LAW OF UKRAINE

ON ELECTIONS OF DEPUTIES OF LOCAL RADAS,
AND OF VILLAGE, SETTLEMENT, CITY CHAIRMEN 1998

This law shall, according to the Constitution of Ukraine, the Law of Ukraine "On Local Self-Government in Ukraine", and other laws determine the basis, peculiarities and procedure of preparation and conduct of elections of deputies of village, settlement, city, rayon-in-city, rayon, oblast radas, as well as of village, settlement, city chairmen (hereinafter referred to - as local elections).

CHAPTER I. GENERAL PROVISIONS

ARTICLE 1. The main grounds of local elections

1. Elections of deputies of village, settlement, city, rayon-in-city, rayon, oblast radas (hereinafter referred to as deputies of local radas), as well as of village, settlement, city chairmen are free and shall be carried out on the basis of universal, equal and direct suffrage, guaranteed by the Constitution of Ukraine and this Law, by secret ballot. Deputies of local radas and village, settlement, and city chairmen shall be elected for the term of four years.

2. The electoral process shall be carried out on the basis of: free and equal nomination of candidates; equal opportunities for all candidates in the conduct of election campaign; impartiality of bodies of state power, bodies of local self-government and of authoritative and public officials of these bodies towards candidates; control over the sources of financing and over expenditures in the election campaign; publicity and openness of election campaign; freedom of campaigning.

3. The participation of citizens in elections to bodies of local self-government is voluntary. It shall be considered, that voters who did not participate in voting during elections, support the results of expressed will of those voters, who took part in the voting on the elections.

ARTICLE 2. Peculiarities of elections of deputies of village, settlement, city, rayon in city rada

1. Elections of deputies of village, settlement, city, rayon-in-city radas shall be conducted on the basis of majoritarian system of elections of relative majority in single-mandate election constituencies, into which the entire territory of the respective village, settlement, city, rayon in city shall be divided.

ARTICLE 3. Peculiarities of elections of village, settlement, city chairmen

Elections of village, settlement, city chairmen shall be conducted on the basis of majoritarian system of elections of relative majority in one single-mandate election constituency, which has common boundaries with the boundaries of a village, settlement, city.

ARTICLE 4. Peculiarities of elections of deputies of rayon, oblast rada

1. Elections of deputies to rayon rada shall be conducted on the basis of majoritarian system of elections of relative majority in the multi-mandate election constituencies, which have common boundaries with the boundaries of villages, settlements, cities of rayon importance, which are administrative-territorial units of this rayon.

2. Elections of deputies to oblast rada shall be conducted on the basis of majoritarian system of elections of relative majority in the multi-mandate election constituencies, who respectively have common boundaries with the boundaries of rayons and cities of oblast importance of this oblast.

ARTICLE 5. Determining the general complement of local radas

1. Decision on the general complement (the number of deputy mandates) of the local rada which is to be elected, shall be adopted by the respective rada of the current convocation no later than 75 days prior to the day of elections.

2. In the event the rada of the current convocation does not determine the general complement of the rada to be elected within the term established by the first paragraph of this Article, the general complement of the respective rada shall be equal to the minimal margin set forth by this Law.

3. The general complement of village, settlement, city, rayon-in-city rada shall be comprised in administrative-territorial units with the number of population as follows:

up to 3 thousand of people - from 15 to 25 deputies;

up to 5 thousand - from 20 to 30 deputies;

up to 20 thousand - from 25 to 35 deputies;

up to 50 thousand - from 30 to 45 deputies;

up to 100 thousand - from 35 to 50 deputies;

up to 250 thousand - from 40 to 60 deputies;

up to 500 thousand - from 50 to 75 deputies;

up to 1 million - from 60 to 90 deputies;

more than 1 million - from 75 to 120 deputies.

4. The general complement of rayon rada shall be determined taking into account the number of territorial communities of administrative-territorial units, which are part of the rayon. Territorial communities within the boundaries of the rayon must have equal number of deputy mandates in the rayon rada. With that, if up to 10 (inclusive) territorial communities are present in the rayon, each territorial community is to be represented in the rayon rada with no less than 4 deputies, 11 to 30 (inclusive) - with 3 deputies, over 30 - with 2 deputies. The general complement of the rayon rada must not exceed 120 deputies.

5. General complement of the oblast rada shall be determined taking into account the number of rayons, cities of oblast importance which are part of the oblast. Rayons, cities of oblast importance must have equal number of deputy mandates in the oblast rada. With that, if up to 15 (inclusive) rayons, cities of oblast importance are present in the oblast, each rayon, city of oblast importance is to be represented in the oblast rada with no less than 4 deputies, 16 to 30 (inclusive) - with 3 deputies, over 30 - with 2 deputies. With that, the general complement of the oblast rada must not exceed 200 deputies.

ARTICLE 6. The right of citizens of Ukraine to participate in local elections

1. Participation in local elections shall be personal matter of every citizen of Ukraine. Noone can be forced to participate or not to participate in local elections.

2. Citizens of Ukraine, who are 18 years of age on the day of elections and who permanently reside on the territory of the respective villages, settlements, cities, rayons in cities, shall have the right to vote on local elections.

3. Citizens of Ukraine found incompetent by court shall have no right to vote on local elections. Execution of suffrage right shall be suspended for the persons who are incarcerated by courtís order for the time of incarceration.

4. A citizen of Ukraine, eligible to vote and who is 18 years of age on the election day can be elected as deputy of village, settlement, city, rayon-in-city, rayon, oblast rada, as village, settlement, city chairman.

5. A citizen of Ukraine can simultaneously be nominated as a candidate for deputy of only one rada, or as a candidate for the position of village, settlement, city chairman respectively. A citizen of Ukraine can be a deputy of only one rada.

6. A citizen of Ukraine, who has been convicted by court for the intentional commission of crime, cannot be elected as deputy of village, settlement, city, rayon-in-city, rayon, oblast rada, as well as village, settlement, city chairman, unless this conviction is overturned or stricken from the record in the order established by law.

7. Persons, who according to the law, hold positions incompatible with the status of a rada deputy, of a village, settlement, city chairman, are obliged, if they are elected, to leave the position (cease activity) incompatible with the status of a deputy, village, settlement, city chairman, and to cease any entrepreneurial activity in cases envisaged by the law.

ARTICLE 7. The right to nominate candidates on local elections

The right to nominate candidates for deputies of local radas and candidates for the position of village, settlement, city chairman (hereinafter - the candidates) belongs to citizens of Ukraine, eligible to vote, and shall be implemented by them directly through self-nomination through nomination at meetings of voters in the place of their residence, working activity (meetings of working collectives) or studies (hereinafter - at meetings of voters), as well as through local branches of political parties, electoral associations of local branches of political parties - blocs (hereinafter - the blocs), public organizations, legalized according to current legislation of Ukraine.

ARTICLE 8. Election commissions

1. The following election commissions shall be formed for the organization and conduct of local elections:

1) village, settlement, city, rayon-in-city, rayon, oblast (hereinafter - territorial) election commissions;

2) constituency election commissions;

3) polling station election commissions.

2. Election commissions shall be formed and shall act according to this Law. Noone has the right to interfere in the decision of issues falling within the exclusive competency of election commissions, except for the cases envisaged by the laws of Ukraine.

ARTICLE 9. Types of local elections and procedure of their appointment

1. Elections of deputies of local radas, of village, settlement, city chairmen may be regular, extraordinary, repeat and to replace those deputies and chairmen who resigned, as well as if a new administrative-territorial unit is formed.

2. The Verkhovna Rada of Ukraine shall adopt a decision on the conduct of regular and extraordinary elections of deputies of local radas, of village, settlement, city chairmen.

3. Respective territorial election commission shall adopt a decision on the conduct of repeat elections of deputies of local radas, of village, settlement, city chairmen.

4. Respective radas shall adopt decisions on the conduct of elections of deputies of local radas, village settlement, city chairmen to replace those who resigned.

5. Decision on the conduct of elections of deputies of local radas, of village, settlement, city chairman in the event of formation of a new administrative-territorial unit shall be adopted in accordance with Article 55 of this Law.

ARTICLE 10. Terms of appointment of local elections

1. Regular elections of deputies of local radas, as well as of village, settlement, city chairmen shall be conducted on the territory of Ukraine simultaneously and shall be appointed no later than 90 days prior to the termination of term of authorities of deputies of local radas of current convocation, village, settlement, city chairmen.

2. Extraordinary elections respectively of deputies of local radas, of village, settlement, city chairmen shall be appointed no later than 90 days prior to the election day.

3. Repeat elections, elections to replace resigned deputies of local radas, village, settlement, city chairmen, as well as in the event of formation of a new administrative-territorial unit shall be appointed within the terms envisaged by this Law.

4. Elections shall be appointed on Sunday.

5. A decision on the appointment of elections shall be brought to the knowledge of population by the body which appointed them through mass media or by another way no later than on the third day after it was adopted.

ARTICLE 11. Legislation on local elections

Legislation on local elections shall be based on the Constitution of Ukraine, this Law and other laws of Ukraine.

 

CHAPTER II. ELECTION CONSTITUENCIES. POLLING STATIONS

ARTICLE 12. Election constituencies

1. Election constituencies for elections of deputies of local radas and village, settlement, city chairmen shall be formed by the respective territorial election commissions no later than 70 days prior to the day of elections.

2. While forming election constituencies, territorial election commissions shall be guided by decisions of the respective radas on the general complement of these radas.

3. Majoritarian single-mandate election constituencies for the elections of deputies of village, settlement, city, rayon in cities radas shall be formed taking into account the requirements of Article 2 of this Law and aiming at approximately equal number of voters in each election constituency.

4. Unified majoritarian single-mandate election constituencies for elections village, settlement, city chairmen shall be formed adhering to the requirements, envisaged by Article 3 of this Law.

5. Majoritarian multi-mandate election constituencies for elections of deputies of rayon, oblast radas shall be formed adhering to the requirements envisaged by Article 4 of this Law.

6. The respective territorial election commission shall notify citizens about the lists of election constituencies with an indication of their numbers, boundaries and centers no later than on the fifth day after they were formed.

ARTICLE 13. Polling stations

1. The territory of villages, settlements, cities, rayons in cities shall be divided into polling stations for the conduct of voting and calculation of votes during local elections.

2. Polling stations shall be formed by village, settlement, city, rayon-in-city rada or its executive committee.

3. Polling stations shall be formed no later than 55 days prior to the day of elections with a number of voters from 20 to 3000 and, and in exceptional cases - with a fewer or greater number of voters.

4. Military servicemen shall vote at polling stations located outside the territories of military units. Polling stations in military units shall be formed, as exception, upon the agreement of the appropriate village, settlement, city, rayon in city rada or its executive committee.

5. In stationary medical, sanatorium and health-care establishments, and in other places of temporary stay of voters, on ships, which are at sea on the day of elections, polling stations can be formed within the term, established by the third paragraph of this Article, and in exceptional cases - no later than 5 days prior to the day of elections. Such polling stations shall be parts of election constituencies in which they are situated or in which the ship is registered.

6. Polling stations shall be common for elections of deputies of local radas, of village, settlement, city chairmen, and in the events when local elections are conducted simultaneously with elections of Peopleís Deputies of Ukraine - they shall be common for elections of Peopleís Deputies of Ukraine as well.

7. The respective territorial election commission shall upon the agreement with a body, which formed polling stations, establish their unified numeration, respectively, within the boundaries of rayon, city of the republican of the Autonomous Republic of Crimea, of oblast importance, rayon in city.

8. In the event local elections are conducted simultaneously with elections of Peopleís Deputies of Ukraine, polling stations shall be formed according to the Law of Ukraine "On Elections of Peopleís Deputies of Ukraine".

 

CHAPTER III. ELECTION COMMISSIONS

ARTICLE 14. Territorial election commission

1. Territorial election commission shall be formed, respectively, by the village, settlement, city, rayon-in-city, rayon, oblast rada no later than 75 days prior to the day of elections consisting of a chairman, deputy chairman, secretary and 6-12 members of the commission.

2. Proposals as to the candidatures to the membership of territorial election commission shall be submitted for consideration of village, settlement, city, rayon-in-city, rayon, oblast rada, by a village, settlement, city chairman, chairman of rayon-in-city, rayon, oblast rada (in the event he/she refuses or unable to perform this function - by an official who according to the Law of Ukraine "On Local Self-Government in Ukraine" performs his authorities) taking into account proposals of local branches of political parties (blocs), of public organizations, legalized in accordance with the law and carrying out their activity in the respective territory, as well as of meetings of voters.

3. Proposals as to the candidatures to the membership of territorial election commission shall be submitted by the subjects, determined by the second paragraph of this Article, in the order and within the terms, established by village, settlement, city chairman, chairman of rayon-in-city, rayon, oblast rada (by an official who performs his/her authorities). Notification about the order, terms for submission of proposals shall be publicized no later than 10 days prior to the beginning of the term for their submission.

4. If proposals on candidatures to the membership of the territorial election commission are not received, or if their number is less than as envisaged by the first paragraph of this Article, the respective rada shall upon the proposal of village, settlement, city chairman, chairman of rayon-in-city, rayon, oblast rada (of an official who performs his/her functions) elect the necessary number of persons to the membership of territorial commission.

5. In the event the rada does not form a territorial election commission within the term set forth by this Law, the commission shall be formed within a five-day term as follows:

village, settlement, city (city of rayon importance) commission - shall be formed by appropriate rayon rada;

village, settlement, city (city of rayon importance) commission in territorial-administrative units which is located on the territory of city (of city of the republican of the Autonomous Republic of Crimeaís, oblast importance) rada, - by the respective city (city of republican of the Autonomuos Republic of Crimeaís, oblast importance) rada, or by its executive committee;

city (city of republican of the Autonomous Republic of Crimeaís, oblast importance), rayon, rayon-in-city commission - respectively, by the Verkhovna Rada of the Autonomous Republic of Crimea, by oblast rada, by city (city with rayon division) rada, or by its executive committee;

oblast, Kyiv city, Sevastopol city commission - by the Central Election Commission of Ukraine.

A decision on the formation of territorial election commission in cases envisaged by this paragraph, shall be adopted upon the submission of respectively village, settlement, city chairman, chairman of rayon, rayon-in-city, oblast rada, and in the event of his/her refusal or inability to carry out this function - of an official, who according to the Law of Ukraine "On Local Self-Government in Ukraine" performs his/her authorities.

6. Chairman, deputy chairman and secretary of the territorial election commission cannot be members of the same political party (bloc).

7. Population shall be notified within five days of the decision of the respective rada on the formation of territorial election commission and its membership.

8. After the territorial election commission is formed, its personal membership cannot be changed within a year by more than one third, except for cases, envisaged by Article 23 of this Law.

9. The territorial election commission shall, within a five-day term from the day of its formation, inform the population about its location, telephone number and regime of work.

10. The authority of the territorial election commission shall be terminated on the day of appointment of regular elections of local rada deputies and of village, settlement, city chairmen.

ARTICLE 15. Authority of the territorial election commission

The territorial election commission shall:

1) perform control on the respective territory over the implementation of this Law and ensure its uniform application;

2) form election constituencies for elections of deputies of the respective rada, of village, settlement, city chairman and enumerate them;

3) direct activity of constituency and polling station commissions;

4) establish order of usage of funds for the conduct of elections, distribute funds among the constituency and polling station election commissions, perform control over their purposeful use; resolve issues of material and technical provision of preparation and conduct of elections;

5) hear reports of constituency and polling station election commissions, local bodies of the executive power and bodies of local self-government on issues of preparation and conduct of elections;

6) determine election results in the territory of the respective administrative-territorial unit, adopt decisions on the registration of elected deputies of rada, of village, settlement, city chairman, inform the rada and population about the voting results and election outcomes;

7) publish data on elected deputies, as well as data on elected village, settlement, city chairman, indicating surname, first name, patronymic, year of birth, party membership, place of work (occupation);

8) organize conduct of elections of deputies in the event of pre-term termination of authority of local rada, and in the event of the appointment of extraordinary elections to a local rada;

9) organize the conduct of elections of deputies whose authorities are pre-term terminated according to the law;

10) organize the conduct of elections of village, settlement, city chairman whose authority is pre-term terminated according to the law, as well as in the event of the appointment of extraordinary elections of village, settlement, city chairman;

11) perform control over the use by candidates of their private election funds according to this Law;

12) consider appeals and complaints regarding decisions and actions of constituency and polling station election commissions, cancel decisions of these commissions, cease their force or adopt other decisions on these issues;

13) inform the Verkhovna Rada of Ukraine about the outcomes of local elections;

14) exercise other authority according to this and other laws of Ukraine.

ARTICLE 16. Performing of functions of the constituency election commission by the territorial election commission

1. Village, settlement election commissions shall simultaneously perform the authorities of constituency election commissions on elections of deputies of appropriate radas, of village, settlement chairmen, and of rayon rada deputies as well.

2. Rayon election commissions shall simultaneously perform the authorities of constituency election commissions on elections of oblast rada deputies.

3. City election commissions shall simultaneously perform the authorities of constituency election commissions on elections of city chairmen. Besides, city election commissions of cities of rayon importance shall simultaneously perform the authorities of constituency election commissions on elections of city rada deputies, as well as respective rayon rada deputies; city election commissions of cities of oblast importance shall perform the authorities of constituency election commissions on elections of deputies of the appropriate oblast rada.

4. City (of cities of the Autonomous Republic of Crimeaís republican, oblast importance), rayon-in-city election commissions shall also, upon the decision of the appropriate rada or its executive committee, simultaneously perform the authorities of constituency election commissions on elections of deputies of this rada.

5. Rayon-in-city election commissions shall also, upon the availability of a decision of city rada or its executive committee, simultaneously perform the authorities of constituency election commissions on elections of city rada deputies.

ARTICLE 17. Constituency election commissions

1. Constituency election commission shall be formed according to this Law by the rada or its executive committee no later than 65 days prior to the day of conduct of elections consisting of a chairman, deputy chairman, secretary and 4-8 members of the commission.

2. Candidatures to the membership of constituency election commissions shall be submitted for the consideration of rada or its executive committee by a city chairman, chairman of rayon-in-city rada (in the event of his/her refusal or inability to carry out this function - by an official who according to the Law of Ukraine "On Local Self-Government in Ukraine" performs his/her authorities), taking into account proposals of local branches of political parties (blocs), public organizations, legalized in accordance with the law, and carrying out their activities in the respective territory, as well as of meetings of voters of the respective election constituency.

3. Order and terms for submission of proposals regarding the representatives in the complement of constituency election commission by the subjects, envisaged by the second paragraph of this Article, shall be established by city chairman, chairman of rayon-in-city rada (by an official who performs his/her authorities). Notification about the terms for submission of proposals shall be published no later than 5 days prior to the beginning of term for their submission.

4. In the event the proposals on candidatures to the complement of constituency election commission were not received within the established term, or if their number is less than as envisaged by the first paragraph of this Article, the respective rada or its executive committee shall upon the proposal of the city chairman, chairman of rayon-in-city rada (of an official, who performs his/her functions) elect to the complement of constituency election commission the necessary number of persons.

5. Chairman, deputy chairman and secretary of the constituency election commission can not be members of the same party (bloc).

6. The constituency election commission shall within a five-day term from the day of its formation inform the population about its location, telephone number and regime of work.

7. The term of the authority of the constituency election commission expires after the adoption by the respective territorial election commission of a decision on the registration of a deputy (deputies) of rada, elected in the respective election constituency, as well as of village, settlement, city chairman.

ARTICLE 18. Authority of the constituency election commission

The constituency election commission shall:

1) exercise control over the implementation of this Law on the territory of election constituency;

2) exercise control over the compilation of lists of voters and their submission to the polling station election commissions for general familiarization;

3) register candidates for deputies and for the positions of village, settlement, city chairman in the respective constituency, their authorized persons, as well as authorized persons of local branches of political parties (blocs), of public organizations and issue to them appropriate credentials;

4) inform population about the registered candidates, main data about them;

5) ensure printing of materials with biographical data of registered candidates and their pre-election programs;

6) jointly with bodies of local self-government, determine the order for placing of campaign materials, as well as specially arranged locations for this;

7) approve text of election ballots for the elections of deputies of rada, as well as of village, settlement, city chairman, ensure production of election ballots and their supply to the polling station election commissions;

8) assist candidates in the organization of their meetings with voters;

9) determine results of elections of a deputy in election constituency and of a village, settlement, city chairman; notify population of the voting and election results;

10) consider issues on cancellation of decision on registration of candidates in the events, envisaged by this Law;

11) organize conduct of repeat voting and repeat elections in cases, envisaged by this Law;

12) consider appeals and complaints regarding decisions and actions of polling station election commissions and adopt decisions on them;

13) perform other authority according to this Law.

ARTICLE 19. Polling station election commission

1. Polling station election commission shall be formed by village, settlement, city, rayon-in-city rada or its executive committee no later than 45 days prior to the day of elections, and in the exceptional cases, determined in the fifth paragraph of Article 13 of this Law, - five days prior to the day of elections, consisting of a chairman, deputy chairman, secretary and 5-11 members of the commission.

2. At polling stations where the number of voters does not exceed 50 persons, polling station election commissions can be formed consisting of a commission chairman, secretary and 1-3 members of the commission;

3. Candidatures to the complement of the polling station election commission shall be submitted for the consideration of the rada or its executive committee respectively by village, settlement, city chairman, chairman of rayon-in-city rada (in the event of his/her refusal or inability to perform this function - by an official, who according to the Law of Ukraine "On Local Self-Government in Ukraine" performs his/her functions) taking into account proposals of legalized according to the law local branches of political parties (blocs), public organizations, bodies of self-organization of population, which perform their activities in the respective territory, as well as of meetings of voters.

4. Order and terms for submitting proposals regarding representatives to the complement of polling station election commissions by the subjects, envisaged by the third paragraph of this Article, shall be established by village, settlement, city chairman, chairman, chairman of rayon-in-city rada (by an official, who performs his/her functions). Notification about the terms for submission of proposals shall be published no later than 5 days prior to the beginning of a term for their submission.

5. In the event the proposals regarding candidatures to the complement of polling station election commission were not submitted within the established term, or their number is less than envisaged by the first paragraph of this Article, the respective rada or its executive body shall upon the proposal of village, settlement, city chairman, chairman of rayon-in-city rada (of official who performs his/her functions) elect to the complement of polling station election commission the necessary number of persons.

6. Chairman, deputy chairman and secretary of the polling station election commission may not be members of the same party (bloc).

7. Decision of the respective rada on the complement of polling station election commissions shall be brought to notice of the population within three days.

8. Polling station election commission shall, within a five-day term from the day of its formation, inform citizens about its location, telephone number and regime of work.

9. The term of the authority of the polling station election commission shall terminate after the adoption by a respective territorial election commission of a decision regarding election of deputy of rada, as well as of village, settlement, city chairman and their registration.

10. In the event elections are conducted simultaneously with the elections of peopleís deputies of Ukraine, polling station election commissions shall be formed in accordance with the Law of Ukraine "On Elections of Peopleís Deputies of Ukraine".

ARTICLE 20. Authority of the polling station election commission

Polling station election commission shall:

1) verify the accuracy of the list of voters in the polling station;

2) ensure the possibility to familiarize the voters with lists of voters, accept and consider applications on errors in lists of voters and resolve issues on introduction of appropriate changes to it;

3) timely notify population and issue or mail to voters invitations indicating the date of conduct of elections, address of premises for voting, time of beginning and end of the voting;

4) create conditions for familiarization of voters with lists of candidates, registered in single-mandate and in multi-mandate election constituencies, with their pre-election programs, as well as with biographical data of candidates;

5) introduce changes into the election ballot, upon the decision of the respective constituency (territorial) election commission in the events envisaged by this Law;

6) provide for preparation of premises for voting, booths or rooms for secret voting, production of ballot boxes;

7) organize voting at the polling station;

8) tabulate votes cast at the polling station;

9) consider applications and complaints on issues regarding the preparation of elections and the organization of the voting at the polling station and adopt decisions regarding them;

10) perform other authority in accordance with this Law.

ARTICLE 21. Organization of work of election commission

1. Election commission shall organize its work in open and public manner.

2. The main form of work of election commission shall be its sessions, which shall be called by the chairman of the commission, and in the event of his/her absence - by the deputy chairman of the commission, and in cases envisaged by second paragraph of Article 19 of this Law - by the secretary of the commission.

3. In the event of absence of the chairman or deputy chairman of the commission or their refusal to call its session, the session of the commission can be called at the request of at least one third of the commission members initiating the conduct of session with obligatory notification of all members of the commission about time and place of the conduct of its session and about the issues proposed for consideration.

4. The first session of the election commission shall be called no later than on the third working day after its formation, and the subsequent ones - as necessary.

5. A session of the election commission shall have legal authority if more than half of the general complement of the commission members attend it.

6. The decision of the commission shall be adopted through open voting by a majority of votes of persons who are commission members.

7. A session of the election commission shall be conducted by its chairman or his/her deputy, and in the event they for any reasons do not carry out this function, the commission shall appoint one of its members as the chairman for the session.

8. All sessions of the commission shall be documented in minutes. Minutes of a session shall be signed by the person presiding at the session and by the commission secretary, or by the commission member who performs the duties of the secretary.

9. Persons who are members of the commission and do not agree with the adopted decision shall have the right to express a separate opinion in writing, which shall be attached to the minutes of the commission session.

10. Candidates, their authorized persons, authorized persons of local branches of political parties (blocs), public organizations, registered in accordance with this Law, official observers from public organizations of Ukraine and from other states, from international organizations, as well as representatives of the mass media shall have the right to be present at the sessions of the election commission. Other persons can be present at the session of the commission upon the decision of the commission.

11. The election commission may adopt a decision to deprive persons, stipulated in the tenth paragraph of this Article, of the right to participate in its session, if they hinder the conduct of the session.

12. The decision of the election commission, adopted within the limits of its authority, shall have binding power for the participants of elections and for the bodies, which ensure their conduct.

13. Chairman of the commission, his/her deputy, secretary or commission member shall have the right to accept and register documents and applications, received by the election commission. All documents and applications shall be registered in the order set forth by the commission.

14. The election commission may involve appropriate specialists, technicians for organizational, legal, technical provision of the accomplishment of the functions envisaged by this Law. Their work shall, upon the decision of the commission, be compensated within the limits of funds allocated to the commission for the preparation and conduct of elections.

ARTICLE 22. Appeal of decisions of election commission

1. Decisions, activity or inactivity of election commission, of certain persons who are its members can be appealed by local branches of political parties (blocs), by public organizations, meetings of voters, working collectives, which nominated candidates, or by their authorized persons, by candidates, their authorized persons, as well as by voters.

2. Decisions, activity or inactivity of polling station election commission can be appealed within 3 days to the respective constituency election commission, and decisions, activity or inactivity of constituency election commission - to the respective territorial election commission. Election commission which received the complaint must consider it within a three-days term, and if it was received less than five days prior to elections day or on the day of their conduct - immediately, and issue the substantiated decision to the applicant.

3. The decision of the territorial election commission can within three days be appealed in courtís order. The court shall consider this issue within a five-day term, but no later than one day prior to the day of elections. In the event the court finds the decision of the territorial election commission such that contradicts the law, it shall be considered as invalid in whole or in a part which contradicts the Law.

4. Applications, complaints on inaccuracies in lists of voters shall be considered by court within three days, and if they were submitted 3 days prior to the day of elections - immediately. The decision of the court shall be final and it shall be executed on the day the decision was made.

5. Appeals submitted to the court after the terms stipulated in this Article, cannot be considered.

6. Courts shall organize their work, including week-ends, during the election campaign in a manner to ensure timely consideration of appeals of all subjects of the electoral process.

ARTICLE 23. Legal status of persons who are members of election commission

1. A citizen of Ukraine, who has suffrage rights and permanently resides or works in the territory of the respective administrative-territorial unit, may be a member of the election commission.

2. Candidates or their authorized persons, authorized persons of local branches of political parties (blocs), public organizations, close relatives (husband, wife, children, parents, native brothers, sisters) of candidates cannot be members of the election commission. A person who is in custody or incarcerated also cannot be a member of the election commission. One person can be a member of only one commission.

3. Authority of the respective election commission or of certain persons, who are its members, can be pre-term terminated by the body, which formed the commission, if they violate the Constitution of Ukraine, this Law and other laws of Ukraine. Authorities of persons who are members of the election commission shall also be terminated due to their personal application of the resignation of the authorities in the commission, departure outside the boundaries of the respective administrative-territorial unit, as well as in case of their death.

4. In the event a person, who is a member of the election commission, is registered as a candidate, an authorized person of candidate, or as an authorized person of local branch of a political party (bloc), of public organization, his/her authority shall be deemed terminated from the day of such registration.

5. The commission can address the body which formed it with a proposal to replace the chairman, deputy chairman, secretary or member of the commission if at least 2/3 of its general complement vote in favor of this.

6. Election of a new chairman, deputy chairman, secretary or member of the election commission shall be carried out in the order established by this Law.

7. Upon the decision of the election commission, no more than three persons who are its members can, for the period of election campaign, work on a permanent basis in the commission being paid a salary pursuant to the standards of expenditures of the election commission, set forth by the Cabinet of Ministers of Ukraine. Payments for the work of the specified persons shall be carried out by appropriate local radas or their executive bodies.

8. Persons, who work in the commission on a permanent basis, shall be exempted from executing production or official duties at the main place of work for the appropriate period.

9. Persons, who are members of election commissions, shall have no right to participate in campaigning "for" or "against" candidates.

ARTICLE 24. Assistance to election commissions in performing their authorities

1. Local bodies of the executive power, bodies of local self-government, enterprises, institutions, organizations regardless property form, their officials are obliged to assist election commissions in performing their authorities.

2. Local bodies of the executive power, bodies of local self-government, enterprises, institutions and organizations of state and communal form of ownership shall, free of charge, allot premises and equipment necessary for the preparation and conduct of elections at the disposal of election commissions.

3. Rent for premises, and equipment belonging to enterprises, institutions and organizations of other forms of ownership for the specified purposes shall be paid at the expense of funds allocated for the conduct of elections.

4. The election commission shall have the right to address on issues connected with the preparation and conduct of elections local bodies of the executive power and bodies of local self-government, other bodies, enterprises, institutions, organizations regardless form of ownership, which are obliged to consider the addressed issue and give a reply to the election commission no later than within a three-day term.

 

CHAPTER IV. LISTS OF VOTERS

ARTICLE 25. Procedure of compilation of lists of voters

1. Voter lists shall be compiled for each polling station by the executive bodies of village, settlement, city, rayon-in-city radas for the conduct of elections of deputies of local radas and of village, settlement, city chairmen, following the form established by the Central Election Commission.

2. All citizens of Ukraine, who are 18 years of age on the day of elections, and who, at the moment of compilation of list, reside in the territory of respective polling station and have suffrage rights, shall be included in the list of voters.

3. If exact data on the date (month and day) of birth of a citizen is missing, January 1 of the respective year shall be considered as this date.

4. One person can be entered in the voter list of only one polling station.

5. The list of voters shall include surname, first name, patronymic, date of birth, address (place of residence) of a voter. Surnames of voters shall be entered on the list of voters in an order convenient for the organization of voting.

6. Lists of voters compiled for each polling station shall be signed by the chairman of the executive body of village, settlement, city, rayon-in-city rada. He/she shall be personally accountable for the accuracy, completeness of lists of voters, as well as for their prompt delivery to the polling station election commissions.

7. List of voters shall be delivered to the polling station election commission no later than 45 days prior to the day of elections.

8. Polling station election commission shall verify the list of voters, after which it shall be signed by the chairman and the secretary of the commission and presented for general familiarization of voters no later than 15 days prior to the day of elections.

9. Voters, who arrived in the territory of the polling station with the purpose of permanent residence after the verification of lists, shall be included by the polling station election commission in the list of voters on the basis of documents which certify their identity and address (place of residence).

10. Persons, who moved from the territory of the polling station to another place of residence, as well as persons who died or were found by court incompetent or who are incarcerated by courtís order, shall be excluded from the list of voters on the basis of appropriate documents.

11. Lists of voters servicemen, who are sojourning at the military units, as well as of family members of servicemen and of other voters, who reside within the regions of location of military units, shall be compiled by polling station election commissions on the basis of data, submitted by the commanders of military units. Military servicemen who reside outside of military units, shall be included into the list of voters at their place of residence on general basis.

12. Lists of voters at polling stations formed in stationary medical, sanatorium and health-care establishments, as well as on ships which are in sea on the day of elections, shall be compiled by polling station election commissions on the basis of data submitted by the chairmen of the mentioned institutions, by captains of vessels.

ARTICLE 26. Familiarization with lists of voters

1. Every voter shall be provided with an opportunity to familiarize with voter list in the premises of polling station election commission and to verify the accuracy of data regarding him/her.

2. A voter shall be provided with the right to appeal non-inclusion, erroneous inclusion to the list or exclusion from the list of voters, as well as inaccuracies made in data regarding him/her. An application regarding errors in the voter list shall be considered by the polling station election commission, which is obliged no later than within a two-day term, or when on the eve or the day of elections - immediately, to consider an application, make the necessary corrections in the list or issue to the applicant a copy of the substantiated decision regarding the denial of his/her application. This decision may be appealed to a court in the order stipulated by this Law.

 

CHAPTER V. NOMINATION OF CANDIDATES

ARTICLE 27. Order of nomination of candidates at meetings of voters at the place of their residence, work or studies

1. Nomination of candidates shall begin 60 days prior and shall be terminated 45 days after the day of elections.

2. Meetings of voters at the place of their residence, work or studies, called in the village, settlement, city of rayon importance, in the event that:

∑ at least 10 voters participate in them, shall have the right to nominate one candidate for deputy, respectively, of a village, settlement, city rada in one of the single-mandate election constituencies;

∑ at least 50 voters participate in them, shall have the right to nominate one candidate for the position of a village, settlement, city chairman, one candidate for deputies of respectively village, settlement, city rada in each single-mandate election constituency, as well as one candidate for deputy per rayon, oblast rada in the respective multi-mandate election constituency.

3. Meetings of voters called in the city (except for cities of rayon importance), in the city rayon, in the event that:

∑ at least 25 voters participate in them, shall have the right to nominate one candidate for deputies per city, rayon-in-city rada in the respective single-mandate election constituency, in the territory of which their participants reside or work;

∑ at least 100 voters participate in them, shall have the right to nominate one candidate for the position of city chairman, no more than five candidates for deputies of city and no more than five candidates for deputies of rayon-in-city rada in the respective election constituencies, as well as one candidate for deputy of oblast rada.

4. Order of calling and conduct of meetings of voters at the places of their residence, work or studies must correspond to the following requirements:

1) initiators of the conduct of a meeting are obliged to notify the respective constituency (territorial) election commission about the date and place of its conduct no later than three days prior to the day of conduct of a meeting;

2) at the beginning of meeting, the list of its participants shall be compiled indicating surname, first name, patronymic, date of birth, place of permanent residence or work. The participant of the meeting shall put personal signature opposite to his/her surname;

3) the presidium of meeting shall be elected and the minutes shall be made at the meetings of voters. Date and place of conduct of meeting, number of its participants, candidatures that were discussed, number of votes cast "for" and "against" the nomination of a candidate (candidates), decision of the meeting, as well as data about the nominated candidate (candidates): surname, first name, patronymic, date, month and year of birth, party membership, position (occupation), place of work and residence - shall be indicated in the minutes. The list of the participants of meeting shall be attached to the minutes;

4) every participant of a meeting shall have the right to propose for discussion any candidature, including his/hers;

5) a candidate shall be deemed nominated if more than a half of the participants of a meeting voted for him. The candidate shall be informed about the adopted decision.

5. The minutes of the meeting, signed by members of the presidium of the meeting, shall be sent to the respective constituency (territorial) election commission in the order established by it.

ARTICLE 28. Self-nomination of Citizens as Candidates on Local Elections

1. A citizens of Ukraine shall, on condition of adhering to the requirements provided for by Article 6 of this Law, have the right of self-nomination as a candidate for deputy of local rada, or as a candidate for the position of village, settlement, city chairman by means of filing to the respective constituency (territorial) election commission an application with a request to register him as a candidate, no later than 40 days prior to the day of elections.

2. A list of citizens of Ukraine, who reside in the territory of the respective election constituency, have suffrage rights and support the respective candidature, with an indication of surname, first name, patronymic, date, month and year of birth, place of residence, series and number of the passport or of another document certifying the identity of a citizen, shall be attached to the application. The accuracy of data regarding every citizen included in the list shall be certified by his/her own signature.

3. A person nominating his/her candidature respectively for the candidate for deputy of village, settlement, city (city of rayonís importance) rada shall be supported by at least 6 citizens, of city (except for cities of rayon importance), rayon in city, rayon, oblast rada - by at least 25 citizens.

4. A person nominating his/her candidature as candidate for the position of village, settlement, city (city of rayonís importance) chairman, shall be supported by at least 26 citizens, and of city (except for city of rayonís importance) chairman - by at least 51 citizens.

ARTICLE 29. Procedure of nomination of candidates by local branches of political parties (blocs), public organizations

1. Village, settlement, city, rayon-in-city, rayon, oblast branches of political parties (blocs) and public organizations, which expressed their intention to participate in local elections, shall no later than 70 days prior to the day of elections submit to the respective territorial election commissions applications signed by their heads.

2. Certificate of legalization of the respective branch of the political party (bloc), public organization with the number of members of the respective organization shall be attached to the application of the respective branch of the political party (bloc), public organization.

3. Branches of political parties which united into electoral bloc shall, besides, attach to the application an agreement about their unification in the electoral bloc indicating the number of members of local branches of political parties which united into the bloc, signed by the heads of respective branches of political parties.

4. An authorized person of the local branch of the party (bloc), of public organization, his/her address and telephone number shall be indicated in the application.

5. The respective territorial election commission shall register local branch of political party (bloc), public organization for participation in local elections, and issue to their representatives a copy of a decision on registration, as well as notify voters, constituency and polling station election commissions about it.

6. Nomination of candidates by local branches of political parties (blocs), of public organizations shall be carried out within the terms, determined by first paragraph of Article 27 of this Law.

7. Village, settlement, city (city of rayon importance) branch of the political party (bloc), public organization which comprises at least 15 members, can nominate one candidate to each position, respectively, of village, settlement, city chairman, one candidate for deputy respectively to village, settlement, city rada in every single-mandate election constituency, as well as one candidate for deputies of rayon rada in the respective multi-mandate election constituency.

8. City (except for cities of rayon importance) branch of a political party (bloc), of public organization, which comprises at least 50 members, can nominate one candidate for deputy of city rada in every single-mandate election constituency, as well as one candidate for deputy of oblast rada in the respective multi-mandate election constituency. Respective city branch, which comprises at least 100 members can, besides, nominate one candidate for the position of city chairman.

9. Rayon in city branch of the political party (bloc), of public organization which comprises at least 15 members can nominate one candidate for deputies of the respectively rayon-in-city rada in every single-mandate election constituency and one candidate for deputies of city rada in every single-mandate election constituency, which are located on the territory of rayon.

10. Rayon branch of the political party (bloc), of public organization which comprises at least 50 members, can nominate one candidate for deputies of rayon rada in every election constituency, as well as candidates for deputies of oblast rada in the number so that not to exceed the number of deputyís mandates established for the respective election constituency.

11. Oblast branch of the political party (bloc), of public organization which comprises at least 100 members can nominate candidates for deputies of oblast rada in each election constituency in the number which must not exceed the number of deputyís mandates established for the respective election constituency.

12. The decision of local branch of the political party (bloc), of public organization on nomination of candidates shall be adopted at its meetings (conferences) in the order envisaged by the statutes (regulations) of the respective parties, public organizations, of which the minutes shall be made.

13. The minutes of a meeting (conference) of local branch of the political party (bloc), of public organization shall include the date and place of their conduct, the number of members comprised by the respective branch of the political party (bloc), of public organization, the number of the participants, decision of the meeting (conference), as well as data on each candidate (surname, first name, patronymic, date, month and year of birth, party membership, position (occupation), place of work and residence). The minutes shall be submitted to the respective constituency (territorial) election commission in the order established by it.

14. The decision of local branch of the political party (bloc), of public organization on the nomination of candidates shall be signed by the head of the respective local branch of the political party (heads of local branches of parties, which united in the bloc), by the head of the respective local branch of public organization.

15. The local branch of the political party (bloc), of public organization can also nominate candidates who are not members of the respective parties, public organizations. Nomination by local branch of the political parties (bloc) of a candidate for deputy who is a member of another party (of parties which are not parts of the bloc) is unacceptable.

 

CHAPTER VI. REGISTRATION OF CANDIDATES FOR DEPUTY AND FOR POSITIONS OF VILLAGE, SETTLEMENT, CITY CHAIRMEN

ARTICLE 30. Procedure of Registration of Candidates

1. Registration of candidates shall begin 55 days and end 30 days prior to the election day.

2. Decision on the registration of candidates shall be adopted by the constituency (territorial) election commission if the following documents are available:

1) minutes of voterís meetings at the place of their residence, work (meeting of working collective), or studies, minutes of meeting (conference) of the local branch of the political party (bloc), of public organization on the nomination of candidates;

2) application of a person with the consent to be nominated as a candidate for deputy for the position of village, settlement, city chairman in the respective election constituency, and with his/her obligation to cease, in the event of election as deputy, village, settlement, city chairman, working or another activity which is incompatible with their status;

3) auto-biography of the candidate, his/her election program;

4) declaration of property and incomes of the candidate for the preceding year, completed in the format established by the Ministry of Finance of Ukraine;

5) references about place of residence and work.

3. The decision on registration of candidates, who nominated themselves in election constituencies, in the territory of which they reside or work, shall be adopted by the constituency (territorial) election commission on the basis of the respective application of a candidate, to which the list of citizens of Ukraine shall be attached, who supported his/her candidacy in accordance with the requirements of Article 28 of this Law, on the basis of an application of a candidate with the obligation to cease in case he/she is elected a deputy, a village, settlement, city chairman, working or other activity which is incompatible with their status, as well as on the basis of availability of documents envisaged by sub-paragraphs 3, 4 and 5 of second paragraph of this Article.

4. The constituency (territorial) election commission shall, upon reception of documents envisaged by second (third) paragraph of this Article, issue to the person who submitted these documents a certificate with indication of date, month, year, and time of receipt of documents.

5. The constituency (territorial) election commission shall, no later than on the fifth day after the reception of documents for registration of a candidate, adopt a decision on registration of a candidate or on a refusal in his/her registration indicating the motives of refusal. Based on the results of registration, the election commission shall make minutes on the registration of the candidate, following the form established by the Central Election Commission. The subjects which nominated the candidate shall be notified of the commissionís decision no later than on the second day after its adoption.

6. In the event of eliminating the drawbacks which caused the refusal to register a candidate, and of submitting the necessary documents to the constituency (territorial) election commission no later than three days before the term of registration of candidates established by this Law expires, the commission shall repeatedly consider the issue of registration and adopt an appropriate decision.

7. The decision of the constituency (territorial) election commission regarding the registration or non-registration of a candidate can be appealed in the order established by this Law.

8. The constituency (territorial) election commission shall, no later than on the fifth day after the registration of candidates, publish or bring to the knowledge of population through other way an announcement about the registration of candidates indicating surname, first name, patronymic, year of birth, party membership, position (occupation), place of work and residence of every candidate.

9. The constituency (territorial) election commission shall issue to the registered candidate an appropriate credential following the form established by the Central Election Commission.

ARTICLE 31. Withdrawal by a Candidate of his/her Candidature. Canceling the Decision on Registration of a Candidate

1. A candidate can, at any time before the election day, withdraw his/her candidature regarding which he/she shall submit a written application to the constituency (territorial) election commission which registered him/her as a candidate.

2. The decision of the constituency (territorial) election commission on removing a candidate from the registration shall be only adopted upon the candidateís own application regarding this, and based on the courtís verdict of guilt enforced in regard to the person registered as a candidate, in other cases directly provided by laws, and in case of his/her death.

3. Removing a candidate from registration upon the initiative of subjects which, adhering the requirements of this Law, nominated him/her as a candidate, shall be prohibited.

4. The constituency (territorial) election commission may adopt a decision on removing a candidate from registration also in the event of his/her violation of this Law, fact of commitment of which shall be established by court. An appropriate application shall be considered by court within three days after its reception by court, but no later than one day prior to the elections.

5. The constituency election commission shall in a three-day term notify the person who was registered as a candidate, the subject which nominated the candidate, as well as voters of the respective constituency about the cancellation of the decision on candidateís registration.

ARTICLE 32. Procedure of Nomination and Registration of a Candidate to Replace the One Who Resigned

1. In the event of the resignation of a candidate after his/her registration and in case that no other candidates are registered five days prior to the expiration of the term of registration of candidates in single-mandate election constituency, and that the number of candidates, registered in multi-mandate majoritarian election constituency is less than the quantity of mandates, the constituency (territorial) election commission shall address the voters, local branches of parties, public organizations through the mass media with a proposal to additionally nominate candidates. Additionally nominated candidates shall be registered in the order established by Article 30 of this Law.

2. If after the expiration of term of registration of candidates in single-mandate election constituency one candidate remains [registered], and if the number of registered candidates in multi-mandate majoritarian election constituency is equal to or less than the number of mandates, the voting shall be conducted on the registered candidates.

3. In the event that no candidate remains in the respective single-mandate election constituency, elections in this constituency shall be conducted according to the requirements of Article 49 of this Law.

 

CHAPTER VII. CANDIDATES AND THEIR AUTHORIZED PERSONS. AUTHORIZED PERSONS OF LOCAL BRANCHES OF POLITICAL PARTIES (BLOCS), OF PUBLIC ORGANIZATIONS

ARTICLE 33. Rights of a Candidate During the Conduct of Election Campaign

1. From the moment of their registration by the election commissions, candidates shall have equal rights in the conduct of election campaign: while speaking at pre-election and other sessions, councils, sittings, and meetings directly connected with the elections, in the mass media.

2. Territorial, constituency election commissions, bodies of executive power, bodies of local self-government, their officials are obliged to assist candidates in organizing their meetings with voters, in acquiring of necessary informational and reference materials, in providing premises for the conduct of events envisaged by this Law.

3. After his/her registration, a candidate can be exempted upon his/her own initiative, for the days of conduct of meetings with voters and other events envisaged by this Law, from the execution of production or official duties, rendering to him/her an unpaid vacation. Upon the decision of the territorial election commission, a candidate shall be paid a salary for the days of rendered unpaid vacation by the respective rada or its executive committee from funds allocated for the conduct of elections, based on calculation of his/her average salary (official pay) at principal place of work taking into account the indexation.

ARTICLE 34. Authorized Persons of a Candidate

1. A candidate for deputy can have no more than five, and a candidate for the position of village, settlement, city chairman - no more than ten authorized persons who are assisting him/her in the conduct of election campaign, who carry out campaign publicity for his/her election as a deputy, village, settlement, city chairman, who represent candidateís interests in relations with election commissions, local bodies of executive power and bodies of local self-government, public organizations, voters. Only a citizen of Ukraine who has suffrage rights can be an authorized person of a candidate.

2. A candidate shall determine authorized persons and file to the respective constituency (territorial) election commission an application about their registration. An application regarding every candidature for an authorized person shall contain surname, first name, patronymic, office and home address, telephone number; also a written consent of this person shall be presented. Refusal in registration of an authorized person of a candidate can be appealed in court. The election commission shall, after the registration of authorized persons, issue to them credentials following the form established by the Central Election Commission.

3. A candidate has the right at any time before the election day to file to the constituency (territorial) election commission an application about suspension of the authority of his/her authorized person and about the registration of another person. An authorized person of a candidate may, at any time upon his/her own initiative, terminate his/her authority by returning to the constituency (territorial) election commission the credential issued to him/her, and inform the candidate about this.

4. The authorities of authorized persons of candidates begin from the day of their registration by constituency (territorial) election commission, and terminate on the day constituency (territorial) election commission adopts a decision on the registration of the elected deputy, village, settlement, city chairman.

5. Authorized persons shall perform their functions on a voluntary basis.

ARTICLE 35. Authorized Persons of Local Branches of Political Parties (Blocs), of Public Organizations

1. Every local branch of the political party (bloc), of public organization, candidate (candidates) of which is registered (are registered) by the constituency (territorial) election commission, can have up to three authorized persons who represent their interests in relations with election commissions, local bodies of executive power, bodies of local self-government, voters. Only a citizen of Ukraine who has suffrage rights can be an authorized person.

2. A list which is submitted for the registration of authorized persons shall inscribe their surnames, first names, patronymics, office and home addresses, telephone numbers.

3. The constituency (territorial) election commission shall, no later than within three days after the receipt of appropriate documents by it, register authorized persons of local branches of political parties (blocs), public organizations and issue to them appropriate credentials following the form established by the Central Election Commission.

4. The administrative body of local branch of the political party (bloc), of public organization can at any time before the election day file to constituency (territorial) election commission an application about the suspension of the authority of authorized persons, and submit candidatures of other persons for the registration.

5. The authorities of authorized persons begin from the day of their registration, and terminate after constituency (territorial) election commission registers the elected deputies in the given election constituency.

6. Authorized persons of local branches of political parties (blocs), of public organizations shall perform their functions on a voluntary basis.

 

CHAPTER VIII. PRE-ELECTION CAMPAIGN PUBLICITY

ARTICLE 36. Forms and Means of Pre-Election Campaign Publicity

1. Citizens of Ukraine, political parties, other associations of citizens, their local branches, collectives of enterprises, institutions and organizations regardless of the ownership form have the right, from the day of registration of candidates by the respective election commissions, to freely and comprehensively discuss the pre-election programs of candidates, their political, professional and personal qualities, to unimpededly carry out publicity "for" or "against" one or another candidate.

2. Participation of bodies of the executive power, bodies of local self-government, and their officials, as well as of persons who are members of election commissions, in the pre-election campaign publicity is not allowed.

3. Candidates, their authorized persons, authorized persons of local branches of political parties (blocs), of public organizations shall meet voters both at meetings and in other forms convenient for the voters. Election commissions jointly with local bodies of executive power, bodies of local self-government shall assist in the conduct of such meetings - by allotting premises to them, notifying in advance of the time and place of meetings, and by undertaking other measures.

4. Pre-election campaign publicity can be carried out at gatherings, meetings, in press, on the radio and television, and in any other manner and through any means which do not contradict the Constitution and the laws of Ukraine.

5. Organizers and participants of meetings, of other pre-election events are accountable for the observance of current legislation while conducting these events.

6. A candidate can stand out with his/her election program, which should not contradict the Constitution and the laws of Ukraine.

7. Mass media shall cover the course of preparation and conduct of elections. Their representatives are guaranteed an unimpeded access to all the events related to elections. Election commissions, local bodies of executive power, bodies of local self-government shall provide them with information about the preparation and conduct of elections.

ARTICLE 37. Materials of Pre-Election Campaign Publicity

1. The constituency (territorial) election commission shall ensure the printing of materials about candidates at the expense of funds allocated for the conduct of elections. The number of copies printed shall be determined by constituency (territorial) commission, and must be equal for all candidates registered in the respective election constituency.

2. For the printing of pre-election materials about the candidate, he/she must submit to the constituency (territorial) election commission, along with other documents for registration, his/her pre-election program, autobiography up to two pages long of typewritten text typed in a format of one and a half space. Pre-election posters must not contain false data or commercial advertisement.

3. Candidates are obliged to submit to constituency (territorial) election commission drafts of pre-election campaign publicity materials signed by them, the manufacturing of which is to be accomplished on a contractual basis within the limits of the respective election fund, and also to notify of the number of copies to be printed.

4. Printed campaign publicity materials must inscribe information about the organization, institution, persons in charge of their manufacturing, as well as initial data about the institution which printed them, the amount of material printed.

5. Candidates or their authorized persons are obliged no later than within three days after materials were manufactured, to submit one copy of each type of printed campaign publicity materials to the constituency (territorial) election commission with the signature of the respective candidate.

6. Mass media, the founder or one of the co-founders of which is a local body of executive power or a body of local self-government, as well as mass media which are fully or partially financed at the expanse of state funds or funds of local self-government, are obliged to ensure equal opportunities for pre-election speeches of candidates, their authorized persons.

7. The mass media are obliged to refrain from publicizing unverified materials which compromise candidates. It is prohibited to publish or disseminate in any other way the results of public opinion polls during the last 10 days prior to the election day, and on the day of elections. If the mass media have publicized compromising materials regarding a candidate, they are obliged, no later than 5 days before the elections, to render the respective candidate or his/her authorized person, at their request, an opportunity for refutation of such materials.

8. Bodies of local self-government shall allot special places and set up stands, boards for placement of pre-election campaign publicity materials. They may adopt a decision banning posting of these materials on particular buildings which are historical monuments, monuments of architecture, and in the places where they could impede the safety of road traffic.

ARTICLE 38. Restrictions on Carrying Out Pre-Election Campaign Publicity

1. During election campaign, candidates or their authorized persons, authorized representatives of local branches of political parties (blocs), of public organizations, who are employees (owners) of the state and non-state mass media are prohibited from publishing materials, participating in radio and television programs which are of campaign publicity nature or concern the preparation and conduct of elections, from taking more space (time) than it is determined by constituency (territorial) election commission for other candidates.

2. Persons who are not citizens of Ukraine are prohibited from carrying out pre-election campaign publicity.

3. Campaign publicity on the elections day - dissemination of election leaflets, posters, appeals to voters to vote "for" or "against" candidates, or to boycott elections in any - shall be prohibited.

4. Influence on voters by means of oral or written appeals on the election day in the premises for voting or near them is prohibited. Publicizing results of the votersí polls in regard to whom they cast their votes for on radio and television is unacceptable before the termination of voting.

5. All disputes regarding pre-election campaign publicity shall be resolved by the constituency (territorial) election commission, decisions of which can be appealed through courtís procedures.

 

CHAPTER IX. VOTING PROCEDURE

ARTICLE 39. Time and Place of Voting

1. Voting shall be held on the election day or on the day of repeat voting from 7 a.m. till 10 p.m.

2. The polling station election commission shall no later than 15 days prior to the election day inform the voters of the time and place of voting.

ARTICLE 40. Election Ballot

1. The election ballot must include: in a single-mandate election constituency - the name of the rada to which the elections or deputies are being conducted, number of the election constituency, and for the elections of village, settlement, city chairman - respectively the name of the village, settlement, city wherein the chairman is being elected; in the multi-mandate election constituency - the name of the rada to which the elections of deputies are being conducted, the number of the election constituency, the number of mandates in this constituency.

2. The election ballot for voting in single-mandate and multi-mandate election constituencies shall inscribe, in an alphabetical order, all registered candidates indicating surname, first name, patronymic, year of birth, party membership, position (occupation), place of work.

3. On the election ballot, an empty square shall be placed to the right of the surname of every candidate. After all the candidatesí names, the following entry shall be contained: "Do not support any of the candidates". An empty square shall be placed to the right of and opposite to this entry.

4. The election ballots shall be produced according to the forms established by the Central Election Commission. Ballots for elections of deputies of different links of radas, of village, settlement, city chairmen must differ by paper color or by ink color used to print the ballot.

5. The territorial election commission can, if necessary, change the size of election ballot for elections of rada deputies, of village, settlement, city chairman depending on the number of registered deputies, or, without changing its size, continue printing their names on the back side of the ballot using a footnote on the first page: "List is continued on the back side". In this case, the following superscription shall be on the back side of the ballot: "List is continued here, see the beginning on the back".

6. If a candidate has resigned from the nomination after election ballots were printed out, the constituency (territorial) election commission shall adopt a decision to reprint election ballots, or to cross out the respective candidateís name from the election ballot.

7. Election ballots are documents of strict accountability and are to be accounted. Chairman, deputy chairman, secretary and members of the respective election commissions shall bear personal responsibility for their storage and use.

8. On the eve of voting, in order to protect election ballots from their potential forgery, chairman and secretary of the polling station election commission shall put their signatures on each one of them.

ARTICLE 41. Premises for Voting

1. Voting shall be conducted in specially allotted premises which must be equipped with the necessary number of booths or rooms for secret vote-casting, which must have specific places for handing out the election ballots, and have installed ballot boxes.

2. Ballot boxes shall be placed in such a way so that the voters, while approaching them, are sure to pass through the booths or rooms for secret vote-casting.

3. Entrance to the booths or rooms for secret voting, exit from them, as well as the path from them to the ballot boxes, and the ballot boxes themselves must be situated within the sight of the members of polling station election commission.

4. The polling station election commission shall bear responsibility for organizing the voting, ensuring the secrecy of the votersí will, equipping the premises and maintaining order in them.

5. A voter can stay in the premises for voting only for the time necessary for vote-casting.

6. Official information about candidates, as well as the text of this Law must be arranged in places accessible for voters within the premises for voting.

ARTICLE 42. Ballot Box

1. A ballot box for voting shall be manufactured following the sample established by the Central Election Commission.

2. Polling station election commissions may use ballot boxes of reduced size for voting in polling stations with an insignificant number of voters, as well as if the voting is held in the places of stay of particular voters who, due to health condition or for other reasons, cannot arrive at the premises for voting.

ARTICLE 43. Voting Procedure

1. On the election day before the commencement of voting, chairman of a polling station election commission shall check and seal or stamp the ballot boxes in the presence of commission members, authorized persons of local branches of political parties (blocs), of public organizations, candidates, their authorized persons, observers who remain at the polling station at this time.

2. The election ballots shall be handed out to voters by members of polling station election commission on the grounds of the voter list of the polling station after a voter presents a passport or another document certifying his/her identity. A voter shall sign in the voter list to confirm the reception of election ballot (ballots).

3. The quantity and content of election ballots, which a voter receives, depends on the peculiarities of local elections determined based on Articles 2, 3, 4 of this Law.

4. In the event when certain voters cannot, due to health condition or for other valid reasons, arrive at the premises for voting, the polling station election commission shall upon their written application charge at least two commission members to organize voting in the places of these votersí location. With that, an extract from the list of voters shall be made on the eve of voting in the form of a list which shall be handed by the chairman of polling station election commission to the appropriate commission members along with the necessary number of election ballots, and with the sealed or stamped ballot box.

5. When voting in the place of the voterís location, he/she shall sign, to confirm the reception of election ballot (ballots), in the extract from the voter list, and vote adhering the requirements of this Law.

6. After the conduct of voting in the place of voterís location, an appropriate mark shall be made on the voter list. An extract from the voter list shall be attached to the voter list.

ARTICLE 44. Procedure of Filling Out Election Ballot

1. Every voter shall vote personally. Voting for other persons is unacceptable.

2. The election ballot shall be filled out by voting person in the booth or room for the secret voting. When filling out the ballot, anyone else but the voting person is prohibited from being present. A voter who is incapable to autonomously fill out the ballot, can invite to the booth or room for secret voting any other person except for election commission members, authorized persons of local branches of political parties (blocs), of public organizations, candidates who are campaigning in the given election constituency, and their authorized persons.

3. In the election ballot for voting in single-mandate election constituency, a voter shall put a "plus" (+) sign or another, which provides an unambiguous answer regarding voterís will, in the square opposite to the name of the candidate, in favor of whom he/she votes. Voter can vote in favor of only one candidate. In the event a voter does not support any candidate, he/she shall put an appropriate sign in the square opposite to the words: "Do not support any of the candidates".

4. In the election ballot for voting in multi-mandate election constituency, voter shall put a "plus" (+) sign or another, which provides an unambiguous answer regarding his/her will, in the square opposite to the names of the candidates, in favor of whom he/she votes. In the event that voter does not support any candidate, he/she shall put an appropriate sign in the square opposite to the words: "Do not support any of the candidates".

5. On the election ballot for the voting on the candidate lists of local branches (organizations) of parties (blocs) in the unified multi-mandate election constituency, voter shall put a "plus" (+) sign or another, that gives an unambiguous answer concerning his/her will, in the square opposite to the name of local branch (organization) of party (bloc), in favor of which he/she votes. Voter can vote in favor of only one local branch (organization) of party (bloc). In the event that voter does not support candidate list of any local branch (organization) of party (bloc), he/she shall put a sign in the square opposite to the words: "Do not support any of the local branches (organizations) of parties (blocs)".

6. Voting person shall drop the filled election ballot into the ballot box.

7. While conducting the voting, it is unacceptable to close the premises for voting, suspend voting, open the ballot boxes, calculate votes before the termination of time for voting established by this Law.

8. All voters who, on the moment of termination of the voting term, remain in the premises for voting have the right to cast votes.

9. Opening of ballot boxes before the termination of voting is prohibited.

 

CHAPTER X. DETERMINING ELECTION RESULTS

ARTICLE 45. Procedure for Calculation of Votes at the Polling Station

1. Calculation of votes at the polling station shall be conducted by polling station election commission separately by each single-mandate, multi-mandate election constituency, by each candidate. While handing out ballots for voting and calculation of votes, nobody has the right to put any marks or signs on them.

2. While calculating the votes, polling station election commission must adhere the following sequence of actions:

1) after the completion of voting, election commission shall cancel and count unused election ballots, pack them in separate packages by each constituency, each rada. The package shall inscribe number of polling station, of constituency, name of the rada and quantity of unused ballots. The package shall be sealed and signed by commissionís chairman and secretary;

2) election commission shall determine, based on the voter list, the general number of voters at the polling station, number of voters in each election constituency, as well as the total number of voters and number of voters in each election constituency who received election ballots;

3) chairman of polling station election commission shall, in the presence of commission members and other persons who can be present at the commissionís session in accordance with this Law, check the integrity of the imprints of stamp or seal on the ballot boxes, and open these boxes;

4) commission shall calculate, separately within the boundaries of the given polling station by each election constituency, the general number of election ballots that were in the boxes, and the number of ballots declared void.

3. Election ballots of an unidentified format, ballots not containing the signatures envisaged by the eighth paragraph of Article 40 of this Law, ballots wherein no mark was put by the voter, shall be declared void. While voting in single-mandate election constituencies, ballots wherein marks were put in the squares opposite to the names of more than one candidate, shall also be deemed void. While voting in single-mandate and multi-mandate election constituencies, ballots wherein marks were put in the squares opposite to the name (names) of a candidate (candidates) and to the sign "Do not support any of the candidates", shall be deemed void.

4. If doubts regarding the validity of election ballot arise, the issue shall be resolved by the polling station election commission through voting.

5. The determined number of void election ballots shall be entered in the minutes. Void ballots shall be packed separately by each election constituency with an indication on the envelope of the number of polling station, election constituency, name of rada to which the elections are conducted. Packed envelope shall be signed by the chairman and secretary of polling station election commission.

6. The commission shall calculate votes cast in favor of every candidate, as well as the number of votes of those who did not support any of the candidates, any of the candidate lists. After that, election ballots shall be packed with an indication on the envelopes of the number of polling station, election constituency, name of rada to which the elections are conducted. Packed envelope shall be signed by the chairman and secretary of the polling station election commission.

7. Surnames of citizens additionally entered in the ballot by voters shall not be taken into account.

8. Polling station election commission shall make minutes separately for every election constituency which shall inscribe:

1) general number of voters at the polling station of the election constituency;

2) number of voters who received election ballots;

3) number of voters who voted;

4) number of election ballots declared void;

5) number of votes cast in favor of each candidate;

6) number of votes of voters, who did not support any of the candidates.

9. Results of the calculation of votes shall be considered at the session of the election commission regarding which minutes are to be made following the form established by the Central Election Commission. Each minutes of the polling station election commission regarding the voting results shall be made in three copies and signed by the chairman, deputy chairman, secretary, and by members of polling station election commission. Separate comments of commission members in the written form shall also be attached to them, if such were expressed.

10. The first copy of minutes along with the packages of election ballots shall be immediately delivered to the respective constituency (territorial) election commission, the second one shall be at once posted in the premises of polling station election commission for general familiarization, the third one shall be stored in the records of the polling station election commission.

11. Transportation and passing of the minutes and other election documents to constituency (territorial) election commission shall be done by the chairman or deputy chairman, and by two members of polling station election commission accompanied by an employee of interior body.

ARTICLE 46. Determining Election Results in the Election Constituency

1. Constituency (territorial) election commission shall, on the basis of minutes of the polling station election commissions regarding the voting results, determine:

1) general number of voters in election constituency;

2) number of voters who received election ballots;

3) number of voters who voted;

4) number of election ballots declared void;

5) number of votes cast in favor of each candidate for deputy, for the position of village, settlement, city chairman;

6) number of votes of those voters who did not support any of the candidates.

2. A candidate for deputy, a candidate for the position of village, settlement, city chairman who received on elections the greatest, compared to other candidates, number of votes cast, shall be deemed elected in single-mandate election constituency.

3. If only one candidate was nominated in single-mandate election constituency, he/she shall be deemed elected if the majority of voters, who took part in the voting, voted "for" him/her.

4. Candidates in multi-mandate election constituency, who received a greater, compared to other candidates, number of votes cast, shall be deemed elected. With that, the general number of elected candidates cannot exceed the number of deputy mandates determined for the given election constituency.

5. In the event that two or more candidates acquired the largest and at the same time the same number of votes, the constituency (territorial) election commission shall adopt a decision to conduct repeat voting on these candidatures, which is to be held no later than within a two-week term after the day of elections according to order, established by this Law.

6. The constituency (territorial) election commission may declare elections in election constituency as such that were not conducted if voting was not held due to resignation of all registered candidates or for other reasons.

7. Voting and election results in the election constituency shall be determined at the session of constituency (territorial) election commission and entered in the minutes which shall be made in three copies following the form established by the Central Election Commission. The minutes shall be signed by the chairman, deputy chairman, secretary, and by members of constituency (territorial) election commission. The first copy of minutes along with the envelopes with election ballots shall be immediately delivered to the territorial election commission, the second one shall be at once posted in the premises of constituency (territorial) election commission for general familiarization, and the third one shall be stored in the records of constituency (territorial) election commission.

ARTICLE 47. Declaring Local Elections Void and Conduct of Repeat Voting

1. The constituency (territorial) election commission can declare elections void in the election constituency or in particular polling stations if, in the course of their conduct or during the calculation of votes, a violation of this Law took place which affected the election results.

2. If the respective election commission declared the elections void in a particular or several polling stations which affected the election results in the respective election constituency, the territorial election commission can, upon the proposal from the constituency election commission, appoint repeat voting in those polling stations where the elections were declared void.

3. Repeat voting shall also be conducted, in case provided for by the fifth paragraph of Article 46 of this Law.

4. Repeat voting shall be conducted no later than within a two-week term after the election day in the order established by this Law.

ARTICLE 48. Determining Local Election Results by the Territorial Election Commission

1. The respective territorial election commission shall on the basis of the minutes of constituency election commissions regarding the results of voting and elections of deputies, of village, settlement, city chairmen, adopt a decision on the voting results and outcomes of elections of deputies of the respective rada, of village, settlement, city chairman, and on their registration.

2. Announcement about the voting results and election outcomes, the list of elected deputies in alphabetical order indicating surname, first name, patronymic, party membership, position (occupation), place of work and residence of every deputy, election constituency in which he/she was elected, as well as surname, first name, patronymic, party membership, and place of residence of the elected village, settlement, city chairman shall be published in press or brought to the knowledge of the population of the respective territory in another manner no later than within 10 days after the elections were conducted.

3. A decision of the territorial election commission on the voting results and election outcomes may be appealed in court by a candidate or his/her authorized person, within three days after the territorial election commission publicized voting results and election outcomes. The court shall consider the complaint within a five-day term from the moment it was received.

4. The courtís decision is final and mandatory for the execution by territorial election commission in a two-day term.

5. The decision of the respective territorial election commission about the registration of the elected deputy, village, settlement, city chairman, or about refusal in registration can be deemed invalid by court.

6. The territorial election commission shall inform the respective rada at its plenary session of the voting results and outcomes of the elections of deputies, of village, settlement, city chairman.

 

CHAPTER XI. REPEAT ELECTIONS. ELECTIONS OF RADA DEPUTIES, OF VILLAGE, SETTLEMENT, CITY CHAIRMEN TO REPLACE THOSE WHO RESIGNED

ARTICLE 49. Procedure for Conducting Repeat Elections

1. Repeat elections shall be conducted in the event elections in an election constituency were declared as such that were not-conducted, or void, and in other instances when rada was elected in an incomplete complement. Repeat elections shall also be conducted if village, settlement, city chairman was not elected, and in case provided for by third paragraph of Article 32 of this Law

2. A decision to conduct repeat elections shall be adopted by territorial election commission no later than within a month after the day of conduct of elections, or after the day of repeat voting.

3. Repeat election shall be conducted by the same election commissions, in the same election constituencies, polling stations, using the same voter lists, in the order and within the terms established by this Law.

4. The territorial election commission can adopt a decision on reducing the terms for conducting repeat elections established by this Law, but no more than by a half.

5. Citizens, towards whom the decision to register them as a candidate was canceled, as well as persons who committed actions which brought about the declaration of elections or repeat voting as void, and in other cases provided for by law, may not stand for repeat elections.

ARTICLE 50. Conduct of Elections of Local Rada Deputies, of Village, Settlement, City Chairmen to Replace Those Who Resigned

1. In the event of pre-term termination of the authority of a deputy, a village, settlement, city chairman, the respective local rada shall, no later than within a month from the moment the candidate, the village, settlement, city chairman resigned, adopt a decision to conduct elections of a deputy, a village, settlement, city chairman to replace the one who resigned.

2. Elections of deputy, of village, settlement, city chairman to replace the one who resigned shall be conducted in the order and within the terms established by this Law.

3. Deputy, village, settlement, city chairman to replace the one who resigned shall be elected for the term until deputies, village, settlement, city chairman elected at the next regular elections assume the authority.

4. If a deputy, a village, settlement, city chairman had resigned less than six month prior to the expiration of the term of the authority of the respective rada (chairman), elections of the deputy, the village, settlement, city chairman to replace the one who resigned may not be conducted upon the decision of the respective rada .

СТАТТЯ 50-1. Term of Authority of the Deputies of Local Rada Deputies, of Village, Settlement, City Chairmen elected at extraordinary elections

In the event of the conduct of extraordinary, repeat elections, elections instead of resigned local rada deputies, of village, settlement, city chairmen, elections in the event of formation of a new administrative and territorial unit, as well as other elections within the term which does not correspond with the term of the conduct of the general regular elections, they shall be elected for the term until the investment of the authority by the deputies, of village, settlement, city chairmen elected on the next regular elections.

(Law was amended with Article 50-1 according to the Law # 431-XIV as of 16.02.99 )

 

 

CHAPTER XII. FINANCING OF ELECTION CAMPAIGN

ARTICLE 51. Financing of Local Elections

1. Regular and extraordinary local elections appointed by the Verkhovna Rada of Ukraine shall be conducted at the expense of funds of the State budget of Ukraine. Appropriate expenditures shall be foreseen as a separate rank in the State budget. In all other cases provided for by this Law, elections shall be conducted at the expense of funds of respective local budgets.

2. Expenditures connected with the preparation and conduct of elections shall be carried out by election commissions from the election funds which are to be formed by territorial election commissions at the expense of the funds allocated for the elections conduct. Territorial election commission has the status of a legal entity and shall be the manager of the election fund. The amount of this fund shall be determined by the respective rada.

ARTICLE 52. Candidatesí Private Election Funds, Procedure of Their Formation

1. Candidates shall have the right to form private election fund, from funds of which payment for expenditures for the conduct of election campaign shall be carried out.

2. Private election funds shall be formed at the expanse of candidateís funds. These funds may include donations from citizens of Ukraine, as well as from legal entities, except for those determined in fourth paragraph of this Article.

3. The amount of private election fund of a candidate cannot exceed 50 minimal non-taxed salaries.

4. Local bodies of executive power, bodies of local self-government, state enterprises, organizations and institutions, legal entities with the share of foreign capital, foreign governmental, international organizations and associations, as well as anonymous persons or those under pseudonym are prohibited from contributing to the private election fund of a candidate.

5. Appropriate accounts for private election funds shall be opened in the institutions of the National Bank of Ukraine under the "Private Election Fund" stamp, upon applications of candidates after their registration by the respective election commissions.

6. Candidates or authorized persons of candidates entrusted by them, shall be the managers of funds from private election funds. The manager of the private election fund shall be issued a check book for the entire sum of the election fund.

ARTICLE 53. Control Over Formation and Use of Election Funds

1. Control over formation and use of funds from private election funds of candidates shall be exercised by the respective territorial election commission, taxation bodies, and by bank institutions with which the respective account is opened.

2. Funds from private election funds shall be used exclusively for the needs of the campaign publicity of a candidate. Use of funds from private election funds for other means is forbidden.

3. Funds received by private election fund from individuals or legal entities who, according to the fourth paragraph of Article 52 of this Law, have no right to contribute, or if the address of the contributor is absent, shall be transferred to the respective local budget upon the decision of territorial election commission.

4. Funds from private election funds which were not used for the needs of election campaign shall be transferred to the respective local budget upon the decision of territorial election commission.

 

CHAPTER XIII. FINAL PROVISIONS

ARTICLE 54. Conduct of Extraordinary Elections of Deputies of Local Rada, of Village, Settlement, City Chairman

1. Extraordinary elections of local rada deputies shall be appointed by the Verkhovna Rada of Ukraine in the event of pre-term termination of local radaís authority, upon the decision of local referendum, as well as in the event provided for by fourth paragraph of Article 78 of the Law of Ukraine "On Local Self-Government in Ukraine".

2. Extraordinary elections of village, settlement, city chairman shall be appointed by the Verkhovna Rada of Ukraine according to the fifth paragraph of Article 79 of the Law of Ukraine "On Local Self-Government in Ukraine".

3. Extraordinary elections respectively of local rada deputies, of village, settlement, city chairman shall be conducted in the order and within the terms provided for by this Law for regular elections.

ARTICLE 55. Conduct of Elections of Local Rada Deputies, and of Village, Settlement, City Chairman in the Event of Formation of a New Administrative-Territorial Unit

1. In the event of formation of a new administrative-territorial unit, local elections in this territory shall be appointed respectively by the Verkhovna Rada of the Autonomous Republic of Crimea, by oblast rada, Kyiv city and Sevastopol city rada.

2. Elections of deputies, of village, settlement, city chairman in a newly formed administrative-territorial unit shall be conducted in the order and within the terms established by this Law, with the following peculiarities:

1) territorial election commissions shall be formed, respectively, by the Verkhovna Rada of the Autonomous Republic of Crimea, by oblast rada, Kyiv city rada, Sevastopol city rada;

2) territorial election commission shall, according to this Law, determine the general number of deputies for the respective rada, form election constituencies as well as polling stations, constituency and polling station election commissions if the bodies of local self-government, within the competence of which there falls formation of the specified commissions and polling stations, are absent in the respective territory;

3) deputies of local rada, respectively village, settlement, city chairman in a newly formed administrative-territorial unit shall be elected for the period until deputies, village, settlement, city chairman are elected at the regular local elections and the respective rada is formed in a competent complement upon the results of such elections.

ARTICLE 56. Election Documents. Term for storage of election documents

1. Forms and samples of election documents shall, according to this Law, be established by the Central Election Commission. The Central Election Commission shall organize their centralized manufacturing. Forms of other election documents shall be established by territorial election commissions.

2. Minutes of sessions and decisions of election commissions shall be stored with the bodies which formed respective election commissions for four years, and afterwards shall be passed for storage to local state archives in the established order.

3. Other documents of election commissions shall be stored at the bodies which formed respective election commissions for four years, and afterwards shall be destroyed in the established order.

4. Election ballots shall be stored at the territorial election commissions until they adopt decisions on election of rada deputies, of village, settlement, city chairmen, and shall be destroyed in the established order after the terms established by this Law for appeal of commission decisions on election outcomes in the court expire.

 

CHAPTER XIV. RESPONSIBILITY FOR VIOLATION OF THIS LAW

ARTICLE 57. Responsibility of officials and citizens for violation of election legislation.

1. Persons who hindered free execution of the right of citizens of Ukraine to vote and be elected, to carry out pre-election campaign publicity, by means of violence, fraud, threat, bribery or in other ways, or who appealed to or campaigned in public for boycotting elections, as well as chairman, deputy chairman, secretary and members of election commissions, authoritative or public officials from state bodies, bodies of local self-government, of public organizations who forged election documents, deliberately miscalculated the votes, violated the secrecy of voting, or otherwise violated this Law, shall bear the responsibility established by the law.

2. Persons who published or disseminated in other ways deliberately falsified data concerning a candidate shall also be called to account as provided by law.

ARTICLE 58. Responsibility of a Candidate for Deputy, Candidate for Position of Village, Settlement, City Chairman

1. Violations of the requirements of this Law by a candidate for deputy of local rada or by a candidate for position of village, settlement, city chairman, by their authorized persons shall entail the cancellation, on the basis of courtís decision, by a territorial election commission of its decisions (decisions of respective election commissions) on registration of candidate, or on the voting results and elections outcomes in the part concerning the respective candidate.

2. The following shall be the bases for cancellation by territorial election commission of the decisions specified by the first paragraph of this Article:

1) candidateís presenting an obviously untrue information about himself/herself to the subjects of electoral process;

2) forgery of documents which are submitted by candidate or his/her authorized persons to appropriate election commissions;

3) exploiting by the candidate or by his/her authorized persons, during the preparation and conduct of election, of his/her official position, in particular in order to influence the subjects of electoral process, to involve in campaigning at work time individuals officially subordinated to them, to utilize in the course of election campaign of official transport for the benefit of a candidate, of copying equipment, xerox machines, other technical means, equipment, which are within candidateís, his/her authorized personsí subordination;

4) candidateís or his/her authorized personsí violation of the norms of using the mass media for campaign publicity work, established according to this Law;

5) candidateís or his/her authorized personsí taking measures of campaigning nature which were accompanied with rendering to voters, to other subjects of electoral process, unpaid or on privileged terms, of goods, securities, credits, money, services;

6) candidateís or his/her authorized personsí campaigning in any form on the day of elections, in particular at polling stations and in the territories adjoining them;

7) use, to carry out election campaign of a candidate, of funds in the amounts exceeding the standards determined by this Law, or from sources unforeseen by this Law;

8) candidateís or his/her authorized personsí ignoring the requirements of election commissions concerning non-admission of other violations of this Law.

The decision on registration of a candidate or on voting results and elections outcomes shall, in part which concerns the candidate, be canceled by territorial election commission also in the event other violations by him/her of the Ukrainian legislation, incompatible with the status of a candidate defined by this Law, were found.

3. Other responsibility, envisaged by the laws of Ukraine, shall entail for the hindrance of activities of other candidates or their authorized persons, committed by candidate or his/her authorized person through violence, deception, threats, bribery, or through disseminating of untrue information about them, except when decisions are canceled in the events envisaged by first paragraph of this Article.

4. Sums of funds at the accounts of private election funds, exceeding the standards established by this Law, shall be undisputedly transferred to appropriate local budgets.

 CHAPTER XV. TRANSITIONAL PROVISIONS

1. This Law shall come into effect from the day it is publicized.

2. From the day of enforcement of this Law, the Law of Ukraine "On Elections of Deputies and Chairmen of Village, Settlement, Rayon, City, Rayon-in-Cities, Oblast Radas" (Vidomosti of Verkhovna Rada of Ukraine, 1994, #8, p.38, #25, p.200; 1996, #9, p.44), the Resolution of the Presidium of the Verkhovna Rada of April 5, 1994 "On Forms of Election Documents and Sample of Ballot Box for Elections of Deputies and Chairmen of Village, Settlement, Rayon, City, Rayon in City, Oblast Radas", the Resolution of the Presidium of the Verkhovna Rada of Ukraine of April 3, 1995 "On Introduction of Changes and Amendments to the Resolution of the Presidium of the Verkhovna Rada of Ukraine from April 5, "On Forms of Election Documents and Sample of Ballot Box for Elections of Deputies and Chairmen of Village, Settlement, Rayon, City, Rayon in City, Oblast Radas" and the Resolution of the Verkhovna Rada of Ukraine from July 13, 1994 "On the Application of Laws of Ukraine "On Elections of Peopleís Deputies of Ukraine", "On Elections of President of Ukraine", "On Elections of Deputies and Chairmen of Village, Settlement, Rayon, City, Rayon in City, Oblast Radas" in part, which relates to the deputies and chairmen of village, settlement, rayon, city, rayon in city, oblast Radas, shall loose its force.

3. In the cities of Kyiv and Sevastopol, appropriate local state administrations shall perform the functions of executive bodies of local self-government provided for by this Law, during the conduct of elections, as set forth by paragraph 8 of Chapter XV of the Constitution of Ukraine.

4. Elections of deputies of local radas and of village, settlement, city chairmen on March 29, 1998 shall be conducted in accordance with this Law, with the following peculiarities: the decision on the general complement of radas and on the formation of territorial election commissions shall be adopted no later than 55 days prior to the day of elections, notification of the procedure and terms for submission of proposals, specified in third paragraph of Article 14 of this Law, shall be publicized no later than three days prior to the commencement of the term for their submission, election constituencies shall be formed no later than 50 days, constituency election commissions - no later than 45 days prior to the election day, nomination of candidates shall begin 45 days and shall end 35 days prior to the day of elections, registration of candidates shall begin 40 days and shall end 30 days prior to the day of elections. Village, settlement, city, rayon in city, rayon, oblast branches of political parties (blocs) and of public organizations, which expressed the intention to participate in local elections, shall submit applications about this to the respective territorial election commission no later than 50 days prior to the day of elections.

 

President of Ukraine

Leonid Kuchma

Kyiv, January 14, 1998

# 14/98-VR