The Right to Be Present at an Election Commission’s Meeting

1. Parties’ representatives in the Central Election Commission who have been registered pursuant to this Law shall be entitled to participate in the meeting of the Central Election Commission in an advisory capacity.

2. The following persons shall also be entitled to participate in meetings of the Central Election Commission without any permission or invitation: 1) MP candidates, their proxies and authorized persons of the parties (together no more than two persons from one party and no more than one person from each candidate); 2) official observers from non-governmental organizations that have been granted permission to have official observers during the election of MPs (together no more than two persons from one non-governmental organization); 3) official observers from foreign states and international organizations; 4) mass media representatives (no more than two persons from each mass media organization).

3. At meetings of a district or precinct election commission, in particular during vote counting and tabulation of the voting results on the day of voting at the voting premises, only the following persons shall be entitled to be present without any permission or invitation of the respective commission: CDL-REF(2016)040 1) members of the higher level election commissions; 2) MP candidates, their proxies, and authorized persons of the parties (no more than one person from each party or candidate); 3) official observers of a party, of a candidate, of a non-governmental organization (no more than one person from each party, candidate, or non-governmental organization); {Clause 3 Part 3 Article 34 as amended pursuant to the Law № 709-VII від 21.11.2013} 4) official observers from foreign states and international organizations; 5) mass media representatives (no more than two persons from each mass media organization).

4. Persons other than those listed in Part 3 of this Article and Part 1 Article 82 of this Law may be present at a meeting of an election commission only on permission or invitation of the commission, which shall be approved by the decision made at a meeting of the election commission. Presence of persons not listed in Part 3 of this Article at the election precinct during the voting or at a meeting of the election precinct during vote counting and tabulation of voting results shall be prohibited.

5. An election commission may adopt a reasoned decision to deprive any of the persons listed in Part 2, Clauses 2 – 5 of Part 3, and Part 4 of this Article, of the right to be present at the meeting if they illegally hinder the conduct of the meeting. Such a decision shall be taken by no less than two-thirds of the commission members present at the meeting.

6. Law enforcement officials shall ensure the protection of law and order on the day of voting and during the vote counting only outside the voting premises. Should any violations of law and order occur inside the voting premises, the deputy head or the secretary of a commission may invite them inside the voting premises to take such measures as are necessary, and only for as long as necessary, to restore law and order.