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Article 71
 

Restrictions on Election Campaigning

 

1.    Participation in election campaigning shall be prohibited for:

 

1)    foreign nationals and stateless individuals, including campaigning through journalistic activities or participation in concerts, performances, sport events, other public events, conducted in favor or with support of a party (bloc) — subject of the election process or a candidate for deputy;

 

2)    executive authorities and bodies of local self-government, law-enforcement authorities and courts;

 

3)    officers and officials of bodies referred to in sub-paragraph 2 of this paragraph, except for cases when a respective officer or official is a candidate for deputy;

 

4)    members of election commissions when they hold offices at the respective election commissions.

 

2.    Election campaign shall be restricted in military units (formations) and correctional facilities. Individual candidates for deputies or authorized representatives of parties (blocs) are prohibited from visiting military units (formations) and correctional facilities. Meetings of such individuals with voters shall be organized by respective district election commission together with commanders of military units (formations) or heads of correctional facilities with obligatory notification of all authorized representatives of parties (blocs) in a respective territorial election district on such meeting no later than three days before it.

 

3.    It is prohibited to use premises of the state authorities and bodies of local self-government for election campaigning at the expenses of party (bloc) election fund.

 

4.    It is prohibited to place campaign materials and political advertisement on the buildings and at the premises of the state authorities and bodies of local self-government.

 

5.    Dissemination in any form of materials containing calls on liquidation of Ukraine’s independence, forced change of its constitutional regime, infringement of sovereignty and territorial integrity of the state, disruption of its security, illegal seizure of its state power, propaganda of war, violence and stirring up national, inter-ethnic, racial, religious hatred, encroachment on human rights and freedoms, health of the population shall be prohibited.

 

6.    Mass media, their officers and officials and creative staff members shall be prohibited from campaigning in favor or against parties (blocs), their candidates for deputies, favoring them in any form during the election process in their materials and programs not covered by agreements, as entered into in accordance with requirements of paragraph 10 of Article 69 and paragraph 6 of Article 70 of this Law.

 

7. It is prohibited to place political advertisement in one bloc together with commercial or social advertisement.

 

8.    It is prohibited to place bearers of political advertisement, as well as to disseminate political advertisement via radio broadcasting or other networks of informing passengers in means of public transport, at metro stations, railway stations, in ports, and airports.

 

9.    It is prohibited to distribute knowingly false information or cast aspersion on a party (bloc), a subject of the election process or on a candidate for deputy.

 

10. If mass media outlets infringe the requirements of paragraphs 5 and 9 of this Article, licenses or publication (printing) of such mass media outlets shall be suspended (until completion of the election process) in the procedure stipulated by the law upon submission of the Central Election Commission or a respective district election commission. In case of other infringements of this Law by mass media outlets, licenses or publication (printing) shall be suspended based on a court decision only.

 

11. National Council of Ukraine on Television and Radio Broadcasting shall by its decision suspend broadcasting on the territory of Ukraine including through telecommunication operators, foreign television channels, which violate the provision, which prohibit participation of foreign nationals, stateless individuals in election campaigning through journalistic activity, or which activity contain call on liquidation of Ukraine’s independence, forced change of its constitutional regime, infringement of sovereignty and territorial integrity of the state, disruption of its security, illegal seizure of its state power, propaganda of war, violence and stirring up national, inter-ethnic, racial, religious hatred, encroachment on human rights and freedoms, health of the population. 

 

12. A party (bloc), a subject of the election process, a candidate for deputy shall have the right to address to a mass media outlet, which has made public information regarded as false by a party (bloc) or a candidate, and demand to make public their reply. The mass media outlet, which has made public the respective material, shall give to the party (bloc), the candidate for deputy, being a subject of false information, a possibility to make public their reply no later than three days after being addressed with demand for reply, but no later than on the last day before Election Day, as follows: to give the same airtime on TV or radio, respectively, or publish material in printed mass media, submitted by party (bloc) or candidate, which shall be set up in the same type and placed under the “Reply” header in the same section of a page utilizing space no less than the space of the information being denied. The reply must contain references to the respective publication in the printed media, TV program, radio broadcast and to the facts being denied. The reply published on the last day before Election Day must not contain direct calls for voting in favor or against some party (bloc). The reply must be made public with no attachments, comments and in full length at the expense of the mass media outlet. A reply on the reply may not be made.

 

13. It is prohibited to hold the campaign, accompanied with providing money or free or beneficial providing of goods (except for the goods containing visual images of the name, symbols, flag of the party (a party which is part of a bloc, or a bloc), upon the condition that the value of such goods does not exceed three percent of a minimum wage), services, work, securities, loans, and lotteries, other material valuables to voters, entities, institutions, and organizations. Such campaigning or providing voters, entities, institutions, and organizations with free or beneficial goods, services, work, securities, loans, and lotteries, other material valuables, accompanied with calls on or proposals to vote or refrain from voting in favor of some party (bloc) or mentioning of the name of a party (bloc) or name of a candidate shall be deemed indirect bribing of voters, as referred to in sub-paragraph 2 of paragraph 4 of Article 64 of this Law.

 

14. The Central Election Commission shall ensure publication in nationwide mass media, as specified in this paragraph, of explanations on prohibition of giving money to or free or beneficial providing voters, entities, institutions, organizations, as well as election commissions and its members with goods (except for the goods containing visual images of the name, symbolic, flag of the party (a party which is part of a bloc, or a bloc), upon the condition that the value of such goods does not exceed three percent of minimum wage), services, work, securities, loans, and lotteries, other material valuables (indirect bribing). The text of explanation shall be approved by the Central Election Commission and published in the Holos Ukrainy and Uryadovyi Kuryer twice a week on the front page and shall be broadcasted by first channels of the National TV Broadcasting Company of Ukraine and the National Radio Broadcasting Company of Ukraine starting 60 days before Election Day at the expense of funds of the State Budget of Ukraine allocated for preparation and conduct of the elections.

 

15. Regional (local) TV and radio broadcasting organization of the state and municipal form of ownership shall not override programs of election campaign of parties (blocs) being broadcasted by the national channels at the expense of allocations from the State Budget of Ukraine for preparation and conduct of the elections, with their own programs.

 

16. Special authorized central executive authority on TV and radio broadcasting together with respective TV and radio broadcasting organizations subordinate to it, shall establish the procedure according to which the election program of one party (bloc) shall not be broadcasted by the First National TV channel simultaneously with broadcasting of the same program of another party (bloc) by the First National Radio Channel, if airtime for both broadcasts is rendered at the expense of allocations from the State Budget of Ukraine for preparation and conduct of the elections.

 

17. It is prohibited to include election campaigning materials of parties (blocs) into informational TV and radio programs (news coverage). All election campaigning materials must be separated from other materials and indicated as so.

 

18. It is prohibited to interrupt broadcasts of election programs of parties (blocs) with advertising of goods, services and other announcements.

 

19. It is prohibited to hold campaign in foreign mass media, which operate within the territory of Ukraine, and in mass media registered in Ukraine, if foreign interest exceeds 50 %.

 

20. Mass media of all forms of ownership operating within the territory of Ukraine, shall not disseminate information on results of public surveys concerning parties (blocs) — subjects of the election process within 15 days prior to Election Day.

 

21. It is prohibited to post printed propaganda materials, political ads, and information on course of the election process on the objects of cultural heritage.

 

22. Candidates for deputies, who hold offices, including those working on part-time basis, in executive authorities and bodies of local self-government, in law-enforcement authorities or courts, state or municipal enterprises, in institutions, entities, organizations, military units (formations) should not engage for campaigning or any work related to campaigning their subordinates at their place of work or other individuals being in service or administrative subordination to them (in working time), or use service transport, communication, equipment, premises, other objects and resources at their place of work, as well as use official or production meetings, staff meetings for campaigning.

 

23. It is prohibited to produce and distribute printed election propaganda materials containing no information on a printing plant, circulation, information on individuals responsible for issue.

 

24. When election campaigning is terminated in accordance with paragraph 2 of Article 65 of this Law, it shall be prohibited to hold agitation events, disseminate election propaganda materials in mass media, demonstrate agitation films or clips, distribute election leaflets, posters, other printed agitation materials or printed editions, containing election agitation materials, to call on voting in favor or against parties (blocs), subjects of the election process or make assessments of activities of such parties (blocs) or candidates for deputies in public. Election propaganda materials shall be removed starting from 24.00 of the last Friday before Election Day by respective services of local executive bodies and bodies of local self-government.

 

25. It is prohibited to publish on Election Day results of surveys on voter’s will during the voting until its termination. Procedures of such surveys should ensure secrecy of voting of a voter being interviewed.

 

26. Individuals guilty in impeding the exercise of the right to conduct election campaign, as well as violation of the procedure of election campaigning, stipulated by the law, shall be held liable in accordance with laws of Ukraine.

 

27. If the Central Election Commission or a district election commission receives claim, complaint or other notification on infringement of the requirements of this Article, which bear signs of a crime or an administrative offence, the respective election commission should immediately address to the respective law-enforcement agencies for verification of the mentioned notice and responding in accordance with laws of Ukraine.