Procedure for Establishing the Precinct Election Commission of an Foreign Election Precinct

1. The precinct election commission of an foreign election precinct shall be established by the Central Election Commission no later than thirty-one days prior to the day of voting and shall consist of the head, deputy head, secretary, and other members of the commission. The number of members of a precinct election commission of an foreign election precinct shall be determined in accordance with Parts 2 and 3 Article 28 of this Law.

2. The precinct election commission of an foreign election precinct shall be made up of voters residing or staying, during the period of preparation and conduct of election, in the territory of the respective foreign state.

3. The right to nominate candidates to the precinct election commissions of foreign election district shall be granted to the parties specified in Part 2 Article 27 of this Law as well as to the Ministry of Foreign Affairs of Ukraine.

4. No later than thirty-nine days prior to the day of voting, an entity eligible to nominate precinct election commission members in an foreign election precinct shall submit to the Central Election Commission, in a form approved by the Central Election Commission, the paper and electronic forms of the list of persons nominated by that entity (no more than one candidate to one commission) to be appointed to the respective precinct election commissions. Such a submission shall indicate the persons nominated to the positions of the head, deputy head, and secretary of the commission. The submission shall be signed by the head of the nominating CDL-REF(2016)040 entity (or a person acting in his or her capacity) and affixed with the seal of the respective nominating entity.

5. In a submission filed within the time period specified by Part 4 of this Article, the Ministry of Foreign Affairs of Ukraine shall include the employees of foreign diplomatic institutions of Ukraine (in compliance with the requirements of Part 3 Article 26 of this Law), members of military units (commands) deployed abroad, or other citizens of Ukraine entitled to vote who reside or stay during the period of preparation and conduct of the election in the territory of the respective foreign state, having regard to the requirement that their number must not be less than the minimum or more than the average precinct election commission membership specified by Parts 2 or 3 Article 28 of this Law.

6. The submission of nominees to precinct election commissions shall contain the data required by Part 5 Article 27 of this Law. The submission shall be accompanied by statements of persons nominated to the precinct election commission, expressing their consent to participate in the work of the commission on behalf of the entity that nominated them or on behalf of the Ministry of Foreign Affairs of Ukraine; and if this person is nominated for the position of head, deputy head, or secretary of the commission, his or her consent to perform the respective official responsibilities.

7. No more than one representative of each nominating entity shall be appointed (if the respective submission has been filed) to a precinct election commission of an foreign election precinct, subject to the requirements set forth by Part 3 Article 27 of this Law.

8. Candidates proposed by the Ministry of Foreign Affairs of Ukraine shall be appointed to the precinct election commission of an foreign election precinct in accordance with the requirements set forth in Parts 2 and 6 of this Article and in Article 26 of this Law, having regard to the requirement that the overall number of members of the established election commission must meet the requirements of Parts 2 or 3 Article 28 of this Law.

9. Nominees may be rejected only on the grounds of their noncompliance with the requirements specified in Article 26 of this Law, as well as in Parts 2, 6, or 10 of this Article, or application of the mechanism of drawing of lots specified by Part 5 Article 28 of this Law.

10. Technical errors or inaccuracies contained in a submission of nominees shall not constitute a reason for the rejection of a nominee. When such errors or inaccuracies are found, the Central Election Commission shall immediately notify the nominating entity. The nominating entity may submit a corrected submission that addresses the errors or inaccuracies in question on the day following the day of the receipt of the aforementioned notification. If no corrected submission is received within that period, the nominees in question shall be rejected.

11. Each entity whose nominees have been appointed to a precinct election commission shall have the right to a proportional share of each category of managerial positions in precinct election commissions of, respectively, small, medium and large foreign election district, depending on the number of nominees from the respective entities who were selected to the election commissions. The share of managerial positions for each party in each category of foreign election district shall be determined on the basis of the proportion of all selected precinct election commission members who were nominated by that entity in that category. Managerial positions shall be distributed between the parties according to the shares determined under this Part according to the procedure approved by the Central Election Commission.

CDL-REF(2016)040

12. A person appointed to a precinct election commission upon submission of the Ministry of Foreign Affairs of Ukraine can be appointed to a managerial position in the election commission only if no candidates for such a position have been nominated by other nominating entities.

13. Decisions on the establishment and composition of precinct election commissions of foreign election district, adopted in accordance with the requirements of this Law, shall be made public on the official website of the Central Election Commission on the day following the day on which that decision was adopted and shall also be published by the Central Election Commission in the national printed mass media. Information on the location (address of the premises) and working hours of the precinct election commissions established at foreign diplomatic institutions of Ukraine and in military units (commands) deployed abroad shall be published by the respective foreign diplomatic institutions of Ukraine in accordance with the local conditions of the country in question.

14. When an election of MPs is held simultaneously with an election of the President of Ukraine, precinct election commissions of foreign election precincts are not created, and their functions are performed by respective precinct election commissions of foreign election precincts created for the election of the President of Ukraine. {Part 14 was added to Article 29 pursuant to the Law № 1184-VII dd. 08.04.2014}