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Article 38.
 

Acquisition and Termination of Legal Personality by a District Election Commission


1. An election commission shall acquire and lose legal personality pursuant to the procedure set forth by the Laws of Ukraine, having regard to the specifics established by this Law. CDL-REF(2016)040


2. A district election commission shall acquire the status of a legal person at the time of the entry of information on the commission into the Unified State Register of Legal Persons and Private Entrepreneurs.


3. To make an entry of information on a district election commission into the Unified State Register of Legal Entities and Private Entrepreneurs, the head of a commission or, in case of his or her absence, the deputy head shall, no later than on the fourth day following the day of the establishment of the commission, personally submit to the state registrar at the location of the district election commission a copy of the respective resolution of the Central Election Commission on the establishment of the commission and a completed standard registration form. The district election commission shall be registered as a legal person on the day of the receipt of documents submitted for its state registration as a legal person.


4. No registration fee for the state registration of a district election commission as a legal person shall be paid.


5. The status of a district election commission as a legal person shall be terminated by making an entry in the Unified State Register of Legal Persons and Private Entrepreneurs on the conduct of state registration of the liquidation of the district election commission as a legal person.


6. No later than within five days following the day of official promulgation of the results of the election of MPs, the head of a district election commission or, in case of his or her absence, the deputy head shall personally apply to the registration authority with a written notification of the date of termination of the registration of the commission.


7. Based on the notification specified in Part 6 of this Article, the information on the date of termination of a district election commission shall be published in the State Registration Bulletin, which shall constitute the basis for making claims against the commission for any debts it may owe.


8. No fee shall be paid for the publication of an announcement in the State Registration Bulletin of the termination of a district election commission. 9. To officially register the termination of a district election commission as a legal person through its liquidation, the head of a commission or, in case of his or her absence, the deputy head shall, after the completion of the procedure for termination of the commission, but not earlier than thirty days following the day of official promulgation of the results of the election, personally submit to the state registrar at the location of a commission a completed standard registration form, a certificate issued by the archival institution on the receipt of the documents subject to long-term storage under the law, as well as the report on joint auditing conducted by bodies of financial control. No additional documents shall be required for the state registration of the termination of a district election commission as a legal person through its liquidation. The bodies of financial control shall be entitled to perform audits and issue respective reports within fifteen days from the day of the official promulgation of the results of the election.


10. The head of a district election commission or, in his or her absence, the deputy head shall deliver to the Central Election Commission the excerpt from the Unified State Register of Legal Persons and Private Entrepreneurs with information on the conduct of state registration of the liquidation of the election commission as a legal person. CDL-REF(2016)040