Official Observers from Parties that Have Registered MP Candidates in the Nationwide Election District

1. Official observers from parties that have registered MP candidates in the nationwide election district shall be registered by the district election commission upon submission of the party’s authorized person in the respective territorial or nationwide election district (authorized on the basis of a power of attorney issued by the party).

Official observers from parties in the out-of-country election district shall be registered by the Central Election Commission in accordance with the procedure specified by this Article.

2. An application for registration of official observers from the party shall contain each person’s last name, first name (all first names), patronymic name (if available); the day, month and year of birth; citizenship; place of employment (occupation), job position, mailing address, telephone number and e-mail address, information on absence of 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.

The application shall be appended with a photocopy of a passport of a citizen of Ukraine (photocopies of the first and second pages of a passport of a citizen of Ukraine in the form of a passport book or photocopies of the front and reverse sides of a passport of a citizen of Ukraine in the form of the card), or a photocopy of the first and second pages of a temporary certificate of citizen of Ukraine (for persons who have recently been granted Ukrainian citizenship).

In case technical errors and inaccuracies are found in the application for registration of the party’s official observer - the resolution of the Central Election Commission on their registration shall contain information based on copies of passport documents.

3. An application for registration of official observers, signed by a party’s authorized person in the respective territorial or nationwide election district (authorized on the basis of the power of attorney issued to a party’s representative), shall be submitted to the respective district election commission, and with regard to official observers in an out-of-country district – to the Central Election Commission, no later than five days prior to the day of voting (in both paper and electronic form).

Documents for registration of party’s official observers may be submitted to the Central Election Commission by means of electronic services in accordance with the procedure established by the Central Election Commission.

4. The district election commission, and with regard to official observers in the out-of-country district – to the Central Election Commission, shall register official observers from the party in the respective territorial (out-of-country) election district, produce and issue to them their identification documents in a form established by the Central Election Commission no later than the third day after the submission of the application.

5. The only ground upon which an application for the registration of an official observer may be refused is failure to comply with requirements contained in the provisions of Parts one to three of this Article and Part three of Article 58 of this Code.

6. An official observer from a party shall be entitled to:

1) be present, with due observance of the requirements of this Code, at the meetings of district and precinct election commissions in the respective territorial election district;

2) be present at the meetings of MP candidates or parties’ authorized persons with voters, at election campaign meetings, rallies;

3) be present at the election precincts during the voting, observe actions of the election commission members, in particular during the issuance of ballot papers to voters and vote counting without physically getting in the way of the election commission members;

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

5) be present during the voting at the place of voters’ stay;

6) address, in accordance with the procedure established by this Code, the election commissions within the respective territorial district with an application or a complaint seeking elimination of violations of this Code if any have been discovered;

7) draw a statement of discovery of violation of the requirements of this Code that shall be signed by him or her and by no less than two voters certifying the fact of such violation, with indication of their last names, first names, patronymic name, place and address of residence, and file it with the respective election commission or a court;

8) take necessary measures within the limits of legislation to stop illegal actions during the voting and vote counting at the election precinct;

9) receive copies of the protocols as well as other documents specified by this Code;

10) exercise other rights provided by this Code for official observers.

7. An official observer from a party may not:

1) interfere with the work of the election commission, perform actions violating the lawful course of the election process, or unlawfully prevent the election commission members from exercising their powers;

2) fill out a ballot paper for a voter (in particular upon his or her request);

3) be present during the filling out of a ballot paper by a voter in a polling booth (room) for secret voting or violate the secrecy of voting in any other way.

8. If an official observer from a party violates the requirements of Part seven of this Article, the election commission shall give him or her a warning. In the event of a repeat violation, or of a single instance of gross violation of the requirements of Part seven of this Article, the election commission may deprive him or her of the right to be present at its meeting in accordance with procedures provided for by Part 10 of Article 36 of this Code. An official observer may appeal such a decision in a court.

9. A party’s authorized person in the respective territorial or nationwide election district (authorized on the basis of the power of attorney issued to a party’s representative) may recall an official observer by filing a written statement of termination of his or her authority with the respective district election commission (or with the Central Election Commission, as regards an official observer in an out-of-country election district), and present the documents required for registration of another person as an official observer in the manner prescribed by this Article.

10. An official observer from a party shall be entitled to file with the district election commission (or with the Central Election Commission, as regards an official observer in the out-of-country election district) a statement of resignation. Based on such application, the district election commission or the Central Election Commission shall adopt a decision cancelling the registration of the official observer from the party and issue or send a copy thereof, accordingly, to a party’s authorized person in the respective territorial or nationwide election district.

11. In the event of cancellation of registration of all MP candidates included in the nationwide or respective regional electoral list of the party, powers of official observers from such a party in general, or in territorial election districts within respective electoral region, shall be considered terminated from the day of adoption of the decision on cancelling the registration of MP candidates.