Cancellation of Decision on Registration of a Candidate for Local Council, A Candidate for a Village, Settlement or City Mayor

1. The territorial election commission shall take a decision canceling the registration of a candidate for a village, settlement or city mayor; an individual candidate included in the party organization’s unified and territorial electoral lists (in the elections to the Verkhovna Rada of the Autonomous Republic of Crimea, candidates for oblast, rayon, rayons in the city, city, village or settlement councils (for territorial communities with 10,000 or more voters) with his or her exclusion from the corresponding electoral lists, about the cancellation of registration of the separate candidate in a multi-member constituency (territorial communities with up to 10,000 voters), in the case if:

1) no later than nineteen days prior to the day of voting, a candidate to the local council, a candidate for a village, settlement, or city mayor has submitted in person a statement withdrawing from the election notarized pursuant to the procedure established by the Law of Ukraine “About Notaries.”

2) no later than nineteen days prior to the day of voting, the relevant party organization has requested the cancellation of the decision on registration of candidate to the local council, a candidate for a village, settlement or city mayor based on a decision adopted in accordance with the party organization’s charter, which shall be appended to such an address and shall be signed by the party organization’s head and affixed with the party organization’s seal and in case of its absence - the seal of the organization of the party of the highest level or the seal of the party;

3) receipt of the information from the competent authority that confirms the fact of termination of citizenship of Ukraine as regards a candidate for local council, a candidate for a village, settlement or city mayor;

4) receipt of the information from the competent authority that confirms the fact of departure of a candidate for local council, a candidate for a village, settlement or city mayor abroad for permanent residence;

5) receipt from the court of a duly certified copy of a court judgment declaring a candidate for local council, a candidate for a village, settlement or city mayor incapacitated;

6) if a person nominated as a candidate for local council, candidate for the position of village, settlement, city mayor, has a criminal record for a serious or especially serious crime, a criminal offense against the suffrage of citizens or a criminal corruption offense, or a criminal offense against the foundations of the national security of Ukraine provided by Article 1111 of the Criminal Code of Ukraine, if this conviction is not expunged or removed by law order;

7) violation of the procedure for nominating a candidate for local council, candidate for the position of the village, settlement, city mayor established by part four of Article 216 of this Code, including failure of a candidate for local council, candidate for the position of the village, settlement, city mayor in accordance with this Code on confirmation of consent to run as a candidate for local council, candidate for the position of the village, settlement, city mayor from a party organization in case of detection of inclusion of this person in electoral lists, lists of candidates to the relevant council of several party organizations;

8) discovery of circumstances depriving a candidate for local council, a candidate for a village, settlement, or city mayor of the right to be elected a council member, a village, settlement, or city mayor.

In the event of receipt of applications provided for in clauses 1, 2 of this Part, the territorial election commission shall adopt a decision canceling the registration of a candidate for a village, settlement or city mayor, a local council candidate, excluding him or her from the party organization’s nationwide and regional electoral lists, within three days from the day of receipt of such applications, but no later than seventeen days prior to the day of voting.

In case of cancellation of the registration of a candidate for local council included in the unified and territorial electoral lists of a party organization, such a candidate shall be simultaneously excluded from the respective electoral lists. At the same time, the order (serial numbers in the relevant electoral lists) of other candidates does not change.

In the event of receipt of applications provided for in clauses 1, 2 of this Part less than nineteen days prior to the day of voting, the territorial election commission shall not consider such applications, and no decisions shall be taken thereon.

2. A decision on cancellation of registration of a candidate for local council, a candidate for a village, settlement or city mayor on the grounds specified in clauses 3-8 of Part one of this Article shall be adopted by a respective election commission no later than the third day following the day of receipt of the documents that establish the relevant facts or occurrence of respective circumstances.

The Territorial Election Commission may decide to cancel the registration of a candidate for the local council, candidate for the position of the village, settlement, city mayor not later than 18 days before the day of voting.

The territorial election commission shall consider the issue of cancellation of the registration of a local council candidate, a candidate for a village, settlement, or city mayor in the presence of such candidate and an authorized representative of the party organization in the territorial election commission. The aforementioned persons shall be notified of the time when the issue of canceling the registration of a candidate shall be considered no later than on the day prior to the day of the issue consideration. In the event of the absence of the aforementioned persons who have been duly notified of the time of the meeting for consideration of this issue, the territorial election commission shall consider the issue of canceling the registration of a candidate in the absence of these persons.

3. The territorial election commission shall present the party organization’s representative in the election commission or a candidate for local council, a candidate for a village, settlement or city mayor with a copy of the decision on cancellation of the registration of a candidate (candidates) no later than the next day after its adoption.

4. In the event of the death of a local council candidate, a candidate for a village, settlement or city mayor, the territorial election commission shall adopt a decision removing that candidate from the ballot, excluding him or her from the party organization’s unified and respective regional electoral lists, or a list of candidates to a respective council.

5. The decision on cancellation of the registration of a candidate (candidates) to the local council, or a candidate for a village, settlement or city mayor on a candidate’s withdrawal from the election, shall be posted on the official website of the respective election commission and on the stand for information materials of the election commission no later than on the next day following its adoption.

The decision to cancel the registration of a candidate (candidates) for local council, candidates for the position of the village, settlement and city mayor shall be immediately sent to the Central Election Commission in accordance with the procedure established by it.