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Article 28
 

Organization of the Work of Election Commissions

1. The main form of work of the election commission shall be the session, which is called by the chairperson of the commission, in case of his/her absence, by the deputy chair, and in case both the chair and deputy are absent, by the secretary of the commission. The session can also be called on the request of one-third of its membership.

2. If necessary, the session of the election commission may be called by the decision of a higher - level election commission.

3. The first session of the election commission is shall be called no later than on the third working day after the day the commission was formed, and the following sessions - when necessary. In case the election commission is formed concurrently with the formation of the election precinct according to part ten of article 20 of this Law, the first session of the commission shall be called no later than on the following working day after the day of its formation.

4. The session of the election commission shall have legal authority provided that no less than two-thirds of its membership participates in it.

5. The session of the election commission shall be called with the mandatory notification of all its members about the time, place and agenda of the session.

6. As a rule, the members of the election commission shall be provided with drafts of the decisions of the commission and with necessary materials no later than one day prior to the day of holding the session of the commission.

7. The session of the election commission shall be conducted by its chairperson or his/her deputy; in case he/she fails to carry out this function, the commission at its session shall appoint from its membership a presiding officer.

8. Upon a request from three of its members, as well as upon a decision of a higher - level election commission, the election commission shall be obliged at its session to consider issues, within the limits of its authorities, within a three - days term, but no later than on the day of elections, and if on the day of elections, except for a polling station election commission, - immediately. The polling station election commission shall be obliged at its session to consider the appeals it has received on the day of elections or on the day of the repeat voting immediately after the end of the voting.

9. Members of higher - level election commissions, candidates to the post of President of Ukraine, their proxies, official observers from the candidates for the post of the President of Ukraine and, parties (blocs) - subjects of the election process (altogether not more than two persons from one candidate to the post of President, and the party (bloc) that nominated him/her), as well as official observers from foreign countries and international organizations, representatives of mass media (not more than two persons from one mass media entity) shall have the right to attend sessions of the election commission, including during the count of votes and the determination of the results of the vote, as well as to be present in the election precinct on the day of elections or on the day of repeat voting, in the premises where the voting is held, without obtaining a special consent or invitation from a respective commission.

10. Other persons, except for those specified in part nine of this article may only be present at the session of a commission with the consent or on the invitation of this commission which has to be adopted as a decision on a session of the commission. Presence in the polling station during the vote of other than the persons envisaged by part nine of this article shall be prohibited.

11. The election commission may adopt a motivated decision to deprive the persons mentioned in part nine of this article of the right to attend its session if they unlawfully hinder its conduct. Such a decision shall be made by two-thirds of its membership.

12. At its session, the election commission shall keep s minutes, which shall be signed by the chairperson and secretary of the commission (or by a person appointed at the session performing the duties of the secretary). The minutes of the session of the election commission shall be provided to members of the commission for their review no later than on the day following the day of the session.

13. A decision of a commission shall be adopted through open vote by a majority vote of the total commission membership, except for cases envisaged by this Law.

14. The decision of the election commission on a considered issue shall have the form of a written resolution which must contain the name of the commission; the title of the resolution; the date and place of its adoption and a sequence number; a motivation part including references to the circumstances that caused the issue to be considered at the session of the commission; references to specific provisions of normative and legislative acts or a resolution of a higher - level election commission, or court decisions, which the commission followed in the course of adopting the resolution; a decision part. The resolution shall be signed by the person presiding over the session and by the secretary of the commission (of the session). The commission may take protocol decisions on issues related to its everyday activity.

15. An election commission member, who participates in its session but nevertheless disagrees with the decision adopted by it, may express a dissenting opinion in written form, which shall be attached to the respective minutes of the session of the election commission.

16. No later than on the morning on the day following the day of a session, resolutions adopted by the election commission shall be posted on the stand for official materials of the commission which must be located in the premises of the commission, at a place that is freely accessible to all visitors, and shall also be brought to the knowledge of all persons concerned.

17. Decisions of the election commission adopted within the limits of its authorities shall have binding force. No one has the right to interfere with the activities of election commissions, except in cases envisaged by law.

18. A decision of an election commission that contradicts the legislation of Ukraine or has been adopted through abuse of its authorities may be cancelled by a n election commission of a higher level, or by a court. In such a case the election commission of a higher level has the right to take a decision on the merits of the issue.

19. Members of the territorial and polling station election commission shall have the right to accept documents, statements and complaints received by the respective commission. All documents, statements and complaints are subject to registration in territorial and polling station election commissions in accordance with the procedure established by the Central Election Commission.

20. In order to resolve organizational, legal, and technical issues connected with the execution of its authorities envisaged by this Law, an election commission may involve appropriate specialists or technical workers.

21. State executive bodies and bodies of local self-government, their officials and officers, as well as state-run enterprises, institutions and organizations shall be obliged to create the appropriate conditions necessary for election commissions to duly exercise their authorities.