attached to them, if such
were expressed.
10. The first copy of minutes along with the packages of election
ballots shall be immediately delivered to the respective constituency
(territorial) election commission, the second one shall be at once posted in
the premises of polling station election commission for general
familiarization, the third one shall be stored in the
records of the polling station election commission.
11. Transportation and passing of the minutes and other election
documents to constituency (territorial) election commission shall be done by
the chairman or deputy chairman, and by two members of polling station election
commission accompanied by an employee of interior body.
ARTICLE 46. Determining Election Results in the Election Constituency
1. Constituency (territorial) election commission shall, on the basis
of minutes of the polling station election commissions regarding the voting
results, determine:
1) general number of voters in election
constituency;
2) number of voters who received election
ballots;
3) number of voters who voted;
4) number of election ballots declared void;
5) number of votes cast in favor of each
candidate for deputy, for the position of village, settlement, city chairman;
6) number of votes of those voters who did not
support any of the candidates.
2. A candidate for deputy, a candidate for the position of village, settlement,
city chairman who received on elections the greatest, compared to other
candidates, number of votes cast, shall be deemed elected in single-mandate
election constituency.
3. If only one candidate was nominated in single-mandate election
constituency, he/she shall be deemed elected if the majority of voters, who
took part in the voting, voted "for" him/her.
4. Candidates in multi-mandate election constituency, who received a
greater, compared to other candidates, number of votes cast, shall be deemed
elected. With that, the general number of elected candidates cannot exceed the
number of deputy mandates determined for the given election constituency.
5. In the event that two or more candidates acquired the largest and at
the same time the same number of votes, the constituency (territorial) election
commission shall adopt a decision to conduct repeat voting on these
candidatures, which is to be held no later than within a two-week term after
the day of elections according to order, established by this Law.
6. The constituency (territorial) election commission may declare
elections in election constituency as such that were not conducted if voting
was not held due to resignation of all registered candidates or for other
reasons.
7. Voting and election results in the election constituency shall be
determined at the session of constituency (territorial) election commission and
entered in the minutes which shall be made in three copies following the form
established by the Central Election Commission. The minutes shall be signed by
the chairman, deputy chairman, secretary, and by members of constituency
(territorial) election commission. The first copy of minutes along with the
envelopes with election ballots shall be immediately delivered to the territorial
election commission, the second one shall be at once posted in the premises of
constituency (territorial) election commission for general familiarization, and
the third one shall be stored in the records of constituency (territorial)
election commission.
ARTICLE 47. Declaring Local Elections Void and Conduct of Repeat Voting
1. The constituency (territorial) election commission can declare
elections void in the election constituency or in particular polling stations
if, in the course of their conduct or during the calculation of votes, a
violation of this Law took place which affected the election results.
2. If the respective election commission declared the elections void in
a particular or several polling stations which affected the election results in
the respective election constituency, the territorial election commission can,
upon the proposal from the constituency election commission, appoint repeat
voting in those polling stations where the elections were declared void.
3. Repeat voting shall also be conducted, in case provided for by the
fifth paragraph of Article 46 of this Law.
4. Repeat voting shall be conducted no later than within a two-week
term after the election day in the order established
by this Law.
ARTICLE 48. Determining Local Election Results by the Territorial Election
Commission
1. The respective territorial election commission shall on the basis of
the minutes of constituency election commissions regarding the results of
voting and elections of deputies, of village, settlement, city chairmen, adopt
a decision on the voting results and outcomes of elections of deputies of the
respective rada, of village, settlement, city chairman, and on their
registration.
2. Announcement about the voting results and election outcomes, the list
of elected deputies in alphabetical order indicating surname, first name,
patronymic, party membership, position (occupation), place of work and
residence of every deputy, election constituency in which he/she was elected,
as well as surname, first name, patronymic, party membership, and place of
residence of the elected village, settlement, city chairman shall be published
in press or brought to the knowledge of the population of the respective
territory in another manner no later than within 10 days after the elections
were conducted.
3. A decision of the territorial election commission on the voting
results and election outcomes may be appealed in court by a candidate or
his/her authorized person, within three days after the territorial election commission
publicized voting results and election outcomes. The court shall consider the
complaint within a five-day term from the moment it was received.
4. The court’s decision is final and mandatory for the execution by
territorial election commission in a two-day term.
5. The decision of the respective territorial election commission about
the registration of the elected deputy, village, settlement, city chairman, or
about refusal in registration can be deemed invalid by court.
6. The territorial election commission shall inform the respective rada
at its plenary session of the voting results and outcomes of the elections of
deputies, of village, settlement, city chairman.
CHAPTER XI. REPEAT ELECTIONS. ELECTIONS OF RADA DEPUTIES,
OF VILLAGE, SETTLEMENT, CITY CHAIRMEN TO REPLACE THOSE WHO RESIGNED
ARTICLE 49. Procedure for Conducting Repeat Elections
1. Repeat elections shall be conducted in the event elections in an
election constituency were declared as such that were not-conducted, or void, and in other instances when rada was elected in an
incomplete complement. Repeat elections shall also be conducted if village,
settlement, city chairman was not elected, and in case provided for by third
paragraph of Article 32 of this Law
2. A decision to conduct repeat elections shall be adopted by
territorial election commission no later than within a month after the day of
conduct of elections, or after the day of repeat voting.
3. Repeat election shall be conducted by the same election commissions,
in the same election constituencies, polling stations, using the same voter
lists, in the order and within the terms established by this Law.
4. The territorial election commission can adopt a decision on reducing
the terms for conducting repeat elections established by this Law, but no more
than by a half.
5. Citizens, towards whom the decision to register them as a candidate
was canceled, as well as persons who committed actions which brought about the
declaration of elections or repeat voting as void, and in other cases provided
for by law, may not stand for repeat elections.
ARTICLE 50. Conduct of Elections of Local Rada Deputies, of Village, Settlement,
City Chairmen to Replace Those Who Resigned
1. In the event of pre-term termination of the authority of a deputy, a
village, settlement, city chairman, the respective local rada shall, no later
than within a month from the moment the candidate, the village, settlement,
city chairman resigned, adopt a decision to conduct elections of a deputy, a
village, settlement, city chairman to replace the one who resigned.
2. Elections of deputy, of village, settlement, city chairman to
replace the one who resigned shall be conducted in the order and within the
terms established by this Law.
3. Deputy, village, settlement, city chairman to replace the one who
resigned shall be elected for the term until deputies, village, settlement,
city chairman elected at the next regular elections assume the authority.
4. If a deputy, a village, settlement, city chairman had resigned less
than six month prior to the expiration of the term of the authority of the
respective rada (chairman), elections of the deputy, the village, settlement,
city chairman to replace the one who resigned may not be conducted upon the
decision of the respective rada .
СТАТТЯ 50-1. Term of Authority of
the Deputies of Local Rada Deputies, of Village, Settlement, City Chairmen
elected at extraordinary elections
In the event of the
conduct of extraordinary, repeat elections, elections instead of resigned local
rada deputies, of village, settlement, city chairmen, elections in the event of
formation of a new administrative and territorial unit, as well as other
elections within the term which does not correspond with the term of the
conduct of the general regular elections, they shall be elected for the term
until the investment of the authority by the deputies, of village, settlement,
city chairmen elected on the next regular elections.
(Law
was amended with Article 50-1 according to the Law # 431-XIV as of 16.02.99 )
CHAPTER XII. FINANCING OF ELECTION CAMPAIGN
ARTICLE 51. Financing of Local Elections
1. Regular and extraordinary local elections appointed by the Verkhovna
Rada of
2. Expenditures connected with the preparation and conduct of elections
shall be carried out by election commissions from the election funds which are
to be formed by territorial election commissions at the expense of the funds
allocated for the elections conduct. Territorial election commission has the
status of a legal entity and shall be the manager of the election fund. The
amount of this fund shall be determined by the respective rada.
ARTICLE 52. Candidates’ Private Election Funds, Procedure of Their Formation
1. Candidates shall have the right to form private election fund, from
funds of which payment for expenditures for the conduct of election campaign
shall be carried out.
2. Private election funds shall be formed at the expanse of candidate’s
funds. These funds may include donations from citizens of
3. The amount of private election fund of a candidate cannot exceed 50
minimal non-taxed salaries.
4. Local bodies of executive power, bodies of local self-government,
state enterprises, organizations and institutions, legal entities with the
share of foreign capital, foreign governmental, international organizations and
associations, as well as anonymous persons or those under pseudonym are
prohibited from contributing to the private election fund of a candidate.
5. Appropriate accounts for private election funds shall be opened in
the institutions of the National Bank of
6. Candidates or authorized persons of candidates entrusted by them, shall be the managers of funds from private election
funds. The manager of the private election fund shall be issued a check book
for the entire sum of the election fund.
ARTICLE 53. Control Over Formation and Use of Election Funds
1. Control over formation and use of funds from private election funds of
candidates shall be exercised by the respective territorial election
commission, taxation bodies, and by bank institutions with which the respective
account is opened.
2. Funds from private election funds shall be used exclusively for the
needs of the campaign publicity of a candidate. Use of funds from private
election funds for other means is forbidden.
3. Funds received by private election fund from individuals or legal
entities who, according to the fourth paragraph of
Article 52 of this Law, have no right to contribute, or if the address of the
contributor is absent, shall be transferred to the respective local budget upon
the decision of territorial election commission.
4. Funds from private election funds which were not used for the needs
of election campaign shall be transferred to the respective local budget upon
the decision of territorial election commission.
CHAPTER XIII. FINAL PROVISIONS
ARTICLE 54. Conduct of Extraordinary Elections of Deputies of Local Rada, of
Village, Settlement, City Chairman
1. Extraordinary elections of local rada deputies shall be appointed by
the Verkhovna Rada of Ukraine in the event of pre-term termination of local
rada’s authority, upon the decision of local referendum, as well as in the
event provided for by fourth paragraph of Article 78 of the Law of Ukraine
"On Local Self-Government in Ukraine".
2. Extraordinary elections of village, settlement, city chairman shall
be appointed by the Verkhovna Rada of Ukraine according to the fifth paragraph
of Article 79 of the Law of Ukraine "On Local Self-Government in
Ukraine".
3. Extraordinary
elections respectively of local rada deputies, of village, settlement, city
chairman shall be conducted in the order and within the terms provided for by
this Law for regular elections.
ARTICLE 55. Conduct of Elections of Local Rada Deputies, and of Village,
Settlement, City Chairman in the Event of Formation of a New
Administrative-Territorial Unit
1. In the event of formation of a new administrative-territorial unit,
local elections in this territory shall be appointed respectively by the
Verkhovna Rada of the Autonomous Republic of Crimea, by oblast rada, Kyiv city
and
2. Elections of deputies, of village, settlement, city chairman in a
newly formed administrative-territorial unit shall be conducted in the order
and within the terms established by this Law, with the following peculiarities:
1) territorial election commissions shall be
formed, respectively, by the Verkhovna Rada of the Autonomous Republic of
Crimea, by oblast rada, Kyiv city rada,
2) territorial election commission shall, according to this Law,
determine the general number of deputies for the respective rada, form election
constituencies as well as polling stations, constituency and polling station
election commissions if the bodies of local self-government, within the
competence of which there falls formation of the specified commissions and
polling stations, are absent in the respective territory;
3) deputies of local rada, respectively
village, settlement, city chairman in a newly formed administrative-territorial
unit shall be elected for the period until deputies, village, settlement, city
chairman are elected at the regular local elections and the respective rada is
formed in a competent complement upon the results of such elections.
ARTICLE 56. Election Documents. Term for storage of
election documents
1. Forms and samples of election documents shall, according to this
Law, be established by the Central Election Commission.
The Central Election Commission shall organize their centralized manufacturing.
Forms of other election documents shall be established by territorial election
commissions.
2. Minutes of sessions and decisions of election commissions shall be stored
with the bodies which formed respective election commissions for four years,
and afterwards shall be passed for storage to local state archives in the
established order.
3. Other documents of election commissions shall be stored at the
bodies which formed respective election commissions for four years, and
afterwards shall be destroyed in the established order.
4. Election ballots shall be stored at the territorial election
commissions until they adopt decisions on election of rada deputies, of village,
settlement, city chairmen, and shall be destroyed in the established order
after the terms established by this Law for appeal of commission decisions on
election outcomes in the court expire.
CHAPTER XIV. RESPONSIBILITY FOR VIOLATION OF THIS LAW
ARTICLE 57. Responsibility of officials and citizens for
violation of election legislation.
1. Persons who hindered free execution of the right of citizens of
Ukraine to vote and be elected, to carry out pre-election campaign publicity,
by means of violence, fraud, threat, bribery or in other ways, or who appealed
to or campaigned in public for boycotting elections, as well as chairman,
deputy chairman, secretary and members of election commissions, authoritative
or public officials from state bodies, bodies of local self-government, of
public organizations who forged election documents, deliberately miscalculated
the votes, violated the secrecy of voting, or otherwise violated this Law,
shall bear the responsibility established by the law.
2. Persons who published or disseminated in other ways deliberately
falsified data concerning a candidate shall also be called to account as
provided by law.
ARTICLE 58. Responsibility of a Candidate for Deputy, Candidate for Position of
Village, Settlement, City Chairman
1. Violations of the requirements of this Law by a candidate for deputy
of local rada or by a candidate for position of village, settlement, city
chairman, by their authorized persons shall entail the cancellation, on the
basis of court’s decision, by a territorial election commission of its
decisions (decisions of respective election commissions) on registration of
candidate, or on the voting results and elections outcomes in the part
concerning the respective candidate.
2. The following shall be the bases for cancellation by territorial
election commission of the decisions specified by the first paragraph of this
Article:
1) candidate’s presenting an obviously untrue
information about himself/herself to the subjects of electoral process;
2) forgery of documents which are submitted by
candidate or his/her authorized persons to appropriate election commissions;
3) exploiting by the candidate or by his/her authorized persons, during
the preparation and conduct of election, of his/her official position, in particular
in order to influence the subjects of electoral process, to involve in
campaigning at work time individuals officially subordinated to them, to
utilize in the course of election campaign of official transport for the
benefit of a candidate, of copying equipment, xerox machines, other technical
means, equipment, which are within candidate’s, his/her authorized persons’
subordination;
4) candidate’s or his/her authorized persons’
violation of the norms of using the mass media for campaign publicity work,
established according to this Law;
5) candidate’s or his/her authorized persons’ taking measures of
campaigning nature which were accompanied with rendering to voters, to other
subjects of electoral process, unpaid or on privileged terms, of goods, securities,
credits, money, services;
6) candidate’s or his/her authorized persons’
campaigning in any form on the day of elections, in particular at polling
stations and in the territories adjoining them;
7) use, to carry out election campaign of a candidate, of funds in the
amounts exceeding the standards determined by this Law, or from sources
unforeseen by this Law;
8) candidate’s or his/her authorized persons’
ignoring the requirements of election commissions concerning non-admission of
other violations of this Law.
The decision on registration of a candidate or on voting results and
elections outcomes shall, in part which concerns the candidate,
be canceled by territorial election commission also in the event other
violations by him/her of the Ukrainian legislation, incompatible with the
status of a candidate defined by this Law, were found.
3. Other responsibility, envisaged by the laws of
4. Sums of funds at the accounts of private election funds, exceeding
the standards established by this Law, shall be undisputedly transferred to
appropriate local budgets.
CHAPTER
XV. TRANSITIONAL PROVISIONS
1. This Law shall come into effect from the
day it is publicized.
2. From the day of enforcement of this Law, the Law of Ukraine "On
Elections of Deputies and Chairmen of Village, Settlement, Rayon, City,
Rayon-in-Cities, Oblast Radas" (Vidomosti of Verkhovna Rada of Ukraine,
1994, #8, p.38, #25, p.200; 1996, #9, p.44), the Resolution of the Presidium of
the Verkhovna Rada of April 5, 1994 "On Forms of Election Documents and
Sample of Ballot Box for Elections of Deputies and Chairmen of Village,
Settlement, Rayon, City, Rayon in City, Oblast Radas", the Resolution of
the Presidium of the Verkhovna Rada of Ukraine of April 3, 1995 "On
Introduction of Changes and Amendments to the Resolution of the Presidium of
the Verkhovna Rada of Ukraine from April 5, "On Forms of Election
Documents and Sample of Ballot Box for Elections of Deputies and Chairmen of
Village, Settlement, Rayon, City, Rayon in City, Oblast Radas" and the
Resolution of the Verkhovna Rada of Ukraine from July 13, 1994 "On the
Application of Laws of Ukraine "On Elections of People’s Deputies of
Ukraine", "On Elections of President of Ukraine", "On
Elections of Deputies and Chairmen of Village, Settlement, Rayon, City, Rayon
in City, Oblast Radas" in part, which relates to the deputies and chairmen
of village, settlement, rayon, city, rayon in city, oblast Radas, shall loose
its force.
3. In the cities of Kyiv and
4. Elections of deputies of local radas and of village, settlement,
city chairmen on March 29, 1998 shall be conducted in accordance with this Law,
with the following peculiarities: the decision on the general complement of
radas and on the formation of territorial election commissions shall be adopted
no later than 55 days prior to the day of elections, notification of the
procedure and terms for submission of proposals, specified in third paragraph
of Article 14 of this Law, shall be publicized no later than three days prior
to the commencement of the term for their submission, election constituencies
shall be formed no later than 50 days, constituency election commissions - no
later than 45 days prior to the election day, nomination of candidates shall
begin 45 days and shall end 35 days prior to the day of elections, registration
of candidates shall begin 40 days and shall end 30 days prior to the day of elections.
Village, settlement, city, rayon in city, rayon, oblast branches of political
parties (blocs) and of public organizations, which expressed the intention to
participate in local elections, shall submit applications about this to the
respective territorial election commission no later than 50 days prior to the
day of elections.
President of
Leonid Kuchma
Kyiv,
# 14/98-VR