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Article 69
 

Official Observers from Candidates to the Post of President of Ukraine and from Parties (Blocs) that Nominated a Candidate

1. A citizen of Ukraine who has the right to vote and is not a member of election commission may be an official observer from a candidate to the post of President of Ukraine or from the a party (bloc) that nominated a candidate who was registered by the Central Election Commission. A member of an election commission, an official or officer of bodies of the executive power and bodies of local self-government, servicemen from the rank or commanding staff of bodies of the interior of Ukraine or the Security Service of Ukraine, or a person who undergoes alternative (non-military) service may not be an official observer.

2. The territorial election commission shall register the official observer from a candidate to the post of President of Ukraine based on a submission by the proxy of the candidate in the respective election district signed by this proxy.

3. The territorial election commission shall register an official observer from a party (bloc) that nominated a candidate to the post of President of Ukraine based on a submission from respectively the republican party branch in the Autonomous Republic of Crimea, the oblast, the Kyiv city or the Sevastopol city party branch (branch of parties that are members of the bloc) that nominated the candidate, on the condition that these branches are registered in accordance with the procedure established by law, and it shall be signed by the head of the respective party branch (branch of the parties that are members of the bloc) and certified with the seal of this party branch (the seals of the respective branches of the parties that are members of the bloc).

4. The submission for registration of official observers shall contain their names, surnames and patronymics, their citizenship, place of residence and telephone numbers. A statement of consent of these persons to be official observers from the respective candidate or from the respective party (bloc) shall be attached to the submission.

5. The submission mentioned in parts three and four of this article for registering an observer from a candidate to the post of President of Ukraine or a party (bloc) that nominated a candidate, shall be submitted to the territorial election commission no later than five days prior to the elections.

6. The respective territorial commission shall no later than on the day following the receipt of the sub­mission issues the official observers a certificate according to the form established by the Cen­tral Election Commission.

7. The official observer shall be entitled:

1) to stay at polling stations during the vote and observe the actions of the commission members from any distance including when they issue election ballots to voters and count the votes without physically hindering the work of the commission members;

2) to make photos, films, and audio and video records;

3) to be present when the election ballots are being issued to members of the polling station election commission for organizing the vote for voters beyond the polling premises and during the conduct of such voting;

4) to be present, complying with the requirements of this Law, at sessions of polling station election commissions and territorial election commissions in the respective territorial election district, taking into account the provisions established in part nine of article 28 of this Law, including to be present during the counting of votes in the polling station and the determination of the results of the elections in the territorial election district;

5) to address the respective election commission with a complaint about violations of this Law in case such are detected;

6) to draw up acts on detected violations of this Law, which shall be signed by him/her and not less than two voters who certify the fact of this violation, indicating their surnames, names and patronymics and their addresses of place of residence, and to submit it to the respective election commission within the terms envisaged by article 94 of this Law;

7) to obtain copies of the protocols on the transfer of election ballots and on the count of votes as well as copies of other documents envisaged by this Law; and

8) to have other rights envisaged by this Law.

8. The official observer shall not have the right:

1) to unlawfully interfere in the work of an election commission or to take actions which impede the pace of the election process or hinder election commission members from exercising their powers;

2) to mark an election ballot on behalf of a voter (even if the voter should request so); and

3) to be present in the polling booth (room) for secret voting when a voter marks the ballot;

9. In case an official observer gravely or systematically violates the requirements of part eight of this article, the election commission may take a decision following the procedure envisaged by part eleven of Article 28 of this Law, to deprive him/her of the right to be present at the session of the election commission.

10. A governing body of the republican in the Autonomous Republic of Crimea, the oblast, the Kyiv city or Sevastopol city branch of a party (branches of parties that are members of a bloc), or a proxy of a candidate to the post of President of Ukraine on behalf of the candidate shall have the right to recall the official observer by way of addressing the respective territorial election commission with a written application for the termination of his/her powers, and to submit documents for the registration of another person in accordance with the procedure established by this Law.

11. The official observer shall have the right at any time to address the territorial election commission with a statement of termination of his/her powers. The territorial election commission shall based on such statement take a decision, a copy of which shall be given to the proxy of the candidate or sent to the respective branch of the party (bloc).