Home > 2.1.1 Electoral commissions > UKRAINE - Law on Elections of the People's Deputies
 
 
 
Download file    
 
 
Article 35.
 

Documenting the Activities of District and Precinct Election Commissions


1. The activities of the district and precinct election commissions shall be documented in accordance with the procedures provided for by this Article and in accordance with procedure for keeping records of election commissions approved by a decision of the Central Election Commission.


2. At a meeting of an election commission, minutes of the meeting shall be kept by the secretary of the commission. Should the secretary of a commission be absent or fail to exercise his or her duties at the meeting, the commission shall appoint a secretary of the meeting from among its members who shall exercise the duties of the secretary at the respective meeting and complete the documents of the meeting. The minutes of a commission meeting shall be signed by the chairperson of the meeting and by the secretary of the commission (or by the secretary of the meeting). Members of a commission shall be granted access to the minutes of a commission meeting, upon their request, no later than at the next commission meeting, and each member of the commission shall have the right to sign the minutes. The protocol of a commission meeting can be released to a subject of election process upon his or her request no later than at the next commission meeting. Within the same time frame, the minutes of the meeting shall be posted on the official information stand of the commission for general access and sent to the Central Election Commission. The Central Election Commission shall publish the minutes of the election commission meeting on its official web-site immediately after it has received it. CDL-REF(2016)040 {Part 2 Article 35 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


3. A decision of an election commission on any issue considered shall be drawn up in the form of a resolution which shall include: 1) the name of the commission; 2) the name of the resolution; 3) the time, date, and place of adoption and the number of the resolution; 4) a rationale with reference to the circumstances that caused consideration of the issue at the commission meeting and references to the respective provisions of normative legal acts or the resolution of a higher level election commission or a court judgment that the commission had in mind when adopting its resolution; 5) an operative part.


4. A resolution shall be signed by the head of the election commission (by the chairperson of the meeting) and by the secretary of the election commission (the secretary of the meeting). The content and the number of the resolution shall be indicated in the respective minutes of the election commission meeting.


5. Any resolution adopted by a district or precinct election commission shall be placed for public review on the official information stand of the commission installed in the commission’s premises, in a place freely accessible to the visitors no later than the morning after the day on which it was adopted; and if adopted on the day preceding the day of voting, on the day of voting, or in the course of vote counting and tabulation of the voting results, it shall be so displayed no later than four hours after the end of the meeting of the election commission. Within the same time frame, a resolution adopted by a district or precinct election commission shall be forwarded to the Central Election Commission that has to publish it on its official website immediately after the resolution was received. A copy of a resolution adopted by a district or precinct election commission signed by the head of the election commission or the deputy head and by the secretary of the election commission and stamped with the seal of the election commission, shall be issued to the subject of election process whom it concerns, upon his or her request, no later than four hours after its adoption; and if adopted on the day preceding the day of voting or on the day of voting, it shall be issued without delay. Within the same time frame, a resolution adopted by a district election commission shall be forwarded to the Central Election Commission through the computerized information and analytical system. {Part 5 Article 35 in the wording of the Law № 709-VII dd. 21.11.2013}


6. With respect to its current activities, a commission shall be entitled to make protocol decisions the content of which shall be entered in the minutes of the election commission and shall not be drawn up as a separate document.


7. An election commission shall draw up reports and protocols. A commission report shall confirm a certain fact or event detected and approved by the commission. A commission protocol shall present the results of actions performed by the commission.


8. Reports and protocols of an election commission shall be drawn up in cases provided for by this Law, in accordance with the forms approved by a decision of the Central Election Commission, and in the number of copies specified by this Law. Any commission report or protocol shall be signed by all members of the election commission present at the meeting and affixed with the seal of the commission. MP candidates present at the meeting, candidates’ proxies, representatives of parties in the Central Election Commission, or the authorize CDL-REF(2016)040 persons of parties, as well as official observers shall be entitled to sign the first copy of the report or protocol. {Part 8 Article 35 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


9. Documents of election commissions related to organization of the election shall be posted immediately on the official information stands of respective commissions and on the official website of the Central Election Commission immediately after they were received by the Central Election Commission. {Part 9 was added to Article 35 pursuant to the Law № 709-VII dd. 21.11.2013}