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Article 75.
 

Guarantees of Election Process Activities for Political Parties and MP Candidates Registered in the Nationwide Election District


1. A party that has registered candidates in the nationwide election district shall be entitled to delegate one representative in the Central Election Commission (hereinafter, “party representative in the Central Election Commission”) who shall have the right of advisory vote and who shall be authorized to represent the party’s interests on the Central Election Commission in the course of the election process. The candidacy of the representative must be endorsed by the party’s governing body.


2. A party’s representative in the Central Election Commission must be a voter. The following persons may not be representatives of parties: 1) a member of any election commission; 2) an official of an executive power body or an officer of a court, law enforcement bodies, state bodies of the Autonomous Republic of Crimea, or local self-government bodies; 3) a member of the armed forces; 4) a person performing alternative (non-military) service.


3. An application to register a representative of a party in the Central Election Commission, signed by the party’s head and affixed with the party’s seal, and a copy of a decision of the party’s central governing body endorsing the candidacy of the party’s representative, shall be filed with the Central Election Commission along with the party’s application to register its candidates in the nationwide election district. An application to register a party’s representative in the Central Election Commission shall contain the following information: last name, first name, patronymic of the party’s representative, his or her citizenship, day, month and year of birth, place of employment, current position (occupation), place and address of residence, and telephone number. Written consent of the person to represent the interests of the party in the Central Election Commission shall be attached to the application.


4. No later than on the third day following the receipt of the documents specified in Part 3 of this Article, the Central Election Commission shall register the party’s representative in the Central Election Commission with the right of advisory vote and shall issue an identification document to such representative. The identification document shall be of a form established by the Central Election Commission.


5. A party that has registered candidates in the nationwide election district shall be allowed to have no more than five authorized persons in the nationwide election district and no more than two authorized persons in each single-mandate election district (hereinafter, “authorized person of a party”). An authorized person of a party shall represent the respective party and shall not be deemed to be an independent subject of the election process. An authorized person of a party shall meet the requirements set forth in Part 2 of this Article. A list of the authorized persons of a party, indicating their respective electoral districts, shall be approved by the central governing body of the party.


6. An application, in an electronic format and on paper, for the registration of a party’s authorized persons, to be signed by the party’s head and affixed with the party’s seal, and a copy of the decision of the party’s central governing body endorsing the list of the party’s authorized persons may be submitted to the Central Election Commission at any time following the registration of candidates included in the party’s list of MP candidates. An application for registering a party’s authorized persons shall contain the following information: last name, first name, patronymic of each authorized person, respective election district, citizenship of an authorized person of the party, day, month and year of birth, place of employment, current position (occupation), place and address of residence, and telephone number. The application shall be appended with the written consent of these persons to represent the interests of the party in the nationwide election district and in a particular single-mandate election district and with photocopies of the first and second pages of his or her passport of citizen of Ukraine or a photocopy of his or her temporary certificate of citizen of Ukraine (for persons who have recently been granted Ukrainian citizenship).


7. No later than on the third day following the receipt of the documents specified in Part 6 of this Article, the Central Election Commission shall register the authorized persons of a party and shall issue their identification documents produced in the form established by the Central Election Commission to the party’s representative in the Central Election Commission.


8. A party’s representative in the Central Election Commission, as well as a party’s authorized person shall have the right from the day of his or her registration by the Central Election Commission and shall be released, until the termination of his or her powers or the completion of the election process, from his or her employment-related or official duties, with suspension of salary for that period, upon agreeing with the owner of the enterprise, establishment, organization or a body authorized by the owner.


9. A party’s representative in the Central Election Commission, as well as a party’s authorized person, shall have the right to file a statement of resignation with the Central Election Commission at any time prior to the day of voting.


10. A party’s governing body that has adopted a decision endorsing the party’s representative in the Central Election Commission or the party’s authorized person may at any time prior to the day of voting take a decision to recall the party’s representative in the Central Election Commission or authorized person, and to endorse another person to replace the one that has been recalled. Such application shall be filed with the Central Election Commission concurrently with a copy of the decision and other documents under the procedure prescribed by Parts 3 and 6 of this Article.


11. On the basis of the application filed in accordance with Parts 9 or 10 of this Article, the Central Election Commission shall adopt a decision to cancel the registration of a party’s representative I the Central Election Commission or a party’s authorized person and register another person as the party’s representative in the Central Election Commission or as the party’s authorized person, no later than on the third day following its receipt, but no later than on the day of voting; and on the day of voting, immediately. A copy of the decision shall immediately be issued to the party’s representative in the Central Election Commission or sent to the address of the party’s governing body.


12. The identification document of a party’s representative in the Central Election Commission or a party’s authorized person whose powers were terminated prior to the completion of the election process shall be immediately returned to the Central Election Commission.


13. A party’s representative in the Central Election Commission shall have the right to: 1) be present at all meetings of the Central Election Commission during the discussion of issues pertaining to the election of Members of Parliament and take part in the discussion of such issues with the right of advisory vote: to receive prior to a meeting its agenda and related materials, to participate in the discussions, to present proposals concerning a decision of the Central Election Commission; 2) have access to the minutes of the meetings of the Central Election Commission and its decisions and receive copies thereof; in case of failure to attend a meeting, have access to the documents that provided the basis for decisions taken at such meeting; 3) have access to protocols, telephone, fax, or other official messages received by the Central Election Commission from the district election commissions, in particular those concerning the results of voting in the nationwide and single-mandate election districts, and to obtain copies thereof; 4) exercise other rights specified by this Law for a party’s representative in the Central Election Commission.


14. A party’s authorized person shall: 1) facilitate the party’s participation in the election process, in particular as regards election campaigning; 2) represent the interests of the party in its relations with the election commissions (except the Central Election Commission), state executive bodies, courts, state bodies of the Autonomous Republic of Crimea, local self-government bodies, voters, other subjects of the election process in the territory of the respective election district; 3) be allowed to participate in the meetings of election commissions (except the Central Election Commission) with the right of advisory vote in the territory of the respective election district; 4) have the right to be present at the election precinct during the voting and at the meeting of the precinct election commission during the vote counting, having regard to the restrictions specified by Part 3 Article 34 of this Law; 5) have the rights of the party’s official observer, as specified by Part 9 Article 78 of this Law; 6) have other rights provided this Law for an authorized person of a party.


15. An authorized person of a party shall be subject of restrictions imposed by Part 10 Article 78 of this Law.