Warnings and Cancellation of Registration of MP Candidate(s)

1. The Central Election Commission may adopt a decision to issue a warning to a party whose MP candidates are included in the party’s electoral list or to an individual MP candidate.

2. A warning shall be issued if:

1) a court has established, in the course of consideration of an election-related dispute pursuant to the procedure prescribed by the law, that an MP candidate, a party that has nominated MP candidates, a party’s representative, authorized person, or official, an MP candidate’s proxy, or any other person acting on behalf of an MP candidate or a party that is an electoral subject has bribed voters or members of election commissions; 2) a court has established, in the course of consideration of an election related dispute pursuant to the procedure prescribed by the law, the fact of money handouts or distribution for free or on preferential terms of commodities (except items bearing the visual images of the name, symbol, or flag of a party, provided that the value of such items does not exceed three percent of the minimum salary), works, services, securities, loans, lottery tickets, or other material benefits to the voters, establishments, institutions, organizations, or members of election commissions (indirect bribery) by an organization whose founder, owner, or administrative body member is an MP candidate, a party that has nominated MP candidates, or an official of that party; {Clause 2 Part 2 Article 61 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 3) a court has established, in the course of consideration of an election related dispute pursuant to the procedure prescribed by law , that an MP candidate or a party has used resources other than their electoral fund to finance their election campaign; 4) a court has established, in the course the consideration of an election related dispute pursuant to the procedure prescribed by law , that an MP candidate holding a position (or more than one position) in a state executive body, a state body of the Autonomous Republic of Crimea, or a local self-government body, state or municipal enterprise, institution, establishment or organization, in military formations established according to the Laws of Ukraine, has used for the purpose of his or her election campaigning his or her subordinates, office transport, communication, equipment, premises, or other objects or resources at his or her place of employment (abuse of office); 5) a party or an MP candidate has violated restrictions related to election campaigning, including campaigning after midnight of the last Friday prior to the day of voting. 6) a party whose MP candidates are registered in the nationwide election district or an MP candidate in a single-mandate district has violated the time frames provided for in Part 1 Article 48 of this Law for opening the electoral fund account; {Clause 6 was added to Part 2 Article 61 pursuant to the Law № 709-VII dd. 21.11.2013} 7) the manager of the accumulation account of a party’s electoral fund, the manager of the current account of an electoral fund of an MP candidate in a single-mandate district has violated the time frame provided for in Part 6 Article 49 of this Law for submission of financial reports on the receipt and use of the resources of the electoral fund (including interim reports); {Clause 7 was added to Part 2 Article 61 pursuant to the Law № 709-VII dd. 21.11.2013} 8) the manager of the accumulation account of a party’s electoral fund, the manager of the current account of an electoral fund of an MP candidate in a single-mandate district has included false information in a financial report on the receipt and use of the resources of the electoral fund (including an interim report). {Clause 8 was added to Part 2 Article 61 pursuant to the Law № 709-VII dd. 21.11.2013}

3. The Central Election Commission may decide to issue a warning to a party whose MP candidates are included in the party’s electoral list or to an individual MP candidate based on the results of the complaint granting.

{A new part was added to Article 61 pursuant to the Law № 709-VII dd. 21.11.2013}

4. A warning specified in Part 1 of this Article shall be published by the Central Election Commission in nationwide printed mass media and on the official website of the Central Election Commission. 

5. The Central Election Commission shall take a decision canceling an MP candidate’s registration if: 1) no later than twelve days prior to the day of voting, the MP candidate has submitted a written statement withdrawing from the election; 2) no later than twelve days prior to the day of voting, the relevant party has requested that the MP candidate’s registration be cancelled based on a decision adopted in accordance with the party’s charter; 3) the MP candidate has ceased to be a citizen of Ukraine; 4) the MP candidate has gone abroad to take up permanent residence or to seek political asylum; 5) the MP candidate has been found incompetent; 6) a judgment of a court finding the MP candidate guilty of committing a deliberate crime has come into force; 7) the requirements of Parts 4 or 5 Article 52 of this Law have been violated; 8) the election commission has discovered any circumstances depriving the MP candidate of the right to be elected as an MP in accordance with Article 9 of this Law. In the event of receipt of applications provided for in Clauses 1, 2 of this Part, the respective election commission shall adopt a decision canceling the registration of the MP candidate no later than ten days prior to day of voting. In the event of receipt of applications provided for in Clauses 1, 2 of this Part less than twelve days prior to the day of voting, the election commission shall not consider such applications and no decisions shall be taken thereon.

6. If an election commission discovers a violation provided for by Part 2 of this Article or any other violation for which a criminal or administrative liability has been established by the law, the election commission shall notify law enforcement bodies of the violation for the purpose of investigation and reaction in accordance with the law.

7. The Central Election Commission shall notify the party or the MP candidate of a decision canceling the registration of the MP candidate(s), or of the issuance of a warning, no later than on the day following the day of the adoption of such decision, and shall issue a copy of the decision to the party’s representative in the Central Election Commission or to the respective MP candidate within the same time framework.

8. In the event of death of an MP candidate, the Central Election Commission shall adopt a decision removing that MP candidate from the ballot and from the party’s electoral list.