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Article 238
 

Agents of Local Council Candidates



  1. A candidate to the Verkhovna Rada of the Autonomous Republic of Crimea, or an oblast, rayon, rayon in city council, as well as a candidate for member of city, village or settlement councils (of territorial communities with 10,000 or more voters) may have no more than three agents.

  2. A candidate to the city, city rayon, village or settlement council (of territorial communities with less than 10,000 voters) shall be entitled to have no more than two agents.

  3. A candidate for a city mayor (in a city with 75,000 or more voters) may have no more than five agents.

  4. A candidate for village, settlement or city mayor (in a city with less than 75,000 voters) may have no more than three agents.

  5. An authorized representative of a party organization in an election commission shall be a citizen of Ukraine who in accordance with Article 70 of the Constitution of Ukraine has the right to vote. None of the following persons may be a candidate’s agent:


1) an election commission member;


2) a party organization’s representative in the Election Commission of the Autonomous Republic of Crimea, or in an oblast, rayon, city, rayon in city, settlement or village election commission (of territorial communities with 10,000 or more voters) or a party organization’s authorized person;


3) 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;


4) 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;


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. A candidate’s agents shall be registered by the respective territorial election commission upon submission of the candidate.


An application to register a candidate’s agents shall contain each agent’s last name, first name (all first names), patronymic name (if any); the day, month and year of birth; citizenship; place of employment (occupation), job position, address of the place 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 copy of the passport of a citizen of Ukraine (copies of the first and second pages of the passport of a citizen of Ukraine in the form of a passport book or a copy of the front and back of the passport of a citizen of Ukraine in the form of a card) or copies of the first and second pages of a temporary certificate of a citizen of Ukraine citizenship of Ukraine) of the proposed person.


In case of detection of technical errors and inaccuracies in the application for registration of agents of the candidate, the resolution of the respective election commission on registration of agents shall contain information on the basis of copies of passport documents.


The application for registration of agents signed by the candidate shall be submitted on paper and in electronic form unless otherwise established by the Central Election Commission in the case of the use of electronic services.


The respective election commission shall no later than three days from the date of receipt of the application register the agents of the candidate and issue them certificates in the form established by the Central Election Commission.


In case of violation of the requirements established by parts one to six of this article, the respective election commission shall refuse to register the candidate’s agents.



  1. A candidate’s agents shall facilitate candidates during the election process, represent a candidate’s interests in the relations with the election commissions, state executive bodies, other state bodies, state bodies of the Autonomous Republic of Crimea, local self-government bodies, associations of citizens and voters.

  2. A candidate’s agents shall acquire powers from the day of their registration by the respective election commission. The powers of these persons shall be terminated on the day of completion of the respective election process. The powers of agents may be terminated earlier in case of withdrawal of a candidate from the ballot and, in case of cancellation of the respective candidate, from the expiry of the term of appeal against the decision to cancel the registration of the candidate or, in case of an appeal, from the date of its entry into force.

  3. An agent of a candidate shall have the right from the day of his or her registration for the time period of the election process to be released from his or her employment-related or official duties, with the suspension of salary for that period upon agreement with the owner of the enterprise, establishment, organization or a body authorized by the owner.

  4. A candidate may at any time prior to the end of the election process address the respective election commission with a request to terminate the powers of his or her agents. An agent of a candidate shall have the right to file a statement of resignation with the respective election commission at any time.


On the basis of the respective applications, the respective election commission shall, no later than on the third day following 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, and, in the case of presence of the respective documents specified in Part six of this Article, adopt a decision to register another person as his or her representative. A copy of the decision shall be sent (issued) to the candidate or an agent, as regards which such a decision was taken.


11. An identification document issued to a candidate’s agent, whose registration has been cancelled, shall be immediately returned to the territorial election commission that issued it.


12. An agent of a candidate shall:


1) be allowed to be present at the meetings of the territorial election commissions and precinct election commission and to participate in them with the right of the advisory vote;


2) 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, having regard to the restrictions specified by this Code;


3) be allowed to receive, in the respective election commission, identification documents of official observers from a candidate, whose interests he or she represents;


4) upon instructions from a candidate, be a manager of his or her electoral fund;


5) be allowed to receive copies of the vote-counting protocols on the vote counting at an election precinct, or the protocols of the territorial election commission on the results of the voting and the results of the elections;


6) draw up acts on violations, which shall be signed by the persons who discovered a violation and voters who witnessed the violation, and submit them to the respective election commission with due compliance with the time period requirement established by the law;


7) apply to the respective election commission with a statement on the elimination of the revealed violations;


8) on behalf of the candidate to appeal on his behalf against decisions, actions or omissions of the respective precinct election commission violating the legal rights of the candidate, in the manner prescribed by this Code;


9) to sign acts or protocols drawn up by the precinct, territorial election commission on the respective local elections, in case his or her presence at the meeting of the election commission during their drafting;


10) exercise the rights provided for by this Code for an official observer from an electoral subject;


11) exercise the rights provided for by this Code for an agent.


13. No interference on behalf of a candidate’s agent with the work of election commissions shall be allowed.


14. A candidate’s agents shall fulfill their functions on a voluntary basis.


15. Documents for registration of a candidate’s agent may be submitted to the respective election commission using electronic services in accordance with the procedure established by the Central Election Commission.