Termination of Powers of an Election Commission or a Member of an Election Commission

1. The powers of a member of a territorial election commission shall be terminated from the moment of establishment of a new territorial election commission, in accordance with the procedure specified by this Code.


2. The powers of a precinct election commission member shall be terminated simultaneously with the termination of the powers of the precinct election commission.


3. The powers of all members of a territorial or precinct election commission may be terminated, in accordance with the procedure established by the Law, before the expiry of their ordinary term by a decision of the election commission that formed (established) the respective territorial or precinct election commission, by a decision of the higher-level commission in the respective local election or by a decision of a court in cases of one-time gross violation or a systematic violation by the commission of the Constitution of Ukraine, this Code, or other Laws of Ukraine, or failure to implement a decision of a higher-level election commission.


4. The powers of an individual member of the respective territorial or precinct election commission may be terminated before the expiry of its ordinary term on the grounds of:

1) a statement of the resignation of the member of the commission. Such a statement shall be submitted to the subject nominating the respective member to the election commission for it to be handed over to the respective election commission, or for filing a submission for the replacement of the election commission member;

2) the filing of a submission seeking replacement of a member of the election commission by the subject nominating the member to the election commission;

3) termination of his or her Ukrainian citizenship;

4) his or her departure for the period up to the day of voting inclusive outside the boundaries of the respective administrative-territorial unit, which results in the impossibility to perform the duties of a commission member;

5) his or her registration as a candidate for a local council member, a candidate for village, settlement or city mayor, a candidate to the Verkhovna Rada of the Autonomous Republic of Crimea, an MP candidate, or a candidate for President of Ukraine;

6) his or her registration as an agent of a candidate for local council, or a candidate for village, settlement or city mayor, an MP candidate, a candidate for President of Ukraine, a party’s representative to the Central Election Commission, a party’s authorized person, a local party organization’s representative to a territorial election commission, a local party organization’s authorized person, an authorized person of a referendum process subject, an initiative group’s representative to the Central Election Commission, or an official observer, if the election process of the aforementioned elections or referendum is conducted simultaneously with the election process of local elections;

7) his or her refusal to take the oath of a commission member;

8) violation of the oath of a commission member in the form of a systematic failure to perform his or her duties ascertained by at least two decisions thereon adopted by the election commission of which he or she is a member;

9) systematic failure to perform his or her duties or one-time gross violation by him or her of the Laws of Ukraine on local elections ascertained by a court decision or by a decision of the higher-level election commission, which formed (established the composition of) the respective election commission; two or more incidents of his or her failure to attend an election commission meeting without good reason, or his or her failure to attend an election commission’s meeting on the day of voting;

10) if a decision of a court comes into legal force, whereby he or she was found guilty of committing a grave or especially grave crime or a crime against citizens’ electoral rights or a corruption crime;

11) his or her appointment to another election commission at any level responsible for preparation and conduct of the local election, the election of MPs of Ukraine, the election of the President of Ukraine or a referendum commission, if the election process of the aforementioned election or a referendum is conducted simultaneously with the election process of the local election;

12) he or she by a court is declared incapacitated or a missing person;

13) discovery of circumstances that deprive a person of the right to be a member of an election commission;

14) his or her death, or he or she is being declared dead.

Should any of the grounds provided for by clauses 1 to 6, 8 to 14 of Part four of this Article appear, the powers of a member of an election commission shall be terminated from the moment a decision is made on early termination of his or her powers by the election commission that formed the election commission, of which he or she is a member; and as regards the grounds provided for by clause 7 of Part four of this Article, from the moment he or she refused to put his or her signature under the text of an oath at an election commission’s meeting, or in the event of his or her failure to attend the first two meetings, of which he or she was duly notified, of the election commission, of which he or she is a member.

The Central Election Commission or the respective territorial election commission shall be immediately notified of the early termination of powers due to the refusal to take the oath of powers of a commission member, to make a decision on changes in the composition of the respective election commission.

A submission seeking to replace a member of an election commission shall be filed by the subject nominating the member to the election commission, in both paper and electronic form, with the respective election commission in accordance with the form approved by the Central Election Commission. The documents provided for in part nine of Article 203, part four of Article 204 of this Code, shall be attached to the submission.

This submission during the election process, as well as in the period from the formation of the territorial election commissions to the beginning of the election process of the next local elections is subject to mandatory consideration within five days, but not later than the last day before election day, and outside the election process – within a month from the date of receipt.

The request to replace a member of the election commission may be submitted by electronic services in accordance with the procedure established by the Central Election Commission.

The twenty-first paragraph was deleted.

5. An election commission that adopts a decision on early termination of the powers of all the members of an election commission, or of a member of an election commission, shall no later than on the following day notify the subject that nominated the person(s) to the election commission of the termination. Such nominating subjects shall be entitled to file, no later than on the following day upon receipt of such notification, a submission with new nominations with the respective election commission.

If within the time period specified by this Part of this Article no submission has been filed to nominate members of an election commission, and/or if the number of nominees to the election commission does not allow establishing the commission in compliance with the minimum limits specified in Part one of Article 203 or Part three of Article 204 of this Code, the respective election commission shall form the composition of the commission based on a submission of the chair of this commission, in accordance with the proposals of members of this commission to bring the composition of such election commission in compliance with the minimum requirements for a commission’s composition (no less than the minimum limit), with mandatory consideration of the submitted nominations to this election commission, except for those that shall be rejected on the grounds established by this Code.

In the case of early termination of powers of an individual member of the election commission on the grounds provided for in clauses 7, 9 of Part four of this Article, or in connection with early termination of powers of all members of the election commission, he or she may not be re-nominated to the election commission and shall be rejected.

In case of early termination of powers of the entire election commission, the respective election commission shall approve the new composition of the election commission in accordance with the procedure established by this Code no later than the third day from the day of termination of the powers of the commission, but no later than on the last day before election day.

6. A decision on early termination of powers of an election commission member in connection with the nominating subject filing a submission on his or her replacement shall be adopted simultaneously with the decision appointing the replacement member of the respective election commission nominated by the same subject to the respective position in the election commission that was occupied by the member of the election commission whose powers was terminated early.


7. If a chair, deputy chair or the secretary of an election commission repeatedly fails to perform his or her duties, the respective election commission shall be entitled to make a submission to the election commission that established it with a motivated request that he or she be replaced, provided that such submission is supported by at least two-thirds of all the members of the commission. Such submission shall be signed by the chair, deputy chair of the election commission, or a person presiding at the respective meeting of the election commission, and shall be affixed with the election commission’s seal. The submission shall be appended with no less than two decisions of the election commission that ascertain the failure of the chair, deputy chair or the secretary of this commission to perform his or her duties, as well as an abstract from the minutes of the respective meeting of the election commission that considered the issue about filing such a submission.

The chair, deputy chair or secretary of the election commission may personally submit a handwritten application for resignation (without termination of membership in the commission) to the election commission that formed the respective election commission.

The specified submission or application during the election process, as well as in the period from the formation of territorial election commissions to the commencement of the election process of the next ordinary, extraordinary or first local elections shall be considered within five days from receipt, but no later than on the last the day before election day, and outside the election process – within a month. The decision to replace a chair, deputy chair or secretary of the election commission shall not be grounds for termination of the powers of the said persons as members of the respective election commission.

8. In case of early termination of powers of the chair, deputy chair or secretary of the election commission, the decision to include another member of the respective election commission from the same subject of submission (in case of receipt of the respective submission) shall be made with the simultaneous appointment of this person to the respective position previously held by a member of the commission, whose powers were terminated prematurely.

In case of early termination of powers of the chair, deputy chair or secretary of the election commission and failure of the subject to submit other candidates for replacement by the subject from which the respective person was included in the election commission no later than the next day after receiving the notice of grounds for termination their powers, but no later than on the last day before the day of voting, another member of this commission shall be appointed to the respective position of the chair, deputy chair or secretary of the election commission.

9. If there are grounds for early termination of the powers of the entire election commission, an individual member of the election commission who has indications that members (individual members) of this commission committed a criminal or administrative offense shall notify law enforcement agencies for verification and response in accordance with the law.