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Article 165
 

Guarantees of Election Process Activities for Parties, MP Candidates from Which Were Registered in the Nationwide Election District



  1. A party that nominates MP candidates in the nationwide election district shall have the right to delegate one representative to the Central Election Commission (hereinafter, a party’s representative in the Central Election Commission) with an advisory vote, who is authorized to represent the interests of the party in the Central Election Commission during the election process. A candidacy of a party’s representative shall be approved by the party’s central governing body.

  2. A voter having the right to vote may be a party’s representative to the Central Election Commission. None of the following persons may be a party’s representative:


1) an election commission member;


2) an official of the state executive bodies, prosecutor’s offices or courts; law enforcement authorities, other state bodies, bodies of the Autonomous Republic of Crimea or local selfgovernment bodies;


3) a serviceman, police officer, employee of the Security Service of Ukraine, a person of the rank and file or senior staff of the State Penitentiary Service of Ukraine;


4) a person who is undergoing alternative (non-military) service;


5) a person who has 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 law.



  1. An application to register a party’s authorized representative to the Central Election Commission signed by the party’s chair and affixed with the party’s seal, along with a copy of a decision of a party’s central governing body on approval of a candidacy of the party’s authorized representative to the Central Election Commission, may be filed with the Central Election Commission simultaneously with an application to register MP candidates from the party. An application to register a party’s authorized representative to the Central Election Commission shall contain the following information: a party’s authorized representative’s last name, first name (all first names), patronymic name (if any); his or her citizenship; the day, month and year of birth, place of employment, job position (occupation), mailing address, telephone number and e-mail address, 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 law. The application shall be appended with a photocopy of his or her 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).


In case technical errors and inaccuracies are found in the application to register party’s authorized representative to the Central Election Commission - the resolution of the Central Election Commission on representative’s registration shall contain information based on copies of passport documents.



  1. No later than the third day following the receipt of the documents specified in Part three of this


Article, the Central Election Commission shall register a party’s authorized representative in the Central Election Commission with an advisory vote and shall issue an identification document to such representative. A form of such identification document shall be established by the Central Election Commission.


In case requirements established by Parts one - three of this Article are violated, the Central Election Commission shall refuse to register a party representative with the Central Election Commission.



  1. A party that nominated MP candidates in the nationwide election district shall be entitled to have no more than five authorized persons in the nationwide election district and no more than two authorized persons in each territorial district (hereinafter, a party’s authorized person). A party’s authorized person shall represent the respective party and shall not be an independent electoral subject. A party’s authorized person shall comply with requirements specified in Part two of this Article. The list of the party’s authorized persons with the mandatory indication of the respective election district shall be approved by the central governing body of the party.

  2. An application to register a party’s authorized persons, in both paper and electronic form, signed by the party’s chair and affixed with the party’s seal, along with a copy of a decision of a party’s central governing body on approval of a list of the party’s authorized persons, shall be filed with the Central Election Commission at any time after the registration of MP candidates included in the party’s electoral list. An application to register a party’s authorized persons shall contain the following information: each authorized person’s respective election district, last name, first name (all first names), patronymic name (if any); a party’s authorized person’s citizenship; day, month and year of birth, place of employment, job position (occupation), milling address, telephone number and e-mail address, 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 law. The application shall be appended with a photocopy of his or her 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).


In case technical errors and inaccuracies are found in the application to register the party’s authorized persons - the resolution of the Central Election Commission on their registration shall contain information based on copies of passport documents.



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


In case the requirements established by Parts two, five, six of this Article are violated, the Central Election Commission shall refuse to register the party’s authorized person.



  1. A party’s authorized representative in the Central Election Commission, a party’s authorized person, in the time period from the day of his or her registration by the Central Election Commission, until the termination of his or her powers, or the completion of the election process, shall be released 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.

  2. A party’s authorized representative in the Central Election Commission, a party’s authorized person shall be entitled to file a statement of resignation with the Central Election Commission at any time prior to the end of the election process.

  3. A party’s central governing body which adopted a decision on approval of the party’s representative in the Central Election Commission, or the party’s authorized person, may at any time prior to the end of the election process take a decision to recall the party’s representative in the Central Election Commission, or a party’s authorized person, and to approve another candidacy to replace the one that has been recalled, and submit this decision to the Central Election Commission.


Documents to register the party’s representative in the Central Election Commission, the party’s authorized person may be submitted to the Central Election Commission by means of electronic services in accordance with the procedure established by the Central Election Commission.


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


12. The powers of the party’s representative in the Central Election Commission and the party’s authorized person shall be deemed terminated also from the moment the party loses the status of an electoral subject.


13. The party’s representative in the Central Election Commission shall be entitled to:


1) be present at the meetings of the Central Election Commission during the discussion of issues pertaining to the election of MPs 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;


3) in the case of his or her absence from a meeting, have access to the documents that provided the basis for decisions taken at such meeting;


4) 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 territorial election districts, and to obtain copies thereof;


5) exercise other rights specified by this Code for a party’s authorized representative in the Central Election Commission.


14. A party’s authorized person shall:


1) facilitate the participation of a party in the election process, in particular during the election campaigning;


2) represent a party’s interests in the relations with the election commissions (except the Central Election Commission), state executive bodies, other state bodies, state bodies of the Autonomous Republic of Crimea, local self-government bodies, voters, other electoral subjects 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, subject to restrictions established by Part eight of Article 36 of this Code;


5) have the rights of the party’s official observer, as specified by Part six of Article 167 of this Code;


6) have other rights provided for by this Code for a party’s authorized person.


15. Restrictions established by Part seven of Article 167 of this Code, shall apply to a party’s authorized person.