Official Observers

1. Official observers from candidates and parties (party organizations) that are electoral subjects, and from nongovernmental organizations, which have been granted a permission to have official observers in the respective election, in accordance with the procedure established by this Code, may take part in the election process.

Official observers from foreign states and international organizations may monitor the election process. Official observer from foreign states and international organizations shall not be deemed an electoral subject.

2. The right of an electoral subject to have official observers is determined by this Code for each type of election.

3. A person having the right to vote may be an official observer (except official observers from foreign states, international organizations). None of the following persons may be an official observer:

1) a person who is a citizen (national) of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state, or an occupying state;

2) a person in respect of whom proposals have been initiated or submitted by a state recognized by the Verkhovna Rada of Ukraine as an aggressor state, or an occupying state;

3) an election commission member;

4) an official of the state executive bodies; prosecutor’s offices or courts; law enforcement authorities; other state bodies, bodies of the Autonomous Republic of Crimea or local self-government bodies;

5) a serviceman, police officer, employee of the Security Service of Ukraine, a person of the rank and file or senior staff of the State Penitentiary Service of Ukraine;

6) a person who is undergoing alternative (non-military) service;

7) a person who has a criminal record for committing a grave or especially grave crime or a crime against citizens’ electoral rights or a corruption crime, or a crime against the foundations of the national security of Ukraine provided by Article 1111 of the Criminal Code of Ukraine which has not been cleared or cancelled pursuant to the procedure established by the Law.

4. The powers of official observers shall commence on the day of their registration by the respective election commission under the procedure established by this Code and shall expire upon the official announcement (official promulgation) by the Central Election Commission, territorial election commission of the results of the respective election, unless otherwise stated by this Code.

In case of repeat voting, official observers in the respective election shall continue to exercise their powers during preparation for and conduct of the repeat voting; their powers shall be deemed terminated following the official announcement (official promulgation) of the results of the respective election.

5. An official observer from the electoral subject, a nongovernmental organization shall observe the election within the relevant territorial district, in which he or she has been registered as an observer. An official observer from a nongovernmental organization, who has been registered by the Central Election Commission, shall observe the election in the entire territory of the nationwide district.

6. The election commission that registered an official observer may terminate his or her powers early if it has been found that he or she has committed gross and systematic violations of the Constitution of Ukraine and the Laws of Ukraine. The official observer’s powers shall be terminated early by a reasoned decision.

7. The powers of official observers from a party (party organization) or a candidate nominated by a party (party organization) shall be deemed terminated from the moment when the relevant party (party organization) loses the status of an electoral subject.