Yushchenko appeals the law on Presidential elections
Ukrainian President Viktor Yushchenko appealed to the Constitutional Court with a proposal to declare unconstitutional certain provisions of the new law "On elections of the President. The grounds cited by the President are weak and should not effect the overall application of the new law.
Yushchenko pins much of his hopes in having the law thrown out on the basis of diminished rights of foreign voters. Foreign voters during the 2007 parliamentary election represented less then 0.05%. Bloc Yulia Tymoshenko received 8566 votes, Party of Regions 6939 votes and Our Ukraine-Peoples self defense 6598 votes. The inclusion of these votes is unlikely to effect the overall result of the election which will be decided by Ukraine's 25 million voters. The Constitutional Court can rule against the President or strike out the law in full or in part. Any decision to declare the law invalid would create a constitutional crisis and could jeopardise the holding of Presidential elections itself.
The arguments presented by the President are not sufficient enough to declare the elections unconstitutional, The President has not objected to the requirements for a higher deposit or the proposed 90 day official election campaign period.
The grounds of appeal cited list part 6 of article 2 of the new law, which provides the definition of residence in the consular registration for the realization of the right to vote in presidential elections, Part 6 of Article 23, Part 9 of Article 24, Part 9 of Article 31, Parts 4, 5, 9, Article 32, providing making changes to the electoral commissions, voter lists at polling stations on voting day, the decisions of electoral commissions.
The President has also requested the CCU to assess the provisions of paragraphs 1, 4 and 5 of Part 2 of Article 36 (1) as it relates to the preparation and update the voter lists at polling stations abroad on the principle host of citizens on consular registration. (i.e. in order to vote voters must be registered first with the consulate)
In addition, the rate of the first paragraph of Part 1, Part 2 and 5 of Article 56, which would eliminate the decision to cancel registration of a candidate for President of the supreme judicial body, and considers this decision to the exclusive powers of the Central Election Commission without adequate guarantees of judicial protection, and also the second paragraph of Part 4 of Article 79, paragraph two of Part 5 of Article 83, Part 7 of Article 84 and Parts 5 and 6 of Article 99.
Yushchenko pins much of his hopes in having the law thrown out on the basis of diminished rights of foreign voters. Foreign voters during the 2007 parliamentary election represented less then 0.05%. Bloc Yulia Tymoshenko received 8566 votes, Party of Regions 6939 votes and Our Ukraine-Peoples self defense 6598 votes. The inclusion of these votes is unlikely to effect the overall result of the election which will be decided by Ukraine's 25 million voters. The Constitutional Court can rule against the President or strike out the law in full or in part. Any decision to declare the law invalid would create a constitutional crisis and could jeopardise the holding of Presidential elections itself.
The arguments presented by the President are not sufficient enough to declare the elections unconstitutional, The President has not objected to the requirements for a higher deposit or the proposed 90 day official election campaign period.
The grounds of appeal cited list part 6 of article 2 of the new law, which provides the definition of residence in the consular registration for the realization of the right to vote in presidential elections, Part 6 of Article 23, Part 9 of Article 24, Part 9 of Article 31, Parts 4, 5, 9, Article 32, providing making changes to the electoral commissions, voter lists at polling stations on voting day, the decisions of electoral commissions.
The President has also requested the CCU to assess the provisions of paragraphs 1, 4 and 5 of Part 2 of Article 36 (1) as it relates to the preparation and update the voter lists at polling stations abroad on the principle host of citizens on consular registration. (i.e. in order to vote voters must be registered first with the consulate)
In addition, the rate of the first paragraph of Part 1, Part 2 and 5 of Article 56, which would eliminate the decision to cancel registration of a candidate for President of the supreme judicial body, and considers this decision to the exclusive powers of the Central Election Commission without adequate guarantees of judicial protection, and also the second paragraph of Part 4 of Article 79, paragraph two of Part 5 of Article 83, Part 7 of Article 84 and Parts 5 and 6 of Article 99.
Law On the Election of President of Ukraine
- Unofficial Translation -
.
(Bulletin of the Verkhovna Rada of Ukraine (VVR), 1999, N 14, st.81)
(As amended by the Law N 740-XIV (740-14) of 16.06.99, VVR, 1999, N 28, st.237 N 1021-XIV (1021-14) of 08.09.99, VVR, 1999, N 44, st.387 N 2171-III (2171-14) of 21.12.2000, VVR, 2001, N 9, st.38 N 662-IV (662-15) on 03.04.2003, VVR, 2003, N 27 , st.209 - enters into force 01.08.2003, N 762-IV (762-15) on 15.05.2003, VVR, 2003, N 30, st.247)
(In the wording of the Law N 1630-IV (1630-15) of 18.03.2004, VVR, 2004, N 20-21, st.291)
(Official interpretation of the Act, see. in the Constitutional Court N 3-rp/2005 (v003p710-05) dated 24.03.2005)
(From 01.10.2007 on the preparation and refinement of the voter, the law is in part that is not contrary to the law N 698-V (698-16) dated 22.02.2007 in accordance with paragraph 3 of Section VII of the Law N 698-V (698 -- 16) of 22.02.2007, VVR, 2007, N 20, st.282)
(On the unconstitutionality of certain provisions, see. Decision of the Constitutional Court N 10-rp/2009 (v010p710-09) dated 12.05.2009)
(As amended by the Law N 1254-VI (1254-17) of 14.04.2009, VVR, 2009, N 36-37, st.511 N 1616-VI (1616-17) dated 21.08.2009)
(The text of the Act the words "institution of criminal-executive system" in all cases been replaced by "institutions of punishment and detention facility" in a pronounced according to the Law N 1254-VI (1254-17) dated 14.04.2009)
(The text of the Act the words "the election committee in all cases and the numbers replaced by the words" election commission "in a pronounced and those under the Law N 1616-VI (1616-17) dated 21.08.2009)
Section I
TERMS
Article 1. Basic principles of presidential elections in Ukraine
1. President of Ukraine is elected by the citizens of Ukraine on the basis of universal, equal and direct suffrage by secret ballot.
2. The term of office of President of Ukraine is determined by the Constitution of Ukraine (254k/96-VR).
Article 2. Universal suffrage
1. Presidential elections in Ukraine are common. The right to vote in the presidential election in Ukraine are citizens of Ukraine, which on election day, eighteen years.
2. Document confirming citizenship of Ukraine are:
1) Passport of citizen of Ukraine;
2) passport of Ukraine for travel abroad;
3) diplomatic passport;
4) passport;
5) identification of the seaman;
6) Certificate of crew;
7) the military card for soldiers;
8) Temporary certificate of citizen of Ukraine;
9) card (certificate) penitentiary institutions and prison, which should include: surname, name, date, month and year of birth, citizenship, a photograph of the person signing the head and seal institutions - for those who are in penitentiary institutions and remand.
3. Citizens of Ukraine who have the right to vote may participate in the election commissions as their members, as well as in pre-election campaign, to observe the conduct of presidential elections in Ukraine and other events in the order determined by this and other laws of Ukraine.
4. Any direct or indirect privileges or restrictions on voting rights of citizens of Ukraine on the basis of race, color, political, religious and other beliefs, sex, ethnic or social origin, property status, place of residence, linguistic or other grounds prohibited. We do not allow limitations on citizens' participation in the electoral process, but the restrictions set by the Constitution of Ukraine (254k/96-VR) and this Law.
5. Nonvoting citizen, the court found her incompetent.
6. A citizen of Ukraine who reside or stay during the preparation and conduct of elections outside of Ukraine and is in the consular registration, exercise their right to vote in the presidential election in Ukraine.
(Part six of Article 2 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
7. Citizens of Ukraine who have the right to vote is the electorate.
Article 3. Equal Suffrage
1. Presidential elections in Ukraine are equal: citizens of Ukraine are taking part in elections on an equal basis.
2. Every citizen of Ukraine on elections of President of Ukraine has one vote. The voter can use their voice on election day at one polling station.
3. All candidates for the post of President of Ukraine have equal rights and opportunities to participate in the electoral process.
4. Equal rights and opportunities for participation in the electoral process provided:
1) the prohibition or restriction of privileges of the candidates for President of Ukraine on the basis of race, color, political, religious and other beliefs, sex, ethnic or social origin, property status, place of residence, linguistic or other characteristics;
2) a prohibition on interference by public bodies and local authorities in the electoral process, except as provided for in this Law;
3) prohibit the use of campaign financing for other funds, except the state budget of Ukraine and the election funds of candidates for the post of President of Ukraine.
Article 4. Direct suffrage
Presidential elections in Ukraine are direct. Citizens of Ukraine directly elected President of Ukraine.
Article 5. Voluntary participation in the elections
Participation of citizens of Ukraine in the presidential election in Ukraine is voluntary. Nobody can be forced to attend or take part in elections.
Article 6. Free elections
1. Presidential elections in Ukraine are free. Voters are provided with conditions for the formation of his free will and its free expression in the voting.
2. Violence, threats, deception, bribery or any other actions that interfere with the free formation and the free expression of voters will be prohibited.
3. Soldiers vote at regular polling places outside of places of deployment of military units, except as provided by this Law. To ensure the free expression of soldiers is given leave to vote no less than four hours.
Article 7. Balloting
Voting in the presidential election in Ukraine is a secret: control over the will of voters is prohibited.
Article 8. Individual voting
Each voter shall vote in the election of Ukraine's President personally. Voting for others, as well as to voters right to vote any other person is prohibited.
Article 9. The right to be elected
1. President of Ukraine may be elected a citizen of Ukraine, who reached on election day, thirty-five years, has the right to vote, the state language and has resided in Ukraine for the past ten years before election day.
2. Accommodation in Ukraine in this Law means:
1) residing in the territory within the state border of Ukraine;
2) stay on the ship, which is at sea under the State Flag of Ukraine
3) stay of citizens of Ukraine in the manner established by legislation on a business trip outside Ukraine, served in diplomatic and other official representations and consular institutions of Ukraine, international organizations and bodies;
4) stay at the polar stations of Ukraine;
5) Being a part of the formation of the Armed Forces of Ukraine, stationed outside Ukraine;
6) stay of citizens of Ukraine abroad under existing international treaties of Ukraine.
3. Accommodation in Ukraine in this Law includes accommodation with persons referred to in paragraph 3 of Part Two of this article, members of their families.
4. There can be nominated to the post of President of Ukraine citizen who has a criminal record for committing an intentional crime, if the record is not canceled and charged in the manner prescribed by law.
5. The same person may not be the President of Ukraine for more than two consecutive terms. A person who has been elected twice in succession to the post of President of Ukraine may not be nominated a candidate for this post.
6. A person whose credentials for the post of President of Ukraine were terminated prematurely according to the Constitution of Ukraine (254k/96-VR) can not be nominated a candidate for President of Ukraine in snap election scheduled in connection with the termination of the specified powers.
Article 10. The right to nominate the candidate for President of Ukraine
1. The right to nominate the candidate for President of Ukraine to the citizens of Ukraine who have the right to vote. This right is implemented them through political parties and electoral blocks (hereinafter - the parties (blocks), and self in the manner prescribed by this Law.
2. Party (bloc) may nominate only one candidate for President of Ukraine.
Article 11. Electoral process
1. The election process - it is the implementation of the entities defined in Article 12 of this Law, the election procedures provided by this Law.
2. The election process is based on:
1) rule of law and prohibition of unlawful interference against anyone in the process;
2) political pluralism and multi;
3) publicity and transparency of the electoral process;
4) the equality of all candidates for President of Ukraine;
5) equality of the parties (blocks) - the subjects of the electoral process;
6) freedom of election campaigning, equal opportunities of the candidates for President of Ukraine to the media;
7) the impartiality of the executive authorities, local governments, enterprises, institutions, and organizations, their leaders, other officials and officers to the candidates for President of Ukraine, the parties (blocks).
3. Begin election process is determined by the terms established by the Constitution of Ukraine (254k/96-VR) and this Law.
4. The election process includes the following steps:
1) the formation of territorial constituencies;
2) establishment of polling stations;
3) formation of district and precinct election commissions;
4) compiling lists of voters to review and refinement;
5) the nomination and registration of candidates;
6) the election campaign;
7) vote on election day the President of Ukraine;
8) count the votes and the tabulation and results of presidential elections in Ukraine.
5. If necessary, the electoral process may also include the following stages:
1) re-vote;
2) count the votes and set up repeat vote and the results of presidential elections in Ukraine.
6. Stages, provided the fifth part of this article occur only in cases stipulated by this Law.
7. The election process ends with the official announcement of the Central Election Commission the results of presidential elections in Ukraine or the official publication of the submission to the Central Election Commission to the Verkhovna Rada of Ukraine on a repeat presidential election in Ukraine.
Article 12. Election process
Election process are:
1) the voter;
2) election commissions formed in accordance with this Law and the Law of Ukraine "On Central Election Commission (733/97-VR);
3) Candidates for the post of President of Ukraine, registered in the manner prescribed by this Law;
4) parties (blocs), which nominated the candidates for President of Ukraine;
5) authorized representatives, proxies, official observers from parties (blocs) - the subjects of the electoral process and the candidates for President of Ukraine.
Article 13. Publicity and transparency of the electoral process
1. Preparation and holding presidential elections in Ukraine are carried out publicly and openly.
2. To ensure publicity and transparency of the electoral process, electoral commission under its authority:
1) make public information about its composition, location and mode of operation, the formation of territorial constituencies and polling stations on time and place of voting on fundamental rights of voters, including the right to appeal against illegal decisions, actions or inactivity of election commissions, bodies executive authorities and local governments, enterprises, institutions and organizations, their leaders, other officials and officers who violate or restrict the voting rights;
2) provide an opportunity to familiarize citizens with voter lists, information about the candidates for President of Ukraine, the election programs of candidates for the post of President of Ukraine, on the order of filling the ballot;
(Paragraph 2 of Article 13 of the second amended according to Law N 1616-VI (1616-17) dated 21.08.2009)
3) make public the outcome of the vote and the results of presidential elections in Ukraine;
4) provide other information in the cases stipulated by this Law.
3. Decisions of electoral commissions are disclosed to the public through print media or, if impossible, shall be published in any other way.
4. The media are obliged to objectively cover the electoral process. Their representatives are guaranteed unfettered access to all public events related to elections, and meetings of election commissions and polling stations on election day and the day of repeat voting - on the conditions stipulated in Article 28 of the ninth of this Law. Election commissions, authorities, local governments, officials and officers of these bodies are obliged, within their authority and competence to provide media representatives the information they need to prepare and conduct elections.
5. Election Commission of diplomatic and other foreign missions of Ukraine in the States, where a significant number of voters, ensure publication in the local media information about time and place of voting and the location of polling stations. The list of such states is determined by the Central Election Commission.
Article 14. Legislation on elections of President of Ukraine
Preparation and conduct of presidential elections in Ukraine are regulated by the Constitution of Ukraine (254k/96-VR), this Law, the Law of Ukraine "On Central Election Commission (733/97-VR), other laws of Ukraine, Verkhovna Rada of Ukraine on the appointment of presidential elections in Ukraine, and other legislative acts adopted in accordance with this Law.
Section II
Order and timing of appointments
AND ELECTION OF PRESIDENT OF UKRAINE
AND ELECTION OF PRESIDENT OF UKRAINE
Article 15. Types of presidential elections in Ukraine
1. Presidential elections in Ukraine may be ordinary, extraordinary and repeated.
2. Regular elections of the President of Ukraine held in connection with the end of the constitutional term of office of President of Ukraine.
3. Extraordinary Ukraine presidential elections held in connection with early termination of the President of Ukraine in the cases stipulated by the Constitution of Ukraine (254k/96-VR).
4. Re-election of President of Ukraine conducted in the following cases:
1) if the election ballot paper was included in no more than two candidates for the post of President of Ukraine and none of them were not elected;
2) if all the candidates for President of Ukraine, included in the ballot to election day or day of repeat voting withdrew.
Article 16. Procedure for Election of President of Ukraine
1. Election of the President of Ukraine appointed by the Verkhovna Rada of Ukraine. On the Election of the President of Ukraine Verkhovna Rada of Ukraine adopts the decision.
2. Verkhovna Rada of Ukraine adopts the decision to appoint ordinary or extraordinary presidential elections in Ukraine on the grounds specified in the Constitution of Ukraine (254k/96-VR) and this Law.
3. Verkhovna Rada of Ukraine adopts resolution on a repeat presidential election in Ukraine on the basis of submission to the Central Election Commission.
Article 17. Terms of appointment and election
(The provisions of Article 17 of the void, as such, deemed to be unconstitutional on the basis of the Constitutional Court N 10-rp/2009 (v010p710-09) dated 12.05.2009)
1. Regular elections of the President of Ukraine held the last Sunday of October in the fifth year of office of President of Ukraine.
2. Parliament of Ukraine appoints the next election of the President of Ukraine no later than ninety days before election day. Verkhovna Rada of Ukraine shall ensure publication of the decision on the appointment of the next presidential elections in Ukraine in the media. (Part Two of Article 17 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
3. The election process next presidential elections in Ukraine begins ninety days before election day.
(Part three of Article 17 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
4. Extraordinary Ukraine presidential elections held last Sunday dev'yanostodennoho days from the day:
1) the President of Ukraine personally his resignation at a meeting of the Verkhovna Rada of Ukraine;
2) publication of the decision of the Verkhovna Rada of Ukraine is impossible to confirm the President of Ukraine of their powers for health reasons;
3) publication of the decision of the Verkhovna Rada of Ukraine on the removal of the President of Ukraine from office by impeachment;
4) the adoption of the Verkhovna Rada of Ukraine on the appointment of early parliamentary elections in connection with the death of the President of Ukraine.
5. Resolution of the Verkhovna Rada of Ukraine on appointment of early presidential elections in Ukraine in the cases stipulated in paragraphs 1.3 of Part Four of this Article shall be adopted according to the President of Ukraine on the statements referred to in paragraph 1 of Part Four of this article, decisions imposed by paragraphs 2, 3 parts fourth of this article.
6. The election process early presidential elections in Ukraine begins from the day following the day referred to in paragraphs 1-4 of the fourth of this article.
7. Repeated Ukraine presidential elections held last Sunday dev'yanostodennoho date of the adoption of the Verkhovna Rada of Ukraine on the appointment of re-election.
8. Resolution of the Verkhovna Rada of Ukraine on a repeat election shall not later than on the fifteenth day after making the Verkhovna Rada of Ukraine the corresponding representation of the Central Election Commission.
9. The election process re-election of President of Ukraine begins the day after the official publication of the Verkhovna Rada of Ukraine on appointment.
Article 18. Procedure for calculating the timing
1. All terms defined in this Act, calculated in calendar days.
2. Deadline first day, which according to the law should begin in connection with a certain event is the day following the occurrence of specified events of the day.
3. The last day of term, which according to the law should end in connection with the occurrence of certain events, a day before the day specified events.
Section III
Territorial organization of elections
PRESIDENT OF UKRAINE
PRESIDENT OF UKRAINE
Article 19. Electoral Districts
1. Presidential elections in Ukraine are conducted by a single national single-member constituency, which includes the entire territory of Ukraine.
2. For the election of the territory of Ukraine is divided into 225 election districts. The number of such districts in the Autonomous Republic of Crimea, cities Kyiv and Sevastopol are determined by the Central Election Commission with their administrative and territorial structure and the number of voters on the basis of central executive authority on statistics. Territorial electoral district includes one or more regions, cities, districts in cities.
3. Decision on the establishment of territorial election districts adopted by the Central Election Commission no later than eighty-three days before the election. Territorial constituencies created by the Central Election Commission with approximately equal number of voters in each constituency in the territory of Ukraine for proposals under the Supreme Council of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city councils including administrative and territorial structure. The estimated number of voters in the constituency, the number of territorial boundaries and centers constituencies defines the Central Election Commission.
(Part three of Article 19 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
4. Decision on establishment of the territorial electoral districts published by the Central Election Commission in the newspapers "Voice of Ukraine" and "Governmental Courier" in three days from the date of its acceptance of an appropriate solution and placed on the official website of the Central Election Commission. Excerpts from the decision on the formation of territorial electoral districts published by the Central Election Commission in the regional print media in seven days from the date of such decision. The number of lifts, referred to in this Article shall be equal to the number of regions identified in part two of Article 133 of the Constitution of Ukraine.
(Part four of Article 19 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
5. Foreign constituency consists of all the foreign polling stations formed in accordance with Article 20 of this Law.
(Article 19 completed the fifth part in accordance with the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 20. The polling stations
1. For the voting and counting in the presidential election in Ukraine, the territory of villages, cities, districts in cities that are part of the territorial election district divided into polling stations.
2. The polling stations are divided into regular, special and overseas.
3. Ordinary polling stations formed to organize voters to vote for their place of residence.
4. Special polling stations created in fixed hospitals, on ships, which are on election day at sea under the State flag of Ukraine at the polar stations of Ukraine, in penitentiary institutions and remand, and other places of temporary residence of voters with limited mobility. As an exception, the special polling stations can be established by the Central Election Commission for submission of the relevant district election commission in the military units (formations) located far from settlements.
5. Overseas polling formed at diplomatic and other official missions and consular offices of Ukraine abroad, in military units (formations) stationed outside Ukraine.
6. Ordinary polling district election commissions are formed on the submission of the executive committees of village, township, city (cities, where there are no district councils), district councils in cities and in the absence of such bodies - the proposal in accordance with village, township, city mayors, district heads in city councils or officials according to law exercise their authority. These representations shall be made not later than sixty days before election day. District Election Commission's decision determines the boundaries of each ordinary polling station and a list of houses that belong to it, as well as the location of the polling station commission.
(Part six of Article 20 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
7. Special polling district election commissions are formed at the location of the relevant institutions or agencies or at the place of registry of the vessel or the polar station.
8. Overseas polling stations formed the Central Election Commission for submission by the Ministry of Foreign Affairs of Ukraine. Overseas polling are separate electoral districts.
9. The polling stations will occur with the number of voters from fifty to three thousand people. The polling stations in size divided into:
1) small - with an estimated number of voters from 50 to 500 persons;
2) average - with an estimated number of voters from 500 to 1500 people;
3) large - with an estimated number of voters from 1500 to 3000 people.
If the respective territory, in an appropriate institution or facility, there are less or more than the specified number of voters and their (or surplus) can not be attributed to another polling place or impossible to establish additional polling stations in the area, in the relevant institution or institutions, polling can be formed with a smaller or larger number of voters.
(Part ninth in the wording of article 20 of Law N 1616-VI (1616-17) dated 21.08.2009)
10. The polling stations will occur no later than thirty-eight days before election day. In exceptional cases, special or foreign polling stations may be formed by the Central Election Commission no later than seven days before election day for the submission of the relevant district election commission or the Ministry of Foreign Affairs of Ukraine.
(Tenth Part of Article 20 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
11. District Election Commission's decision establishes a uniform numbering of polling stations within the territorial election district, and provides suggestions to the Central Election Commission to issue a polling station in case of formation of the special polling station in accordance with the fourth and tenth parts of this article.
12. Solutions district election commission on the establishment of polling stations with their numbers, limits, approximate number of voters, the location of polling station commissions shall be published in the print media no later than the fifth day after this decision. In the case of special education or overseas polling station in accordance with the tenth part of this article, the decision of Central Election Commission published in the same manner no later than five days before election day.
Section IV
ELECTORAL COMMISSION
Article 21. The system of election commissions
1. Presidential elections in Ukraine organizes:
1) The Central Election Commission;
2) the district election commission;
3) precinct election commissions.
2. The powers of election commissions to prepare and conduct presidential elections in Ukraine subject:
1) Central Election Commission - the whole territory of Ukraine;
2) district election commission - the territory of the respective territorial electoral district;
3) the polling station commission - the territory of the polling station.
3. Central Election Commission also exercises authority district election commission in the separate constituency.
Article 22. Status of election commissions
1. Electoral Commission is the special collegial government agencies authorized to organize the preparation and holding of presidential elections in Ukraine and to ensure full and equal respect for the law of Ukraine on the presidential elections in Ukraine.
2. Status of the Central Election Commission is determined by the Constitution of Ukraine (254k/96-VR), the Law of Ukraine "On Central Election Commission (733/97-VR), this and other laws. Central Election Commission headed by the system of election commissions that organize the preparation and holding of presidential elections in Ukraine, and a higher commission on all county and precinct election commissions provided for in this Law.
3. Status of district and precinct election commissions shall be determined by this Law.
4. County election commission is a legal entity. County election commission is the Commission for all senior district electoral commissions in the respective territorial electoral district for the presidential elections in Ukraine.
5. The local election commission is not a legal entity. The local election commission are subject to proper electoral process, has the right to appeal within its authority to state and local governments, enterprises, institutions and organizations, their officials and officers. The local election commission has its own seal, which was adopted like the Central Election Commission.
Article 23. Formation of the Central Election Commission and district election commissions
1. Central Election Commission formed under the Constitution of Ukraine (254k/96-VR) and the Law of Ukraine "On Central Election Commission (733/97-VR).
2. District election committee formed by the Central Election Commission no later than fifty days before the election within the head, the deputy chairman, secretary and other members of the commission in an amount not less than twelve persons.
(Part Two of Article 23 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
3. Filing for candidates to the District Election Commissions (two persons in one of the election commission of a candidate) made candidates for the post of President of Ukraine, registered in the Central Election Commission. Filing for candidates to the district election commissions paid to the Central Election Commission no later than fifty four days before the election, signed by the candidate for President of Ukraine or its authorized representative in the Central Election Commission.
The presentation of the District Election Commissions shall be approved by the Central Election Commission no later than sixty-six days before election day. In view shall include:
1) the name and patronymic of the person;
2) date of birth;
3) nationality;
4) place of residence and address of the person's dwelling, and its contact numbers;
5) Knowledge of the state language;
6) education;
7) place of employment and position occupied by the person;
8) Experience of participation in electoral commissions;
9), the appropriate education or training;
10) position in the committee, which proposed the candidature.
To view the attached statements of persons proposed to the relevant district election commissions, the consent to participate in its work. Nominations to the district election commission may be refused on the grounds violation of parts of the third, sixth, seventh this article, part three of Article 29 of this Law.
(Part three of Article 23 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
4. Technical and clerical errors, admitted in a view, not a reason to reject the nominations made. On detection of such inconsistencies SKETCH and the Central Election Commission reported immediately in accordance with the presidential candidate of Ukraine or its authorized representative in the Central Election Commission the right to vote. These and clerical errors can be corrected by making representations regarding proximate respective nominations no later than the day following the date of receipt subject to the submission of nominations to the district election commission said the message. If not specified submission received within the prescribed period of time that nominations are rejected.
(Part four of Article 23 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
5. In the event that the prescribed part three of this article was not received in time for the filing of the district election commission or the amount proposed to the Election Commission of less than ten persons, the district election commission formed by the Central Election Commission for submission to the President in the number of nine persons with mandatory subject of nominations submitted by the candidates for President of Ukraine, made according to part three of this article.
(Part Five of Article 23 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
6. The composition of district election commission may include citizens of Ukraine who have the right to vote and reside within the relevant regional district or city in which such district is located. A person may simultaneously be a member of only one election commission.
7. The composition of district election commission can not enter candidates for the post of President of Ukraine, their authorized representatives, authorized representatives, officials and officers of state and local governments, and citizens detained in penitentiary institutions and remand or have a criminal record for committing an intentional crime, if the record is or expunged in the manner prescribed by law. In case simultaneously with the elections of President of Ukraine are other elections to the Election Commission can not enter candidates who balotuyutsya these elections, their proxies, authorized persons of parties (blocs) - subjects relevant electoral processes.
8. Each subject of nominations to the county election commission is entitled to a proportionate share of the presidency, Vice-President and Secretary of district election commissions. The shares of such positions for each subject of the Central Election Commission shall be determined according to the number of people included in the relevant subject to the district election commissions in relation to the total number of persons included in the district election commissions.
(Part eight of article 23 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
9. Chairman, vice-chairman and secretary of the district election commission can not be representatives of one of the subject filing.
(Part ninth in the wording of Article 23 of Law N 1616-VI (1616-17) dated 21.08.2009)
10. Secretary of the district election commission should have the national language.
11. Decision on establishment of district election commission and its composition and decisions about changes in its composition, taken in accordance with this Law shall be published in the media in the regions not later than the third day after their adoption.
Article 24. Formation of district election commissions
1. The local election committee is formed the corresponding district election commission no later than twenty-six days before election day within chairman, deputy chairman, secretary and other members of the commission in an amount not less than twelve persons.
2. Law nominations to the polling station commissions (two persons in one of the election commission from each candidate) of ordinary polling stations, as well as special polling stations established in fixed medical establishments penitentiary system, are candidates for the Presidency of Ukraine. Filing of nominations to the polling station commissions paid to the district election commission no later than thirty-four days before the election, signed by a trustee candidate for President of Ukraine in the state or the territorial constituency, certified head corresponding district election commission.
3. The local election commission special polling station, formed on the vessel, which is election day at sea under the State flag of Ukraine, at polar stations of Ukraine, formed by the district election commission at the place of registry of the vessel, the polar station on the submission master of the vessel, the head of the station, which can be sent communications technology within the period specified in part two of this article.
4. The local election commission of overseas polling station formed by the Central Election Commission for submission of the subjects identified by the third paragraph of Article 23 hereof, if any, and the submission of the Ministry of Foreign Affairs of Ukraine. These representations are made within the period specified in part two of this article. Each subject of the specified part three of Article 23 of this Law, may submit one candidate to serve in each polling station commission overseas polling station. Ministry of Foreign Affairs of Ukraine submits the nominations to serve in each polling station commission overseas polling station in such quantity, to ensure the formation of each committee within the specified first part of this article.
5. In the case of the formation of a special polling station in exceptional cases under the tenth article 20 of this Law polling station commissions formed by the Central Election Commission simultaneously with the formation of a polling station on the submission of district election commissions. On the preparation of a submission to the Central Election Commission on the establishment of special polling station election commission shall notify persons identified in part two of this article, and offers in terms defined by the district election commission to make representations regarding nominations to the polling station election commission in the manner prescribed by this article.
6. The presentation of the polling station commission approved the Central Election Commission no later than seventy days before the election. In view shall include:
1) the name and patronymic of the person;
2) date of birth;
3) nationality;
4) place of residence and address of the person's dwelling, and its contact numbers;
5) Knowledge of the state language;
6) education;
7) place of employment and position occupied by the person;
8) Experience of participation in electoral commissions;
9), the appropriate education or training;
10) position in the committee, which proposed the candidature.
To view the attached statements of persons proposed to the respective polling station commission, on agreeing to participate in its work. Nominations to the precinct election commission may be refused on the grounds violation of the sixth, ninth, tenth of this article, part three of Article 29 of this Law.
7. Technical and clerical errors, admitted in a view, not a reason to reject the nominations made. On detection of such inconsistencies SKETCH and immediately said: The Central Election Commission (in respect of nominations to the polling station commission overseas polling station) - the authorized representative of the candidate for President of Ukraine to the Central Election Commission the right to vote, election commission (on ordinary polling stations, as well as special polling stations established in fixed medical establishments of the penitentiary) - trustee candidate for the post of President of Ukraine in the territorial constituency. These and clerical errors can be corrected by making representations regarding proximate respective nominations no later than the day following the date of receipt subject to the submission of nominations to the polling station election commission said the message. If not specified submission received within the prescribed period of time that nominations are rejected.
8. In the event that the prescribed part two of this article was not received in time for the filing of the precinct election commission or the amount proposed to the Election Commission of less than ten persons, polling station commissions formed by the district election committee on the submission of its chairman in the number of nine persons, with compulsory subject for all candidates submitted by the candidates for President of Ukraine. Nominations to the polling station commission, in this case can be offered to head district election commission by other members of this committee.
9. The local election commission may include voters who reside within the relevant regional district or city in which such district is located. The voter can simultaneously be a member of only one election commission.
10. The local election commission can not enter candidates for the post of President of Ukraine, their authorized representatives, authorized representatives, officials and officers of state and local governments, and citizens detained in penitentiary institutions and remand or have a criminal record for committing an intentional crime, if the record is or expunged in the manner prescribed by law. In case simultaneously with the elections of President of Ukraine are other elections of the precinct election commission may not include candidates who balotuyutsya these elections, their proxies, authorized persons of parties (blocs) - subjects relevant electoral processes.
11. Agents submit proposals (except the Ministry of Foreign Affairs of Ukraine) are eligible for the prorated share of the presidency, Vice-President and Secretary of the polling station commission. The shares of such positions for each subject making a submission to the territorial limits of each district are determined by the relevant district election commissions (for the polling stations - the Central Election Commission) according to the number of persons included on such a subject to the local election commissions in relation to the total number of persons included in the polling station commissions. A person included on the precinct election commission overseas polling station on the submission of the Ministry of Foreign Affairs of Ukraine, may be appointed to a leadership position within the Commission only if there are no candidates for this position from candidates for the post of President of Ukraine.
12. Chairman, vice-chairman and secretary of the polling station election commission can not be representatives of one of the subject filing.
13. Secretary of the polling station election commission should have the national language.
14. Decision on establishment of polling station election commission and its composition and decisions about changes in its composition, taken in accordance with this Law shall be published in the media in the regions not later than the third day after their adoption.
(Article 24 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 25. Powers of the Central Election Commission
1. Powers of the Central Electoral Commission to organize the preparation and holding of presidential elections in Ukraine are determined by the Law of Ukraine "On Central Election Commission (733/97-VR), this and other laws.
2. Central Election Commission, except the powers determined by the Law of Ukraine "On Central Election Commission (733/97-VR):
1) adopt mandatory for use by election commissions clarification on the implementation of this law, organizational and methodological support their activities;
2) convene, if necessary, on its own initiative meeting lower-level election commissions;
3) control of election commissions of the State Budget of Ukraine for assistance to conduct inspections of employees of relevant state bodies;
4) establishes the rules and list of necessary equipment, inventory, requirements for such equipment and procedures for its storage space requirements for voting, and a list of services provided by the Election Commission;
5) stop the movement of funds in the accounts of election commissions in the banks after the expiration of the term of office of election commission or in case of violation of the estimated-fiscal discipline, makes decisions on transfer balances to the Central Election Commission for further use for the purposes of the election campaign;
6) register candidates for President of Ukraine, authorized representatives of candidates;
7) provides the manufacturing and distribution channels for national television and radio programs for voter information explaining the principles and procedures of elections, their role in society and state, voting procedures, rights and responsibilities of voters, the mechanisms of enforcement of legislation the election of the President of Ukraine;
8) decides pursuant to this and other laws of Ukraine, the use of media for electioneering;
9) provides the manufacturing of pre-election posters of candidates;
10) exercises control over revenues and use of the personal election funds of candidates, to attract appropriate audit the State Tax Administration of Ukraine, as well as banking institutions, which open its accounts;
11) provides centralized production of ballots of the sample record form electoral commissions on the counting of votes and the establishment of voting results, other election documents; Item 11 (second part of Article 25 as amended by the Law N 1616-VI (1616-17) from 21.08 .2009)
12) in the three months following the official publication of election results sent to the Accounting Chamber report on the use of the State Budget of Ukraine allocated for the preparation and holding of presidential elections in Ukraine;
13) exercises other powers according to this and other laws of Ukraine.
Article 26. Powers and district election commission
1. District Election Commission to organize the preparation and holding of presidential elections in Ukraine:
1) supervises the compliance with the law on presidential elections in Ukraine;
2) creates a polling establishes uniform numbering of polling stations, defines the boundaries of each polling station;
3) forms a precinct election commissions;
4) directs the activities of local election commissions;
5) convene, if necessary, on its own initiative, meeting the polling station election commissions;
6) provides legal, organizational, methodological, technical assistance to local election commissions and organizes training their members on the organization of the electoral process;
7) the procedure established by the Central Election Commission decides on the issues of distribution and use of local election commissions, control of polling station commissions facilities, transport, communications, within its competence, considers and decides on other matters of logistics for elections;
8) control of the lists of voters and submitting them for public review; sends the lists of polling station commissions;
9) Promote, together with relevant executive authorities and local self-government meetings of candidates with voters;
10) provides the transfer of the district election commissions established by the ballot design, manufacture and supply of other forms of documentation in accordance with this Law; Item 10 (first part of Article 26 as amended by the Law N 1616-VI (1616-17) of 21.08.2009 )
11) determines the outcome of the vote in a territorial constituency, the protocol on the outcome of the vote and sends it to the Central Election Commission;
12) recognizes the vote at a polling station invalid in the cases stipulated by this Law;
13) provides a re-vote in accordance with the decision of the Central Election Commission to repeat voting in the presidential election in Ukraine, as well as for re-election pursuant to this Act;
14) records of official observers from the Ukraine presidential candidates and parties (blocs) in the territorial district;
15) provides the production of seals, stamps and sends them to local election commissions;
16) considers within its authority appeals, statements and complaints about the organization and conduct of elections within the territorial election district and appeals, claims and complaints on the decisions and actions or inaction of local election commissions and take decisions on them;
17) hear information of district election commissions, local authorities and local authorities on the preparation and holding of presidential elections in Ukraine;
18) provide the deposit to the respective state archival institutions and other election documents in the manner prescribed by the Central Election Commission;
19) exercises other powers according to this and other laws of Ukraine.
2. Powers of district election commissions start from the day following the day the decision on their movements, and ends fifteen days after the official announcement of the Central Election Commission the results of presidential elections in Ukraine.
(Part Two of Article 26 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 27. Powers of the polling station election commission
1. The local electoral commission to organize the preparation and holding of presidential elections in Ukraine:
1) monitors compliance and uniform application of laws on elections of President of Ukraine;
2) receives a list of voters from the district election commission a list of voters in the cases stipulated by this Act, specify a list of electors, submit it for public review and in cases stipulated by this law makes changes to it;
3) creates conditions for familiarizing voters with information about all candidates, their election programs, as well as decisions of the Central Election Commission, the relevant district election commissions, their decisions and reports;
4) advance one's hands or sends an invitation to voters registered and the dates of elections office address for voting, since the beginning and the end of voting, the number of voters in the list of voters;
5) providing training facilities for voting and ballot boxes;
6) makes the decision of the Central Election Commission in the cases stipulated by this Act, amendments to the ballot;
7) organize a vote at a polling station;
8) the counting of the votes cast at the polling station, the protocol on the outcome of the vote and sends it to the relevant district election commission;
9) declare invalid the vote at a polling station in the cases provided for in Article 80 of this Law;
10) considers the appeal application and appeal for amending the list of voters, organizing and conducting voting and counting of votes at a polling station and within their powers to accept their decision;
11) exercises other powers according to this and other laws of Ukraine.
2. Powers of district election commissions start from the day following the day the decision on their movements, and ends fifteen days after the official announcement of the Central Election Commission the results of presidential elections in Ukraine.
(Part Two of Article 27 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 28. Organization of work of election commissions
1. The main form of the election commission is meeting to be convened by the chairman of the commission, in his absence - Deputy Chairman, and in the absence of chairman and his deputy - secretary of the commission. The meeting was also convened by the election commission at the request of one third of the commission.
2. If necessary, the election commission meeting may be convened by a senior election commission.
3. First meeting convened by the Election Commission no later than the third day after its formation, and the next - if necessary. In the case of formation of the election commission simultaneously with the formation of a polling station in accordance with Part 20 of the tenth article of the Law Commission convened the first meeting no later than the day following the date of its formation.
4. Election Commission meeting is valid if it involved no less than two-thirds of the commission.
5. The meeting was convened by the election commission with the mandatory notification of all committee members the time, venue of the meeting and its agenda.
6. Members of the Election Commission provided policy-making committee and the necessary materials, normally not later than one day before the commission meeting.
7. The meeting is the election commission chairman or his deputy in case of their failure to function of this committee determines the composition of his presiding at the meeting.
8. Electoral Commission at the request of three members of the commission from its membership, as well as by a senior election commission is obliged to consider at its meeting on matters relating to its authority, not later than in three days, but no later than election day and the day elections, but polling station election commission - immediately. The local election commission is obliged to consider at its meeting on appeal, which came to her on election day or day of repeat voting, immediately after the vote.
9. At meetings of the Election Commission, including during the vote count and setting the results of voting at a polling station on election day or day of repeat voting in the building where voting is held, are entitled to be present without permission or invitation of the respective committee members only higher-level election commissions , the candidates for President of Ukraine, their authorized persons, official observers from the candidates for President of Ukraine, the parties (blocks) - the subjects of the electoral process (with no more than two persons from one candidate to the post of President of Ukraine and the party (bloc), which nominated him), as well as official observers from foreign states and international organizations, media representatives (not more than two persons from one media).
10. Others also mentioned in the ninth part of this article may attend the meeting of the committee only with the permission or invitation of the Committee, on which the decision of the Commission meeting. Stay at a polling station during voting persons not covered part of the ninth of this article are permitted.
11. The Electoral Commission may take a motivated decision on the disqualification presence of the persons mentioned in the ninth and tenth parts of this article, if they wrongfully impede its realization.
(Part eleven of article 28 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
12. At the meeting, the election commission is a protocol, signed by presiding at the meeting and the secretary of the commission (or the Acting Secretary, which is determined at the meeting). Minutes of the meeting committee members for review provided by the commission not later than the next commission meeting.
13. Electoral Commission decision taken by open voting majority of the commission. As election day and during the re-vote, when counting of votes, as well as tabulation in the territorial election district election commission decision adopted by a majority vote of commission members present.
(Part of the thirteenth article 28 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
14. Electoral Commission decision on the issue under consideration in writing issued in the form of regulations, which must contain: the name of the commission, name resolution, the date and place of its adoption and serial number, the motivation part, with reference to the circumstances that led to the consideration of the Commission meeting, references to specific provisions regulations or rulings of the election commission or a higher level court decisions that guided the Commission in making decisions; operative part. Resolution signed by presiding at the meeting and the secretary of the commission (meeting). For the current activities of the Commission may make a decision protocol.
15. Member of the Electoral Commission, which participates in the meetings and do not agree with the decision of the commission is entitled to express in writing a dissenting opinion, which is attached to the minutes of the relevant election commission.
16. Resolutions adopted by the Election Commission no later than the morning the day after the Commission meeting are posted on the official stand of the materials the commission, which is equipped at the Commission in a place freely accessible to visitors and brought to the attention of interested persons.
17. Electoral Commission decision taken within its powers, are obligatory. Nobody has the right to interfere in the activities of election commissions, except as provided by law.
18. Electoral Commission decision that contradicts the laws of Ukraine or taken in excess of its powers may be revoked senior election commission or the court. In this case, higher-level election commission has the right to decide on the merits.
19. Documents, statements and complaints received by the district and precinct election commissions have the right to appropriate members of the Electoral Commission. All documents, statements and complaints recorded in the county and precinct election commissions in the manner prescribed by the Central Election Commission.
20. For organizational, legal and technical support of the powers conferred by this Act, the electoral commission may involve relevant experts and technical personnel.
21. State authorities, local governments and their officials and officers, as well as state enterprises, institutions and organizations are obliged to create adequate conditions for the election commissions of their powers.
22. Acts and protocols of election commissions are composed in the cases stipulated by this law, approved by the Central Election Commission, and the number of copies prescribed by this Law. Commission Act or the protocol signed by all present at the meeting, members of election commission, whose signature seal of the election commission. The first copy of the Act or Protocol are eligible to sign present at the meeting of presidential candidates in Ukraine, their authorized representatives, authorized representatives of candidates in the Ukraine Central Election Commission, official observers.
(Article 28 amended part of the twenty-second under the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 29. Status of members of election commissions
1. Status of members of the Central Election Commission is determined by the Law of Ukraine "On Central Election Commission (733/97-VR) and this Law.
2. Status member district and precinct election commissions shall be determined by this Law.
3. The voter may comprise only one election commission that is preparing and holding presidential elections in Ukraine, as well as the election of deputies of Ukraine, elections of deputies to the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils and village, township, if elections are held simultaneously Election of President of Ukraine.
4. According to the Electoral Commission, Election Commission approved a higher level, the chairman, vice-chairman, secretary or other members of district election commissions (total of no more than four persons), the polling station commissions (total of not more than three people) throughout the period of office of Election Commission or part of this period can perform its powers in the election commission to pay their work in the Commission under Article 40 of this Law. These people at this period are exempt from execution or production duties on the main job of maintaining an appropriate length.
5. The election commission has the right:
1) participate in preparation for being made to the Electoral Commission;
2) statements in the election commission put the other participants questions about the agenda, make proposals on issues within the competence of the Commission;
3) on behalf of the relevant election commission to check the activities of lower level election commissions;
4) freely acquainted with the documents of the election commission, whose member he is, and lower level election commissions in the respective territory;
5) for damage to his life, health or property in connection with the performance of duties as a member of the election commission, the procedure and amount set by law.
6. The election committee shall:
1) abide by the Constitution of Ukraine (254k/96-VR), this and other laws of Ukraine on preparation and holding of elections;
2) participate in meetings of election commissions;
3) implement the decisions of the election commission and the responsibilities entrusted to it by their distribution in the commission.
7. The election commission has different rights and obligations under this and other laws of Ukraine.
8. The election commission during the execution of their duties may not campaign for or against candidates for the post of President of Ukraine and publicly evaluate the activities of the candidates for President of Ukraine and the parties (blocks) - the subjects of the electoral process.
Article 30. Termination of office of election commission and election commission member
1. Authority member of the Central Election Commission may be terminated in the manner prescribed by the Constitution of Ukraine (254k/96-VR) and the Law of Ukraine "On Central Election Commission (733/97-VR).
2. Powers of the ring, the polling station commission be terminated Election Commission that it has established, on its own initiative or under a court decision in case of violation of the Constitution Commission of Ukraine (254k/96-VR), this and other laws of Ukraine.
3. Authority member ring, the polling station commission terminates simultaneously with the termination of the relevant election commission.
4. Authority member ring, the polling station commission are terminated Election Commission that it has established in connection with:
1) personal statement about the composition of the commission member;
2) to recall the appropriate candidate for the post of President of Ukraine;
3) the termination of his citizenship of Ukraine;
4) his departure until the election beyond the territorial election district or locality, which entails inability to serve as a member of the commission;
5) the systematic failure of the assigned duties, certified at least two solutions to this issue of the election commission, which includes the person;
6) registration of its candidate for President of Ukraine, as well as the candidate for people's deputies of Ukraine, candidate for deputies of the Parliament of the Autonomous Republic of Crimea, candidates or local council candidate for village, the mayor, if those elections are held simultaneously with elections President of Ukraine;
7) registration of its agent, the candidate for President of Ukraine Central Election Commission, trustee candidate for President of Ukraine, as well as the proxy candidate in deputies of Ukraine, or a candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, a candidate for parliament or local council candidate post village, the mayor, if those elections are held simultaneously with the elections of President of Ukraine;
8) systematic or flagrant violation of the laws of Ukraine on elections, established a court decision or a senior election commission;
9) entry into legal force him to court verdict of guilty for committing an intentional crime;
10) Entering it to another election commission at any level, which provides training and conduct of presidential elections in Ukraine, as well as the election of deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils and village, township, if the election conducted simultaneously with the elections of President of Ukraine;
11) recognition of his incompetent or missing;
12) his death or declaration of his dead.
5. If there are circumstances under paragraphs 1, 3, 6, 7, 9-12 part four of this article, a member of the Commission powers suspended since the occurrence or discovery of such circumstances and conditions imposed by paragraphs 2, 4, 5, 8 part four of this article - since the decision on termination of commission members.
6. The Electoral Commission, which earlier suspended the credentials of the election commission, election commission member or found grounds for termination of their office no later than the following day notify the appropriate entity making nominations or authorized or authorized person.
(Part six of Article 30 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
7. In the event of early termination of the respective electoral commission electoral commission higher level no later than the seventh day after termination of the commission, but no later than one day before the election commission approves the new composition in the manner prescribed by this Law.
8. In the event of early termination of the relevant election commission member Election Commission senior no later than the seventh day after termination of his office, but no later than one day before the election, including its structure instead of the other person, whose mandate terminated in procedure established by this Law. Election process, the submission by the commission included the person whose mandate terminated, has the priority right for submission of nominations for inclusion in the composition of the electoral commission to replace the retired. This presentation, made in accordance with this Law, may not be refused.
9. In the case of a systematic failure by the Chairman or Deputy Chairman or Secretary of assigned duties or circuit polling station commissions may apply to the Electoral Commission, which it formed, with a reasoned decision on his (their) replacement if it is voted by two thirds of Commission members present. This decision is subject to mandatory consideration in the periods specified in the seventh part of this article. This decision does not entail termination of these persons as member of the Electoral Commission.
(Part ninth article 30 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
Section V
Voter Lists
Article 31. Drawing up preliminary lists of electors for the ordinary polling stations
1. To prepare and conduct the vote after the polling stations organs of the State Register of voters for each ordinary polling station, formed in the territory in which the subject authority of the State Register of voters, based on information public registry of voters is a preliminary list of voters.
2. Preliminary voter lists up in the form established by the Central Election Commission, two copies on paper. Each sheet of the list of voters signed heads of the State Register of voters, the signature is certified by the seal of the body.
3. To the previous list of voters at polling stations included citizens of Ukraine, which celebrated or on election day the age of eighteen years old and eligible to vote, and election address which according to the data of the State register of electors relating to that polling station. The voter can be included in the list of voters at one polling station.
4. The preliminary list of voters shall indicate the name, proper name (all proper names), surname (if any) of the voter, birth date, address of the electoral vote, which is determined according to the Law of Ukraine "On State Register of Voters" (698-16). List is sequentially numbered and the numbering of the voters lists. Voters are included in the list so that information about voters with identical homes were located nearby.
5. The preliminary list of voters opposite the names of voters are not always able to move independently, make the appropriate mark in the "Notes".
6. Authority of the State Register of Voters no later than thirty days before election day passes preliminary voter lists in two copies on paper the relevant district election commissions for their meetings. On the transfer of these lists of voters is an act in form and in accord with the twenty-second part of Article 28 of this Law. One copy shall be stored in the body of the State Register of voters, the other - in a district election commission.
7. If the election commission thirty days prior to election day has not received a list of voters at a regular polling place, she appealed to the court inaction of the State Register in the manner prescribed by this Law.
8. District Election Commission no later than twenty days before the election sends a copy of the preliminary list of electors corresponding polling station election commission usual polling station. The second copy is kept in the district election commission. On behalf of the precinct election commission voter lists receiving at least three members of the commission, one of whom shall be chairman, and in case of failure - the deputy chairman or secretary of the commission. On the transfer of polling station election commission voter list is in form and act in accord with the twenty-second part of Article 28 of this Law, in duplicate.
9. Not later than thirty days before the election process, the Central Election Commission certified broadcasts digitally signed electronic copy of the database state register of voters factions and candidates for the post of President of Ukraine - immediately after they are registered by the Central Election Commission.
(Article 31 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 32. Procedure for review of the preliminary voters list of voters at a regular polling place and appeal impropriety in voter list
1. The local election commission usual polling station the next day after receiving the provisional list of voters provided for public review it at the polling station commission.
2. The local election commission usual polling station sends or delivers to another way of personal invitation to every voter who reports for inclusion in the provisional list of voters appropriate polling station, the address of the polling station commission, her phone number and timetable, as well as the time and place of voting. Voters in respect of which the list of voters is a mark of continuing inability to move independently, both reported that they will be given the opportunity to vote for the seat. Such written notice shall be sent not later than fifteen days before election day.
3. Every citizen has the right to see a list of voters at the appropriate precinct election commission and verify that made him the information. A citizen has the right to appeal to the appropriate precinct or district election commission or directly to the authority of the State Register of Voters or the court at the location of the polling station on the approved list prior to the preparation of voter irregularity, including the omission, incorrect inclusion or exclusion from the list of voters of his or others and on the presence or absence of marks on a permanent inability to move independently of the voter.
4. Citizen personally complaining to the precinct or district election commission or agency of the State Register of voters on the circumstances under part three of this article. Complaint form stipulated in Article 95 hereof (without specifying the subject of appeal), immediately considered the relevant election commission or the appropriate authority of the State Register of voters and election day in the manner prescribed by this Law.
5. Complaint referred to in part four of this article may be filed not later than one hour to vote.
6. Petition for clarification of the list of voters may be submitted to the court at the location of the polling station no later than one hour to vote.
7. If necessary, the court in considering a complaint may contact the appropriate authority of the State Register of voters asking for clarification of information about the voter.
8. The Electoral Commission, which showed irregularity in the provisional list of voters, decide on the treatment of these reasons to the relevant authorities of the State Register of Voters to clarify information in the preliminary list of voters.
9. Authority of the State Register of Voters provides voter complaints in the manner prescribed by law, and on election day - without delay.
10. The results of the Complaints Review Body of the State Register of voters said the appropriate district and precinct election commissions.
(Article 32 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
(Article 33 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
Article 34. Order clarifying the provisional list of voters at a regular polling place
1. Not later than six days before election day to the authority of the State Register of voters in the form established by the Central Election Commission, provides information agencies, institutions, agencies, stipulated in part two - seven of this article.
2. Head of the relevant district (city district in the city) authority of the Ministry of Internal Affairs of Ukraine provides information about:
1) citizens of Ukraine, registered residence in the respective administrative-territorial unit, which after the last day of the period for which it provided to the authority of the State Register of voters required by law the information age on election day or the age of eighteen years;
2) persons who, after the last day of the period for which it provided to the authority of the State Register of voters required by law the information acquired the citizenship of Ukraine and obtained a temporary certificate of citizen of Ukraine or the passport of Ukraine;
3) voters, who after the last day of the period for which it provided to the authority of the State Register of voters required by law information, changed the registration of residence within the respective administrative-territorial unit;
4) voters, who after the last day of the period for which it provided to the authority of the State Register of voters required by law information, registered his residence in the respective administrative-territorial unit;
5) voters, who after the last day of the period for which it provided to the authority of the State Register of voters required by law information taken from the residence registration in the respective administrative-territorial units;
6) persons, whose citizenship of Ukraine stopped after the last day of the period for which it provided to the authority of the State Register of voters required by law information.
3. Head of the relevant district (city district in the city) authority of the Ministry of Justice of Ukraine provides information about:
1) voters who lived in the territory, and died the day after the last period for which it provided to the authority of the State Register of Voters statutory information (which confirmed the death certificate was issued);
2) voters who after the last day of the period for which it provided to the authority of the State Register of voters required by law information, changed the family name, last name, date or place of birth.
4. Commanders of military units (formations) stationed within the respective administrative-territorial unit, provides information about:
1) Voters - soldiers, who after the last day of the period for which it provided to the authority of the State Register of voters required by law the information came to the service in the military unit (formation);
2) other voters, who after the last day of the period for which it provided to the authority of the State Register of voters required by law the information came to live in the deployment of the military unit (formation);
3) voters (including soldiers) that after the last day of the period for which it provided to the authority of the State Register of voters required by law information, dropped from the territory of deployment of this military unit (formation).
5. Head of the relevant district (city district in the city) authority guardianship provides information about:
1) voters who after the last day of the period for which it provided to the authority of the State Register of Voters statutory statements were admissible in court as incapable, as a result for them was set up ward;
2) persons on the day after the last period for which it provided to the authority of the State Register of voters required by law the information was lifted decision on recognition of disability as a result for them was terminated ward.
6. Leader of the relevant local authority of the State Department of Ukraine on Punishment Execution provides information about:
1) voters who after the last day of the period for which it provided to the authority of the State Register of voters required by law the information came to the sentence to institutions located within the respective administrative-territorial unit;
2) voters who vidbuvaly punishment in institutions located within the respective administrative-territorial unit, and after the last day of the period for which it provided to the authority of the State Register of voters required by law information eliminated from these institutions.
7. Leader located within the respective administrative-territorial units of the specialized institutions, which, according to the law makes registration of homeless people, provides information about:
1) voters who after the last day of the period for which it provided to the authority of the State Register of voters required by law the information registered by the legal address of the institution;
2) voters who after the last day of the period for which it provided to the authority of the State Register of voters required by law information taken from registration under the legal address of the institution.
8. Information stipulated in part two - seven of this article shall be submitted electronically and on paper in a list, which is sequentially numbered entries and sequentially numbered pages. Reliability of information on each sheet shall be certified by signature of the head of the body, institution, commander of the military unit (formation), which is sealed.
9. District Election Commission in conjunction with the inclusion of citizens of Ukraine to the local election commission decided to include the list of voters at each polling ordinary member of the precinct election commission, which included lists of voters for their election at other polling stations. The decision provided the appropriate polling station commissions. The same decision, the district election commission said agencies of the State Register of voters, whose powers are distributed in the territories where these members of polling station commissions were included in the voter lists, the inclusion of the relevant list of voters in this constituency.
Authority of the State Register of voters who received such a report made to the database state register of voters for the respective service marks of voters who will not vote for their election addresses in relation to their inclusion in the lists of voters in other precincts.
On changes in the election commission election commission immediately notify the appropriate authorities of the State Register of voters.
10. Authority of the State Register of Voters for the consequences of citizens' complaints, inspections of appeals of election commissions, court decisions, and based on submissions provided by parts of the second - seventh this article, and posts of district election commissions for the inclusion of citizens of Ukraine to the list of voters in other precincts in accordance with of the ninth of this article clarifies the preliminary list of voters at a regular polling place and produces a revised list of voters.
11. Updated voter lists are made according to the second part - the fifth article 31 of this Act, include graphs for voters' signatures for a ballot paper and transferred to district election commission no later than three days before the election in the manner provided by the sixth article 31 of this Law.
12. District Election Commission immediately, but no later than two days before election day, sends updated lists of voters in the usual polling places appropriate local election commissions in the manner established part of the eighth article 31 of this Law.
(Article 34 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 35. Procedure for amending the refined list of voters on a regular polling place
1. Modifications to the refined list of voters at a regular polling place is chairman, deputy chairman and secretary of the polling station commission.
2. Changes to the refined list of voters at a regular polling place are made on the basis of:
1) the court's decision, taken under the sixth article 32 of this Law;
2) The district election commission, adopted pursuant to Article 34 of the ninth of this Law;
3) a message body of the State Register of voters to eliminate the multiple inclusion of the voter in the list of voters at this polling station;
4) The decision of the polling station election commission.
3. When making changes to the refined list of voters on the grounds specified in the second part of this article, the decision of the polling station commission is not accepted.
4. Chairman, vice-chairman and secretary of the polling station election commission to make changes in the refined list of voters immediately after the polling station election commission documents mentioned in part two of this article, no later than two days before election day and election day in the manner prescribed by this Law .
5. When you enable the voter to the list of voters at a polling station in order amendments to the refined list of voters information about him provided a form of list of voters, made at the end of the list of voters according to the documents that were the basis for inclusion in the voter list of voters. Thus in the "Notes" shall indicate the date and number of decisions of the ring or the polling station election commission or the date the court decision on the inclusion of the voter to the voter list.
6. Exclusion from the list of voters who wrongly included him, carried out by crossing out that the certified record Excluded and signed by chairman and secretary of the polling station election commission in the "Notes". Thus in this column next to the name of the voter indicates the date and number of decisions of the ring or precinct election commission, the date of the court's decision to remove voters from the voter list or message body of the State Register of voters, as stipulated in ninth article 34 of this Law.
7. About changes to the list of voters based on court The local election commission shall immediately notify the appropriate authority of the State Register of voters.
In the event of multiple inclusion of the voter to another polling agency of the State Register of Voters, which has received such notice, immediately notify the appropriate precinct election commission.
8. Chairman, vice-chairman and secretary of the precinct election commission on voting day correcting clerical and technical errors in the refined list of voters - misspelling the surname, name and patronymic, date of birth, house number, apartment accommodation - in the case, despite the technical clerical is clear that the list made it to the voter who came to the polling station to vote. Such corrections shall be certified by the signatures of chairman, deputy chairman and secretary of the polling station election commission in the "Notes".
(Article 35 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 36. Drawing up and clarify voter at special polling stations
1. At the special polling stations (except for fixed stations in hospitals) the lists are composed not later than fifteen days before election day appropriate local election commissions in the form specified in Article 31 of this Law, based on information submitted by the heads of relevant institutions established, the captains of ships, commanders of military units (formations), which formed following the polls.
2. At the special polling stations established in fixed hospitals, the lists are composed not later than seven days before election day appropriate local election commissions in the form specified in Article 31 of this Law, based on information submitted by the heads of relevant institutions. Voters who should leave the medical facility before election day, the presentation and the list of voters at this polling station are not included.
3. The information listed in the first and second parts of this article shall be submitted in one copy signed by the head of the relevant institution, the captain of the vessel, the commander of the military unit (formation) and attested by the appropriate stamp. Head of the relevant institution, Captain, commander of the military unit (formation) provides representation and accuracy of these data polling station election commission no later than sixteen days, the head stationary medical institutions - not later than nine days before election day.
4. The local election commission special polling station the day after renouncing the list of voters gives him one copy for public review at the polling station commission.
5. A citizen has the right to appeal to the polling station commission, or directly to the court at the location of the polling station on the circumstances under the third paragraph of Article 32 of this Law.
6. Citizen personally complaining to the polling station election commission in the form stipulated in Article 95 hereof (without specifying the subject of appeal), which is considered at the next Commission meeting, usually in the presence of the subject addresses the complaint. About the time the next meeting of the commission addresses the subject of complaint said committee member who received the complaint.
7. Complaint referred to in the sixth part of this article may be submitted to the appropriate precinct election commission not later than five days before election day. Such a complaint is considered by the Commission within two days. Following the consideration of the complaint The local election committee shall decide on amending the list of voters or reasoned decision to deny the complaint. A copy of the appeal decision is issued subject to appeal on the day of its adoption. Complaint, filed in the Election Commission after the deadline will not be considered.
8. Petition for clarification of the list of voters may be submitted to the court in the manner provided for the sixth article 32 of this Law.
9. After renouncing the list of voters at a special polling station polling station commissions immediately transmits the information included on the list of voters the relevant authorities of the State Register of voters for election addresses of voters.
Contents list of voters at a polling station, formed on the vessel, which is at sea under the State flag of Ukraine, or the polar stations of Ukraine, can be transmitted through communications technology.
10. If voters come to a stationary clinic later than ten days before election day, but earlier than three days before election day, the same polling station commissions specifies the list of voters, including voters in the list of voters based on information submitted by the appropriate manager immediately institution, the signature is certified by the seal of the respective institutions. On "voter to voter list immediately notified the appropriate authority of the State Register of voters at this election voters.
11. Voter who went to medical school in the same locality where he resides may apply to the election commission usual polling station where he was included in the list of voters for the opportunity to vote in the place of his stay in order and within the terms stipulated in Article 77 of this Law. In this case, the list of voters at a special polling station is not included.
12. In the case of the formation of a special polling station in exceptional cases under the tenth article 20 of this Law, the list of voters is the polling station commission no later than seven days before the election on the basis of information submitted by the head of the respective institution, captain, commander of the military unit ( formation). Such information shall be submitted no later than eight days before election day in one copy signed by the head of institution, the captain of the vessel, the commander of the military unit (formation) and attested by the appropriate stamp. After renouncing the list of voters at such polling station polling station commissions immediately transmits information about the voters included in this list, the relevant authorities of the State Register of voters at the residence of voters. Electoral Commission section formed on the vessel, which is at sea under the State flag of Ukraine, or the polar stations of Ukraine, can transmit the content list of voters by using communications technology.
13. Electoral Commission of the special polling station in amending the list of voters immediately notify the appropriate authority of the State Register of voters for election at the voter about his inclusion in the list of voters or exclusion from the list of voters.
14. Members of the polling station commission special polling stations included in the list of voters at this polling station on the basis of solution of the corresponding district election commission in accordance with Article 34 of this Law.
(Article 36 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 36-1. Drawing up and clarify voter lists at polling stations abroad
1. After the formation of polling stations authority of the State Register of voters in the Ministry of Foreign Affairs of Ukraine on the basis of information public registry of voters is provisional list of voters for each overseas polling station in the form approved under the second part of Article 31 of this Law. These lists are transferred to paper by the Ministry of Foreign Affairs of Ukraine to the appropriate local election commissions not later than twenty-two days before the election. Each sheet of the list of voters signed heads of the State Register of voters in the Ministry of Foreign Affairs of Ukraine, whose signature is certified by the appropriate stamp.
2. Not later than six days before election day to the authority of the State Register of voters in the Ministry of Foreign Affairs of Ukraine in the form established by the Central Election Commission, heads of diplomatic or consular missions of Ukraine provides information about:
1) citizens of Ukraine who are consular registration, which day after the last period for which it provided to the authority of the State Register of voters required by law the information age on election day or the age of eighteen years;
2) persons who, after the last day of the period for which it provided to the authority of the State Register of voters required by law the information acquired the citizenship of Ukraine and obtained a temporary certificate of citizen of Ukraine or the passport of Ukraine;
3) persons whose citizenship of Ukraine stopped after the last day of the period for which it provided to the authority of the State Register of Voters statutory information;
4) the citizens of Ukraine - the voters that after the last day of the period for which it provided to the authority of the State Register of Voters statutory statements were consular registration in the appropriate consular district;
5) citizens of Ukraine - the voters that after the last day of the period for which it provided to the authority of the State Register of voters required by law information taken from the consular registration in the appropriate consular district;
6) the citizens of Ukraine - the voters who at this time is the military units (formations) of Ukraine, stationed outside Ukraine in the territory.
3. The local election commission of overseas polling station the next day after receiving the list of voters gives him one copy for public review at the polling station commission.
4. Familiarize citizens with a list of voters overseas polling carried out in accordance with Article 32 of this Law. The name of the invitation, which reported the inclusion of the voter to the list of voters in the relevant overseas polling station, the address of the polling station commission, her phone number and timetable, as well as the time and place of voting, Election Commission, voters sent overseas polling station no later than p ' Five days before election day.
5. Every citizen can file a complaint about inaccuracy in the voter list on overseas polling station to polling station election commissions related to the procedure established under the fourth and fifth parts of Article 32 of this Law.
6. In the case of education overseas polling station in exceptional cases under the tenth article 20 of this Law, the list of voters is the polling station commission no later than seven days before the election on the basis of information submitted by the head of a formal mission or consular office of Ukraine, the commander of the military unit ( formation). Such information shall be submitted no later than eight days before election day in one copy signed by the head offices, institutions, commander of the military unit (formation) and attested by the appropriate stamp.
7. Electoral Commission of overseas polling station when you turn to the list of voters according to the sixth article of the said technical means of communication the Central Election Commission and relevant authorities of the State Register of voters for election addresses of voters not later than the day following completion of the lists of voters in the respective election section or after the inclusion of the voter to the voter list for inclusion in the list of voters of such persons and on their election addresses.
8. On the basis of information on voters provided by part six of this article, the relevant bodies of the State Register of voters exercise specification of voter lists at polling stations for these voters.
9. Updated voter lists are transferred authority of the State Register of voters in the Ministry of Foreign Affairs of Ukraine, the district election commissions not later than three days before the election.
10. Modifications to the refined list of voters at the polling place by a foreign president, vice-chairman and secretary of the Election Commission.
11. Changes to the list of voters at polling overseas made the decision of the polling station commission, adopted pursuant to Part 34 of the ninth article of the law.
12. Chairman, vice-chairman and secretary of the polling station commission shall amend the list of voters immediately after the commission meeting, which was a decision referred to in Article 34 of the ninth of this Law.
(Act amended Article 36-1 according to the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 36-2. List of voters for the re -
1. For the repeat voting no later than the eleventh day of the elections produced a new copy of the list of voters according to the form, taking into account corrections made to it in the manner prescribed by the Central Election Commission.
2. Lists of voters for the re-made bodies of the State Register of voters and election commissions are transmitted in the manner prescribed by this Law.
3. The list of voters for re-vote on ordinary polling stations additionally includes a person who turns eighteen years to the day of repeat voting inclusive and permanently residing in the territory of the polling station.
4. The local election commission receives from the district election commission and submit a list of voters for re-voting for general guidance no later than seven days prior to the re-vote. Refine the list is in the order established by this Law
(Act amended Article 36-2 according to the Law N 1616-VI (1616-17) dated 21.08.2009)
Section VI
Financial and logistical support
TRAINING AND ELECTION OF PRESIDENT OF UKRAINE
TRAINING AND ELECTION OF PRESIDENT OF UKRAINE
Article 37. Financing of the Presidential elections in Ukraine
1. The costs of preparation and conduct of presidential elections in Ukraine are carried out exclusively by the state budget of Ukraine and the election funds of candidates for the post of President of Ukraine.
2. Candidate for President of Ukraine, registered by the Central Election Commission, to finance the election campaign must create his election fund, formed in the manner prescribed by this Law.
Article 38. Financial support of the preparation and conduct of presidential elections in Ukraine at the expense of the State Budget of Ukraine
1. Financial support of the preparation and conduct of presidential elections in Ukraine at the expense of the State Budget of Ukraine by the Central Election Commission, which is the main administrator of these funds.
2. Funds for the preparation and holding of presidential elections in Ukraine on the submission of the Central Election Commission provides a separate line in the law of the State Budget of Ukraine.
3. The costs of preparation and conduct of presidential elections in Ukraine, including the printing of informational posters of candidates for the post of President of Ukraine, the publication in the media of their election programs, paid broadcasting time on radio and television, conducted by the Central Election Commission and district election commissions in accordance with approved Central Election Commission expenditure within the funds provided for the preparation and conduct of elections in the State Budget of Ukraine.
4. Funds for the preparation and holding of presidential elections in Ukraine, the State Budget of Ukraine transferred to the Central Election Commission within three days after the beginning of the electoral process.
5. Central Election Commission approved average rate of spending district election commission and the average rate of spending for the needs of local election commissions, which shall include, inter alia, the cost of property lease (rent) of polling commissions and payment for the use of logistics and and labor members of the committee.
6. County election commission within ten days after its formation, based on average expenditure norms is the only expenditure for the preparation and conduct of elections to include it's own costs and expenses for the needs of local election commissions of the territorial district. One estimate of expenditure approved by the Central Election Commission.
7. Financing of election commissions shall be as prescribed by the Central Election Commission together with the Ministry of Finance of Ukraine.
8. District Election Commission shall not later than within seven days after the official publication of results of presidential elections in Ukraine will not return used it to prepare and conduct the election funds of the State Budget of Ukraine to the Central Election Commission. State Treasury of Ukraine in three days to inform the Central Election Commission to return those funds to its account.
9. District Election Commission p'yatnadtsyatydennyy days after the official announcement of election results and submit to the Central Election Commission financial report on receipt and use of the State Budget of Ukraine for the preparation and holding of presidential elections in Ukraine in the manner prescribed by the Central Election Commission, approved by the Central Election Commission and the State Treasury of Ukraine.
10. Monitor and correct use of trust funds of the State Budget of Ukraine allocated for the preparation and conduct of presidential elections in Ukraine, by the Central Election Commission and relevant government control and auditing services in the manner prescribed by the Central Election Commission together with the Ministry of Finance of Ukraine.
11. Compensation payable district election commissions after termination of their powers under incomplete financing of presidential elections in Ukraine within the funds of the State Budget of Ukraine for the preparation and conduct of elections, provided by the Cabinet of Ministers of Ukraine before the end of next financial year.
Article 39. Logistical preparation and holding of presidential elections in Ukraine
1. The executive and local governments, their officials and officers are obliged to contribute to election commissions in the implementation of their authority: provide them with the necessary facilities in accordance with standards established by this Law and adopted pursuant to it acts of the Central Election Commission, to ensure their safety, and protection of ballots and other election documents; provide in accordance with established norms of the Central Election Commission, vehicles, communications equipment, inventory, office equipment, which must be returned after the termination of the election commissions. Procedure for these services and compensation determined by the Cabinet of Ministers of Ukraine.
2. Procurement of goods, payments and services for the preparation and holding of presidential elections in Ukraine during the election process conducted by election commissions at the expense of the State Budget of Ukraine without tender (tender) procedures in the manner prescribed by the Central Election Commission.
(Part Two of Article 39 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 40. Payment of members of election commissions
1. Jobs election commission member who fulfills their authority in the election commission for a fee, paid in the amount and procedure established by the Cabinet of Ministers of Ukraine on the submission of the Central Election Commission by the State Budget of Ukraine allocated for the preparation and conduct of elections.
2. Wages are a member of the Election Commission, removed from production or duties of a principal place of work can not be lower than his average salary for a principal place of work.
3. Members of election commissions within the overall economy, payroll, provided an appropriate expenditure of the election commission for the preparation and holding of presidential elections in Ukraine may be charged and paid a one-time monetary compensation in the manner prescribed by the Central Election Commission.
4. Work of election commission members (including pensioners and people who are temporarily not working) on election day, the day of repeat voting and tabulation days paid in the amount and procedure established by the Cabinet of Ministers of Ukraine.
5. Employment of persons referred to in Article 28 of the twentieth of this Law, is paid in the amount and procedure established by the Cabinet of Ministers of Ukraine, at the expense of the State Budget of Ukraine allocated for the preparation and conduct of elections.
Article 41. Election fund presidential candidate Ukraine
1. Election Fund of the presidential candidate of Ukraine has a savings account, which received funds for campaign financing candidate for President of Ukraine, as well as current accounts, which is financing the cost of the election campaign. On election accounts current funds come solely from the savings account of the election fund presidential candidate in Ukraine.
2. Candidate for President of Ukraine opened a savings account campaign funds in a Bank of Ukraine in Kiev and not more than one current account in a banking institution within the territorial election district.
3. Accounts of the election fund presidential candidate Ukraine opened in the banks in local currency.
4. A candidate is required to open a savings account of his campaign funds, not later than ten days from the date of its registration by the Central Election Commission. The reason for opening a savings account campaign funds of the candidate is a copy of the decision of Central Election Commission to register the candidate for President of Ukraine. The reason for opening a current account of the election fund of a candidate is help the bank open a savings account for campaign funds.
5. Of opening and closing of the electoral fund of a candidate for the post of President of Ukraine is established by the National Bank of Ukraine as agreed with the Central Election Commission no later than eighty-three days before the election.
(Part Five of Article 41 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
6. Expenditure of funds from this account of the election fund is entirely in the form of cash.
7. Services of the bank for the opening and closing of the election fund and the operation of accounts are free. Establishment of the Bank for the use of funds, which are the accounts of the election fund, the interest has not paid.
8. Establishment of the Bank not later than the next working day after opening day of the election fund of a candidate said the Central Election Commission to open the account and its details.
9. Information about open a savings account the relevant election fund and its information once published by the Central Election Commission in the newspaper "Voice of Ukraine" and "Governmental Courier" at the expense of the State Budget of Ukraine allocated for the preparation and conduct of elections. Further information about the details of savings account campaign funds published in the print media at the expense of the relevant election fund.
10. Expenditure of funds from current accounts of the election fund stops at 15 pm on the last day before election day or day of repeat voting.
11. In the case of a repeat vote, the use of election funds of candidates included in the ballot for re-vote, updated with the day the decision on their inclusion in the ballot for re-vote.
12. Accounts of the election fund closed institutions banks fifteenth day after the official announcement of election results, and for candidates not included in the ballot for re-vote - the promulgation of the decision to repeat the vote.
13. Seizure of funds in the accounts of campaign funds before election day or day of repeat voting is not allowed.
Article 42. Of account of the election fund
1. Candidate for President of Ukraine shall appoint from among its trustees no more than two managers of the accumulation account of the election fund, which has the exclusive right to dispose of in accordance with the laws of Ukraine funds received in a savings account. Administrators savings account campaign funds must keep records of receipt and distribution of funds received on a savings account campaign funds between current accounts.
2. Candidate for President of Ukraine appoints one governor of the current account of the election fund in the territorial district, which has the exclusive right to dispose of the current account of the relevant election fund. Administrators ensure compliance with current accounts of financial discipline and targeted use of campaign funds, they also register the appropriate use of the current account of the election fund.
3. Establishment of the bank, which opened a savings or current account of the election fund manager provides potyzhnevo or his address information on the amounts and sources of contributions received to the accounts of campaign funds, cash flow, as well as their account balances.
4. Administrator of the current account of the election fund required no later than the seventh day after election day (the day of repeat voting) to give the governor the accumulation account of the election fund financial report on the use of appropriate current account of the election fund.
5. Resource savings account campaign funds not later than on the fifteenth day after the election (in the case include the candidate's ballot for re-vote - no later than on the fifteenth day after the repeat vote) submit to the Central Election Commission financial report receipt and use of campaign funds.
6. Form of financial statements is set by the Central Election Commission no later than eighty days before the election.
Article 43. The electoral fund and use its funds
1. Election Fund of the presidential candidate of Ukraine is formed by its own funds, funds of the party (parties, members of the electoral bloc), which nominated a candidate, as well as voluntary contributions of individuals.
(Part Two of Article 43 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
3. Voluntary contribution of the individual to the electoral fund of a candidate for President of Ukraine can not exceed four times the minimum wage. Do not be limited in amount and number of transfers its own funds the candidate for President of Ukraine, as well as own funds of the party (parties, members of the electoral bloc), which nominated a candidate that are transferred to a savings account.
(Part three of Article 43 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
4. Do not make voluntary contributions to campaign funds:
1) to foreigners and stateless persons;
2) anonymous donations (no indication in the billing document information provided in the fifth part of this article).
5. Voluntary contribution to an individual campaign funds accepted institution or liaison offices of the bank upon presentation of her one of the documents referred to in Article 2 of this Law. In payment for this document shall indicate the required name, name, date of birth and address of the person's place of residence.
6. Voluntary contributions credited the bank or perekazuyetsya liaison offices in cumulative expense of campaign funds not later than the next working day after receiving the payments. Total time of transfer contributions to campaign funds should not exceed two business days.
7. Savings account administrator of the election fund has the right to refuse an individual contribution, which he submits the appropriate application and payment document to the bank, which opened a savings account campaign funds. This fee is returned by individual contributions, and in the event of failure the return credited to the State Budget of Ukraine.
8. In the case of voluntary contributions of physical persons, which exceeds the amount set by the third paragraph of this article, the amount exceeding the size of the contribution, based on appropriate application and payment document filed administered savings account campaign funds, returns an individual institution of the bank, which opened account of campaign funds, these funds and, if such return can not be transferred to the State Budget of Ukraine.
9. Savings account administrator shall refuse campaign funds from individual contributions, which, according to this Law shall not make such a contribution, if the governor knows about it. Based on the statement savings account administrator to waive the contribution for this reason that the establishment of the bank, which is open through the election fund, pays a fee to the State Budget of Ukraine. If the savings account administrator became aware that an individual who contributed, did not have this right, he must within three days from when he became aware of it, reject this contribution, listing appropriate funds to the State Budget of Ukraine.
10. Control over revenues, accounting and use of the election funds are selectively Central Election Commission and the bank, which is open through the election fund, according to the procedure established by the Central Election Commission together with the National Bank of Ukraine and the central executive body of communication not less than eighty-three days before the election.
(Tenth Part of Article 43 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
11. Costs of campaign funds not used by a candidate for President of Ukraine put forward by party (bloc), in his written statement, which is attested in the manner prescribed by law and shall be submitted not later than the tenth day after the official announcement of the vote, within five days from the date of receipt of such statement credited to the current bank account with the appropriate party (parties, members of the unit). In case of failure in this period candidate statements such funds unused campaign funds transferred to the bank in the indisputable order of the State Budget of Ukraine on the fifteenth day of the official publication of the Central Election Commission, election results, or (for candidates not included in the ballot for re-vote ) published a decision on the appointment of re-election. Costs of campaign funds not used by a candidate for President of Ukraine, nominated by self, not later than the tenth day after the official announcement of the vote transferred to the State Budget of Ukraine.
12. In case of cancellation of the decision on registration of candidates for the post of President of Ukraine balances his campaign funds no earlier than ten days from the date of promulgation of the decision in the indisputable order transferred to the State Budget of Ukraine.
13. Contributions that came into the election fund after the election (in the case include the candidate's ballot for re-vote - after a day of repeat voting), the bank returns the appropriate individual at the expense of the contribution and, if such return can not be transferred to the State Budget of Ukraine.
14. Data on the size of the election funds of candidates for the post of President of Ukraine and financial reports on their use of funds by the Central Election Commission published in the newspapers "Voice of Ukraine" and "Governmental Courier" not later than on the eighteenth day after the election.
Section VII
NOMINATION AND REGISTRATION OF CANDIDATES FOR THE POST
PRESIDENT OF UKRAINE
PRESIDENT OF UKRAINE
Article 44. The general procedure for nominating candidates for the post of President of Ukraine
1. Nomination of candidates for the post of President of Ukraine parties (blocs) and the self begins with eighty-nine days and ends past seventy one day before the election.
(Part One of Article 44 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
2. Candidate for President of Ukraine may be nominated by a party that is registered in the order established by law no later than one year before the election or electoral bloc of parties, provided that its membership includes parties registered not later than one year before the election.
Article 45. Procedure for the formation of an electoral bloc
1. Election block may be formed by two or more parties specified in Article 44 of this Law, by decisions of the Congress (meetings, conferences) of each of these parties. The decision signed by the leader of the party and sealed the party. Conventions (meetings, conference) games, which decide on the formation of an electoral bloc, may occur at any time prior to the election process.
2. Leaders or representatives of parties who are authorized by Congress (meetings, conferences), conclude an agreement on the formation of an electoral bloc, which they signed and sealed the parties that formed the unit.
3. Agreement on the formation of an electoral bloc shall specify:
1) full and abbreviated name of the block;
2) the governing bodies of the electoral bloc and conditions of their functioning;
3) rules at the inter-congress (meeting, conference) of the parties, members of the unit;
4) the procedure for inter-party congress (meetings, conferences) to nominate a candidate for the President of Ukraine;
5) order the decision-making inter-party congress (meetings, conferences);
6) order the decision to agree to join another party to the electoral unit since its inception.
4. Full name of unit should include the names of all parties, members of the unit. The full or abbreviated name of the block can not contain the name of the party that is not part of the block, or the name of the person who is not a candidate for President of Ukraine from the block.
5. On the establishment of an electoral bloc informed the Central Election Commission no later than two days before the day of inter-party congress (meetings, conferences). Attached to an agreement on the formation of an electoral bloc, extracts from the minutes of conventions (meetings, conferences) parties to the decisions on the formation of an electoral bloc, certified leaders of parties that formed the electoral bloc, and sealed these games, as well as copies of certificates of registration of parties that formed the electoral bloc, and their charters, certified by the Ministry of Justice of Ukraine after the announcement of the start of the electoral process. In case a title block containing the name of the person the message is also added to the consent of a person using her name for her signature, certified in the manner prescribed by law.
Article 46. Changes in the composition of the electoral bloc of parties
1. The party that meets the second part of Article 44 of this Act is not part of any electoral bloc and not nominated a candidate for the post of President of Ukraine by a decision of the Congress (meetings, conferences) and the consent of the electoral bloc, provided under the agreement on the formation of an electoral bloc, could join an electoral bloc which nominated a candidate for the post of President of Ukraine. The decision to join the bloc signed by leader of the party and sealed the party, and the decision unit of an agreement signed by the leaders of parties belonging to the block, and sealed the parties that are members of the unit. These documents shall be submitted to the Central Election Commission no later than forty-five days before election day.
(Part One of Article 46 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
2. Party, which is a unit, may, not later than twenty-six days before election day to decide on the way out of the blocks. The decision taken by Congress (meeting, conference) of the party according to its charter. The decision to resign from the party of the block and extract from the minutes of the Congress (meetings, conferences) to consider the matter, signed by the party leader, presiding at the convention (meeting, conference) and certified with the seal of the party, within three days of taking such decision submitted to the Central Election Commission and the governing body of the block.
(Part Two of Article 46 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
3. Exit party member is not a candidate for President of Ukraine, part of the unit, which includes more than two parties, does not affect the status of the block as the subject of the electoral process regardless of the number of games that it left. Name of the party, which came out of a block, removed the ballot papers and other election documents from the list of names of parties, members of the unit.
4. If a candidate for President of Ukraine, nominated by the bloc is not a member of the party, which came out of a block, which includes two games, the successor of the block - the subject of the election process is the party that has not made a decision to exit the block. Thus the ballot and other election documents in place of the block indicates the name of the party - the successor block.
5. If the person nominated by the bloc candidate for President of Ukraine, a member of the party, which came out of a block, the decision to block her nomination expires after the decision to resign from the party block.
6. If the decision stipulated in this article made no later than sixty eight days before election day, the party that came out of a block, but under the circumstances specified in part five of this article, and also block are eligible to nominate candidates for President of Ukraine in the manner provided by this Law.
(Part six of Article 46 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
7. If the decision stipulated in this article, taken later than sixty eight days before election day, the party that came out of a block, but under the circumstances specified in part five of this article, and also block lose the status of the subject election process.
(Part 46 of the seventh amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
8. Based on the decision, as stipulated in this Article, the Central Election Commission makes a decision according to appropriate amendments to the election documents, to refuse to register a candidate or cancel registration.
9. Parties that are members of the unit may not be later than twenty-six days before the election to dissolve the electoral bloc. Such decisions congresses (meetings, conferences) of all parties, members of the unit. The decision to dissolve the block, and extracts from the reports of congresses (meetings, conferences) each party to consider the matter, signed by the party leader, presiding at the convention (meeting, conference) and stamped the party, within three days of a decision submitted to the Central Election Commission.
Part 46 (ninth, as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
10. If the decision referred to part nine of this article made no later than sixty eight days before election day, each of the parties that was part of the unit is entitled to nominate a candidate for the post of President of Ukraine in the manner provided by this Law.
(Tenth Part 46 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
11. If the decision referred to part nine of this article, taken later than sixty eight days before election day, the party that was part of the block, losing the status of the subjects of the electoral process.
(Part eleven 46, as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
12. If the decision referred to part nine of this article is accepted for registration of a candidate nominated by the bloc, the Central Election Commission did not consider his registration. If the above decision was taken after the registration of candidates, the Central Election Commission based on these decisions, canceling the registration of the candidate.
Article 47. Procedure for the nomination parties (blocs)
1. Party (bloc) may nominate one candidate for President of Ukraine.
2. Party (bloc) may nominate a candidate for President of Ukraine the person who is a member of that party (a member of the party, which is a unit), or partisan citizen, according to article 9 of this Law shall have the right to be elected President of Ukraine.
3. A party that is part of the electoral bloc may nominate their own candidate for President of Ukraine and part of another electoral bloc.
4. Nomination by the party at its congress (meeting, conference), and block - the interparty congress (meeting, conference) games, members of the unit. The congress (meeting, conference), on which nominations must participate at least 200 delegates.
5. A person may nominate a candidate for the post of President of Ukraine only one party (one unit) in accordance with the will of the candidate.
6. The protocol of the convention (meeting, conference) party, inter-party congress (meeting, conference) games, members of the unit shall include: date of the meeting, agenda, information about the person nominated to the post of President of Ukraine (name, Name, date, month and year of birth, nationality, party affiliation, position (occupation), place of work and place of residence), the outcome of the vote for the candidate for President of Ukraine. The protocol signed by presiding at the convention (meeting, conference) and sealed the party (parties, members of the unit).
7. The time and venue of the Congress (meetings, conferences) or inter-party convention (meeting, conference) games, members of the bloc to put forward a candidate for the post of President of Ukraine party leader (party leaders, members of the unit) reported in writing to the Central Election Commission no later than two days before the congress (meetings, conferences). At this convention (meeting, conference) on behalf of the President of the Central Election Commission has the right to be present member of the Central Election Commission.
8. The time and venue of the Congress (meetings, conferences) for nominating the candidate for President of Ukraine previously reported the media. Procedure for accreditation of representatives of the media at a convention (meeting, conference) is determined by the organizers of the event.
Article 48. Order self -
1. A citizen of Ukraine, according to article 9 of this Law may be elected President of Ukraine, the person submits to the Central Election Commission certified the established law statement samovysunennya candidate for President of Ukraine.
2. In a statement on samovysunennya the post of President of Ukraine have agreed to the publication contain biographical information and the declaration of assets and income, liabilities, if elected to allocate in the manner prescribed by law, within one month after the official announcement of election results in the management of another person due to him and the company corporate law and close down or lay representative mandate, according to the Constitution of Ukraine (254k/96-VR) and laws of Ukraine are incompatible with the occupation of the post of President of Ukraine.
3. The statement added the documents stipulated in part one of Article 51 of this Law.
Article 49. Cash pledge
1. Cash collateral paid party (parties, members of the unit), which nominated the candidate for President of Ukraine, or a candidate for President of Ukraine in cashless special account of the Central Election Commission in the amount of two million five hundred thousand.
2. Cash collateral is returned the party (parties, members of the unit), which nominated the candidate for President of Ukraine, or candidate for President of Ukraine, which is included in the ballot for re-vote. If a candidate for President of Ukraine is not included in the ballot for re-vote money deposit not refunded and transferred to the State Budget of Ukraine.
(Article 49 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 50. Declaration of assets and income of the candidate for the post of President of Ukraine
1. Declaration of assets and income of the candidate for the post of President of Ukraine and his family members for the year preceding the year of election, filled himself a candidate for the form of a declaration of assets and income of public servants in the first category, approved by the Ministry of Finance of Ukraine as of 1 January of the election .
2. The reliability of information submitted in the declaration, verified by the State Tax Administration of Ukraine on behalf of the Central Election Commission. Errors and inaccuracies found in the Declaration are subject to correction and not a reason for refusal to register a candidate for President of Ukraine.
3. Central Election Commission publishes a declaration of assets and income of each candidate for President of Ukraine in three days after registration of a candidate in the newspaper "Voice of Ukraine" and "Governmental Courier", as well as posted on the official website of the Central Election Commission.
Article 51. Registration of candidates for the post of President of Ukraine
1. Central Election Commission registers the candidate for President of Ukraine subject to the following documents:
1) Form the candidate for President of Ukraine in the form established by the Central Election Commission (filled candidate in person);
2) autobiography of the person nominated, up to two thousand characters, which must contain: surname, name, date, month, year and place of birth, information on citizenship, education, employment, position (occupation), place of work, community work (including elective office), party affiliation, family structure, residence address, a time of residence in Ukraine, information on criminal records, outstanding and not withdrawn in the manner prescribed by law;
3) the candidate's election program, described the official language, up to twelve thousand characters;
4) document on making monetary bail under Article 49 of this Law;
5) Declaration of assets and income in accordance with Article 50 of this Law;
6) photographs of the candidate for the size and number set by the Central Election Commission.
2. To register a candidate for president of Ukraine is the person nominated by party (bloc), except documents provided in part one of this article served as the following documents:
1) submission of registration of candidates, signed by the head of the party (party leaders, members of the bloc) and sealed the party (the seals of the parties that are members of the unit);
2) a copy of the certificate of registration of the party (parties, members of the unit) and its charter (statutes parties, members of the unit), Ministry of Justice certified free of Ukraine after the beginning of the electoral process;
3) extract from the minutes of the congress (meeting, conference) of each party, which joined the electoral bloc, the creation of an electoral bloc, certified signature of the head of the party and sealed this party - if the nomination of a candidate block;
4) agreement on the formation of an electoral bloc (in case of nomination of a candidate block);
5) extract from the minutes of the Congress (meetings, conferences) party (inter-party congress (meeting, conference) games, members of the unit) to nominate a candidate for the President of Ukraine party (bloc), which contain information required by part six of Article 47 of this Law. Extract from the minutes must be certified by the head of the party (party leaders, members of the bloc) and sealed the party (the seals of the parties that are members of the unit);
6) a statement of the person nominated, the agreement to run a candidate for President of Ukraine from the party (bloc), and in this regard the publication of biographical information and declaration of assets and income, liabilities, if elected to allocate in order established by law, within one month after the official announcement of election results in the management of another person due to him, businesses and corporate law and close down or lay representative mandate, according to the Constitution of Ukraine (254k/96-VR) and laws of Ukraine are incompatible with the occupation of the post of President of Ukraine.
3. Central Election Commission publishes an authorized representative of the party, electoral bloc of parties that filed the documents mentioned in the first and second parts of this article, a certificate of adoption. Information should include a list of accepted documents, date, month and year, and the time of their adoption, the position and name of the person who took the documents.
4. Documents submitted to the Central Election Commission after the election process in the manner provided for in the fifth part of Article 45 of this Law, re-submitted.
5. Submission of documents to the Central Election Commission for registration of candidates expires sixty-eight days before election day.
(Part Five of Article 51 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
6. The person nominated to the post of President of Ukraine has the right to the day of registration as a candidate to withdraw its application for consent samovysunennya or run a candidate for President of Ukraine of the relevant party (bloc). Repeated application of the person's consent or samovysunennya run for the presidential election in Ukraine from the party (bloc) will not be accepted.
7. In case of registration of a candidate to the authorized representative of the party (bloc) or a candidate for President of Ukraine no later than the next day issued a copy of the decree of registration. Candidate for President of Ukraine no later than within three days after a decision on its registration certificate is issued candidate for President of Ukraine in the form established by the Central Election Commission. The decision to register the candidate for President of Ukraine in the same period published in the newspaper "Voice of Ukraine" and "Governmental Courier".
8. If the Central Election Commission shows that the election program of the candidate for President of Ukraine signs of provisions aimed at elimination of Ukraine's independence, the constitutional order by violent means, the violation of the sovereignty and territorial integrity, undermining its security, illegal seizure of state power, propaganda war, violence, incitement ethnic, racial or religious hatred, attacks on human rights and freedoms, public health, it must within five days from the date of filing provided for in this article apply to the Supreme Court of Ukraine to establish a court of this fact.
9. Central Election Commission shall decide on the registration of the candidate for President of Ukraine or the refusal to register a candidate for President of Ukraine within five days of receipt of the documents provided by this article. In the case provided part of the eighth of this article, the decision on registration of candidates for the post of President of Ukraine adopted the Central Election Commission within five days from the date of receipt of the Supreme Court of Ukraine.
10. Central Election Commission has finished registration of candidates for the post of President of Ukraine no later than sixty four days before the election.
(Tenth Part of Article 51 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
11. List of candidates for the post of President of Ukraine, registered by the Central Election Commission, indicating name, surname, patronymic, year of birth, education, place of residence, main place of work (occupation), party affiliation, the subject of the nomination within five days after registration of candidates published by the Central Election Commission in the newspapers "Voice of Ukraine" and "Governmental Courier".
12. Registered candidates have equal rights irrespective of the nomination.
Article 52. Refusal to register candidate for President of Ukraine
1. Central Election Commission refuses to register a candidate for President of Ukraine in case of:
1) violation of the legal formation of the electoral bloc and the nomination of candidates;
2) Establishment of the Supreme Court of Ukraine in the presence of the candidate's election program provisions aimed at elimination of Ukraine's independence, the constitutional order by violent means, the violation of the sovereignty and territorial integrity, undermining its security, illegal seizure of state power, propaganda war, violence, incitement of ethnic, racial , religious hatred, attacks on human rights and freedoms, public health;
3) lack of or inadequate documentation referred to in Article 51 of this Law;
4) termination of citizenship of Ukraine or Absenteeism among the citizenship of another state, the person nominated to the post of President of Ukraine;
5) leaving the person nominated, from Ukraine for permanent residence;
6) recognition of the person nominated, incapable or her entry to the force of law court verdict of guilty for committing an intentional crime;
7) circumstances specified in part five of Article 46 of this Law.
2. The decision to refuse registration of a candidate should have comprehensive grounds for refusal. A copy of this decision no later than the day following its adoption is given (sent) to the authorized representative of the relevant party (bloc) or candidate.
3. Denial of registration of a candidate does not exclude the possibility of re-filing party (bloc) or a candidate statement of registration.
4. Reapply for registration of the candidate along with corrections in accordance with this Law documents may be submitted to the Central Election Commission no later than sixty-six days before election day.
(Part Four of Article 52 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
(Article 53 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
(Article 54 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
(Article 55 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
Article 56. Cancellation decision to register the candidate for President of Ukraine
1. Central Election Commission shall decide on cancellation of registration of candidate for President of Ukraine in case of:
1) treatment presidential candidate in Ukraine any time after its registration, but no later than five days before election day or day of repeat voting, with a written rejection of ballot;
2) circumstances prescribed fifth and twelfth parts of Article 46 of this Law;
3) termination of citizenship of Ukraine candidate for President of Ukraine;
4) disposal of the candidate for President of Ukraine from Ukraine for permanent residence;
5) recognition of the candidate for President of Ukraine or incapable of entry into legal force on his court verdict of guilty for committing an intentional crime.
2. Decision of the Central Election Commission to cancel the registration of the candidate for President of Ukraine published in state media.
3. Central Election Commission announces warning candidate for the presidency of Ukraine and the party (bloc), which nominated him, in case:
1) establishing the court in the manner prescribed by law, bribing voters or election commission members a candidate for President of Ukraine, its agent, officer of the party (bloc), which nominated a candidate, and at the request of a candidate or on behalf of a candidate or party ( block), which nominated him - another person;
2) establishing the court in the manner prescribed by law, of fact during the electoral process to voters or members of electoral commissions money or free of charge or on preferential terms of goods and services, securities, loans, lotteries, other property organization, the founder, owner or member of the governing body which is a candidate for President of Ukraine, the official party (a party that is part of the block), which nominated the candidate;
3) establishing the court in the manner prescribed by law, the fact of a candidate in the financing of electioneering, but money his campaign funds and other funds;
4) If a candidate for President of Ukraine, which occupies the position, including part-time, at government agencies or local governments, in state or municipal enterprises, establishments, organizations, military units, formed under the laws Ukraine, attracted or used for election campaign of his subordinates, duty transport, communications, equipment, facilities, other facilities and resources for the job;
5) detection of the Central Election Commission of substantial uncertainty under this Act information about the candidate deliberately distorted in order to mislead the voters;
6) in the case of a candidate for President of Ukraine, the party (bloc), which nominated the candidate for President of Ukraine, direct or indirect election campaign beyond the terms established by Article 57 of this Law;
7) Violations of other provisions of this Law.
4. Decision of the Central Election Commission announcement warning the presidential candidate of Ukraine or the party (bloc) shall be published in state media.
5. Central Election Commission is considering the cancellation of registration of candidate for President of Ukraine or to declare the candidate or party (bloc) in the presence of preventing a candidate for the post of President of Ukraine or an authorized representative of the party (bloc), which nominated the candidate. On considering the matter the person notified no later than the day preceding the day of trial. In the absence of these persons without valid reasons, but when considering this issue at least three days before election day or day of repeat voting, regardless of the reason is discussed by the Central Election Commission in the absence of these persons.
6. In cases of breaches referred to in part three of this article, for which the law established criminal or administrative liability, the Central Election Commission appeals to the appropriate law enforcement authorities to check and respond according to the laws of Ukraine.
7. Central Election Commission wishes to inform the candidate for President of Ukraine and the party (bloc), which nominated him, the decision to cancel the registration of a candidate or declare warning him not later than the day after its adoption and provides a candidate for President of Ukraine and representatives of the party (unit), which nominated him, a copy of this decision in the same period. If this decision is made prior to election day or day of repeat voting, a copy of this decision is issued forth in this part of the parties without delay.
8. In case of death of the candidate for President of Ukraine or the recognition of his missing the Central Election Commission announces it as that withdrawn from the ballot. This decision is published in the media no later than the day following its adoption, but not later than one day before the election.
(Article 56 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Chapter VIII
Canvass
Article 57. Terms of electioneering
1. Candidate for President of Ukraine may start the election campaign the day after its registration by the Central Election Commission.
2. Election campaign ends at 24 o'clock last Friday before election day.
3. Agitation before re-voting begins on the day following the repeat voting, and ends at 24 o'clock last Friday before the day of repeat voting.
4. Canvass during the election process beyond the terms established in this article is prohibited.
Article 58. Forms and means of election campaign
1. Canvass may be made in any form or by any means that does not contradict the Constitution of Ukraine (254k/96-VR) and laws of Ukraine.
2. Citizens of Ukraine have the right to freely and fully discuss the election platforms of the candidates for President of Ukraine, political, professional and personal qualities of candidates, to campaign for or against candidates.
3. Before the election campaign are not official communications during the election process (without comment, that may be the nature of propaganda, as well as video, audio recording, kinozyomok, photo illustrations) about the actions of the candidates for President of Ukraine, connected with the performance of their official (official) powers conferred by the Constitution of Ukraine (254k/96-VR) or the laws of Ukraine.
4. Canvass at the expense of the State Budget of Ukraine allocated for the preparation and conduct of elections, for the purposes specified in this Law, and means of election funds of candidates for the post of President of Ukraine.
5. Canvass by the state budget of Ukraine allocated for the preparation and conduct of elections is in compliance with the principle of equal conditions of candidates for the post of President of Ukraine the same print space in the print media and airtime on radio and television.
6. The executive and local authorities on the appeal of the corresponding district election commission makes a room suitable for public action campaign, organized by the election commission. This election commission is obliged to ensure equal opportunities for all candidates for the post of President of Ukraine, registered by the Central Election Commission. Payment for use of facilities provided by the procedure established in Article 39 of this Law.
7. Candidate for President of Ukraine, registered by the Central Election Commission is entitled to a contractual basis at the expense of campaign funds to rent office buildings and all forms of property for meetings, debates, discussions and other public events campaigning.
8. Candidate for President of Ukraine or its authorized representative shall notify the time and place of public measures of campaign relevant district election commission.
9. In case a building (space), regardless of ownership was provided for the election of public event or election campaign for one candidate for President of Ukraine, the owner (owner, user) of the building (room) has the right to refuse to grant him the same under another candidate for the post of President of Ukraine. The above requirement does not apply to premises owned or constant use of the parties (blocks) - the subjects of the electoral process.
Article 59. Information posters and election campaign materials
1. Central Election Commission with funds allocated from the State budget of Ukraine for the preparation and conduct of elections, provides production no later than twenty-six days before election day information posters of candidates for the post of President of Ukraine, registered by the Central Election Commission, at a rate of five copies of each polling place. These posters contain pre-election programs of candidates for the post of President of Ukraine, submitted them to the Central Election Commission for registration of candidates, indicating name, surname, patronymic, year of birth, position (occupation), place of work and residence, party candidate, as well as a picture candidate. Shape, size and printing of informational posters are set by the Central Election Commission.
(Part One of Article 59 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
2. Central Election Commission agrees with the candidate for President of Ukraine or its authorized representative text information posters.
3. Information posters of candidates for the post of President of Ukraine shall be the same shape, size, printing performance established by the Central Election Commission.
4. The product information posters of candidates for the post of President of Ukraine on the basis of five copies of each poster at each polling station established in the Central Election Commission of the relevant election commissions are transferred, the rest - the candidate or his authorized representative. Information posters are transferred to the polls no later than twenty-two days before the election.
(Part four of Article 59 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
5. Candidate for President of Ukraine may at its discretion, make contributions through the election campaign and within the limits of campaign funds candidates. The party that nominated the candidate (party, which is a unit that made the candidate), to produce printed material pre-election campaign of the candidate with the property that she owned. Candidate for President of Ukraine may be in the same way to produce materials of her campaigning. The information contained in these materials must meet the requirements of the law.
6. Candidate for President of Ukraine, the party (bloc), which nominated the candidate shall submit one copy of each printed material pre-election campaign, made at the expense of campaign funds and using property that belongs to them no later than the seventh day of day of its production to the Central Election Commission.
7. Reprints election campaign shall include information about the institution that made print or indication that print carried out using property in accordance with the presidential candidate of Ukraine or the parties, their circulation, and information about those responsible for production.
8. Local authorities, local governments no later than ninety days before election day, allocating space and equip stands, the bulletin board in crowded places for placement of campaigning.
(Part eight of article 59 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 60. Overall the use of media
1. The election campaign in the media of all forms of property is in compliance with the principle of equal conditions and procedure stipulated in this Law.
2. Election campaign in the media is in the form of public debate, debates, round tables, press conferences, interviews, speeches, political advertising, telenarysiv, videos and other publications and reports on the candidate for President of Ukraine, the party (bloc ), which nominated a candidate, and other forms that do not contradict the Constitution of Ukraine (254k/96-VR) and laws of Ukraine.
3. Candidate for President of Ukraine, registered by the Central Election Commission has the right to use state and municipal media by and within the State Budget of Ukraine allocated for the preparation and conduct of elections under the conditions stipulated in this Law.
4. The order of airtime and print space and expense within the State Budget of Ukraine allocated for the preparation and conduct of elections is set by the Central Election Commission.
5. Election campaign in the media of all forms of property at the expense of the election fund of a candidate for the post of President of Ukraine is under equal pay per unit of airtime or print space and limited size limit spending campaign funds.
6. Pricing unit value of print space and air time unit set by their respective media not later than ninety days before election day in an amount which shall not exceed the corresponding average figure for the last quarter of the year preceding the year of presidential elections in Ukraine. Weighted average unit value of print space and air time unit is determined by the Central Election Commission together with the National Council of Ukraine on Television and Radio Broadcasting and the State Committee for Television and Radio Broadcasting of Ukraine. Pricing unit value of print space and airtime units to conduct the election campaign can not change during the election process. Mass media can not provide a discount on payment of a particular candidate for the post of President of Ukraine or the party (bloc), which nominated the candidate.
(Part six of Article 60 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
7. Media when presenting the results of opinion polls relating to the election of President of Ukraine, must indicate the organization that conducted the survey, the time it is held, the number of respondents, data collection method, the exact wording of questions, statistical evaluation of possible errors.
8. Mass media, which provided air time or print space candidate for President of Ukraine can not refuse to grant air time or print space under the same conditions for another candidate. This requirement does not apply to the media, shareholders (owners) which party - the subjects of the electoral process (parties, members of the unit - the subject of the electoral process).
9. In the case of a repeat vote, the Central Election Commission ensures the provision of airtime, print space and printing of campaign materials at the expense of the State Budget of Ukraine allocated for the preparation and conduct of elections in the sum of fifteen thousand minimum wage for each presidential candidate Ukraine included in the ballot for re-vote.
Article 61. Procedure for the use of electronic (audiovisual) media
1. All TV and radio must not later than ninety days before presidential elections in Ukraine to publish in print media cost per minute rates (seconds) airtime and send the fees to the Central Election Commission.
(Part One of Article 61 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
2. Airtime for election campaign by and within the State Budget of Ukraine allocated for the preparation and conduct of elections, provided by state and municipal broadcasting between 19 and 22 hours.
3. Broadcasting (Schedule broadcast) TV and radio that have licensed the National Council of Ukraine on Television and Radio the right to use national channels broadcast changes (without any change in broadcasting) during the election campaign during the presidential elections in Ukraine in order to provide regional public broadcasting distribution capabilities their programs and election broadcasts in the respective regions.
4. Candidate for President of Ukraine, registered by the Central Election Commission, provided the total broadcasting time for election campaign by and within the State Budget of Ukraine allocated for the preparation and conduct of elections, at least 30 minutes on national TV and 45 minutes on national radio channel and 30 minutes on regional TV channels and 20 minutes on regional radio channels in each region of Ukraine (Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol). This time the candidate is provided on each of these three channels in equal proportions of the total time. The volume and the use of airtime allocated for the expense of part of the ninth article 60 of this Law, ensuring equal conditions for candidates to determine the Central Election Commission.
5. Within 20 minutes before and after TV and radio election campaign of TV, radio appropriate candidate for President of Ukraine is prohibited in any form to comment on or evaluate the content of election campaign programs, to give any information about the candidate, the party (bloc) .
6. Schedule airtime indicating the election campaign of TV, radio, the specific date and time out of their broadcast is relevant state and municipal broadcasting after zherebevok conducted under the Central Election Commission, one of the district election commissions by the decision of the Central Election Commission in each of the Regions of Ukraine (Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol), with the participation of candidates in Ukraine, their authorized representatives or authorized representatives of candidates.
7. Results of the draw to provide airtime for election campaign by the state budget of Ukraine allocated for the preparation and conduct of elections shall be published in newspapers under "Voice of Ukraine" and "Governmental Courier", local government or public media in three days after approval of the Central Election Commission and relevant district election commissions.
8. Payment for airtime given by the Central Election Commission and relevant district election commissions in accordance with approved their estimates within the State Budget of Ukraine allocated for the preparation and conduct of elections, and with relevant agreements concluded between the Central Election Commission and National Television of Ukraine, National Radio Company of Ukraine between the relevant district election commissions and the regional state or municipal broadcasting.
9. Airtime at the expense of the election fund of a candidate for the post of President of Ukraine is provided on the basis of the bargain between the manager of the current account of the election fund of a candidate and broadcasting of any form of ownership. Without such a treaty and the arrival of funds at the expense of TV and radio airtime is prohibited.
10. Teleradioorganizatsiya obliged to make audio and video recordings of all programs that contain pre-election campaign, and keep them until the end of thirty days after the official announcement of election results.
11. Teleradioorganizatsiya all forms of property by written request of the Central Election Commission, National Council of Ukraine on Television and Radio are obliged to provide information on the allocation of airtime for the campaign, and if necessary - copies of relevant agreements, payment records and broadcasts recorded on film and other media.
Article 62. The procedure and timing of pre-election debates
1. Election debate on the use of electronic (audiovisual) media (Debates) between the candidates for the post of President of Ukraine are held within the time stipulated in Article 57 of this Act for campaigning. Debates are held between 19 and 22 hours to live.
2. In some debates during the election campaign, can simultaneously engage up to two candidates in Ukraine. Schedule of debates is the results of the draw, conducted by the Central Election Commission, with the candidates for President of Ukraine or their proxies. Results of the draw on the schedule of debates published in newspapers "Voice of Ukraine" Governmental Courier "in three days from the date of approval of these results, the Central Election Commission by the state budget of Ukraine.
3. Number of debates should be such as to provide each candidate for the post of President of Ukraine to participate in them more than once if they expressed a desire for such participation.
4. Duration debates with one group of candidates for the post of President of Ukraine shall not be less than sixty minutes of uninterrupted airtime.
5. If a decision on a re-vote, five days before re-voting at the First National Channel of National TV Company of Ukraine between 19 and 22 hours of organized debates between candidates for the post of President of Ukraine, included in the ballot for re - vote of not less than one hundred minutes. These debates always broadcast on the First National Radio Company of Ukraine and may be free to broadcast other channels. Candidates for the post of President of Ukraine are taking part in televised debates in person. In case one of the candidates for President of Ukraine to take part in televised debates or inability to participate in these debates for the selected time is given to another candidate for President of Ukraine for the election campaign.
6. Holding debates between candidates for the post of President of Ukraine organized by the National TV Company of Ukraine. Debates can also be organized and carried out other TV and radio are licensed to use channels, regardless of ownership of TV and radio initiative.
7. Payment for granted airtime for debates by the Central Election Commission within the State Budget of Ukraine allocated for the preparation and conduct of elections, the applicable agreement concluded between the Central Election Commission and National Television of Ukraine.
8. Broadcasting is forbidden to interrupt broadcast debates.
Article 63. The procedure for using print media
1. Candidate for President of Ukraine, registered by the Central Election Commission is entitled by and within the State Budget of Ukraine allocated for the preparation and conduct of the election, publish the same for all candidates printing performed in the newspaper "Voice of Ukraine" and "Governmental Courier ' Prime "its election program, submitted in its registration, no more than twelve thousand characters. Agreement on the publication of the material from these newspapers editors concluded by the Central Election Commission.
2. Candidate for President of Ukraine, registered by the Central Election Commission is entitled by and within the State Budget of Ukraine allocated for the preparation and conduct of the election, publish the same for all candidates printing performed in the local government or public print media its election application filed in its registration. Agreement on the publication of the material with the wording of the relevant media concluded the district election commission specified in the sixth article 61 of this Law. The volume and the use of printed space allocated for the expense of part of the ninth article 60 of this Law, ensuring equal conditions for candidates to determine the Central Election Commission.
3. Priority printing election programs for the state budget of Ukraine allocated for the preparation and conduct of elections is set by the Central Election Commission and relevant district election commissions by drawing lots with the candidates for President of Ukraine or their proxies.
4. Results of the draw for the order of printing election programs of candidates for the post of President of Ukraine published in newspapers under "Voice of Ukraine" and "Governmental Courier" in local government or public print media within three days after the date of approval of the Central Election Commission or the appropriate circles Election Commission.
5. A candidate for the post of President of Ukraine shall be entitled at the expense of his campaign funds to publish campaign materials in printed media of all forms of ownership.
6. Campaign materials specified in part five of this article, published on the basis of the bargain between the manager of the current account of the election fund of the candidate for President of Ukraine and the editorship of print media. Without the agreement and receipt of funds to the editors of print media to publish these materials prohibited.
7. Editorial print media of all forms of ownership for the written request of the Central Election Commission is obliged to provide it with information on the use of printed space for placing campaign materials of candidates for the post of President of Ukraine and, if necessary - to send her copies of the relevant agreements, payment, and respective publications.
Article 64. Restrictions on the conduct of election campaign
1. Participation in election campaigning is prohibited:
1) persons who are not citizens of Ukraine;
2) the executive authorities and local governments, their officials and officers;
(The official interpretation of the provisions of paragraph 2 of Article 64 of the first visit. In the Constitutional Court N 3-rp/2005 (v003p710-05) dated 24.03.2005)
3) members of election commissions during his duties as members of election commissions.
2. In military units (formations) and in penitentiary institutions and remand canvass limited. Visiting the troops (forces) and penitentiary institutions and investigators insulators individual candidates for the post of President of Ukraine or their proxies prohibited. Meetings of these individuals with voters organized the relevant district election commissions with the commanders of military units (formations) or leaders of Penitentiary Institutions and investigators insulators with mandatory notification no later than three days before a meeting of all proxies of the candidates for President of Ukraine in the corresponding territorial constituency.
3. Distribution in any form containing materials calls for the elimination of Ukraine's independence, change the constitutional order by violent means, the violation of the sovereignty and territorial integrity, undermining its security, illegal seizure of state power, propaganda war, violence and incitement of ethnic, racial or religious hatred , violation of human rights and freedoms, public health, is prohibited.
4. State and municipal media, their officials and officers and artists during the election process in their materials and programs, is caused by the agreements concluded in accordance with Article 61 of the ninth and the sixth article 63 of this Law, may not campaign for or against candidates for the post of President of Ukraine, to assess their election programs or give them an advantage in any form. In case of violation of this requirement for the submission of the Central Election Commission or the relevant district election commission activities of these media by a court may be temporarily suspended.
5. Do not spread false information about presidential candidate in Ukraine. Mass media, which revealed that a candidate for the post of President of Ukraine considers manifestly unreliable, not later than three days after the date of the publication of such material, but no later than two days before election day must provide a candidate for the post of President of Ukraine party (bloc), which circulated on inaccurate information at their request to deny the following materials: to provide the same airtime according to television or radio or published in printed mass media provided by the candidate or party (bloc) material, which should be typed as same type and placed under the rubric of "denial" in the same place articles in the amount not less than the message that refuted. Denial shall include reference to the relevant publication in the printed mass media, transferred to television, radio and the fact that sprostovuyutsya. Denial should be disclosed without the appendices, and abbreviations and comments made by the media.
6. Do not conduct pre-election campaign, accompanied by the provision of money to voters or free of charge or on preferential terms of goods, services, operations, securities, loans, lotteries. This canvass voters or provide money or free of charge or on preferential terms of goods, services, operations, securities, loans, lotteries, accompanied by calls for proposals or to vote or not vote for a candidate or mentioning his name, is considered bribery of voters referred to in paragraph 1 part three of Article 56 of this Law.
7. Central Election Commission provides accommodation in the state media clarification on the prohibition of money or free of charge or on preferential terms of goods, services, operations, securities, loans, lotteries. Text explanation adopted by the Central Election Commission and twice a week is printed in the newspapers "Voice of Ukraine" and "Governmental Courier" on the first page and broadcast TV and radio starting in twenty-two days before the election.
(Part seven of Article 64 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
8. Regional state and municipal TV and radio should not override their transfers of pre-election programs of candidates for the post of President of Ukraine, which are broadcast on national channels broadcast by the state budget of Ukraine allocated for the preparation and conduct of elections.
9. The central executive body of information policy, television and radio, along with its subordinate public broadcasting must provide the procedure by which broadcast election campaign of a candidate program at the First National Channel of the National Television Company of Ukraine should not coincide in time to broadcast such a program other candidate at the First National Radio Company of Ukraine if the airtime for both programs is provided by the state budget of Ukraine allocated for the preparation and conduct of elections.
10. Inclusion of information to the TV and radio election campaign materials of candidates for the post of President of Ukraine, or political advertising is prohibited. Political advertising must be separated from other materials and designated as such.
11. Do not interrupt the transmission of election programs of candidates for the post of President of Ukraine, political parties (blocs), which nominated them, advertising goods and services and other communications.
12. Do not conduct election campaign in foreign media operating in the territory of Ukraine.
13. The mass media of all forms of ownership, operating in Ukraine, is prohibited during the last fifteen days before election day to disseminate the results of opinion polls on the candidates for President of Ukraine.
14. Prohibited placing printed pre-election campaign materials, political advertising and messages about the progress of the electoral process in the architectural monuments and in places where they impede traffic safety.
15. Candidates for the post of President of Ukraine, who occupy positions, including part-time, in the executive branch and local government, in state, municipal enterprises, establishments, organizations, military units (formations) are not allowed to bring pre-election campaign or used for any work related to the campaign, subject to their people (working hours), business transportation, communications, equipment, facilities, other facilities and resources for the job, and use the service or production meetings, staff meetings for the election campaign.
(The official interpretation of the provisions of Article 64 of the fifteenth visit. In the Constitutional Court N 3-rp/2005 (v003p710-05) dated 24.03.2005)
16. Prohibited manufacture and distribution of printed election campaign materials that contain information about the institution, which made printing, circulation of information on those responsible for production.
17. The active campaign (posting campaign materials in the mass media, distribution of election leaflets, putting up election posters, public calls to vote for or against candidates for the post of President of Ukraine) and the distribution of political advertising since the end of the election campaign is prohibited. Election campaign materials removed from 24 hours last Friday preceding the election day or day of repeat voting, the relevant services of local authorities and local governments.
18. Prohibited disclosure of election day poll results, voters about their voting during the voting to the end.
19. In the case of income, or circumferential to the Central Election Commission statements, complaints about violations of parts of the third, sixth, tenth - of the eighteenth article of the respective election commission immediately sends this application or complaint to the appropriate law enforcement authorities to check and respond according to the laws of Ukraine. The results of testing and measures law enforcement agencies notify the appropriate election commission within three days after receiving the application or complaint.
(Part nineteen of article 64 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Section IX
WARRANTY OF PRESIDENT CANDIDATE
UKRAINE and official observers
UKRAINE and official observers
Article 65. Guarantees of the candidates for President of Ukraine
1. Candidate for President of Ukraine shall not be denied exemption for the period of campaign production and execution of their duties on the job of providing unpaid leave.
2. Candidate for President of Ukraine since its incorporation to the end of the electoral process can not be dismissed from work initiated by owners of the enterprise, institution, organization or body authorized by him, the commander of a military formation (part). A candidate without his consent can not be transferred to another job, aimed at travel and drafted for military or alternative (civilian) service, training (verification) and special fees for service.
3. Candidate for President of Ukraine has the right to free travel by all modes of passenger transport (except taxis) within the territory of Ukraine at the expense of the State Budget of Ukraine allocated for the election of President of Ukraine.
4. The State ensures the protection of the candidates for President of Ukraine during the election process in accordance with the Law of Ukraine "On state protection of public authorities and officials (160/98-VR).
Article 66. The representatives of the candidates for President of Ukraine
1. Candidate for President of Ukraine, registered by the Central Election Commission has the right to delegate one authorized representative to the Central Election Commission the right to vote, representing its interests in the Central Election Commission during the election process.
2. Authorized representative of the candidate for President of Ukraine Central Election Commission must be a citizen of Ukraine who has the right to vote. It can not be authorized representative of the candidate for President of Ukraine election commission member, official authorities and local governments, soldier, officer commanding of the ordinary and the internal affairs of Ukraine, Ukraine's Security Service, the ordinary person and the superiors of the State Criminal Executive Service Ukraine, a person who is an alternative (civilian) service.
(Part Two of Article 66 as amended by Law N 1254-VI (1254-17) dated 14.04.2009)
3. Application for registration of an authorized representative of the candidate for President of Ukraine signed, certified in the procedure established by law, the person nominated to the post of President of Ukraine, submitted to the Central Election Commission simultaneously with the application for registration of candidate for President of Ukraine. The application for registration of representative candidate for President of Ukraine shall indicate the surname, name of representative of his citizenship, day, month and year of birth, place of employment, position (occupation), place of residence, phone number. The statement added the written consent of the person to represent the interests of the candidate for President of Ukraine Central Election Commission.
4. Central Election Commission no later than the third business day after receipt of the documents mentioned in part three of this article, register of representative candidate for President of Ukraine Central Election Commission and gives it identity in the form established by the Central Election Commission. In case of refusal to register (cancellation of registration) candidate for President of Ukraine authority authorized representative of the candidate in the Central Election Commission are considered to have been abandoned since the onset of these circumstances.
5. Authorized Representative candidate for President of Ukraine on the day of its registration by the Central Election Commission to stop its powers or the end of the electoral process is entitled to an exemption from the production or duty without pay by agreement with the owner of an enterprise, institution, organization or its authorized body .
6. Authorized Representative candidate for President of Ukraine has the right at any time before election day to appeal to the Central Election Commission a statement renouncing his powers.
7. Candidate for President of Ukraine at any time before election day or day of repeat voting could decide to withdraw the authorized representative and the delegate of another candidate to replace the retired. A statement with a copy of the decision and other documents submitted to the Central Election Commission in the manner prescribed by the third paragraph of this article.
8. Based on the application submitted according to the sixth or seventh this article, not later than three days after its receipt, and filed on the eve and election day - without delay, the Central Election Commission shall decide on cancellation of registration of representative candidate. A copy of the decision issued to the authorized representative of the candidate or sent to the candidate for President of Ukraine.
9. Identity of representative candidate for President of Ukraine, the authority which terminated before the end of the election process immediately returns to the Central Election Commission.
10. Authorized Representative candidate for President of Ukraine Central Election Commission has the right:
1) Attend all meetings of the Central Election Commission during the discussion of issues related to the election of President of Ukraine, and participate in the discussion of the right to vote;
2) examine the contents of the minutes of the meetings of the Central Election Commission and its decisions, documents and materials on which these decisions were taken, to obtain copies of these decisions;
3) to meet immediately with the protocols, telephoned and other official communications received to the Central Election Commission of district election commissions on the outcome of the vote in the territorial constituency and the relevant protocols of district election commissions on the counting of votes at a polling station;
4) other rights stipulated in this Law.
Article 67. Trustee candidate for the post of President of Ukraine
1. Candidate for President of Ukraine may be no more than five proxies in a single national constituency and one attorney in each territorial district. Trustee candidate must meet the requirements specified in Article 66 of this Law.
2. Trustee candidate are campaigning for the election of the President of Ukraine, promote a candidate for the President of Ukraine in the election process, represent a candidate in relations with the election commissions, other government agencies and local governments, the media, associations of citizens and voters.
3. Application for registration of trustees, signed by the candidate candidate for President of Ukraine, certified in the manner prescribed by law, shall be submitted to the Central Election Commission at any time after registration. The application for registration of trustees shall include the name, name of each trustee, the relevant constituency, citizenship trustee, day, month and year of birth, place of employment, position (occupation), place of residence, phone number. The statement added the written consent of these individuals represent a candidate for the post of President of Ukraine in the relevant constituency. Signatures of the persons certified in the manner prescribed by law.
4. Central Election Commission no later than the third business day after receipt of the documents mentioned in part three of this article, registers of trustees candidate for President of Ukraine issued by an authorized representative and candidate for President of Ukraine of their identity in the form established by the Central Election Commission.
5. Trustee candidate on the day of its registration by the Central Election Commission to stop its powers or the end of the electoral process is entitled to an exemption from the production or duty without pay by agreement with the owner of an enterprise, institution, organization or its authorized body.
6. In case of cancellation of registration of candidate for President of Ukraine powers of trustees candidates are eliminated in the day the decision to cancel registration.
7. Trustee candidate has the right at any time before election day to appeal to the Central Election Commission a statement renouncing his powers.
8. Candidate for President of Ukraine at any time before election day may decide to review the trustee and the introduction of another candidate to replace the retired. A statement with the written consent introduced nominations submitted to the Central Election Commission in the manner prescribed in part three of this article.
9. On the basis of an application submitted in accordance with the seventh or eighth part of this article, not later than three days after its receipt, and filed on the eve and election day - without delay, the Central Election Commission shall decide on cancellation of registration of a trustee candidate. A copy of the decision issued to the authorized representative of the candidate or sent to his address.
10. Certificate of trustee candidate, whose mandate has terminated before the end of the election process immediately returns to the Central Election Commission.
Article 68. Official observers
1. In the election process can participate in the official observers of the candidates for President of Ukraine, political parties (blocs), which nominated candidates. Official observers from foreign states and international organizations can monitor the election process.
2. Powers of official observers from the start date of their registration in accordance Election Commission in the manner provided by this Law, and terminated after installing the Central Election Commission the results of presidential elections in Ukraine.
3. The Electoral Commission, which filed an official observer, may terminate its authority when finding gross or systematic violation of the Constitution of Ukraine (254k/96-VR) and laws of Ukraine. On termination of the official observers adopted a motivated decision.
Article 69. Official observers from the candidates for President of Ukraine, political parties (blocs), which nominated a candidate
1. Official observers from the candidate for President of Ukraine, from the party (bloc), which nominated a candidate, registered by the Central Election Commission, must be a citizen of Ukraine who has the right to vote and non-member election commission. It can not be an official observer member of the Election Commission, official or officer of the executive authorities and local self-government soldier and commanding officer of the rank and file of the Interior, Security Service of Ukraine, the ordinary person and the superiors of the State Criminal Executive Service of Ukraine and the person which is an alternative (civilian) service.
(Part One of Article 69 as amended by Law N 1254-VI (1254-17) dated 14.04.2009)
2. Official observers from the candidate for President of Ukraine registered as the district election committee on the submission of a trustee candidate in the territorial district of the signature of the trustee.
3. Official observers from the party (bloc), which nominated the candidate for President of Ukraine, registered district election commission by filing an Republican in the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city organization of the party (party organizations, members of the unit), which nominated a candidate , provided that these organizations are registered in the manner prescribed by law, signed by the head of the organization of the party (party organizations, members of the bloc), stamped the organization of the party (the seals of the organizations concerned parties within the bloc).
4. In view of the registration of official observers shall state their names and surname, citizenship, residence address, and telephone numbers. To view the attached statement of consent of such persons to be official observers from the respective candidate relevant party (bloc).
5. Submission of registration Observer of the candidate for President of Ukraine, the party (bloc), which nominated the candidates as indicated in the third and fourth parts of this article is brought to the corresponding district election commission no later than five days before election day.
6. The relevant election commission no later than next day after submitting an official observer certificate issued in the form established by the Central Election Commission.
7. Official observer has the right:
1) be at polling stations during the vote, seen from any distance for the actions of the commission members, including when issuing ballots to voters and counting, without affecting the members of the commission physically;
2) I do photography, shooting, audio and video recordings;
3) be present during the issuance of ballots to members of the polling station election commission to organize the vote of voters outside the voting room and during this vote;
4) to attend in compliance with this law at the meetings of district and county election commissions of the respective territorial election district subject to the provisions set part of the ninth article 28 of this Law, including during the counting of votes at a polling station, vote tabulation in territorial constituency;
5) refer to the relevant election commission with a complaint about violations of this law in the event of detection;
6) be detected acts of violation of this law, signed by him and not less than two voters who certify the fact of such violation, indicating their name, surname, patronymic, address of residence, and submit them to the appropriate election commission in terms stipulated in Article 94 of this Law;
7) receive a copy of the protocols on the transfer of ballots, the counting of votes and the establishment of voting results and other documents in the cases stipulated by this Law;
8) have other rights stipulated in this Law.
8. Official observer has the right to:
1) unlawfully interfere with the election commission to perform actions that violate the electoral process or hinder the election commission members to exercise their powers;
2) fill instead of voters (including at his request) a ballot;
3) be present when filling voter ballot in the cabin (room) for a secret ballot.
9. In the case of gross or systematic violations of official observers of the requirements of article eight of the election commission's decision, taken in the manner provided part of the eleventh article 28 of this Law, may deny him the right to attend the meeting, the election commission.
10. Republican governing body in the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city organization of the party (party organizations, members of the bloc), trustee candidate for the post of President of Ukraine on behalf of the candidate have the right to withdraw its official observer by addressing a written request to the respective ring Election Commission of the termination of his office and apply for registration of another person in the manner prescribed by this Law.
11. Official observer has the right at any time apply to the district election commission a statement renouncing his powers. Based on this statement the district election commission decision, a copy of which is provided trustee candidate or sent to the appropriate organization of the party (bloc).
Article 70. Official observers from foreign states and international organizations
1. Official observers from foreign states and international organizations registered with the Central Election Commission. Proposals submitted their registration to the Central Election Commission no later than seven days before election day, either directly or through the Ministry of Foreign Affairs of Ukraine.
(Part One of Article 70 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
2. Decision on registration of official observers from foreign states and international organizations shall not later than five days before election day, the Central Election Commission.
3. Central Election Commission publishes official observers from foreign states and international organizations permit the prescribed form it.
4. Official observers from foreign states and international organizations exercise their authority in the territory of Ukraine.
5. Official observers from foreign states and international organizations entitled to:
1) Attend meetings of the candidates for President of Ukraine, their authorized representatives, representatives of parties (blocs), which nominated candidates, with voters at election meetings, meetings of election commissions;
2) get acquainted with the materials of pre-election campaign;
3) be present at polling stations during voting and counting of votes and tabulation at the district election commissions;
4) do photos, shooting, audio and video recordings;
5) to express their suggestions on the organization of presidential elections in Ukraine and the improvement of legislation of Ukraine on the international experience, hold a press conference with the requirements of the legislation of Ukraine;
6) form together with observers from foreign states, international organizations, in consultation with the Central Election Commission, ad hoc groups of observers to coordinate their activities within the powers conferred by this Law.
6. Official observers from foreign states and international organizations supervise their own and independently.
7. Ministry of Foreign Affairs of Ukraine and other executive bodies, local government and electoral commission must promote the official observers from foreign states and international organizations in their implementation of their powers.
8. Financial and material support of official observers from foreign states and international organizations are at the expense of states or organizations that skeruvaly them to Ukraine, or its own funds to these observers.
9. Official observers from foreign states and international organizations have no right to use their status in activities not related to the supervision of the election process and to interfere in the work of election commissions.
Section X
Voting, definition of results
ELECTION OF PRESIDENT OF UKRAINE
ELECTION OF PRESIDENT OF UKRAINE
Article 71. Ballot
1. Form and text of the ballot for voting on the day of presidential elections in Ukraine, as well as a form of ballot for the re-approved by the Central Election Commission no later than twenty-two days before the election. The text of the ballot for re-voting was adopted by the Central Election Commission no later than ten days prior to the re-vote.
(Part One of Article 71 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
2. Ballots are documents of strict accountability.
3. Ballot must contain the name and date of the election (ballot for re-vote - the date of re-voting), the number of territorial election district number, polling place, except for special polling stations are established according to Article 20 of the tenth, and with space to seal the polling station Electoral Commission, last name, initials and signature member of the precinct election commission, which will issue the ballot.
4. Before the ballot to vote on Election Day made statements in alphabetical order of names of registered candidates for the post of President of Ukraine indicating name, surname, patronymic, year of birth, residence, place of work (employment), the party candidate, subject nomination of a candidate . Right in front of information about each candidate placed an empty square. After the names of all candidates on the ballot paper states: "Do not support any candidate for President of Ukraine" and the right of these words placed an empty square.
5. Ballot should include an explanation of the procedures required to voters during the voting.
6. Ballot has control card, a separate line of separation. Advance ticket must contain the name and date of the election (date of re-voting), the number of territorial election district number, polling place, and with the space issue, which voters added to the list of voters, the signature of the voter who receives a ballot, the names, initials and signature member of the precinct election commission, which will issue the ballot.
7. Ballots for each polling station are produced in quantities of 0.5 percent over the number of voters included in the list of voters at a polling station.
(Article 71 amended part of the seventh according to the Law N 1616-VI (1616-17) dated 21.08.2009)
8. Control of production of ballots in the enterprise-manufacturer, compliance with the destruction of printed forms, technical waste, printing is the lack of a control commission, formed by the Central Election Commission on the submission of the parties (blocks) that the current composition of the Verkhovna Rada of Ukraine have their party faction ( fraction units), and candidates for president of Ukraine no later than the day of the approved ballot.
(Article 71 amended part of the eighth according to the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 72. Procedure for making ballots
1. Central Election Commission provides the centralized production of ballots for voting on election day state printing houses not later than seven days before the election on the basis of agreements concluded by it with these companies. Ballots for the repeat vote must be made in the same manner no later than six days before the repeat voting.
(Part One of Article 72 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
2. Technical waste, lack of printing and printing plates are destroyed in the manner and terms defined in the agreement making the ballot.
3. Ballots Central Election Commission receives packaging company manufacturers.
4. Ballots for voting on election day or day of repeat voting, according to the same paper printed the form and content approved by the Central Election Commission, and must be identical in size, color and content.
5. Ballot is printed in the state language on the same sheet with the text portion of only one hand.
6. A special polling station, formed on the vessel, which is the day of presidential elections in Ukraine at sea under the State flag of Ukraine, at polar stations of Ukraine, the ballots can be made as an exception, with the permission of the Central Election Commission directly to the polling station commission.
7. In case of cancellation of the decision on registration of candidates for the post of President of Ukraine Central Election Commission shall decide on amending the ballot. Such changes are to ballot members of district election commissions with the appropriate stamp. About changes to the ballot, according to each voter when the ballot issue.
8. Ballot, which is not amended, provides in part seven of this article shall be deemed invalid. Ballot, which changes without the decision of Central Election Commission or not in accordance with this decision, is considered invalid.
Article 73. Procedure for transfer of ballots to election commissions
1. County election commission accepts ballots from the Central Election Committee at its meeting. On adoption of the ballot election commission in the form of a protocol established by the Central Election Commission. The protocol consists of three copies and signed by all members of district election commissions and representatives of the Central Election Commission, which provides transmission of ballots and candidates for the post of President of Ukraine, their trustees, official observers from candidates and parties (blocs), who attended the meeting Commission. The first copy of the protocol submitted to the Central Election Commission, the second - kept in the district election commission, the third - immediately posted at the district election commission for public review.
2. District Election Commission ensures the preservation and protection of the ballots received from the Central Election Commission. Ballots are stored at the district election commission in the safe (metal cabinet), which is sealed with tape putting it all signatures present at the meeting of the commission and the commission and the seal permanently (until voting day) is under the protection of the internal affairs of Ukraine.
3. District Election Commission no earlier than three days before election day or day of repeat voting at its meeting sends ballots polling commission. On behalf of each polling station commission bulletins take at least three members of this commission to be representatives of the various candidates for President of Ukraine.
4. About the transmission of polling commission ballot election commission consists of a protocol in the form established by the Central Election Commission, indicating:
1) the number of territorial constituencies;
2) the number of polling stations;
3) the number of voters at a polling station in accordance with the list of electors on the day of the protocol;
4) the number allocated to polling place ballots for voting;
5) the names and signatures of members of precinct election commission who received the ballots;
6) number of ballots that remain deposited in the district election commission.
5. Protocol on the transfer of the district election commissions of ballots is in triplicate and signed by all present at the meeting, members of district election commissions, as well as candidates for the post of President of Ukraine, their trustees, official observers from candidates and parties (blocs), which is present at a meeting of . The first copy of the protocol is sent to the Central Election Commission, the second - kept in the district election commission, the third - immediately posted at the district election commission for public review. Extract from the minutes indicating the information relating to the respective polling station, provided with election ballots to representatives of each polling station commission, which received ballots.
6. Polling commission polling stations ballots sent in the manner prescribed by the Central Election Commission.
7. All ballots marked with the numbers of polling stations transmitted the relevant polling commission. Electoral commissions districts formed pursuant to Part 20 of the tenth article of this law, passed ballot without specifying the number of election precincts in an amount equal to the number of citizens included in the list of voters on polling day to receive ballots from the reserve, the amount is determined by the Central Election Commission.
8. Each member district election commission, a candidate for the post of President of Ukraine, its trustee, the official observer for the candidate of the party (bloc), who were present during the transfer of ballots, have the right to request copies of the urgency to get these in the first and fifth This article reports, certified by the chairman and the secretary of district election commission and certified with the seal committee, at a rate of not more than one copy of the protocol for each member of the committee and each candidate for President of Ukraine.
9. Polling station commission members received ballots transported to polling station election commission office, accompanied by an employee of the Interior.
10. Receiving ballots occurs immediately after the arrival of the committee members who received ballots at the polling station commission meeting. At this polling station commission members received journal lists, to the designated locations in each ballot seal the polling station commission. At polling stations, formed according to the tenth part of Article 20 of this Law, in certain places the ballot and control coupons placed as the number of election precincts. In case of non specified transfer count the ballots and the number specified in the extract from the minutes of district election commission on the transfer of ballots, polling station commissions of two copies of the act is in the form established by the Central Election Commission, indicating the decision set the polling station commission causes the difference. One copy shall be transmitted to the district election commission and the other is kept in polling station election commission. If these differences in the number of ballots received by the polling station commission, the number is set at a meeting of precinct commission and recorded in the act of distinction.
11. Ballots are stored at the polling station election commission in the safe (metal cabinet), which is sealed with tape putting it all signatures present at the meeting of the commission and the commission and the seal permanently (until voting day) is under the protection of the internal affairs of Ukraine.
Article 74. Poll
1. Voting is conducted in specially designated and equipped facilities, which are equipped cabins (rooms) for a secret ballot and determined the place of issuance of ballots and ballot boxes set. Space for voting equipment relies on polling station commissions.
2. Executive, local authorities or other bodies (officials), according to the law exercise their powers, provide polling facilities necessary for voting, suitable for settlement in accordance with this Law and regulations established by the Central Election Commission. Poll for a small polling station (the number of electors to 500 persons) should have an area of not less than 50 square meters, the average (from 500 to 1500 voters) - not less than 75 square meters large (more than 1500 voters) - not less than 90 square meters.
3. Poll shall be equipped with sufficient number of cabins (rooms) for a secret ballot. For small polling stations the number of such cabins (rooms) must be at least two for medium - at least four large - no less than six. Placement of equipment in the premises for voting planned so that the place of issuance of ballots, entrance and exit of the cabins (rooms) for a secret ballot, ballot box was in sight of the polling station commission members and persons under the law are entitled to be present garage for a vote.
4. Each polling station provided the necessary number of ballot boxes - large (stationary) and small (portable). Ballot box with the size and made of transparent material, which are determined by the Central Election Commission. Low polling place must have at least two large and two small ballot boxes, the average - at least three large and two small boxes, large - at least four large and three small drawers. Ballot box installed in the premises for voting so that voters in the approach to them had to go through the cabin (rooms) for a secret ballot.
5. In the voting room or directly in front of him in the polling station commissions routinely publishes posters explaining the voting procedure and responsibility for violations of the law on elections of President of Ukraine, information posters of candidates for the post of President of Ukraine, who are placed in alphabetical order (in order the placement of candidates on the ballot paper).
Article 75. Preparing to vote on election day (the day of repeat voting)
1. Voting is conducted on election day and the day of repeat voting from 8 to 20 hours. At polling stations abroad, voting is the local time of the country where those stations are created.
2. The time and place to vote polling station commissions reports of voters not later than seven days before the meeting, and in exceptional cases, formation of polling stations in accordance with the tenth part of Article 20 of this Law - the eve of the election.
3. Organization of the vote and maintain proper order in the premises for voting, the secrecy of the will of voters during the voting rely on polling station commissions.
4. The local election commission not earlier than forty-five minutes before the vote is meeting at which a safe (metal cabinet) on the ballot papers. Chairman of the polling station commission based extraction protocol from district election commission on the transfer of ballots polling station election commission or act specified in the tenth article 73 of this Law, announced the number of ballots received by the polling station commission. The information secretary of the commission to incorporate the precinct electoral commission to count the votes at a polling station.
5. In the event of damage to the tape, which was sealed safe (metal cabinet), or inconsistencies signatures or seals on it The local election commission shall immediately notify the authorities of the Interior and the District Election Commission. Then members of the polling station commission lists the ballots, which is an act that is signed by all present at this meeting to the polling station commission, and sealed commission. Number of ballot papers referred to in the specified act, is the number of ballots received by the polling station commission.
(The sixth article 75 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
(Part of the seventh article 75 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
(Part of the eighth article 75 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
(Part of the ninth article 75 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
10. Chairman of the polling station commission at a meeting of the commission before the vote provides for the review of polling station commission members, present candidates for the post of President of Ukraine, its trustees, official observers, representatives of the media turns on all available polling polling stations. After review of each box is sealed or sealed stamp of the polling station election commission, after which it falls in the checklist, which shall indicate the number of territorial districts, the number of polling station, you throw it in the ballot box, the signatures of chairman, deputy chairman, secretary and other members of the polling station election commission, candidates, their proxies, the official observers who are present at this. Checklist signed by these persons, their signature seal of the commission. After controlling throw the letter head of the commission provides for the review of the following ballot box and carries with it the same procedure. After sealing the last ballot box and throw it to the control sheet and installation of large (stationary) ballot boxes reserved for them at the polling place is ready to vote. Mali (portable) ballot boxes placed at the voting ballots for the holes down in the sight of the commission members and others present at the polling place during voting in accordance with this Law.
Article 76. Organization and procedure of voting
1. In a vote at a polling station polling station commission members on the basis of the list of voters to the appropriate polling place subject to a voter of one of the documents mentioned in Article 2 hereof, certifying his identity and citizenship, issues voter one ballot for vote. The voter shall sign for receipt of the ballot in a particular place on the control coupons ballot and the voter lists. Member of the polling station election commission who issued the ballot, entered into its first and last initials and signs in a particular place on the ballot and the control coupons. Endorse a ballot any mark is forbidden.
(Part Two of Article 76 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
3. The voter may be in the voting room during the time needed to vote.
4. Ballots are filled with voters in person in the cabin (room) for a secret ballot. When filling out ballots prohibited the presence of others. Voter who because of physical disability can not independently fill out a ballot is entitled to the attention of the chairman or another member of the precinct election commission to use a different vote, except members of the Election Commission, candidates for President of Ukraine, their authorized persons, official observers.
5. The voter has the right to send your ballot to others. Getting the ballot from other people (not an authorized member of the Electoral Commission, which publishes newsletters), promotion or zmushuvannya through bribery, threats or otherwise transfer to the voters ballot others may not.
6. In ballot voting voter tick plus ("+") or another, confirming its expression in the square opposite the names of candidates for the post of President of Ukraine, for whom he voted. The voter can only vote for one candidate or support any candidate for the post of President of Ukraine. If nepidtrymannya any candidate the voter makes a mark plus ("+") or another, confirming its expression in the square opposite the words: "Do not support any candidate for President of Ukraine".
7. Voter down the completed ballot in the ballot box. The voter who is unable because of physical disability alone delete them ballot box shall be entitled to the attention of the chairman or another member of the polling station commission to authorize another person to do so in his presence, except for members of election commission, candidates for President of Ukraine, their authorized representatives, official observers.
8. In the event of damage ballot box during voting ballot box sealed by the Chairman and not less than three members of the Election Committee who are representatives of various candidates for President of Ukraine, in a way that makes it impossible to throw ballots. This ballot box is kept at the premises for voting in the field of commission members and others present at the polling place during voting in accordance with the law, and not used to vote.
9. In case a voter filled newsletter, a mistake he has the right to apply immediately with a written statement to the election commission member, who gave him the ballot, to give him another ballot. Member of the Election Commission issued another ballot in the manner prescribed by the first part of this article, only in exchange for a corrupt, which makes the appropriate tag in the list of voters opposite the name of the voter and sign. Spoiled ballot immediately repaid as unused, which is an act. Spoiled ballot and redeemed during the vote count is counted as unused and packed with the control coupons in the package of unused ballot papers.
10. At 20 o'clock the head of the polling station election commission announces the completion of voting, then have the right to vote only voters who are in the voting room. Continuation of the vote after the time prescribed by this Law shall not be permitted. After leaving the voting room last voter office is closing and there are only members of the commission and the persons to whom this law granted the right to be present at a meeting of election commission.
11. At the polling place, formed on the vessel, which is election day at sea under the State flag of Ukraine, at polar stations of Ukraine The local election commission may declare the vote is over before the time specified in part one of Article 75 of this Law, if the vote was attended by all voters included in the list of voters. Counting of votes on such stations is immediately after the announcement of the end of the voting procedure established by this Law.
Article 77. Order of voting outside the voting room
1. Voter who for health reasons can not come to the office for voting ordinary polling station, where it is included in the list of voters, and voters, which is included in the list of voters at a special polling station, founded in inpatient treatment facility, and a bedding treatment can not come to office for a vote, is entitled to a written statement to the polling station election commission to secure him the vote outside the voting premises. Such a declaration indicating the location of the voter may be filed not later than twelve hours before the vote.
2. Statement of the voter to vote outside the voting premises registered polling station election commission in a separate journal, which shall indicate the date and time of receipt, name, surname and place of residence (location) of the voter.
3. Based on the statements referred to in the first part of this article The local election committee prior to election day after the expiration of the submission of such applications makes an extract from the list of voters in the form established by the Central Election Commission. Thus the list of voters in the "signature of the voter," secretary of the polling station election commission makes the record "vote for the seat.
4. Polls of voters outside the voting room to organize at least three members of the precinct election commission, election commission determined. These committee members must be representatives of the various candidates for President of Ukraine.
5. Polls of voters outside the voting room with organized so that voters could vote no later than one hour to vote.
6. Chairman of the polling station election commission shall announce that members of precinct election commission for the organization serving the voters voting outside the voting room. Members of the Election Commission issued ballots in an amount equal to the number of voters in the extract from the electoral register, extract from the list of voters and îïëîìáîâàíà or portable sealed ballot box, which thus falls checklist. The letter shall indicate the timing (hour and minute) election commission members for voting outside the voting room, the number of ballots, the names and initials of members of precinct election commission, which issued ballots. Checklist signed by the present members of the Election Commission, candidates for the post of President of Ukraine, their trustees, official observers, their signature seal of the commission.
7. When the voting outside the voting premises are entitled to be present official observers.
8. The organization of voters voting outside the voting premises member of polling station election commission based on the lift from the list of voters subject to a voter one of the documents referred to in Article 2 hereof, certifying his identity and citizenship, issues voter one ballot . Member of the polling station commission entered into its first and last initials and signs in certain places on the ballot papers and the control coupons. The voter signs in the control coupons ballot and extract from the electoral register, fill out a ballot in the manner provided by the sixth article 76 of this Law, and buries it in the ballot box.
9. After the vote outside the voting premises member of polling station election commission, which gave the voter a ballot, the list of voters opposite the names of voters tick "voted for the seat," said his last name and initials, and signs.
10. Excerpt from the list of voters, which organized the vote of voters outside the voting room, added to the list of voters and is an integral part. The list of voters added to the written statements of voters on which voting is conducted.
11. The provisions of this Article shall not apply to foreign polling stations.
Article 78. Procedure for counting votes at a polling station
1. Counting of votes at a polling station is open and public members of the polling station commission at its meeting to be held in the same room where the voting took place.
2. The meeting of the polling station election commission begins immediately after the vote, conducted without interruption and ending after the drafting and signing a protocol on counting the votes at a polling station.
3. If necessary, at the meeting The local election commission is considering, provided part of the eighth article 28 of this Law.
4. Counting of votes at the polling place is the polling station commission in the sequence set forth the provisions of this article.
5. List of voters at a polling station in the case made to it during the vote additions after vote signed by the chair and secretary of the polling station commission, and sealed commission.
6. The local election commission based on the list of voters shall determine the number of voters at a polling station. This number is announced and entered General Committee to the Protocol on the count of votes at a polling station.
7. The local election commission counts the unused ballots. The number of such ballots declared and credited to the General Committee of the Protocol counting the votes at a polling station. Unused ballots paid by the separation of the lower right corner of the ballot. Redeemed unused ballots with ballots marked in the ninth article 76 of this Law, packaged. In the package is the inscription "Unused ballots, shall indicate the number of territorial districts, the number of election precincts, the number of packed ballots, the date and time of packing, the signatures of the members present asked the polling station election commission and the seal of the commission.
8. The local election commission counts the number of voters that received ballots for the signatures on the voter lists. This number is announced.
9. The local election commission counts the number of control passes ballots with the signatures of voters and election commission members that they were given. The number of such ballot is announced.
10. If the number under control coupons mentioned in this article of the ninth, the number of voters that received ballots as described in eighth part of this article, this number is announced and entered in the protocol on counting the votes at a polling station in the column "Number of Voters who received ballots.
11. In these instances the number of control passes mentioned in this article of the ninth, the number of signatures of voters in the list of voters who received ballots, is an act specifying the decision set the polling station commission the reason for the discrepancy, which is signed by members attend the polling station commission. This act shall have the right to sign the present candidates, their proxies, the official observers. Signatures seal of the commission. After the Commission decided to establish the number of voters that received ballots. This number is announced and entered in the protocol on counting the votes at a polling station.
12. List of voters attached extract from the voter list made in accordance with part three of Article 77 hereof, the statements on which consisted of an extract from the list of absentee certificates, court decision on the inclusion of the voter to the voter list on election day packaged in a separate package. In the package is the inscription "poll", shall indicate the number of territorial districts, polling station number, date and time of packing, the signatures of the members present asked the polling station election commission and the seal of the commission.
13. Control coupons ballots packed. In the package is the message "Target coupons, shall indicate the number of territorial districts, the number of election precincts, the number of control passes packaged, the date and time of packing, the signatures of the members present asked the polling station election commission and the seal of the commission.
14. The local election commission checks or equal to the sum of the number of unused ballots and the number of voters that received ballots, the number of ballots received by the polling station commission. In these instances the data polling station commissions act is fixed by specifying the polling station commission why such differences, which is signed by members present polling station commission. This act shall have the right to sign the present candidates, their proxies, the official observers. Signatures seal of the commission.
15. The local election commission verifies the integrity of seals or seals on ballot boxes.
16. In the event of damage to the ballot boxes seals or stamps or other damage that violate the integrity of the ballot box, is an act specifying the nature of the detected damage, which is signed by members attend the polling station commission. This act shall have the right to sign the present candidates, their proxies, the official observers. Signatures seal of the commission.
17. Ballot box opening the polling station commission in turn. The first portable ballot boxes are opened, used in the voting of voters outside the voting premises, and the last to open, if any, ballot box seals or damaged seals, and other damages identified during the vote.
18. At the opening of ballot box undamaged vysypayetsya its contents on the table, which placed members of the polling station commission, with the box checked in the presence of the control message (for the mobile ballot box - control messages).
19. Ballots from the damaged ballot box vyymayutsya one without mixing them. The local election commission in this count the number of ballots that are in this box. It checked the availability of this message box control to be taken out recently.
20. In the absence of a control box in a polling message The local election commission is in the order established by this Article, act in the absence of a control box the letter, which notes the number of ballots that are in this box. These ballots are not counted when establishing the total number of voters who participated in the voting and counting of votes at.
21. If the opening in the portable ballot box there will be more ballots than that in control letter in the mailbox The local election commission is in the order established by this article, the act of such inconsistency, which indicates the number of ballots that are in this box . These ballots are not counted when establishing the total number of voters who participated in the voting and counting of votes at.
22. In case of doubt about the reliability of control message and other questionable cases the decision on recognition of ballots that are in the polling box, so that will not be taking into account when setting the total number of voters who participated in the vote, and at counting of votes shall polling station election commission by a vote.
23. Ballots that are not subject to the consideration of establishing the total number of voters who participated in the voting and counting of votes in, packaged. In the package is the inscription "Ballots that are not subject to consideration of" shall indicate the number of territorial districts, the number of election precincts, the number of packed ballots, the date and time of packing, the signatures of the members present asked the polling station election commission and the seal of the commission.
24. The election commission counts the total number of ballots, except for ballots, which are not subject to consideration of. When counting ballots determined Election Commission member commission counting the ballots aloud. All items that are not installed by ballot forms, composed separately and not counted. In case of doubt, or is the subject of ballot papers, polling station commissions shall decide the matter by voting. Thus each member of the Electoral Commission has the right to personally inspect the subject. At the time of its review of the ballot counting stopped. Items that are not the ballot, packaged in a separate package. The items include letters and control. In the package is the inscription "Subjects" shall indicate the number of territorial districts, polling station number, date, time, packing, put signatures of the members present polling station election commission and the seal of the commission. Due to the number of counts is the number of voters who participated in the vote. This number is announced and entered General Committee to the Protocol on the count of votes at a polling station.
25. Ballot papers laid on the place, with some signs that both sides contain the names and initials of the candidates, the inscriptions "invalid", "against all". With expansion of ballots determined Electoral Commission, each member of the commission shows the ballot to all members of the commission, vyholoshuyuchy result of the will of voters. In case of doubt about the content of the ballot election commission decides whether to vote. Thus each member has the right to personally inspect the ballot. In a review of the ballot with other work by ballot ends.
26. Considered invalid ballots:
1) where there is no stamp of the polling station election commissions;
2) if listed on the ballot numbers territorial district or polling station does not meet the numbers of territorial district or polling place, which is the counting of votes;
3) which is a surname, and (or) no signature member of polling station election commission who issued it, or contains a signature, a non-member Election Commission that polling station;
4) if the circumstances specified in article eight of the 72 of this Law;
5) If the ballot is made more than one mark against the names of candidates or against the nominations and the text does not support any candidate for the post of President of Ukraine;
6) if you do not put any labels;
7) if not isolation control cards;
8) if not otherwise set the content of the will of voters.
27. In case of doubt on the validity of the ballot question is decided by the polling station commission vote. Thus each member has the right to personally inspect the ballot. In a review of the ballot counting of other ballots stops.
28. Invalid ballots are counted separately. This number is announced and entered General Committee to the Protocol on the count of votes at a polling station. Invalid ballots packed. In the package is the message "Invalid ballots, shall indicate the number of territorial districts, the number of election precincts, the number of invalid ballots packed, date and time of packing, the signatures of the members present asked the polling station election commission and the seal of the commission.
29. The local election commission counts the number of votes cast for each candidate for President of Ukraine, and the number of votes that do not support any candidate for President of Ukraine. During the counting of votes each member has the right to check or transfer the appropriate ballots. Results of counting of votes at a polling station and recorded announced Secretary of the Commission to the protocol of counting the votes at a polling station.
30. The local election commission is obliged to count the votes at a polling station to check whether equal number of voters who vote at a polling station, the sum of quantities of invalid ballots at the polling place, ballots, votes that are presented for each candidate, and number of ballots in which voters did not support any candidate. In these instances the data polling station commissions act is fixed by specifying the polling station commission why such differences, which is signed by members present polling station commission. This act shall have the right to sign the present candidates, their proxies, the official observers. Signatures seal of the commission.
31. Ballots with votes cast for each candidate to the post of President of Ukraine, and ballots in which voters do not support any candidate for President of Ukraine, packaged separately. In accordance packages shall include the name and initials of the candidate, "Do not support any candidate, issue of the territorial district, the number of election precincts, the number of packed ballots, the date and time of packing, the signatures of the members present asked the polling station election commission and the seal of the commission.
Article 79. The precinct electoral commission to count the votes
1. The local election commission at its meeting on the protocol for counting the votes at a polling station in the form established by the Central Election Commission.
2. In the precinct electoral commission to count the votes at a polling station in words and numbers entered:
1) the number of ballots from the polling station commission;
2) the number of voters listed in the list of voters at a polling station;
3) the number of unused ballots;
4) the number of voters that received ballots;
5) the number of voters who vote at a polling station;
6) number of ballots, invalid ballots;
7) the number of votes cast for each candidate for President of Ukraine;
8) the number of voters who did not support any candidate for President of Ukraine.
3. Protocol on the count of votes at the polling place is the polling station commission in the number of copies that four is greater than the number of persons belonging to the polling station commission. Copies of the protocol are numbered and have the same legal force.
4. The protocol for counting the votes at a polling station shall indicate the date and time (hour and minutes) of its signature by the members of the polling station election commission. Each copy must sign the protocol head, vice-chairman, secretary and other members of the precinct election commission who attended the Commission meeting. In the absence of a signature member of the precinct election commission in the record against his name indicates the absence of a signature. Minutes certified by the seal of the polling station commission. The first copy of the protocol have the right to sign the candidates for President of Ukraine, their authorized persons, official observers, who were present at the counting of votes. In the case of their disagreement with the information, specified in the protocol, member of the commission must explain in writing his dissenting opinion, which is attached to the protocol.
Nepidpysannya or denial of a protocol individual members of the commission has no legal consequences for the validity of the protocol. (Part four of Article 79 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
5. Do not fill the protocols of vote counting at polling stations in pencil, as well as making them without a corresponding decision of the commission of any changes.
6. If after signing the protocol of counting the votes at a polling station in the respective constituency polling station commissions found it inaccurate (or clerical error in the figures), it is at the same meeting consider amending it by renouncing the new protocol, which is be marked "Confirmed." This recount of ballots is not done. Minutes marked as "Confirmed" is in the number of copies specified in part three of this article.
7. The first and second copies of the precinct electoral commission to count the votes at the polling place, and if - and appropriate copies of the protocol marked "Corrected" packaged. In the package is the inscription "Protocol on the counting of votes, shall indicate the number of territorial districts, polling station number, date and time of packing, the signatures of the members present asked the polling station election commission and the seal of the commission. Third of the precinct electoral commission to count the votes at a polling station is stored in the Secretary of the polling station election commission, the fourth copy of this protocol immediately posted for public review at the polling station commission, and the remaining one copy of the protocol is given to members of the polling station election commission.
8. Candidates for the post of President of Ukraine, its trustees, official observers who were present at the counting of votes at a polling station, at their request promptly provide copies of articles mentioned in this protocol, certified by the chair and secretary of the polling station election commission and certified with the seal committee, the rate of not more than one copy of each protocol for each candidate and each official observer.
9. On the issue of copies of minutes of counting the votes at the polling place is an act in the form established by the Central Election Commission. In the Act shall include a list of persons who have received copies of the relevant protocol, the number of copies, date and time of receipt of these copies and prostavlyayutsya signatures of these individuals. Certificate signed by the chair and secretary of the polling station commission and sealed the polling station commission. Act packed in a package with the first and second copies of the precinct electoral commission to count the votes at a polling station.
(This article is part of the 79 completed in accordance with the Law N 1616-VI (1616-17) dated 21.08.2009)
10. Packets of the precinct electoral commission to count the votes at a polling station, ballot papers, ballot and control subjects, lists of voters, as well as the presence, some views of the election commission as set forth in writing, acts, statements, complaints and decisions adopted by the Commission immediately after the commission meeting delivered to the district election commission.
Article 80. Recognition of the polling station commission at a polling station null
1. The local election commission may accept a vote at a polling station set invalid if it breaches the requirements of this Act, by which the results can not reliably establish the will of voters. The local election commission may accept a vote at a polling station only valid if the following circumstances:
1) cases of illegal voting (throw the ballot to ballot box by the voter other person, except as provided by part of the seventh article 76 of this Law; voting by persons who do not have the right to vote, voting by persons not included in the list of voters at a polling station or included it arbitrarily; person voting more than once) in an amount exceeding ten percent of the number of voters who vote at a polling station;
2) detection in the ballot boxes of ballots in quantities that exceed by more than ten percent of voters who vote at a polling station;
3) the destruction or damage of ballot box (boxes), which makes it impossible to establish the content of the ballot if the number of ballots exceeds ten percent of the number of voters who vote at a polling station.
2. In the event of circumstances specified in the first part of this article, in each case The local election commission of the act is signed by all present members of precinct election commission and sealed the election commission. Such an act (acts) are the basis for consideration of the polling station commission on recognition at a polling station in the appropriate null and void.
3. If the decision on recognition of Pre-election invalid precinct election commission on the counting of votes at a polling station shall contain only the information specified in paragraphs 1.6 of Part Two of Article 79 of this Law. In place of the other information put a dash. The protocols consist of polling station election commission in accordance with Article 79 of this Law.
4. If the decision on recognition of Pre-election invalid ballots packed. In the package is the inscription "Ballots, shall indicate the number of territorial districts, the number of election precincts, the number of packed ballots, the date and time of packing, the signatures of the members present asked the polling station election commission and the seal of the commission.
5. The decision of the polling station election commission on the ballot at a polling station and void the act under which the decision is taken, added to the protocol of counting the votes at a polling station.
Article 81. Procedure for transportation and transmission of documents to district election commissions
1. Transportation document referred to in Article 79 of the tenth of this law, is head of the polling station election commission or the deputy chairman and two other members of this commission to be representatives of the various candidates, accompanied by an employee of the Interior. Other members of the precinct election commission, candidates, authorized persons, official observers at their request may also accompany the transport of such documents. Maintenance of such documents by other persons is prohibited. While transportation may not unseal documents packages with ballot papers and other documentation.
(Part One of Article 81 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
2. Protocol on the count of votes at a polling station in the respective constituencies and other documents to the polling station commission passed the relevant district election commission at its meeting.
3. Contents protocol count of votes at a special polling station, formed on the vessel, which is election day at sea under the State flag of Ukraine, at polar stations of Ukraine, after the signature of the members of the polling station election commission immediately transferred to the polling station commission by technical means called ' connection to the corresponding district election commission followed by binding to its first and second instances of the protocol of counting the votes at a polling station, other documents specified in Article 79 of the tenth of this Law.
(Part three of Article 81 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
4. Contents protocol count of votes in the overseas polling station after its signature by the members of the polling station election commission immediately transferred to the polling station commission using communications technology to the relevant district election commission followed by binding to its first and second instances of the protocol of vote count voters at a polling station in the relevant central executive bodies in the manner prescribed by the Central Election Commission. Protocols attached to other documents specified in the tenth article 79 of this Law.
(Part four of Article 81 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 82. Procedure for adoption and review documents of polling station commissions district election commission
1. Since the end of the voting district election committee begins meeting to be extended continuously to the tabulation in a territorial constituency. At this time, members of district election commission may not encouraged to perform other functions besides participation in the Commission meeting.
2. Meeting district election commission referred to in the first part of this article, issued a protocol of continuous session, which must sign a president, vice-chairman, secretary or committee member who served at this meeting as Secretary, and other members of district election commissions, which attended the Commission meeting. Added to the protocol (if any) individual views of the committee members who participated in the meeting and disagree with the decision taken by the Commission.
In the case of their disagreement with the information, specified in the protocol, member of the commission must explain in writing his dissenting opinion, which is attached to the protocol.
Nepidpysannya or denial of a protocol individual members of the commission has no legal consequences for the validity of the protocol. (Part Two of Article 82 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
3. At the beginning of the meeting of district election commission, said in the first part of this article, the commission lists, repay and packs unused ballots, which are before election day, including stored at the district election commission. These actions are performed in the manner specified in the seventh article 78 of this Law.
4. At the meeting of district election commissions are accepted, reviewed and announced the precinct election commissions on the outcome of the vote in the respective polling stations, as well as other documents transferred to local election commissions, provided part of the tenth article 79 of this Law. Time adoption of District Election Commission the precinct election commission, the list of adopted and entered into the protocol information recorded in the minutes of meeting of the district election commission.
(Part four of Article 82 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
5. In making the district election commission the precinct electoral commission to count the votes at a polling station in the respective district are included in the information he declared.
6. In case of detection in the precinct electoral commission to count the votes at the polling place changes, errors, inaccuracies election commission's decision may require precinct election commission to amend the Protocol in accordance with the sixth article 79 of this Law. In considering this question the polling station commission submitted to the district election commission copies of the protocol on counting the votes at a polling station and annexed documents stored in the district election commission.
7. The local election commission shall within the period specified district election commission to consider amendments to the protocol without transfer papers. Minutes marked "Corrected" transported and transferred to district election commissions in accordance with Article 81 of this Law.
8. If you have complaints, declarations, issued under the acts, composed by the candidates, their proxies and the official observers of violations of this law during the voting and (or) the counting of votes at a polling station that questioned the results of counting of votes on this precincts, election commission may decide to hold a re-counting of votes at a polling station.
9. In the case of an act or written statements of persons referred to in the first part of Article 81 of this Law, the violation of this law during transport protocols on the count of votes at a polling station and other documents to the district election commission election commission may, and if available signs rozpechatuvannya contents of packed documents must decide on the re-count the votes at that station.
10. Minutes of the counting of votes at a polling station and other documents to the polling station commission for the re-counting of votes at the polling district election commission is stored at the district election commission meeting.
11. Re-count of votes in the polling district election commission is required with the participation of members of precinct election commission, which transmit election documents, after consideration and adoption of protocols and other documents from all the polling station commissions. In the second district election commission counting the votes at a polling station are entitled to participate all members of the precinct election commission, and may be present candidates, their proxies, the official observers.
12. District Election Commission in case of re-counting her votes on this section of the protocol on the re-count of votes in the respective polling station in the form established by the Central Election Commission.
13. Minutes of the re-count of votes in the respective polling district election commission consisting of the number of copies of four more than the number of persons who are members of district election commissions. Copies of reports are numbered and have the same legal force. Each copy must sign the protocol head, vice-chairman, secretary and other members of district election commission, who attended the Commission meeting, and members of precinct election commission who participated in the re-count. Each copy of the minutes certified by the seal ring Election Commission. Data protocols are advertised. The first copy of each protocol have the right to sign the candidates, their proxies, official observers, who were present at the counting of votes. In the case of their disagreement with the information, specified in the protocol, member of the commission must explain in writing his dissenting opinion, which is attached to the protocol.
Nepidpysannya or denial of a protocol individual members of the commission has no legal consequences for the validity of the protocol. (Part of the thirteenth article 82 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
14. In the event of the re-counting of votes election commission in the respective polling circumstances specified in the first paragraph of Article 80 of this Law, or other circumstances because of which it is impossible to reliably establish the results will of the voters at the polling station election commission can decide on the recognition Pre-election invalid. In this case, the protocol of re-counting the votes at this polling station is in the order specified in the twelfth and thirteenth parts of this article, and should only contain the information specified in accordance with paragraphs 1.6 of Part Two of Article 79 of this Law.
15. The first copy of the protocol district election commission on the re-count of votes in the respective polling station together with the relevant precinct election commission to count the votes at a polling station, the decision of the district election commission on the ballot at the polling invalid according to the protocol annexed district election commission on the outcome vote in the territorial constituency. The second copy of the protocol district election commission on the re-count of votes in the respective polling station stored in the General district election commission, the third - is transmitted polling station election commission, the fourth - just posted for public review at the district election commission and the remaining one copy is given to members of the ring Electoral Commission. Information Protocol district election commission on the re-count of votes in the respective polling station announced.
16. Candidates for the post of President of Ukraine, its trustees, official observers who were present during the second count, at their request promptly provide copies of articles mentioned in this protocol, certified by the chair and secretary of district election commission and certified with the seal committee, at a rate of not more than one copy of each protocol for each candidate and each official observer.
Article 83. Tabulation in the territorial election district
1. District Election Commission after the adoption and consideration of the precinct election commissions on the counting of votes at polling stations, including those marked "Adjusted" under the protocols of district election commissions on the counting of votes at polling stations and reported the contents of such reports of local election commissions transferred using communications technology to the special polling stations established for vessels that are on election day at sea under the State flag of Ukraine at the polar stations of Ukraine, and polling stations, and in case of re-counting of votes - the ring protocol Election Commission to re-count of votes in the respective polling station shall set:
(Part of the first paragraph of Article 83 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
1) the number of ballots received by the district election commission;
2) the number of ballots outstanding district election commission;
3) the number of ballots from polling commission territorial district;
4) the number of voters included in voter lists at polling stations territorial district;
5) the number of unused ballots;
6) the number of voters that received ballots;
7) the number of voters who participated in the voting within the territorial district;
8) the number of ballots, invalid ballots;
9) the number of votes cast for each candidate for President of Ukraine;
10) the number of voters who did not support any candidate for President of Ukraine.
2. Information on the outcome of voting within the territorial district numbers and words recorded in the protocol district election commission on the outcome of voting in territorial election district. The information referred to in paragraphs 3.10 of this Article, shall be made as to each polling station, which is part of the territorial election district, and the aggregate of the territorial district.
3. Protocol on the outcome of voting in territorial election district is the district election commission in the number of copies of three larger than the number of persons who are members of district election commissions. Copies of the protocol are numbered and have the same legal force.
4. Do not complete the protocol on the outcome of voting in territorial election district in pencil, as well as making it without the corresponding district election commission decision of any changes.
5. Protocol on the outcome of voting in territorial election district must sign the president, vice-chairman, secretary and other members of district election commission, who attended the Commission meeting. Protocols certified seal of district election commissions. In the case of their disagreement with the information, specified in the protocol, member of the commission must explain in writing his dissenting opinion, which is attached to the protocol.
Nepidpysannya or denial of a protocol individual members of the commission has no legal consequences for the validity of the protocol.
The protocol shall include the date and time (hour and minutes) of its signature member district election commission. In the absence of a signature member of the district election commission in the record against his name indicates the absence of a signature. The first copy of the protocol have the right to sign the candidates, their proxies and official observers, who were present at the tabulation in the territorial election district. If after the signing of this protocol to send it to the Central Election Commission, election commission found errors in it (or clerical error in the figures), it is at its meeting consider amending the Protocol, by renouncing the new protocol, which is marked "Adjusted" . Minutes marked "Adjusted" is made and signed in the manner and number of copies under this Article.
(Part Five of Article 83 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
6. The first copy of the protocol district election commission on the outcome of voting in territorial election district, and if amendments to the Protocol - and the protocol, which was mistake (or clerical errors in the figures), together with the relevant protocols and acts of local election commissions decisions taken under those acts, and, if any, protocols district election commission on the re-count of votes in the respective polling place within the territorial election district, the individual views of district election commissions set forth in writing, statements and complaints of violations of circles Election Commission of the tabulation in the territorial election district and the decisions taken by the district election commission on the results of their review, the district election commission immediately transports to the Central Election Commission, the second copy of the protocol is stored in the district election commission, the third - immediately posted for public review in building district election commission and the remaining one copy is given to members district election commission.
(Part six of Article 83 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
7. Candidates for the post of President of Ukraine, its trustees, official observers at their request, promptly issued a copy of the protocol district election commission on the outcome of voting in territorial election district and, if available, the protocol re-count of votes in the respective polling station at a rate of one copy each protocol for each candidate and each official observer.
8. County election commission is obliged to set up voting in territorial election district no later than the fifth day after the election regardless of the number of polling stations in the respective district for which a decision on the recognition of voting at polling invalid. Recognition of invalid voting in territorial election district is prohibited. Protocol on the outcome of voting in territorial election district immediately after the signing transported to the Central Election Commission.
(Article 83 amended part of the eighth according to the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 84. Installing the elections of President of Ukraine
1. Central Election Committee at its meeting within ten days but not later than three days after the receipt of all reports of district election commissions on the results of voting within the respective territorial electoral districts establish the voting results on election day the President of Ukraine, which is protocol.
Central Election Commission may extend not more than one day of the deadline if necessary to provide the district election commission time to view the protocol is marked "Adjusted."
In case of failure to the Central Electoral Commission within the period provided by law, the protocol of the district election commission tabulation (including refined) Central Election Commission sets the election results in this constituency on the basis of the existing protocols of district election commissions.
The protocol on voting results on election day the President of Ukraine shall be entered in words and figures following:
1) made of ballots;
2) the number of ballots received by the district election commissions;
3) the number of ballots from local election commissions;
4) the number of voters listed on the voter lists at polling stations;
5) the number of unused ballots;
6) the number of voters that received ballots;
7) the number of voters who participated in the vote;
8) the number of ballots, invalid ballots;
9) the number of votes cast for each candidate for President of Ukraine;
10) percent of the votes cast for each candidate for President of Ukraine, in relation to the number of voters who participated in the vote;
11) the number of voters who did not support any candidate for President of Ukraine;
12) the percentage of votes that do not support any candidate for President of Ukraine, in relation to the number of voters who participated in the vote.
(Part One of Article 84 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
2. Information on the outcome of the vote in numbers and words are recorded in the minutes of the Central Election Commission on the outcome of voting on election day the President of Ukraine. The information referred to in paragraphs 2-12 of this Article, shall be made as to each territorial constituency and the aggregate of the national constituency. Report on results of voting on election day, the President of Ukraine must sign chairman, deputy chairman, secretary and other members of the Central Election Commission, who attended the Commission meeting. Protocols certified by the seal of the Central Election Commission. In the case of their disagreement with the information, specified in the protocol, member of the commission is entitled to put in writing his dissenting opinion, which is attached to the protocol.
Nepidpysannya or denial of a protocol individual members of the commission has no legal consequences for the validity of the protocol. (Part Two of Article 84 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
3. Elected on the day of presidential elections in Ukraine is the candidate who received votes in the elections more than half of voters who participated in the vote. On the election of President of Ukraine Central Election Commission shall draw up a protocol. The protocol of the Central Election Commission on the outcome of voting on election day while the President of Ukraine shall indicate the name and initials of the candidate, who under the law elected President of Ukraine.
(Part three of Article 84 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
4. If the ballot to vote on election day included no more than two candidates for President of Ukraine and the voting results on election day the President of Ukraine, no candidate was elected in accordance with part three of this article, the Central Election Commission under paragraph 1 of Part Four Article 15 of this Law shall decide on the appeal to the Verkhovna Rada of Ukraine on the submission of a repeat presidential election in Ukraine, as outlined in the protocol on the outcome of voting on election day the President of Ukraine.
5. If the ballot to vote on election day included more than two candidates for the post of President of Ukraine and the voting results on election day the President of Ukraine, no candidate was elected in accordance with part three of this article, the Central Election Commission decided to hold a repeat vote as outlined in the protocol on the outcome of voting on election day the President of Ukraine.
6. Reporting the results of voting on election day the President of Ukraine and the Central Election Commission adopted on the basis of voting decisions, provided parts of the third, fourth or fifth this article, published it in newspapers "Voice of Ukraine" and "Governmental Courier" no later than on the third day after signing a protocol on voting results.
7. Complaints relating to the preparation and holding of presidential elections in Ukraine, on decisions, actions or inactivity of election commissions and their members, government, local governments, enterprises, institutions and organizations, their officials and officers, the acts and actions at ' unions of citizens, except those under the law, the statute (regulations) of citizens within their internal organizational activities, or their exclusive competence, actions and inaction of the media, their officials and officers, as well as other subjects of election process on election day and subsequent days of the election process to the Central Election Commission is not given. In case of receipt of these complaints remain the Central Election Commission without consideration. Submission of such claims does not preclude the establishment of the results of presidential elections in Ukraine and their ads.
(Article 84 amended part of the seventh according to the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 85. Revote
1. Revote is appointed by the Central Election Commission on the third Sunday after election day.
2. Before the ballot for re-ballot included two candidates for the post of President of Ukraine, who ultimately vote on election day got the most votes.
3. If one of the candidates included in the ballot for re-vote, not later than ten days prior to the re-vote to withdraw his candidature by submitting a written application to the Central Election Commission and Central Election Commission decided to cancel the registration of candidates included in the ballot for re-vote, the Central Election Commission decided to delay the inclusion in the ballot a candidate for the next number from election day votes.
4. If a candidate submitted to the Central Election Commission written notice of withdrawal of his candidacy on ballot and the Central Election Commission decided to cancel the registration of candidates included in the ballot for re-vote later date specified in part three of this article, or otherwise not candidates that could be included in the ballot for re-voting deputies, repeated voting is held on one candidate.
5. For the re-vote in presidential elections in Ukraine Central Election Commission no later than ten days prior to the re-vote on the submission of candidates for the post of President of Ukraine, which are included in the ballot for re-vote, creates a new composition of district election commissions in the number of fourteen persons - by seven people from each candidate included in the ballot for re-vote.
6. Candidates for the post of President of Ukraine, which included the ballot for re-vote, no later than twelve days prior to the re-vote to make the Central Election Commission for submission of nominations to the district election commissions in the form established by the Central Election Commission.
7. When the distribution of managerial positions in the district election commissions Central Election Commission provides each candidate for President of Ukraine equal number of positions of chairman and the secretary of district election commissions (with the possible deviation from the equal number of not more than one office under the commission chairman or secretary). Chairman and secretary of district election commission can not be representatives of one candidate for President of Ukraine.
8. District Election Commission no later than five days prior to the re-vote on the submission of candidates for the post of President of Ukraine, which are included in the ballot for re-vote, creates a new composition of the precinct election commission in the amount of sixteen people - for eight persons from each candidate included in the ballot for re-vote.
9. Candidates for the post of President of Ukraine, which included the ballot for re-vote, no later than eight days prior to the re-vote to make a district election commission regarding the submission of nominations to the polling station commissions.
10. In the event that is offered to the relevant election commissions of candidates is less than established in this Law, the relevant election commission formed in an amount which corresponds to the number of submitted nominations. The candidate who is not used to submit a set number of nominations to the appropriate election commission may submit such nominations no later than two days before the repeat voting.
11. When the distribution of managerial positions in the local election commissions election commission provides for each candidate for President of Ukraine equal number of positions of chairman and secretary of the polling station election commission (with the possible deviation from the equal number of not more than one office under the commission chairman or secretary). Chairman and secretary of the polling station election commission can not be representatives of one candidate for President of Ukraine.
12. The decision to disband election commission member shall simultaneously with the decision on the inclusion of the relevant election commission another representative of the same candidate.
13. Voting, counting of votes and tabulation in the case of repeated voting conducted in accordance with Article 75-83 of this Law.
14. Polls of voters at polling stations abroad to organize and conduct polling station commissions in the same stock that was at the voting day. In the case of disposal of the individual members of these commissions new applications for their part are not included.
15. Central Election Committee at its meeting on the basis of reports of district election commissions on the results of the repeat voting within the respective territorial electoral districts no later than the tenth day of the repeat voting establishes and announces a re-vote in presidential elections in Ukraine, which is protocol.
16. If the ballot for re-vote was made two candidates, elected President of Ukraine for the repeat voting is the candidate that the outcome of repeat voting received more than the other candidate, the number of votes, who participated in the vote.
17. If the ballot for re-vote was included in only one candidate, the candidate is elected President of Ukraine, where he received more than half the votes that took part in the vote.
18. If the re-vote, both candidates colleagues, took the same number of votes or if the vote was conducted by one candidate and it has more than half the votes that took part in the voting, the election of President of Ukraine are considered failed.
(Article 85 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 86. The official announcement of election results
1. Central Election Committee at its meeting to announce results of presidential elections in Ukraine, as noted in the minutes of meeting of the commission, indicating name, surname, patronymic elected president of Ukraine, his year of birth, profession, position (occupation), employment, residence, party affiliation , the subject of the nomination.
2. The official announcement of the results of presidential elections in Ukraine is presiding at the meeting, the announcement of the Central Election Commission results of presidential elections in Ukraine. Extract from the minutes of the Central Election Commission official announcement by the Central Election Commission results of presidential elections in Ukraine is a reason for dismissal (positions) are not compatible with the occupation of the post of President of Ukraine, and the decision to terminate the mandate of the representative of the person elected President of Ukraine.
(Article 86 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 87. Acquisition of office the President of Ukraine
1. The newly elected President of Ukraine assumes office no later than thirty days after the official announcement of election results.
2. Newly elected President of Ukraine takes office after taking the oath Ukrainian people at a ceremonial session of the Verkhovna Rada of Ukraine.
3. After taking the oath to the Central Election Commission presented the newly elected President of Ukraine President of Ukraine certificate.
Article 88. Keeping the election and other documents and valuables
1. Central Election Commission after the official publication of results of presidential elections in Ukraine election broadcasts and other documentation relevant to the central state archival institutions, and county election commissions - to the relevant local government archival institutions.
2. List of election and other documents to be deposited in public archival institutions, and order the transfer to these institutions are determined by the Central Election Commission in consultation with the specially authorized central executive body in the field of archives.
3. Local authorities and local governments after the termination of the district and county election commissions must preserve the ballot boxes, voting booths, seals, stamps, these commissions of literature that they provided for the period of the electoral process.
4. The protocols of election commissions on the count of votes at polling stations on the outcome of voting in territorial constituencies, ballot papers, papers coupons ballots, voter lists, the acts, statements, complaints about violations of this law during the voting and counting of votes, other protocols and decisions of electoral commissions are stored in the local state archival institutions within three years after the official publication of results of presidential elections in Ukraine, and then removed in due course.
5. Public archival institutions provide access to documentation election presidential elections in Ukraine in accordance with the legislation of Ukraine.
Section XI
Again, a special election PRESIDENT OF UKRAINE
Article 89. Features of the preparation and conduct re-election
1. Grounds for order of appointment and terms of re-election of President of Ukraine shall be determined in accordance with the fourth part of Article 15, part three of Article 16 and parts of the seventh - ninth article 17 of this Law.
2. Re-election of President of Ukraine held the same district and divisional election commissions at the same polling places that operated during the last regular (early) elections. If necessary changes in the composition of election commissions are made in the manner provided by this Law.
3. In a re-election of President of Ukraine the lists consist of the use of voter lists that were used during the last regular (early) presidential elections in Ukraine. Refine the lists of voters conducted in the manner provided by this Law.
4. The nomination of candidates begins on the day after the election process and ending with fifty-five days prior to the re-election. Submission of documents to the Central Election Commission for registration of candidates ends fifty days prior to the re-election. Re-submission of documents in accordance with the third and fourth parts of Article 52 of this Act expires on forty-five days prior to the re-election.
(Part five of article 89 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
6. Nominations to the district election commissions completed for eighty days before election day to polling station commissions - for thirty-five days before election day. county election commissions are formed not later than seventy days before election day, precinct election commissions (except for exceptional cases mentioned in the sixth article 24 of this Act) - not later than thirty-three days before the election.
Article 90. Features of the preparation and holding of early presidential elections in Ukraine
1. Grounds for order of appointment and terms of holding early presidential elections in Ukraine are determined in accordance with the third paragraph of Article 15, second part of Article 16 and parts of the fourth - sixth article 17 of this Law.
2. For early presidential elections in Ukraine used territorial constituencies, created for the previous presidential election in Ukraine.
3. The polling stations for re-election (other than exceptional cases mentioned in Article 20 of the tenth of this Act) shall be formed no later than fifty days before the election in the manner prescribed by this Law.
4. District election commissions shall be formed no later than seventy days before the election in the manner prescribed by this Law, the submission of the parties (blocks) made to the Central Election Commission no later than eighty days before the election.
5. Precinct election commissions (except for exceptional cases mentioned in the sixth article 24 of this Act) shall be formed no later than thirty-three days before the election in the manner prescribed by this Law. Filing of nominations to the polling station commissions made to the district election commission for thirty-five days before election day.
6. The nomination of candidates begins on the day following the day referred to in paragraphs 1-4 of the fourth paragraph of Article 17 hereof, and ending with fifty-five days before a special election. Submission of documents to the Central Election Commission for registration of candidates ends fifty days before the upcoming elections. Re-submission of documents in accordance with the third and fourth parts of Article 52 of this Act expires on forty-five days prior to the re-election.
(Part of the seventh article 90 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
(Part of the eighth article 90 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
9. At the special polling stations abroad, and the lists are composed in the manner provided in Articles 36, 36-1 hereof.
(Part ninth article 90 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
10. Election campaign starts in thirty-five days before early elections and conducted in the manner prescribed by this Law.
11. Form and text of the ballot to vote on early elections to be approved by the Central Election Commission no later than thirty days before election day.
Section XII
APPEALING DECISIONS, ACTIONS OR ENTITIES INACTIVITY
ELECTION PROCESS. LIABILITY FOR BREACH
ELECTION LAW
ELECTION PROCESS. LIABILITY FOR BREACH
ELECTION LAW
Article 91. Subjects appeal of complaint
Subject of a complaint appeal in the cases stipulated by this Law may be a candidate for President of Ukraine, the party (bloc) - subject of the election process, electoral commission and voter, voting rights or legally protected interests is to participate in the electoral initiated the decision process, act or omission of the subject appeal. On behalf of the candidate for President of Ukraine addresses the subject of the complaint may also be his confidant.
Article 92. And entities subject to appeal
Complaints relating to the appointment, training and conduct of presidential elections in Ukraine may be submitted for decision, action or inaction of election commissions and their members, Action candidates in Ukraine, their authorized representatives.
(Article 92 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 93. Subjects of complaints
1. Complaint referred to in Articles 91 and 92 of this Law shall be considered relevant election commission under this and other laws of Ukraine.
2. Should the court a claim on the same subject and for the same reason, that is the subject of the complaint the relevant election commission, election commission of such an obligation to stop consideration of the complaint until the entry to the court null and void. The court shall notify the appropriate election commission and fee income on higher-level action not later than the day the complaint.
3. If the Election Commission in considering complaints finds it necessary to audit referred to in the complaint case law enforcement agencies and relevant authorities on the appeal of the election commission check these facts and take appropriate measures to eliminate violations of the law within three days after receiving treatment, and if treatment received at least three days before voting on election day or the next day for him - urgently.
(Article 93 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 94. Terms of appeal
1. Complaint referred to in Articles 91 and 92 of this Law may be filed within five days after the day the decision, an action or inaction, except as specified in the third and fourth parts of this article.
(Part One of Article 94 as amended by the Law N 1616-VI (1616-17) dated 21.08.2009)
2. Inaction, which can be appealed under this Act shall be deemed committed on the last day of the term in which was to be but was not committed appropriate action.
3. Complaints about violations that took place before the voting day may be filed not later than the end of the day preceding the day of early voting.
4. Complaints about violations that occurred on election day, may be submitted to the Electoral Commission, which allowed the violation, not later than the end of voting and the election commission to a higher level or to the court - not later than twenty-fourth hour of the day following the day of voting in procedure established by this Law.
(Part four of Article 94 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
5. Deadline for complaints extension or renewal is not. Change or clarify the requirements of the complainant during the complaint in the election commission or in court, due to the discovery of circumstances unknown to earlier treatment of the subject complaint does not constitute a new complaint and can not be established term limits.
Article 95. Form and content of complaints
1. Complaint to the Election Commission or the court filed in writing.
2. Complaints submitted to the Election Commission or the Court shall include:
1) the name of the election commission or court to which (is) it is filed;
2) first name and patronymic, place of residence of citizen of Ukraine or the exact name and location (official address) election commission or the party (bloc) - the complainant;
3) the name of the subject appeal and its mailing address;
4) violated the essence of matter;
5) a statement of the circumstances and evidence indicate that the complainant justifies their demands;
6) clearly defined requirements;
7) a list of documents and materials included;
8) an indication of the interested parties, which subject of the complaint considers it necessary to bring to the complaint;
9) the signature of the complainant (the representative of the legal person - the applicant) stating the date of signature.
3. Complaint signed by the person who submits. If the complaint on behalf of the candidate for President of Ukraine filed its proxy, the declaration also shall state the name and patronymic, place of residence or location (postal address), the type and number of communications candidate for whom she filed and certified in accordance with legislative requirements document certifying the authority of the person who submits. A complaint that is filed on behalf of the Electoral Commission or the party (bloc), signed by its head (the head) or other authorized person that signed by the signature stamp of the election commission or the party (parties, members of the unit).
4. The complaint included a copy in an amount equal to the number of subjects appeal and interested persons referred to in the complaint.
Article 96. The order and timing of complaints
1. Complaint Procedure established by the Central Election Commission Election Commission. Complaints election commissions by inviting the subject of the complaint and the appeal subject to appeal.
2. Happy complaint is the day of actual receipt of the complaint subject of the complaint.
3. Complaint, issued without complying with the requirements of Article 95 of this Law, the subject of the complaint is returned (representative of a legal person - the subject of complaint) with an explanation not later than the day after the complaint and filed before the day of vote or the next day - without delay.
4. Abuse is considered in two days from the date of receipt, but for the violations that took place before the voting day - no later than the end of the day preceding the day of voting, and for violations that occurred on election day - no later than one hour to vote.
5. The time and place of the complaint subject of appeal and other interested persons may be notified recommended telegrams, faxes, mass e-mail. Is allowed to post the subject of appeal and persons concerned about the time and place the complaint on the phone with the fixation of such an official to the subject of the complaint a separate written certificate which is attached to the case (the protocol).
6. Election commissions, courts and law enforcement agencies organize their work during the election process, including the weekend and on election day, so as to ensure the reception and consideration of complaints in terms and in the manner established by this Law.
(Article 96 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 97. Evidence
1. Evidence on which the Election Commission in its consideration of the complaint establishes the presence or absence of circumstances which are based on the requirements of the subject appeal and objections of interested persons, may be:
1) written documents and materials that contain information about the circumstances that are relevant to the complaint;
2) written explanations election process, officials and officers of the executive authorities, local governments, enterprises, institutions, and organizations received the request for election commission members pursuant to the Commission's powers;
3) written and material evidence;
4) expert.
2. Electoral Commission takes review only the evidence relevant to the complaint.
3. Circumstances (facts) to prove that the law established some means of proof, not to have to be other means of proof.
4. Written evidence submitted in original or duly certified copy. If given a copy of the written evidence, subject of the complaint may require the submission of the original.
5. Electoral Commission evaluates the evidence in the light of their research together, guided by the law. No evidence does not have a predetermined force, except the facts established by a judicial decision that has come into legal force.
Article 98. Solutions for the consideration of complaints
1. The subject of the complaint, finding that decisions, actions or inaction of the subject of appeal do not comply with the law on elections of President of Ukraine, meets a complaint to revoke the decision in whole or in part, acknowledges the improper acts or omissions, subject to appeal to satisfy the binding requirements applicant or others affected by restore voting rights of citizens rights and legitimate interests of the electoral process, or requires a subject to appeal and (or) another body, the party (bloc), mass media, official or officer provided to laws governing the organization and conduct presidential elections in Ukraine, actions arising from the fact of cancellation of the decision, recognizing the disputed action or inaction illegal.
2. In case of cancellation by a court decision of the appropriate election commission, including the question of recognition at a polling station to be invalid, setting up and voting results, the decision thereon shall Election Commission, whose decision was reversed or election commission on higher-level court decision. This election commission can not decide which essentially repeats the decision aside by the court.
3. Electoral Commission on the basis of higher-level appeal, the court may revoke the decision of Election Commission and lower level decision on the merits or require a lower level election commission to reconsider the question raised.
4. The subject refuses to consider a complaint if it determines that the appealed decision, act or omission done in accordance with law and within the powers provided by law.
5. A copy of the decision the subject of the complaint given to the subject application, subject to appeal, and other stakeholders, and sent to the relevant election commissions and others on the day of decision (declaration) of such a decision.
6. Court of first instance shall become null and void after the expiration of appeal.
Article 99. Appeal to court
1. Proceedings in the separate categories of cases in courts and procedure for reviewing and appealing decisions are determined by the Code of Administrative Procedure of Ukraine (2747-15), taking into account the peculiarities of this law.
2. Before the court can be appealed:
1) decisions, actions or inaction of the executive authorities, local governments, enterprises, institutions and organizations, their officials and officers - the location of the body, enterprise, institution, institutions, organizations, official (official) person decision acts or omissions which appealed in the manner provided in Article 174 of the Code of Administrative Procedure of Ukraine (2747-15);
2) acts or actions of the parties (blocks) - the subjects of the electoral process, civil associations, except those under the law, the statute (regulations) of citizens within their internal organizational activities, or their exclusive competence - the location body of citizens, electoral bloc, acts or actions which are appealed in the manner provided in Article 175 of the Code of Administrative Procedure of Ukraine (2747-15);
3) action or inaction of the media, their owners, officers and officials, artists - the location of media, actions or omissions which appealed in the manner provided in Article 174 of the Code of Administrative Procedure of Ukraine (2747-15);
4) decisions, actions or inaction of election commissions, including the decision of the Central Election Commission to establish the election results in the manner provided in Article 172 of the Code of Administrative Procedure of Ukraine (2747-15).
3. The actions of the candidates for President of Ukraine, the parties (blocks) - the subjects of the electoral process, their trustees appealed to the Kiev appeal administrative court.
4. Powers Court, established by Article 117 of the Code of Administrative Procedure of Ukraine (2747-15), can not be applied by courts to disputes concerning the appointment, training and conduct of presidential elections in Ukraine.
5. The court shall consider and decide administrative cases determined by this Law within two days after the end of the polling station.
6. Claims not considered by the court within the time specified in part five of this article shall remain without consideration.
(Article 99 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
Article 100. Subjects appeal a claim to court for individual categories of cases
1. The Electoral Commission, a candidate for President of Ukraine, the party (bloc) - subject of the election process, voters, legal rights or legally protected interests are affected, have the right to appeal decisions or actions of citizens, electoral bloc, its official or authorized representative concerning the electoral process, except for those decisions or actions, which according to law, charter (provision) of citizens belonging to its internal organizational activities or its exclusive competence.
2. Candidate for President of Ukraine, the party (bloc) - subject of the electoral process or the election commission shall have the right to appeal to the court or to the appropriate election commission action or inaction of the media, their owners, officials and officers who violate the statutory procedure of the media during the electoral process, including the election campaign, including the requirements of their rebuttal published false information about a candidate or party (bloc), which nominated a candidate.
3. Candidate for President of Ukraine, the party (bloc) - subject of the election process have the right to take action against another candidate for the post of President of Ukraine, its trustee, if these actions aimed at violations of the established law put forward a candidate of the campaign, other violations of their rights or voting rights. The voter has the right to take action against the candidate for President of Ukraine, its trustee, if these actions violate the electoral law.
4. Election process has the right to appeal against decisions, actions or inaction of the election commission, a separate election commission member.
(Article 100 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
(Article 101 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
(Article 102 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
Article 103. Features of appeal against actions of the candidates for President of Ukraine, their authorized representatives
1. Candidate for President of Ukraine, the party (bloc) - subject of the election process have the right to take action against another candidate for the post of President of Ukraine, its trustee, if these actions aimed at violations of the established law put forward a candidate of the campaign, other violations of their rights or voting rights.
2. The voter has the right to take action against the candidate for President of Ukraine, its trustee, if these actions violate the electoral law.
(Part three of Article 103 is excluded on the basis of Law N 1616-VI (1616-17) dated 21.08.2009)
Article 104. Features of appeal decisions, actions or inactivity of election commissions
1. Election process may appeal the decision, act or omission of the election commission, a separate election commission member.
2. Decisions, actions or inaction of the polling station election commission and its members appealed to the district election commission or to the administrative court at the location of the polling station commission.
(Part Two of Article 104 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
3. Decisions, actions or inaction of the district election commission or a member of such committee appealed to the Central Election Commission or the county administrative court at the location of district election commission in the manner prescribed by this Law.
(Part three of Article 104 as amended by Law N 1616-VI (1616-17) dated 21.08.2009)
4. Consideration of complaint decisions, actions or inaction of the election commission or its members does not exclude the involvement of its individual members to administrative or criminal responsibility in the manner provided by law.
5. Decisions on appeals of election disputes is final and without appeal. The decision of the Supreme Administrative Court of Ukraine regarding complaints election results are final and not subject to review on appeal or cassation.
(Article 104 completed the fifth part in accordance with the Law N 1616-VI (1616-17) dated 21.08.2009)
Article 105. Responsibility for violations of the law on elections of President of Ukraine
Persons guilty of violating the law on elections of President of Ukraine, are brought to criminal, administrative or other responsibilities in the manner prescribed by law.
Chapter XIII
MISCELLANEOUS
1. This Law shall come into force after its official publication.
2. For purposes of this Act residence the person is determined according to the Law of Ukraine "On freedom of movement and free choice of residence in Ukraine (1382-15).
3. Before bringing the legislation of Ukraine in conformity with this Law, other laws and regulations applicable to the extent not inconsistent with this Law.
4. Cabinet of Ministers of Ukraine within one month after the promulgation of this Law:
prepare and submit to the Verkhovna Rada of Ukraine proposals on amending the laws of Ukraine in accordance with this Law;
bring its regulations into conformity with this Law;
To ensure that the regulations stipulated in this Law;
ensure review or cancellation by ministries and other central executive authorities of their normative and legal acts that contradict this Law.
5. Central Election Commission:
brought within one month after publication of this Law, its acts in accordance with this Law;
ensure that acts of this law.
President of Ukraine Leonid Kuchma Kyiv, March 5, 1999 |
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