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Article 231
 

Cancellation of Registration of a Candidate for Local Council or a Candidate for Village, Settlement and City Mayor



  1. The territorial election commission shall take a decision about canceling the registration of a candidate for village, settlement or city mayor or a specific candidate for member of local council included in the party organization’s unified and/or territorial electoral lists (during elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea, or members of the oblast, rayon, rayon in city, city, village or settlement councils (of territorial communities with 10,000 or more voters) with the exclusion of him or her from the respective electoral lists or about cancelling the registration of a specific candidate in a multi-member election district (during elections of members of village, settlement and village councils (of territorial communities with up to 10,000 voters)), in the case if:


1) a candidate for village, settlement or city mayor no later than nineteen days prior to the day of voting in person has submitted a statement of withdrawal of candidacy. Such statement must be notarized pursuant to the procedure established by the Law of Ukraine “About Notariate”.


2) the respective party organization no later than nineteen days prior to the day of voting, has requested cancellation of a decision on registration of a candidate for member of local council or a candidate for village, settlement or city mayor based on a decision adopted in accordance with the party organization’s charter, which shall be appended to such request and shall be signed by the party organization’s chair and affixed with the party organization’s seal and in case of its absence – the seal of the organization of the party of highest level or the seal of the party;


3) information is received from a competent authority that confirms the fact of termination of citizenship of Ukraine as regards a candidate for local council or a candidate for village, settlement or city mayor;


4) information is received from a competent authority that confirms the fact of departure of a candidate for local council or a candidate for village, settlement or city mayor abroad for permanent residence;


5) it receives from court a duly certified copy of a court decision declaring a candidate for local council or a candidate for village, settlement or city mayor incapacitated;


6) a person nominated as a candidate for local council or a candidate for position of village, settlement or city mayor has a criminal record for committing a grave or especially grave crime, a crime against the citizens’ electoral rights or a corruption crime, which has not been lifted or expunged pursuant to a procedure established by law;


7) a violation of the procedure for nominating a candidate for local council or candidate for the position of village, settlement or city mayor established by part four of Article 216 of this Code, including failure of a candidate for local council or a candidate for the position of village, settlement or city mayor in accordance with this Code to confirm consent to run as a candidate for local council or as candidate for the position of village, settlement or city mayor from a party organization in case of detection of the inclusion of this person in electoral lists or the lists of candidates to the respective council of several party organizations;


8) discovery of circumstances depriving a candidate for local council or a candidate for village, settlement or city mayor the right to be elected as council member or village, settlement or city mayor.


In the event of receipt of the applications provided for in clauses 1, 2 of this Part, the territorial election commission shall adopt a decision canceling the registration of a candidate for village, settlement or city mayor or the local council candidate and excluding him or her from the party organization’s national and regional electoral lists within three days from the day of receipt of such applications, but no later than seventeen days prior to the day of voting.


In case of cancellation of the registration of a candidate for local council included in the unified and territorial electoral lists of a party organization, such a candidate shall be simultaneously excluded from the respective electoral lists. At the same time, the order (ordinal numbers in the respective electoral lists) of other candidates does not change.


In the event of receipt of applications provided for in clauses 1, 2 of this Part less than nineteen days prior to the day of voting, the territorial election commission shall not consider such applications and no decisions shall be taken thereon.



  1. A decision on cancellation of registration of a candidate for local council or a candidate for village, settlement or city mayor on the grounds specified in clauses 3-8 of Part one of this Article shall be adopted by the respective election commission no later than the third day following the day of receipt of the documents that establish the respective facts or occurrence of the respective circumstances.


A territorial election commission may not decide to cancel the registration of a candidate for local council or a candidate for the position of village, settlement or city mayor later than eighteen days before the day of voting.


The territorial election commission shall consider the issue of cancellation of the registration of a local council candidate or a candidate for village, settlement or city mayor in the presence of such candidate and an authorized representative of the party organization in the territorial election commission. The aforementioned persons shall be notified of the time when the issue of canceling the registration of a candidate shall be considered no later than on the day prior to the day of the consideration of the issue. In the event of the absence of the aforementioned persons who have been duly notified of the time of the meeting for consideration of this issue, the territorial election commission shall consider the issue of canceling the registration of a candidate in the absence of these persons.



  1. The territorial election commission shall present the party organization’s representative in the election commission or the candidate for local council or a candidate for village, settlement or city mayor with a copy of the decision on cancellation of the registration of the candidate (candidates) no later than the next day after its adoption.

  2. In the event of the death of a local council candidate or a candidate for village, settlement or city mayor, the territorial election commission shall adopt a decision removing that candidate from the ballot, excluding him or her from the party organization’s unified and respective regional electoral lists, or from the list of candidates to the respective council.

  3. A decisіon on cancellation of the registration of a candidate (candidates) to local council or a candidate for village, settlement or city mayor and a decision on a candidate’s withdrawal from the election shall be posted on the official website of the respective election commission and on the stand for information materials of the election commission no later than on the next day following its adoption.


The decision to cancel the registration of a candidate (candidates) for local council or a candidates for the position of village, settlement or city mayor shall be immediately sent to the Central Election Commission in accordance with the procedure established by it.