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Article 49
 

Cancellation of the Decision Regarding Registration of a Candidate (Candidates) for Deputy

 

1. The Central Election Commission shall cancel its decision regarding the registration in a multi-mandate constituency of a candidate for deputy included into the electoral list of a party (bloc), which entails his/her expulsion from the election list in the following cases:

 



if at any time after being registered, the candidate applies in writing stating his/her withdrawal from the ballot; 



if no later than 15 days prior to the election date, the party (bloc) applies for cancellation of the decision to register a candidate for deputy in compliance with the decision adopted in accordance with the party’s statute (agreement on the bloc formation);



establishment of the grounds for cancellation stipulated in clause six Article 48 of this Law;



termination of the candidate’s Ukrainian citizenship;



emigration of the candidate for deputy from Ukraine for permanent residence;



establishment of the incapability of the person nominated as a candidate for deputy, or enforcement against him/her of the court sentence for committing a premeditated crime;



inclusion of the candidate for deputy into more than one list from a part (bloc) provided this person gave his/her written agreement to be nominated in a multi-mandate constituency or his/her registration as a candidate for deputy in a single-mandate constituency;



discovery by the Central Election Commission of vital inconsistencies in the personal information regarding the candidate submitted in compliance with this Law;



establishment by the court of the fact of bribing the electorate by the candidate for deputy or by a third person instructed to do so by the candidate or at his/her request;



 establishment by the court that the organization, of which the candidate for deputy is a founder, owner or board member, provided the electorate with money or goods, services, securities, credits, lottery tickets and other things or value for free or at discount prices during the election process;



  if a candidate for deputy embracing a position, job combination included, in a government office or in a local body of power, or at the state-owned or municipal entity, enterprise or organization, or at a military formation created in compliance with the Ukrainian legislation, engaged or used his/her subordinates for carrying out his/her election campaign, or used his/her office transportation, communication, equipment, premises or other objects and resources at his/her place of work;



  if a candidate for deputy, upon getting a warning from the Central Election Commission described in clause four of this Article, violated the same requirements of this Law. 



 

2.  The Central Election Commission shall cancel its decision regarding the registration in a multi-mandate constituency of all candidates for deputies included into the candidate list of a party (bloc) in the following cases:

 



establishment of the grounds for cancellation stipulated in clause ten of Article 51 of this Law.



establishment by the court of the fact of bribing the electorate by the party (bloc of parties) authorized representatives or by a third person instructed by them to do so or at their request;



 establishment by the court that the organization, of which the party (bloc) is a founder, owner or board member, or their authorized representative provided the electorate with money or goods, services, securities, credits, lottery tickets and other things or value for free or at discount prices during the election process;



establishment by the court that the party (bloc) used other sources of financing besides the resources of its election fund to budget its election campaign;



expenditures of the party (bloc) exceeded the maximum sum of expenses established by this Law for an election fund of a party (bloc of parties).



 

3.   A constituency election commission shall cancel its decision regarding the registration of a candidate for deputy in the following cases:

 



if at any time after being registered, the candidate applies in writing stating his/her withdrawal from the ballot in a single-mandate constituency;



if no later than 15 days prior to the election date, a party (bloc of parties), which nominated the candidate for deputy,  applies for cancellation of the decision to register the candidate for deputy in compliance with the decision adopted in accordance with the party’s statute (agreement on the bloc formation);



termination of the candidate’s Ukrainian citizenship;



emigration of the candidate for deputy from Ukraine for permanent residence;



establishment of the incapability of the candidate for deputy, or enforcement against him/her of the court sentence for committing a premeditated crime;



registration of the candidate for deputy in a multi-mandate constituency or in another single-mandate constituency;



establishment of the grounds for cancellation stipulated in clause twelve Article 48 of this Law;



discovery by the election commission of vital inconsistencies in the personal information regarding the candidate submitted by him/her in compliance with this Law;



establishment by the court of the fact of bribing the electorate by the candidate for deputy or by a third person instructed by the candidate to do so or at his/her request;



 establishment by the court that an entity, enterprise or organization, of which the candidate for deputy is a founder, owner or board member, provided the electorate with money or goods, services, securities, credits, lottery tickets and other things or value for free or at discount prices during the election process;



  if a candidate for deputy embracing a position, job combination included, in a government office or in a local body of power, or at the state-owned or municipal entity, enterprise or organization, or at a military formation created in compliance with the Ukrainian legislation, engaged or used his/her subordinates for carrying out his/her election campaign, or used the said entity’s transportation, communication, equipment, premises and other objects and resources at his/her place of work;



 establishment by the court that the candidate for deputy used other sources of financing besides the resources of his/her election fund to budget the election campaign;



 expenditures of the candidate for deputy exceeded the maximum sum of expenses established by this Law for a candidate’s election fund;



  if a candidate for deputy, upon getting a warning from the constituency or the Central Election Commissions described in clause four of this Article, repeatedly violated the same requirements of this Law. 



 

4.  In the event of the violation of other provisions of this Law on the part of a candidate for deputy or a party (bloc of parties), a corresponding election commission may issue a warning, which shall be made public in the state-owned and municipal media or in a different way.

 

5.  The Central Election Commission shall notify a candidate for deputy or a party (bloc) about the decision to cancel the registration of a candidate (candidates) no later than on the third day after the decision was adopted, and issue a copy of the decision to a party (bloc) representative or the candidate within the same time frame.

 

6.  In the event of death of a candidate for deputy or recognition of his/her absence in place unknown, the Central Election Commission shall declare his/her name withdrawn from the ballot and exclude his name from the candidate list.