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Article 36
 

Status of a Commission Member

 

1.    The status of a member of the Central Election Commission shall be determined by the Law of Ukraine On the Central Election Commission.

 

2.    Status of a member of a district election commission and a polling station commission, as well as the procedure for acquiring this status, shall be determined by this Law.

 

3.    A member of a district election commission or a polling station commission shall be obliged to familiarize him- or herself with the content of paragraphs 7 through 12 of this Article on the first meeting of the election commission he or she participates in and shall take the following oath of the commission member:

 

       "I (last name, first name and patronymic), taking upon myself the authority of an election commission’s member and being conscious of the high responsibility before the Ukrainian people, swear to comply wit the Constitution and the laws of Ukraine, honestly and diligently perform my duties based on the principles of rule of law, legality, objectivity and without bias, as well as ensure realization and defense of election rights of citizens of Ukraine".

 

4.    An individual who has taken the oath shall put his or her signature under the test of the oath. This document shall be an integral part of the documentation of the respective commission. After taking the oath, member of the commission shall receive a certificate signed by head of the superior commission.

 

5.    A refusal to take an oath shall mean a refusal of the individual to be a member of the commission.

 

6.    Subject to an election commission’s decision, approved by a superior election commission, head, deputy head, secretary or other members of a district election commission or a polling station commission (no more than three individuals altogether) may perform their duties in the election commission on a paid basis in accordance with Article 50 of this Law or on the basis of civil agreement between them and the election commission for the whole period of authority of the election commission or a part of this period. For this period, the said individuals shall be released from their work or service duties at place of their main employment with preservation of their general and special service record.

 

7.    A commission member shall have the right to:

 

1)    take part in preparation of issues being submitted for the election commission’s consideration;

 

2)    take the floor at election commission’s meetings, put questions to other participants of the meeting regarding the agenda, make proposals on issues falling within the commission’s competence;

 

3)    inspect activities of subordinate election commissions upon order of a respective election commission;

 

4)    examine, without impediments, documents of the election commission he/she is a member of, as well as documents of subordinate election commissions on the respective territory;

 

5)    to receive compensation for damages to his/her life, health or property inflicted as a result of execution of a commission member’s duties, including travel expenditures related with execution of a commission member’s duties under the procedure and in the scope established by the Cabinet of Ministers of Ukraine.

 

8.    A commission member may not be dismissed or transferred to a lower-level position at place of employment on the basis of execution of his/her duties in the election commission.

 

9.    A commission member shall be obliged to:

 

1)    observe the Constitution of Ukraine, this Law and other laws of Ukraine concerning preparation to and conduct of elections;

 

2)    take part in the election commission’s meetings;

 

3)    carry out decisions of the election commission and perform duties vested into him/her in accordance with allocation of responsibilities in the commission.

 

10. An election commission member shall also have other rights and responsibilities in accordance with this Law and other laws of Ukraine.

 

11. Each election commission member shall enjoy guaranties and compensations stipulated by current legislation for execution of public or civil duties during working hours provided for direct execution of duties of an election commission member (participation in commission meetings, other activities aimed at implementation of this Law and decisions of a commission). Election commission members shall be released from professional duties at place of their main employment for period required to perform a commission member’s duties upon written notice of a head, deputy head or a secretary of the respective election commission about meeting of a commission or upon decision of an election commission to engage the commission member in other activities stipulated by this Law. Such notices or decisions shall indicate date, time and expected duration of an election commission’s meeting or another event.

 

12. An election commission member shall be prohibited to campaign in favor or against parties (blocs), candidates for deputies and publicly assess activities of parties (blocs) that are subjects of the election process and candidates for deputies during the time period of reliability of his/her authority.