Termination of the Authority of the Election Commission and a Member of the Election Commission
1. The authority of a constituency election commission and of a polling station election commission shall be terminated 10 days after the official publication of the results of deputies’ election in the respective single-mandate constituency. The authority of a constituency election commission and of a polling station election commission may be terminated ahead of time by the election commission, which formed the above commission, on its own initiative, on the presentation of the prosecutor’s office or a court decision in case the commission violated the Constitution of Ukraine, this Law or other laws of Ukraine.
2. The authority of a member of a constituency election commission or a polling station election commission shall be terminated concurrently with the termination of the authority of the election commission.
3. The authority of a member of a constituency election commission or a polling station election commission shall be terminated ahead of time by the election commission, which formed the above commission, in connection with:
1) a personal notice from a member of the commission about his/her resignation;
2) his/her recall by the party (block of parties) or the candidate for deputy registered in the respective single-mandate constituency;
3) termination/loss of his/her Ukrainian citizenship;
4) loss by the party (the block of parties), on the presentation of which this person was incorporated in the election commission, of the status of a subject of the electoral process, or overruling of the decision on the registration of the candidate for deputy in a single-mandate constituency, on whose presentation this person was incorporated in the election commission;
5) his/her departure, for the period till the date of elections, beyond the borders of the single-mandate constituency or populated locality, which entails impossibility to fulfill the duties of a member of the election commission;
6) systematic failure to fulfil his/her duties;
7) his/her registration as a candidate for people’s deputy of Ukraine, a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, or a candidate for deputy of a local council or chairman of a village, settlement or city council;
8) his/her registration as an authorized person of a political party (block of parties), or as an electioneering agent of a candidate for people’s deputy of Ukraine, or a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, or a candidate for deputy of a local council or chairman of a village, settlement or city council;
9) his/her violation of the election legislation of Ukraine;
10) coming into legal force of the court’s verdict of guilty for a deliberate crime committed by him/her;
11) his/her incorporation in a different election commission of any level, which is involved in the preparation and holding of the elections of the people’s deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, or deputies of local radas (councils) or chairmen of village, settlement or city councils;
12) his/her recognition as incapable;
13) his/her death.
4. In case of early termination of the authority of the election commission or decrease of the number of its members below the level specified in Articles 20 and 21 of this Law, the respective higher election commission, within seven days from the date of termination of the authority of the above commission but not later than on the eve of the day of the elections, shall duly approve a new membership of the commission or incorporates other persons in it to replace those whose authority is terminated, in accordance with the procedure established by this Law.
5. In case of systematic failure on the part of the chairman, deputy chairman, secretary or other member of the election commission to fulfil his/her duties, a constituency election commission or a polling station election commission may address its founding election commission with a motivated decision on his/her/their replacement, provided not less than two-thirds of the members of this commission supported such decision. This decision is subject to mandatory consideration within the period specified in Paragraph 4 of this Article.
6. Under the circumstances described in Items 1, 3, 4, 7, 8, 10 and 13 of Paragraph 3 of this Article, the authority of a member (members) of the commission shall be terminated from the moment of commencement or identification of such circumstances, and under the circumstances specified in Items 2, 5, 6, 11 and 12 hereof – from the moment of making decision on termination of his/her/their authority.
