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Article 37
 

Documenting activities of an Election Commission


1. Activities of election commissions shall be documented in accordance with the procedure established by this Code and in accordance with the procedure for keeping records of election commissions established by the Central Election Commission.


2. At a meeting of an election commission, minutes of the meeting shall be kept by the secretary of the commission. Should the secretary of a commission be absent or fail to exercise his or her duties at the meeting, the commission shall appoint a secretary of the meeting from among its members who shall exercise the duties of the secretary at the respective meeting and complete the documents of the meeting. The minutes of a commission meeting shall be signed by the chairperson of the meeting and by the secretary of the commission (or by the secretary of the meeting). Members of a commission shall be granted access to the minutes of a commission meeting, upon their request, no later than at the next commission meeting, and each member of the commission shall have the right to sign the minutes. The minutes of a commission meeting can be released to an electoral subject upon his /her/their request no later than at the next commission meeting.


3. A decision of an election commission on any issue considered shall be drawn up in the form of a resolution which shall include:


1) the name of the commission;


2) the name of the resolution;


3) the time, date, and place of adoption and the number of the resolution;


4) a rationale with reference to the circumstances that caused consideration of the issue at the commission meeting;


5) references to the respective provisions of normative legal acts or the resolution of a higher-level election commission or a court judgment that the commission had in mind when adopting its resolution;


6) an operative part.


A resolution shall be signed by the chairperson of the meeting and by the secretary of the election commission (the secretary of the meeting).


4. Any resolution adopted by an election commission shall be posted on the official information stand the commission for public review no later than 11:00 after the day on which it was adopted; and if adopted on the day preceding the day of voting, on the day of voting, or in the course of vote counting and tabulation of the voting results, it shall be so displayed no later than four hours after the end of the election commission’s meeting.


Any resolution adopted by a district election commission shall be dispatched within the same time period to the Central Election Commission (using the automated information and analytical system) for publication on its official website.


A copy of a resolution adopted by an election commission, certified by the head of the election commission or the deputy head and by the secretary of the election commission and affixed with the election commission’s seal, shall be issued to the electoral subject whom it concerns, upon his /her/their request, no later than four hours after its adoption; and if adopted on the day preceding the day of voting or on the day of voting, it shall be issued without delay.


5. With respect to its current activities, a commission shall be entitled to make protocol decisions the content of which shall be entered in the minutes of the election commission [meeting] and shall not be drawn up as a separate document.


6. An election commission shall draw up reports and protocols. A commission report shall confirm a certain fact or event detected and approved by the commission. A commission protocol shall present the results of actions performed by the commission.


Reports and protocols of an election commission shall be drawn up in cases provided for by this Code, in accordance with the forms approved by a decision of the Central Election Commission, and in the number of copies specified by this Code. Any commission report or protocol shall be signed by all members of the election commission present at the meeting and affixed with the commission’s seal. Candidates, their authorized persons and authorized representatives, authorized representatives of parties (local party organizations), candidates, authorized persons of parties, as well as official observers present at a meeting, shall be entitled to sign the first copy of the report or protocol.