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Article 236
 

Guarantees of Activities in Election Process of Party Organizations and Candidates that Registered Their Representatives and Authorized Persons in the Unified Multi-Member Election District.



  1. A party organization that nominated candidates to the Autonomous Republic of Crimea, an oblast, rayon, rayon in city, as well as city, village or settlement council (of a territorial community with 10,000 or more voters) has the right to delegate one representative to the territorial election commission with the right of an advisory vote authorized to represent the interests of the party organization in the territorial election commission during the election process. The candidacy of the representative of the party organization in the election commission shall be approved by the governing body of the party organization.

  2. A citizen of Ukraine who, in accordance with Article 70 of the Constitution of Ukraine, has the right to vote may be a representative of a party organization in an election commission. None of the following persons may be a party organization’s representative to the election commission:


1) an election commission member;


2) a candidate’s agent;


3) a civil servant or official of state executive bodies, prosecutor’s offices or courts; law enforcement authorities, other state bodies, bodies of the Autonomous Republic of Crimea or local self-government bodies;


4) a serviceman, police officer, employee of the Security Service of Ukraine, a junior or senior staff member of the State Penitentiary Service of Ukraine;


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


6) 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 organization’s authorized representative to the election commission signed by the party organization’s chair and affixed with the party organization’s seal, along with a copy of a decision of a party organization’s governing body on approval of candidacy of the party organization’s authorized representative to the respective election commission, shall be filed with the territorial election commission simultaneously with an application to register candidates from the party organization.


An application to register a party organization’s authorized representative to the election commission shall contain the following information: a party organization’s authorized representative last name, first name, patronymic name; his or her citizenship; the day, month and year of birth, place of employment, job position (occupation), place and address of residence, telephone number, information on the 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 a person’s temporary certificate of a citizen of Ukraine (for persons who have recently been granted Ukrainian citizenship).


In case of technical errors and inaccuracies in the application for registration of a representative of a party organization in the election commission, the resolution of the respective territorial election commission on its registration shall contain information on the basis of the copies of the passport documents.



  1. The territorial election commission shall register a party organization’s authorized representative in the election commission with an advisory vote and shall issue an identification document to such representative no later than the third day following the receipt of the documents specified in Part three of this Article. The form of such an identification document shall be established by the Central Election Commission.


In case of violation of the requirements established by parts one to three of this Article, the respective territorial election commission shall refuse to register the representative of the party organization in the election commission.



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

  2. An application to register a party organization’s authorized persons, in both paper and electronic form, signed by the party organization’s head and affixed with the party organization’s seal, along with a copy of a decision of the party organization’s governing body on approval of a list of the party organization’s authorized persons, shall be filed with the Election Commission of the Autonomous Republic of Crimea, an oblast or city election commission at any time after the registration of candidates included in the party organization’s electoral list.


An application to register a party organization’s authorized persons shall contain the following information: each authorized person’s last name, first name (all first names), patronymic name (if any); the respective election district; a party organization’s authorized person’s citizenship; day, month and year of birth, place of employment, job position (occupation), place and address of residence, telephone number, information on the 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 a person’s temporary certificate of a citizen of Ukraine (for persons who have recently been granted Ukrainian citizenship).


In case of detection of technical errors and inaccuracies in the application for registration of authorized persons of the party organization, the resolution of the respective territorial election commission on their registration shall contain information on the basis of the copies of the passport documents.



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


In case of violation of the requirements established by parts two, five, six of this article, the respective territorial election commission shall refuse to register the authorized person of the party organization.



  1. A party organization’s authorized representative in the respective election commission or a party organization’s authorized person, in the time period from the day of his or her registration by a territorial 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 the 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 organization’s authorized representative in the election commission, or a party organization’s authorized person, shall be entitled to file a statement of resignation with the respective election commission at any time prior to the end of the election process

  3. A party organization’s governing body which adopted a decision on approval of the party organization’s representative in the election commission, or the party organization’s authorized person, may at any time prior to the end of election process take a decision to recall the party organization’s representative in the election commission, or a party organization’s authorized person and to approve another candidacy to replace the one that has been recalled. Such an application shall be filed with the respective election commission concurrently with a copy of the decision and other documents under the procedure prescribed by Parts three and six of this Article.

  4. On the basis of an application submitted in accordance with part nine or ten of this article, no later than on the third day after its receipt, and on the eve of the day of voting (day of repeat voting) or on the day of voting (day of repeat voting) – immediately, the territorial election commission shall decide to cancel the registration of a representative of a party organization in an election commission, or an authorized person of a party organization, and, if the respective documents provided for in parts three or six of this article have been received, to register another person as a representative of the party organization in the election commission, or an authorized person of a party organization. A copy of the respective decision shall be immediately issued to the representative of the party organization in the election commission.

  5. The powers of a party organization’s representative in the election commission and a party organization’s authorized person shall also be deemed terminated from the moment the party loses the status of an electoral subject.

  6. The party organization’s representative in the election commission shall be entitled to:


1) be present at all meetings of an election commission during the discussion of issues pertaining to the respective elections and take part in the discussion of such issues with the right of an advisory vote;


2) to receive prior to a meeting its agenda and related materials, to participate in the discussions and to present proposals concerning a decision of the election commission;


3) have access to the minutes of the meetings of the election commission and its decisions and receive copies thereof, and, 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 election commission from the territorial election commissions, in particular those concerning the results of the voting in the unified multi-member election district and territorial election districts, and to obtain copies thereof;


5) exercise other rights specified by this Code for a party organization’s authorized representative in the election commission.


14.A party organization’s authorized person shall:


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


2) represent a party organization’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 and 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) 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 a 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 organization’s official observer, as specified by Part seven of Article 239 of this Code;


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


15. Restrictions established by Part eight of Article 239 of this Code shall apply to a party’s authorized person.


16. Documents for registration of a representative of a party organization in the election commission or an authorized person of the party organization may be submitted to the respective election commission by electronic services in accordance with the procedure established by the Central Election Commission.


The authenticity of the copies of documents provided for in this article may be certified, taking into account the requirements of the laws of Ukraine "On electronic documents and electronic document management" and "On electronic trust services."