Official Observers from Parties, Candidates for the President of Ukraine
- Official observers from a party that has nominated a candidate for President of Ukraine shall be registered by a district election commission based on a submission filed by a party’s representative acting on the basis of a power of attorney, or an authorized person of a candidate for President of Ukraine in the respective district.
Official observers from the parties or candidates for the President of Ukraine in the out-of-country election district shall be registered by the Central Election Commission.
- An application for registration of official observers shall contain their last names, first names (all first names), patronymic name (if available); citizenship, date of birth, place and address of residence, place of employment, position (occupation), contact telephone number, information on absence of a criminal record for committing a grave or especially grave crime or a crime against citizens’ electoral rights or a corruption crime, which has not been lifted or expunged pursuant to the procedure established by the Law.
The application shall be appended with a photocopy of passport of a citizen of Ukraine (photocopies of the first and second pages of a passport of a citizen of Ukraine in the form of a passport book or photocopies of the front and reverse sides of a passport of a citizen of Ukraine in the form of a card), or a photocopy of the first and second pages of his or her temporary certificate of citizen of Ukraine (for persons who have recently been granted Ukrainian citizenship).
- An application for registration of an official observer, signed by a party’s authorized representative, or an authorized person of a candidate for President of Ukraine in the respective election district, shall be submitted to the respective district election commission no later than five days prior to the day of voting (in both paper and electronic form).
- The district election commission shall register official observers in the respective territorial election district and issue to them their identification documents in a form established by the Central Election Commission no later than the third day after the submission of the application.
- The only ground upon which an application for registration may be refused is violation of the provisions of Parts one, two and three of this Article and Part three of Article 58 of this Code.
- An official observer from a party, a candidate for President of Ukraine shall be entitled to:
1) be present, with due observance of the requirements of this Code, at the meetings of district and precinct election commissions in the respective territorial election district;
2) be present at the meetings of candidates or candidates’ agents with voters, at election campaign meetings, rallies;
3) be present at the election precincts during the voting, observe actions of the election commission members, in particular during the issuance of ballot papers to voters and vote counting at the election precinct, and the tabulation of the voting results, without physically getting in the way of the election commission members;
4) make photographic, video and audio recordings, without violating the secrecy of voting;
5) be present during the voting at the place of voters’ stay;
6) address, in accordance with the procedure established by this Code, the election commissions within the respective territorial district with an application or a complaint seeking elimination of violations of this Code if any have been discovered;
7) draw a statement of discovery of violation of the requirements of this Code 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 name, place and address of residence, and file it with the respective election commission or a court;
8) take necessary measures within the limits of legislation to stop illegal actions during the voting and vote counting at the election precinct;
9) receive copies of the protocols as well as other documents specified by this Code; 10)exercise other rights provided for by this Code for official observers.
- An official observer from a party, a candidate for President of Ukraine may not:
1) 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.
- If an official observer from a party or a candidate for President of Ukraine violates the requirements of Part seven 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 seven of this Article, the election commission may deprive him or her of the right to be present at its meeting in accordance with procedures provided for by this Code. An official observer may appeal such decision in a court.
- An authorized representative of a party or a candidate for President of Ukraine (his or her authorized person in the respective election district) may recall an official observer by filing a written statement of termination of his or her authority with the respective district election commission (or with the Central Election Commission, in the case of an official observer in the out-of-country election district), and present the documents required for registration of another person as an official observer in the manner prescribed by this Article.
- An official observer from a party or a candidate for President of Ukraine shall be entitled to file with the district election commission (or with the Central Election Commission, in the case of an official observer in the out-of-country election district) a statement of resignation. Based on such application, the district election commission or the Central Election Commission shall adopt a decision cancelling the registration of the official observer and issue or send a copy thereof, accordingly, to the party or candidate (his or her authorized person).
- In the event of cancellation of registration of a candidate for President of Ukraine, powers of official observers from such a candidate or a party that nominated a candidate for President of Ukraine, whose registration has been cancelled, shall be considered terminated from the day of adoption of the decision on cancelling the registration of a candidate for President of Ukraine.