Official Observers from Political Parties, MP Candidates, and Non-Governmental Organizations
1. A person having the right to vote may be an official observer representing a party, a candidate, or a non-governmental organization. None of the following persons may be an official observer: an election commission member; an official of the state executive bodies, a court, law enforcement bodies, state bodies of the Autonomous Republic of Crimea, or local selfgovernment bodies; a person in alternative (non-military) service.
2. A legally registered non-governmental organization whose involvement in election process and its monitoring is stipulated in its charter may, no later than sixty days prior to the day of voting, file a petition with the Central Election Commission for permission to have official observers during the election of Members of Parliament. The petition, to be signed by the head of the nongovernmental organization and affixed with its seal, shall be appended with a notarized copy of the charter of the non-governmental organization and with a notarized copy of the certificate on state registration of the non-governmental organization.
3. No later than on the tenth day following the receipt of such petition, the Central Election Commission shall take a decision granting permission to a non-governmental organization to have official observers or refusing to grant such permission, and shall notify the non- governmental organization of that decision on the day after its adoption. Only violation by the non-governmental organization of the requirements established in Part 1 and 2 of this Article can be a ground for refusal. A copy of the decision shall be issued to a representative of the nongovernmental organization no later than on the day after the adoption of such decision. A non-governmental organization shall have the right to appeal in court a decision refusing to grant it permission to have official observers.
4. No later than forty-five days prior to the day of voting, the Central Election Commission shall officially publish, in the newspapers Holos Ukrainy and Uriadovyi Courier, the list of nongovernmental organizations that have been granted permission to have official observers.
5. An official observer from a party, MP candidate, or non-governmental organization shall be registered by the district election commission on the basis of an application from the party’s authorized person in the respective single-mandate district or nationwide election district, an MP candidate in this single-mandate election district, or the head of the respective nongovernmental organization.
6. An application for registration of official observers shall contain their last names, first names, patronymic, citizenship, date of birth, place and address of residence, place of employment, position (occupation), and contact telephone numbers. The application shall be appended with statements of consent of these persons to be official observers for the party, candidate, or a non-governmental organization, 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). An application from a non-governmental organization shall also be appended with a copy of the decision of the Central Election Commission granting permission to have official observers during the election of Members of Parliament.
7. An application for registration of an official observer, signed by a party’s authorized person, an MP candidate in a single-mandate election district, or the head of the respective nongovernmental organization, shall be submitted to the respective district election commission no later than five days prior to the day of voting. The only ground upon which an application for registration may be refused is violation of the provisions of Parts 1 - 3, 5, and 6 of this Article.
8. The district election commission shall register official observers in the respective singlemandate election district and issue to them their identification documents in a form established by the Central Election Commission no later than on the day after the submission of the application.
9. An official observer from a party, candidate, or non-governmental organization shall be entitled to: 1) be present at the election precincts during the voting, observe actions of the election commission members from any distance, in particular during the issuance of ballot papers to voters and vote counting without physically getting in the way of the election commission members; 2) make photographic, film, audio or video recordings, without violating the secrecy of voting; 3) be present during the issuance of ballot papers to the election commission members, in particular for the purpose of organizing voting at voter’s place of stay and during such voting; 4) be present, with due observance of the requirements of this Law, at the meetings of precinct election commissions and district election commissions, having regard to the provisions established by Part 3 Article 34 of this Law, in particular during the vote counting at the election precinct and the tabulation of the results of the voting; 5) submit a claim or complaint to the relevant election commission, other state bodies or a court seeking elimination of violations of this Law if any have been discovered; {Clause 5 Part 9 Article 78 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 6) draw a statement of discovery of violation of the requirements of this Law that shall be signed by him or her and by no less than two voters certifying the fact of such violation, with indication of their last names, first names, patronymic, place and address of residence, and file it with the respective election commission or a court; 7) take necessary measures within the limits of legislation to stop illegal actions during the voting and vote counting at the election precinct; 8) receive copies of the protocols on the transfer of ballot papers, vote counting, and tabulation of voting results, as well as other documents specified by this Law; 9) exercise other rights provided by this Law for official observers.
10. An official observer from a party, MP candidate, or non-governmental organization may not: 1) groundlessly interfere with the work of the election commission, perform actions violating the lawful course of the election process , or unlawfully prevent the election commission members from exercising their powers; 2) fill out a ballot paper for a voter (in particular upon his or her request); 3) be present during the filling out of a ballot paper by a voter in a polling booth (room) for secret voting or violate the secrecy of voting in any other way.
11. If an official observer violates the requirements of Part 10 of this Article, the election commission shall give him or her a warning. In the event of a repeat violation, or of a single instance of gross violation of the requirements of Part 10 of this Article, the election commission may deprive him or her of the right to be present at its meeting under the procedure established by Part 5 Article 34 of this Law. An official observer may appeal such decision in a court.
12. An authorized person of a party or MP candidate in a single-mandate election district, or the head of a non-governmental organization, may recall an official observer by filing a written statement of termination of his or her authority with the respective district election commission, and present the documents required for registration of another person as an official observer in the manner prescribed by this Article.
13. An official observer from a party, candidate, or non-governmental organization shall be entitled to file with the district election commission a statement of resignation. Based on such application, the district election commission shall adopt a decision cancelling the registration of the official observer and issue or send a copy thereof, accordingly, to the party’s authorized person, to the MP candidate, or to the head of the respective non-governmental organization.
