Home > 1. The principles of Europe's electoral heritage > UKRAINE - Law on Elections of the President
 
 
 
Download file    
 
 
Article 82
 

The Procedure for Receiving and Considering Documents of the Polling Station Election Commissions by the Territorial Election Commission

1. From the moment the vote has finished, the territorial election commission shall begin its session, which shall continue uninterrupted until the results of the vote in the territorial election district have been determined. Members of the territorial election commission may not during this time be engaged in carrying out other functions then to participate in the session of the commission.

2. The session of the territorial election commission, mentioned in part one of this article, shall keep a minutes protocol of the uninterrupted session, which shall be signed by the person chai­ring the session, the secretary of the commission or a member of the commission who carried out the responsibilities of the secretary at the aforementioned session. Dissenting opinions of members of the commission, who took part in the session and did not agree with the decisions taken by the commission, shall (if such exist) be attached to the protocol.

3. At the beginning of the session mentioned in part one of this article, the territorial election commission shall recount, invalidate and package unused election ballots, which until the day of elections inclusive have been kept in the premises of the territorial election commission. These activities shall be carried out in accordance with the procedure stipulated in part seven of article 78 of this law.

4. During its session, the territorial election commission shall receive, consider and announce the protocols of polling stations election commissions on the results of the vote in the respective election precinct, and as well receive the other documents of the polling station election commission, envisaged by part nine of article 79 of this law. The time when the territorial election commission received the protocol of the polling station election commission, the list of the received documents and the information contained in the protocol shall be noted in the minutes of the session of the territorial election commission.

5. When receiving the protocol on the count of the votes of voters in the election precinct in the respective election district from a polling station election commission, the territorial election commission shall announce the information recorded in it.

6. In case any corrections, errors or inaccuracies are revealed in the protocol of the polling station election commission on the count of the votes of voters in the election precinct, the territorial election commission may by its decision oblige the polling station election commission to make changes to this protocol according to the requirements of part six of article 79 of this law. During the time when the polling station election commission considers this matter, the copies submitted to the territorial election commission of the protocol on the count of the votes of voters in the election precinct and the documents attached to it shall be kept in the territorial election commission.

7. The polling station election commission shall be obliged within the term set by the territorial election commission to consider the issue on making changes to the protocol without recounting the ballots. A protocol marked "Corrected" shall be transported and submitted to the territorial election commission in accordance with the procedure established by article 81 of this law.

8. If there exist complaints, statements, respectively completed acts prepared by candidates, their proxies or official observers regarding violations of the requirement of this Law, which occurred during the conduct of the vote and (or) the count of the votes of voters in the election precinct that casts doubts about the results of the count of the votes of voters in this precinct, the territorial election commission may take a decision to conduct a recount of the votes of voters in the election precinct.

9. If there exists an act or written statement of the persons mentioned in part one of article 81 of this law regarding violations of the requirements of this law, which occurred during the transportation of the protocols on the count of the votes of voters in the election precinct and other documents to the territorial election commission, the territorial election commission may and, in the event of obvious signs that the packages containing documents were unsealed, shall be obliged to take a decision on recounting the votes of voters in this election precinct.

10. The protocols on the count of the votes of voters in the election precinct and other documents of the polling station election commission shall be kept in the session premises of the territorial election commission until the territorial election commission conducts the recount of the votes of voters in the election precinct.

11. A recount of the votes of voters in an election precinct shall be carried out by the territorial election commission, after it has considered and adopted the protocols and other documents from all other polling station election commissions, with the mandatory participation of the members of the polling station election commission, who shall hand over the election documentation. All members of this polling station election commission shall have the right to take part in the recount by the territorial election commission of the votes of voters in the election precinct, and candidates, their proxies and official observers may be present.

12. The territorial election commission shall in the event of a recount complete a protocol on the recount of the votes of voters in the respective election precinct according to the form established by the Central Election Commission.

13. The territorial election commission shall complete the protocols on recount of the votes of voters in the respective election precinct in a number of copies that exceeds the number of persons who are members of the territorial election commission by four. The copies of the protocols shall be enumerated and shall have equal legal force. These protocols shall be signed by the members of the territorial election commission and by the members of the polling station election commission, that took part in the vote recount, and they shall be verified with the seal of the territorial election commission. The information of the protocols shall be announced. Candidates, their proxies and official observers who were present during the count of the votes of voters shall have the right to sign the first copy of each protocol.

14. In case circumstances, specified in part one of article 80 of this law, or other circumstances, which makes it impossible to determine the results of the expressed will of voters in the election precinct with certainty, occur during the recount by the territorial election commission of the votes of voters in the respective election precinct, the territorial election commission may take a decision to declare the vote in that election precinct invalid. In this case, the protocol on the recount of the votes of voters in the election precinct shall be completed according to the procedure specified in part twelve and thirteen of this article, and it must only contain the information specified in clauses 1 to 6 respectively of part six of article 79 of this law.

15. The first copy of the protocols of the territorial election commission on the recount of the votes of voters in the respective election precinct, together with the respective protocol of the polling station election commission on the recount of the votes of voters in the election precinct and the decision of the territorial election commission to declare the voting in the election precinct invalid shall be attached to the respective protocol of the territorial election commission on results of the vote in the respective territorial election district. The secretary of the territorial election commission shall keep the second copy of the protocol of the territorial election commission on the recount of the votes of voters in the respective election precinct, the third copy shall be handed out to the polling station election commission, the forth copy shall immediately be posted for public familiarization in the premises of the territorial election commission, while the rest shall be distributed to the members of the territorial election commission, one copy to each. The information in the protocol of the territorial election commission on the recount of the votes of voters in the respective election precinct shall be announced.

16. Candidates to the post of President of Ukraine, their proxies and official observer, who were present during the recount of the votes, shall at their request immediately be issued the copies mentioned in this article of the protocol certified by the chairperson and the secretary of the territorial election commission and with the seal of the commission, in an amount of no more than one copy of each protocol per candidate and per official observer.