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Article 37
 

Pre-term Termination of Authority of All Members of Election Commissions or Individual Election Commission Members

 

1.    Authority of all members of a district election commission or a polling station commission may be pre-term terminated by an election commission that established it upon its own initiative or based on a court decision if a commission systematically infringes upon the Constitution of Ukraine, this Law and other laws of Ukraine.

 

2.    Pre-term termination of authority of all members of an election commission shall not mean liquidation of this commission.

 

3.    Authority of a member of a district election commission or a polling station commission shall be pre-term terminated by an election commission that established it in the following instances:

 

1)    the commission member files a personal petition for resignation as commission member;

 

2)    the entity that nominated his or her candidacy withdraws this nomination;

 

3)    his or her Ukrainian citizenship is terminated;

 

4)    he or she leaves the territory of Ukraine or the territory of a country where a polling station abroad is established for the period until Election Day which shall prevent him or her from performing duties of a commission member;

 

5)    he or she is registered as a candidate for people's deputy of Ukraine, or a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, a candidate for local council deputy or a candidate for head of village, settlement, and city council, if these elections are held simultaneously with the elections of people's deputies of Ukraine;

 

6)    he or she is registered as a representative of party (bloc) in the Central Election Commission, as an authorized representative of a party (bloc) or an entrusted representative of a candidate for a deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, a candidate for deputy of local council or a candidate for head of village, settlement, and city council, and as an authorized representative of a local branch of a party (bloc of local branches of parties) if these elections are held simultaneously with the elections of people's deputies of Ukraine;

 

7)    he or she becomes member of another election commission that prepares the conduct of elections of people's deputies of Ukraine, or deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils or heads of villages, settlements, and city councils, if these elections are held simultaneously with the elections of people's deputies of Ukraine;

 

8)    he or she refuses to take an oath of a commission member;

 

9)    he or she violates the oath of a commission member revealed in repeated failures to fulfill his or her duties, and these failures are confirmed by at least two decisions of the election commission where he or she is a member;

 

10) he or she commits a gross violation or repeated violations of the legislation of Ukraine on elections confirmed by a court decision or a decision of the superior election commission;

 

11) when he or she is convicted for a deliberate crime and this conviction enters into legal force;

 

11) he or she is declared incompetent;

 

12) he or she dies.

 

4.    If events referred to in sub-paragraphs 1, 3, 5-8, 11-13 of paragraph 3 of this Article shall occur, authority of a commission member shall be terminated from the moment of their occurrence or discovery, and in the case of events referred to in sub-paragraphs 2, 4, 9, 10 of paragraph 3 of this Article – from the moment of a decision on termination of his or her authority is passed.

 

5.    A superior election commission that pre-term terminated authority of all members of an election commission or an individual commission member, or discovered grounds for termination thereof, shall inform subjects of the election process that nominated commission members whose authority is terminated or against whom grounds for termination of authority are discovered no later than on the following day.

 

6.    In case of pre-term termination of authority of all election commission members, a superior election commission shall approve new composition of the election commission under the procedure stipulated by this Law no later than on the seventh day after termination of commission’s authority and no later than on the last day before Election Day.

 

7.    In case of pre-term termination of a commission member’s authority, a respective superior election commission shall include another individual into commission’s membership instead of a commission member whose authority was terminated no later than on the seventh day after termination of his or her authority and no later than on the last day before Election Day under the procedure stipulated by this Law.

 

8.    In case of a pre-term termination of a commission member’s authority on the last day before Election Day, such a decision shall be passed simultaneously with a decision on including another representative form the same subject of the election process into the respective election commission.

 

9.    A party (bloc) that are subjects of nomination of a candidate whose authority is terminated pre-term shall have the priority right to nominate an individual for a commission member instead of the excluded commission member. Such nomination, made in accordance with requirements of this Law, may not be rejected.

 

10. In case of a pre-term termination of authority of a polling station commission member abroad, if a subject of nomination referred to in paragraph 9 of this Law fails to propose another nominee, another individual shall be included into a commission upon submission of the Ministry of Foreign Affairs of Ukraine only in the event when the numerical strength of a polling station commission falls under the minimum membership number stipulated by paragraphs 2 and 3 of Article 28 of this Law.

 

11. In case a head, deputy head or a secretary of an election commission repeatedly neglects his or her duties, a respective district election commission or a polling station commission may complain to the election commission that established it with a well-grounded petition for substitution if at least two thirds of commission members voted in favor of this petition. This petition shall be mandatory for consideration within the time period stipulated by paragraph 7 of this Article. A decision on substitution of a head, deputy head, and a secretary of an election commission shall not cause termination of their authority as members of the respective election commission. This decision shall be taken in line with provisions of paragraphs 9 and 10 of Article 27 and paragraphs 10 and 11 of Article 28 of this Law.