Official Observers from Parties (Blocs)
1. A citizen of Ukraine who has the right of vote may be an official observer of a party (bloc) that is a subject of the election process. The following individuals may not be representatives of a party (bloc): member of an election commission; an official of executive bodies or courts, law-enforcement bodies or bodies of local self-government; a military serviceman; an individual that serve the alternative (non-military) service.
2. An official observer from a party (bloc) in a territorial election district shall be registered by a district election commission at the application of the authorized representative of the party (bloc) in the respective election district or all-national constituency.
3. The application for registration of official observers shall contain their last name, first name and patronymic, citizenship, date of birth, place of residence and address of residence, place of work and position, and telephone contact numbers. A written consent of such individuals to be official observers from the respective party (bloc) shall be attached to the application.
4. The application for registration of official observers of a party (bloc) signed by the authorized representative of the party (bloc) shall be submitted to the respective district election commission no later than five days before Election Day. Only violation of paragraphs 1 through 3 of this Article may be a ground for rejection of registration of official observers from a party (bloc).
5. A respective district election commission shall carry out registration of official observers and provides official observers from parties (blocs) with certificates in line with the form established by the Central Election Commission no later than on the next day after submission of the application.
6. Registration of official observers from parties (blocs) in the foreign election district shall be done by the Central Election Commission under the procedure stipulated by this Article.
7. An official observer from a party (bloc) shall have the right to:
1) stay at polling stations during voting, observe acts of commission members from any distance, including during ballot papers issuance to voters and tabulation of votes, without physically impeding on commission members’ activities;
2) take photos and film, take video and audio records without violation of the secrecy of voting;
3) be present during issuance of ballot papers to polling station commission members, including issuance for organization and conduct of mobile voting;
4) be present, in line with requirements of this Law, at meetings of polling station commissions and district election commissions while taking into account provisions stipulated by paragraph 3 of Article 34 of this Law, including during the vote counting at a polling station, and of voting tabulation in a territorial election district;
5) complain to the respective election commission or to court demanding to eliminate infringements upon this Law in the event of their discovery;
6) draw up acts on discovery of infringements of this Law to be signed by the observer and at least two voters who certify the fact of infringement with indication of their last names, first names and patronymics, places of residence and addresses, and submit this act with a respective complaint to an election commission or to court within the time period stipulated by Article 106 of this Law;
7) take necessary measures to stop illegal acts during voting and vote tabulation at a polling station;
8) receive copies of protocols about transfer of ballot papers, about vote tabulation and determination of voting results and other documents in cases stipulated by this Law;
9) carry out other rights stipulated by this Law to official observers from parties (blocs).
8. An official observer from a party (bloc) shall not have the right to:
1) interfere in work of an election commission without valid grounds, perform acts impeding the legal flow of the election process or illegally prevent commission members from execution of their authority;
2) fill in a ballot paper instead of a voter (including at the request of the voter);
3) be present during filling in a ballot paper by a voter in a booth (room) for secret voting or violate the secret of voting in any other way.
9. If an official observer of a party (bloc) infringes upon requirements of paragraph 8 of this Article, an election commission may reprimand him or her. In the event of the repeat or gross violation of the requirements of paragraph 8 of this Article, the election commission may deprive him or her of the right to be present at its meeting. Such a decision may be appealed against by an official observer of a party (bloc) with a superior election commission or court under the procedure stipulated by this Law.
10. An authorized representative of a party (bloc) shall have the right to recall an official observer of a party (bloc) by filing a written petition to a respective district election commission (and concerning an official observer in an foreign election district – to the Central Election Commission) requesting termination of his or her authority, and submitting documents for registration of another individual as an official observer under the procedure stipulated by this Article.
11. An official observer shall have the right to address to a district election commission (and an official observer in a foreign election district – the Central Election Commission) at any time with a petition on laying down his or her authority. Based on this petition, an election commission shall pass a decision on cancellation of registration of the official observer, and a copy of this decision shall be given to the authorized representative of a party (bloc) in the respective election district.
