Establishing the Results of Election of the President of Ukraine

1. At its meeting, the Central Election Commission shall, within ten days, but no later than the third day of the day of receipt of all protocols of the district election commissions on the voting results within the respective territorial districts, based on such protocols, including those marked “Corrected”, and the protocol of the Central Election Commission on the voting results within the out-of-country election district, establish the results of voting on the day of the election of the President of Ukraine by drawing up the protocol thereon. The Central Election Commission shall be obliged to establish the results of voting on the day of the election of the President of Ukraine regardless of the number of election precincts (election district), in which (within which) the voting has not been organized and held in accordance with the requirements of Articles 118 or 119 of this Code.

The Central Election Commission may extend, but no more than by one day, the time period, if necessary, for the district election commission to provide a protocol with the mark “Corrected”.

Should a district election commission fail to draw up, or fail to draw up properly, a protocol on the voting results, including the one with the mark “Corrected”, within the time limit established by this Code, or should it fail to deliver it to the Central Election Commission, the Central Election Commission shall exercise powers of the district election commission with regard to establishing the voting results in the respective territorial district. In this case, the Central Election Commission shall demand from the district election commission to provide the election documents specified in Part ten of Article 121 of this Code and ensure the transportation thereof and may also require other documents.

The following data shall be entered into the protocol on the results of voting on the day of the election of the President of Ukraine, in words and in numbers:

1) the number of ballot papers printed by request of the Central Election Commission;

2) the number of ballots received by the district election commissions;

3) the number of unused ballot papers invalidated by the district election commissions;

4) the number of ballot papers received by the precinct election commissions, and printed by them with the permission of the Central Election Commission;

5) the number of unused ballot papers invalidated by the precinct election commissions;

6) the number of voters included in the voter lists at election precincts;

7) the number of voters who received ballot papers;

8) the number of ballot papers at the election precincts that were not subject to counting;

9) the number of voters who took part in the voting;

10) the number of ballot papers declared invalid;

11) the number of votes cast for each candidate for the post of President of Ukraine;

12) the percentage of the votes cast for each candidate for the post of President of Ukraine, in relation to the total number of voters who took part in the voting;

2. The data on the voting results shall be entered in numbers in the protocol of the Central Election Commission on the voting results on the day of the election of the President of Ukraine. The data specified in clauses 2-12 of Part one of this Article shall be entered for each territorial district, with the totals for the nationwide election district. The protocol shall be signed by the Head, Deputy Heads, the Secretary and other members of the Central Election Commission, who are present at the meeting of the Central Election Commission and affixed with the seal of the Central Election Commission. The protocol shall specify the date and time (hours and minutes) of their signing by the members of the Central Election Commission. If a member of the Central Election Commission disagrees with the established results of the election entered into the protocol of the Central Election Commission, that member shall sign the protocol with a note “With dissenting opinion”. A written dissenting opinion of an individual member of the Central Election Commission shall be attached to the protocol on the results of voting on the day of the election of the President of Ukraine. In the case of absence of the signature of the member of the Central Election Commission in the protocol, the reasons for the absence of the member of the Central Election Commission at its meeting shall be indicated next to his or her last name. Candidates for the President of Ukraine, their authorized representatives in the Central Election Commission who are present during the establishing the results of voting on the day of the election of the President of Ukraine shall be entitled to sign the first copy of the protocol. The contents of the protocol shall be immediately published on the official website of the Central Election Commission.

The failure or refusal of some members of the Central Election Commission to sign the protocol shall entail no legal consequences for the validity of the protocol.

In the case if the voting within certain territorial districts has not been organized and conducted, in accordance with the provisions of Article 118 or 119 of this Code, the results of the voting on the day of voting in the election of the President of Ukraine shall be established based on the voting results established in other territorial districts.

3. A candidate who has received more than half of votes of voters who took part in the voting shall be deemed elected on the day of voting in the election the President of Ukraine. In this case, the protocol of the Central Election Commission on the results of the voting on the day of the election of the President of Ukraine shall contain the last name and initials of the candidate who, in accordance with this Code, has been elected the President of Ukraine.

4. If the ballot for voting includes no more than two candidates for the President of Ukraine, and if according to the results of the voting on the day of the election of the President of Ukraine none of the candidates was elected in accordance with the requirements of Part three of this Article, the Central Election Commission shall, on the basis of clause 1 of Part four of Article 76 of this Code, adopt a decision to address the Verkhovna Rada of Ukraine with a submission requesting to appoint the repeat election of the President of Ukraine, stating the above in the protocol on the results of the voting on the day voting in the election of the President of Ukraine. If after the expiration of the time period for the registration of candidates for the President of Ukraine no candidate has been registered, the Central Election Commission, on the basis of clause 2 of Part four of Article 76 of this Code, no later than on the fifth day after the expiration of the registration period, address the Verkhovna Rada of Ukraine with a submission requesting to appoint the repeat election of the President of Ukraine.

5. If the ballot for voting includes more than two candidates for the President of Ukraine, and if according to the results of the voting on the day of the election of the President of Ukraine none of the candidates was elected in accordance with the requirements of Part three of this Article, the Central Election Commission shall adopt a decision to hold a repeat voting, stating the above in the protocol on the results of the voting on the day of the election of the President of Ukraine.

6. No later than on the third day after signing the protocol on the results of the voting on the day of the election of the President of Ukraine, the Central Election Commission shall publish the notification on the results of the voting on the day of the election of the President of Ukraine, in the newspapers Holos Ukrainy and Uriadovyy Courier.