Official Observers from Foreign States and International Organizations

1. Official observers from foreign states or international organizations shall be accredited by the Central Election Commission. Proposals regarding accreditation of official observers shall be submitted by foreign states or international organizations to the Central Election Commission directly or through the Ministry of Foreign Affairs no later than seven days prior to the day of voting in the national election and no later than ten days prior to the day of voting in the local election. The procedure for accreditation of official observers from foreign states and international organizations is determined by the Central Election Commission.

2. Citizens of Ukraine may not be accredited as official observers from foreign states or international organizations. Citizens of Ukraine, or foreigners, or persons without citizenship who speak Ukrainian may accompany accredited official observers from foreign states and international organizations in the territory of the election precincts and during meetings of election commissions, provided that he or she acts only as an interpreter (no more than one person with each official observer).

3. A decision on accreditation of official observers from foreign states or international organizations shall be made by the Central Election Commission no later than five days prior to the day of voting.

4. The Central Election Commission shall issue identification documents, of a form established by it, to official observers from foreign states or international organizations.

5. Official observers from foreign states or international organizations shall exercise their powers in the territory of Ukraine.

6. An official observer from a foreign state or an international organization shall be entitled to:

1) be present at the meetings of candidates, their proxies, representatives or authorized persons of parties (party organizations) that are electoral subjects with voters, at election campaign meetings, rallies, and meetings of election commissions;

2) familiarize himself or herself with the election campaigning materials;

3) be present, in compliance with the requirements of this Code, at the election commission’s meetings, be present in the premises of precinct election commission, district election commission or territorial election commission and observe the actions of the election commission members from any distance, in particular during the issuance of ballot papers to voters and vote counting and establishing the results of an election, without physically obstructing the election commission members;

4) make photographic, film, audio and video recordings, without violating the secrecy of voting;

5) publicly express proposals, after the end of the election, relating to preparation for the respective election and improving the legislation of Ukraine, taking into consideration the international experience; hold press-conferences in accordance with the requirements of the Laws of Ukraine;

6) together with other observers from foreign states or international organizations, create temporary groups of official observers for coordination of their activities within the scope of their powers specified by this Code;

7) receive copies of the protocols or other documents in the cases specified by this Code.

7. Official observers from foreign states or international organizations shall perform observations autonomously and independently, with due consideration of restrictions established by Part ten of this Article.

8. The Ministry of Foreign Affairs of Ukraine, other state executive bodies, state bodies of the Autonomous Republic of Ukraine, local self-government bodies, and election commissions shall facilitate official observers from foreign states or international organizations in exercising their powers.

9. Financial and material support for activities of official observers from foreign states or international organizations shall be provided at the expense of funds of the states or organizations which have sent such observers to Ukraine, or at the observers’ own expense.

10. Official observers from foreign states and international organizations may not: interfere with the work of the election commission, perform actions that impede the lawful course of the election process, or unlawfully prevent the election commission members from exercising their powers; fill out a ballot paper for a voter (in particular upon his or her request) or violate the secrecy of voting in any other way and use their status in an activity not pertaining to the election process observation. These restrictions shall also apply to persons who, in compliance with Part two of this Article, accompany official observers, at the time when they directly work with the official observer from a foreign state or an international organization.