Establishing a Precinct Election Commission

1. A precinct election commission shall be established by the respective district election commission no later than eighteen days prior to the day of voting and shall consist of the head, deputy head, secretary, and other members of the commission, consisting of no less than nine persons.

At election precincts in which the number of voters does not exceed fifty persons, a precinct election commission may consist of the head, the secretary and two to four other members.

2. The right to nominate precinct election commission members (no more than one nominee from each candidate for each election commission) shall be granted to candidates for the President of Ukraine. A submission of a list of persons that a candidate for President of Ukraine wishes to nominate to the respective precinct election commission shall be filed with a district election commission in both paper and electronically according to the form approved by the Central Election Commission no later than twenty-three days prior to the day of voting and shall be signed by an authorized person of a candidate for President of Ukraine in the nationwide or in the respective territorial district.

Submissions of candidates to the precinct election commissions may be filed by means of electronic services in accordance with the procedure established by the Central Election Commission.

3. A precinct election commission of a special election precinct established on a ship which on the day of voting will be sailing under the National Flag of Ukraine, or at Ukraine’s polar station, shall be established by the district election commission according to the place of registration of such a ship or Ukraine’s polar station upon a submission, respectively, of the ship’s captain or the polar station’s head, which can be sent via technical means of communication within the time period prescribed by Part two of this Article

4. The precinct election commission of an out-of-country election precinct shall be established by the Central Election Commission on the basis of the submission filed by entities specified in Part two of Article 84 of this Code, if available, and a submission filed by the Ministry of Foreign Affairs of Ukraine. The submission of the Ministry of Foreign Affairs of Ukraine shall be filed no later than twenty-one days before the voting day. Each nominating entity as specified by Part two of Article 84 of this Code, shall have the right to nominate one candidate to each precinct election commission of an out-of-country election precinct. The Ministry of Foreign Affairs of Ukraine shall submit a list of persons that it wishes to nominate to each precinct election commission of an out-of-country election precinct, consisting of such a number of persons which shall be sufficient to establish each election commission, pursuant to the requirement as regards the election commission composition specified by Part one of this Article.

5. In the event of establishing a special election precinct in an exceptional case pursuant to Part five of Article 30 of this Code, a precinct election commission shall be established by the Central Election Commission at the same time with establishing an election precinct on the basis of a submission filed by the respective district election commission, or the Ministry of Defense of Ukraine.

6. Submissions shall include the following information:

1) last name, first name and patronymic name;

2) date of birth;

3) citizenship;

4) place and address of residence, as well as contact phone numbers;

5) command the state language;

6) educational attainment;

7) place of employment and occupied position;

8) election commission experience;

9) information on whether the nominee has no 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 law.

The submission shall be accompanied by a photocopy of each of the nominees’ passport of a citizen of Ukraine (photocopies of the first and second pages of the passport of a citizen of Ukraine in the form of a passport book or photocopies of the front and reverse side of a passport of a citizen of Ukraine in the form of a card); or photocopies of the first and second pages of a temporary certificate of a citizen of Ukraine (for persons who were recently granted a citizenship of Ukraine).

Statements of consent by persons nominated to the precinct election commission to participate in the work of respective election commission on the behalf the respective nominating entity, consent to perform the duties of the head, deputy head or secretary of the election commission, and not giving consent to participate in the work of the election commission to other nominating entities in the respective election are submitted to the authorized person of the respective candidate for the post of President of Ukraine the national or territorial district before the moment of submission to the Central Election Commission of nominees for candidates to the precinct election commissions.

If the district election commission finds a simultaneous nomination of one candidate to the precinct election commission from different nominating entities, the district election commission shall address the respective nominating entities, and the candidate nominated to the precinct election commission, requesting to clarify information and submit a statement of consent to participate in the work of the precinct election commission on behalf of a respective nominating entity. In case a person's consent to participate in the work of the precinct election commission from the relevant nominating entity is not confirmed, the district election commission shall reject the candidacy of such person.

7. Technical errors or inaccuracies contained in a submission shall not constitute a reason for the rejection of nominees.

When such errors or inaccuracies are found with respect to last name, first name and patronymic name of the person, date of his or her birth - the resolution on the formation of the district election commission shall contain information on the basis of copies of passport documents.

8. Nominees to a precinct election commission may be rejected only on the grounds of their noncompliance with the requirements specified in Part six of this Article, and Article 34 of this Code by way of decision by the district election commission.

9. If the submission of nominees to a precinct election commission fails to be filed within the time period prescribed by Part two of this Article, or if the number of persons nominated to the election commission is less than nine, the district election commission shall appoint the nine members of the precinct election commission, upon proposal submitted by the head of this district election commission, on the basis of proposals from the members of this district election commission, necessarily having regard to all the nominees proposed by the candidates for the President of Ukraine. In such a case, nominees to a precinct election commission may be proposed to the head of the district election commission by other members of this district election commission.

To ensure the proper preparation for and conduct of the election by precinct election commissions, including on the day of voting, a district election commission may, if necessary, increase the number of members of a precinct election commission to eighteen persons on the basis of a submission of the head of the respective district election commission according to proposals of members of this election commission.

10. Each entity whose nominees have been appointed to a precinct election commission (except the Ministry of Foreign Affairs) shall have the right to a proportional share of each category of managerial positions in precinct election commissions. The share of managerial positions for each nominating entity, whose nominees have been appointed to a precinct election commission within a territorial election district, shall be determined on the basis of the proportion of a number of nominees included from this nominating entity in precinct election commissions, in relation to the total number of members included in the precinct election commissions. A person appointed to a precinct election commission upon submission of the head of the district election commission (or upon the submission of the Ministry of Foreign Affairs of Ukraine for an out-of-country election precinct) can be appointed to a managerial position in the election commission only if no candidates for such a position have been nominated by candidates for the President of Ukraine. Managerial positions shall be distributed between the nominating entities according to the shares determined under this Part of this Article according to the procedure approved by the district election commission (or by the Central Election Commission for an out-of-country election precinct), necessarily having regard to the approximate uniformity of territorial distribution of positions received by representatives of each nominating entity.

The provisions of this Part concerning the right to a proportional share of each category of managerial positions shall apply only with regard to the initial formation of precinct election commissions. In the case of formation of a precinct election commission as a result of early termination of the powers of its previous composition, the provisions of this Part shall not apply.

In case of early termination of powers of the head, deputy head, secretary of the precinct election commission and failure by the nominating entity from which the person was included in the precinct election commission to submit other candidates for replacement no later than on the next day after the day of receipt of the notice on the grounds for termination of their powers, but not later than on the last day before the day of voting, another member of this commission shall be appointed to the respective position of the head, deputy head, and secretary of the precinct election commission without respecting the right of the nominating entity to a proportional share of each category of managerial positions.

11. A decision on the establishment and composition of precinct election commissions, as well as a decision on changes in the composition of a precinct election commission adopted in accordance with the requirements of this Code, shall be made public no later than on the third day of the day on which that decision was adopted in the manner prescribed by the respective election commission of the Central Election Commission.