On the Introduction of Amendments to the Law of Ukraine
"On Elections of the President of Ukraine"
The Verkhovna Rada of Ukraine has hereby resolved:
To introduce amendments to the Law of Ukraine "On Elections of the President of Ukraine" ("Information from the Verkhovna Rada of Ukraine" 1999, No. 14, Article 81; No. 28, Article 237; No. 44, Article 387; 2001, No. 9, Article 38; 2003, No. 27, Article 209; No. 30, Article 247), in the following wording:
Law of Ukraine
"On the Elections of the President of Ukraine"
Chapter I
GENERAL PROVISIONS
Article 1. Main Principles of the Elections of the President of Ukraine
1. The President of Ukraine shall be elected by the citizens of Ukraine on the basis of universal, equal and direct suffrage, by means of a secret ballot.
2. The term of office of the President of Ukraine shall be determined by the Constitution of Ukraine.
1. The elections of the President of Ukraine are general. Citizens of Ukraine, who have reached 18 years of age on the day of elections, shall have the right to vote.
2. The document confirming Ukrainian citizenship is:
1) a passport of a citizen of Ukraine;
2) a passport of a citizen of Ukraine for travelling abroad;
3) a diplomatic passport;
4) a service passport;
5) a seaman's identity card;
6) a crew member's identity card;
7) a military ticket for fixed-term military servicemen;
8) a temporary identity card of a citizen of Ukraine;
9) a card (certificate) issued by an institution under the penitentiary system, which must contain the surname, name and patronymic date, month and year of birth, citizenship, a photo of the person, the signature of the head and seal of the institution - for persons held in penitentiary institutions.
3. Citizens of Ukraine who have the right to vote may participate in the work of election commissions as their members, as well as in the conduct of the pre-election campaign, in the observation of the elections of the President of Ukraine and in other events in accordance to the procedure specified in this and other laws of Ukraine.
4. Any direct or indirect privileges or restrictions of the voting rights of the citizens of Ukraine based on race, skin colour, political, religious and other convictions, gender, ethnic and social origin, property status, place of residence, or based on language or other criteria, besides those envisaged by the Constitution of Ukraine and this Law, shall be prohibited.
5. Citizens found incapable by a court shall not have the right to vote.
6. A citizen of Ukraine, who, at the time of preparation and conduct of the elections, resides or is staying outside the boundaries of Ukraine, and who on legal grounds crossed the State boundary of Ukraine, shall exercise s his/her right to vote for the elections of the President of Ukraine on a general basis.
7. Citizens of Ukraine who have the right to vote are voters.
1. The elections of the President of Ukraine shall be equal: citizens of Ukraine shall take part in them on an equal basis.
2. Each voter has one vote in the elections of the President of Ukraine. The voter may only cast his/her vote at one election precinct on the day of elections.
3. All candidates nominated for the post of the President of Ukraine shall enjoy equal rights and opportunities to take part in the election process.
4. The equality of rights and opportunities to take part in the election process is guaranteed by:
1) a prohibition of all privileges and restrictions on the candidates for the post of President of Ukraine based on race, skin colour, political, religious and other convictions, gender, ethnic and social origin, property status, place of residence, or based on language or other criteria;
2) a prohibition on interference from the side of State executive bodies and bodies local self-government in the election process, except in cases envisaged by this Law;
3) a prohibition on using other funds than funds from the State Budget of Ukraine and the election funds of the candidates to the post of President of Ukraine for the purposes of financing the pre-election campaign.
Elections of the President of Ukraine are direct. Citizens of Ukraine shall directly elect the President of Ukraine.
Article 5. Voluntary Participation in Elections
Citizens of Ukraine participate in the elections of the President of Ukraine on a voluntary basis. No one may be forced to take part or not take part in the elections.
1. The elections of the President of Ukraine are free. The voters are guaranteed conditions to form and express their will freely during voting.
2. The use of violence, threats, fraud, bribery or any other actions impeding the free formation and free expression of the will of the voters is prohibited.
3. Military servicemen shall vote at ordinary election precinct located outside the boundaries of dislocations of military units, except in cases envisaged by this Law. Fixed-term military servicemen shall be provided with at least a four hour leave on the day of elections in order to ensure the free expression of their will.
The ballot for the elections for the President of Ukraine is secret: control over the expression of the will of voters is prohibited.
Each voter shall cast s his/her vote at the elections of the President of Ukraine in person. Voting on behalf of other persons, as well as delegating one's right to vote to any other person, is prohibited.
1. A citizen of Ukraine, who is thirty-five years of age on the day of elections, eligible to vote, has a commands of the state language and has resided in Ukraine for the last ten years prior to the day of elections, can be elected the President of Ukraine.
2. According to this Law, residence in Ukraine means:
1) residence on the territory within the State boundary of Ukraine;
2) stay on a vessel at sea under the State Flag of Ukraine;
3) stay , in accordance with the procedure established by legislation, of citizens of Ukraine outside the boundaries of Ukraine on official travel, service in diplomatic and other official representations and consular offices of Ukraine, international organizations and their agencies;
4) stay at polar stations of Ukraine;
5) service in a military unit of the Armed Forces of Ukraine dislocated outside the boundaries of Ukraine;
6) stay of the citizens of Ukraine outside its boundaries according to applicable international agreements of Ukraine.
3. According to this Law, residence in Ukraine shall also include residence together with the persons, specified in clause three of part two of this article, of members of their family.
4. A citizen, who has been convicted of a premeditated crime and such conviction has not been cancelled or removed according to the procedure established by law, cannot be nominated as a candidate to the post of the President of Ukraine.
5. One and the same individual cannot be the President of Ukraine for more than two consecutive terms. An individual who has been elected the President of Ukraine for two consecutive terms cannot be nominated as a candidate for this post.
6. A person, whose powers at the post of President of Ukraine have been terminated before the term according to the Constitution of Ukraine, cannot be nominated candidate to the post of the President of Ukraine in extraordinary elections called in connection with the aforementionedtermination of powers.
Article 10. Right to Nominate Candidates for the Post of the President of Ukraine
1. The right to nominate candidates to the post of the President of Ukraine shall belong to Ukrainian citizens who are eligible to vote. They shall exercise this right through political parties or their election blocs (hereinafter parties (blocs)), as well as by self-nomination, according to the procedure established by this Law.
2. A party (bloc) may only nominate one candidate to the post of the President of Ukraine.
Article 11. The Election Process
1. The election process is the realization of the election procedures envisaged by this law by the subjects specified in article 12 of this Law.
2. The election process shall be realized on the principles of:
1) lawfulness and a prohibition of illegal interference of any person with this process;
2) political pluralism and a multi-party system;
3) publicity and openness of the election process;
4) equality of all candidates for the post of President of Ukraine;
5) equality of rights of the parties (blocs) - subjects of election process;
6) freedom of campaign, equal opportunities for candidates to the post of President of Ukraine to access mass media;
7) impartiality from the side of the State executive bodies, bodies of local self-government, enterprises, institutions and organizations, their directors and other officials and officers towards candidates to the post of the President of Ukraine and, parties (blocs).
3. The beginning of the election process shall be determined by the terms specified in the Constitution of Ukraine and this Law.
4. The election process shall include the following stages:
1) the formation of territorial election districts;
2) the formation of election precincts;
3) the formation of territorial and polling station election commissions;
4) the compilation of lists of voters, their revision and update;
5) the nomination and registration of candidates;
6) the conduct of the pre-election campaign;
7) voting on the day of elections of the President of Ukraine;
8) The count of the votes of voters and the determination of the results of the vote and the results of the elections of the President of Ukraine;
5. If necessary, the election process may as well include the following stages:
1) repeat voting;
2) the count of the votes of voters and the determination of result of the repeat voting and the results of the elections of the President of Ukraine.
6. The stages, envisaged by part five of this article, shall only take place in cases envisaged by this Law.
7. The election process terminates with the official announcement of the results of elections of the President of Ukraine by the Central Election Commission or with the official publication of a submission of the Central Election Commission to the Verkhovna Rada of Ukraine regarding the calling of repeat elections of the President of Ukraine.
Article 12. The Subjects of the Election Process
The subjects of the election process are:
1) the voter;
2) the election commissions formed according to this Law and the Law of Ukraine "On the Central Election Commission";
3) the candidates to the post of the President of Ukraine registered in accordance with the procedure established by this Law;
4) the parties (blocs), that nominated candidates to the post of the President of Ukraine;
5) the authorized representatives, proxies and official observers from parties (blocs) - subjects of the election process and from candidates to the post of the President of Ukraine.
Article 13. Publicity and Openness of the Election Process
1. The elections of the President of Ukraine shall be prepared and conducted in a public and open manner.
2. In order to ensure the public and open nature of the election process, the election commissions, in accordance with their powers, shall:
1) inform the population about their composition, location and working hours, about the formation of territorial election districts and election precincts, about the voting hours and place, and about the fundamental rights of voters, including the right to appeal unlawful decisions, actions or inactivity of election commissions, state executive bodies and bodies of local self-government, enterprises, institutions and organizations, their directors and other officials and officers that violate or restrict the voting rights;
2) ensure opportunities for the citizens to get acquainted with the lists of voters, with information about the candidates for the post of the President of Ukraine and with pre-election programs of the candidates for the post of President of Ukraine, and with the procedure for filling out signature sheets and marking election ballots;
3) notify the population about the results of the vote and the results of the elections of the President of Ukraine;
4) provide other information in cases envisaged by this law.
3. Decisions of election commissions shall be brought to the knowledge of citizens through the print press , or, if impossible, made public publicized otherwise.
4. The mass media shall be obliged to cover the pace of the election process in an objective manner. Their representatives shall be guaranteed unrestricted access to all public election related events and to sessions of election commissions and to the polling stations on the day of elections and on the day of repeat voting - on the conditions specified in part nine of article 28 of the this Law. Election commissions, state executive bodies, bodies of local self-government, officials and officer of these bodies shall be obliged, within the limits of their powers and competence, to provide representatives of the mass media with the necessary information regarding the preparation and conduct of the elections.
5. Election commissions established at diplomatic and other foreign representations of Ukraine in countries where a significant number of voters have residence shall ensure that information about the voting hours and place and the location of the respective corresponding polling stations is published in the local mass media. The Central Election Commission shall determine s the list of such countries.
Article 14. The Legal Basis of the Elections of the President of Ukraine
The preparation and the conduct of elections of the President of Ukraine are regulated by the Constitution of Ukraine, this Law, the Law of Ukraine "On the Central Election Commission", other laws of Ukraine, Resolutions of the Verkhovna Rada of Ukraine on the calling of the elections of the President of Ukraine, as well as other legislative acts adopted according to this Law.
Chapter II
THE PROCEDURE AND TERMS FOR CALLING AND CONDUCTING THE ELECTIONS OF THE PRESIDENT OF UKRAINE
Article 15. Types of Elections of the President of Ukraine
1. The elections of the President of Ukraine may be ordinary, extraordinary and repeat.
2. Ordinary elections of the President of Ukraine shall be conducted in connection with the termination of the constitutional term of office of the President of Ukraine.
3. Extraordinary elections of the President of Ukraine shall be conducted if the power of the President of Ukraine are terminated before term in cases envisaged by the Constitution of Ukraine.
4. Repeat elections of the President of Ukraine shall be conducted:
1) if no more than two candidates for the post of the President of Ukraine were included in the election ballot for voting and neither of them has been elected; and
2) if all candidates for the post of President of Ukraine, who were included in the election ballot, have resigned prior to the day of elections or prior to the day of repeat voting.
Article 16. Procedure for Calling Elections
1. The Verkhovna Rada of Ukraine shall call the elections of the President of Ukraine. The Verkhovna Rada of Ukraine shall adopt a resolution on calling the elections of the President of Ukraine.
2. The Verkhovna Rada of Ukraine shall adopt a resolution on calling ordinary or extraordinary elections of the President of Ukraine on the grounds specified by the Constitution of Ukraine and this Law.
3. The Verkhovna Rada of Ukraine shall adopt a resolution on calling repeat elections of the President of Ukraine based on a submission from the Central Election Commission.
Article 17. Terms for Calling and Conducting Elections
1. Ordinary elections of the President of Ukraine shall be conducted on the last Sunday of October of the fifth year of the term of the President of Ukraine.
2. The Verkhovna Rada of Ukraine shall take a decision on calling ordinary elections of the President of Ukraine no later than one hundred and thirty days prior to the day of elections. The Verkhovna Rada of Ukraine shall ensure the publication of the decision to call ordinary elections of the President of Ukraine in the mass media.
3. The election process of ordinary elections of the President of Ukraine shall begin no later than one hundred and twenty days prior to the day of elections.
4. Extraordinary elections of the President of Ukraine shall take place on the last Sunday of the ninety-day term from the day of:
1) a personal statement by the President of Ukraine about his/her resignation at a session of the Verkhovna Rada of Ukraine;
2) the publication of a decision of the Verkhovna Rada of Ukraine confirming the inability of the President of Ukraine to perform his/her duties and power due tothe state of health;
3) the publication of a decision of the Verkhovna Rada of Ukraine on removal of the President of Ukraine from his/her post based on impeachment; and
4) the adoption by the Verkhovna Rada of Ukraine of a resolution on calling extraordinary elections in connection with the death of the President of Ukraine.
5. The resolution of the Verkhovna Rada of Ukraine on calling extraordinary elections of the President of Ukraine in the cases envisaged by clauses 1 to 3 of part four of this article shall be adopted on the day when the President of Ukraine makes the statement specified in clause 1 of part four of this article, or on the day of taking the decisions envisaged in clauses 2 and 3 of part four of this article, respectively.
6. The election process of extraordinary elections of the President of Ukraine shall begin on the day following the day specified in clauses 1 to 4 of part four of this article.
7. Repeat elections of the President of Ukraine shall take place on the last Sunday of the ninety-day term from the day the Verkhovna Rada of Ukraine adopted the resolution on calling the repeat elections.
8. The resolution of the Verkhovna Rada of Ukraine on calling repeat elections shall be adopted no later than on the fifteenth day after the Central Election Commission filed the respective submission to the Verkhovna Rada.
9. The election process of repeat elections of the President of Ukraine shall begin on the day following the day when the Verkhovna Rada officially publishes the resolution on their calling.
Article 18. Procedure for Calculating the Terms
1. All terms determined in this Law are calculated on the basis of calendar days.
2. The first day of a term which, according to the Law shall commence in connection with the occurrence of a certain event, is considered the day following the day of occurrence of such event.
3. The last day of a term which, according to the Law shall end in connection with the occurrence of a certain event, is considered the day preceding the day of occurrence of such event.
Chapter III
The Territorial Organization of the Elections OF THE PRESIDENT OF UKRAINE
Article 19. Election Districts
1. Elections of the President of Ukraine are shall be conducted in one nationwide single-mandate election constituency that encompasses the entire territory of Ukraine.
2. In order to conduct the elections, the territory of Ukraine shall be divided into 225 territorial election districts. The number of such districts in the Autonomous Republic of Crimea, the oblasts, and cities of Kyiv and Sevastopol shall be determined by the Central Election Commission, taking into account their administrative-territorial structure and the number of voters on the basis of statistical data submitted by a central executive body in charge of statistics. A territorial election district shall include one or more districts [rayons], cities, and city districts [rayons in cities].
3. The decision to form territorial election districts shall be adopted by the Central Election Commission no later than one hundred and ten days prior to the day of elections. Territorial election districts shall be formed with an approximately equal number of voters.
4. The list of territorial election districts, indicating their numbers, territorial boundaries and centers of the districts, shall be published by the Central Election Commission in official mass media within three days from the day it adopted the respective decision.
Article 20. Election Precincts
1. In order to conduct the vote and count of votes at elections of the President of Ukraine, the territory of villages, settlements, cities and city districts, which are parts of a territorial election district, shall be divided into election precincts.
2. Election precincts may be ordinary, special and foreign [abroad].
3. Ordinary election precincts shall be formed to facilitate the voting of voters according to their place of residence.
4. Special election precincts shall be formed in stationary medical institutions, on board vessels at sea under the State Flag of Ukraine on the day of elections, at polar stations of Ukraine, in institutions under the penitentiary system, and other places of temporary stay of voters with limited abilities of movement. In exceptional cases, the Central Election Commission upon a submission from the respective territorial election commission may form special election precincts at the territory of military units (formations) located far from populated areas.
5. Election precincts abroad shall be formed at diplomatic and other official representations and con sular offices of Ukraine abroad, and in military units (formations), dislocated outside the boundaries of Ukraine.
6. The territorial election commissions shall form ordinary election precincts upon a submission from the executive committees of village, settlement, city (in which there are no city district councils), and city district councils, and in case such bodies do not exist, upon a proposal respectively from the village, settlement, and city heads, from heads of city district councils or from officials who according to law exercise authorities on their behalf. The territorial election commission shall in the form of its decision establish the boundaries of each ordinary election precinct, the list of buildings included therein, as well as the location of the polling station election commission.
7. The territorial election commissions shall form the special election precincts at the location of the respective establishments or institutions, or according to the place of registration of the vessel or polar station.
8. The Central Election Commission shall form s election precincts abroad upon a submission from the Ministry of Foreign Affairs of Ukraine. Election precincts abroad shall constitute a separate out-of-country election district.
9. Election precincts shall be formed with a number of voters between 20 and 3000. If the number of voters within the respective territory or at the respective establishment or institution is smaller or greater than the specified limits of the number of voters, and such voters (or their surplus) cannot be attributed to another election precinct, or if it is impossible to form an additional election precinct within this territory, or at the respective establishment or institutions, an election precinct may be formed with a smaller or greater number of voters.
10. Election precincts shall be formed no later than fifty days prior to the day of elections. In exceptional cases the Central Election Commission may form a special or foreign election precinct no later than seven days prior to the day of elections upon a submission from the respective territorial election commission or the Ministry of Foreign Affairs of Ukraine.
11. In the form of its decision, the territorial election commission shall establish a uniform enumeration of the election precincts within the boundaries of the territorial election district and submit proposals to the Central Election Commission as to the number of the election precinct in case of formation of a special election precinct according to parts four and ten of this article.
12. Decisions of the territorial election commission on the formation of election precincts with an indication of their numbers, boundaries, the approximate number of voters and the location of the respective polling station election commissions shall be published in the print press no later than on the fifth day after the day the decision was adopted. In case a special or foreign election precinct is formed according to part ten of this article, the decision of the Central Election Commission shall be published in the same order no later than five days prior to the day of elections.
Chapter IV
ELECTION COMMISSIONS
Article 21. The System of Election Commissions
1. The elections of the President of Ukraine shall be prepared and conducted by:
1) The Central Election Commission;
2) territorial election commissions; and
3) polling stations election commissions.
2. The authorities of election commissions in relation to preparation and conduct of the elections of the President of Ukraine shall extend in the following way s:
1) those of the Central Election Commission - to the entire territory of Ukraine;
2) those of territorial election commissions - to the territory of the election district; and
3) those of polling stations election commissions - to the territory of the election precinct.
3. The Central Election Commission shall also exercise s the authority of the territorial election commission in the separate out-of-country election district.
Article 22. The Legal Status of Election Commissions
1. Election commissions are special collegial bodies of the state power authorized to organize the preparation and conduct of the elections of the President of Ukraine, and to ensure the full and equal observance of the legislation of Ukraine in respect to the elections of the President of Ukraine.
2. The status of the Central Election Commission is determined by the Constitution of Ukraine, the Law of Ukraine "On the Central Election Commission", and this and other laws. The Central Election Commission shall head the system of election commissions that organize the preparation and conduct of the elections of the President of Ukraine and it shall be the higher - level commission in respect to all territorial and polling station election commissions envisaged by this Law.
3. The status of territorial and polling station election commissions shall be determined by this Law.
4. The territorial election commission is a legal entity. The territorial election commission is the higher - level commission in respect to all polling station election commissions located within the territory of the respective territorial election district in connection with the elections of the President of Ukraine.
5. The polling station election commission is not a legal entity. The polling station election commission is a subject of the respective election process with the right to address, within the limits of its authorities, state executive bodies and bodies of local self-government, enterprises, establishments, institutions and organizations, their officials and officers. The polling station election commission shall have its own seal, the form of which shall be subject to approval by the Central Election Commission.
Article 23. Formation of the Central Election Commission and the Territorial Election Commissions
1. The Central Election Commission shall be formed according to the Constitution of Ukraine and the Law of Ukraine "On the Central Election Commission".
2. The Central Election Commission shall no later than eighty days prior to the day of the elections form the territorial election commission consisting of a chairperson, a deputy chair, a secretary and other members of the commission in a quantity of not less than ten persons.
3. The submission of candidacies for membership in territorial election commissions (no more than two persons to one election commission from one candidate) shall be filed to the Central Election Commission no later than eighty-five days prior to the day of elections, bearing a signature of the candidate to the post of the President of Ukraine certified according to the procedure established by law. The submission shall contain data confirming that the proposed persons have experience in the work of election commissions, relevant education or preparation. Applications of the persons proposed as members to the respective territorial commission containing their consent to participate in its work shall be attached to the submission.
4. All representatives proposed by the candidates to the post of the President of Ukraine are shall be included into the territorial election commission.
5. If submissions of candidacies for membership in the territorial election commission have not been filed within the term specified in part three of this article, or the number of persons proposed to be included in the membership of the election commission are less than ten, then the territorial election commission shall be formed by the Central Election Commission upon a submission by its chairperson, in the quantity of ten persons taking into account in a mandatory manner the candidacies submitted by candidates to the post of President of Ukraine according to part three of this article.
6. Citizens of Ukraine who are eligible to vote and who permanently reside within the territory of the respective territorial district or city, in which territory such district is located, may be included into the membership of the territorial election commission. One person may only be a member of one election commission at the same time.
7. Candidates to the post of the President of Ukraine, their authorized representatives, proxies, officials and officers of the state executive bodies and bodies of local self-government, as well as citizens who are kept in institutions under the penitentiary system or who have been convicted of a premeditated crime and such conviction has not been cancelled or lifted according to the procedure established by law, cannot be members of the territorial election commission. In case the elections of the President of Ukraine are held simultaneously with other elections, candidates who are nominated in those elections, their proxies, authorized representatives from parties (blocs) - subjects of the respective election processes cannot be included into the membership of the territorial election commission.
8. Each candidate to the post of the President of Ukraine is entitled to a proportional share of the positions of chairperson, deputy chair and secretary in the territorial election commission. Each candidate's shares of such positions shall be determined according to the number of persons proposed by him and included into the membership of territorial election commissions, taking into account the total number of persons included into the membership of the territorial election commission.
9. The chairperson, deputy chair and secretary of the territorial election commission may not be representatives of one and the same candidate for the post of the President of Ukraine.
10. The secretary of the territorial election commission must have a command of the state language.
11. Decisions on formation of the territorial election commission and its membership, along with decisions on changes in its composition made according to the requirements of this Law must be published in the mass media in the respective region no later than on the third day from the day they are taken.
Article 24. Formation of Polling Station Election Commissions
1. A polling station election commission shall be formed by the respective territorial election commission no later than thirty-five days prior to the day of elections, consisting of a chairperson, a deputy chair, a secretary and other commission members.
2. The number of members of a polling station election commission shall be no less than twelve persons. In election precincts At polling stations where the number of voters does not exceed fifty persons, a polling station election commission may be formed consisting of a chairman chairperson, a deputy chairman chair and two to four members of the commission.
3. The proposal of candidacies (no more than two persons to one election commission from one candidate) for membership in election commissions of ordinary election precincts, as well as of special election precincts formed in stationary medical institutions, and institutions under the penitentiary system, shall be submitted to the respective territorial election commission no later than forty-five days prior to the day of election, bearing the signature of a proxy of the candidate to the post of the President of Ukraine certified by the chairperson of the respective territorial election commission, or according to another procedure established by law.
4. A polling station election commission at a special election precinct formed on board a vessel at sea under the State Flag of Ukraine on the day of elections, or at a polar station of Ukraine, shall be formed by the territorial election commission according to the place of registration of the vessel or polar station based on a submission by the captain of such vessel or , the head of the station, which may be transmitted by technical communication means within the term envisaged by part three of this article.
5. Polling station election commissions at an election precinct abroad shall be formed by the Central Election Commission based on proposals of candidates to the post of President of Ukraine (no more than three persons per precinct from one and the same candidate), provided they are available, and upon submissions by the Ministry of Foreign Affairs of Ukraine.
6. If a special election precinct is formed on the exceptional basis pursuant according to part ten of Article 20 of this Law, the polling station election commission shall be formed by the Central Election Commission concurrently with the formation of the election precinct based on a submission from the territorial election commission. The territorial election commission shall notify the proxies the proxies of all registered candidates to for the post of the President of Ukraine in the respective territorial district about the preparation of the submission to the Central Election Commission concerning the formation of a special election precinct and shall suggest s them to file, within the terms established by the territorial election commission, their submissions regarding candidacies to the membership of the polling station election commission according to in accordance with the order set forth procedure established in by this article.
7. The submission of candidacies to the membership of polling station election commissions shall contain data confirming that the proposed persons have experience in the work of election s commissions, relevant education or preparation. Applications of the persons proposed as members to the respective territorial commission containing their consent to participate in its work shall be attached to the submission.
8. All representatives proposed by the candidates to the post of the President of Ukraine shall be included into the membership of the polling station election commission.
9. If no submissions concerning the membership of the polling station election commission were filed within the term established in part three of this article, or if the number of persons proposed to be included into the membership of the polling station election commission is less than twelve, the polling station election commission shall be formed by the territorial election commission upon a submission from its chairperson in the quantity of twelve persons taking into account in a mandatory manner all the candidacies submitted by the candidates to the post of President of Ukraine according to part three of this article.
10. Voters permanently residing within the territory of the respective territorial district or in the city, on which territory such district is located, may be included into the membership of the polling station election commission. A voter may only be a member of one election commission at the same time.
11. The candidates to the post of the President of Ukraine, their authorized representatives, proxies, officials and officers of state executive bodies and bodies of local self- government, as well as citizens who are kept in institutions under the penitentiary system or have been convicted of a premeditated crime and such conviction has not been cancelled or removed according to the procedure established by law, cannot be members of polling station election commissions.
In case the elections of the President of Ukraine are held simultaneously with other elections, candidates who are nominated in those elections, their proxies and , authorized representatives from parties (blocs) - subjects of the respective election processes cannot be included into the membership of the polling station election commission.
12. Each candidate to the post of President of Ukraine shall be entitled to a proportional share of the positions of chairperson, deputy chair and secretary in the polling station election commission. Each candidate's shares of such positions shall be determined according to the number of persons proposed by him and included into the membership of polling station election commissions, taking into account the total number of persons included into the membership of the poling station election commission.
13. The chairperson, deputy chair, and secretary of the polling station election commission may not be representatives of one and the same candidate to for the post of President of Ukraine.
14. The secretary of the polling station election commission must have a command of the state language.
15. Decisions on the formation of a polling station election commission and its membership, along with decisions on changes in its composition made according to the requirements of this Law must be published in the mass media in the respective region no later than on the third day from the day they are taken.
Article 25. Authorities of the Central Election Commission
1. The authorities of the Central Election Commission in regard to the organization, preparation and conduct of the elections of the President of Ukraine shall be determined by the Law of Ukraine "On the Central Election Commission", this and other laws of Ukraine.
2. In addition to the authorities provided for by the Law of Ukraine "On the Central Election Commission", the Central Election Commission shall:
1) adopt clarifications, which the election commissions are obliged to execute, about the application of the provisions of the law, and ensure support to their organizational and methodological functions;
2) in case of necessity, call sessions of a lower - level election commission at its own initiative;
3) control the use of funds from the State Budget of Ukraine by the election commissions by engaging employees of relevant state bodies in performing inspections;
4) establish the standards and the list of necessary equipment and inventory, the requirements for such equipment and the procedure for its storage, the requirements with respect to the voting premises, as well as the list of services which are provided to election commissions;
5) terminate the flow of funds to the accounts of election commissions in the banking institutions after the termination of the authorities of election commissions, or, in case they violate the budget and financial discipline, take the decision to transfer the remaining funds to the Central Election Commission's account for further use for the needs of the election campaign;
6) register candidates to the post of President of Ukraine, as well as their proxies;
7) ensure the production and broadcasting on national TV and Radio of information programs giving clarifications to voters about the principles and procedure of conducting elections, their role in the life of the society and the state, the voting procedures, the rights and obligations of voters, and the mechanisms for control over compliance with the legislation regarding the elections of the President of Ukraine;
8) resolve, according to this and other laws of Ukraine, issues related to the use of mass media in the pre-election campaign;
9) ensure the production of pre-election posters of candidates to the post of President of Ukraine;
10) exercise control over the receipt and use of the candidates' personal election funds; engage the State Tax Administration of Ukraine as well as banking institutions in which the respective accounts are opened, in conducting respective audits;
11) ensure the centralized production of ballots of the established form, as well as absentee voting certificates, forms of the protocol of the election commissions on the count of votes and on the determination of the results of the vote and other election documentation forms;
12) submit a report to the State Chancellery on the expenditure of funds allocated from the State Budget of Ukraine for the preparation and conduct of the elections of the President of Ukraine, within three months from the day of the official publication of the results of the elections; and
13) perform other authorities according to this and other laws of Ukraine.
Article 26. Authorities of the Territorial Election Commission
1. The territorial election commission, in regard to organizing the preparation and conduct of the elections of the President of Ukraine shall:
1) exert control over compliance with the legislation regarding the elections of the President of Ukraine;
2) form election precincts, establish a uniform enumeration of election precincts, determine the boundaries of each election precinct;
3) form polling station election commissions;
4) direct the activity of polling station election commissions;
5) in case of necessity, call sessions of the polling station election commission at its own initiative;
6) provide legal, administrative-methodological and technical assistance to polling station election commissions, and organize trainings for their members on issues related to the organization of the election process;
7) in accordance with the procedure established by the Central Election Commission, resolve matters concerning the allocation and use of funds by the polling station election commissions, control that the polling station election commissions are provided with premises, transportation and means of communication; within its competence consider and resolve other matters of providing material and technical assistance for the conduct of the elections;
8) control the compilation of the lists of voters and their display for public review; deliver the lists of voters to polling station election commissions;
9) together with respective bodies of the state executive power and bodies of local self-government, assist in organizing meetings of candidates with voters;
10) ensure the polling station election commissions are issued ballot papers and absentee voting certificates of the established form, and ensure the production and supply of forms of other documentation according to this Law;
11) determine the results of the vote for the territorial election district, prepare the protocol on the results of the vote and send it to the Central Election Commission;
12) declare the vote in the election precinct invalid in cases envisaged by this Law;
13) ensure the holding of repeat voting according to the decision of the Central Election Commission to hold repeat voting of the elections of the President of Ukraine, as well as the holding of repeat elections according to this Law;
14) register official observers from candidates to the post of the President of Ukraine and from parties (blocs) in the respective territorial district;
15) ensure the production of seals and stamps and issue them to the polling station election commissions;
16) within the limits of its authorities, consider appeals, statements and complaints regarding the preparation and conduct of the elections within the territory of the respective election district, as well as appeals, statements and complaints against actions or inactivity of polling station election commissions, and take decisions on them;
17) hear reports of polling station election commissions, local state executive bodies and bodies of local self-government on issues related to the preparation and conduct of the elections of the President of Ukraine;
18) ensure the submission of election and other documentation for storage to the appropriate state archival institution, in , accordance with the procedure established by the Central Election Commission;
19) perform other authorities according to this and other laws of Ukraine.
2. The authorities of territorial election commission’s s hall enter into force on the day following the day the decision on their formation is adopted and shall terminate fifteen days after the Central Election Commission officially publishes the results of the elections of the President of Ukraine.
Article 27. Authorities of the Polling Station Election Commission
1. For the purposes of organizing the preparation and holding of elections of the President of Ukraine, the polling station election commission shall:
1) exert control over compliance with, and equal application of, the legislation regarding the elections of the President of Ukraine;
2) receive the voter list from the territorial election commission, compile the voter list in the cases envisaged by this Law, verify its accuracy, display it for public review and, in cases envisaged by this Law, introduce changes to it;
3) ensure that voters are given opportunities to familiarize themselves with information about all candidates, with their pre-election programs, as well as with decisions adopted by the Central Election Commission, by the respective territorial election commission, and with its own decisions and announcements;
4) in advance, distribute or send personal invitations to voters indicating the date of elections, the address of the voting premises, the voting hours, and the number of the voter on the list of voters in the election precinct;
5) ensure the preparation of the voting premises and the preparation of ballot boxes;
6) upon a decision of the Central Election Commission , in cases envisaged by this Law , introduce changes into the election ballot;
7) organize the vote in the election precinct;
8) conduct the count of votes cast in the election precinct, compile the protocol on the results of the vote and submit it to the appropriate territorial election commission;
9) declare the voting in the election precinct invalid in the cases envisaged by article 80 of this Law;
10) consider appeals, statements and complaints regarding the introduction of changes to the voter list, the organization and conduct of the vote and count of the votes in the election precinct, and within the limits of its authorities take decisions on them; and
11) perform other authorities according to this and other laws of Ukraine;
2. The authorities of polling station election commissions shall enter into force on the day following the day the decision on their formation is adopted and shall terminate fifteen days after the Central Election Commission officially publishes the results of the elections of the President of Ukraine.
Article 28. Organization of the Work of Election Commissions
1. The main form of work of the election commission shall be the session, which is called by the chairperson of the commission, in case of his/her absence, by the deputy chair, and in case both the chair and deputy are absent, by the secretary of the commission. The session can also be called on the request of one-third of its membership.
2. If necessary, the session of the election commission may be called by the decision of a higher - level election commission.
3. The first session of the election commission is shall be called no later than on the third working day after the day the commission was formed, and the following sessions - when necessary. In case the election commission is formed concurrently with the formation of the election precinct according to part ten of article 20 of this Law, the first session of the commission shall be called no later than on the following working day after the day of its formation.
4. The session of the election commission shall have legal authority provided that no less than two-thirds of its membership participates in it.
5. The session of the election commission shall be called with the mandatory notification of all its members about the time, place and agenda of the session.
6. As a rule, the members of the election commission shall be provided with drafts of the decisions of the commission and with necessary materials no later than one day prior to the day of holding the session of the commission.
7. The session of the election commission shall be conducted by its chairperson or his/her deputy; in case he/she fails to carry out this function, the commission at its session shall appoint from its membership a presiding officer.
8. Upon a request from three of its members, as well as upon a decision of a higher - level election commission, the election commission shall be obliged at its session to consider issues, within the limits of its authorities, within a three - days term, but no later than on the day of elections, and if on the day of elections, except for a polling station election commission, - immediately. The polling station election commission shall be obliged at its session to consider the appeals it has received on the day of elections or on the day of the repeat voting immediately after the end of the voting.
9. Members of higher - level election commissions, candidates to the post of President of Ukraine, their proxies, official observers from the candidates for the post of the President of Ukraine and, parties (blocs) - subjects of the election process (altogether not more than two persons from one candidate to the post of President, and the party (bloc) that nominated him/her), as well as official observers from foreign countries and international organizations, representatives of mass media (not more than two persons from one mass media entity) shall have the right to attend sessions of the election commission, including during the count of votes and the determination of the results of the vote, as well as to be present in the election precinct on the day of elections or on the day of repeat voting, in the premises where the voting is held, without obtaining a special consent or invitation from a respective commission.
10. Other persons, except for those specified in part nine of this article may only be present at the session of a commission with the consent or on the invitation of this commission which has to be adopted as a decision on a session of the commission. Presence in the polling station during the vote of other than the persons envisaged by part nine of this article shall be prohibited.
11. The election commission may adopt a motivated decision to deprive the persons mentioned in part nine of this article of the right to attend its session if they unlawfully hinder its conduct. Such a decision shall be made by two-thirds of its membership.
12. At its session, the election commission shall keep s minutes, which shall be signed by the chairperson and secretary of the commission (or by a person appointed at the session performing the duties of the secretary). The minutes of the session of the election commission shall be provided to members of the commission for their review no later than on the day following the day of the session.
13. A decision of a commission shall be adopted through open vote by a majority vote of the total commission membership, except for cases envisaged by this Law.
14. The decision of the election commission on a considered issue shall have the form of a written resolution which must contain the name of the commission; the title of the resolution; the date and place of its adoption and a sequence number; a motivation part including references to the circumstances that caused the issue to be considered at the session of the commission; references to specific provisions of normative and legislative acts or a resolution of a higher - level election commission, or court decisions, which the commission followed in the course of adopting the resolution; a decision part. The resolution shall be signed by the person presiding over the session and by the secretary of the commission (of the session). The commission may take protocol decisions on issues related to its everyday activity.
15. An election commission member, who participates in its session but nevertheless disagrees with the decision adopted by it, may express a dissenting opinion in written form, which shall be attached to the respective minutes of the session of the election commission.
16. No later than on the morning on the day following the day of a session, resolutions adopted by the election commission shall be posted on the stand for official materials of the commission which must be located in the premises of the commission, at a place that is freely accessible to all visitors, and shall also be brought to the knowledge of all persons concerned.
17. Decisions of the election commission adopted within the limits of its authorities shall have binding force. No one has the right to interfere with the activities of election commissions, except in cases envisaged by law.
18. A decision of an election commission that contradicts the legislation of Ukraine or has been adopted through abuse of its authorities may be cancelled by a n election commission of a higher level, or by a court. In such a case the election commission of a higher level has the right to take a decision on the merits of the issue.
19. Members of the territorial and polling station election commission shall have the right to accept documents, statements and complaints received by the respective commission. All documents, statements and complaints are subject to registration in territorial and polling station election commissions in accordance with the procedure established by the Central Election Commission.
20. In order to resolve organizational, legal, and technical issues connected with the execution of its authorities envisaged by this Law, an election commission may involve appropriate specialists or technical workers.
21. State executive bodies and bodies of local self-government, their officials and officers, as well as state-run enterprises, institutions and organizations shall be obliged to create the appropriate conditions necessary for election commissions to duly exercise their authorities.
Article 29. Legal Status of Members of Election Commissions
1. The legal status of members of the Central Election Commission shall be determined by the Law of Ukraine "On the Central Election Commission" and this Law.
2. The legal status of a member of a territorial or polling station election commission shall be determined by this Law.
3. A voter may be a member of only one election commission that is engaged in preparing and holding the elections of the President of Ukraine, as well as the elections of people's deputies of Ukraine, elections of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils and village, settlement and city mayors, in case such elections are held concurrently with the elections of the President of Ukraine.
4. Pursuant to the decision of the election commission approved by an election commission of a higher level, the chairperson, deputy chair, secretary or other members of a territorial election commission (in total not more than four persons), and a polling station election commission (in total not more than three persons) may perform their authorities in the election commission and receive payment for their work during the entire term of the authority of the election commission or during a part of the term, in accordance with article 40 of this Law. The aforementioned persons shall be released from fulfilling their work or service duties at their main place of work with preservation of their respective tenure.
5. The member of the election commission shall have the right:
1) to participate in the preparation of issues to be considered by the election commission;
2) to speak at the sessions of the election commission, place questions to other participants of the session regarding the agenda, and introduce proposals in relation to issues that are within the competence of the commission;
3) on behalf of the respective election commission, to check the activities of election commissions of a lower level;
4) to have unimpeded access to the documents of the election commission in which he/she is a member, and also to the documents of lower-level election commissions in the respective territory; and
5) to indemnification for any losses caused to his/her life, health or property in connection with the performance of the duties as a member of an election commission, according to the procedure and to the extent and in an amount established by legislation.
6. The member of the election commission shall be obliged:
1) to comply with the Constitution of Ukraine and , this and other laws of Ukraine in relation to the preparation and conduct of elections;
2) to participate in the sessions of the election commission; and
3) to carry out the decisions of the election commission and to perform the duties laid upon him/her according to their distribution in the commission.
7. The member of the election commission shall have other rights and duties according to this and other laws of Ukraine.
8. While performing his/her duties, a member of an election commission shall be prohibited from campaigning for or against any candidate to the post of the President of Ukraine, as well as from public evaluation of the activities of any candidate to the post of President of Ukraine and any party (bloc) - subject of the election process.
Article 30. Termination of the Authorities of the Election Commission and its Members
1. The authorities of a member of the Central Election Commission may be terminated according to the procedure established by the Constitution of Ukraine and the Law of Ukraine "On the Central Election Commission".
2. The authorities of territorial or polling station election commissions may be terminated before term by the election commission that formed such commission, either at its own initiative or on the basis of a court decision in case the commission has violated the Constitution of Ukraine, this and other laws of Ukraine.
3. The authorities of a member of a territorial or polling station election commission shall be terminated concurrently with the termination of the authorities of the respective election commission.
4. The authorities of a member of a territorial or polling station election commission shall be terminated before term by the election commission that formed such commission, in connection with:
1) a personal application of resignation from the commission member;
2) his/her withdrawal by the respective candidate to the post of President of Ukraine;
3) termination of his/her Ukrainian citizenship;
4) departure outside the territorial election district or the settlement for a period until the election day, which makes it impossible to perform his/her duties as member of the commission;
5) systematic failure to perform the duties laid on him/her, which must be acknowledged by no less than two decisions in this respect of the election commission of which such person is a member;
6) his/her registration as a candidate to the post of President of Ukraine, as a candidate for people's deputy of Ukraine, as a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, as a candidate for deputy of a local council, or as a candidate to the post of village, settlement or city mayor, provided such elections are held concurrently with the elections of the President of Ukraine;
7) his/her registration as a representative of a candidate to the post of President of Ukraine to the Central Election Commission, as a proxy of a candidate to the post of President of Ukraine, or as a proxy of a candidate for people's deputy of Ukraine or of a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, or of a candidate for deputy of a local council, or of a candidate to the post of village, settlement, or city mayors, provided such elections are held concurrently with the elections of the President of Ukraine;
8) his/her major or systematic violations of the legislation of Ukraine on elections, or a court decision or a decision of a higher-level election commission;
9) the coming into legal force of a court indictment against him/her for committing a premeditated crime;
10) his/her inclusion in another election commission of any level that prepares and conduct s the elections of the President of Ukraine, as well as elections of people's deputies of Ukraine; elections of deputies to the Verkhovna Rada of the Autonomous Republic of Crimea; elections of deputies to local councils, elections of village, settlement and city mayors, provided such elections are held concur rently with the elections of the President of Ukraine;
11) declaring him/her incapable or missing without trace;
12) his/her death or declaring him/her dead.
5. If the circumstances envisaged by clauses 1, 3, 6, 7, 9 to 12 of part four of this article occur, the authorities of the commission member (commission members) shall be terminated from the moment such circumstances occur or are revealed, and if those circumstances envisaged by clauses 2, 4, 5 and 8 of part four of this article occur - from the moment the decision on termination of the authorities of the commission member is adopted.
6. The election commission that terminated the authorities of an election commission or a member of the election commission before term, or which has revealed reasons for their authorities to be terminated, shall inform the respective proxy of the candidate to the post of President of Ukraine about this no later than the next day.
7. In case the authorities of an election commission are terminated before term, the respective election commission of a higher level no later than on the seventh day from the day of termination of the authorities of the commission, but not later than one day prior to the day of elections, shall approve a new composition of the commission in accordance with the procedure established by this Law.
8. In case the authorities of a member of an election commission are terminated before term, the respective election commission of a higher level, no later than on the seventh day from the day of termination of his/her authorities, but not later than one day prior to the day of elections, shall include another person into its membership to replace the one whose authorities have been terminated, in accordance with the procedure established by this Law. The subject of the election process, who proposed to include the person whose authorities have been terminated before term, into the membership of the commission has the first right to propose a candidacy for membership of the commission instead of the one, which was terminated. Such a proposal, if executed according to the requirements of this Law, may not be refused.
9. In the case the chairperson, the deputy chair, or the secretary of the election commission systematically fails to carry out his/her duties, the territorial or polling station election commission may apply to the election commission which formed it with a motivated decision requesting his/her (their) replacement, if no less than two - thirds of the members of the commission voted in support of such decision. This decision shall be subject to mandatory consideration within the terms specified in part seven of this article. Such decision shall not have the effect of terminating the authorities of the aforementioned persons as members of the respective election commission.
Chapter V
THE LISTS OF VOTERS
Article 31. Procedure for Compiling the General Lists of Voters
1. In order to prepare and conduct the vote, executive bodies of village, settlement and city councils (for cities having no district councils), district councils within cities or bodies (officials) who according to law execute powers on their behalf, as well as consular departments or other official representations of Ukraine abroad, before July 1 st of the year ordinary elections of the President of Ukraine are held, shall compile the general list of voters who permanently live on the territory of the respective village, settlement, city and district in city, using the information kept by local bodies of the Ministry of Interior, the Ministry of Justice, the State Tax Administration about the permanent place of residence of citizens, pursuant to the form established by the Central Election Commission. Heads of structural subdivisions of these bodies shall be obliged to submit the information necessary for compiling the general list of voters at the request of the respective village, settlement or city head, or head of the district within a city.
2. The general list of voters shall include citizens of Ukraine who currently are or, on the day of elections will be eighteen years of age and are eligible to vote, and permanently reside in the respective territory as of the day the list of voters is prepared.
3. After the formation of election precincts, the executive bodies of village, settlement and city councils (for cities having no district councils) or district councils within cities or bodies (officials) who according to law execute powers on their behalf on the basis of the respective general lists of voters shall prepare the lists of voters for each ordinary election precinct pursuant to the form established by the Central Election Commission.
4. A voter may be included in the list of voters in one election precinct only.
Article 32. Procedure for Compiling Lists of Voters for the Conduct of the Vote for Ordinary Election Precincts
1. Bodies specified under part three of article 31 of this Law shall no later than thirty-five days prior to the day of elections submit, the lists of voters for ordinary election precincts, executed in two copies, to the respective territorial election commission, signed by the head of the respective village, settlement or city council or head of the district council within a city, or by a person who according to law executes powers on their behalf. The aforementioned official shall be responsible for the timely submission of the lists of voters to the territorial election commissions, as well as for their authenticity. The signature of the aforementioned official shall be certified with the seal of the respective body.
2. Military servicemen, members of their families and other voters, who reside within dislocations of military units (formations) and who will vote in ordinary election precincts located outside the dislocations of the military units (formations), shall be included in the lists of voters of respective election precinct on the basis of information submitted by the commanders of military units (formations) to the bodies compiling the lists of voters according to part three of article 31 of this Law, no later than forty days prior to the day of elections. The mentioned information shall be submitted in one copy signed by the commander of the military unit (formation) and shall be certified with the seal of the military unit (formation). The commander of the military unit (formation) shall ensure the timely submission of the mentioned information to the respective bodies, as well as their authenticity.
3. The list of voters shall contain the first name, name and patronymic, year of birth (for persons who currently are or on the day of elections will be eighteen years of age - also date and month of birth), and the address of the voter's place of residence. If information on the date and month of birth is missing for any citizen, he/she shall be considered born on January 1 of the respective year. The list of voters shall contain respective space for the signatures of the voters confirming the receipt of the election ballot on the day of elections, and for the signatures of the member of polling station election commission who issued the election ballot. Voters shall be included in the list of voters in a way that facilitates a swift conduct of the vote.
4. If the territorial election commission has not received the list of voters for the ordinary election precinct within the term envisaged by part one of this article, it shall appeal to the local court on the inactivity of the head of the respective village, settlement or city council, or head of the district council within a city, or of the person who according to law executes powers on their behalf, in accordance with the procedure envisaged by this Law.
5. The territorial election commission shall no later than thirty-one days prior to the day of elections deliver the lists of voters (in one copy) to the respective polling station election commission of ordinary election precinct. The territorial election commission shall keep the second copy. At least three members of the polling station election commission, one of which shall be the chairperson of the commission or, if impossible, the deputy chair or the secretary of the commission, shall receive the list of voters on behalf of the commission. The fact of delivery of the lists of voters to the polling station election commission shall be formalized by an act completed pursuant to the form established by the Central Election Commission.
Article 33. Absentee Voting Certificates
1. A voter who leaves the populated area, where he/she has been included in the lists of voters in an ordinary election precinct, later than thirty days prior to the day of elections inclusive, or after the day of elections prior to the day of the repeat voting, inclusive, may apply to the polling station election commission either in person or, in the case specified in part eight of article 35 of this Law, via another person, for his/her removal from the list of voters. On the basis of such application and one of the documents envisaged by part two of article 2 of this Law, the polling station election commission shall issue an absentee voting certificate to the voter or, in the case specified in part eight of article 35 of this Law, to the person indicated in the voter's application. Simultaneously, the date of issuance and number of the absentee voting certificate shall be recorded in the respective list of voters, as well as the signatures of the voter, or person who received the absentee voting certificate and of the member of the polling station election commission who issued it. An absentee voting certificate may not be issued on the day of elections or on the day of repeat voting. In the event a voter looses the absentee voting certificate, it shall not be reissued.
2. Absentee voting certificates issued for the day of elections or for the day of repeat voting shall be of different forms. The Central Election Commission shall establish the forms of the absentee voting certificates no later than sixty days prior to the day of elections. Absentee voting certificates of both types shall for each type have a uniform enumeration on the whole territory of Ukraine, and is a document subject to strict reporting.
3. The form of the absentee voting certificate shall envisage space for the surname and signature of the member of the polling station election commission who issued the certificate, the seal of the polling station election commission, as well as the signature of the voter to whom the absentee voting certificate was issued. The absentee voting certificate shall not be valid without the signature of the voter.
4. The procedure for producing absentee voting certificates, for the receipt of absentee voting certificates by the Central Election Commission from the manufacturing enterprise, and for the transfer of absentee voting certificates to territorial election commissions shall be established by the Central Election Commission.
5. The territorial election commission shall transfer absentee voting certificate forms to the polling station election commissions of ordinary election precincts, together with the lists of voters, in an amount not exceeding four percent of the approximate number of voters in the respective election precinct, in accordance with the procedure specified in part five of article 32 of this Law. The fact of delivery of absentee voting certificate forms to the polling station election commission shall be formalized by an act completed pursuant to the form established by the Central Election Commission. Absentee voting certificates shall not be issued to polling station election commissions of special election precincts.
6. Absentee voting certificate forms shall be transferred to polling station election commissions of election precincts abroad created in diplomatic and other official representations and consular offices of Ukraine abroad, in a quantity not exceeding one per cent of the number of voters registered on the consular record. An absentee voting certificate issued in a polling station abroad shall be considered reason for inclusion in the list of voters in an ordinary election precinct only.
7. Absentee voting certificate forms that have not been transferred to polling station election commissions shall be kept by the territorial election commission. On the basis of a written motivated request from a polling station election commission of an ordinary election precinct, on the decision of the territorial election commission the requested additional number of absentee voting certificate forms shall be transferred to this polling station election commission according to the procedure established by this Law.
Article 34. Procedure for Updating the List of Voters and for Access of Voters to it
1. After having received the list of voters according to the procedure and terms envisaged by part five of article 32 of this Law, the election commission of an ordinary election precinct shall place the list for public familiarization at the premises of the polling station election commission.
2. Each citizen of Ukraine shall have the right to access the list of voters in the premises of the respective polling station election commission and check the correctness of the information included therein. Any citizen may complain to the polling station or territorial election commission, or directly to a local court with jurisdiction over the election precinct against any inaccuracies committed in the course of compiling the list of voters, including omissions, improper inclusion in the list of voters, or improper exclusion from the list of voters, and may do so for either himself/herself or other persons.
3. A citizen shall personally submit a complaint to the election commission. A complaint executed pursuant to the form specified under article 95 of this Law and submitted to the election commission shall be considered at a session of the commission, and, normally, in the presence of the complainant. A complaint submitted no later than one day before the day of elections shall be considered within a three-day term at the nearest session of the commission, but no later than on the day preceding the day of elections, and if submitted one day before the day of elections, or to the territorial election commission on the day of elections, shall be considered - immediately. Based on the results of the consideration of the statement, the polling station election commission shall take a decision on introducing changes to the list of voters or a motivated decision regarding the refusal of the complaint. A copy of the motivated decision passed by the election commission regarding the refusal of the complaint shall be given to the complainant no later than the next day after the day when the decision was passed, and if such decision was passed the day before the day of elections or on the day of elections - immediately.
4. Complaints regarding the circumstances envisaged by part two of this article submitted on the day of elections shall not be accepted or considered by the polling station election commission.
5. A citizen may submit a complaint to a local court regarding the circumstances envisaged by part two of this article in accordance with the procedure established by law. A complaint submitted to a court before the day of elections shall be considered within three days, but no later than the day preceding the day of elections, and a complaint submitted on the day of elections - immediately, but not later than the time the voting is completed.
6. The court shall take a decision regarding a complaint of a voter against the issues envisaged by part two of this article, based on a determination of the place of residence of the voter and observing the requirement to include the voter in the lists of voters in one election precinct only.
7. The polling station and territorial election commissions shall have the right on the request of a member of the commission, a candidate to the post of President of Ukraine or a proxy of the candidate, to apply to the respective state executive bodies and bodies of local self-government, and the heads of the respective institutions and establishments, with a request to gain access to examine documents containing the information on the place of residence of citizens or certifying their stay in the respective institution or establishment. The aforementioned bodies shall provide the mentioned documents or their authenticated copies no later than within three days after receiving such a request from the polling station election commission, but not later than one day prior to the day of elections.
8. Polling station or territorial election commissions shall take decisions regarding any amendments to the list of voters based on personal requests of citizens, proposals submitted by the bodies or officials specified under part one of article 31 and part two of article 32 of this Law, and documents envisaged by part seven of this article as well as notifications received from territorial election commissions regarding the inclusion of voters to the list of voters in another election precinct specified under parts six and thirteen of article 35 of this Law; and part twelve of this article. The territorial election commission shall give its decision to the polling station election commission no later than on the day following the day it was taken, and on the last day before the day of elections and on the day of elections - immediately. On the basis of such a decision, the chairperson, deputy chair or secretary of the election commission shall introduce amendments to the list of voters immediately after the end of the session of the commission, at which such decision was passed.
9. A voter who arrived to a populated area other than his/her place of residence before the day of elections or before the day of the repeat voting inclusive, and according to part one of article 33 was excluded from the list of voters in his/her home ordinary election precinct, shall be added by the chairperson, deputy chair or secretary of the polling station election commission of an ordinary election precinct to the list of voters without a decision passed by the commission, pursuant to his/her written application, one of the documents specified under part two of article 2 of this Law, and a respective absentee voting certificate which shall be attached to the list of voters. An absentee voting certificate cannot be reason for adding a voter to the list of voters in any special election precinct (except for the cases specified under article 35 of this Law), as well as at any ordinary election precinct polling station of the same population area where such absentee voting certificate was issued.
10. In case of a court decision regarding the introduction of amendments to the list of voters the chairperson, deputy chair or secretary of the election commission shall execute such decision and introduce the respective amendments into the list of voters immediately upon receipt of the court decision.
11. When a voter is included in the list of voters in the election precinct during the process of updating it, the information about him/her, envisaged in the form of the list of voters, shall be included at the end of the list of voters according to the documents that constituted the basis for including the voter in to the list of voters. During this, the number of the absentee voting certificate, the date and number of the resolution of the polling station or territorial election commission or the number of the court decision regarding the inclusion of the voter in the list of voters shall be recorded in the column next to the surname of the voter.
12. If, in the course of considering the matter of inclusion of a voter to the list of voters, reasons were revealed for the possible inclusion of this voter to the lists of voters at one or more election precincts, the polling station election commission shall, no later than the next day after passing the decision on the inclusion of the voter in the list of voters in the respective election precinct, notify the territorial election commission of the election district to which this precinct polling station is attributed, of the inclusion of this person in the list of voters, as well as of other possible places of his/her inclusion in lists of voters. The territorial election commission that has received such notice shall ensure immediate transfer of this notice to polling station election commissions where the said person may be included in list of voters.
13. Introduction of any amendments to the list of voters after the end of the vote shall be prohibited.
Article 35. Procedure for Compiling and Updating the List of Voters in Special and Foreign Election Precincts
1. The lists of voters in special (excluding precincts located in stationary medical institutions) and foreign election precincts shall be compiled in the form specified in part three of article 31 of this Law by the respective polling station election commissions on the basis of information submitted no later than twenty days before the day of elections by the head of the respective institution, establishment s or representations, or by the captain of the vessel or commander of the military unit (formation) , where such election precincts are formed.
2. The lists of voters in election precincts formed at diplomatic and other official representations and consular offices of Ukraine abroad, shall include the employees of such representations and institutions and members of their families, as well as other citizens of Ukrainian living or staying on the territory of the respective foreign country, on the basis of the data in the consular records as of the day of compilation of the list of voters.
3. Lists of voters at special election precincts formed in stationary medical institutions shall be prepared in the form specified in part three of article 31 of this Law by the respective polling station election commissions on the basis of the information submitted no later than 10 days before the day of elections or the day of repeat voting by the heads of the respective institutions. Voters who are to leave the medical institution before the day of elections or the day of repeat voting shall not be included in the list of voters in such precincts. The aforementioned information shall be submitted in one copy, signed by the head of the stationary medical institution and certified by the respective seal. The head of the institution shall ensure that the aforementioned information is submitted in a timely manner to the polling station election commission as well as ensure its authenticity.
4. The polling station election commission of a special or foreign election precinct shall display the list of voters on the day following the day the list of voters in the precinct was compiled for public review in the premises of the polling station election commission.
5. In case a voter arrived at a stationary medical institution later than ten days before the day of elections or the day of the repeat voting, but earlier than three days before said day, the polling station election commission shall introduce the respective changes to the list of voters on the basis of a submission provided by the head of the respective institution, whose signature shall be certified by the seal of the institution.
6. The polling station election commission of a special election precinct shall notify the territorial election commission of the election district to which the election precinct is attributed about the inclusion of each voter in the list of voters in the respective precinct, and about place where they are included in the lists of voters according to their place of residence. The territorial election commission that received the aforementioned notification shall ensure that it is immediately transferred to the polling station election commissions where such person is included in the list of voters.
7. A voter who resides in the same populated area where the medical institution of his/her current stay is located may apply to the election commission of the ordinary election precinct where he/she was included in the list of voters with statement about a wish to vote at the place of his/her temporary stay in accordance with the procedure, established in part one of article 77 of this Law. In such a case, he/she shall not be included in the list of voters in the special election precinct.
8. A voter who was hospitalized in a stationary medical institution located in another populated area, three days or less prior to the day of elections or the day of repeat voting, may apply to the election commission of the ordinary election precinct where he/she was included in the list of voters, for being issued an absentee voting certificate. The head of the medical institution shall certify the signature of the voter on the application. The application must specify the person authorized by the voter to receive the absentee voting certificate.
9. A member of a polling station election commission of a special election precinct who is included in the list of voters in an ordinary election precinct in another populated area shall have a right to vote in the election precinct where he/she is a member of the election commission, on the basis of an absentee voting certificate.
10. In case a special election precinct is formed on an exceptional basis according to part ten of article 20 of this Law, the lists of voters shall be prepared by the polling station election commission at the latest 4 days before the day of elections on the basis of information submitted by the head of the respective institution, establishment or representation, or by the captain of the vessel or commander of military unit (formation). The said information shall be submitted to the polling station election commission in one copy signed by the head of such institution, establishment or representation, or by the captain of the vessel or commander of the military unit (formation) and certified with the respective seal.
11. A voter who arrived in an election precinct abroad before the day of elections or the day of repeat voting inclusive, shall personally submit a written application to the respective polling station election commission regarding his/her inclusion in the list of voters in this election precinct, along with the respective absentee voting certificate and a passport of a citizen of Ukraine for travelling abroad, a diplomatic passport, a service passport, a seaman's identity card or a crew member 's identity card.
12. A voter who arrived in an election precinct abroad no later than seven days before the day of elections or the day of repeat voting without an absentee voting certificate, shall personally submit a written application to the respective polling station election commission for his/her inclusion in the list of voters in this election precinct, indicating his/her place of residence, as well as a passport of a citizen of Ukraine for travelling abroad, a diplomatic passport, a service passport, a seaman's identity card or a crew member identity card.
13. When including persons in the list of voters according to parts one to three, five, ten and twelve of this article, on the basis of the information submitted by the head of the respective institution, establishment , or representation, or by the captain of the vessel or commander of the military unit (formation), the polling station election commission of the special or foreign election precinct, shall notify the territorial election commission of the election district to which such election precinct is attributed, no later than the next day after the completion of the lists of voters in the respective election precinct or after the inclusion of a voter in the list of voters, about the inclusion in the list of voters of the aforementioned persons and about their place of residence.
14. The territorial election commission that received a notification specified in part thirteen of this article shall ensure that this notification is immediately transferred to the polling station election commission of the home election precinct of the voter who was included in the list of voters not based on his/her place of residence. On the basis of this notification the polling station election commission shall immediately take a decision regarding the exclusion of the voter from the list of voters in this election precinct.
Article 36. List of Voters for Repeat Voting
1. In order to conduct repeat voting, no later than on the eleventh day after the day of elections, a new copy of the list of voters of the established form shall be prepared, taking into account the corrections introduced in it in accordance with the procedure established by this Law.
2. The list of voters for repeat voting in an ordinary election precinct shall be prepared based on the list of voters prepared for voting on the day of elections. For that purpose, at the first session of the territorial election commission held after the repeat vote has been called, the packages containing the lists of voters used on the day of elections shall be opened, and this fact shall be acknowledged by completing an act in the form established by the Central Election Commission. Such an act shall be signed by all the members of the election commission present at the session, as well as by the candidates, their proxies and official observers from subjects of the election process, and representatives of mass media, who are present. After the preparation of new copies of the lists of voters, the list s of voters, which were used for voting on the day of elections, shall be packaged at a session of the polling station election commission following the procedure envisaged by part twelve of article 78 of this Law. The prepared election lists shall be transferred to the polling station election com missions in accordance with the procedure established by this Law.
3. Persons, who will reach 18 years of age prior to the day of elections inclusive and reside on the territory of an ordinary election precinct shall be additionally included in the list of voters for repeat voting in the respective election precinct.
4. Persons included in the list of voters on the basis of absentee voting certificates entitling them to vote on the day of elections shall not be included in the list of voters for repeat voting.
5. The polling station election commission shall receive the list of voters for the repeat voting from the territorial election commission and shall display the list of voters for general review no later than seven days before the day of the repeat voting. Amendments to the list of voters shall be made according to the procedure established by articles 34 and 35 of this Law.
Chapter VI
FINANCIAL, MATERIAL AND TECHNICAL SUPPORT FOR THE PREPARATION AND CONDUCT OF THE ELECTIONS OF THE PRESIDENT OF UKRAINE
Article 37. Financing the Elections of the President of Ukraine
1. Expenses for the preparation and conduct of the elections of the President of Ukraine shall be covered exclusively at the expense of funds from the State Budget of Ukraine and from the campaign funds of the candidates to the post of President of Ukraine.
2. For financing his/her pre-election campaign, a candidate to the post of President of Ukraine, who has been registered by the Central Election Commission, shall create his/her own campaign fund, which shall be formed according to the procedure established by this Law.
Article 38. Financial Support for the Preparation and Conduct of the Elections of the President of Ukraine at the Expense of Funds from the State Budget of Ukraine
1. The Central Election Commission shall provide financial support for the preparation and conduct of the elections of the President of Ukraine at the expense of funds from the State Budget of Ukraine and shall be the main administrator of those funds.
2. The amount of funds for the preparation and conduct of the elections of the President of Ukraine, on the proposal of the Central Election Commission, shall be envisaged by a separate line in the Law on the State Budget of Ukraine.
3. The Central Election Commission and the territorial election commissions shall allocate expenses for the preparation and conduct of the elections of the President of Ukraine, including those for printing information posters of the candidates to the post of President of Ukraine, for publishing pre-election programs of the candidates in mass media, and for buying broadcasting time on radio and television, according to budget schemes approved by the Central Election Commission, of expenditures, from the funds for the preparation and conduct of the elections envisaged in the State Budget of Ukraine.
4. Funds for the preparation and conduct of the elections of the President of Ukraine, envisaged in the State Budget of Ukraine, shall be transferred to the Central Election Commission within three days from the day of the beginning of the election process.
5. The Central Election Commission shall adopt standard rates of expenditures for the territorial election commission and standard rates of expenditures for the needs of polling station election commissions, which must include, in particular, expenses for the property rent (lease) of the premises of election commissions, costs for the utility of material and technical means and remuneration for the work of the members of election commissions.
6. The territorial election commission shall, within ten days after its formation and on the basis of the standard rates of expenditures, draft a general estimate of expenditures for the preparation and conduct of the elections, which shall include its own expenditures and expenditures for the needs of polling station election commissions. The Central Election Commission shall approve the general estimate of expenditures.
7. Financing of the election commissions shall be provided according to the procedure established by the Central Election Commission in cooperation with the Ministry of Finance of Ukraine.
8. The territorial election commission shall, no later than within seven days after the day of the official announcement of the results of the elections of the President of Ukraine, return the funds to the State Budget of Ukraine via the account of the Central Election Commission that has not been utilized for the preparation and conduct of the elections. The State Treasury of Ukraine shall within three days notify the Central Election Commission on the receipt of such funds.
9. The territorial election commission shall, within fifteen days after the day of the official announcement of the results of the elections, draft a financial report on the receipt and use of funds from the State Budget for the preparation and conduct of the election of the President of Ukraine and submit it to the Central Election Commission according to the procedure established by the Central Election Commission and using the form approved by the Central Election Commission together with the State Treasury of Ukraine.
10. The Central Election Commission and respective bodies of the State Control and Audit Service of Ukraine shall exercise control over the adequate and appropriate use of funds from the State Budget of Ukraine allocated for the preparation and conduct of the elections of the President of Ukraine according to the procedure established by the Central Election Commission in cooperation with the Ministry of Finance of Ukraine.
11. Compensation to creditors for debts left by territorial election commissions after the termination of their authorities, given that the financing of the elections of the President of Ukraine within the funds envisaged in the State Budget of Ukraine for the preparation and conduct of the elections is incomplete, shall be provided by the Cabinet of Ministers of Ukraine prior to the end of next financial year.
Article 39. Material and Technical Support for the Preparation and conduct of the Elections of the President of Ukraine
1. State executive bodies and bodies of local self-government, their officials and civil officers are obliged to assist the election commissions in carrying out their authorities: provide them with necessary premises, according to the norms established by this Law and the respective acts of the Central Election Commission adopted according to it; ensure their security, as well as the security of the election ballots and other election documents; according to the norms established by the Central Election Commission provide them with means of transportation, means of communication, facilities, inventory, and office equipment, which must be returned upon the termination of the authorities of the election commissions. The Cabinet of Ministers of Ukraine shall establish the procedure for remuneration of the aforementioned services and for compensation.
2. During the election process the election commissions shall purchase goods and pay for works and services for the purposes of the preparation and conduct of the elections of the President of Ukraine at the expense of funds from the State Budget of Ukraine according to the procedure established by the Cabinet of Ministers of Ukraine.
Article 40. Payment for Work Performed by Members of Election Commissions
1. Work performed by those members of election commissions who exercise their authorities in the election commission on a paid basis shall be paid in the amount and according to the procedure established by the Cabinet of Ministers of Ukraine upon submission of the Central Election Commission, at the expense of funds from the State Budget of Ukraine allocated for the preparation and conduct of the elections.
2. The amount of salary of members of the election commission who are relieved from performing their work or office duties at their main place of work cannot be lower than their average salary at the main place of work.
3. A one-time pecuniary bonus can be accrued and paid out to members of the election commissions within the limits of general savings on the work remuneration fund, envisaged by the expenditure estimate of the respective election commission for the preparation and conduct of the elections of the President of Ukraine, according to the procedure established by the Central Election Commission.
4. The remuneration of the work of election commission members (including pensioners and temporary unemployed persons) on the day of elections and on the days of determination of the voting results shall be carried out in the amount and according to the procedure established by the Cabinet of Ministers of Ukraine.
5. The work of persons specified in part twenty of article 28 of this Law shall be remunerated in the amount and according to the procedure established by the Cabinet of Ministers of Ukraine, at the expense of funds from of the State Budget of Ukraine allocated for the preparation and conduct of the elections.
Article 41. The Campaign Fund of the Candidate to the post of President of Ukraine
1. The campaign fund of a candidate to the post of President of Ukraine shall have an accumulation account, to which funds intended for financing the election campaign of the candidate to the post of President of Ukraine are transferred as well as running accounts, from which the financing of election campaign expenses are covered. Funds shall be transferred to the running election accounts exclusively from the accumulation account of the campaign fund of the candidate.
2. The candidate shall open one accumulation account of the campaign fund in a banking institution of Ukraine located in the city of Kyiv and shall open no more than one running account in a banking institution located within a territorial election district.
3. The accounts of the candidate's campaign fund shall be opened in banking institutions in the national currency.
4. The candidate shall open the accumulation account of his/her campaign fund no later than on the tenth day from the day the Central Election Commission has registered him/her. The copy of the decision of the Central Election Commission about the registration of the candidate to the post of President of Ukraine shall constitute the grounds for opening an accumulation account of the campaign fund of candidate. A statement issued by the banking institution confirming the opening of the accumulation account shall constitute the grounds for opening the running account of the campaign fund of the candidate.
5. The procedure for opening and closing the campaign fund accounts of a candidate shall be established by the National Bank of Ukraine in agreement with the Central Election Commission, no later than one hundred and ten days prior to the day of the elections.
6. Funds from the running campaign account shall be spent exclusively in a cashless manner.
7. The bank institution shall provide services related to the opening, closing and the maintenance of the campaign fund free of charge. The banking institution may neither charge nor pay interests for the use of funds placed on the campaign funds accounts.
8. The banking institution shall, no later than next working day from the day the candidate opens the fund account, notify the Central Election Commission about the opening of the account and its banking details.
9. The information about the opening of the accumulation account of the respective campaign fund and its banking details shall be published once in the newspapers "Holos Ukrainy" and "Uriadovy Courier" at the expense of funds from the State Budget of Ukraine allocated for the preparation and conduct of the elections. Further information about the banking details of the accumulation account shall be published in print press at the expense funds from the respective campaign fund.
10. The spending of funds from the running campaign fund accounts shall be discontinued at 15 hrs of the last day before the day of elections or the day of the repeat voting.
11. In case repeat voting is scheduled, the use of funds from the campaign funds of those candidates who are included in the election ballot for the repeat voting shall be resumed beginning from the day the decision to include them in the election ballot for repeat voting is made.
12. The banking institution shall close campaign fund accounts on the fifteenth day from the day of the official announcement of the results of elections or, for those candidates who were not included in the election ballot for repeat voting, from the day of the announcement of the decision to call the repeat voting.
13. Freezing funds allocated at the accounts of the campaign fund before the day of the elections or before the day of the repeat voting shall be prohibited.
Article 42. The administrators of the campaign funds
1. A candidate to the post of President of Ukraine shall, among his/her proxies, appoint no more than two administrators of the accumulation account of the campaign fund, who shall have the exclusive right to dispose of the funds that are credited to the accumulation account in compliance with the laws of Ukraine. The administrators of the accumulation account of the campaign fund are obliged to keep a record of the receipt of funds credited to the accumulation account, and of their distribution between the current accounts.
2. A candidate to the post of President of Ukraine shall appoint one administrator of the running campaign fund account in each respective territorial district, who will have the exclusive right to dispose of the funds from the respective current campaign fund account. The administrators of the running accounts shall ensure the compliance with the financial discipline and appropriate use of funds from the campaign fund, and keep the record of the use of funds from the respective running campaign fund account.
3. The banking institution in which the accumulation or running campaign fund account has been opened shall provide the administrator, on a weekly basis or subject to his/her request, with information about the amounts and sources of contributions that have been credited to the campaign fund accounts, about the flow of funds, and also about the balance on the account.
4. The administrator of the running campaign fund account shall, no later than on the seventh day after the day of the elections, submit a financial report about the use of funds from the respective running campaign fund account to the administrator of the accumulation account of the campaign fund.
5. The administrator of the funds of the accumulation campaign fund account shall, no later than on the fifteenth day after the day of the elections (in case the candidate is included in the election ballot for repeat voting - no later than on the fifteenth day after the day of the repeat voting), submit the financial report about the receipt and use of funds from the campaign fund to the Central Election Commission.
6. The Central Election Commission shall adopt the form of the financial report no later than eighty days prior to the day of elections.
Article 43. Procedure for Establishing the Campaign Fund and the Use of its Funds
1. The campaign fund of the candidate to the post of President of Ukraine shall be established out of his/her own private funds, the funds of the party (parties that are members of the election bloc) that nominated the candidate, as well as voluntary contributions from physical persons.
2. The candidate's campaign fund shall be no greater than fifty thousand times the minimum wage. For those candidates included on the ballot for repeat voting, the upper limit of the campaign fund shall be increased by fifteen thousand times the minimum wage.
3. A voluntary contribution from a physical person to the campaign fund of one candidate may not exceed twenty-five thousand times the minimum wage.
4. The following persons shall be prohibited from making voluntary contributions to the campaign fund:
1) foreign citizens and persons without citizenship;
2) anonymous contributors (who do not indicate the information envisaged by part five of this article in the payment document).
5. A voluntary contribution from a physical person to the campaign fund shall be accepted by a banking institution or post office, provided that the person submits one of the documents specified in part two of article 2 of this Law. The surname, name and patronymic, the date of birth, and the address of the permanent residence of the person must at the same time be stated in the payment document.
6. The banking institution or post office shall transfer the voluntary contribution to the accumulation account of the campaign fund no later than next working day after the day it received the respective payment document. The overall term for the cashless transfer of a contribution to the campaign fund account may not exceed two banking days.
7. The administrator of the accumulation account of the campaign fund may refuse a contribution from a physical person, whereas he/she files the respective request and payment document to the banking institution in which the campaign fund account was opened. Such contribution shall be returned to the person at the expense of the voluntary contribution, and, if such return is impossible, shall be credited to the State Budget of Ukraine.
8. In the event a voluntary contribution from a physical person is received which exceeds the limited amount established by part three of this article, the surplus of the established amount of the contribution, on the basis of the respective request and payment document filed by the administrator of the accumulation account of the campaign fund, shall be returned to the individual by the banking institution in which the account of the campaign fund was opened at the expense of these funds and, if such return is impossible, shall be credited to the State Budget of Ukraine.
9. The administrator of the accumulation account of the campaign fund shall refuse the contribution of a physical person who, according to this Law, is not entitled to make such contribution, should the administrator be aware of such fact. On the basis of the request by the administrator of the accumulation account to refuse the contribution due to such reason, the banking institution, in which the campaign fund account was opened, shall credit this contribution to the State Budget of Ukraine. If the campaign fund administrator becomes aware of the fact that the physical person who made the contribution had no right to do so, he/she is obliged, within 3 days from the day he/she became aware of this, to refuse to accept such contribution by transferring the respective funds to the State Budget of Ukraine.
10. The Central Election Commission and banking institution in which the campaign fund account was opened shall exercise control over the receipt, records and use of funds from the campaign funds according to the procedure established by the Central Election Commission jointly with the National Bank of Ukraine and a central body of the executive in charge of communication issues no later than one hundred and ten days prior to the day of elections.
11. Funds from the campaign fund not used by a candidate to the post of President of Ukraine nominated by a party (bloc) shall, upon his/her written request , which shall be certified according to the procedure established by law and within ten days after the official announcement of the election results submitted to the banking institution, be transferred to the running account of the respective party (parties that are members of the bloc) within five days after the day such request was received. In case the candidate fails to submit the request within this term, the banking institution shall irrevocably transfer the unused funds of the campaign fund to the State Budget of Ukraine on the fifteenth day after the day the Central Election Commission officially announces the results of the elections, or (for candidates, who were not included in the election ballot for the repeat voting) the publication of the decision to call repeat voting. Funds of the campaign fund which remain unused by the self-nominated candidate to to the post of President of Ukraine, shall, no later than on the tenth day after the official promulgation of the voting results, be transferred to the State Budget of Ukraine.
12. In case the decision to register a candidate to the post of President of Ukraine is cancelled, the balance on his/her campaign fund shall, not earlier than on the tenth day after the day the respective decision was announced, be irrevocably transferred to the State Budget of Ukraine.
13. A contribution that arrived to the campaign fund after the day of elections, (in case the candidate was included in the election ballot for repeat voting –after the day of repeat voting), shall be returned by the banking institution to the respective physical person at the expense of the contribution and, in case such return is impossible, shall be transferred to the State Budget of Ukraine.
14. The Central Election Commission shall publish information about the size of the campaign funds of the candidates to the post of President of Ukraine and the financial reports on how they have been used in the newspapers "Holos Ukrainy" and "Uriadovy Courier" no later than on the eighteenth day after the day of elections.
Chapter VII
NOMINATION AND REGISTRATION OF CANDIDATES TO THE POST OF PRESIDENT OF UKRAINE
Article 44. General Procedure for Nominating Candidates to the Post of President of Ukraine
1. The nomination of candidates to the post of President of Ukraine by parties (blocs) and self-nomination shall begin one hundred and nineteen days and end ninety-five days prior to the day of elections.
2. A candidate to the post of President of Ukraine may be nominated by a party, which has been registered according to the procedure established by law no later than one year prior to the day of elections, or by an election bloc of parties, provided that it comprises parties registered no later than one year prior to the day of elections.
Article 45. Procedure for Formation of an Election Bloc
1. An election bloc may be formed by two or more parties as specified in the part two of article 44 of this Law on the basis of decisions of the congress (meeting, conference) of each of those parties. The leader of the party shall sign such a decision and certify it with the seal of the party. The congresses (meetings, conferences) of the parties that decide to form an election bloc may be held at any time prior to beginning of the election process.
2. Leaders or representatives of the parties, who have been authorized by the congress (meeting, conference), shall conclude an agreement on forming an electoral bloc, which shall be signed by them and certified with the seals of the parties that formed the bloc.
3. The following must be specified in the agreement on forming an election bloc:
1) the full and abbreviated name of the bloc;
2) the governing bodies of the election bloc and their operating procedures;
3) the representation rates at the inter-party congress (meeting, conference) of the parties that are members of the bloc;
4) the procedure for holding the inter-party congress (meeting, conference) on nomination of a candidate to the post of President of Ukraine;
5) the procedure for taking decisions at the inter-party congress (meeting, conference);
6) the procedure for taking a decision regarding the consent to include another party in the election bloc, once it has been established.
4. The full name of the bloc must include the names of all the parties that are members of the bloc. The full or abbreviated name of the bloc may neither contain the name of a party that is not a member of the bloc nor the surname of a person who is not a candidate to the post of President of Ukraine from this bloc.
5. The Central Election Commission shall be notified on the formation of the election bloc no later than five days prior to the day of holding the inter-party congress (meeting, conference). The agreement to form the election bloc, extracts from the minutes of the congresses (meetings, conferences) of the parties with the decisions to form the election bloc certified by the leaders of the parties which formed the election bloc and with the seals of the parties, as well as copies of the registration certificates of the parties that formed the election bloc, their charters, certified by the Ministry of Justice of Ukraine after the beginning of the election process was announced, shall be attached to the notification. In case the name of the bloc contains a surname of a person, a letter of consent of the person to use his/her surname containing his/her signature, certified according to the procedure established by law, shall be attached to the notification.
Article 46. Changes to the Composition of the Election Bloc of Parties
1. A party, which meets the requirements of part two of article 44 of this Law, that is not a member of any election bloc and has not nominated a candidate to the post of President of Ukraine, may join a election bloc that has nominated a candidate to the post of President of Ukraine, on the basis of a decision passed by the party congress (meeting, conference) and the consent of the election bloc to this, submitted according to the agreement on formation of the election bloc. The decision to join the bloc shall be signed by the party leader and certified with the party seal, while the decision of the bloc to give consent shall be signed by the leaders of the parties that are members of the bloc, and certified with the seals of the parties that are members of the bloc. The aforementioned documents shall be submitted to the Central Election Commission no later than sixty days before the day of the elections.
2. A party that is a member of a bloc may decide to leave the bloc no later than thirty-five days before the day of elections. Such a decision shall be made at a party congress (meeting, conference) according to its charter. The decision to leave the bloc and an extract from the minutes of the party congress (meeting, conference) regarding the consideration of this issue, signed by the party leader, the chairperson presiding at the congress (meeting, conference) and certified with the party seal, shall be submitted to the Central Election Commission and the governing body of the bloc within a three-day period from the day the respective decision was made.
3. If a party, whose member is not a candidate to the post of President of Ukraine, leaves a bloc consisting of more than two parties, it shall not affect the status of the bloc as a subject of the election process, regardless of the number of parties remaining in the bloc. The name of the party that left the bloc shall be excluded from the list of names of parties that are members of the bloc, on election ballots and other election documentation.
4. If a candidate to the post of President of Ukraine nominated by a bloc is not a member of the party that has left the bloc composed of two parties, the legal successor of the bloc as a subject of election process shall be the party that has not decided to leave the bloc. On election ballots and other election documentation, the name of the bloc shall be replaced with the respective name of the party that is the legal successor of the bloc.
5. If a person nominated by a bloc as a candidate to the post of President of Ukraine is a member of a party that has left a the bloc, the nomination of the person by the bloc shall become invalid the day the party takes the decision to leave the block.
6. If the decision envisaged by part two of this article has been made no later than ninety-five days prior to the day of the elections, the party that left the bloc and, under the circumstances specified in part five of this article, also the bloc shall have the right to nominate a candidate to the post of the President of Ukraine according to the procedure envisaged by this Law.
7. If the decision envisaged by part two of this article has been passed later than ninety-five days prior to the day of the elections, the party that left the bloc and, under the circumstances specified in part five of this article, also the bloc shall lose the status of subject of the election process.
8. Pursuant to a decision envisaged by part two of this article, the Central Election Commission shall take a decision to introduce the necessary amendments to the election documentation, to deny the candidate registration, or to cancel the registration of the candidate respectively.
9. Parties that are members of a bloc may pass decisions to dissolve the election bloc no later than thirty-five days prior to the day of the elections. Such decisions shall be passed by congresses (meetings, conferences) of all the parties that are members of the bloc. The decisions on dissolving the bloc and extracts from the minutes of the party congress (meeting, conference) of each member party regarding the consideration of this matter, signed by the party leader, the chairperson presiding at the congress (meeting, conference) and certified with the party seal, shall be submitted to the Central Election Commission within a three-day period.
10. If the decisions envisaged by part nine of this article have been adopted no later than ninety-five days prior to the day of the elections, each of the parties that are members of the bloc shall have the right to nominate a candidate to the post of President of Ukraine with according to the procedure envisaged by this Law.
11. If the decisions envisaged by part nine of this article have been adopted later than ninety-five days prior to the day of elections, each of the parties that are members of the bloc shall lose its status as a subject of the election process.
12. If the decisions envisaged by part nine of this article have been adopted prior to the registration of a candidate nominated by the bloc, the Central Election Commission shall not consider the issue of the registration of the candidate. If the mentioned decisions have been adopted after the registration of the candidate, the Central Election Commission shall cancel the registration of the candidate pursuant to these decisions.
Article 47. The Procedure for Nominating Candidates
1. A party (bloc) may nominate only one candidate to the post of President of Ukraine.
2. A party (bloc) may nominate as candidate to the post of President of Ukraine a person who is a member of that party (a member of a party that is a member of the bloc), or a non-party citizen who, according to article 9 of this Law, has the right to be elected President of Ukraine.
3. A party that is a member of an election bloc may neither nominate a candidate to the post of President of Ukraine independently nor be a member of another election bloc.
4. A party shall nominate a candidate at its congress (meeting, conference), and a bloc - at its inter-party congress (meeting, conference) comprised of the parties that are members of the bloc. At least 200 delegates shall participate in the congress (meeting, conference) at which a candidate is nominated.
5. A person may be nominated as a candidate to the post of President of Ukraine only by one party (one bloc) in conformity with the will of the candidate.
6. The following shall be mentioned in the minutes of the congress (meeting, conference) of the parties that are members of the bloc: the date of the congress (meeting, conference), the agenda, information about the person who was nominated as a candidate to the post of President of Ukraine (surname, name and patronymic, day, month and year of birth, citizenship, party affiliation, position (occupation), employer and address of permanent residence), and the results of the vote for the candidate to the post of President of Ukraine. The chairperson presiding at the congress (meeting, conference) shall sign the minutes and certify it with the seal of the party (parties that are members of the bloc).
7. The leader of the party (leaders of parties that are members of the election bloc) shall no later than two days prior to the holding of the congress (meeting, conference), notify in writing the Central Election Commission about the time and venue of the congress (meeting, conference) of the parties that are members of the election bloc convened with the aim of nominating a candidate to the post of President of Ukraine. A member of the Central Election Commission may attend such congress (meeting, conference) upon instruction of the Chairman of the Central Election Commission.
8. Mass media shall be notified in advance regarding the time and venue of the congress (meeting, conference) convened with the aim of nominating a candidate to the post of President of Ukraine. The procedure for accrediting mass media representatives to such a congress (meeting, conference) shall be defined by the organizers of the event.
Article 48. The Procedure for Self-Nomination
1. A citizen of Ukraine who, according to article 9 of this Law , is eligible to be elected President of Ukraine, shall personally submit to the Election Commission a statement on self-nomination to the post of President of Ukraine certified according to the procedure established by law.
2. The statement on self-nomination shall contain a letter of consent to publish his/her biographic data, the property and income statement, a letter of obligation, in case he/she is elected, to transfer , according to the procedure established by law, within one month after the results of the election are officially announced , the enterprises and corporate rights owned by the him/her into the management of another person and to discontinue activities or resign from a representative mandate, which, according to the Constitution of Ukraine and the laws of Ukraine, is inconsistent with occupying the post of President of Ukraine.
3. The documents, envisaged by part one of article 51 of this Law, shall be attached to the statement.
1. The monetary deposit shall be made by a party (parties that are members of the bloc) that has nominated a candidate to the post of President of Ukraine, or by the candidate to the post of President of Ukraine by cashless bank transfer to a special account of the Central Election Commission in the amount of five hundred thousand UAH.
2. In case the Central Election Commission decides to deny a candidate registration, the monetary deposit shall be transferred to the account of the party (parties that are members of the bloc) or to the person that is a self-nominee to the post of President of Ukraine, within five days after the decision is made.
3. If the Central Election Commission cancels its decision to register a candidate to the post of President of Ukraine, the monetary deposit shall be transferred to the State Budget of Ukraine within five days after the decision is made. In case the Central Election Commission decides to deny a candidate registration to the post of President of Ukraine on the base of his/her own statement submitted no later than thirty days before the day of the elections, the monetary deposit shall be transferred to the account of the party (parties that are members of the bloc), which nominated the candidate to the post of President of Ukraine, or to the account of the candidate to the post of President of Ukraine.
4. The monetary deposit shall be returned to the party (parties that are members of the bloc), which nominated the candidate to the post of President of Ukraine, or to the candidate to the post of President of Ukraine if the candidate to the post of President of Ukraine received at least seven percent of the votes of the voters who took part in the voting. If the candidate to the post of President of Ukraine received less than seven percent of the votes of the voters who took part in the voting, the monetary deposit shall be transferred to the State Budget of Ukraine.
Article 50. The Property and Income Statement of the Candidate to the Post of President of Ukraine
1. The property and income statement of a candidate to the post of President of Ukraine and of members of his/her family for the year preceding the year of elections shall be filled in by the candidate himself/herself on the form of the property and income statement of a state employee of the first category approved by the Ministry of Finance of Ukraine as of January 1st of the election year.
2. The authenticity of the data provided in the statement shall be verified by the State Tax Administration of Ukraine upon instruction of the Central Election Commission. Mistakes and inaccuracies discovered in the statement are subject to correction and shall not form the grounds for the denying the candidate registration to the post of President of Ukraine.
3. The Central Election Commission shall publish the income and property statements of each candidate to the post of President of Ukraine within three days after their receipt in the newspapers "Holos Ukrainy" and "Uriadovy Courier" and also place them on the official website of the Central Election Commission.
Article 51. Procedure for Registration of Candidates to the Post of President of Ukraine
1. The Central Election Commission shall register a candidate to the post of the President of Ukraine subject to the receipt of the following documents:
1) an application from the candidate to the post of President of Ukraine using the form established by the Central Election Commission (the candidate must personally fill in the form);
2) an autobiography of the person nominated candidate of a length less than or equal to two thousand printed characters, which must contain: surname, name and patronymic, day, month and year of birth, information on citizenship, education, employment history, position (occupation), employer, social activities (including those in elective offices), party affiliation, family composition, address of place of residence with a specification of the amount of time he/she has resided in Ukraine, and information on any convictions that have not been annulled or abrogated according to the procedure established by law;
3) a candidate's pre-election program, composed in the state language, of a length less than or equal to twelve thousand printed characters;
4) a document certifying that a deposit has been made according to article 49 of this law;
5) a property and income statement according to article 50 of this Law;
6) photos of the candidate of the size and amount established by the Central Election Commission.
2. For the registration of a person nominated by the party (bloc) as a candidate to the post of President of Ukraine, apart from the documents envisaged by part one of this article, the following documents shall be submitted:
1) an application for registration of the candidate signed by the leader of the party (leaders of the parties that are members of the bloc) and verified with the seal of the party (seals of the parties that are members of the bloc);
2) copies of the registration certificate of the party (parties that are members of the bloc) and its charter (the charters of the parties that are members of the bloc) certified by the Ministry of Justice of Ukraine free of charge after the beginning of the election process has been announced.
3) an extract from the minutes of the congress (meeting, conference) of each party that are members of the election bloc regarding the formation of the election bloc, certified with the signature of the leader of the party and the seal of that party - in case the candidate is nominated by a bloc;
4) an agreement on the formation of the election bloc (in case the candidate is nominated by a bloc);
5) an extract from the minutes of the congress (meeting, conference) of the party (inter-party congress (meeting, conference) of the parties that are members of the bloc) regarding the nomination of a candidate to the post of President of Ukraine from the party (bloc), which must contain the information envisaged by part six of article 47 of this Law. The extract from the minutes shall be certified by the leader of the party (leaders of the parties that are members of the bloc) and with the seal of the party (seals of the parties that are members of the bloc);
6) a statement of the person who has been nominated as a candidate, on his/her consent to be a candidate to the post of President of Ukraine from that party (bloc), and, in connection with that , consent to publish his/her biographic data and the obligation, in case he/she is elected, to transfer, according to the procedure established by law, within one month after the results of the election are officially announced, the enterprises and corporate rights owned by the him/her into the management of another person and to discontinue activities or resign from a representative mandate which, according to the Constitution of Ukraine and the laws of Ukraine, are inconsistent with occupying the post of President of Ukraine.
3. The Central Election Commission shall issue a receipt for the documents specified in part one and two of this article to the authorized representative of the party or the election bloc of parties who filed them. The receipt shall contain the list of documents received, the day, month and year, as well as the time of their receipt, and the position and surname of the person who received the documents.
4. Documents, submitted to the Central Election Commission after the beginning of the election process according to the procedure envisaged by part five of article 45 of this Law, may not be resubmitted.
5. Submission of documents to the Central Election Commission for the purposes of registration shall be terminated within ninety-days prior to the elections.
6. The nominee to the post of President of Ukraine has the right to withdraw his/her statement to stand as a self-nominee, or his/her statement of consent to stand as a candidate from the respective party (bloc), prior to the day he/she is registered as a candidate. A repeat statement of the person on his/her self-nomination, or on his/her consent to run as a candidate in the elections of the President of Ukraine from this party (bloc), shall not be accepted.
7. In case the candidate has been registered, a copy of the resolution about the registration shall be issued to the authorized representative of the party (bloc) or to the candidate to the post of President of Ukraine no later than the next day. A registration certificate of a candidate to the post of President of Ukraine shall be issued to the candidate no later than three days from the day the decision on his/her registration was adopted. Within the same term, the decision on the candidate's registration shall be published in the newspapers "Holos Ukrainy" and "Uriadovy Courier".
8. If, in the pre-election program of a candidate to the post of President of Ukraine, the Central Election Commission discovers allusions to provisions aimed at the liquidation of the independence of Ukraine, a violent change of the constitutional order, a violation of the sovereignty and territorial integrity of the state, a disruption of its security, an unlawful seizure of state power, propaganda of war, violence, the unleashing of ethnic, racial, and religious hostility, an encroachment on human rights and freedoms or the health of the population, it must appeal to the Supreme Court of Ukraine within the term of five days from the date the documents were submitted with a request to have this fact established by court.
9. The Central Election Commission shall decide on the registration or the denial of registration of the candidate in the course of five days after the receipt of the documents envisaged by this article. In the case, envisaged in part eight of this article, the decision to register the candidate to the post of President of Ukraine shall be taken by the Central Election Commission within a five days term from the day it received the decision of the Supreme Court of Ukraine.
10. The Central Election Commission shall terminate the registration of candidates to the post of the President of Ukraine no later than eighty-five days prior to the day of the elections.
11. The list of candidates registered by the Central Election Commission, indicating surname, name and patronymic, year of birth, education al background, permanent place of residence, principal employer (employment), party affiliation, and the nominating subject, shall be published by the Central Election Commission in the newspapers "Holos Ukrainy" and "Uriadovy Courier" within five days after the registration of candidates has been completed.
12. The registered candidates shall have equal rights irrespective of the way they were nominated.
Article 52. Denial of Registration of a Candidate to the Post of President of Ukraine
1. The Central Election Commission shall deny the registration of a candidate in the following cases:
1) of a violation of the procedure established by law for forming the election bloc or nominating the candidate to post of President of Ukraine;
2) if the Supreme Court of Ukraine determines that the candidate's pre-election program contains provisions aimed at the liquidation of the independence of Ukraine, a violent change of the constitutional order, a violation of the sovereignty and territorial integrity of the state, a disruption of its security, an unlawful seizure of state power, propaganda of war, violence, the unleashing of ethnic, racial, and religious hostility, an encroachment on human rights and freedoms or on the health of the population;
3) if the documents specified under article 51 of this Law are missing or are prepared and executed in undue manner;
4) if the Ukrainian citizenship of the nominee to the post of President of Ukraine is terminated or his/her of citizenship of another country is not terminated;
5) if the nominee leaves Ukraine for the purpose of permanent residence elsewhere;
6) if the nominee is deemed incapable or if a court conviction regarding a premeditated offense comes into legal force against the nominee;
7) if any circumstances specified under part five of article 46 of this Law occur.
2. The decision to deny a candidate registration must contain exhausting reasons for the denial. A copy of the decision shall be issued (sent) to the authorized representative of the respective party (bloc) or to the candidate no later than the next day after the decision was passed.
3. The denial of registration of a candidate does not preclude the possibility that the party (bloc) or the candidate can submit a second application for registration as candidate.
4. The second application for registration as a candidate together with the documents corrected according to the provisions of this Law may be submitted to the Central Election Commission not later than eighty-eight days prior to the day of the elections.
Article 53. The Collection of Signatures of Voters in Support of a Candidate to the Post of President of Ukraine
1. No less than five hundred thousand signatures of eligible voters shall be collected in support of a candidate to the post of President of Ukraine, of which no less than twenty thousand signatures shall be collected in each two-thirds of the regions (the Autonomous Republic of Crimea, the oblasts, the cities of Kyiv and Sevastopol) of Ukraine.
2. Signature lists in support of a candidate to the post of President of Ukraine shall be submitted to the Central Election Commission no later than forty days prior to the day of the elections.
1. The Central Election Commission shall take a decision to approve the form of the signature list for each candidate within three days from the day of the registration of the candidate. No later than the day following the day the decision was adopted, a copy of this decision, together with the approved signature list for each candidate, shall be issued to the authorized representative of the party (bloc).
2. The Central Election Commission shall issue the signature lists to the authorized representatives of the party (bloc) or directly to the candidate to the post of President of Ukraine in the amount necessary to collect the quantity of signatures specified in part one of article 53 of this Law, including a ten percent reserve. The signature lists shall be issued within five days from the day the Central Election Commission approved the form of the signature list for the respective candidate.
3. Strictly adhering to the established form of the signature list, the party (bloc), which nominated a candidate, or the self-nominated candidate may produce any amount of signature lists by means of printing, photocopying or otherwise.
4. The signature list in support of a candidate to the post of President of Ukraine from a party (bloc) must contain the following data:
1) the candidate's surname, name and patronymic, year of birth, employer (position), and party affiliation;
2) the full name of the political party or election bloc which nominated the candidate, and the full names of the parties that are members of the bloc, or an indication that the candidate is a self-nominated candidate;
3) information on the person who is collecting the signatures of voters (surname, name and patronymic, day, month and year of birth, citizenship, place of residence, and - if available - telephone number);
4) the full name of the populated area , where the signatures are being collected, as well as the full name of the village, settlement, city, district, oblast, or the Autonomous Republic of Crimea, to which the populated area is subordinated.
5. The signature list shall contain the following columns:
1) the successive number of the voter in the signature list;
2) the surname, name and patronymic of the voter;
3) the year of birth of the voter (for voters , who become eighteen in the year of elections, the day, month, and year of birth);
4) the citizenship of the voter;
5) the place of residence of the voter;
6) the title, number, and series of a document that certifies the voter's identity and citizenship from among those specified in part two of article 2 of this Law;
7) the date the voter signed;
8) the personal signature of the voter.
Article 55. The Procedure for Collecting and Considering Signatures in Support of the Candidate to the Post of President of Ukraine
1. Ukrainian citizens who have the right to vote at the time of collecting the signature s may, on the written instruction of a candidate or his/her proxy, collect voters' signatures in support of a candidate.
2. The person who collects signatures of voters must, prior collecting them personally, enter his/her personal data, envisaged by paragraph 3 of part four of article 49 of this Law, in the signature lists.
3. The columns of the signature list that refer to a voter shall be filled in by the voter or, if that is impossible due to health reasons, - on his/her request, by the person who collects the signatures. The accuracy of the data, entered in the signature list by the voter or the person who collects the signatures, shall be certified by the voter's personal signature.
4. All entries in a signature list shall be made in pen (not pencil) and without abbreviations.
5. An error made on the signature list shall be corrected by the person who made it, in a manner that shall maintain the legibility of the previous entry; the correction shall be certified by a separate signature of the person, who made the correction.
6. Nobody shall have the right to force a voter to support a candidate to the post of President of Ukraine with his/her signature. It shall be prohibited to buy signatures in support of a candidate with money, goods, or services or to prevent a voter from supporting candidates.
7. It is prohibited to collect signatures at bodies of the state executive power and bodies of local self-government, enterprises, establishments, institutions, and organizations.
8. Only the signatures of voters from one populated area shall be accounted for in one signature list.
9. The person who collected the signatures of voters shall sign the completed signature list and in figures and words state the number of voters' signatures collected in this signature list.
10. State executive bodies, executive bodies of local self-government and their officials, owners or managers of enterprises, institutions, organizations, or authorized bodies of those shall be prohibited from participation in collecting voters' signatures in support of candidates to the post of President of Ukraine.
11. It shall be prohibited to establish restrictions to the procedure for collecting signatures that are not envisaged by this article.
12. The authorized representative of a candidate to the post of President of Ukraine shall submit the signature lists to the Central Election Commission not later than forty days prior to the day of the elections. The Central Election Commission shall issue the authorized representative a statement on the quantity of the accepted signature lists and of the signatures contained in them.
13. The Central Election Commission shall ensure control over the compliance with the requirements of this Law regarding signature lists by way of random checks of them performed by members of the Central Election Commission involving staff members of the secretariat of the Central Election Commission and the experts envisaged by part twenty of e article 28 of this Law.
14. When determining the number of voters, who have supported a candidate to the post of President of Ukraine, on the basis of signature lists, signatures of certain voters shall not be taken into account:
1) in case the signature list does not contain all or certain data on the voter , who supports the candidate with his/her signature, envisaged by the form of the signature list;
2) in case the entry of data on the voter , who supports the candidate with his/her signature has been done in violation of the requirements of parts three, four or five of this article;
3) if made by a person other than the voter;
4) if made by a person, who had no right to vote on the day of signing;
5) who are not residents of the populated areas where the signatures were collected;
6) in case the same voter put his signature several times in support of the same candidate.
15. When determining the number of voters who have supported a certain candidate, the following signature lists shall be disregarded:
1) in which voters' signatures were collected by a person who had no right to vote on the day of collecting the signatures;
2) those containing inauthentic data on the person who collected the signatures of voters;
3) in which data on the person who collected the voters' signatures is missing;
4) in which a person, other than the one who collected the signatures of voters, has signed the list on his /her behalf;
5) in which the signatures of voters have been collected at bodies of the state executive power and bodies of local self-government, enterprises, institutions or organizations;
6) of an unapproved form;
7) forged;
8) in which signatures have been collected by force, by way of bribery or fraud.
16. The Central Election Commission shall, no later than on the tenth day from the receipt of signature lists , execute the respective protocol on the results of collection of signatures in support of a candidate to the post of the President of Ukraine and take the respective decision which signatures in the signature lists and (or) signature lists to disregard. The Central Election Commission shall provide a copy of the decision to a representative of the party (bloc) or to the candidate within three days from the day the decision was made and he/she may review the respective protocol within the same period.
17. The persons specified in part thirteen of this article , as well as the representative of the candidate to the post of the President of Ukraine in the Central Election Committee , shall have the right to review the signature lists , submitted to the Central Election Commission.
Article 56. Cancellation of the Decision on Registration of the Candidate to the Post of President of Ukraine
1. The Central Election Commission shall consider the issue of an appeal to the Supreme Court of Ukraine about cancelling the decision to register a candidate to the post of President of Ukraine in case:
1) the candidate to the post of President of Ukraine , at any time after his registration but no later than five days before the day of the elections or before the day of repeat voting , applies with a written statement about his withdrawal from the ballot;
2) the candidate for the post of President of Ukraine fails to submit the quantity of signatures in his/her support specified in part one of article 53 of this Law within forty days prior to the day of the elections;
3) a party (bloc) , no later that fifteen days prior to the day of the elections , applies for cancellation of the decision to register the candidate nominated by the party (bloc) to the post of President of Ukraine according to a decision taken according to the same procedure, as the decision to nominate the candidate;
4) circumstances envisaged by parts five and twelve of article 46 of this Law occur;
5) the Ukrainian citizenship of the candidate is terminated;
6) the candidate to the post of President of Ukraine leaves Ukraine for permanent residence abroad;
7) the candidate to the post of President of Ukraine is deemed incapable or a court conviction regarding a premeditated offence comes into legal force against the him/her;
8) he/she is a registered candidate for people's deputy of Ukraine, a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, or a candidate in local elections provided these elections shall be conducted concurrently with the elections of the President of Ukraine.
2. The Supreme Court of Ukraine shall consider the statement of the Central Election Commission on cancellation of the decision to register a candidate to the post of President of Ukraine according to the procedure and in terms established by law.
3. The Central Election Commission shall announce a warning to a candidate to the post of President of Ukraine and the political parties (blocs), which nominated him/her in case:
1) a court determined, according to the procedure established by law, a fact of bribery of voters or members of the election commissions committed by a candidate to the post of President of Ukraine, his/her proxy, an official of the party (bloc) which nominated the candidate, as well as by any other person acting on the request of the candidate or at the instructions of the candidate or the party (bloc), that nominated him/her;
2) a court determined, according to the procedure established by law, a fact of voters or members of election commissions being granted any money or any goods, works, services, securities, loans, lotteries, other non-monetary items free of charge or on preferential terms by an organization of which the candidate or an official of the party (one of the parties of the bloc) that nominated the candidate, is founder, owner or member of its governing body;
3) a court determined, according to the procedure established by law, a fact of use of other funds than those from the candidate's campaign fund in financing his/her pre-election campaign;
4) the candidate to the post of President of Ukraine, who occupies a post, including multiple posts at the same time, in state executive bodies and bodies of local self-government, in state or municipal enterprises, in institutions, establishments or organizations, in military formations established according to the laws of Ukraine, has involved or used for the purpose of his/her pre-election campaign his/her subordinates, office transport, communication, equipment, premises, or other objects and resources at his/her place of work;
5) the Central Election Commission reveals an essential incorrectness in the information , submitted according to this Law , about the candidate that has been deliberately distorted for the purpose of misleading the voters;
6) the candidate or the party (bloc) that nominated the candidate to the post of President of Ukraine is directly or indirectly campaigning beyond the timeframes, established in article 57 of this Law;
7) of violations of other provisions of this Law.
4. The decision of the Central Election Commission to announce a warning to a candidate to the post of President of Ukraine or to a party (bloc) shall be published in the state mass media.
5. The Central Election Commission shall consider the issue of an appeal to the Supreme Court of Ukraine with a statement calling for cancellation of the decision to register a candidate to the post of President of Ukraine or calling for the announcement of a warning to the candidate or the party (bloc) in the presence of the candidate to the post of President of Ukraine or the authorized representative of the party (bloc), that nominated this candidate. The aforementioned persons shall be notified about the time for the consideration of this issue no later than the day before the day of consideration. In case the aforementioned persons are absent without due reason, or when considering this issue less than three days before the day of the elections or the day of the repeat voting - independently of the reason, , the Central Election Commission shall consider the issue in the absence of the aforementioned persons.
6. In cases of violations, specified in part three of this article, for which the law has established criminal or administrative responsibility, the Central Election Commission shall file a submission to court requesting that criminal or administrative proceedings are instituted against the candidate or another person who committed such violation.
7. The Central Election Commission shall notify the candidate to the post of President of Ukraine and the party (bloc) that nominated the candidate about the decision to cancel the registration of the candidate or to announce a warning to him/her no later than the day following the day of passing the decision, and it shall provide the candidate to the post of President of Ukraine or the representative of the party (bloc) that nominated the candidate with a copy of this decision within the same term. If the mentioned decision was passed the day before the day of the elections or the day of the repeat voting, a copy of this decision shall be issued to the persons specified under this part immediately.
8. In case the candidate to the post of President of Ukraine dies or is declared missing without traces, the Central Election Commission shall announce him/her as a candidate that has withdrawn from the ballot. This decision shall be published in mass media no later than the day following the day the decision was taken but not later than one day before the day of the elections.
Chapter VIII
THE PRE-ELECTION CAMPAIGN
Article 57. The Terms for Conducting the Pre-Election Campaign
1. A candidate to the post of President of Ukraine may begin the pre-election campaign the day after he/she is registered by the Central Election Commission.
2. The pre-election campaign shall end at 24 hrs on the last Friday before the day of elections.
3. The campaign before the repeat voting shall start the day after the repeat voting was called and shall end at 24 hrs on the last Friday before the day of repeat voting.
4. Campaigning during the election process beyond the terms established in this article shall be prohibited.
Article 58. Forms and Means of the Pre-election Campaign
1. The pre-election campaign may be carried out in any form and by any means that do not contradict the Constitution of Ukraine and the laws of Ukraine.
2. Ukrainian citizens shall have the right to freely and comprehensively discuss the election programs of candidates to the post of President of Ukraine, the political, professional and personal merits of the candidates, as well as to campaign for or against the candidates.
3. Official notices during the election process (without comments which may be of campaign nature, as well as video - and audio -recordings, movies and photo illustrations) about the activities of the candidates to the post of President of Ukraine while they carry out their official (duty) authorities, envisaged by the Constitution of Ukraine or other laws of Ukraine, shall not be considered part of the pre-election campaign.
4. The pre-election campaign shall be carried out at the expense of funds from the State Budget of Ukraine that are allocated for the preparation and conduct of the elections, for purposes specified by this Law, and at the expense of funds from the campaign funds of the candidates to the post of President of Ukraine.
5. The pre-election campaign at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections shall be carried out in compliance with the principle of equal conditions providing the candidates to the post of President of Ukraine with the same print space in the print media and air time on radio and TV.
6. Bodies of the state executive power and bodies of local self-government shall, at the request of the respective territorial election commission, provide premises suitable for conducting public pre-election campaign events, which shall be organized by the territorial election commission. In connection with this, the territorial election commission is obliged to ensure equal opportunities for all candidates to the post of President of Ukraine, registered by the Central Election Commission. The payment for using the provided premises shall be carried out according to the procedure established in part two of article 39 of this Law.
7. A candidate to the post of President of Ukraine, who is registered by the Central Election Commission, shall have the right, on a contractual basis and at the expense of the campaign fund, to lease buildings and premises of all forms of ownership for the purpose of holding meetings, rallies, debates, discussions and other public pre-election campaign events.
8. A candidate to the post of President of Ukraine or his/her proxy shall notify the respective territorial election commission about the time and venue for public pre-election campaign events.
9. In case a building (premises), irrespectively of the form of ownership, is provided for a public pre-election campaign event or for campaigning for one candidate to the post of President of Ukraine, the owner ( tenant, user) of the building (premises) shall not have the right to refuse to provide it to another candidate to the post of President of Ukraine under the same conditions. This demand shall not apply to premises, which are owned or used on a constant basis by parties (blocs) - subjects of the election process.
Article 59. Information Posters and Pre-Election Campaign Materials
1 . The Central Election Commission shall, at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of the elections, no later than the thirty fifth day prior to the day of the elections, ensure the production of information posters of the candidates to the post of President of Ukraine who are registered by the Central Election Commission in the quantity of five copies to each polling station. The posters must contain the pre-election programs of the candidates to the post of President of Ukraine submitted by them to the Central Election Commission in connection with the registration of candidates, with an indication of the name, patronymic and surname, year of birth, position (occupation), place of work and residence, and the party affiliation of the candidate, as well as a photo of the candidate. The Central Election Commission shall determine the format, size and layout of the information posters.
2. The Central Election Commission shall agree on the text of the information poster with the candidates to the post of President of Ukraine or his/her authorized representative.
3. The information posters of the candidates to the post of President of Ukraine must be of the same form at, size and layout, which shall be determined by the Central Election Commission.
4. The information posters of the candidates to the post of President of Ukraine in the quantity of five copies to each polling station shall, according to the procedure established by the Central Election Commission, be delivered to the respective election commissions, the remaining part - to the candidate or to his/her authorized representative. The information posters shall be delivered to the polling stations no later than thirty days prior to the day of the elections.
5. A candidate to the post of President of Ukraine may, at his/her own discretion , produce pre-election campaign materials at the expense and within the limits of the campaign fund of the candidate. The party that nominated the candidate (the party that is member of the bloc that nominated the candidate) may produce print pre-election campaign materials of the candidate by using its own property. The candidate to the post of President of Ukraine may, in the same manner, produce his/her pre-election campaign materials. Information contained in these materials must comply with the requirements of law.
6. The candidate to the post of the President of Ukraine and, the party (bloc) that nominated the candidate must submit one sample of each print pre-election campaign material, produced at the expense of the campaign fund and using their own property, to the Central Election Commission no later than on the seventh day from the date of its production.
7. Print pre-election campaign material must contain information about the institution that printed the material, or a notice that the material is printed using the resources of, respectively, a candidate to the post of President of Ukraine or a party, as well as the circulation figures and information about the persons responsible for their issuance.
8. Bodies of the state executive power and bodies of self-government shall, no later than one hundred and twenty days prior to the day of the elections, provide places and equip stands and announcement boards in crowded places for the purpose of posting pre-election campaign materials.
Article 60. General Procedure for the Use of Mass Media
1. The pre-election campaign in the mass media of all forms of ownership shall be conducted in compliance with the principle of equal conditions and according to the procedure envisaged by this Law.
2. The pre-election campaign in the mass media shall be conducted in the form of public debates, discussions, "round tables", press-conferences, interviews, speeches, political advertisements, TV-portraits, video-movies and other publications and notices about the candidate to the post of President of Ukraine and the party (bloc) that nominated the candidate, as well as other forms which do not contradict the Constitution of Ukraine and laws of Ukraine.
3. A candidate to the post of President of Ukraine registered by the Central Election Commission has the right to use state and municipal mass media at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections on conditions envisaged by this Law.
4. The Central Election Commission establishes the procedure for providing airtime and print space at the expense and within the limits of the funds allocated from the State Budget of Ukraine for the preparation and conduct of elections.
5. The pre-election campaign in mass media of all forms of ownership at the expense of funds from the campaign fund of the candidate to the post of President of Ukraine, shall be conducted on the conditions of equal payment per unit of air time and per unit of print space and shall only be restricted by the expenditure limits of the campaign fund.
6. The respective mass media shall, no later than 130 days prior to the day of elections, estimate the cost of a unit of air time and a unit of print space in an amount not exceeding the respective average cost indicator for the last quarter of the year prior to the year of the elections of the President of Ukraine. The Central Election Commission, together with the National Television and Broadcasting Council of Ukraine and the State Committee for Television and Broadcasting of Ukraine, shall determine the average cost indicator of a unit of print space and airtime. The estimations of the cost of a unit of print space and airtime for pre-election campaign purposes may not be subject to any changes during the election process. A mass medium may not grant discount to a certain candidate to the post of President of Ukraine or to the party (bloc) that nominated the candidate.
7. In case mass media publish the results of a public opinion survey related to the election of the President of Ukraine, it must indicate the organization that conducted the survey, the date the survey was conducted, the number of people interviewed, the method by which the information was collected, the precise formulation of the question, and a statistic evaluation of the possible error.
8. A mass medium that has provided a candidate to the post of President of Ukraine with airtime or print space shall not have the right to refuse to provide airtime or print space on the same conditions to another candidate. This demand does not extend to mass media that are owned (operated) by parties - subjects of the election process (by parties that are members of a bloc - a subject of the election process).
9. In case repeat voting is called, the Central Election Commission shall provide air time, print space and printed materials for the pre-election campaign at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections in the sum of fifteen thousand times the minimum wage to every candidate to the post of President of Ukraine included in the election ballot for the repeat voting.
Article 61. The Procedure for using Electronic (Audio-Visual) Mass Media
1. All TV and radio organizations must, no later than 120 days prior to the day of the elections, publish in print mass media information about the estimated cost of one minute (second) of air time, and forward the estimates to the Central Election Commission.
2. State and municipal TV and radio organizations shall, at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections, provide air time for the pre-election campaign between 19 and 22 hrs.
3. The broadcasting time (broadcasting schedule) of TV and radio organizations, which have a license from the National TV and Radio Broadcasting Council of Ukraine for the right to use all-national broadcasting channels, shall be changed (without changing the volume of broadcasting) during the pre-election campaign period of the elections of the President of Ukraine in order to provide regional state TV and radio organizations with the opportunity to extend their programs and pre-election broadcasts in the respective regions.
4. TV and radio organizations shall provide the candidate to the post of President of Ukraine registered by the Central Election Commission general time for his/her pre-election campaign purposes at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of the elections, of no less than 30 minutes on an all-national TV channel and 45 minutes on an all-national radio channel, as well as 20 minutes on regional TV channels and 20 minutes on regional radio channels in each of the regions of Ukraine (The Autonomous Republic of Crimea, the oblasts, the cities of Kyiv and Sevastopol). This time shall be provided to the candidate on each of the aforementioned channels three times in equal shares of the general time. The Central Election Commission shall determine the volume and procedure for using the airtime allocated at the expense of funds, envisaged by part nine of article 60 of this Law, ensuring equal conditions for the candidates.
5. It shall be prohibited 20 minutes before and after TV and radio broadcasts of a pre-election campaign-related program of a respective candidate to the post of President of Ukraine to comment in any form or evaluate the content of pre-election campaign program or to give any information on this candidate or party (bloc).
6. The distribution of air time , with an indication of the pre-election campaign TV and radio programs, and the specific date and time they are aired, shall be made by the respective state and municipal TV and radio organizations based on the results of lots drawn by the Central Election Commission, or, under the decision of the Central Election Commission, by one of the territorial election commissions in each of the regions of Ukraine (the Autonomous Republic of Crimea, the oblasts, the cities of Kyiv and Sevastopol) with the participation of the candidates to the post of President of Ukraine, their proxies or authorized representatives of the candidates.
7. The results of drawing lots related to the provision of air time for pre-election campaign purposes at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections, shall be published in the newspapers "Holos Ukrainy" and "Uriadovy Courier" and in local state or municipal mass media, respectively, within three days from the day the Central Election Commission and the respective territorial election commissions have approved them.
8. The Central Election Commission and the respective territorial election commissions shall provide the payment for broadcast time according to their approved estimates from the funds allocated from the State Budget of Ukraine for the preparation and conduct of elections, based on respective agreements that shall be concluded between the Central Election Commission, the National TV Company of Ukraine, and National Radio company of Ukraine, and between the respective territorial election commissions and the regional state or municipal TV and radio organizations.
9. Air time at the expense of the funds from the campaign fund of a candidate to the post of President of Ukraine shall be provided on the basis of an agreement that shall be concluded between the administrator of the campaign fund of the candidate and a TV and radio organization of any form of ownership. Provision of airtime without the conclusion of such an agreement and without crediting funds to the account of the TV and radio organization shall be prohibited.
11. TV and radio organizations of all forms of ownership are obliged on the written requests of the Central Election Commission or National TV and Radio Council of Ukraine to provide information on the allocation of air time for pre-election campaign purposes, and are obliged, if necessary, to provide copies of the respective agreements, payment documents and broadcasts recorded on tapes or other carriers of information.
Article 62. The Procedure and Terms for Conducting TV Debates
1. Pre-election debates using electronic (audio-visual) mass media (TV debates) between candidates to the post of President of Ukraine shall commence within the terms envisaged by article 57 of this Law for conducting the pre-election campaign. The TV debates shall be conducted between 19 and 22 hrs in live air.
2. No more than two candidates to the post of the President of Ukraine may simultaneously participate in one and the same TV debate during the pre-election campaign. The schedule of the TV debates shall be made on the basis of the results of drawing lots, which shall be conducted by the Central Election Commission with the participation of the candidates to the post of the President of Ukraine or their proxies. The results of the drawing of lots for the purpose of scheduling TV debates shall be published in the newspapers "Holos Ukrainy" and "Uriadovy Courier" within three days after the day these results were approved by the Central Election Commission and at the expense of funds from the State Budget of Ukraine.
3. The amount of TV debates shall be such as to provide each of the candidates to the post of President of Ukraine with the possibility to take part in them not more than once, provided they express their wish to take part.
4. The duration of the TV debates with the participation of one group of candidates to the post of President of Ukraine may not be less than sixty minutes of uninterrupted broadcast time.
5. In case a decision to conduct repeat voting has been adopted, the TV debates between the candidates to the post of President of Ukraine included in the ballot for the repeat voting shall be organized within five days prior to the day of the repeat voting on live air on the First National Channel of the National TV company of Ukraine between 19 and 22 hrs, with a duration of no less than one-hundred minutes. Such TV debates must be transmitted on the first channel of the National Radio company of Ukraine and may be transmitted free of charge by other broadcasting channels. The candidates to the post of President of Ukraine shall participate in the TV debates personally. In case one of the candidates to the post of President of Ukraine refuses or is unable to participate in the TV debates, the time allocated for such TV debates shall be granted to the other candidate to the post of President of Ukraine for the purpose of conducting his/her pre-election campaign.
6. The National TV company Company of Ukraine shall organize the TV debates between the candidates to the post of President of Ukraine. Other TV and radio organizations holding a license to use broadcasting channels, irrespective ly of the form of their ownership, may also on their initiative organize and conduct TV debates.
7. The Central Election Commission shall provide the payment for the air time allocated for TV debates from the funds from the State Budget of Ukraine allocated for the preparation and conduct of elections, based on the respective agreement that shall be concluded between the Central Election Commission and the National TV Company of Ukraine.
8. TV and radio organizations shall be prohibited from interrupting the transmission of the TV debates.
Article 63. Procedure for Using Printed Mass Media
1. A candidate to the post of President of Ukraine registered by the Central Election Commission has the right, at the expense of and within the funds allocated from the State Budget of Ukraine for the preparation and conduct of elections, to publish his/her pre-election program, as submitted upon his/her registration, of a size that shall not exceed twelve thousand printing characters, in the newspapers "Holos Ukrainy" and "Uriadovy Courier" in a print lay-out that is identical for all candidates. The Central Election Commission shall conclude an agreement on the publication of the mentioned materials with the editorial offices of the mentioned newspapers.
2. A candidate to the post of President of Ukraine registered by the Central Election Commission has the right, at the expense of and within the funds allocated from the State Budget of Ukraine for the preparation and conduct of elections, to publish his/her pre-election program, as submitted upon his/her registration, in local state or municipal mass media in a print lay-out that is identical for all candidates. The Territorial Election Commission, mentioned in part six of article 60 of this Law, shall conclude an agreement on the publication of the aforementioned materials with the editorial office of respective mass medium. The Central Election Commission shall determine the volume and procedure for using the print space, which shall be provided at the expense of funds, envisaged in part nine of article 60 of this Law, ensuring equal conditions for the candidates.
3. The priority order for printing pre-election programs at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections, shall be established by the Central Election Commission and respective territorial election commissions by means of drawing of lots with the participation of candidates to the post of President of Ukraine or their proxies.
4. Results of the drawing of lots for the order of printing pre-election programs of candidates to the post of President of Ukraine shall be published respectively in the newspapers "Holos Ukrainy" and "Uriadovy Courier", and local state or municipal printed mass media within three days from the day the Central Election Commission or the respective territorial election commission has approved them.
5. A candidate to the post of President of Ukraine shall have the right, at the expense of his/her campaign fund, to publish campaign materials in printed mass media of all forms of ownership.
6. Campaign materials, specified in part five of this article shall be published on the basis of an agreement that shall be concluded between the administrator of a running account of the candidate to the post of President of Ukraine and the editorial office of the print mass medium. The publication of these materials with concluding an agreement and crediting funds to the account of the editorial office of the print mass medium shall be prohibited.
7. Editorial offices of printed mass media of all forms of ownership must, at the written requests of the Central Election Commission, provide it with information about the print space used for placing campaign materials of the candidates to the post of President of Ukraine, and if necessary - send it copies of the respective agreements, payment documents, as well as the respective publications.
Article 64. Pre-Election Campaign Restrictions
1. The following persons shall be prohibited from participating in the pre-election campaign:
1) non-citizens of Ukraine;
2) state executive bodies and bodies of local self-government, their officials and officers;
3) members of election commissions when performing duties of members of election commissions.
2. Pre-election campaign activities shall be restricted in military units (formations) and penitentiary institutions. It is prohibited for individual candidates to the post of President of Ukraine or their proxies to visit military units (formations) and penitentiary institutions. The respective territorial commission shall organize meetings with voters for such persons together with the commanders of the military units (formations) or penitentiary directors upon mandatory notification at least three days prior to the day of the meeting of all proxies of candidates to the post of President of Ukraine in the respective territorial election district.
3. It shall be prohibited to disseminate in any form materials, which contain calls for the liquidation of the independence of Ukraine, the change of the constitutional order by violent means, the violation of the sovereignty and territorial indivisibility of the State, the undermining of its security, the unlawful seizure of state power, the propaganda of war and of violence, the incitement of inter-ethnic, racial, or religious enmity, and the encroachments on human rights and freedoms and the health of the population.
4. It shall be prohibited for state and municipal mass media, their officials and officers, as well as creative staff, in their materials and programs, not covered by agreements concluded according to the requirements of part ten of article 61 and part six of article 63 of this Law, to campaign for or against candidates to the post of President of Ukraine, evaluate their pre-election programs or give preference to them in any form during the election process. The activity of these mass media may be temporarily suspended, in case they violate this requirement, by a court decision upon a submission of the Central Election Commission or the respective territorial election commission.
5. It shall be prohibited to spread deliberately false information about a candidate to the post of President of Ukraine. Mass medium that published information which the candidate to the post of President of Ukraine considers obviously incorrect, must, within three days after the day such materials have been made public, but no later than two days prior to the day of the elections, give the candidate or party (bloc), about whom incorrect information was disseminated, upon their request, a possibility to refute such materials , by giving them the same air time on TV or radio accordingly, or by publishing in the print mass medium material provided by the candidate or party (bloc) that must be printed in the same font and be placed under the heading "Refutation" at the same place in the column and of a volume not less than the volume of the announcement being refuted. The refutation must contain a reference to the respective publication in the printed mass medium or broadcast on the TV or Radio and a reference to the facts being refuted. The refutation must be made public without amendments, commentaries or abbreviations, and should be done at the expense of the respective mass medium.
6. It shall be prohibited to conduct a pre-election campaign that is accompanied by giving money to voters or providing them with goods, services, works, securities, credits, or lotteries on preferential terms or free of charge. Such a pre-election campaign or the act of giving out money or providing services, works, securities, credits, or lotteries on preferential terms or free of charge, which are accompanied by calls or suggestions to vote or not to vote for a certain candidate or mentioning his/her name, shall be regarded as bribery of voters, as it is mentioned in clause 1 of part three of article 56 of this Law.
7. The Central Election Commission shall ensure that explanations are placed in state mass media concerning the prohibition on giving out money or providing goods, services, works, securities, credits and lotteries free of charge or on preferential terms. The Central Election Commission shall approve the text of the explanation and, twice a week, print it in the newspapers "Holos Ukrainy" and "Uriadovy Courier" on the first page and transmit it by TV and radio broadcasting organizations starting thirty days prior to the day of elections.
8. Regional state and municipal TV and radio organizations shall be obliged not to overlap with their own transmissions the campaign programs of the candidates to the post of President of Ukraine transmitted on all-national broadcast channels at the expense of the funds allocated from the State Budget of Ukraine for the preparation and conduct of elections.
9. The central executive body for information policy, television and radio broadcasting, together with the state TV and radio organizations subordinate to it , shall be obliged to develop a procedure by which the broadcast of the pre-election program of one candidate on the First National channel of the National TV Company of Ukraine should not coincide in time with the broadcast of such program of another candidate on the first channel of the National Radio Company of Ukraine, if the air time for both programs is allocated at the expense of funds from of the State Budget of Ukraine for the preparation and conduct of elections.
10. It shall be prohibited to include pre-election campaign materials of candidates to the post of President of Ukraine or political advertisements in TV and radio news programs. Political advertisements must be separated from other materials and specified as such.
11. It shall be prohibited to interrupt broadcasts of pre-election programs of candidates to the post of President of Ukraine or the parties (blocs) that nominated them with advertisement for goods, works, services and other announcements.
12. It shall be prohibited to conduct a pre-election campaign in foreign mass media, which operate on the territory of Ukraine.
13. Mass media of all form s of ownership, which operate s on the territory of Ukraine, shall be prohibited from disseminating information about the results of public opinion polls concerning the candidates to the post of President of Ukraine during the last 15 days prior to the day of elections or the day of repeat voting.
14. It shall be prohibited to place printed pre-election campaign materials, political advertisements, or announcements about the progress of the election process on architectural monuments, as well as in places where they impede road traffic safety.
15. Candidates to the post of President of Ukraine, who occupy posts, including multiple posts at the same time, in state executive bodies and bodies of local self-government, in state and municipal enterprises, in institutions, establishments, organizations, and military units (formations), shall be prohibited from involving in the pre-election campaign or using for any work connected with conducting the pre-election campaign, their subordinates (during working hours), office transport, communication, equipment, premises, other objects and resources at their place of work, and from using office or business gatherings or meetings of staff for the purpose of campaigning.
16. It shall be prohibited to produce and distribute printed pre-election campaign materials, which do not contain information about the institution that did the printing, their circulation and information about the persons in charge of the issue.
17. Active campaigning (publishing campaign materials in mass media, distributing election leaflets, posting election posters, and public calls to vote for or against candidates to the post of President of Ukraine) and dissemination of political advertisements shall be prohibited from the time the pre-election campaign terminates. Pre-election campaign materials shall be removed at 24 hrs on the last Friday preceding the day of elections or the day of repeat voting by the respective services of local executive bodies and local self-governmental bodies.
18. It shall be prohibited to make the results of an exit poll public on the day of elections during the entire voting process.
19. If a statement or complaint is filed with the Central Election Commission or the territorial election commission regarding violations of the requirements of parts three, six, and ten through eighteen of this Law, the respective election commission shall immediately forward this statement or complaint to the relevant law enforcement bodies for verification and action according to the laws of Ukraine.
Chapter IX
GUARANTEES OF THE ACTIVITIES OF CANDIDATES TO THE POST OF PRESIDENT AND OFFICIAL OBSERVERS
Article 65. Guarantees of the Activities of Candidates to the Post of President of Ukraine
1 A candidate to the post of President of Ukraine may not be denied to be released from carrying out his/her work or service duties at his/her place of work and to obtain unpaid leave during the pre-election period.
2. From the moment the candidate to the post of President of Ukraine is registered and to the end of the election process, he/she may not be dismissed from his/her work on the initiative of the owner of the enterprise, institution, establishment, organization or of a body authorized by the owner or of the commander of the military unit (formation). A candidate may not be transferred to another job, sent on a business trip or called up for military or alternative (non-military) service, training (testing) or special drills of conscripts without his consent.
3. A candidate to the post of President of Ukraine shall enjoy free travel by all means of passenger transport (except taxi) on the territory of Ukraine at the expense of funds from the State Budget of Ukraine allocated for the preparation and conduct of the elections of the President of Ukraine.
4. The State shall provide security to the candidates to the post of President of Ukraine during the election process in accordance with the Law of Ukraine "On the Security of State Bodies and Officials provided by the State".
Article 66. Authorized Representatives of Candidates to the Post of President of Ukraine
1. A candidate to the post of President of Ukraine registered with the CEC shall have the right to delegate one authorized representative to the CEC who shall represent his/her interests at the CEC during the election process and hold the right to an advisory vote.
2. A citizen of Ukraine who has the right to vote may be the authorized representative of a candidate to the post of President of Ukraine in the Central Election Commission. A member of an election commission, an offal of bodies of the executive power or bodies of local self-government, a military serviceman, a serviceman from the rank or commanding staff of bodies of the interior of Ukraine or the Security Service of Ukraine, or a person, who undergoes alternative (non-military) service may not be the authorized representative of a candidate to the post of President of Ukraine.
3. The application for registering a person as authorized representative of a candidate to the post of President of Ukraine, signed and certified in accordance with the procedure established by law, shall be submitted to the Central Election Commission alongside the application for registration of the candidate to the post of President of Ukraine. The name, surname and patronymic of the authorized representative, his/her citizenship, the day, month and year of birth, the place of work, the occupied position (occupation), the place of residence and the telephone number shall be indicated in the application for registration of the authorized representative of the candidate to the post of President of Ukraine. The written consent of this person to represent the interests of the candidate to the post of President of Ukraine in the Central Election Commission shall be attached to the application.
4. The Central Election Commission shall no later than the third working day after the receipt of the documents indicated in part three of this article register the authorized representative of the candidate to the post of President of Ukraine in the Central Election Commission and issue him/her a certificate according to the form established by the Central Election Commission. In case the candidate to the post of President of Ukraine is denied registration (registration cancelled) the powers of the authorized representative of the candidate in the Central Election Commission shall be considered terminated from the moment the indicated circumstances occur.
5. The authorized representative of a candidate to the post of President of Ukraine shall have the right from the day he/she is registered by the Central Election Commission till the termination of his/her powers or the completion of the election process to be released from his/her work or service duties without preservation of salary with the consent of the owner of the enterprise, institution, organization or a body authorized by him.
6. The authorized representative of a candidate to the post of President of Ukraine shall have the right at any time prior to the day of elections to address the Central Election Commission with an application to terminate his/her powers.
7. A candidate to the post of President of Ukraine may at any time prior to the day of elections or the day of repeat voting take a decision to recall his/her authorized representative and delegate another candidacy in stead of him/her. The relevant application together with a copy of the decision and other documents shall be submitted to the Central Election Commission in accordance with the procedure established in part three of this article.
8. Based on an application submitted in accordance with part six and seven of this article, the Central Election Commission shall no later that the third working day after its receipt, or if submitted on the eve of the day of elections - immediately, take a decision on cancelling the registration of the authorized representative of the candidate. A copy of the decision shall be issued to the authorized representative of the candidate or sent to the address of the candidate to the post of President of Ukraine.
9. The certificate of the authorized representative of a candidate to the post of President of Ukraine, whose powers have been terminated prior to the end of election process, shall be returned to the Central Election Commission immediately.
10. The authorized representative of a candidate to the post of President of Ukraine in the Central Election Commission shall be entitled:
1) to be present at all sessions of the Central Election Commission during discussions of issues related to the elections of the President of Ukraine and to participate in the discussion of them with the right of an advisory vote;
2) to familiarize him/herself with the content of the minutes of the sessions of the Central Election Commission, its decisions, and the documents and materials based on which these decisions were taken, and to receive copies of these decisions;
3) to immediately familiarize him/herself with the protocols, telephone messages, and other official information which arrive to the Central Election Commission from territorial election commissions about the results of the vote in the respective territorial election district, as well as with the protocols of the respective polling station election commissions about the count of the votes in the election precinct; and
4) to other rights envisaged by this Law.
Article 67. Proxies of the Candidate to the Post of President of Ukraine
1. A candidate to the post of President of Ukraine may have no more than five proxies in the single nationwide election constituency and one proxy in each territorial election district. The proxy of a candidate must comply with the requirements indicated in part two of article 64 of this Law.
2. The proxies of the candidate to the post of President of Ukraine shall conduct the campaign for his/her election as President of Ukraine, assist the candidate to the post of President of Ukraine in the election process, and represent his/her interests in relation to election commissions, other state bodies and bodies of local self-government, the mass media, public associations and voters.
3. The application for registering a person as proxy of a candidate, signed by the candidate to the post of President of Ukraine and certified in accordance with the procedure established by law, shall be submitted to the Central Election Commission at any time after the registration of the candidate. The name, surname and patronymic of each proxy, his/her citizenship, the day, month and year of birth, the place of work, the occupied position (occupation), place of residence and telephone number shall be indicated in the application for registration of the proxies. The written consent of these persons to represent the interests of the candidate to the post of President of Ukraine in the respective election district shall be attached to the application. The signatures of the mentioned persons shall be certified in accordance with the procedure established by law.
4. The Central Election Commission shall no later than on the third day after the receipt of the documents mentioned in part three of this article register the proxies of a candidate to the post of President of Ukraine and issue their certificates according to the form established by the Central Election Commission to the authorized representative of the candidate.
5. The proxy of a candidate to the post of President of Ukraine shall have the right from the day he/she is registered the Central Election Commission till the termination of his/her powers or the completion of the election process to be released from his/her work or service duties without preservation of salary with the consent of the owner of the enterprise, institution, organization or a body authorized by him.
6. In case the registration of a candidate to the post of President of Ukraine is cancelled, the powers of the proxies of the candidate shall be considered terminated from the day the decision to cancel the registration was taken.
7. The proxy of a candidate to the post of President of Ukraine shall have the right at any time prior to the day of elections to address the Central Election Commission with an application to terminate his/her powers.
8. A candidate to the post of President of Ukraine may at any time prior to the day of elections or the day of repeat voting take a decision to recall his/her proxy and to submit another candidacy in stead of him/her. The relevant application together with the written consent of the submitted candidacy shall be submitted to the Central Election Commission in accordance with the procedure established in part three of this article.
9. Based on an application submitted in accordance with part seven and eights of this article, the Central Election Commission shall no later that the third day after its receipt, or if submitted on the eve of the day of elections - immediately, take a decision on cancelling the registration of the proxy of the candidate. A copy of the decision shall be issued to the authorized representative of the candidate or sent to his/her address.
10. The certificate of the proxy of a candidate to the post of President of Ukraine, whose powers have been terminated prior to the end of election process, shall be returned to the Central Election Commission immediately.
Article 68. Official Observers
1. Official observers from candidates to the post of President of Ukraine and from the parties (blocs) that nominated candidates may take part in the election process. Official observers from foreign states and international organizations may observe the course of the election process.
2. The powers of the official observers shall commence from the day they are registered by the respective election commission in accordance with the procedure envisaged by this Law, and shall terminate after the Central Election Commission has determined the results of the elections of the President of Ukraine.
3. The election commission, which registered the official observer, may terminate his/her powers before term in case facts of his/her gross or continuous violation of the Constitution of Ukraine and the laws of Ukraine are identified. The decision to terminate the powers of an official observer shall be motivated.
Article 69. Official Observers from Candidates to the Post of President of Ukraine and from Parties (Blocs) that Nominated a Candidate
1. A citizen of Ukraine who has the right to vote and is not a member of election commission may be an official observer from a candidate to the post of President of Ukraine or from the a party (bloc) that nominated a candidate who was registered by the Central Election Commission. A member of an election commission, an official or officer of bodies of the executive power and bodies of local self-government, servicemen from the rank or commanding staff of bodies of the interior of Ukraine or the Security Service of Ukraine, or a person who undergoes alternative (non-military) service may not be an official observer.
2. The territorial election commission shall register the official observer from a candidate to the post of President of Ukraine based on a submission by the proxy of the candidate in the respective election district signed by this proxy.
3. The territorial election commission shall register an official observer from a party (bloc) that nominated a candidate to the post of President of Ukraine based on a submission from respectively the republican party branch in the Autonomous Republic of Crimea, the oblast, the Kyiv city or the Sevastopol city party branch (branch of parties that are members of the bloc) that nominated the candidate, on the condition that these branches are registered in accordance with the procedure established by law, and it shall be signed by the head of the respective party branch (branch of the parties that are members of the bloc) and certified with the seal of this party branch (the seals of the respective branches of the parties that are members of the bloc).
4. The submission for registration of official observers shall contain their names, surnames and patronymics, their citizenship, place of residence and telephone numbers. A statement of consent of these persons to be official observers from the respective candidate or from the respective party (bloc) shall be attached to the submission.
5. The submission mentioned in parts three and four of this article for registering an observer from a candidate to the post of President of Ukraine or a party (bloc) that nominated a candidate, shall be submitted to the territorial election commission no later than five days prior to the elections.
6. The respective territorial commission shall no later than on the day following the receipt of the submission issues the official observers a certificate according to the form established by the Central Election Commission.
7. The official observer shall be entitled:
1) to stay at polling stations during the vote and observe the actions of the commission members from any distance including when they issue election ballots to voters and count the votes without physically hindering the work of the commission members;
2) to make photos, films, and audio and video records;
3) to be present when the election ballots are being issued to members of the polling station election commission for organizing the vote for voters beyond the polling premises and during the conduct of such voting;
4) to be present, complying with the requirements of this Law, at sessions of polling station election commissions and territorial election commissions in the respective territorial election district, taking into account the provisions established in part nine of article 28 of this Law, including to be present during the counting of votes in the polling station and the determination of the results of the elections in the territorial election district;
5) to address the respective election commission with a complaint about violations of this Law in case such are detected;
6) to draw up acts on detected violations of this Law, which shall be signed by him/her and not less than two voters who certify the fact of this violation, indicating their surnames, names and patronymics and their addresses of place of residence, and to submit it to the respective election commission within the terms envisaged by article 94 of this Law;
7) to obtain copies of the protocols on the transfer of election ballots and on the count of votes as well as copies of other documents envisaged by this Law; and
8) to have other rights envisaged by this Law.
8. The official observer shall not have the right:
1) to unlawfully interfere in the work of an election commission or to take actions which impede the pace of the election process or hinder election commission members from exercising their powers;
2) to mark an election ballot on behalf of a voter (even if the voter should request so); and
3) to be present in the polling booth (room) for secret voting when a voter marks the ballot;
9. In case an official observer gravely or systematically violates the requirements of part eight of this article, the election commission may take a decision following the procedure envisaged by part eleven of Article 28 of this Law, to deprive him/her of the right to be present at the session of the election commission.
10. A governing body of the republican in the Autonomous Republic of Crimea, the oblast, the Kyiv city or Sevastopol city branch of a party (branches of parties that are members of a bloc), or a proxy of a candidate to the post of President of Ukraine on behalf of the candidate shall have the right to recall the official observer by way of addressing the respective territorial election commission with a written application for the termination of his/her powers, and to submit documents for the registration of another person in accordance with the procedure established by this Law.
11. The official observer shall have the right at any time to address the territorial election commission with a statement of termination of his/her powers. The territorial election commission shall based on such statement take a decision, a copy of which shall be given to the proxy of the candidate or sent to the respective branch of the party (bloc).
Article 70. Official Observers from Foreign States and International Organizations
1. Official observers from foreign states and international organizations shall be registered by the Central Election Commission. Proposals concerning their registration shall be submitted directly to the Central Election Commission or via the Ministry of Foreign Affairs of Ukraine no later than ten days prior to the day of elections.
2. The Central Election Commission shall no later than five days prior to the day of elections take a decision on registering official observers from foreign states and international organizations.
3. The Central Election Commission shall issue certificates of the form established by it to official observers from foreign states and international organizations.
4. Official observers from foreign states and international organizations shall exercise their powers on the territory of Ukraine.
5. The official observer from a foreign state or an international organization shall be entitled:
1) to be present at meetings with voters held by candidates to the post of President of Ukraine, their proxies or representatives of the parties (blocs) that nominated candidates, at pre-election meetings and rallies, and at sessions of election commissions;
2) to familiarize him/herself with pre-election campaign materials;
3) to be present in polling stations during the vote and count of votes, as well as during the determination of the results of the elections by territorial election commissions;
4) to make photos, films, and video and audio recording;
5) to express his/her suggestions regarding the administration of the elections to the President of Ukraine and the improvement of the legislation of Ukraine taking into account international experience, and to hold press-conferences complying with the requirements of the legislation of Ukraine; and
6) to set up, together with other observers from foreign states and international organizations, ad hoc groups of observers, subject to approval by the Central Election Commission, aimed at coordinating their activities within the powers envisaged by this Law;
6. Official observers from foreign states and international organizations shall make their observations individually and independently.
7. The Ministry of Foreign Affairs of Ukraine, other bodies of the executive power, bodies of local self-government and election commissions are obliged to assist the official observers from foreign states and international organizations in exercising their powers.
8. Financial and material support to the activities of official observers from foreign states and international organizations shall be provided at the expense of funds from the states or organizations, which sent them to Ukraine, or at these observers' own expense.
9. Official observers from foreign states and international organizations shall not have the right to use their status in activities, which are not related to the observation of the election process, nor to interfere in the work of the election commissions.
Chapter X
THE CONDUCT OF THE VOTE AND THE DETERMATION OF THE RESULTS OF THE ELECTIONS OF THE PRESIDENT OF UKRAINE
Article 71. The Election Ballot
1. The Central Election Commission shall no later than 30 days prior to the day of elections approve the form and the text of the election ballot for voting on the day of the elections of the President of Ukraine, as well as the form of the election ballot for repeat voting. The Central Election Commission shall no later than ten days prior to the day of the repeat vote approve the text of the election ballot for repeat voting.
2. Election ballots are documents subject to strict reporting.
3. The election ballot must contain the type and date of the elections (the ballot for repeat voting - the date of the repeat vote), the number of the territorial election district, the number of the election precinct, except for special precincts created according to part ten of article 20, as well as designated places for the seal of the polling station election commission, and the surname, initials and signature of the member of the polling station election commission who will issue the election ballot.
4. The election ballot for voting on the day of elections shall be completed with information, in alphabetic order by surnames, about the registered candidates to the post of President of Ukraine, indicating their surnames, names and patronymics, their year of birth, place of residence, place of work (occupation), the party affiliation of the candidate, and the subject that nominated the candidate. An empty square box shall be placed to the right of the information about each candidate. The following text shall be indicated in the election ballot after the surnames of all candidates: "I do not support any candidate to post of President of Ukraine" and an empty square box shall be placed to the right of these words.
5. The election ballot must contain an explanation to the voter about the procedure for marking the ballot during the vote.
6. The election ballot shall have a control coupon separated from it by a perforation line. The control coupon must contain the type and date of the elections (date of the repeat vote), the number of the territorial election district, the number of the election precinct, as well as designated places for the number, under which the voter is entered into the list of voters in the precinct, the signature of the voter, who receives the election ballot, the surname, initials and signature of the member of the polling station election commission, who will issue the election ballot.
Article 72. The Procedure for the Production of Election Ballots
1. The Central Election Commission shall ensure that state printing houses no later than ten days prior to the day of elections centrally produces the election ballots for voting on the day of elections based on an agreement, which it shall conclude with these printing houses. Election ballots for repeat voting must be produced according to the same procedure no later than six days prior to the day of the repeat vote.
2. Technical waste and misprints, as well as the printing plates must be destroyed in accordance with the procedure and the terms specified in the contract for producing the election ballots.
3. The Central Election Commission shall receive the election ballots in the package of the producer.
4. The election ballots for voting on the day of elections or on the day of repeat voting shall be printed on identical paper according to the form and with the text approved by the Central Election Commission, and they must be equal in size, colour and content.
5. The election ballot shall be printed in the state language on one sheet of paper with text on one side only.
6. In a special election precinct created on board a vessel, which are at sea under the State Flag of Ukraine on the day of elections, or at polar stations of Ukraine, election ballots may, as an exemption, with the permission of the Central Election Commission, be produced directly by the polling station election commission.
7. In case a decision to register a candidate to the post of President of Ukraine is cancelled, the Central Election Commission shall take a decision on entering changes into the election ballot. Members of the polling station election commission shall enter such changes into election ballots using the relevant stamp. Every voter shall be informed about the changes made to election ballots when the election ballots are being issued.
8. An election ballot, in which the changes envisaged by part seven of this article have not been entered, shall be considered invalid. An election ballot, in which changes have been entered without a decision of the Central Election Commission or not in compliance with such decision, shall be considered invalid.
Article 73. The Procedure for the Transfer of Election Ballots to Election Commissions
1. The territorial election commission shall receive election ballots from the Central Election Commission at its session. The territorial election commission shall complete a protocol on the receipt of the election ballots according to the form established by the Central Election Commission. The protocol shall be completed in three copies and signed by all members of the territorial election commission and the representatives of the Central Election Commission that did the transfer of the election ballots, as well as by the candidates to the post of President of Ukraine, their proxies and official observers from candidates and parties (blocs) that are present at the session of the commission. The first copy of the protocol shall be forwarded to the Central Election Commission, the second - shall be kept in the territorial election commission, and the third - shall immediately be displayed in the premises of the territorial election commission for public familiarization.
2. The territorial election commission shall provide storage and safety for the election ballots obtained from the Central Election Commission. Election ballots shall be stored in the premises of the territorial election commission in a safe (metal strong-box), which shall be sealed with a strip marked with the signatures of all those present at the session of the commission and certified with the seal of the commission and shall constantly (prior to the day of elections) be guarded by an officer of bodies of the Ministry of Interior of Ukraine.
3. The territorial election commission shall no later than three days prior to the day of elections at its session hand over the election ballots to the polling station election commissions. No less than three members of each polling station election commission, who must be representatives of different candidates to the post of President of Ukraine, shall receive the ballots on behalf of the commission.
4. A protocol on the transfer of the election ballots from the territorial election commission to the polling station election commissions shall be completed according to the form established by the Central Election Commission, indicating the following:
1) the number of the territorial election district;
2) the number of the election precinct;
3) the number of voters in the election precinct according the list of voters on the day the protocol was completed;
4) the number of election ballots for voting transferred to the election precinct;
5) the surnames and signatures of the members of the polling station election commission who received the election ballots; and
6) the number of election ballots, which remain in storage at the territorial election commission.
5. The protocol on the transfer of election ballots to the polling station election commissions shall be completed in three copies and signed by all members of the territorial election commission present at the session, as well as by candidates for the post of President of Ukraine, their proxies and official observers from candidates and parties (blocs) present at the session of the commission. The first copy of the protocol shall be forwarded to the Central Election Commission, the second - shall be kept in the territorial election commission, and the third - shall immediately be posted in the premises of the territorial election commission for public familiarization. An extract from the protocol containing the information about the respective polling station election commission shall be handed out to the representatives of each polling station election commission who received election ballots.
6. Election ballots shall be transferred to election commissions at election precincts abroad in accordance with the procedure established by the Central Election Commission.
7. All election ballots containing numbers of election precincts shall be transferred to the corresponding polling station election commissions. Election ballots without a number of an election precinct shall be transferred to election commissions at election precincts formed according to part ten of article 20 of this Law in a quantity, which is equal to the number of citizens included in the list of voters in the election precinct on the day of the receipt of the election ballots, together with a reserve, the size of which shall be determined by the Central Election Commission.
8. Each member of the territorial election commission, each candidate to the post of President of Ukraine, his/her proxy and the official observer from a candidate or party (bloc), who were present during the transfer of the election ballots, shall have the right on their request to immediately obtain copies of the protocols mentioned in parts one and five of this article, certified by the chairperson and the secretary of the territorial election commission and with the seal of the commission, in the amount of no more than one copy of a protocol per commission member and per candidate to the post of President of Ukraine.
9. The members of the polling station election commission shall transport the received election ballots to the premises of the polling station election commission accompanied by an officer of bodies of the Ministry of Interior.
10. The receipt of the election ballots shall be carried out immediately after the arrival of the commission member that received the ballots at a session of the polling station election commission. The members of the polling station election commission shall during this recount the received ballots and place the seal of the polling station election commission in the designated fields on each election ballot. At election precincts formed according to part ten of article 20 of this Law, as well the number of the election precinct shall be placed in the designated fields on the election ballot and its control coupon. In case of a discrepancy between the number of ballots established during the recount and the number of ballots indicated in the extract of the protocol of the territorial election commission on the transfer of ballots, the polling station election commission shall complete an act in two copies, according to the form established by the Central Election Commission, indicating the reason for the discrepancy established by a decision of the polling station election commission. One copy of the act shall be forwarded to the territorial election commission, while the second shall be kept in the polling station election commission. In case of the above discrepancies, the number of ballots, established at the session of the polling station election commission and fixed in the act on the discrepancies, shall be considered the number of election ballots received by the polling station election commission.
11. The election ballots shall be stored in the premises of the polling station election commission in a safe (metal strong-box), which shall be sealed with a strip marked with the signatures of all those present at the session of the commission and verified with the seal of the commission and shall constantly (prior to the day of elections) be guarded by an officer of bodies of the Ministry of Interior of Ukraine.
1. Voting shall be conducted in specially allocated and equipped premises, in which booths (rooms) for secret voting shall be arranged and places assigned for issuing election ballots and for placing the ballot boxes. The polling station election commission shall be responsible for arranging the voting premises.
2. Executive bodies of local self-government or other bodies (officers), which according to law exercise their powers, shall provide the election precinct with the necessary premises for voting, which shall be suitable for being equipped in accordance with the requirements of this Law and regulations adopted by the Central Election Commission. Voting premises in small election precincts (with up to 500 voters) must have not less than 50 square meters, medium precincts (from 500 up to 1,500 voters) - not less than 75 square meters, and large precincts (with more than 1,500 voters) - not less than 90 square meters.
3. Voting premises must be equipped with a sufficient number of booths (rooms) for secret voting. For small election precincts, the number of such booths (rooms) shall be no less than two, for medium precincts - no less than four, and for large precincts - no less than six. The location of the equipment in the voting premises shall be planned in such a way that the place for issuing election ballots, the entrance and the exit from the ballot booths (rooms) for secret voting and the ballot boxes are within sight of members of the polling station election commission and persons who in accordance with this Law have the right to be present in the voting premises.
4. Every election precinct shall be provided with the necessary number of large (stationary) and small (mobile) ballot boxes. The Central Election Commission shall determine the dimensions of the ballot boxes and the transparent material, of which they shall be produced. Small election precincts must have not less than two large and two small ballot boxes, medium precincts - not less than three large and two small ballot boxes, and large precincts - not less than four large and three small ballot boxes. The ballot boxes shall be placed in the voting premises in such way that voters will pass through the booths (rooms) for secret voting on their way to them.
5. The polling station election commission must in the voting premises or directly in front of them place posters that explain the voting procedure and the liabilities for violations of the legislation on the elections of the President of Ukraine, and information posters of the candidates for the post of President of Ukraine, that shall be placed in alphabetic order (in the order the candidates appear on the election ballot).
Article 75. Preparations for the Vote on the Day of Elections (the Day of Repeat Voting)
1. Voting on the day of elections and on the day of repeat voting shall commence from 8:00 till 20:00 hrs. At polling stations abroad, the voting process shall commence according to the local time in the country where these polling stations have been formed.
2. The polling station election commission shall notify voters about the hours and place of voting at least seven days prior to the day of elections, or in exceptional cases, where election precincts have been formed according to part ten of article 20 of this Law - on the eve of the elections.
3. The polling station election commission shall bear the responsibility for organizing the conduct of the vote, for maintaining proper order in the voting premises and for ensuring the secrecy of the will of voters during the voting process.
4. The polling station election commission shall not earlier than forty-five minutes prior to the beginning of the vote hold a session, on which the safe (metal strong-box) containing the election ballots shall be opened. Based on the extract from the protocol of the territorial election commission on the transfer of election ballots to the polling station election commission or the act mentioned in part ten of article 73 of this Law, the chairperson of the polling station election commission shall announce the number of election ballots received by the polling station election commission. The secretary of the commission shall enter this information into the protocol of the polling station election commission on the count of the votes of voters in the election precinct.
5. In case it is revealed that the strip, with which the safe (metal strong-box) was sealed, has been damaged or is marked with non-corresponding signatures or seal, the polling station election commission shall immediately notify a body of the Ministry of Interior and the territorial election commission about this. The members of polling station election commission shall then recount the election ballots, about which an act shall be completed, signed by all those who are present at the session of the polling station election commission and certified with the seal of the commission. The number of election ballots indicated in the aforementioned act shall be considered the actual number of election ballots received by the polling station election commission.
6. The polling station election commission of an ordinary election precinct shall determine the number of voters who received absentee voting certificates for the respective election and count the remaining number of unused absentee voting certificate forms. The unused certificate forms shall be invalidated by way of tearing off their bottom-right corner. An act on the invalidation of the forms of the respective absentee voting certificates shall be completed according to the form established by the Central Election Commission. The act shall contain the following:
1) the number and serial numbers of the absentee voting certificate forms received by the polling station election commission;
2) the number of voters, who received absentee voting certificates;
3) the number of unused absentee voting certificates; and
4) the number of invalidated absentee voting certificates;
7. When completing the act mentioned in part six of this article, the polling station election commission shall check if the number of absentee voting certificate forms received is equal to the sum of the number of voters who received such absentee voting certificates and the number of invalidated absentee voting certificate forms. In case of a discrepancy between these data, the polling station election commission shall enter this in the aforementioned act, and shall as well indicate the reason for such discrepancy established in a decision of the polling station election commission.
8. Invalidated unused forms of the respective absentee voting certificates shall be packaged. The package shall be marked with the inscription "Invalidated forms of absentee voting certificates giving the right to participate in the elections of the President of Ukraine" and with an indication of the number of the territorial election district and the number of the election precinct, the date and time of packaging, the number of invalidated absentee voting certificate forms contained therein, and it shall be signed by the members of the polling station election commission present and certified with the seal of the commission.
9. The package with the invalidated absentee voting certificate forms and the act regarding their invalidation shall be delivered to the territorial election commission together with the election documentation mentioned in part nine of article 79 of this Law.
10. At the session of the polling station election commission prior to the beginning of voting, the chairperson of the commission shall provide all available ballot boxes at the polling station, one by one, for examination to the members of the polling station election commission, to candidates to the post of President of Ukraine, their proxies, official observers and representatives of mass media who are present. After having been examined, each ballot box shall be leaded or sealed with the seal of the polling station election commission, and then a control sheet shall be cast in it, indicating the number of the territorial district, the number of the election precinct, the time it was cast in the ballot box, the signatures of the chairperson, the secretary and of other members of the polling station election commission, and the signatures of candidates, their proxies and official observers, who are present during this. These persons shall sign the control sheet and their signatures shall be verified with the seal of the commission. When a control sheet has been cast, the chairperson of the commission shall present the next ballot box for examination and conduct the same procedure with it. When the last ballot box has been sealed and the control sheet cast in it, and the big (stationary) ballot boxes have been placed in their designated places, the polling station shall be considered ready for voting. The small (mobile) ballot boxes shall be placed in the voting premises with their ballot slots facing down within the sight of the commission members and other persons present in the polling station during the voting in accordance with the requirements of this Law.
Article 76. The Organization and Procedure of Voting
1. During the voting in the election precinct a member of the polling station election commission shall, based on the list of voters for the respective election precinct, issue one election ballot for voting to the voter, on the condition that the voter provides one of the documents specified in part two of article 2 of this Law, which certifies his/her identity and citizenship. The voter shall sign for the receipt of the election ballot in the designated place on the control coupon of the election ballot and in the list of voters. The member of the polling station election commission who issues the election ballot shall write his/her surname, initials and signature in the designated place on the election ballot and on the control coupon. It shall be prohibited to put any marks on the election ballots.
2. A voter who on the day of elections arrived to vote at the election precinct with an absentee voting certificate or with a court decision about his/her inclusion in the list of voters at the respective election precinct shall be included in the list of voters in accordance with the procedure established by parts nine and ten of article 34 of this Law. The voter shall be issued an election ballot in accordance with the procedure established in part one of this article.
3. A voter may only stay in the voting premises during the time necessary for voting.
4. A voter shall personally mark the election ballot in the booth (room) for secret voting. The presence of other persons while election ballots are being marked shall be prohibited. A voter, who due to physical disability cannot mark the election ballot personally, shall have the right after notifying the chairperson or another member of the polling station election commission to require the assistance of another voter, except for members of the election commission, candidates to the post of President of Ukraine, their proxies and official observers.
5. A voter shall not have the right to give his/her election ballot to other persons. It is prohibited to receive an election ballot from other persons (except for the authorized member of the election commission who issues ballots) or to encourage or force voters to give their ballots to other persons by means of bribe, threat or otherwise.
6. The voter shall place the mark "plus" ("+") on the election ballot for voting or another mark that indicates his/her will in the square box next to the surname of the candidate to the post of President of Ukraine for whom he/she is voting. The voter may only vote for one candidate or not support any candidate to the post of President of Ukraine. In case the voter does not support any candidate, he/she shall place the mark "plus" ("+") or another mark that indicates his/her will in the square box next to the words: "I do not support any candidate to the post of President of Ukraine".
7. The voter shall cast the marked election ballot into the ballot box. A voter, who due to physical disability cannot cast them personally into the ballot box, shall have the right after notifying the chairperson or another member of the polling station election commission to entrust another person except for members of the election commission, candidates to the post of President of Ukraine, their proxies and official observers to do this in his/her presence.
8. In case a ballot box is damaged during the vote, the chairperson and no less than three members of the election commission, who are representatives of different candidates to the post of President of Ukraine, shall seal the ballot box by in a way which makes it impossible to cast election ballots. This ballot box shall be kept in the voting premises within the sight of the commission members and other persons, who are present in the polling station during the vote in accordance with the requirements of this Law, and shall not be used till the end of the vote.
9. In case a voter makes a mistake when marking an election ballot, he/she shall have the right immediately to address the member of the election commission, who issued him/her the ballot, with a written request to be issued another election ballot. The member of the election commission shall issue another election ballot in accordance with the procedure established by part one of this article, but only in exchange of the spoiled ballot, about what he/she shall make a note in the list of voters opposite the surname of the voter and put his/her signature. The spoiled election ballot shall immediately be invalidated as unused, about what an act shall be completed. The spoiled and invalidated election ballot shall be counted as unused during the count of the votes and shall together with the control coupon be packed in the package with unused election ballots.
10. At 20:00 the chairperson of the polling station election commission shall announce the end of the vote, after what time only the voters who are present in the voting premises shall have the right to vote. Continued voting after the time established by this Law shall not be permitted After the last voter has left the voting premises, the premises shall be locked, and only members of the commission and the persons entitled by this Law to be present at the session of the election commission shall remain in it.
11. At an election precinct created on board a vessel, which is at sea under the State Flag of Ukraine on the day of elections, or at a polar station of Ukraine, the respective polling station election commission may declare the end of the vote earlier than the time, specified in part one of article 75 of this Law, if all the voters in the list of voters have taken part in the vote. The count of the votes at such precincts shall be carried out immediately after the announcement of the end of the vote in accordance with the procedure established by this Law.
Article 77. The Procedure for Organizing Voting Beyond the Voting Premises
1. A voter, who due to his/her health conditions, is not able to come to the voting premises of the ordinary election precinct where he/she is included in the list of voters, as well as a voter included in the list of voters in a special election precinct formed in a stationary medical institution who because being confined to bed is unable to come to the voting premises, shall have the right to address the polling station election commission with a written application to provide him/her with the possibility to vote beyond the voting premises. Such application, indicating the place of stay of the voter, may be submitted no later than twelve hours prior to the beginning of the vote.
2. The polling station election commission shall register the application from a voter to vote beyond the voting premises in a separate register, where the day and time of its receipt, the surname, name and patronymic and the place of residence (place of stay) of the voter shall be indicated.
3. Based on the applications mentioned in part one of this article, the polling station election commission on the eve of the day of the elections after the expiry of the term for submission of such applications make an extract from the list of voters in accordance with the form established by the Central Election Commission. Simultaneously, the secretary of the polling station election commission shall enter the record "will vote at place of stay" in the column "signature of the voter".
4. Voting for voters beyond the voting premises shall be organized by at least three members of the polling station election commission delegated by the election commission. These members of the commission must be representatives of different candidates to the post of President of Ukraine.
5. Voting for voters beyond the voting premises shall be organized in such way that the voters can have accomplished the vote no later than one hour prior to the end of the vote.
6. The chairperson of the polling station election commission shall be obliged to announce that members of the polling station election commission are leaving to organize voting for voters beyond the voting premises. The members of the election commission shall be provided with election ballots in a quantity equal to the number of voters in the extract from the list of voters, the extract from the list of voters and a leaded or sealed mobile ballot box in which the control sheet shall be cast at this time. This sheet shall contain an indication of the time of departure (hour, minutes) of the election commission members to conduct the voting beyond the voting premises, the number of election ballots received and the surnames and initials of the members of the polling station election commission who were provided with election ballots. The control sheet shall be signed by the members of the election commission, by the candidates for the post of President of Ukraine, their proxies and official observers present, and their signatures shall be verified with the seal of the commission.
7. Official observers shall have the right to be present during the conduct of voting beyond the voting premises.
8. During the voting beyond the voting premises a member of the polling station election commission shall, based on the extract from the list of voters, issue one election ballot to the voter, on the condition that the voter provides one of the documents indicated in part two of article 2 of this Law, which certifies his/her identity and citizenship. The member of the polling station election commission shall write his/her surname, initials and signature in the designated place on the election ballot and on the control coupon. The voter shall sign the control coupon of the election ballot and the extract from the list of voters, and shall mark the election ballot in accordance with the procedure, envisaged by part six of article 75 of this Law, and cast it in the ballot box.
9. After voting beyond the voting premises has been completed, the member of the polling station election commission who issued the election ballot to the voter shall enter the record "have voted at place of stay" in the list of voters next to the surname of the voter, and shall indicate his/her surname and initials and put his/her signature.
10. The extract from the list of voters, according to which the voting of voters beyond the voting premises was organized, shall be attached to the list of voters and shall be an integrated constituent part of it. The written applications of the voters, based on which this voting was conducted, shall be attached to the list of voters.
11. The provisions of this article shall not be extended to election precincts abroad.
Article 78. The Procedure for the Count of Votes at the Election Precinct
1. The count of the votes of voters in the election precinct shall be conducted openly and jointly by the members of the polling station election commission at its session, which shall take place in the same premises, where the vote was held.
2. The session of the precinct election commission shall begin immediately after the end of the vote, shall commence without break and shall end after the protocols on the count of the votes of voters in the election precinct have been completed and signed.
3. If necessary, the polling station election commission shall consider issues envisaged by part eight of article 28 of this Law at the beginning of the session.
4. The polling station election commission shall conduct the count of the votes of voters in the election precinct according to the sequence specified in the provisions of this article.
5. If amendments were made to the list of voters in the election precinct during the vote, the list of voters shall be signed and sealed by the chairperson and the secretary of the polling station election commission after the vote has finished.
6. The polling station election commission shall determine the number of voters in the election precinct according to the list of voters. This number shall be announced and entered into the protocols on the count of the votes of voters in the election precinct by the secretary of the commission.
7. The polling station election commission shall count unused election ballots. The number of such ballots shall be announced and entered in the protocols on the count of the votes of voters in the election precinct by the secretary of the commission. Unused ballots shall be invalidated by way of tearing off the lower-right corner of the ballot paper. Invalidated unused ballots shall be packaged together with the ballots mentioned in part nine of article 76 of this Law. The package shall be marked with the inscription "Unused election ballots" and with an indication of the number of the territorial election district, the number of the election precinct, the number of election ballots contained therein, and the date and time of their packaging, and it shall be signed by the members of the polling station election commission present and certified with the seal of the commission.
8. The polling station election commission shall count the number of voters who received election ballots according to the signatures of voters in the list of voters. This number shall be announced.
9. The polling station election commission shall count the number of control coupons of election ballots bearing signatures of voters and the signatures of the members of the commission who issued them. This number shall be announced.
10. If the number of control coupons indicated in the part nine of this article corresponds to the number of voters who received the election ballots mentioned in part eight of this article, this number shall be announced and entered into the protocols on the count of the votes of voters in the election precinct in the column "The number of voters who received election ballots."
11. If the number of control coupons indicated in part nine of this article does not correspond to the number of voters in the list of voters who received election ballots, an act, indicating the reason for the discrepancy established by a decision of the polling station election commission, shall be completed and signed by the members of polling station election commission present. Candidates, their proxies and official observers present shall be entitled to sign this act. The signatures shall be verified with the seal of the commission. Then the commission shall take a decision on determining the number of voters who received election ballots. This number shall be announced and entered into the protocols on the count of the votes of voters in the election precinct.
12. The list of voters, the extract from the list of voters attached to it, prepared pursuant to part three of article 77 of this Law, the applications, which served as basis for compiling the extract from the list, the absentee voting certificates, the court decisions on including a voter into the list of voters on the day of voting shall be packed in a separate package. The package shall be marked with the inscription "The list of voters", the number of the territorial election district, the number of the election precinct, the date and time of packaging, and it shall be signed by the members of the polling station election commission present and certified with the seal of the commission.
13. The control coupons of election ballots shall be packed. The package shall be marked with the inscription "Control coupons" and with an indication of the number of the territorial election district, the number of the election precinct, the number of control coupons contained therein and the date and time of packaging, and it shall be signed by members of the polling station election commission and certified with the seal of the commission.
14. The polling station election commission shall check if the sum of the number of unused election ballots and the number of voters who received election ballots is equal to the number of election ballots received by the polling station election commission. In case of a discrepancy between these data, the polling station election commission shall complete an act indicating the reason for the discrepancy established by a decision of the polling station election commission, which shall be signed by the members of the polling station election commission present. Candidates, their proxies and official observers present shall be entitled to sign this act. The signatures shall be verified with the seal of the commission.
15. The polling station election commission shall check the integrity of the leads or seals on the ballot boxes.
16. If any damage to the leads or seals that violates the integrity of a ballot box in found, an act shall be completed indicating the nature of the damages, which shall be signed by the members of the polling station election commission present. Candidates, their proxies and official observers present shall be entitled to sign this act. The signatures shall be verified with the seal of the commission.
17. The polling station election commission shall open the ballot boxes in sequence. The mobile ballot boxes that were used by voters voting outside the voting premises shall be opened first, and the ballots boxes with damaged leads or seals, or any other damages revealed during the vote, if such exist, shall be opened last.
18. When an undamaged ballot box is opened, its content shall be dropped to a table around which the members of the polling station election commission shall be placed, and at this point the presence in the ballot box of the control sheet (for a mobile ballot box - the control sheets) shall be checked.
19. Election ballots from a damaged ballot box shall be taken out one by one without mixing them up. During this, the polling station election commission shall count the number of ballots found in this ballot box. The presence in the ballot box of the control sheet, which must be taken out last, shall also be checked.
20. If there is no control sheet in a ballot box, the polling station election commission shall in accordance with the procedure established by this article complete an act about the absence of the control sheet in the ballot box, indicating the number of election ballots found in the ballot box. These ballots shall not be taken into consideration when determining the total number of voters who participated in the voting and when counting the votes of voters.
21. If more ballots than stated on the control sheet in a mobile ballot box is revealed when it is opened, the polling station election commission shall in accordance with the procedure established by this article complete an act about such a discrepancy indicating the number of election ballots found in this box. These ballots shall not be taken into consideration when determining the total number of voters who participated in the voting and when counting the votes of voters.
22. In case any doubts about the authenticity of a control sheet are raised and in other doubtful cases, the polling station election commission shall take a vote on a decision to announce the election ballots found in the ballot box as such that shall not be taken into consideration when determining the total number of voters who participated in the voting and when counting the votes of voters.
23. Ballots that are not taken into consideration when determining the total number of voters who participated in the voting and when counting the votes of voters shall be packaged. The package shall be marked with the inscription "Election ballots not to be considered" and with an indication of t he number of the territorial district, the number of the election precinct, the number of election ballots therein, and the date and time of packaging, and it shall be signed by members of the polling station election commission present and verified with the seal of the commission.
24. The election commission shall count the total number of election ballots excluding ballots that are not to be considered. When counting the election ballots, a member of the election commission assigned by the election commission shall count the ballots aloud. All objects that are not election ballots of the established form shall be put aside and not be counted. In case there are any doubts if an object is an election ballot, the election commission shall decide this issue by taking a vote. During this, each member of the election commission shall have the right to examine the object personally. The count of election ballots shall be stopped during the examination of the object. Objects that are not election ballots shall be packed in a separate package. Such objects shall also include control sheets. The package shall be marked with the inscription "Objects" and with an indication of the number of the territorial district, the number of the election precinct, the date and the time of packaging, and it shall be signed by the members of the polling station election commission present and verified with the seal of the commission. The total number of voters that participated in the voting shall be the number determined as the result of the count. This number shall be announced and entered in the protocols on the count of the votes of voters in the election precinct by the secretary of the commission.
25. Election ballots shall be distributed to places marked with separate plates that on both sides contain the surnames and initials of the candidates, the inscriptions "void" and "against all". When distributing the election ballots, the assigned member of the election commission shall show each election ballot to all members of the commission while stating aloud the will of the voter. If there are any doubts as to the content of the election ballot, the election commission shall decide the issue by taking a voting. During this, each member of the commission has the right to examine the election ballot personally. The work with other ballots shall be stopped during the examining of the election ballot.
26. The following election ballots shall be deemed void:
1) on which the seal of this election commission is absent;
2) if the numbers of a territorial district or an election precinct indicated on them do not correspond to the number of the territorial district or the election precinct, where the vote count is carried out;
3) on which the name and (or) the signature of the member of the election commission who issued it is not indicated, or they contain a signature of a person who is not a member of the election commission in this election precinct;
4) if the circumstances specified in the part eight of article 72 of this Law have taken place;
5) if the ballot have been marked with more than one mark against the surnames of candidates or against the a surname of a candidate and the text "I do not support any candidate to the post of President of Ukraine";
6) if they contain no marks at all;
7) if the control coupon is not torn off; and
8) if it for other reasons is impossible to determine the will of the voter.
27. If there are any doubts about the validity of an election ballot, the election commission shall decide on the issue by taking a vote. During this, each member of the commission shall have the right to examine the election ballot personally. The count of other election ballots shall be stopped during the examination of the election ballot.
28. Void election ballots shall be counted separately. This number shall be announced and entered into the protocol on the count of the votes of voters in the election precinct by the secretary of the commission. Void ballots shall be packaged. The package shall be marked with the inscription "Void election ballots" and with an indication of the number of the territorial district, the number of the election precinct, the number of void ballots therein, and the date and time of packaging, and it shall be signed by the members of the polling station election commission and certified with the seal of the commission.
29. The polling station election commission shall count the number of votes of voters cast for each candidate to the post of President of Ukraine, as well as the number of votes of voters who did not support any candidate to the post of President of Ukraine. Each member of the election commission shall during the vote count have the right to check or to recount the respective election ballots. The results of the count of the votes of voters in the election precinct shall be announced and entered into the protocols on the count of the votes of voters in the election precinct by the secretary of the commission.
30. The polling station election commission is obliged during the vote count to check if the number of voters who participated in the voting in the election precinct is equal to the sum of the numbers of void election ballots in the election precinct, election ballots, in which votes were cast for a presidential candidate, and the number of election ballots, in which voters did not support any candidate. In case there is a discrepancy between these data, the polling station election commission shall complete an act indicating the reason for such discrepancy, which shall be signed by members of the polling station election commission present. Candidates, their proxies and official observers present shall be entitled to sign this act. The signatures shall be verified with the seal of the commission.
31. Election ballots containing votes of voters cast for each candidate to the post of President of Ukraine and election ballots, in which voters did not support any candidate, shall be packaged separately. The packages shall be marked with the name and initials of the candidate to the post of President of Ukraine or the inscription "Did not support any candidate" respectively, and with an indication of the number of the territorial district, the number of the election precinct, the number of election ballots contained therein, and the date and time of packaging, and it shall be signed by the members of the polling station election commission present and verified with the seal of the commission.
Article 79. The Protocol of the Polling Station Election Commission on the Count of the Votes of Voters
1. The polling station election commission shall at its session complete the protocol on the count of the votes of voters in the election precinct according to the form established by the Central Election Commission.
2. The polling station election commission shall enter the following information in words and figures into the protocol on the count of the votes of voters in the election precinct:
1) the number of election ballots received by the polling station election commission;
2) the number of voters included in the list of voters in the election precinct;
3) the number of unused election ballots;
4) the number of voters who received election ballots;
5) the number of voters who participated in the vote in the election precinct;
6) the number of election ballots deemed void;
7) the number of votes cast for each candidate to the post of President of Ukraine; and
8) the number of voters who did not support any candidate to the post of President of Ukraine.
3. The polling station election commission shall complete the protocol on the count of the votes of voters in election precinct in a number of copies that exceeds the number of persons who are members of the polling station election commission by four. The copies of the protocol shall be enumerated and shall have equal legal force.
4. The protocol on the count of the votes of voters in the election precinct shall contain the date and time (hour and minutes) when the members of the polling station election commission signed it. The chairperson, the deputy chair, the secretary and other members of the polling station election commission present at the session of the commission shall sign each copy of the protocol. If a signature of a member of the polling station election commission is missing, the reason for the absence of the signature shall be indicated in the protocol opposite his/her name. The protocol shall be certified with the seal of the polling station election commission. Candidates to the post of President of Ukraine, their proxies and official observers, who were present during the count of the votes of voters, shall have the right to sign the first copy of the protocol.
5. It is prohibited to complete the protocols on the count of the votes of voters in the election precinct with pencil, as well as to make any correction to it without an appropriate decision of the commission.
6. If the polling station election commission reveals any inaccuracy (a typo or mistake in figures) after the protocol on the count of the votes of voters in the election precinct in the respective district has been signed, it shall at the same session consider the issue about entering the changes to it by compiling a new protocol, which shall be marked with the note "Corrected". Ballots shall in this case not be recounted. A protocol marked with "Corrected" shall be completed in the number of copies specified in part three of this article.
7. The first and the second copy of the protocol on the count of the votes of voters in the election precinct, and if such exist - also the respective copies of the protocol with the note "Corrected", shall be packaged. The package shall be marked with the inscription "The protocol on the count of votes", and with an indication of the number of the territorial district, the number of the election precinct, and the date and time of packaging, and it shall be signed by the members of the polling station election commission present and verified with the seal of the commission. The secretary of the polling station election commission shall keep the third copy of the protocol on the count of the votes of voters in the election precinct, the forth copy of the mentioned protocol shall immediately be posted for public familiarization in the premises of the polling station election commission, while the rest shall be distributed to the members of the polling station election commission, one copy to each.
8. Candidates to the post of President of Ukraine, their proxies and official observers, who were present during the count of the votes of voters in the election precinct, shall at their request immediately be issued copies, mentioned in this article, of the protocol certified by the chair and the secretary of the polling station election commission and with the seal of the commission, in the amount of no more than one copy of each protocol per candidate and per official observer.
9. The packages with the protocols of the polling station election commission on the count of the votes of voters in the election precinct, election ballots, control coupons and objects, lists of voters, and, in case such exist, dissenting opinions of members of the election commissions executed in written form, acts, statements, complaints, and decisions adopted by the commission, shall immediately after the end of the session of the commission be transferred to the territorial election commission.
Article 80. Invalidation of the Vote in the Election Precinct by the Polling Station Election Commission
1. A polling station election commission may declare the vote in the election precinct invalid if it reveals violations of the requirements of this Law, as a result of which it is impossible to determine the result of the expressed will of the voters with certainty. The polling station election commission may only declare the vote in the election precinct invalid if the following circumstances exist:
1) if the amount of cases of illegal voting (if a person cast the election ballot in the ballot box on behalf of another voter, except for the cases envisaged by part seven of article 76 of this Law; voting by persons who have no right to vote; voting by persons who are not included in the list of voters in the election precinct or who are included in the list without legal ground; voting more than once by the same person) exceeds ten per cent of the number of voters who took part in the vote in the election precinct;
2) if ballots in the ballot boxes are discovered in an amount that by more than ten per cent exceeds the number of voters who took part in the vote in the election precinct;
3) if the ballot box (boxes) are destroyed or damaged in a way that makes it impossible to determine the content of the election ballots, and the amount of these ballots by more then ten per cent exceeds the number of voters who took part in the vote in the election precinct.
2. In case the circumstances indicated in part one of this article are revealed, the polling station election commission shall in each case complete an act, which shall be signed by all members of the polling station election commission present and certified with the seal of the election commission. Such act (acts) shall constitute the ground for the polling station election commission to consider the issue of declaring the vote in the election precinct in the respective district invalid.
3. In case a decision is adopted to declare the vote in the election precinct invalid, the protocol of the polling station election commission on the count of the vote’s voters in the election precinct must only contain the information indicated in clause 16 of part two of article 78 of this Law. A dash shall be entered at the place for the other information. The polling station election commission shall complete the protocols in accordance with the procedure established by article 79 of this Law.
4. In case a decision is adopted to declare the vote in the election precinct invalid, the invalid election ballots shall be packaged. The package shall be marked with the inscription "Election Ballots" and with an indication of the number of the territorial district, the number of the election precinct, the number of election ballots therein, and the date and time of packing, and it shall be signed by the members of the polling station election commission present and certified with the seal of the commission.
5. The decision of the polling station election commission to declare the vote in the election precinct invalid, and the act, on the basis of which this decision was adopted, shall be attached to the protocols on the count of the votes of voters in the election precinct.
Article 81. The Procedure for the Transport and Submission of Documents to the Territorial Election Commission
1. The transportation of the documents indicated in part nine of article 79 of this Law shall be carried out by the chairperson of the polling station election commission or by the deputy and two other members of this commission, who must be representatives of different candidates, escorted by an officer of bodies of the Ministry of Interior. Other members of the polling station commission, candidates, authorized persons, and official observers may also escort the transport of such documents if they wish. Other persons are prohibited from escorting such documents. It is prohibited to unseal the packages containing the election ballots and the other documentation during the transportation of the documents.
2. The protocol on the count of the votes of voters in the election precinct in the respective election district and other documents of the polling station election commission shall be submitted to the territorial election commission at its session.
3. The content of the protocol on the count of the votes of voters in a special election precinct, created on board a vessel at sea under the State Flag of Ukraine on the day of elections or at a polar station of Ukraine, shall immediately after it has been signed by the members of the polling station election commission be transmitted by the polling station election commission by technical communication means to the respective territorial election commission with a mandatory later submission to it of the first and second copy of the protocol on the count of the votes of voters in the election precinct and other documents indicated in part nine of article 79 of this Law.
4. The content of the protocol on the count of the votes of voters in an election precinct abroad shall immediately after it has been signed by the members of the polling station election commission be transmitted by the polling station election commission by technical communication means to the respective territorial election commission with a mandatory later submission to it of the first and second copy of the protocol on the count of the votes of voters in the election precinct through bodies of the executive power in accordance with the procedure established by the Central Election Commission. Other documents, indicated in part nine of article 79 of this Law, shall be attached to it.
Article 82. The Procedure for Receiving and Considering Documents of the Polling Station Election Commissions by the Territorial Election Commission
1. From the moment the vote has finished, the territorial election commission shall begin its session, which shall continue uninterrupted until the results of the vote in the territorial election district have been determined. Members of the territorial election commission may not during this time be engaged in carrying out other functions then to participate in the session of the commission.
2. The session of the territorial election commission, mentioned in part one of this article, shall keep a minutes protocol of the uninterrupted session, which shall be signed by the person chairing the session, the secretary of the commission or a member of the commission who carried out the responsibilities of the secretary at the aforementioned session. Dissenting opinions of members of the commission, who took part in the session and did not agree with the decisions taken by the commission, shall (if such exist) be attached to the protocol.
3. At the beginning of the session mentioned in part one of this article, the territorial election commission shall recount, invalidate and package unused election ballots, which until the day of elections inclusive have been kept in the premises of the territorial election commission. These activities shall be carried out in accordance with the procedure stipulated in part seven of article 78 of this law.
4. During its session, the territorial election commission shall receive, consider and announce the protocols of polling stations election commissions on the results of the vote in the respective election precinct, and as well receive the other documents of the polling station election commission, envisaged by part nine of article 79 of this law. The time when the territorial election commission received the protocol of the polling station election commission, the list of the received documents and the information contained in the protocol shall be noted in the minutes of the session of the territorial election commission.
5. When receiving the protocol on the count of the votes of voters in the election precinct in the respective election district from a polling station election commission, the territorial election commission shall announce the information recorded in it.
6. In case any corrections, errors or inaccuracies are revealed in the protocol of the polling station election commission on the count of the votes of voters in the election precinct, the territorial election commission may by its decision oblige the polling station election commission to make changes to this protocol according to the requirements of part six of article 79 of this law. During the time when the polling station election commission considers this matter, the copies submitted to the territorial election commission of the protocol on the count of the votes of voters in the election precinct and the documents attached to it shall be kept in the territorial election commission.
7. The polling station election commission shall be obliged within the term set by the territorial election commission to consider the issue on making changes to the protocol without recounting the ballots. A protocol marked "Corrected" shall be transported and submitted to the territorial election commission in accordance with the procedure established by article 81 of this law.
8. If there exist complaints, statements, respectively completed acts prepared by candidates, their proxies or official observers regarding violations of the requirement of this Law, which occurred during the conduct of the vote and (or) the count of the votes of voters in the election precinct that casts doubts about the results of the count of the votes of voters in this precinct, the territorial election commission may take a decision to conduct a recount of the votes of voters in the election precinct.
9. If there exists an act or written statement of the persons mentioned in part one of article 81 of this law regarding violations of the requirements of this law, which occurred during the transportation of the protocols on the count of the votes of voters in the election precinct and other documents to the territorial election commission, the territorial election commission may and, in the event of obvious signs that the packages containing documents were unsealed, shall be obliged to take a decision on recounting the votes of voters in this election precinct.
10. The protocols on the count of the votes of voters in the election precinct and other documents of the polling station election commission shall be kept in the session premises of the territorial election commission until the territorial election commission conducts the recount of the votes of voters in the election precinct.
11. A recount of the votes of voters in an election precinct shall be carried out by the territorial election commission, after it has considered and adopted the protocols and other documents from all other polling station election commissions, with the mandatory participation of the members of the polling station election commission, who shall hand over the election documentation. All members of this polling station election commission shall have the right to take part in the recount by the territorial election commission of the votes of voters in the election precinct, and candidates, their proxies and official observers may be present.
12. The territorial election commission shall in the event of a recount complete a protocol on the recount of the votes of voters in the respective election precinct according to the form established by the Central Election Commission.
13. The territorial election commission shall complete the protocols on recount of the votes of voters in the respective election precinct in a number of copies that exceeds the number of persons who are members of the territorial election commission by four. The copies of the protocols shall be enumerated and shall have equal legal force. These protocols shall be signed by the members of the territorial election commission and by the members of the polling station election commission, that took part in the vote recount, and they shall be verified with the seal of the territorial election commission. The information of the protocols shall be announced. Candidates, their proxies and official observers who were present during the count of the votes of voters shall have the right to sign the first copy of each protocol.
14. In case circumstances, specified in part one of article 80 of this law, or other circumstances, which makes it impossible to determine the results of the expressed will of voters in the election precinct with certainty, occur during the recount by the territorial election commission of the votes of voters in the respective election precinct, the territorial election commission may take a decision to declare the vote in that election precinct invalid. In this case, the protocol on the recount of the votes of voters in the election precinct shall be completed according to the procedure specified in part twelve and thirteen of this article, and it must only contain the information specified in clauses 1 to 6 respectively of part six of article 79 of this law.
15. The first copy of the protocols of the territorial election commission on the recount of the votes of voters in the respective election precinct, together with the respective protocol of the polling station election commission on the recount of the votes of voters in the election precinct and the decision of the territorial election commission to declare the voting in the election precinct invalid shall be attached to the respective protocol of the territorial election commission on results of the vote in the respective territorial election district. The secretary of the territorial election commission shall keep the second copy of the protocol of the territorial election commission on the recount of the votes of voters in the respective election precinct, the third copy shall be handed out to the polling station election commission, the forth copy shall immediately be posted for public familiarization in the premises of the territorial election commission, while the rest shall be distributed to the members of the territorial election commission, one copy to each. The information in the protocol of the territorial election commission on the recount of the votes of voters in the respective election precinct shall be announced.
16. Candidates to the post of President of Ukraine, their proxies and official observer, who were present during the recount of the votes, shall at their request immediately be issued the copies mentioned in this article of the protocol certified by the chairperson and the secretary of the territorial election commission and with the seal of the commission, in an amount of no more than one copy of each protocol per candidate and per official observer.
Article 83. Determining the Results of the Vote within the Territorial Election District
1. The territorial election commission shall, after it has received and considered the protocols of the polling station election commissions on the count of the votes of voters in the election precincts, including those marked "Corrected", on the basis of the protocols of polling station election commissions on the count of the votes of voters in the election precincts and the notifications about the content of such polling station election commission protocols transmitted by technical communication means from special election precincts created on board vessels at sea under the State Flag of Ukraine on the day of elections, at polar stations of Ukraine, and from election precincts abroad, and in the event of a repeat count of the votes of the voters - on the basis of the protocol of the territorial election commission on the repeat count of the votes of voters in the respective election precinct, determine:
1) the number of election ballots received by the territorial election commission;
2) the number of election ballots invalidated by the territorial election commission;
3) the number of election ballots received by polling station election commissions of the territorial district;
4) the number of voters included in the list of voters in the election precincts of the territorial district;
5) the number of unused election ballots;
6) the number of voters who received election ballots;
7) the number of voters who participated in vote within the territorial election district;
8) the number of election ballots deemed void;
9) the number of votes of voters cast for each candidate to the post of the President of Ukraine; and
10) the number of voters who did not support any candidate to the post of the President of Ukraine.
2. The information on the results of the vote within the territorial district shall be entered in figures and in words into the protocol of the territorial election commission on the results of the vote within the territorial election district. The information, mentioned in clauses 3 to 10 of part one of this article, shall be entered both for each election precinct that is a part of the territorial election district and aggregated for the whole territorial election district.
3. The protocol on the results of the vote within the territorial election district shall be completed by the territorial election committee in a number of copies that exceeds the number of persons who are members of the territorial election commission by three. The copies of the protocol shall be enumerated and shall have equal legal force.
4. It is prohibited to complete the protocol on the results of the vote within the territorial election district with pencil, as well as to make any corrections to it, without an appropriate decision of the territorial election commission.
5. The protocol on the results of the vote within the territorial election district shall be signed by the chairperson, the deputy chair, the secretary and by the other members of the territorial election commission who are present at the session of the commission, and it shall be certified with the seal of the territorial election commission. The protocol shall contain the date and time (hour and minutes) when the member of the territorial election commission signed it. If a signature of a member of the territorial election commission is missing, the reason for the absence of the signature shall be indicated in the protocol opposite his/her name. Candidates, their proxies and official observers, who were present during the determination of the results of the vote within the territorial election district, shall have the right to sign the first copy of the protocol. If the territorial election commission reveals any inaccuracy (a typo or mistake in figures) after the aforementioned protocol has been signed and before it is sent to the Central Election Commission, it shall at its session consider the issue about entering the changes to the protocol by compiling a new protocol, which shall be marked "Corrected". A protocol with the mark "Corrected" shall be completed and signed in accordance with the procedure and in the number of copies established by this article.
6. The territorial election commission shall send the first copy of the protocol of the territorial election commission on the results of the vote within the territorial election district, and in case changes have been made to this protocol - also the protocol containing the inaccuracies (typos or mistakes in figures) to the Central Election Commission together with the respective protocols and acts of the polling station election commissions, decisions taken on the basis of these acts, and, in case such exist, protocols of the territorial election commission on the repeat count of the votes of voters within the respective election precinct within the territorial election district, dissenting opinions of members of the territorial election commission executed in written form, statements and complaints about violations of the procedure for determining the results of the vote within the territorial election district committed by the territorial election commission and the decisions taken by the territorial election commission as a result of its consideration of them, the second copy of the protocol shall be kept in the territorial election commission, the third - shall immediately be posted in the premises of the territorial election commission for public familiarization, while the rest shall be distributed to the members of the territorial election commission, one copy to each.
7. The candidates to the post of President of Ukraine, their proxies and official observers shall have the right on their request to immediately obtain a copy of the protocol of the territorial election commission on the results of the vote in the territorial election district and, in case such exist, of the protocol on the repeat count of the votes of voters in the respective election precinct in the amount of no more than one copy of each protocol per candidate and per official.
Article 84. Determining the Results of the Elections of the President of Ukraine
1. The Central Election Commission shall at its session on the basis of the protocols of the territorial election commissions on the results of the vote within the respective territorial election districts and no later than on the tenth day from the day of the elections determine the results of the vote on the day of elections of the President of Ukraine, about which it shall complete a protocol. The following information shall be entered in words and in figures into the protocol on the results of the vote on the day of the elections of the President of Ukraine:
1) the number of election ballots produced;
2) the number of election ballots received by the territorial election commissions;
3) the number of election ballots received by the polling station election commissions;
4) the number of voters included in the lists of voters in the election precincts;
5) the number of unused election ballots;
6) the number of voters who received election ballots;
7) the number of voters who participated in the vote;
8) the number of election ballots deemed void;
9) the number of votes of voters cast for each candidate to the post of President of Ukraine;
10) the percentage of votes of voters cast for each candidate to the post of President of Ukraine in proportion to the number of voters who participated in the vote;
11) the number of voters who did not support any candidate to the post of President of Ukraine; and
12) the percentage of votes of voters who did not support any candidate to the post of President of Ukraine in proportion to the number of voters who participated in the vote.
2. The information on the results of the vote shall be entered in words and in figures into the protocol of the Central Election Commission on results of the vote on the day of the elections of the President of Ukraine. The information, specified in clauses 2 to 12 of part one of this article, shall be entered both for each territorial election district and aggregated for the nationwide constituency.
3. The candidate who received more than half of the votes of voters who participated in the vote shall be declared President of Ukraine elected on the day of the elections. The Central Election Commission shall take a decision declaring the President of Ukraine elected according to the results of the vote on the day of elections. The surname and initials of the candidate, who according to this Law was elected as President of Ukraine, shall be specified in the protocol of the Central Election Commission on the results of the vote on the day of the elections of the President of Ukraine.
4. If no more than two candidates to the post of President of Ukraine were included in the election ballot for voting on the day of elections and according to the results of the vote on the day of the elections of the President of Ukraine neither candidate was elected in accordance with the requirements of part three of this article, the Central Election Commission shall based on clause 1 of part four of article 15 of this Law take a decision on addressing the Verkhovna Rada of Ukraine with a request to call repeat elections of the President of Ukraine, about what a record shall be made in the protocol on the results of the vote on the day of the elections to the President of Ukraine.
5. If more than two candidates to the post of President of Ukraine were included in the election ballot for voting on the day of elections and according to the results of the vote on the day of the elections of the President of Ukraine neither candidate was elected in accordance with the requirements of part three of this article, the Central Election Commission shall take a decision on conducting repeat voting, about what a record shall be made in the protocol on the results of the vote on the day of the elections to the President of Ukraine.
6. The Central Election Commission shall no later than on the third day after the protocol on the result of the vote on the day of the elections of the President of Ukraine was signed in the newspapers "Holos Ukrainy" and "Uriadovy Courier" publish information about the results of the vote on the day of elections and about its decision, envisaged in parts three, four or five of this article, according to the result of the vote.
1. Repeat voting shall be called for the third Sunday after the day of elections in compliance with the requirement of this Law. Information about the date the repeat voting will be held shall be published in the newspapers "Holos Ukrainy" and "Uriadovy Courier", and shall be announced in other mass media.
2. The two candidates to the post of President of Ukraine, who in the result of the vote on the day of the elections received the highest number of votes, without considering those candidates who withdrew their candidacies after the day of elections, shall be included into the election ballot for repeat voting.
3. If one of the candidates included into the election ballot for the repeat voting no later than ten days prior to the day of repeat voting has withdrawn his/her candidacy by submitting a written statement to Central Election Commission, or the Supreme Court of Ukraine upon a submission of the Central Election Commission in accordance with the procedure, established by this Law, has taken a decision to cancel the registration of a candidate included in the election ballot for repeat voting, the Central Election Commission shall immediately take a decision to include the candidate, who according to the number of votes received on the day of elections is the following, into the election ballot.
4. If a candidate submitted a written statement to the Central Election Commission about the withdrawal of his/her candidacy from the ballot or the Supreme Court of Ukraine upon a submission of the Central Election Commission in accordance with the procedure established by this Law has taken a decision to cancel the registration of a candidate included in the election ballot for repeat voting after the term, specified in part three of this article, or there for other reasons are no candidates who could be included into the election ballot for repeat voting instead of the withdrawn, the repeat voting shall be conducted regarding a single candidacy.
5. The powers of an election commission member, who was included into the membership of the election commission upon a submission of a candidate to the post of President of Ukraine who has not been included in the election ballot for the repeat voting, shall be terminated ahead of term in case he/she has been absent from two consecutive sessions of the election commission after the day of elections. In case the number of election commission members because of this becomes less than the minimum established by part two of article 23 or by part two of article 24 of this law, the respective election commission of a higher level shall include other persons into the membership of the election commission upon submissions of the candidates to the post of President of Ukraine included in the election ballot for repeat voting, under the preservation of equal representation of the candidates. A submission for membership in a polling station election commission may be signed by a proxy of a candidate to the post of President of Ukraine certified in accordance with the procedure established by part three of article 24 of this Law.
6. The vote, the count of votes and the determination of the results of the vote shall in case of repeat voting be conducted in accordance with the procedure set forth in articles 75 to 83 of this Law.
7. The Central Election Commission shall at its session on the basis of the protocols of the territorial election commissions on the results of the repeat vote within the respective territorial election districts and no later than on the fifteenth day from the day of the repeat voting determine the results of the repeat vote in the elections of the President of Ukraine, about which it shall complete a protocol, into which shall be entered the information envisaged by parts one and two of article 84 of this Law.
8. If two candidates were included in the election ballot for repeat voting, the candidate, who according to the results of the repeat vote received more votes of voters, who participated in the vote, than the other candidate, shall be declared the elected President of Ukraine.
9. If only one candidate was included in the election ballots for repeat voting, the candidate shall be declared the elected President of Ukraine if he/she received more than half of the votes of voters who participated in the vote.
10. If, as a result of the repeat vote, both running candidates received an equal number of votes, or if the vote was conducted regarding a single candidacy and the candidate failed to receive more than half of the votes of voters, who participated in the vote, the elections of the President of Ukraine shall be declared such, that have not taken place.
Article 86. The Official Publication of the Results of the Elections
1. The Central Election Commission shall no later than on the third day from the determination of the results of the elections officially publish the results of the elections of the President of Ukraine in the newspapers "Holos Ukrainy" and "Uriadovy Courier", indicating the surname, name and patronymic of the elected President of Ukraine, his/her year of birth, profession, position (occupation), place of work, place of residence, party affiliation and the nominating subject.
2. The official publication by the Central Election Commission of the results of the elections of the President of Ukraine shall constitute the grounds for his/her dismissal from a job (position), which is not compatible with holding the post of the President of Ukraine, and for taking the decision to terminate the term of a representative mandate of the person elected the President of Ukraine.
Article 87. Assuming the Office of President of Ukraine
1. The newly elected President of Ukraine shall assume office no later than thirty days after the official announcement of the results of the elections.
2. The assumption of the office of the President by the newly elected President of Ukraine shall take effect as of the date he/she takes the oath before the people of Ukraine at a solemn session of the Verkhovna Rada of Ukraine.
3. The Central Election Commission shall issue the newly elected President of Ukraine the certificate of the President of Ukraine after the oath has been taken.
Article 88. The Preservation of Election and Other Documentation and Material Assets
1. After the official publication of results of the elections of the President of Ukraine, the Central Election Commission shall transfer election and other documentation to a relevant central state archival institution, and the territorial election commissions - to relevant local state archival institutions.
2. The Central Election Commission shall specify the list of the election and other documentation, which should be kept in state archival institutions and the procedure for its transfer to these institutions, under approval of a specially authorized central body of the executive power in charge of archive matters.
3. Local bodies of the executive power and bodies of local self-government shall after the termination of the powers of the polling station and territorial election commissions be obliged to ensure the safety of ballot boxes, voting booths, seals and stamps of these commissions, as well as methodological literature, which were provided to them during the period of the election process.
4. The protocols of the election commissions on the count of votes of voters in the election precinct, on the results of the vote in the territorial election districts, the election ballots, the control coupons of election ballots, the lists of voters, the acts, statements and complaints on violations of the requirements of this Law during the vote and the count of votes of voters, as well as other protocols and decisions of election commissions shall be kept in local state archival institutions for a duration of three years from the day of the official announcement of the results of the elections of the President of Ukraine and shall thereafter be destroyed according to the established procedure.
5. The state archival institutions shall ensure access to the election documentation from the elections of the President of Ukraine in accordance with the procedure established by the legislation of Ukraine.
Chapter XI
REPEAT AND EXTRAORDINARY ELECTIONS OF THE PRESIDENT OF UKRAINE
Article 89. Peculiarities of the Preparation and Conduct of Repeat Elections
1. The reasons and, procedure for calling and the terms for conducting repeat elections to the President of Ukraine is specified respectively by part four of article 15, part three of article 16 and parts seven to nine of article 17 of this law.
2. The repeat election s of the President of Ukraine shall be conducted by the same polling station and territorial election commissions and in the same election precincts that during the last ordinary (extraordinary) elections. If necessary, changes in the membership of the election commissions shall be made according to the procedure envisaged by this law.
3. When conducting repeat elections of the President of Ukraine, the lists of voters shall be compiled based on the lists of voters, which were used during the last regular (extraordinary) elections. Adjustments of the lists of voters shall be made according to the procedure envisaged by this Law.
4. The nomination of candidates shall begin the day after the beginning of the election process, and shall end fifty-five days prior to the day of repeat elections. The submission of documents to the Central Election Commission for registering candidates shall end fifty-five days prior to the day of repeat elections. The repeat submission of documents according to part three and four of article 52 of this Law shall end forty-five days prior to the day of repeat elections.
5. No less than two hundred and fifty thousand signatures in support of the candidate to the post of President of Ukraine signatures must be collected, including no less than 10 thousand signatures in each of two-thirds of the regions (the Autonomous Republic of Crimea, the oblasts and the cities of Kyiv and Sevastopol) of Ukraine. The signature sheets shall be submitted to the Central Election Commission no later than thirty days prior to the day of elections.
6. The nomination of candidacies for membership of the territorial election commissions shall end eighty days prior to the day of elections, for membership of polling station election commissions , - thirty-five days prior to the day of elections. Territorial election commissions shall be formed at least seventy days prior to the day of elections, and polling station election commissions (except for exceptional cases specified in part six of article 24 of this Law) - no later than thirty-three days prior the day of elections.
Article 90. Peculiarities of the Preparation and Conduct of Extraordinary Elections of the President of Ukraine
1. The reasons and procedure for calling, and the terms for conducting extraordinary elections to the President of Ukraine shall be determined respectively by part three of article 15, part two of article 16 and parts four to six of article 17 of this Law.
2. The territorial election districts formed for conducting the previous elections of the President of Ukraine shall be used for conducting the extraordinary elections of the President of Ukraine.
3. Election precincts for conducting extraordinary elections (except for exceptional cases specified in part ten of article 20 of this L law) shall be formed at least fifty days prior to the day of elections in accordance with the procedure established by this Law.
4. Territorial election commissions shall be formed no later than seventy days prior to the day of elections according to the procedure established by this Law upon submissions from parties (blocs) made to the Central Election Commission no later than eighty days prior to the day of elections.
5. Polling station election commissions (except for exceptional case specified in part six of article 24 of this law) shall be formed no later than thirty-three days prior the day of elections in accordance with the procedure established by this Law. Submissions of candidacies for the polling station election commissions shall be made to the territorial election commission no later than thirty-five days prior to the day of elections.
6. The nomination of candidates shall begin the day after the day specified in clauses 1 to 4 of part four of article 17 of this Law and shall end fifty-five days prior to the day of extraordinary elections. The submission of documents to the Central Election Commission for the registration of candidates shall end fifty days prior to the day of extraordinary elections. The repeat submission of documents according to part four of article 52 of this Law shall end forty-five days prior to the day of repeat elections.
7. No less than two hundred and fifty thousand signatures in support of the candidate to the post of President of Ukraine must be collected, including no less than 10 thousand signatures in each of two-thirds of the regions (the Autonomous Republic of Crimea, the oblasts and the cities of Kyiv and Sevastopol) of Ukraine. The signature sheets shall be submitted to the Central Election Commission no later than thirty days prior to the day of elections.
8. The lists of voters shall be compiled by executive bodies of village, settlement , and city councils (for cities having no district councils), and district councils within cities, or by the bodies (officials) , who according to law execute their powers, on the basis of the lists of voters for the last voting in elections of the people's deputies of Ukraine, in elections of the President of Ukraine, or in an all-Ukrainian or local referendum, pursuant to the form established by the Central Election Commission. The aforementioned bodies shall update these lists and no later than twenty days prior to the day of elections deliver them to polling station election commissions of ordinary election precincts. Polling station election commissions shall carry out the update of the lists of voters according to the procedure established by in article 34 of this Law.
9. Lists of voters in special and foreign election precincts shall be compiled according to the procedure envisaged in article 35 of this Law.
10. The pre-election campaign shall begin thirty-five days prior to the day of extraordinary elections and shall be conducted according to the procedure established by this Law.
11. The Central Election Commission shall no later than thirty days prior to the day of elec tions approve the form and text of the election ballot to be used for voting in extraordinary elections.
Chapter XII
FILING COMPLAINTS AGAINST THE DECISIONS, ACTIONS OR INACTIVITY OF SUBJECTS OF THE ELECTION PROCESS. RESPONSIBILITY FOR VIOLATIONS OF THE ELECTION LEGISLATION
Article 91. Subjects Who Can File a Complaint
1. A candidate to the post of President of Ukraine, a party (bloc) - a subject of the election process, an election commission, as well as a voter whose voting rights or legally protected interests in participating in the election process have been violated by a decision, action or inactivity of a subject of the complaint, may be a subject who can file a complaint in the cases envisaged by this Law. A proxy of candidate to the post of President of Ukraine acting on his/her behalf may also be a subject who can file a complaint.
Article 92. Object and Subjects of the Complaint
1. Complaints related to the call, preparation and conduct of elections to President of Ukraine may be filed against the decisions, actions or inactivity of election commissions and their members, state executive bodies, bodies of local self-government, enterprises, establishments, institutions and organizations, their officials and officers, against the acts or actions of public associations, except for those acts or actions , which according to the law or the charter (regulations) of such public associations fall within their internal organizational activities or exclusive competence, against the actions and inactivity of mass media, their officials and officers, as well as against other subjects of the election process.
Article 93. Subjects Considering the Complaints
1. A complaint, specified in articles 91 and 92 of this Law, shall be considered by the respective election commission or by a court pursuant to this and other laws of Ukraine.
2. The Supreme Court of Ukraine shall consider a complaint against the decisions, actions or inactivity of the Central Election Commission.
3. If a court has received a complaint for consideration and it was also submitted to an election commission for the same issue and for the same reasons, the election commission shall cease considering the complaint until the decision of the court enters into force. The court shall be obliged to notify this election commission and a higher-level commission about the receipt of the complaint no later than the day after receiving the complaint.
4. If the election commission , when considering a complaint, deems it necessary for law enforcement bodies to make a verification of the circumstances specified in the complaint, the respective bodies on the request of the election commission , shall verify these circumstances and, within three days from the receipt of the complaint or if the complaint was received less than three days prior to the day of elections, on the day of elections or on the day following the day of elections - immediately, take relevant measures in order to terminate the violation of the legislation.
Article 94. Terms for Filing Complaints
1. A complaint, specified in articles 91 and 92 of this Law, may be filed within seven days from the day the respective decision, action or inactivity was made, except in cases, specified in parts three and four of this article.
2. An inactivity, which according to this Law may be appealed, shall be considered committed on the last day of the term, within which the respective action should have been, but was not made.
3. A complaint regarding violations that occurred prior to the day of elections may be filed no later than at the end of the day preceding the day the voting begins.
4. Complaints regarding violation that occurred during the voting may be filed to the election commission, which committed the violations no later than at the end of voting, and to an election commission of a higher level or a court - at twenty-four hours on the day following the day of voting.
5. The term for filing a complaint is not subject to extension or renewal. Changes or adjustments of the claims of the plaintiff during the consideration of the complaint in the election commission or in court prompted by the revelation of circumstances, which were previously not known to the subject who filed the complaint, shall not be considered a new complaint and shall not be subject to the established limitations of terms.
Article 95. Form and Content of the Complaint
1. A complaint to an election commission or court shall be submitted in written form.
2. A complaint that is submitted to an election commission or court shall include:
1) the name of the election commission or court, to which the complaint is submitted;
2) the surname, name and patronymic, the place of residence of the citizen of Ukraine or the exact name and location (official postal address) of the election commission or the party (bloc) who is the complainant;
3) the name of the subject of the complaint and his/her postal address;
4) essence of the issue in question;
5) an outline of the circumstances and indication of the proofs , based on which the complainant justifies his/her claims;
6) clearly formulated claims;
7) a list of attached documents and materials;
8) an indication of the concerned people , which the complainant consider necessary to include in the consideration of the complaint; and
9) the signature of the complainant (the representative of the legal person, who is the complainant) with an indication of the date it was signed.
3. A complaint shall be signed by the person who filed it. If a complaint on behalf of a candidate to the post of President of Ukraine is filed by his/her proxy, then the statement shall as well contain the surname, name and patronymic, the place of residence or location (postal address) and the type and number of the means of communication of the candidate, in whose interests the complaint is filed, as well as a n document, authenticated according to the requirement of the legislation, certifying the authorities of the person who filed the complaint. A complaint submitted on behalf of an election commission or a party (bloc) shall be signed by its chairperson (head) or by another person authorized to do so, whose signature shall be certified with the seal of the election commission or party (parties that are members of the bloc).
4. The complaint shall have its multiplied copies attached to it, the number of which shall be determined by the number of the subjects of appeal and the number of concerned persons mentioned in the complaint.
Article 96. Procedure and Terms for Considering Complaints
1. A Court hearing of complaint s shall be conducted in accordance with the procedure envisaged by law, taking into account the peculiarities established by this Law. The chairperson of an election commission or subject to a decision of the commission, another member of the commission shall represent the election commission in court.
2. The Central Election Commission shall establish the procedure for considering complaints by an election commission. Election commission s shall consider complaints upon the mandatory invitation of the subject who filed the complaint and the subject of the complaint.
3. The day a complaint was filed shall be considered the actual day the subject considering complaints obtained it.
4. A complaint not complying with the formal requirements of article 95 shall be returned to the subject who filed the complaint (to the representative of the legal person who is the subject who filed the complaint) with respective explanations no later than on the following day after the complaint was received, or if filed the day before, on, or following the day of voting - immediately.
5. A complaint shall be considered within five days from the date it was received , but if it concerns violations, which took place before the day of voting, - no later than at the end of voting, and if it concerns violations, which took place on the day of voting, - no later that the day following the day of voting.
6. The subject who filed the complaint and other concerned persons may be notified about the time and venue for considering the complaint by means of a recommended wire, facsimile transmission or electronic mail. It is also permitted to notify the complaining entity appealing subject and other persons concerned about the time and venue for considering the complaint by phone if such action is recorded by an official of the subject considering the complaint in a separate written note, which shall be attached to the case (protocol).
7. Courts, offices of the prosecutor and election commissions shall organize their work during the election process, including on weekends , holidays and on the day of voting, in such a way that it ensures that complaints can be received and considered within the terms and in the manner established by this Law.
1. Evidence upon which an election commission considering a complaint shall determine the presence or absence of circumstances, on which the subject who filed the complaint bases his/her claims and the concerned persons base their objections, may include the following:
1) written documents and materials, which shall contain information about the circumstances , which may be of importance for the consideration of a the complaint;
2) written explanations from subjects of the election process, officials and officers of state executive bodies, bodies of local self-government, enterprises, establishments, institutions and organizations obtained on the request of members of the election commission exercising the authorities of the commission;
3) written and material evidences; and
4) conclusions of experts.
2. The election commission shall only accept evidence for consideration, which of importance for the consideration of the complaint.
3. Circumstances (facts), for which the law has established specific methods for proof, may not be proved by other means.
4. Written evidence shall be submitted in original form or in a duly certified copy. If written evidence has been submitted in a copy, the subject considering the complaint shall have the right to demand the submission of the original.
5. The election commission shall evaluate evidences taking into account the examination of them in their sum, abiding by the law. No evidences shall be deemed valid in advance, except for facts established by a court decision that has come into legal force.
Article 98. Decisions on a Considered Complaint
1. After having determined that a decision, action or inactivity of a subject of the complaint does not comply with the legislation on the elections of the President of Ukraine, the subject considering complaints shall satisfy the complaint , cancel the decision, or parts of it, declare the actions or inactivity illegal, obligate the subject of the complaint to satisfy the claims of the complainant, or in an other way restore the violated voting rights of citizens, and rights and legally protected interests of the subject of the election process, or oblige the subject of the complaint and (or) another body, party (bloc), mass media entity, official or officer to perform actions , envisaged by the legislation regulating the organization and procedure for the conduct of the elections to the President of Ukraine, which follow from the fact that the decision was cancelled , and it shall declare the appealed actions or inactivity illegal.
2. In case a court cancels the decision of a respective election commission, including on issues such as declaring the voting in an election precinct invalid or on the determination of the outcome and results of the vote then the election commission, whose decision was cancelled, or a higher-level election commission on the basis of a court decision, shall take a decision on this issue. When doing so, the election commission may not take a decision that in its essence repeats the decision, which was cancelled by the court.
3. The election commission of a higher level may on the basis of a complaint or a court decision cancel a decision of a lower-level election commission and decide on the merits of the issue or oblige the lower-level election commission to reconsider the complaint.
4. The considering subject may refuse to satisfy a complaint if it determines that the appealed decisions, actions or inactivity were made in accordance with law and within authorities envisaged by law.
5. A copy of the decision of a considering subject shall be distributed to the subject who filed the complaint, the subject of the complaint and to other concerned persons present, and shall as well be sent to the respective election commissions and to other persons on the day such decision was taken (announced).
6. The decision of a court of first instance shall come into legal force after the end of the term for cassation appeal.
Article 99. Peculiarities of Reconsidering Court Decisions
1. Participants in court hearings of a case shall have the right to appeal a court decision, or parts of it , in cassation order, in the event it was adopted by a court of first instance and has not come into legal force, if the court of first instance did not fully clarify the circumstances of the case, did not provide due evaluation of the evidence, did not properly apply the standards of material law, or significantly violated the standards of court procedure.
2. A cassation appeal can also be submitted by a third person - a subject of the election pro cess, who took part in the court hearing of the case, if the decision of the court of first instance violates his/her rights and freedom s , which are guaranteed by law.
3. The Supreme Court of Ukraine shall reconsider decisions of courts of appeal, which have been satisfied by them in first instance, in cassation order.
4. Cassation appeals against decisions of a court of first instance may be submitted within two days from the day following the day the copy of the decision was received.
5. Cassation appeals submitted after the expiry of the terms, established in part four of this article, shall not be considered.
6. A court of appeal shall hear the case within two days after the expiry of the term for cassation appeal, but with regard to court decisions, which were satisfied by a court of first instance prior to the day of voting, no later than at the time the voting begins.
Article 100. Peculiarities of Filing Complaints against the Decisions, Actions or Inactivity of State Executive Bodies, Bodies of Local Self-Government, Enterprises, Institutions, Establishments and Organizations, Their Officials and Officers
1. A complaint against a decision, action or inactivity of state executive bodies, bodies of local self-government, enterprises, institutions, establishments and organizations, their officials and officers shall be submitted to a local court at the location of the body, enterprise, institution, establishment or organization, the decision, action or inactivity of which or their officials (officers) are appealed.
2. The consideration of a complaint against a decision, action or inactivity of state executive bodies, bodies of local self-government, enterprises, institutions, establishments and organizations, their officials and officers shall not exclude bringing individual officials and officers to disciplinary, administrative or criminal responsibility in accordance with the procedure envisaged by Law.
Article 101. Peculiarities of Filing Complaints against the Acts or Actions of Public Associations and Election Blocs
1. An election commission, a candidate to the post of President of Ukraine, a party (bloc), a local branch of a party (bloc of local branches of parties) - a subject of the respective election process, or a voter whose legal rights or legally protected interests have been violated , shall have the right to file a complaint against decisions or actions of a public association, an election bloc, or its official or authorized representative that relate to the election process, except for those decisions or actions, which according to the law, or the charter (regulations) of the public association fall within its internal organizational activities or its exclusive competence.
2. A complaint filed on the grounds specified in part one of this article shall be submitted to a local court at the location of the public association or, election bloc, the decisions or actions of which are appealed.
Article 102. Peculiarities of Filing Complaints against Actions or Inactivity of Mass Media, Their Owners, Officials and Officers
1. A candidate to the post of President of Ukraine or a party (bloc) - a subject of the election process shall have the right to file a complaint to court or to a respective election commission against the actions or inactivity of mass media, their owners, officials and officers, which violate the procedure established by law for the activities of mass media during the election process, including the pre-election campaign, in particular, with respect to the requirement to refute of untrue information published by them about a candidate or a party (bloc) that nominated a candidate.
2. The Central Election Commission or territorial election commission shall have the right at its own initiative to file a complaint to court against the actions or inactivity , specified in part one of this article, of mass media, their owners, officials and officers.
3. A complaint against actions or inactivity of mass media, their owners, officials and officers shall be submitted to a local court at the location of the mass media, the actions or inactivity of which are appealed.
4. A complaint about violations of the restrictions established by law on the pre-election campaign committed by all-national mass media shall be submitted to the Central Election Commission of Ukraine, and , if committed by local or regional mass media - to the respective territorial election commission. The election commission that received such complaint shall, by its decision, promptly send it to the respective law enforcement bodies for verification and actions on it according to law.
5. Considering a complaint against the actions or inactivity of mass media entities, their owners, officials and officers shall not exclude bringing the aforementioned entity or its individual owners, officials and officers to civil, administrative or criminal responsibility in accordance with the procedure envisaged by law.
Article 103. Peculiarities of Filing Complaints against the Actions of Candidates to the Post of President of Ukraine and Their Proxies
1. A candidate to the post of President of Ukraine and, a party (bloc) - a subject of the election process shall have the right to file a complaint against actions of another candidate to the post of President of Ukraine or his/her proxy, if these actions are aimed at violating the legally established procedure for nominating a candidate or conducting the pre-election campaign, or otherwise aimed at violating their rights or the voting rights of citizens.
2. A voter shall have the right to file a complaint against the actions of a candidate to the post of President of Ukraine and his/her proxy, if these actions violate his/her voting rights.
3. A complaint against the actions of a candidate to the post of President of Ukraine shall be submitted to the Central Election Commission or to the Kyiv City Court of Appeal.
Article 104. Peculiarities of Complaining against the Decisions, Actions or Inactivity of Election Commissions
1. A subject of the election process shall have the right to file a complaint against the decisions, actions or inactivity of election commissions or an individual member of an election commission.
2. Complaints against the decisions, actions or inactivity of polling station election commissions or its members, shall be filed with the territorial election commission or with a local court at the location of the polling station election commission. The subject of the complaint shall have the right to apply to the respective court of appeal with a motivated request to reverse the adjudication of the complaint.
3. Complaints against the decisions, actions or inactivity of territorial election commissions or its members shall be filed with the Central Election Commission or with a court of appeal at the location of the territorial election commission.
4. Considering a complaint against the decisions, actions or inactivity of an election commission or its members shall not exclude bringing its individual members to administrative or criminal responsibility in accordance with the procedure envisaged by law.
Article 105. Responsibility for Violations of the Legislation on the Elections of the President of Ukraine
Persons found guilty in violations of the legislation on the elections of the President of Ukraine shall be brought to criminal, administrative or other responsibility in accordance with the procedure established by law.
Chapter XIII
FINAL PROVISIONS
1. This Law shall take effect as of the day of its official promulgation.
2. For the purposes of this Law, the place of residence of a person shall be determined according to the Law of Ukraine "On the freedom of movement and free choice of residence".
3. Until the legislation of Ukraine is brought in compliance with this Law, laws and other legal regulations shall be applied to the extent they do not contravene this Law.
4. Within one month from promulgation of this Law, the Cabinet of Ministers of Ukraine will:
- draft proposals to bring the laws of Ukraine into compliance with this Law and submit them to the Verkhovna Rada of Ukraine;
- bring its own regulations into compliance with this Law;
- ensure the adoption of regulations envisaged by this Law; and
- ensure that ministries and other central State executive bodies revise and cancel their regulations, which contravene this Law.
5. The Central Election Commission will:
- within one month from the promulgation of this Law bring its acts in compliance with this Law;
- ensure the adoption of acts envisaged by this Law.
The President of Ukraine
L. Kuchma
City of Kyiv March 18, 2004
No. 1630-IV
[Published in Uriadovyi Courier on April 6, 2004]