Termination of the Authorities of the Election Commission and its Members
1. The authorities of a member of the Central Election Commission may be terminated according to the procedure established by the Constitution of Ukraine and the Law of Ukraine "On the Central Election Commission".
2. The authorities of territorial or polling station election commissions may be terminated before term by the election commission that formed such commission, either at its own initiative or on the basis of a court decision in case the commission has violated the Constitution of Ukraine, this and other laws of Ukraine.
3. The authorities of a member of a territorial or polling station election commission shall be terminated concurrently with the termination of the authorities of the respective election commission.
4. The authorities of a member of a territorial or polling station election commission shall be terminated before term by the election commission that formed such commission, in connection with:
1) a personal application of resignation from the commission member;
2) his/her withdrawal by the respective candidate to the post of President of Ukraine;
3) termination of his/her Ukrainian citizenship;
4) departure outside the territorial election district or the settlement for a period until the election day, which makes it impossible to perform his/her duties as member of the commission;
5) systematic failure to perform the duties laid on him/her, which must be acknowledged by no less than two decisions in this respect of the election commission of which such person is a member;
6) his/her registration as a candidate to the post of President of Ukraine, as a candidate for people's deputy of Ukraine, as a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, as a candidate for deputy of a local council, or as a candidate to the post of village, settlement or city mayor, provided such elections are held concurrently with the elections of the President of Ukraine;
7) his/her registration as a representative of a candidate to the post of President of Ukraine to the Central Election Commission, as a proxy of a candidate to the post of President of Ukraine, or as a proxy of a candidate for people's deputy of Ukraine or of a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, or of a candidate for deputy of a local council, or of a candidate to the post of village, settlement, or city mayors, provided such elections are held concurrently with the elections of the President of Ukraine;
8) his/her major or systematic violations of the legislation of Ukraine on elections, or a court decision or a decision of a higher-level election commission;
9) the coming into legal force of a court indictment against him/her for committing a premeditated crime;
10) his/her inclusion in another election commission of any level that prepares and conduct s the elections of the President of Ukraine, as well as elections of people's deputies of Ukraine; elections of deputies to the Verkhovna Rada of the Autonomous Republic of Crimea; elections of deputies to local councils, elections of village, settlement and city mayors, provided such elections are held concur rently with the elections of the President of Ukraine;
11) declaring him/her incapable or missing without trace;
12) his/her death or declaring him/her dead.
5. If the circumstances envisaged by clauses 1, 3, 6, 7, 9 to 12 of part four of this article occur, the authorities of the commission member (commission members) shall be terminated from the moment such circumstances occur or are revealed, and if those circumstances envisaged by clauses 2, 4, 5 and 8 of part four of this article occur - from the moment the decision on termination of the authorities of the commission member is adopted.
6. The election commission that terminated the authorities of an election commission or a member of the election commission before term, or which has revealed reasons for their authorities to be terminated, shall inform the respective proxy of the candidate to the post of President of Ukraine about this no later than the next day.
7. In case the authorities of an election commission are terminated before term, the respective election commission of a higher level no later than on the seventh day from the day of termination of the authorities of the commission, but not later than one day prior to the day of elections, shall approve a new composition of the commission in accordance with the procedure established by this Law.
8. In case the authorities of a member of an election commission are terminated before term, the respective election commission of a higher level, no later than on the seventh day from the day of termination of his/her authorities, but not later than one day prior to the day of elections, shall include another person into its membership to replace the one whose authorities have been terminated, in accordance with the procedure established by this Law. The subject of the election process, who proposed to include the person whose authorities have been terminated before term, into the membership of the commission has the first right to propose a candidacy for membership of the commission instead of the one, which was terminated. Such a proposal, if executed according to the requirements of this Law, may not be refused.
9. In the case the chairperson, the deputy chair, or the secretary of the election commission systematically fails to carry out his/her duties, the territorial or polling station election commission may apply to the election commission which formed it with a motivated decision requesting his/her (their) replacement, if no less than two - thirds of the members of the commission voted in support of such decision. This decision shall be subject to mandatory consideration within the terms specified in part seven of this article. Such decision shall not have the effect of terminating the authorities of the aforementioned persons as members of the respective election commission.
