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Unofficial translation courtesy of the OSCE Project Co-ordinator in Ukraine

LAW OF UKRAINE

ON ELECTIONS OF PEOPLE’S DEPUTIES OF UKRAINE

The editorial version of the Law №2777-IV from 07.07.2005 (with changes, introduced according to the Laws №3099-IV from 17.11.2005, №3368-IV from 19.01.2006, №3437-IV from 09.02.2006, №3519-IV from 14.03.2006, №1114-V from 01.06.2007)

(Amendments, introduced by the Law from 01.06.2007, are effective from the beginning of electoral campaign for pre-term election to the Verkhovna Rada of Ukraine, called according to part two of article 82 of the Constitution of Ukraine (under the circumstances of existing juridical confirmation of incompetence of Verkhovna Rada of Ukraine), but not earlier than in 60 days after the publication of this Law)

Chapter I

GENERAL PROVISIONS

Article 1. Basic Principles of the Elections of People's Deputies of Ukraine

1. The citizens of Ukraine shall elect people's deputies of Ukraine (hereafter: deputies) on the basis of universal, equal and direct suffrage in a secret vote.

2. The numerical composition of the Verkhovna Rada of Ukraine shall be determined by the Constitution of Ukraine.

3. Deputies shall be elected on the principles of a proportional electoral system with deputies elected in a multi-mandate nationwide constituency (hereafter: the nationwide constituency) according to electoral lists of candidates (hereafter: electoral lists) from political parties or electoral blocs of political parties (hereafter: parties (blocs)).

4. Parties (blocs) that according to the results of the vote in the elections of deputies obtained no less than three per cent of the votes of voters, who took part in the voting shall take part in the distribution of deputy mandates.

Article 2. Universal Suffrage

1. The elections of deputies are universal. Citizens of Ukraine who reached the age of eighteen by the day of election are granted suffrage rights in the elections of deputies.

2. The inclusion of a voter into the voter list in an election district is a precondition for a voter to exercise his/her voting rights in the elections.

3. A document that certifies a voter’s person and Ukrainian citizenship in the elections of deputies is:

1) a passport of a citizen of Ukraine;

2) a temporary ID card of a citizen of Ukraine (for persons who were granted Ukrainian citizenship recently);

3) a military service card (exclusively for servicemen serving a mandatory conscription period);

4) a card (a certificate) issued by a institution of the penitentiary system which must contain the person’s full name, date, month and year of birth, citizenship, and photo, certified by the signature of the head of the institution and the seal of the institution (for persons who are kept in institutions of the penitentiary system);

5) a foreign travel passport of a citizen of Ukraine;

6) a diplomatic passport;

7) a service passport;

8) a seaman’s ID.

4. The documents indicated in sub-paragraphs 1-3 of paragraph three of this article is a precondition for receiving a ballot paper and may be used in ordinary and special polling stations polling stations.

5. The document indicated in paragraph 4 of part three of this article is a precondition for receiving a ballot paper and may be used in a special election district formed in the respective institution of the penitentiary system.

6. The documents indicated in sub-paragraphs 5-8 of paragraph three of this article is a precondition for receiving a ballot paper and may be used in polling stations abroad as well as in special polling stations formed on board vessels navigating at sea under the State Flag of Ukraine and at a polar station of Ukraine. In polling stations abroad established in states, to which citizens of Ukraine may travel on a passport of a citizen of Ukraine, the passport of a citizen of Ukraine is as well a precondition for receiving a ballot paper.

7. Citizens of Ukraine who have the right to vote may take part in the work of election commissions as their members, as well as in the election campaign, in the observation of the conduct of the elections of deputies and in other activities in accordance with the procedure determined by this and other laws of Ukraine.

8. Any direct or indirect privileges or restrictions on the election right of citizens of Ukraine based on race, color of skin, political, religious and other beliefs, gender, ethnicity, social status, property status, place of residence, language and other attributes shall be prohibited. Restrictions as to the participation of citizens in the election process are not permitted, except for the restrictions envisaged by the Constitution of Ukraine and this Law.

9. A citizen who has been declared incapable by a court decision shall not have the right to vote.

10. A citizen of Ukraine who resides or stays abroad during the preparation and conduct of the elections shall have the right to vote in the elections of deputies, and this right shall be ensured by including him/her into the voter list in the respective election district abroad formed in accordance with this Law.

11. Voters are citizens of Ukraine that have the right to vote.

Article 3. Equal Suffrage

1. The elections of people's deputies are equal: citizens of Ukraine shall take part in elections on equal terms.

2. Each voter in the elections of deputies shall have one vote. A voter may only cast his/her vote in the one and only election district, where he/she is included in the voter list. A voter shall exercise his/her right to vote during the elections according to the procedure established by this Law.

3. All candidates for people's deputies of Ukraine (hereafter: candidates for deputies) shall have equal rights and opportunities to take part in the election process.

4. All parties (blocs) that are subjects of the election process shall have equal rights and opportunities to take part in the election process according to the procedure and within the limits established by this Law.

5. Equal rights and opportunities of candidates for deputies, parties (blocs) that are subjects of the election process to take part in the election process shall be ensured by:

1) a prohibition of privileges or restrictions of candidates for deputies based on race, color of skin, political, religious and other beliefs, gender, ethnicity, social and property status, place of residence, language and other attributes;

2) a prohibition of interference of state bodies and bodies of local self-government into the election process, except in cases envisaged by this Law;

3) equal and unbiased treatment of candidates for deputies, parties (blocs) that are subjects of the election process by state bodies, bodies of local self-government, their officials and officers;

4) prohibition for parties (blocs) to utilize any other funds except for funds from the election fund of parties (blocs) and funds from the State budget of Ukraine allocated to ensure the conduct of the election campaign in accordance with this law;

5) equal and unbiased treatment of candidates for deputies and parties (blocs) that are subjects of the election process by mass media.

Article 4. Direct Suffrage

The elections of deputies are direct. Citizens of Ukraine shall elect deputies directly by voting for candidates for deputies included in the electoral list of a party (bloc) that are subject of the election process.

Article 5. Voluntary Participation in the Elections

The participation of citizens of Ukraine in the elections of deputies shall be voluntary. Nobody may be forced to take part or refrain from participation in the elections.

Article 6. Free Elections

1. The elections of deputies are free. Citizens of Ukraine shall be ensured conditions to form their free will and freely express it in the vote.

2. It is prohibited to use violence, threats, cheating, bribery or any other acts impeding the free formation and free expression of the will of a voter.

3. On election day, military servicemen on a mandatory conscription shall be given a leave of no less than four hour in order to ensure conditions for their free expression of will.

Article 7. Secret Voting

1. Voting at the elections of deputies is secret; it is prohibited to control the free expression of the will of voters.

2. It is prohibited for members of election commissions and other persons to perform acts or disseminate information that would allow determining the content of the will expressed by a certain voter.

Article 8. Personal Voting

Each voter shall cast his or her vote in person. It is prohibited to vote on behalf of another person or transfer the right to vote to any other person.

Article 9. Right to Be Elected

1. A citizen of Ukraine, who has reached the age of twenty-one years on election day, has the right to vote and has been residing in Ukraine for the last five years, may be elected a deputy.

2. According to this Law, residing in Ukraine shall mean:

1) residing on the territory within the state border of Ukraine;

2) staying on board a vessel that is navigating at sea under the State Flag of Ukraine;

3) temporary stay of citizens of Ukraine on temporary stay abroad on duty travel in accordance with the procedure established by law in diplomatic and other official representations and consular offices of Ukraine, international organizations and their agencies;

4) temporary stay at a polar station of Ukraine;

5) serving in military units of the Armed Forces of Ukraine deployed beyond the borders of Ukraine.

3. Individuals who reside together with the persons, specified in sub-paragraph 3 of paragraph two of this Article, as their family members shall also be considered as residing in Ukraine.

4. A citizen convicted for a deliberate crime cannot be nominated as candidate or elected as deputy unless such conviction has been annulled or lifted under the procedure stipulated by the law.

Article 10. Right to Nominate Candidates for Deputies

1. Citizens of Ukraine that have the right to vote may nominate candidates for deputies. They exercise this right through parties (blocs) under the procedure determined by this law.

2. Candidates for deputies may be nominated by a party which has been registered ac-cording to the procedure determined by law at least three hundred and sixty-five days prior to election day, or by an electoral bloc of parties if all the parties that compose it have been registered at least three hundred and sixty-five days prior to election day.

Article 11. The Election Process

1. The election process is execution of the election procedures, envisaged by this law, by the subjects determined in Article 12 of this Law.

2. The lection process shall be performed on the following principles:

1) adherence to the election right principles specified in Articles 2 through 10 of this Law;

2) lawfulness and the prohibition of any person’s illegal interference into this process;

3) political pluralism and a multi-party system;

4) transparency and openness;

5) freedom of the election campaign, equal access of candidates for deputies and parties (blocs) that are subjects of the election process to mass media irrespective of their form of ownership, except for media that are founded (owned) by political parties;

6) unbiased approach of state executive bodies, bodies of local self-government, courts, enterprises, institutions, agencies and organizations, their heads and other officers and officials towards parties (blocs) that are subject of the election process and candidates for deputies.

3. The Central Election Commission shall announce the start of the election process in cases and within the terms, established by the Constitution of Ukraine and this Law.

4. Election process shall comprise the following stages:

1) the compilation and update of voter lists;

2) the formation of election constituencies;

3) the formation of polling stations;

4) the formation of election commissions;

5) the nomination and registration of candidates for deputies;

6) the conduct of the election campaign;

7) voting;

8) the vote count and the tabulation of voting results;

9) the determination of the results of the elections of deputies and the official announcement thereof;

10) the termination of the activity of election commissions.

5. The election process terminates fifteen days after the official promulgation of the results of elections of deputies by the Central Election Commission.

6. The stages of election process, envisaged by sub-paragraph 1, 2 and 10 of paragraph four of this Article may in cases, envisaged by this Law, partly exceed the time frames of the election process stipulated by paragraph three and paragraph five of this Article.

Article 12. Subjects of the Election Process

Subjects of the election process are:

1) a voter;

2) an election commission formed in accordance with this Law or the Law of Ukraine “On the Central Election Commission”;

3) a party (bloc) that nominated candidates for deputies;

4) a candidate for deputy registered according to the procedure stipulated by this Law;

5) an official observer from a party (bloc) that is a subject of the election process.

Article 13. Transparency and Openness of the Election Process

1. The preparation and conduct of the elections of deputies shall be public and open.

2. Election commissions shall:

1) inform citizens on their composition, location and working hours, on the formation of territorial election constituencies and polling stations, on the place and time of voting, on the basic rights of voters, including their right to appeal unlawful decisions, actions or inactivity of election commissions and their members, state executive bodies and bodies of local self-government, enterprises, institutions, agencies and organizations, their heads and other officers and officials;

2) ensure that all subjects of the election process have an opportunity to familiarize themselves with voter lists, electoral lists of parties (blocs), election programs of parties (blocs), information on candidates for deputies, and with the procedure of marking ballot papers;

3) explain to voters the voting procedure, and the procedure of marking ballot papers;

4) announce voting results and the results of the elections of deputies;

5) provide other information in cases and according to the procedure envisaged by this Law.

3. Decisions of election commissions as well as decisions of state bodies and bodies of local self-government with a bearing on the elections of deputies shall be brought to the notice of all citizens through print media or, if not possible, through other media.

4. Mass media are obliged to ensure impartial coverage of the preparation to and conduct of the elections. Mass media representatives shall be guaranteed free access to all public events in connection with the elections, and access to sessions of election commissions and to the polling stations on election day under the terms stipulated by paragraph three of Article 34 of this Law. Election commissions, state executive bodies, bodies of local self-government, their officers and officials are obliged to provide mass media with information on the preparation to and conduct of the elections within the limits of their authority.

5. Diplomatic and other official representations, consular institutions of Ukraine at which polling stations abroad have been formed in states where a considerable number of Ukrainians that have the right of vote reside, shall ensure publication of information in local media on the place and time of voting, on the location of the respective polling stations, on procedures and terms for petitioning polling station election commissions, in particular concerning the inclusion of voters into voter lists at an election district abroad.

Article 14. Legislation on Elections of Deputies

The preparation to and conduct of the elections of deputies are regulated by the Constitution of Ukraine, the Law of Ukraine “On the Central Election Commission”, this Law and other laws of Ukraine, and other legal acts passed in accordance with them.

Chapter II

TYPES OF ELECTIONS OF DEPUTIES, PROCEDURE AND

TERMS FOR THEIR ANNOUNCEMENT AND CONDUCT

Article 15. The Types of Elections of Deputies and the Procedure for Announcing them

1. Elections of deputies may be regular and extraordinary.

2. Regular elections shall be scheduled due to termination of the constitutional term of authority of the Verkhovna Rada of Ukraine and does not require a special decision on its announcement.

3. Irregular elections of deputies shall be scheduled by the President of Ukraine on the basis and under the procedure stipulated by the Constitution of Ukraine.

Article 16. Terms for Conduct of Elections

1. Regular elections of deputies shall be held on the last Sunday of March of the last year of authority of the Verkhovna Rada of Ukraine.

2. The election process of regular elections of deputies shall start hundred and twenty days prior to election day. The Central Election Commission shall make the announcement about the beginning of the election process no later than one hundred and twenty-five days prior to election day.

3. Irregular elections of deputies shall take place on the last Sunday of the sixty-day period after the publication of the Decree of the President of Ukraine on pre-term termination of the authority of the Verkhovna Rada of Ukraine, issued in accordance with the Constitution of Ukraine.

4. The election process for irregular elections of deputies shall begin on the following day after the day of the publication of the Decree of the President of Ukraine specified in paragraph three of this Article.

Article 17. Calculation of Time-frames

1. The terms indicated in this Law are calculated in calendar days; in certain cases, terms are calculated in hours and minutes.

2. The first day of a term, which according to this Law should begin as a certain event is due to commence, shall be the day following the day after this event is due to commence.

3. The last day of a term, which according to this Law should end as a certain event is due to commence, shall be the day before the day this event is due to commence.

Chapter III

TERRITORIAL ORGANIZATION OF ELECTIONS OF DEPUTIES

Article 18. The Nationwide Election Constituency and Territorial Election Constituencies

1. Elections of deputies shall be held in a nationwide multi-mandate constituency comprising the territory of Ukraine and in the out-of-country election constituency.

2. For holding elections of deputies, the territory of Ukraine shall be divided into 225 territorial election constituencies. The number of such election constituencies in the Autonomous Republic of Crimea, the oblasts, the cities of Kyiv and Sevastopol (hereafter: regions) shall be determined by the Central Election Commission, taking into ac-count their administrative and territorial arrangement. Territorial election constituencies shall be created with approximately the same number of polling stations based on the number of polling stations that were formed during the previous ordinary elections of the President of Ukraine or elections of people's deputies of Ukraine. A territorial election constituency shall comprise one or several rayons or cities. More than one territorial election constituency may be formed on the territory of big cities. It is not allowed to include parts of territories of two or more regions into one territorial election constituency.

3. The out-of-country election constituency shall include all polling stations abroad formed in accordance with Article 22 of this Law.

4. The Central Election Commissions shall make a decision on the formation of territorial election constituencies no later than one hundred and ten days prior to election day.

5. The Central Election Commissions shall publish a decision to establish territorial election constituencies with an indication of their numeration, boundaries and constituency centers in state-owned printed media within three days after passing the respective decision, and in regional printed media within seven days after the day of passage of the said decision.

Article 19. Polling Stations

1. Polling stations shall be formed for the preparation of the organization and conduct of the voting and the counting of votes.

2. An election district may be ordinary, special or out-of-country (abroad).

3. The number of voters per election district shall range from twenty to two thousand five hundred. Polling stations shall be divided into:

1) small – with the number of voters up to 500 persons;

2) medium – with the number of voters from 500 to 1500 persons;

3) large – with the number of voters over 1500 persons.

4. If there are less or more voters than the indicated limits for the number of voters per election district on the respective territory, in the respective institution or facility, and it is impossible to include such voters (or their excessive number) into another election district or to form an additional election district on this territory, or in the respective institution or facility, this election district may be formed with a number exceeding or less than the respective limits for the number of voters.

5. Polling stations shall be formed no later than fifty days prior to election day.

6. A district election commission by its decision shall determine the unique numbering of polling stations within the respective territorial election constituency.

Article 20. Ordinary Polling Stations

1. Ordinary polling stations shall be formed for the organization of the vote of voters in accordance with their place of residence.

2. Ordinary polling stations shall be formed by district election commissions within the terms stipulated by paragraph five of Article 19 of this Law upon a submission of executive committees of village, settlement, city (cities without rayon councils) councils, rayon-in-city councils, or, in case of the absence of such bodies, upon a suggestion of the heads of the respective village, settlement, or city councils, heads of rayon-in-city councils or officials that under the law perform authority on their behalf. These submissions shall be filed with a district election commission by the respective bodies or officials no later than fifty-eight days prior to election day.

3. A district election commission shall by its decision determine the boundaries of each ordinary election district (the name of the settlement, street, a list of residential buildings), as well as the location of the polling station election commission and the premises for voting.

Article 21. Special Polling Stations

1. Special polling stations shall be formed in stationary medical institutions, on vessels navigating at sea under the State Flag of Ukraine on election day, at polar stations of Ukraine, in penitentiary institutions and in other places of temporary stay of voters with limited possibility of movement. Special polling stations shall be formed in such manner that voters can vote without violating the internal regime of their stay in the respective institution (facility). It is not allowed to form more than one election district for two or more institutions or facilities.

2. Special polling stations shall be created by district election commissions at places where the respective institutions or facilities are located, or at the place of registration of the vessel or a polar station within the term, stipulated by paragraph five of Article 19 of this Law, on the basis of submissions by rayon state administrations or city executive committees of cities of oblast (republican in the Autonomous Republic of Crimea) significance. These submissions shall be filed with a district election commission by the respective bodies or officials no later than fifty-eight days prior to election day.

3. The submission regarding the formation of a special election district in a respective institution or facility shall indicate:

1) the name of the institution or facility;

2) the legal address of the institution or facility;

3) the approximate number of voters that will stay in the institution or facility on election day;

4) the availability of the respective premises for voting and its address (in the event when the address of the premises is different from the legal address of the institution or facility);

5) a commitment of the management of the institution or facility to ensure open access to the premises for voting for members of the respective election commission and for persons authorized by this Law to be present during the voting and vote count.

4. The submission regarding the formation of a special election district on board a vessel navigating at sea under the State Flag of Ukraine shall indicate:

1) the name of the vessel;

2) the port where the vessel is registered;

3) the approximate number of voters on board the vessel;

4) the last day prior to election day when the vessel will debark for its port of registration;

5) the approximate date prior to election day when the vessel will enter any port of Ukraine.

5. As a rule, no polling stations are created in military units (formations). Military servicemen shall cast their votes in ordinary polling stations located outside of military units (formations). A special election district on the territory of a military unit (formation) located outside of a populated area or at a significant distance from it may be created, as an exception, by the Central Election Commission upon submission of the respective district election commission. The Central Election Commission shall receive such a submission no later than fifty-eight days prior to election day. Apart from the information envisaged by paragraph three of this article this submission must include a justification of the necessity to create the respective special election district. A precondition for such a submission shall be a petition by the commander of the military unit (formation) to the respective district election commission that must be received no later than fifty-eight days prior to election day.

6. The submission envisaged by paragraph five of this Article, shall indicate:

1) the number of and/or the address of the military unit (formation);

2) a justification of the necessity to establish the special election district in a military unit (formation);

3) the approximate number of voters in such election district;

4) the availability of respective premises for voting and its address (if the address of the premises is different from the legal address of the military unit (formation));

5) a commitment to ensure open access to the premises for voting for members of the respective election commission and persons authorized by this Law to be present during the voting and vote count.

7. In the exceptional case, when a new stationary medical institution, penitentiary institution or other institution (facility) where voters with limited possibility of movement stay temporarily, is established, a vessel under the State Flag of Ukraine unexpectedly embark from port, or an unexpected creation (relocation) of a military unit (formation) to a location outside populated areas, the Central Election Commission may establish a special election district no later than ten days prior to election day upon a submission of the respective district election commission. The said submission shall be filed by the district election commission no later than fifteen days prior to election day on the basis of a respective petition by the rayon state administration, city executive committee of city of oblast significance (republican significance, in the Autonomous Republic of Crimea), or a commander of the military unit (formation). The information envisaged respectively by paragraph three, four or six of this Article shall be indicated in the sub-mission.

8. The district election commission shall submit its proposals regarding the numbering of the election district to the Central Election Commission in case a special election district is formed under paragraph five and seven of this Article.

Article 22. Polling Stations Abroad

1. The Central Election Commission shall create polling stations abroad upon sub-mission of the Ministry of Foreign Affairs of Ukraine.

2. Polling stations abroad shall be created at diplomatic and other official representations and consular institutions of Ukraine abroad, in military units (formations) deployed outside of Ukraine.

3. The list of states where a significant number of Ukrainian voters reside shall be determined by the Central Election Commission no later than on 15 September of the year before the year of regular elections of deputies upon submission of the Ministry of Foreign Affairs of Ukraine.

4. In certain cases, an election district abroad may be formed with the premises for voting location outside of an official representation or consular institution of Ukraine. Such polling stations may be created only in big cities of a foreign State where at least 1000 Ukrainian citizens who have the right to vote reside or temporarily stay.

5. In order to ensure a timely establishment of polling stations abroad, the Ministry of Foreign Affairs, immediately after announcement of the beginning of the election process, shall request that the authorities of the foreign states grant permission, in particular, to form polling stations with premises for voting located outside of the official representations or a consular institution of Ukraine.

6. The Central Election Commission shall form polling stations abroad within the terms determined by paragraph five of Article 19 of this Law. The Central Election Commission by its decision shall determine the boundaries of each election district; the name and address of a diplomatic, other official representation or a consular institution of Ukraine abroad, at which the election district shall be created or the name and the place of the deployment of a military unit (formation) deployed outside of Ukraine; it shall determine the premises for voting at the election district abroad; it shall establish a unique numeration of polling stations abroad.

7. The Central Election Commission must receive the submission of the Ministry of Foreign Affairs of Ukraine envisaged by paragraph one of this no later than fifty-five days prior to election day. Such a submission shall be signed by the Minister of Foreign Affairs of Ukraine and sealed with the Ministry’s seal. The submission shall indicate:

1) the name of the foreign state where the election district shall be established;

2) the name and the address of the diplomatic, or other official representation or consular institution of Ukraine abroad at which the election district shall be created, the name and address of the military unit (formation) deployed outside of Ukraine;

3) the name and address of the premises for voting;

4) the presence of a written permission from the respective authorities of the state of location to form an election district abroad, including premises for voting located outside of an official representation or consular institution of Ukraine;

5) the boundaries of each election district taking into account the territories of consular districts or their parts;

6) the approximate number of voters to be included into the voter lists.

8. In exceptional cases when a new diplomatic or other official representation or consular institution of Ukraine is opened abroad, or a military unit (formation) re-locates, the Central Election Commission may form an election district abroad no later than 10 days prior to election day upon submission of the Ministry of Foreign Affairs of Ukraine. Central Election Commission must receive the submission no later than 15 days prior to election day. In addition to the information envisaged by paragraph seven of this Article, such a submission must contain a justification of the necessity to form the respective election district abroad.

Article 23. The Publication of Decisions on Formation of Polling Stations

1. The decision of a district election commission on the formation of ordinary and special polling stations with an indication of the numeration of the polling stations, their boundaries or the institutions (facilities) in which they are established, the location of respective polling station election commissions and the premises for voting shall no later than five days after the date the decision was passed be published in regional and local print media, or, if such publication is impossible, shall be made public otherwise within the same time limits.

2. A decision of the Central Election Commission on the formation of a special election district under paragraph five or seven of Article 21 of this Law shall be published no later than five days after the date of the decision in the respective regional or local print media or, if such publication is impossible, shall be made public otherwise within the same time limits.

3. A decision of the Central Election Commission on the formation of polling stations abroad shall be published in national print media. The respective official representative office or a consular institution of Ukraine in the state where the election district abroad is created shall no later than five days after the date of the decision publish an announcement on the formation of an election district abroad together with an indication of the information envisaged by paragraph six of Article 22 of this Law, in print media accessible to citizens of Ukraine residing or temporarily staying on respective territory, or, if such publication is impossible, it shall be made public otherwise within the same time limits.

4. A decision of a district election commission to form ordinary and special polling stations according to the procedure envisaged by paragraph two of Article 20 and paragraph two of Article 21 of this Law shall be forwarded to the authorized representatives in the respective territorial election district of parties (blocs) that are subjects of the election process no later than on the next day after the date the decision was passed.

5. A decision of the Central Election Commission to form polling stations abroad according to the procedure stipulated by paragraph six or eight of Article 22 of this Law shall be forwarded to the representatives in the Central Election Commission of parties (blocs) that are subjects of the election process no later than on the next day after the decision was passed.

Chapter IV

ELECTION COMMISSIONS

Article 24. The System of Election Commissions

1. The system of election commissions that carry out the preparation to and conduct of the elections of deputies shall comprise:

1) the Central Election Commission;

2) district election commissions;

3) polling station election commissions.

2. The authority of election commissions with regard to the preparation to and conduct of elections of deputies shall be exercised by:

1) the Central Election Commission – on the whole territory of Ukraine and in the out-of-country election constituency district;

2) the district election commission – within the boundaries of the territorial election constituency;

3) the polling station election commission – within the boundaries of the polling district.

3. The Central Election Commission shall exercise the authority of district election commission for the out-of-country election constituency.

Article 25. Status of Election Commissions

1. Election commissions are special collegial bodies that are authorized to prepare and conduct the elections of deputies and ensure compliance with and equal application of the legislation of Ukraine on elections of deputies.

2. The status of the Central Election Commission is determined by the Constitution of Ukraine, the Law of Ukraine “On the Central Election Commission”, this and other laws of Ukraine. The Central Election Commission shall preside over the system of election commissions that prepare and conduct elections of deputies, and it is higher-level commission for all district election commissions and polling station election commissions envisaged by this Law.

3. The Central Election Commission is not legal inheritor of district election commissions.

4. The status of district election commissions and polling station election commissions shall be determined by this Law.

5. A district election commission is a legal entity. The district election commission is the higher-level commission for all polling station commissions within the boundaries of the respective territorial election constituency with regard to the elections of deputies.

6. A polling station election commission is not a legal entity. A polling station election commission that is a subject of the respective election process shall have the right within the limits of its authority to petition state bodies and bodies of local self-governance, as well as enterprises, institutions, facilities and organizations, their officers and officials. A polling station election commission shall have its own seal, the sample of which shall be approved by the Central Election Commission.

Article 26. Requirements to Members of District or Polling Station Election Commissions

1. Voters who have residence on the territory of Ukraine may be members of a district election commission or a polling station election commission of an ordinary or a special election district.

2. A voter may be member of only one election commission in charge of the preparation and conduct of the elections of people's deputies of Ukraine, the elections of the President of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils and heads of village, settlement or cities, commissions on national or local referendum if the said elections are held concurrently with the elections of people's deputies of Ukraine.

3. Candidates for deputies, representatives of parties (blocs) in the Central Election Commission, authorized persons of parties (blocs) that are subjects of the election process, officers and officials of state bodies and bodies of local self-government, employees of courts and law-enforcement bodies, as well as citizens who are held in facilities of the penitentiary system or individuals convicted of a deliberate crime, unless such conviction has been annulled or lifted in accordance with the procedure established by law, cannot be members of district election commissions or polling station election commissions.

4. A polling station election commission of a special election district established in a stationary medical treatment facility or a penitentiary institution may not include employees of the respective facility or institution.

5. If other elections are held concurrently with the elections of deputies, the member-ship of district election commissions or polling station election commissions shall not include candidates in these elections, their authorized persons or proxies, or authorized persons of other subjects of the respective election process.

6. The secretary of a district election commission or a polling station election commission must have a command of the state language at the level required for carrying out the paperwork of the commission.

Article 27. The Procedure for the Formation of the District Election Com-mission

1. The Central Election Commissions shall no later than sixty days prior to election day establish the district election commission in the composition of a chairperson, a deputy chairperson, a secretary, and other commission members in the amount of no less than twelve and no more than eighteen persons.

2. Parties (blocs) that in the current composition of the Verkhovna Rada of Ukraine as of 15 September of the year preceding the election year have their party factions (bloc factions), as well as other parties (blocs) that are subjects of the election process shall have the right to nominate candidates to the membership of district election commissions.

3. One representative from each of the parties (blocs) that have their party factions (bloc factions) in the current composition of the Verkhovna Rada of Ukraine as of September 15 of the year preceding the election year must be included in the membership of the district election commission (if the respective submission has been filed). No more than one representative from each of the other parties (blocs) that are subjects of the election process shall be included in the membership of the district election com-mission by casting lot by the Central Election Commission no later than on the third day after the day of expiration of the period of making submissions, indicated in paragraph four of this Article. Candidacies for membership of a district election commission may be rejected only if they do not comply with the requirements indicated in Article 26 of this Law or violates the requirements of paragraph four through six of this Article or by application of the mechanism for casting lot envisaged by this paragraph.

4. The central leading body of a party (leading body of a bloc) shall no later than 68 days prior to election day submit a list of persons nominated by a party (bloc), who are members of such party (parties that are part of a bloc) or non-party members, to be included into the respective district election commission (no more than one candidate per each commission) in hard copy and in electronic form to the Central Election Commission in the format approved by the Central Election Commission. This submission shall indicate the persons suggested for chairperson, deputy chairperson and secretary of the commission. The submission shall be signed by the party leader (leaders of the parties that constitute the bloc) and certified with the seal the party (seals of the parties hat constitute the bloc).

5. The submission of candidacies to the membership district election commissions shall indicate as follows:

1) the full name of the person;

2) the year of birth (date of birth for those who attain the age of 18 in the year of elections);

3) the citizenship of the person;

4) place of residence and address of the person, and also contact phone numbers;

5) the command of the state language;

6) education;

7) the place of work and position occupied by the person;

8) previous of experience in the work of election commissions;

9) respective experience or training;

10) position in the commission for which an individual is nominated.

6. A statement by the persons suggested for membership of the district election com-mission written in their own hand about their consent to take part in its work on behalf of the respective party (bloc) shall be attached to the submission.

7. Technical errors or inaccuracies in the submissions shall not be basis for rejecting the proposed candidacies. The Central Election Commission shall immediately inform the representative in the Central Election Commission of the respective party (bloc) if such errors and inaccuracies are detected. These errors and inaccuracies may be corrected through an amended submission concerning the respective candidacies no later than on the day following the day the said information was received. If an amended submission is not received within the established term, the respective candidacies shall be rejected.

8. If a submission regarding the composition of an district election commission is not received within the term established by paragraph 4 of this Article or if the number of suggested persons to the membership of the district election commission is less than twelve, the district election commission is formed by the CEC upon a submission by its chairperson in the amount of twelve persons which must include the candidacies submitted by parties (blocs), envisaged by paragraph two of this Article.

9. The chairperson, the deputy chairperson and the secretary of a district election commission may not be representatives of the same party (bloc) that is a subject of the election process.

10. Each party (bloc) on behalf of which candidacies have been included in the membership of district election commissions shall have the right to a proportional share of each category of managerial positions in the district election commissions. The share of managerial positions of each party (bloc) within the nationwide election constituency shall be determined according to the number of candidacies from a party (bloc) included into the membership of district election commissions, in correspondence to the overall number of persons included into the membership of district election commissions from parties (blocs). A person included in a district election commission upon a submission by the Chairperson of the Central Election Commission may not be appointed to a managerial position in a commission except in cases when submissions from parties (blocs) for membership in the respective district election commission were not received or the number received was less than the required number. The Central Election Commission shall determine the procedure for the distribution of managerial positions among parties (blocs), within the shares determined by this Article. At the same time, positions granted to representatives of each party (bloc) shall be approximately evenly distributed throughout the territory of Ukraine.

11. Decisions on the formation of district election commissions and on their composition passed in accordance with this Law shall by published by the Central Election Commission within three days following the adoption of the respective decision in state print media. An excerpt of this decision on the formation of district election commissions in the respective region and on their composition shall be published by the Central Election Commission in regional print media within seven days after the decision was adopted. Decisions on introducing amendments to the composition of a district election commission shall be published under the same procedure within the same terms but no later than on the last day prior to election day.

Article 28. The Procedure for Formation of Polling Station Election Com-missions of Ordinary or Special Polling stations

1. A polling station election commission shall be created by the respective district election commission no later than 35 days prior to election day. It shall comprise a chairperson, a deputy chairperson, a secretary, and other commission members.

2. A polling station election commission shall comprise:

1) for small polling stations – 10-18 individuals;

2) for medium polling stations – 14-20 individuals;

3) for large polling stations – 18-24 individuals.

3. At polling stations where the number of voters does not exceed 50 persons, a polling station election commission may comprise a chairperson, a secretary and 2-4 commission members.

4. Parties (blocs) that in the current composition of the Verkhovna Rada of Ukraine as of 15 September of the year preceding the election year have their party factions (bloc factions), as well as other parties (blocs) that are subjects of the election process, shall have the right to nominate candidacies for membership of polling station election commissions. The authorized person in the respective territorial election constituency or nationwide constituency of a party (bloc) shall file the submission on behalf of the party (bloc).

5. A polling station election commission of an ordinary or a special election district, except for cases envisaged by paragraph twelve of this Article, must comprise, if the respective submissions have been filed, of one representative from each of the parties (blocs) that have their party factions (bloc factions) in the current composition of the Verkhovna Rada of Ukraine as of 15 September of the year preceding the election year. No more than one representative from each party (bloc) that are subjects of the election process shall be included into a polling station election commission by casting lot, which is carried out by the district election commission no later than on the third day after expiration of the term for filing the submissions specified in paragraph six of this Article. Candidacies to the membership of a polling station election commission may only be rejected if they fail to comply with the requirements determined by Article 26 of this Law or because of the applied mechanism of casting lot envisaged by this paragraph, as well as if the submission was filed in violation of the requirements of paragraph six and seven of this Article.

6. The authorized persons in the respective territorial or nationwide election constituency of a party (bloc) shall no later than 45 days prior to election day submit a list of persons from the party (bloc) who are members of such party (parties constituting a bloc) or do not have party membership (no more than one candidacy for each election commission) in hard copy and electronic form to the respective district election commission for including them into the respective polling station election commissions. This submission shall indicate the persons suggested for the position of chairperson, deputy chairperson and secretary of the commission. The submission shall be signed by the leader of the respective party branch (leaders of branches of a party constituting a bloc) and certified with the seal of the respective party branch (seals of the respective branches of a parties constituting a bloc).

7. The information envisaged by paragraph five of Article 27 of this Law shall be specified in the submission of candidacies for membership of polling station election commissions. Statements of the persons suggested for membership of polling station election commissions on their consent to take part in the work of an election commission on behalf of the respective party (bloc) shall be attached to the submission.

8. If no submissions for membership of a polling station election commission were filed within the term determined by paragraph six of this Article or the number of persons suggested for membership of the polling station election commission is less than the minimum number determined by paragraph two and three of this Article, the district election commission must form the polling station election commission upon submission of the chairperson of the district election commission in a composition that is not bigger than the average number of persons established by paragraph two or three of this Article, which must take the candidacies submitted by parties (blocs) envisaged by paragraph four of this Article into account. Members of the district election commission, polling station election commissions or local organizations of parties may submit proposals for such candidacies to the chairperson of the district election commission. (Part eight of article 28 with changes, introduced according to the Law №3519-IV from 14.03.2006)

9. Technical errors or inaccuracies in submissions shall not be the basis for rejecting submitted candidacies. Upon detection of such errors and inaccuracies the district election commission shall immediately notify the representative of the respective party (bloc) in the territorial election constituency about them. The said errors and inaccuracies may be corrected by filing a modified submission on the respective candidacies no later than on the next day after the said notification was received. If the modified sub-mission is not received with the determined period, the respective candidacies shall be rejected.

10. Each party (bloc) that got candidacies included in polling station election commissions shall have the right to a proportional share of each category of managerial positions in the polling station election commissions of both small, medium and large polling stations within the territorial election constituency, which shall depend on the number of candidacies from the respective parties (blocs) that got included into the polling station election commissions. The share of managerial positions for each party (bloc) in each category of polling stations within the territorial election constituency shall be assigned in accordance to the number of candidacies from the party (bloc) that has been included into the membership of polling station election commissions of each category of polling stations in correspondence to the total number of persons included into the membership of polling station election commissions of the respective category of election districts from parties (blocs). A person who has been included into the member-ship of an polling station election commission upon the submission of a chairperson of a district election commission may not be appointed to a managerial position on an election commission except in cases when submissions from parties (blocs) for membership of the respective election commission were not received or the number was less than the required number. The procedure for distributing managerial positions between parties (blocs) within the shares determined in accordance to this paragraph shall be determined by the Central Election Commission.

11. The chairperson, deputy chairperson and a secretary of a polling station election commission may not be representatives of the same party (bloc) that is the subject of the election process.

12. The polling station election commission of a special election district established on board a vessel navigating at sea under the State Flag of Ukraine on election day or on a polar station of Ukraine shall be formed by the district election commission according to the place of registration of the vessel or the polar station of Ukraine upon a submission by, respectively, the captain of the vessel or the head of the polar station of Ukraine, which may be sent by technical communication means within the terms envisaged by paragraph six of this Article.

13. If a special election district is created in the exceptional case under paragraph seven of Article 21 of this Law, the polling station election commission shall be formed by the Central Election Commission concurrently with the creation of the election district upon submission of the district election commission.

14. A district election commission shall inform the authorized persons of all parties (blocs) in the respective territorial election constituency about the preparation of a submission to the Central Election Commission concerning the creation of the special election district in the exceptional case and propose that they file submission, within the terms determined by the district election commission, although not later that within five days from they received notification, concerning candidacies for membership of the polling station election commission under the procedure stipulated by this Article.

15. A decision on the formation of a polling station commission shall no later than on the fifth day after the day it was adopted be published in regional and local print media or, if this is impossible, shall be made public by other means within the same term. A decision on the formation of a polling station election commission of a special election district formed in the exceptional case, as well as a decision on changes in the composition of a polling station election commissions shall be published or made public ac-cording to the procedure and within the terms determined by this paragraph, but no later than on the last day prior to election day.

Article 29. The Procedure for the Formation of a Polling Station Election Commission of an Election District Abroad

1. A polling station election commission of an election district abroad shall be formed by the Central Election Commission no later than thirty-five days prior to election day in the composition of a chairperson, a deputy chairperson, a secretary, and other com-mission members. The numeric composition of a polling station election commission of an election district abroad shall be determined according to paragraph two and three of Article 28 of this Law.

2. A polling station election commission of an election district abroad may comprise voters who reside or stay on the territory of the respective foreign state at the time when elections are prepared and conducted.

3. Parties (blocs) that in the current composition of the Verkhovna Rada of Ukraine have their party factions (bloc factions) as of 15 September of the year preceding the election year, other parties (blocs) that are subjects of the election process as well as the Ministry of Foreign Affairs of Ukraine shall have the right to nominate members of polling station election commissions of polling stations abroad.

4. The central management body party (management body of a bloc) shall no later than forty-five days prior to election day file a list of persons from the party (bloc) who are members of this party (the parties constituting the bloc) or non party members in the amount of no more than one candidate for each election commission to the Central Election Commission to be included into the membership of the respective polling station commissions of polling stations abroad. The submission shall indicate the persons that are proposed by the party (bloc) for the position as chairperson, deputy chairperson, and secretary of the commission. The submission shall be signed by the leader of the party (by the leader of the parties constituting the bloc) and certified with the seal of the party (the seals of the parties constituting the bloc).

5. The Ministry of Foreign Affairs shall include employees of diplomatic or other official representations of Ukraine abroad (while observing the requirements of paragraph three of Article 26 of this Law), servicemen of military units (formations) deployed outside of Ukraine or other citizens of Ukraine that have the right to vote and for the period of preparation and conduct of elections reside or stay on the territory of the respective foreign state into a submission that shall be filed within the terms determined by in paragraph four of this Article in a quantity that is not less than the minimum number and not bigger than the average numerical composition of polling station election commission determined by paragraph two or three of Article 28 of this Law.

6. The submission of candidacies for membership of polling station election commissions shall contain the information envisaged by paragraph five of Article 27 of this Law. Statements by the persons that are suggested for membership of the polling station election commission about their consent to take part in its work on behalf of the respective party (bloc) or by submission of the Ministry of Foreign Affairs of Ukraine shall be attached to the submission.

7. Not more than one representative of parties (blocs) that are subjects for submitting candidacies shall be included into the membership of a polling station election com-mission of an election district abroad (if the respective submissions have been filed) in compliance with the requirements of paragraph five of Article 28 of this Law.

8. Candidacies submitted by the Ministry of Foreign Affairs of Ukraine in such a number that the composition of the created polling station election commission fulfils the requirements of paragraph two and three of Article 28 of this Law shall be included in the membership of a polling station election commission of an election district abroad in compliance with the requirements of paragraph two and six of Article 26 of this Law.

9. Incompliance with the requirements determined by paragraph 26 of this Law, as well as paragraph two and six of this Article or by application of the mechanism of casting lot envisaged by paragraph five of Article 28 of this Law shall be the only basis for rejecting submitted candidacies.

10. Technical errors or inaccuracies that occur in a submission of parties (blocs) shall not be basis for rejecting the submitted candidacies. The Central Election Commission shall immediately notify the representative of the respective party (bloc) in the Central Election Commission about the discovery of such typos and inaccuracies. The said typos and inaccuracies may be corrected by filing a modified submission regarding the respective candidacies no later than on the next day after the notification was received.

11. Each party (bloc) shall have the right to a proportional share of each category of managerial positions on polling station election commissions of small, medium and large polling stations separately within the boundaries of the out-of-country election constituency abroad, which shall depend on the number of candidacies from the respective parties (blocs) that was included in the membership of election commissions. The share of managerial positions for each party (bloc) for each category of election districts within the boundaries of the out-of-country election constituency shall be assigned in accordance to the number of candidacies from a party (bloc) included into the membership election commissions of each category of polling stations in correspondence to the total number of persons included into the membership of polling station election commissions of the respective category of polling stations from parties (blocs). The Central Election Commission shall determine the procedure for the distribution of managerial positions between the parties (blocs) within the shares assigned in accordance to this paragraph.

12. A person included into the membership of a polling station election commission by submission of the Ministry of Foreign Affairs may be appointed to a managerial position in the election commission only if there are no other candidacies for such position from parties (blocs).

13. If an election district abroad is formed in the exceptional case under paragraph eight of Article 22 of this Law, the Central Election Commission shall form the polling station election commission concurrently with the formation of the election district abroad upon submission of the Ministry of Foreign Affairs of Ukraine. Such submission shall be filed in compliance with paragraph two and six of this Article, as well as Article 26 and paragraph fourteen of Article 28 of this Law concurrently with the submission about the formation of the election district.

14. The Central Election Commission shall publish the decision on the formation of polling station election commissions of polling stations abroad and on their composition adopted in accordance with the requirements of this Law in state mass media within a three day term after the adoption of the respective decision. A decision on the formation of a polling station election commission of an election district abroad for-med in the exceptional case in accordance with paragraph eight of Article 22 of this Law shall be published under the same procedure and within the same terms but no later than five days prior to election day. The publication of information about the location, postal address and working hours of the polling station election commissions for-med at diplomatic and other official representations and consular institutions of Ukraine abroad, including those located outside of official representations and consular institutions of Ukraine and in military units (formations), deployed outside of Ukraine, shall be done by the respective official representations and consular institutions taking into ac-count the local condition of the country of stay.

Article 30. Powers of the Central Election Commission

1. The powers of the Central Election Commission in the preparation and conduct of the elections of deputies are determined by this Law, the Law of Ukraine “On the Central Election Commission” and other laws of Ukraine.

2. In addition to powers determined by the Law of Ukraine “On the Central Election Commission”, the Central Election Commission shall:

1) monitor adherence to and uniform application of the election legislation by voters, district and polling station election commissions and their members, state executive bodies and bodies of local self-government, officers and officials of these bodies, enterprises, institutions, facilities and organizations and their officials, mass media, their owners, officials and creative employees, candidates for deputy, parties (blocs), their representatives and authorized persons, official observers, other associations of citizens;

2) render organizational-methodological support to the activities of election commissions;

3) organize training of chairpersons, deputy chairpersons and secretaries of district election commissions;

4) if required, convoke sessions of a polling station election commission on its own initiative;

5) establish norms and a the list of equipment and inventory for premises of an election commission and a premises for voting, as well as the types of services and work to be rendered to election commissions;

6) terminate flow of funds on accounts of district election commissions with banking institutions when the authority of such commissions have expired or if a commission violates budgetary and financial discipline; pass decision on transfer of remaining funds to the account of the Central Election Commission;

7) ensure publication of informational posters of parties (blocs) that are subjects of the election process;

8) ensure centralized production of and record-keeping with absentee certificates for the right of vote in elections of deputies and shall deliver them to district election commissions;

9) approve the format and the text of the ballot paper for elections of deputies; ensure the centralized publication of ballot papers in the required number and the record-keeping with ballot papers and shall deliver them to district election commissions;

10) deliver ballot papers, forms of absentee certificates and other document forms, seals and stamps to a representative of the Ministry of Foreign Affairs of Ukraine for their delivery to polling station election commissions of polling stations abroad;

11) determine the results of the vote and complete a protocol on the results of the vote within the out-of-country election constituency;

12) consider appeals and complaints concerning the preparation and conduct of the elections in the out-of-country election constituency and pass decisions on them;

13) register official observers from parties (blocs) and public organizations in the out-of-country election constituency;

14) exercise other powers of a district election commission in the out-of-country election constituency, as well as exercise other powers envisaged by this and other laws of Ukraine.

3. In order to ensure that it can carry out the organizational, legal and technical aspects of the powers envisaged by this Law and the Law of Ukraine “On the Central Election Commission”, the Central Election Commission may hire respective specialists, experts and technical staff.

Article 31. Powers of a District Election Commission

1. Powers of a district election commission shall commence from the moment when no less than two thirds of its minimum membership, specified by paragraph one of Article 27 of this Law, takes the oath on its first session that shall be called no later than on the third day after the day when the decision on its formation was made.

2. A district election commissions shall:

1) ensure the preparation to and conduct of elections of people's deputies within the boundaries of the territorial election constituency;

2) monitor within the boundaries of the territorial election constituency adherence to and uniform application of the legislation for election of deputies by voters, polling station election commissions and their members, polling station election commissions and their members, state executive bodies and bodies of local self-government, officers and officials of these bodies, enterprises, institutions, facilities and organizations and their officials, mass media, their owners, officials and creative employees, candidates for deputy, parties (blocs), their representatives and authorized persons, official observers, other associations of citizens;

3) render legal, organizational-methodological and technical support to polling station election commissions; organize training of such commission members on the election process organization issues;

4) establish polling stations, except for cases envisaged by paragraph five and seven of Article 21 of this Law, determine their boundaries and unique numeration within in the territorial election district;

5) establish polling station election commissions in accordance with this Law, except for cases envisaged by paragraph thirteen of Article 28 of this Law;

6) if required, convoke sessions of a polling station election commission on its own initiative;

7) make decisions on the use of funds from the State Budget of Ukraine allocated for preparation to and conduct of the elections of deputies under the procedure established by the Central Election Commission;

8) control that the bodies authorized to do so by law compile the voter lists for the polling stations on the territory of the election constituency, deliver them to the respective polling station commissions, control that they are put on display for public review;

9) control the activity of executive bodies and bodies of local self-government regarding the rendering of premises for voting, transport, communication lines, equipment, consider and solve, within its competence, other issues of logistical support of the elections on the territory of the election constituency;

10) together with the respective executive bodies and bodies of local self-government, facilitate the organization of meetings by candidates for deputies, authorized persons of parties (blocs) with voters at enterprises, institutions, organizations of all forms of ownership, and – in cases envisaged by this Law – organize such meetings;

11) deliver ballot papers, absentee certificate forms and the forms of other documentation to polling station election commissions in accordance with this Law; ensure control over the record-keeping of ballot papers and absentee certificate forms within the boundaries of the constituency;

12) ensure production of seals and stamps and deliver them to polling station election commissions;

13) listen to information of polling station election commissions, local bodies of the executive and bodies of local self-government on preparation to and conduct of the elections;

14) register official observers from parties (blocs), public organizations in the territorial election constituency;

15) consider appeals and complaints concerning the preparation to and conduct of the elections in the territorial election constituency and pass decisions on them consider appeals and complaints preparation and conduct of the elections of deputies in the territorial election district and pass decisions thereupon;

16) determine the voting results in the territorial election constituency, complete the protocol on the voting results within the constituency, transfer it and other election documentation, envisaged by this Law, to the Central Election Commission;

17) declare the voting in the election district null and void in cases envisaged by this Law;

18) ensure that election and other documentation are transferred to the respective State archival institution in accordance with the procedure established by the Central Election Commission;

19) exercise other powers envisaged by this and other laws of Ukraine.

3. The powers of a district election commission shall terminate twenty days after the official publication of the results of the election by the Central Election Commission in accordance with the procedure stipulated by this Law.

4. The district election commission shall terminate its activities according to the procedure and with the terms determined by Article 38 of this Law.

Article 32. Powers of a Polling Station Election Commission

1. The powers of a polling station election commission shall commence from the moment when no less than two thirds of its minimum membership specified by paragraph two and three of Article 28 of this Law, takes the oath on its first session that shall be called no later than on the third day after the day when the decision on its formation was made.

2. A polling station election commission shall:

1) monitor the strict adherence to and uniform application of the legislation for election of deputies by voters during voting and count of votes in the election district;

2) receive the voter list from a district election commission, compile the voter list in cases envisaged by this Law, put it on display for public review and introduce amendments to it in cases envisaged by this Law;

3) provide voters with the possibility to familiarize with the electoral lists of candidates for deputy from parties (blocs), the campaign programs of these parties (blocs), information about candidates for deputy, as well as with the decisions passed by the Central Election Commission, the respective district election commission, its own decisions and notifications;

4) deliver or send to each voter a personal invitation indicating the date for the conduct of the election, the address of the premises for voting, the time of the beginning and termination of the poll and the number of the voter in the voter list in the respective election district according to the procedure time and within the terms determined by paragraph two of Article 43 of this Law;

5) ensure record-keeping of the ballot papers and absentee certificate forms received by the commission;

6) ensure the preparation of the premises for voting and the ballot booths;

7) by decision of the Central Election Commission, introduce amendments to ballot papers according to the procedure and within the terms envisaged by this Law;

8) organize voting in the election district;

9) conduct the count of votes of voters cast in the election district, complete the protocol on the voting results in the election district and deliver it and other election documentation to the respective district election commission or (for a polling station commission of an election district abroad) send the protocol to the Central Election Commission in accordance with the procedure determined by this Law;

10) declare the voting in the election district null and void if the circumstances envisaged Article 90 of this Law are at hand;

11) consider appeals and complaints concerning the voter list, the preparation and organization of the poll in the election district and pass decisions on them within the limits of its competence;

12) exercise other powers envisaged by this and other laws of Ukraine.

3. The powers of a polling station commission shall terminate fifteen days after the official publication of the results of the elections of deputies by the Central Election Commission.

4. The polling station commission shall terminate its activity concurrently with termination of its authority.

Article 33. Organization of the Work of Election Commissions

1. An election commission is a collegial body. The basic form of work of an election commission shall be its session, which is convoked by the chairperson of the com-mission, or in case he/she is absent, – by the deputy chairperson, or in case the chairperson and deputy chairperson are absent – by the secretary of the commission.

2. If necessary, sessions of an election commission may be convoked by a decision of a higher-level election commission.

3. On written demand of one-third of the membership of the election commission, the chairperson of the election commission or his/her deputy must convoke a session of the commission no later than on the following day after the receipt of such demand.

4. The first session of an election commission shall be convoked no later than on the third day after its formation, and the following sessions – as necessary. If an election commission is formed concurrently with formation of an election district according to paragraph thirteen of Article 28 or paragraph thirteen of Article 29 of this Law, the first session of the commission shall be convoked no later that on the day following its formation.

5. A session of an election commission is authorized if at least two thirds of the membership of this commission is present at the session. On election day, in particular during vote count and the tabulation of the results of the vote in the election district, and the tabulation of the vote within the territorial election constituency, a session of a district election commission or a polling station commission is authorized if more than one half of the membership of this commission is present.

6. A session of an election commission shall be convoked with mandatory notification of all commission members about the time, place for the commission session and its agenda.

7. Members of election commissions shall be given draft decisions of the commission and the necessary documents, as a rule, no later than on the day prior to the day when the session of the commission is conducted, but no later than at the beginning of the session.

8. The meeting of the electoral commission is presided over by the head of the commission or his/her deputy; in case they dot not fulfill this function or in case of their absence, including on the voting day, in particular during the calculation of votes at the polling station and tabulation of results in the territorial constituency, at each such meeting the commission shall appoint from its composition the chairperson of the meeting from those members of commission that represent the same subject of the candidacies nomination; in case of the absence or refusal of such member (or such members) of the commission another member of the commission shall be appointed. (Part eight of Article 33 in the editorial version of the Law №1114-V from 01.06.2007)

9. On the demand of three members of the commission, as well as on a decision of a higher-level election commission or a court, an election commission must consider, at its session, issues that fall within the competence of the commission, no later than three days after the demand was declared or the said decision passed but no later than on election day, and if on election day, except for the polling station election commission, – immediately. A polling station commission must consider, at its session, issues that fall within its competence on the demand of the said members, declared on election day, or upon a decision of a higher-level election commission or a court, passed on election day, immediately after the end of voting.

10. A decision of an election commission shall be adopted in an open vote by a majority of the votes of the membership of the commission, except for cases envisaged by this Law.

11. A decision of the commission shall come into force from the moment it is adopted, except for cases envisaged by this Law.

12. If sessions of the district election commission or the district election commission held on election day in particular during the vote count and the tabulation of voting results in the election district and the tabulation of the vote within the territorial election constituency, are attended by less than two thirds of the composition of the commission a decision of the commission shall be adopted by not less than two thirds of the number of commission members present at the session of the commission.

13. A member of an election commission, who takes part in its session and disagree with the decision passed by the commission, shall have the right, within two days after the session at which the decision was adopted, to express dissenting opinion in written form that shall be attached to the respective minutes of the session of the election commission and become an integral part of it.

14. A decision of an election commission passed within the limits of its competence shall be mandatory for execution by all subjects of the election process, state executive bodies and bodies of local self-government, their officers and officials, as well as mass media.

15. A decision of an election commission that contradicts the legislation of Ukraine or has been passed in excess of its powers may be cancelled by a higher-level election commission or declared illegal and cancelled by court. In such a case, the higher-level election commission shall have the right to pass a decision on the merits of the issue.

16. Appeals, complaints and other documents submitted to an election commission shall be accepted and registered according to the procedure established by the Central Election Commission.

17. An election commission may hire respective specialists, experts and technical staff to provide organizational, legal and technical support to exercise its powers envisaged by this Law.

18. Nobody has the right to interfere with activity of election commissions, except in cases envisaged by law.

Article 34. The Right to Be Present at a Session of a Commission

1. The representatives of parties (blocs) in the Central Election Commission shall take part in sessions of the Central Election Commission with the right to a deliberate vote.

2. The following individuals shall have the right to be present at a session of the Central Election Commission without permission or invitation:

1) candidates for deputy and proxies of parties (blocs) in the nationwide election constituency (altogether no more than two persons from each party or bloc);

2) official observers from foreign states and international organizations;

3) representatives of mass media.

3. Only the following persons shall have the right to be present at sessions of a district or polling station election commission without permission or invitation of the respective commission, including during the vote count and tabulation of voting results in the election district on election day in the premises where the poll is conducted:

1) members of higher-level election commissions;

2) candidates for deputy, proxies of parties (blocs), official observers of parties (blocs) that are subjects of the election process (altogether nor more than two persons who are candidates for deputy, proxies or official observers from the same party or a bloc);

3) official observers from public organizations (no more than three persons from different public organizations altogether);

4) official observers from foreign states and international organizations;

5) representatives of mass media (nor more than two persons from each media outlet).

4. Other persons, except for those indicated in paragraph three of this Article, may only be present at a session of an election commission with the permission or invitation of this commission, which shall be subject to a decision of the election commission. The presence of persons not envisaged by paragraph three of this Article in the polling station during the conduct of voting, as well as at the session of an election commission during the count of votes and the tabulation of the voting results is prohibited.

5. An election commission may pass a motivated decision to deprive persons indicated in paragraph three and four of this Article the right to be present at a session of the election commission if they illegally impede its conduct. Such decision shall be passed by two thirds of membership of the commission.

6. Employees of law enforcement bodies may only carry out the protecting of law and order on election day and during the vote count outside the premises for voting. In the event that a case of violation of law and order occurs, the chairperson, the deputy chairperson or the secretary of the commission may summon them exclusively to take measures to reinstall law and order and for the period of time necessary to accomplish these measures.

Article 35. Documentation of the Activities of Election Commissions

1. Documentation of the activities of an election commission shall be performed according to the procedure determined by this Article and the procedure for conducting the administrative paperwork of election commissions, which shall be approved by the Central Election Commission.

2. The secretary of an election commission shall keep the minutes protocol on the session of the commission. If the secretary of the commission is absent or in the event he/she does not perform his/her their duties at the session of the commission, the com-mission shall elect a secretary of the session from among its membership to perform the duties of the secretary of the commission at the respective session and when completing the documents of the session. The minutes of a session of a commission shall be signed by the person presiding over the session and by the secretary of the commission (or the secretary of the session). The minutes of a commission session shall be provided to all commission members for familiarization no later than on the next session of the com-mission, and commission members shall have the right to sign it.

3. A decision of an election commission on the considered issue shall be completed in the form of a resolution that shall include the following details:

1) the name of the commission;

2) the title of the resolution;

3) the date and place for its adoption and the consecutive number of the resolution;

4) a motivation part which gives references to the circumstances that constituted the grounds for considering the issue at the session of the commission, references to the relevant provisions of sub-legal acts or a resolution of a higher-level election commission or court decision which were taken as a basis when passing the resolution;

5) a resolution part.

4. The person who presides the session of the election commission shall sign a resolution. The content and number of the resolution shall be reflected in the protocol of the respective session of the election commission.

5. A resolution passed by a district of polling station election commission shall be posted on the commission’s board for official materials for public review no later than on the morning on the day following the day it was passed, but if passed on the eve of the day of election, on election day or during the tabulation of the results of the vote – no later than four hours after termination of the session of the election commission. Such a resolution shall be brought to notice of subjects of the election process, whom it concerns, within the same terms. A copy of the resolution certified by the chairperson of the election commission or his/her deputy and the secretary of the election commission and stamped with the seal of the election commission shall no later than four hours after it was passed, but on election – immediately, be issued to the subject of the election process, whom it concerns, at his/her request. The board for official materials of the commission shall be set up in the premises of the commission at a place that is freely accessible to visitors.

6. A commission may pass protocol decisions on issues of current affairs.

7. An election commission shall complete acts and protocols. Acts of the commission shall certify a certain fact or event determined and acknowledged by the commission. Protocols of the commission shall determine the results of certain actions performed by the commission.

8. Acts and protocols of an election commission shall be completed up in cases envisaged by this Law, in the form approved by the Central Election Commission and in the number of copies determined by this Law. An act or a protocol of a commission shall be signed by all members of the election commission that are present at the session and their signatures shall be certified with the seal of the election commission. Candidates for deputy, representatives of parties (blocs) in the Central Election Commission or proxies of parties (blocs) and official observers present at the session shall have the right to sign the first copy of the act or protocol.

Article 36. Status of an Election Commission Member

1. The status of a member of the Central Election Commission shall be determined by the Law of Ukraine “On the Central Election Commission”.

2. The status of a member of a district or polling station election commission, as well as the procedure for acquiring this status, shall be determined by this Law.

3. A member of a district or polling station election commission shall in mandatory order familiarize him- or herself with the content of paragraph seven through twelve of this Article on the first session of the election commission he or she participates in and shall take the following oath of the commission member:

"I (last name, first name and patronymic), assuming the powers of a member of an election commission and acknowledging my high responsibility before the Ukrainian people, swear that I will observe the Constitution and the laws of Ukraine, honestly and diligently perform my duties based on the principles of rule of law, legality, objectivity and impartiality, and ensure the exercise and protection of election rights of citizens of Ukraine."

4. An individual who has taken the oath shall put his or her signature under the text of the oath. This document shall be an integral part of the documentation of the respective commission. After taking the oath, the member of the commission shall receive a certificate signed by the chairperson of the higher-level commission.

5. Refusal to take the oath shall mean that the person refuses membership of the commission.

6. Subject to the decision of the election commission, as approved by the higher-level election commission, the chairperson, the deputy chairperson, the secretary or other members of a district or polling station election commission (no more than three persons altogether) may, for the entire duration of the authority of the election commission or for part of this period, perform their duties in the election commission on a paid basis in accordance with Article 50 of this Law or perform their duties on the basis of a civil-legal agreement concluded between them and the election commission. For this period, the said persons shall be released from their work or service duties at their main place of work with preservation of their general and special service record.

7. An election commission member shall have the right to:

1. take part in preparation of issues that are submitted for the consideration of the election commission;

2. take the floor at sessions of the election commission, ask other participants of the session questions regarding the agenda, make proposals on issues that fall within the competence of the commission;

3. upon a mandate of the respective election commission, inspect the activities of lower-level election commissions;

4. familiarize him- or herself, without obstruction, with the documents of the election commission of which  he/she is a member, as well as the documents of lower-level election commissions on the respective territory;

5. to receive compensation for damages to his/her life, health or property inflicted as a result of performing the duties of a commission member, including travel expenses related to performing commission member duties, according to the procedure and in the amount established by the Cabinet of Ministers of Ukraine.

8. A commission member may not be dismissed or demoted at the place of work for reasons related to his/her work duties in the election commission.

9. A commission member shall be obliged to:

1. observe the Constitution of Ukraine, this Law and other laws of Ukraine with a bearing on the preparation for and conduct of elections;

2. take part in sessions of the election commission;

3. implement decisions of the election commission and the responsibilities vested into him/her in accordance with allocation in the commission.

10. A member of an election commission shall also have other rights and responsibilities in accordance with this and other laws of Ukraine.

11. For the period of time during which the member of an election commission is directly carrying out his/her duties (participation in sessions of the commission, in other activities aimed at implementing this Law or decisions of the commission) each election commission member shall be covered by the guaranties and compensations foreseen in the legislation for employees conducting work in line with State or civil duties during working hours. Election commission members shall be released from performing the professional duties of their principal place of work for the time that is required to perform duties as a commission member, upon written notice from the chairperson, the deputy chair-person or secretary of the respective election commission, concerning calling a session of the commission or upon decision of an election commission to engage the commission member in other activities envisaged in this Law. Such notices or decisions shall indicate the date, time and expected duration of the session of the election commission or other activity.

12. It is prohibited for a member of an election commission to campaign in favor of or against parties (blocs), and deputy candidates; to assess the activities of parties (blocs) that are partaking in the election process or candidates for deputy, in public during the time he/she carries out his/her duties.

Article 37. Pre-term Termination of the Powers of the Election Commission or a Member of an Election Commission

1. The powers of the entire membership of a district or polling station election commission may be terminated pre-term by the election commission that formed it, of its own initiative or based on a court decision in the case that the commission systematically violates the Constitution of Ukraine, and other laws of Ukraine.

2. Pre-term termination of the powers of the entire membership of an election commission does not signify the termination of this commission.

3. The powers of a member of a district or polling station election commission shall be terminated pre-term by the election commission that formed it in connection with the following circumstances:

1. the commission member files a personal statement of resignation as commission member;

2. the subject of submission recalls his or her candidacy;

3. his or her Ukrainian citizenship is terminated;

4. he or she is absent from the territory of Ukraine or the territory of a country where an election district abroad has been formed through the day of the election inclusively that prevents him/her from performing the duties of a commission member;

5. he or she is registered as a candidate for people's deputy of Ukraine,  candidate for deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, candidate for deputy of a local council or candidate for the position as head of village, settlement or city council, if these elections are held concurrently with the elections of people's deputies of Ukraine;

6. he or she is registered as the representative of a party (bloc) in the Central Election Commission, as an authorized person of a party (bloc) or a proxy of a candidate for a deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, a candidate for deputy of a local council or a candidate for the position of head of any village, settlement or city, or as an authorized person of a local branch of a party (bloc of local branches of parties) if these elections are held concurrently with the elections of people's deputies of Ukraine;

7. he or she becomes a member of another election commission that carries out the preparations for and conduct of elections of people's deputies of Ukraine or deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils or heads of any village, settlement or city, if these elections are held concurrently with the elections of people's deputies of Ukraine;

8. he or she refuses to take the commission member oath;

9. he or she violates the commission member oath, which is revealed as a systematic failure to fulfill the duties laid upon him/her and certified by at least two decisions on this matter by the election commission, in which he or she is a member;

10. repeat or gross violation of the legislation of Ukraine on elections, as determined by a court decision or a decision of a higher-level election commission;

11. upon being convicted by a court for committing a deliberate crime and upon this conviction entering into legal force;

12. he or she is declared incapacitated;

13. with his or her death.

4. If the circumstances envisaged in sub-paragraph 1, 3, 5–8, 11–13 of paragraph three of this Article occur, the powers of the commission member shall be terminated from the moment they occurred or were discovered, and if the circumstances envisaged in sub-paragraph 2, 4, 9 and 10 of paragraph three of this Article apply – from the moment when the decision to terminate his or her powers is passed.

5. The higher-level election commission that pre-term terminated the powers of the entire membership of an election commission or a certain member of the election commission, or discovered grounds for the termination of powers, shall, no later than on the following day, inform the subjects that filed the submission that formed the basis for including the persons whose powers were pre-term terminated, or concerning whom, reasons for the termination of their powers have been revealed, into the membership of the election commission.

6. In the case of pre-term termination of the powers of the entire membership of an election commission, a higher-level election commission shall no later that on the seventh day from the day the commissions powers were terminated but no later than the last day prior to election day approve the new composition of the election commission according to the procedure determined by this Law.

7. In the case of pre-term termination of the powers of a member of a commission, the respective higher-level election commission shall no later than on the seventh day after termination of his or her powers and no later than on the last day prior to election day include another person into the membership of the commission instead of the member of the commission whose powers were terminated in accordance with the procedure determined by this Law.

8. In the case that the powers of a member of a commission is terminated pre-term on the last day prior to election day, such a decision shall be passed concurrently with a decision to include another representative into the membership of the respective election commission from the same party (subject) that submitted the candidacy.

9. The party (bloc) that is the subject that submitted the candidacy of the commission member whose powers are terminated pre-term shall have priority in submitting a candidacy to be included into the membership of the commission in the place of the dismissed. Such submission, made in accordance with the requirements of this Law, may not be rejected.

10. In the case that the powers of a member of a polling station election commission abroad is terminated pre-term, and in the absence of a submission from the subject for submitting a candidacy, specified in paragraph nine of this Law, another person shall only be included in the membership of the commission upon submission of the Ministry of Foreign Affairs of Ukraine in case the number of members of the polling station election commission becomes lower than the minimum number, determined by paragraph two and three of Article 28 of this Law.

11. In the case that the chairperson, the deputy chairperson or the secretary of an election commission systematically fail to carry out the duties that have been assigned to them, the respective district election commission or polling station election commission may file a motivated submission to the election commission that formed it with a request to replace him or her if no less than two thirds of the membership of the commission has voted in favor of this. This submission shall be subject to mandatory consideration within the terms indicated in paragraph seven of this Article. A decision to replace the chairperson, deputy chairperson or secretary of an election commission shall not signify termination of their powers as members of the respective election commission. Such a decision shall be adopted taking into account the requirements of paragraph nine and ten of Article 27 and paragraph ten and eleven of Article 28 of this Law.

Article 38. Obtainment and Termination of the Status of a District Election Commission as a Legal Entity

1. Obtainment and termination of the status of a district election commission as a legal entity shall be carried out in accordance with the procedure envisaged by the laws of Ukraine, with specific details determined by this Law.

2. A district election commission shall obtain status as a legal person from the moment when a notice about the inclusion of information on the commission has been made in the Unified State Register of Individuals and Legal Entities – Entrepreneurs.

3. In order to enter a notice about the inclusion of information about the district election commission into the Unified State Register of Individuals and Legal Entities – Entrepreneurs, the chairperson of the commission or, in his or her absence, the deputy chairperson, shall no later than six days after the day the commission was formed, personally submit a copy of the respective resolution of the Central Election Commission on the formation of the commission and the completed registration card of the established form to the state registration officer at the location of the district election commission.

4. As a legal entity the district election commission shall not pay any registration fee.

5. The status of the district election commission as a legal entity shall be terminated by way of submitting notice about the exclusion of the commission from the Unified State Register of Individuals and Legal Entities – Entrepreneurs.

6. The chairperson of the district election commission, or in his or her absence – the deputy chairperson, shall no later than five days after the official announcement of the results of the elections of deputies personally submit a written notice about the date of the termination of the commission to the registration body.

7. The Bulletin of State Registration shall publish information about the date of termination of a district election commission on the basis of the notice, indicated in paragraph six of this Article, and this information shall serve as a basis for announcing claims against the commission regarding its debt obligations.

8. A payment for publishing information about the termination of a district election commission in the Bulletin of State Registration shall not be made.

9. In order to implement state registration of the termination of a district election commission as a legal entity through liquidation, the district election commission chairperson, or in his or her absence – the deputy chairperson, must personally after the conclusion of the procedure for terminating the commission, but not earlier than thirty days after the official announcement of the results of the election, submit a completed registration card in the established format, the certificate about the state registration as legal entity, a statement from the archive institution about the receipt of documents that according to law are subject to long-term storage, as well as an act of joint review made by financial-audition bodies to a state registration officer at the location of the district election commission. Additional documents for state registration of the termination of a district election commission as a legal entity as a result of its liquidation shall not be required.

10. The chairperson of the district election commission, or in his or her absence – the deputy chairperson, shall forward the certificate about the state registration of the legal person with the remark of the registration body about the termination of the state registration to the Central Election Commission.

Chapter V

VOTER LISTS

Article 39. Procedure for Compiling General Voter Lists

1. In order to prepare for the conduct of voting, general voter lists in the format approved by the Central Election Commission shall be compiled by 1 October of the year preceding the year of regular elections of people's deputies of Ukraine.

2. Voter registration working groups (henceforth rayon and city voter registration working groups) shall be created by the rayon state administrations and, in the cities of Kyiv and Sevastopol, rayon-in-city state administrations and the executive bodies of city councils (in cities of republican significance in the Autonomous Republic of Crimea, and in cities of oblast significance) for the compilation and update of general lists of voters who reside on the territory of each village, settlement, city and rayon-in-city in the cities of Kyiv and Sevastopol for the period from August 1 of the year preceding the year of regular elections of people's deputies of Ukraine until the day of holding regular elections, inclusively. (Paragraph two of Article 39 with amendments made in accordance with Law No 3519-IV on 14.03.2006)

3. Voter registration working groups (henceforth regional voter registration working groups) shall be created by the Council of Ministers of the Autonomous Republic of Crimea, the oblast and Kyiv and Sevastopol city state administrations to assist the work of rayon and city voter registration working groups and to generalize and update general lists of voters who reside on the respective territory of the Autonomous Republic of Crimea, the oblasts and the cities of Kyiv and Sevastopol for the period of August 1 of the year preceding the year of regular elections of people's deputies of Ukraine until the day of holding regular elections, inclusively. (Paragraph three of Article 39 with amendments made in accordance with Law No 3519-IV on 14.03.2006)

4. The Ministry of Internal Affairs of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Defense of Ukraine, and the State Department of Ukraine in charge of the penitentiary shall, by 1 August of the year preceding the year of regular elections, assign officials who shall be in charge of cooperating with the voter registration working groups and provide them with the information necessary for compiling the general voter lists.

5. The Council of Ministers of the Autonomous Republic of Crimea, the oblast and Kyiv and Sevastopol city and rayon state administrations, the executive bodies of city councils (in cities of republican significance in the Autonomous Republic of Crimea, and in cities of oblast significance) shall provide premises for the work of the respective voter registration working groups equipped with phone and electronic communication lines, furniture and computer hardware.

6. District, city and regional voter registration working groups shall compile the general voter lists according to the procedure determined by this Law and the Procedure for Compiling the General Voter Lists, approved by the Central Election Commission.

7. The compilation of the general voter lists shall be financed with funds from the State Budget of Ukraine allocated for these purposes. The Central Election Commission shall be the main administrator of these funds. The Cabinet of Ministers shall determine the procedure for transferring the necessary funds to the executive bodies of councils or to the bodies that, according to law, carry out their responsibilities.

8. Employees of executive bodies of local councils and members of voter registration working groups that are officials of the Council of Ministers of the Autonomous Republic of Crimea, the oblast or rayon state administrations or the executive bodies of city councils who are involved in the compilation of the general voter lists may receive remuneration in the amount and in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.

9. A working group for the registration of voters who reside or stay beyond the borders of Ukraine shall be created at the Ministry of Foreign Affairs of Ukraine within the terms indicated in paragraph two of this article for the compilation and update of a general list of voters who reside or stay in foreign countries.

10. Citizens of Ukraine who are or by election day will reach the age of 18 and have the right to vote and who, at the time of compilation of the general voter list, reside on the respective territory or serve mandatory conscription service in military units (formations) deployed on the respective territory or are in penitentiary institutions located on the respective territory shall be included in the general voters list. The following information about the voter shall be entered into the general voter list:

1. the surname, name, and patronymic;

2. the date of birth;

3. the place of birth (state, oblast, rayon, city, settlement or village) according to the administrative-territorial division at the time when the voter lists are compiled;

4. the place of residence (with an indication of the address of residence) or place of stay;

5. If necessary, a remark about permanent disability of movement.

11. The place and address of residence of a voter shall be determined based on information of the registration according to the Law of Ukraine “On Freedom of Movement and Free Choice of Place of Residence in Ukraine”.

12. The following persons shall submit information about citizens of Ukraine who have reached, or by the day of election will reach, the age of 18 to rayon or city voter registration working groups by September 1 of the year preceding the year of regular elections of people's deputies of Ukraine and in the form approved by the Central Election Commission:

1. heads of the respective territorial bodies of the Ministry of Interior of Ukraine – information about citizens of Ukraine who are registered on the respective territory, in particular citizens who by the day of election will reach the age of 18 as well as about citizens who reside or used to reside on the respective territory and have changed their place of residence since the last elections of the President of Ukraine or elections of people's deputies of Ukraine;

2. heads of villages, settlements, cities (cities of rayon significance) – about citizens of Ukraine who reside on the territory of the respective local council as well as about citizens who permanently cannot move independently;

3. heads of territorial bodies of the Ministry of Justice of Ukraine – about citizens of Ukraine who previously resided on the respective territory and died after the last regular elections of the President of Ukraine or elections of people's deputies of Ukraine, as well as about citizens who changed their name, surname or patronymic during the same time;

4. heads of local military enrollment offices – about citizens of Ukraine who used to reside on the respective territory and were conscripted for mandatory military service within the past eight months;

5. commanders of military units (formations) deployed on the territory of the respective city or rayon – about citizens of Ukraine who reside at the place of deployment of the respective military unit (formation), including mandatory conscription military servicemen, who will not be released to reserve duty until the day of election;

6. heads of local bodies of the penitentiary of the State Department in charge of the penitentiary – about citizens of Ukraine who serve their terms in institutions located on the respective territory;

7. heads of education institutions – about citizens of Ukraine who reside in dormitories of the respective education institutions;

8. heads of enterprises, institutions, facilities and organizations – about citizens of Ukraine who reside in apartment houses (dormitories) owned by the respective enterprises, institutions, facilities and organizations;

9. heads of the respective bodies for custody and care – about citizens of Ukraine who have legally been declared incapacitated;

10. heads of specialized institutions who keep a record of homeless citizens in accordance with the Law of Ukraine “On the Principles for Social Protection of Homeless Citizens and Children” – about citizens of Ukraine who are registered at the specialized institution’s legal address;

11. heads of social protection institutions – about citizens of Ukraine who reside on the respective territory and who permanently cannot move independently.

13. The following entities shall submit information to the working group for registration of voters who reside or stay abroad, by September 1 of the year preceding the year of regular elections of people's deputies of Ukraine:

1. diplomatic and other official representations and consular institutions of Ukraine in foreign states – about citizens of Ukraine who are on the consular record, as well as about other citizens of Ukraine who reside or stay in the respective foreign state;

2. the Ministry of Defense of Ukraine – about citizens of Ukraine who undergo military service at military units (formations) deployed outside of Ukraine.

14. Diplomatic and other official representations and consular institutions of Ukraine shall be obligated to take measures to obtain reliable information envisaged by sub-paragraph 1 of paragraph thirteen of this Article, including by petitions to competent State bodies in the country of stay or directly to citizens of Ukraine who reside or stay in the respective foreign state.

15. The information envisaged in paragraph twelve and thirteen of this Law shall be submitted in the format established by the Central Election Commission. The said information shall be submitted in hard copy and in electronic form. The reliability of the information shall be certified on each page with the signature of the head of the respective body, enterprise, institution or organization, the commander of the military unit (formation), the head of the village, settlement or city and with the seal of the body, enterprise, institution, organization, representation or military unit (formation).

16. The officials, heads of bodies, enterprises, institutions, organizations and representations and commanders of military units (formations) indicated in paragraph twelve and thirteen of this Article shall be obligated to ensure timely submission of full and reliable information in the required format.

17. State control, in compliance with the procedure for compiling general voter lists by entities, enterprises, institutions, organizations, representations and commanders of military units (formations) shall be carried out by the Cabinet of Ministers of Ukraine and the Central Election Commission.

18. In order to ensure public control over the compilation process and reliability of general voter lists, the Central Election Commission shall no later than on 1 October of the year preceding the year of regular elections of people's deputies of Ukraine establish a central control group and regional (in the Autonomous Republic of Crimea, the oblasts, and the cities of Kyiv and Sevastopol) control groups each comprising of one representative from parties (blocs) that have their party (bloc) factions in the current convocation of the Verkhovna Rada of Ukraine as of 15 September of the year preceding the election year, upon submission of the central leading bodies [of parties] (joint submissions of central leading bodies of parties constituting a bloc).

19. By 1 October of the year preceding the year of elections, the voter registration working group envisaged by paragraph two or nine of this Article shall compile the respective local (rayon, city or rayon-in-city) general voter list or a general list of voters who reside or stay abroad in the format established by the Central Election Commission. The list shall be produced in hard copy and electronic form, the format of which shall be established by the Central Election Commission. Voters shall be included in such a list according to their place of residence. The general voter list shall have a consecutive numbering of voters; the general voter list in hard copy form shall have a consecutive numbering of pages. The general voter list shall also contain information about other possible places of residence of the voter and, if necessary, about his or her permanent mobile disability.

20. The general voter list compiled within the boundaries of the respective region on the basis of the local general voter lists, envisaged by paragraph nineteen of this Article, shall be forwarded in electronic form by the regional voter registration working group to the Central Election Commission according to the procedure and within the terms determined by the Central Election Commission. The general list of voters who reside or stay abroad shall be forwarded by the voter registration working group indicated in paragraph nine of this Article to the Central Election Commission according to the same procedure and within the same terms.

21. The Central Election Commission shall provide electronic copies of the general voters list to members of the central control group, envisaged by paragraph eighteen of this Article, at their request.

Article 40. Procedure for Updating the General Voter List

1. By  October 20 of the year preceding the year of elections of people's deputies of Ukraine, regional voter registration working groups shall send information about citizens that changed their place of residence to the voter registration working groups of rayons, cities and rayons-in-cities where there is a possibility that citizens may have been included in the general voter list at their previous place of residence.

2. Rayon and city voter registration working groups shall submit the general voter list for public review in premises that are accessible for visiting citizens no later than  November 1 of the year preceding the year of elections. The general voter list shall be accessible for review until  January 1 of the year of elections. A notification about the submission of the general voter list for public review indicating the place and time, when and where it is possible to review the general voter list, shall in the indicated period be published in local print media no less than once per week, as well as announced on local television and radio channels no less than two times per week.

3. The working group for registration of voters who reside or stay abroad shall compile general lists of voters according to the country of stay. Such voter lists shall be submitted for public review within the terms determined by paragraph two of this Law in the premises of diplomatic or other official representations or consular institutions of Ukraine abroad or at the place of deployment of a military unit (formation) of Ukraine that is deployed abroad. The respective representation or institution shall publish, in a manner that is accessible for citizens of Ukraine staying abroad, a notification about the submission of the general voter list for public review indicating the place and time, when and where it is possible to review the general voter list.

4. A voter may only be entered into the general voter list once.

5. Each citizen shall have the right to review the general voter list on the premises envisaged by paragraph two and three of this Article, and verify the accuracy of the information included in the list. He or she may provide information to the respective voter registration working groups about persons that permanently cannot move independently because of disability or age, which shall constitute the basis for checking such information and, in case of confirmation, for entering the respective information into the general voter list. A citizen shall have the right to file a complaint to the rayon or city voter registration working group or to the local court against inaccuracies made during the compilation of the general voter list, including non-inclusion, incorrect inclusion or exclusion from the general voter list of him/herself and other persons, or the presence or absence of a note about the voter’s permanent disability of independent movement. A citizen who is staying abroad shall file the respective complaint to the official representation or consular institution of Ukraine where he/she has reviewed the general voter list. The said institution or representation shall immediately forward the complaint to the working group for registration of voters who reside or stay abroad.

6. The voter registration working groups shall update the general voter lists. The update of the general voter lists shall be performed from the time they are submitted for public review until February 1 of the year of ordinary elections of people’s deputies of Ukraine.

7. The update of the general voter list shall be performed by voter registration working groups jointly with the regional control groups created according to paragraph eighteen of Article 39 of this Law.

8. Within the terms established in paragraph six of this article, the Central Election Commission shall ensure the elaboration of the general voter lists in the electronic form, in particular with the aim to reveal cases of incorrect or multiple entries of a person on the voter list. The Central Election Commission shall immediately notify the respective voter registration working groups about discovered cases of incorrect or multiple entries of voters on the general voter list by technical communication means.

9. The notifications, envisaged by paragraph one and eight of this Article, and the complaints or appeals from voters, submitted as a result of their review of the general list of voters, shall be used for the update of the general voter lists.

10. If instances of multiple entries of a voter on the general voter lists are revealed from the notifications, envisaged by paragraph one and eight of this Article, the voter registration working group or the respective official representation or consular institution of Ukraine acting on its directive shall conduct a verification of the presence of the voter in the indicated place of residence. If the residence of the voter at the respective address is confirmed, the voter registration working group or the respective official representation or consular institution of Ukraine shall send a written request to such a voter suggesting him or her to determine the place where he or she shall be included in the general voter list. The voter shall be obligated, within fifteen days after the receipt of the request, to provide a response that eliminates the possibility of a multiple entry of him or her on the voter list. If the presence of the voter at the indicated place of residence and address of living is not confirmed, the voter registration working group shall exclude such a voter from the general voter list at the indicated place of residence.

11. If the voter does provide a response to the request envisaged by paragraph ten of this Article, the voter registration working group shall exclude such voter from the general voter list at the indicated place of residence; such voter shall be included in the general voter list of populated area where his or her place of residence is registered according to the information about registration by place of residence.

12. The format of the request from the voter registration working group regarding a clarification of the populated area, into the general voter list of which the citizen who was entered multiple times in the general voter lists shall be included, and of the response to the request, shall be established by the Central Election Commission.

13. After the update of the general voter list is completed, the voter registration working group shall produce an updated general voter list in the format established according to paragraph nineteen of Article 39 of this Law. The respective voter registration working group shall forward the updated general voter list in electronic form to the Central Election Commission according to the procedure and within terms determined by the Central Election Commission. The Central Election Commission shall provide electronic copies of the updated general voter list to members of the central control group envisaged by paragraph eighteen of Article 39 of this Law.

Article 41. Procedure of Compiling Voter Lists for Ordinary Polling stations

1. After polling stations are established, voter registration working groups shall compile voter lists for each ordinary election district based on the respective updated general voter list indicated in paragraph thirteen of Article 40 of this Law, and transfer it in three hard copies and electronic form to the respective head of the settlement, village, city or rayon-in-city or to another official who according to the law carries out his/her responsibilities. (Paragraph one of Article 41 with amendments made in accordance with Law No 3437-IV on 09.02.2006)

2. The voter list in the election district envisaged by paragraph one of this Article shall be compiled in the format established by the Central Election Commission in three hard copies as well as in electronic form. The hard copy voter list shall be signed by the respective head of the settlement, village, city or rayon-in-city or by another official who according to law carries out his/her responsibilities. The signature of such official shall be certified with the respective seal. (Paragraph two of Article 41 with amendments made in accordance with Law No 3437-IV on 09.02.2006)

3. A voter may only be included into the voter list of one election district.

4. The voter list in the election district shall contain the surname, name and patronymic, date of birth (day, month and year), place of residence and address of residence of the voter, though for servicemen in mandatory military service and persons in institutions of the penitentiary system – the address of the place of stay. A place for the voters’ signature in receipt of the ballot paper on election day and for remarks respectively shall be envisaged in the voter list. Voters shall be included into the voter list in a manner that is convenient for the conduct of voting.

5. On the basis of the general voter list a corresponding remark in the voter list in the election district in the field “remarks” shall be made against the surnames of voters who are permanently unable to move on their own.

6. The head of the settlement, village or city, or the head of the rayon-in-city council or another official who according to law carries out his/her responsibilities shall no later that forty days prior to election day hand over the voter lists in ordinary polling stations in hard copy (in 2 copies) and in electronic form to the respective district election commissions at their sessions. An act on the hand-over of the said voter lists shall be completed in the form and according to the procedure established by paragraph eight of Article 35 of this Law. One copy of the act shall be kept with the head of the settlement, village or city or the head of the rayon-in-city council or another official who according to law carries out his/her responsibilities, the other – in the district election commission.

7. If the district election commission is not provided with the voter list in an ordinary election district forty days prior to election day it shall object, according to the procedure envisaged by this Law, against the inactivity of the respective head of the settlement, village or city or rayon-in-city council head or another official who according to law carries out his/her responsibilities.

8. A district election commission shall no later than thirty-two days prior to election day hand over one copy of the voter list in the election district to the respective polling station election commission of an ordinary election district. The second copy shall be kept in the district election commission. No less than three members of the polling station election commission that represent different parties (blocs), one of whom must be the chairperson of the commission, or if this is not possible – the deputy chairperson or the secretary of the commission shall receive the voter lists on behalf of the commission. The hand-over of the voter list to the polling station election commission shall be completed in two copies in the format and according to the procedures established by paragraph eight of Article 35 of this Law.

9. The authorized person of a party (bloc) in the territorial election constituency shall have the right to receive a copy of the voter list of each ordinary election district of the respective territorial election constituency in electronic form.

Article 42. Absentee Certificates for the Right to Vote in Elections of Deputies

1. A voter, who no earlier than thirty days prior to election day moves from the populated area where he is included into the voter list in an ordinary election district, or returns to Ukraine from abroad may address the polling station election commission with a written statement where he/she requests to be issued an absentee certificate for the right to vote in the elections of deputies (hereafter: absentee certificate) and to be taken off the voter list. The reason why he/she cannot vote according to place of residence, and the number of the territorial election constituency or out-of-country constituency where he/she intends to vote on election day shall be indicated in the statement. The voter may file such a request no later than at 20.00 hours on the last Friday prior to election day. Two members of the polling station election commission shall issue the voter an absentee voting certificate on the basis of such statement and one of the documents, specified in paragraph four (for ordinary polling stations) or six (for polling stations abroad) of article 2 of this Law. (Paragraph one of Article 42 with amendments made in accordance with Law No 3099-Iv on 17.11.2005)

2. The Central Election Commission shall establish the format of the absentee certificate no later than sixty days prior to election day. Absentee certificates shall have a unique numbering throughout Ukraine.

3. The format of the absentee certificate shall contain fields for:

1. the surname, name and patronymic of the voter to whom the absentee certificate is issued;

2. the number of the territorial election constituency or indicating the out-of-country election constituency, and the number of the election district, where it was issued;

3. the number of the territorial election constituency or indicating the out-of-country election constituency where the voter intends to vote;

4. the surnames and signatures of the two polling station election commission members who issued the certificate;

5. the date of issuance of the certificate;

6. an imprint of the seal of the polling station election commission;

7. the signature of the voter who received the absentee certificate.

4. Absentee certificates shall be produced in an amount that exceeds the number of votes included into the general voter lists by two per cent, compiled according to paragraph twelve of Article 40 of this Law. The producing enterprise must ensure that the ordered quantity of absentee certificate forms produced is strictly kept and that they are accounted for and transferred according the decisions of the Central Election Commission. The Central Election Commission shall establish the procedure for the printing of absentee certificate forms, their reception from the producing enterprise by the Central Election Commission and their transfer to the district election commissions.

5. The Central Election Commission shall ensure that absentee certificate forms are produced in a centralized manner by a State printing enterprise on the basis of a contract concluded between itself and the said enterprise no later than forty-five days prior to election day.

6. The absentee certificate shall be a document of strict accountability. The producer of the absentee certificates shall ensure that the ordered amount of absentee certificates forms is strictly kept and that they are accounted for and transferred to the purchaser in accordance with the procedure established by the Central Electoral Commission. The Central Election Commission, the district and polling station election commissions shall ensure storage and strict record of the received and issued absentee certificate forms in accordance with the requirements of this Law. Documentation, which ensures storage and record-keeping of the absentee certificate forms, shall be transferred by the producing enterprise and by the district and polling station election commissions to the Central Election Commission. The Central Election Commission shall ensure that the record-keeping documentation is transferred to the respective archive institutions and stored after the official publication of the results of the election.

7. The Central Election Commission shall no later than thirty-five days prior to election day hand over absentee certificate forms to district election commissions in a quantity that does not exceed two per cent of the number of voters, who have been included into the voter lists within the respective territorial election constituency according to the procedure established by the Central Election Commission.

8. The district election commission shall no later than thirty two days prior to election day transfer the absentee certificate forms to the polling station election commissions of ordinary polling stations, in a quantity that does not exceed two per cent of the tentative number of voters, who have been included into the voter lists in the respective election district, together with the voter lists according to the procedure indicated in paragraph eight of article 41 of this Law. An Act in two copies on the hand-over of absentee certificate forms to the polling station election commission shall be completed in the form and according to the procedure established by paragraph eight of article 35 of this Law.

9. Polling station election commissions of special polling stations shall not be issued absentee certificates.

10. Polling station election commissions of polling stations abroad formed in diplomatic and other official representations and consular institutions of Ukraine abroad shall be handed absentee certificate forms according to the procedure established by the Central Election Commission, in a quantity that shall equal one per cent of the number of voters who are on the voter list in the respective election district at the time of the hand-over of absentee certificate forms. An absentee certificate issued in an election district abroad shall only constitute the basis for including a voter on the voter list in an ordinary election district according to the procedure established by paragraph twenty of this article.

11. Absentee certificate forms that have not been handed over to the polling station election commissions shall be stored in the district election commission. Based on a written motivated request of a polling station election commission of an ordinary election district filed no later that five days prior to election day, by decision of the district election commission, an additional number of forms shall be handed over to the said polling station election commission according to the procedure envisaged by paragraph eight of this Article.

12. When issuing an absentee certificate on the basis of a statement from a voter in accordance with paragraph one of this Article, two members of the polling station election commission shall enter the information and remarks, specified in sub-paragraphs 1-6 of paragraph three of this Law, into the absentee certificate and request the voter to put his/her signature in the designated place on the absentee certificate form. The note “Is-sued absentee certificate no. (indicating the number of the absentee certificate)” shall be placed in the document that he/she according to paragraph four or six of article 2 of this Law shall present on the page “Special Notes” or in another suitable place together with an indication of the date of the entry, the number of the territorial election constituency, or indicating the out-of-country election constituency and the number of the election district, where the absentee certificate was issued. The note shall be certified with the signatures of two members of the polling station election commission with an indication of their names and certified with the seal of the polling station election commission. The date of issuance and the number of the absentee certificate shall be entered into the field “The voter’s signature” in the voter list in the election district, and the signatures of the members of the polling station election commission, who issued the absentee certificate, shall be entered into the field “Remark” on the said list. Members of the polling station election commission at the place where the voter has indicated he/she will stay on election day (city, rayon, oblast) must autonomously determine the number of the territorial election constituency and provide the voter with information about the address of the respective district election commission as well as inform voters about the terms, within which he/she can apply to the respective district election commission for being entered into the voter list on the basis of the absentee certificate.

13. At 20.00 hours of the last Friday preceding the day of election, the polling station election commission shall determine the number of voters who received absentee certificates and count the number of the remaining unused absentee certificate forms. Un-used absentee certificate forms shall be cancelled by cutting off the right bottom corner. An Act about the cancellation of absentee certificate forms shall be completed in the format and according to the procedure determined by paragraph eight of Article 35 of this Law. The Act shall be completed in two copies, one of which shall be handed over to the district election commission no later than 12.00 hours of the last Saturday preceding the day of election, and the other shall be stored in the polling station election commission together with other election documentation. The following information shall be indicated in the act:

1. the amount and numbers of absentee certificate forms received by the polling station election commission;

2. the amount of voters who received absentee certificates;

3. the numbers of the unused and cancelled absentee certificate forms;

4. the amount of unused and cancelled absentee certificate forms;

5. the numbers of the territorial election constituencies, where voters who received absentee certificates intend to vote, and the amount of such voters split by territorial election constituency.

14. When the polling station election commission completes the act envisaged in paragraph twelve of this Article, it shall check if the amount of absentee certificate forms received equals the sum of the amount of voters who received absentee certificates, and the amount of cancelled absentee certificate forms. If there is a discrepancy between these data, the polling station election commission shall indicate it in the act, as well as state the reason determined by a decision of the polling station election commission to such discrepancy.

15. Cancelled unused absentee certificate forms shall be packed according to the procedure determined by paragraph ten of Article 86 of this Law. The package shall be marked “Cancelled absentee certificate forms for the right to vote in elections of people’s deputies of Ukraine”.

16. The package with the cancelled absentee certificate forms and the act about the cancellation of unused absentee certificate forms shall be stored with the secretary of the polling station election commission until the end of the poll and shall be delivered to the district election commission together with the election documentation, specified in paragraph eleven of Article 89 of this Law. (Paragraph 16 of Article 42, with amendments made in accordance with Law No 3099-IV on 17.11.2005)

17. At 20.00 hours of the last Friday preceding the day of election, the district election commission shall cancel unused absentee certificate forms according to the procedure determined in paragraph thirteen of this Article. The following information shall be indicated in the act of the district election commission about the cancellation of unused absentee certificate forms:

 

18. The district election commission shall 1. the amount and numbers of absentee certificate forms received by the district election commission;

2. the amount and numbers of absentee certificate forms handed over to polling station election commissions;

3. the numbers of unused absentee certificates, which are stored in the district election commission;

4. the amount of absentee certificates, cancelled by the district election commission.

pack the unused cancelled absentee certificate forms according to the procedure determined by paragraph ten of article 86 of this Law. The package shall be marked “Cancelled absentee certificate forms for the right to vote in elections of people’s deputies of Ukraine”. The package with the cancelled absentee certificate forms and the act about the cancellation shall be stored with the secretary of the district election commission until the completion of the protocol on the results of the voting in the territorial election constituency has ended.

19. The district election commission shall no later than thirty days prior to election day determine one large or medium sized ordinary election district within a territorial election constituency established on the territory of a large city, and within other territorial election constituencies – one large or medium sized ordinary election district on the territory of each city of oblast significance or rayon center of each rayon, as well as in recreational resort areas that are part of the territorial election constituency where voters who have been included in the voter list based on their absentee certificates shall vote.

20. A voter who in an ordinary election district received an absentee certificate for voting in the out-of-country election constituency has the right to be included in the voter list and vote at any election district abroad. A voter shall vote by absentee certificate in polling stations abroad according to the procedure determined by the paragraph nine of article 47 of this Law.

21. A voter who intends to vote by absentee certificate shall no later than at 12.00 hours of the last Saturday prior to election day submit a statement to the district election commission, indicated on the absentee certificate, together with the absentee certificate and the document, in which the remark about the issuance of the absentee certificate was made. The voter shall indicate in the statement in which of the election district, determined in accordance with paragraph nineteen of this article, he/she is going to vote on election day. An absentee certificate does not give the voter the right to vote in the populated area where it was issued.

22. For each of the polling stations determined in accordance with paragraph nineteen of this Article, the district election commissions shall compile a voter list of voters who intend to vote by absentee certificates in the respective election district, in the form established by the Central Election Commission. When doing this, the number of the absentee certificate shall be indicated in the field “Remarks” against the surname of the each voter included into the voter list together with the signatures of two members of the district election commission. A voter shall not be entered into the voter list if the absentee certificate is unduly completed or the records in it do not correspond to the records in the note about the receipt of the absentee certificate in accordance with paragraph twelve of this article. The absentee certificate is not valid without the signature of the voter.

[Article 23. lifted under Law of Ukraine "On introducing changes to some laws of Ukraine” no. 9222 of 14 March 2006] (In accordance with amendments brought about by Law No. 3519-IV on 14.03.2006 paragraph 23 of Article 42 is revoked. The numbers following are in accordance with this change). 

23. When the district election commission enters a voter on the voter list on the basis of an absentee certificate according to the procedure determined by paragraph twenty-two of this article or takes a decision to enter a voter on the voter list according to the procedure determined by paragraph twenty-three of this article, the note about the receipt of the absentee certificate envisaged by paragraph twelve of this article shall be cancelled by crossing out the imprint of the seal of the polling station election commission, which issued the absentee certificate, with an indication of the date of cancellation and signed with the signatures of two members of the district election commission.

24. The voter list compiled by a district election commission on the basis of absentee certificates according to the procedure determined by paragraph twenty-two of this article shall be handed over to the polling station election commission of the respective election district, determined in accordance with paragraph nineteen of this Article, no later than at 16.00 hours of the last Saturday preceding election day. Such hand-over shall be performed by two members of the district election commission at a session of the respective polling station election commission, which shall be certified by an act completed in the form and according to the procedure established by paragraph eight of article 35 of this Law. The said list shall be an integral part of the voter list for voting in the respective district. The numbering of voters and the numbering of sheets in the voter list for voting by absentee certificate shall run separately from the numbering of voters and the numbering of sheets in the voter list received by the polling station election commission in accordance with paragraph eight of article 41 of this Law.

25. No later than 16 hours before the opening of the poll, the district election commission shall submit to the Central Election Commission consolidated information about the number of absentee certificates issued by all polling station election commissions of the respective territorial election constituency and about the number of voters, who intend to vote by absentee certificates in this and in each of the other territorial election constituencies. No later than 12 hours before the opening of the poll, the Central Election Commission shall submit information on the expected number of voters, who will vote by absentee certificate, to the respective district election commissions and shall also publish it on its web site.

Article 43. Procedure for Voters’ Familiarization with the Voter List in Ordinary Polling stations and for Filing Complaints about Inaccuracies in the Voter List

1. The following day after having received the voter list in the election district according to the procedure and within the terms envisaged by paragraph 8 of Article 41 of this Law, the polling station election commission of an ordinary election district shall submit it for public general familiarization on the premises of the polling station election commission.

2. The polling station commission of an ordinary election district shall twice send each voter a personal invitation, by which he/she is informed about his/her inclusion in the voter list in the respective election district, the number of the voter in the voter list, the address of the polling station election commission, its telephone number and schedule of work, as well as the time and place of voting. Voters, against whom a note has been made in the voter list in accordance with paragraph five of article 41 of this Law, shall be simultaneously informed that they will be given the possibility to vote at their place of stay (mobile voting). Such written notifications shall be distributed no later than twenty-five and not earlier than seven days prior to election day.

3. Each citizen shall have the right to familiarize with the voter list in the premises of the polling station election commission and verify the accuracy of the information included in the voter list. A citizen shall have the right to file a complaint to the polling station or district election commission or directly to the local court at the location of the election district against inaccuracies made during the compilation of the voter list, including non-inclusion, incorrect inclusion or exclusion of him/her or other persons, as well as the presence or absence of a note about the voter’s permanent disability of independent movement.

4. The citizen shall personally submit a complaint to the polling station or district election commission about the circumstances envisaged by paragraph three of this Article. The complaint in the form, determined by article 107 of this Law (without indicating the subject of the complaint), submitted to the election commission, shall be considered at the nearest session of the commission, as a rule, in the presence of the subject submitting the complaint. The member of the commission that received the complaints shall inform the subject submitting the complaint about the time and place on the nearest session of the commission.

5. The complaint specified in paragraph four of this article may be submitted to the respective polling station election commission no later than five days prior to election day. The commission shall consider such complaint within a two-day term. On the basis of the result of the consideration of the complaint, the polling station commission is obliged to adopt a decision about amending the voter list or a motivated decision to reject the complaint. A copy of the decision shall be issued to the subject for filing a complainant no later than on the following day after its adoption. A complaint submitted to a polling station election commission after said term shall not be considered.

6. The complaint specified in paragraph four of this article may be submitted to the respective district election commission no later than three days prior to election day. The commission shall consider such complaint within a two-day term, but no later than three day before election day; or submitted three days prior to the day of election – immediately. On the basis of the result of the consideration, the district election commission must adopt a decision about amending the voter list or a motivated decision about rejecting to satisfy the complaint. A copy of the decision shall be issued to the subject submitting the complainant no later than on the following day after its adoption, or if adopted three day prior to the day of election – immediately.

7. The complaint specified in paragraph four of this article may be submitted to a local court at the place of the location of election district no later than two days prior to election day. The court shall consider such complaint within a two-day term, but no later than two days prior to election day, but if submitted two days prior to election day – immediately. The court decision shall be issued to the subject submitting the complaint on the day of its adoption. The court decision shall be submitted to the polling station election commission no later than five days prior to election day, or later than this term, but no later than two days prior to election day – to the district election commission.

8. The election commission or the court shall adopt a decision regarding the inclusion or non-inclusion of a voter on the voter list in the respective election district based on the determination of the place of residence of this person, taking into account the requirements of paragraph three of article 41 of this law. When considering a complaint, if necessary, the election commission or a court may file a request to the respective voter registration working group, specified in paragraphs two, three and nine of article 39 of this Law, regarding an update of the information about the voter.

9. If a polling station election commission, when considering a complaint about the inclusion of a voter in the voter list, according to the procedure determined by paragraph five of this article, reveals reasons for a possible inclusion of this voter into the voter lists in one or several other polling stations, it shall no later than on the following day after adopting the decision to include the voter on the voter list in the respective election district notify the district election commission of the territorial election constituency to which the election district belongs, about the inclusion of this person on the voter list and about other possible places, where he/she might be included in voter lists. The district election commission that received the indicated notification shall ensure that it is immediately transmitted to district election commissions of the territorial election constituencies, to which the polling stations belongs, where the said person could have been included in the voter list, about the inclusion of this person in the voter list.

10. If a district election commission, when considering a complaint about a voter’s inclusion in the voter list according to the procedure determined by paragraph six of this Article, as well as when receiving the notifications, indicated in paragraph eleven of article 46 and paragraph fifteen of article 47, reveals reasons for possible inclusion of a voter into the voter list in one or several other districts the district election commission shall notify the district election commissions of the territorial election constituencies, to which such polling stations belongs, about the inclusion of this voter into the voter list.

Article 44. The Procedure for Adopting Decisions on Entering Changes to the Voter List in Ordinary Polling stations

1. A polling station or district election commission may, on the demand of a member of the respective commission, a candidate for deputy or an authorized person of a party (bloc), file a request to the head of the respective voter registration working group regarding verification and update of the information concerning the place of residence or other information about voters. The head of the respective voter registration working group must submit such information no later than on the third day after receiving the request of the election commission, but no later than three days prior to election day.

2. The polling station election commission shall make decision about entering changes in the voter list on the basis of the consideration of complaints from citizens, as well as based on information received according to paragraph one of this article. The polling station election commission may adopt decisions about entering changes in the voter list no later than three days prior to election day.

3. Two days prior to election day, the polling station election commission shall hand over an index of voters, regarding whom a decision was adopted to include in the voter list in the respective election district, and an index of voters, regarding whom a decision was adopted to exclude from the voter list, to the district election commission at its session. The decisions of the polling station election commission about inclusion in the voter list and exclusion from the voter list together with the documents, on the basis of which the respective decisions were adopted, shall be attached to the said indexes that are compiled in the form of a voter list. No less than three members of the polling station election commission, who represent different parties (blocs), one of which must be the chairperson of the commission, or if impossible – the deputy chairperson or the secretary of the commission, shall hand over the said indexes and documents on behalf of the polling station election commission. An act about the hand-over of the said indexes and documents shall be completed in two copies in the form and according to the procedure established by paragraph eight of article 35 of this Law.

4. No later than six days prior to election day, the following persons shall submit information in the form, envisaged by paragraph fifteen of article 39 of this Law, to the district election commission:

1. heads of the respective territorial bodies of the Ministry of Interior of Ukraine – information about citizens of Ukraine who changed their place of residence in the respective territory in the period from 1 July of the year preceding the year of the elections;

2. heads of territorial bodies of the Ministry of Justice of Ukraine – about citizens of Ukraine who used to reside on the respective territory and died after 1 July of the year preceding the year of the elections, as well as about citizens who changed their name, surname or patronymic during the same time;

3. heads of local military enrollment offices – about citizens of Ukraine who used to reside on the respective territory and were conscripted for mandatory military service after 1 September of the year preceding the year of elections, as well as about citizens who were released to reserve duty during the same time;

4. commanders of military units (formations) deployed on the territory of the respective city or rayon – about changes to the roll of citizens of Ukraine who reside at the territory of deployment of the respective military unit (formation), including mandatory conscription military servicemen, who will not be released to reserve duty until the day of election, as compared to the submission indicated in sub-paragraph 5 of paragraph twelve of Article 39 of this Law;

5. heads of local bodies of the penitentiary of the State Department in charge of the penitentiary – about changes to the body of citizens of Ukraine who serve their terms in institutions located on the respective territory, as compared to the submission indicated in sub-paragraph 6 of paragraph twelve of Article 39 of this Law;

6. heads of local bodies for custody and care – about citizens of Ukraine who have been declared incapable by courts after 1 July of the year preceding the year of the elections, as well as about citizens of Ukraine regarding whom the decision to declare them incapable was lifted by court decision during the same time;

7. heads of specialized institutions who keep a record of homeless citizens in accordance with the Law of Ukraine “On the Principles for Social Protection of Homeless Citizens and Unattended Children” – about citizens of Ukraine who are registered at the specialized institution’s legal address after 1 July of the year preceding the year of the elections, as well as about citizens of Ukraine, whose registration at this address was cancelled during the same time.

5. A district election commission shall adopt a decision to include a voter in the voter list or to exclude a voter from the voter list in the respective election district of a territorial election constituency on the basis of the result of the consideration of complaints from citizens in accordance with paragraph six of Article 43 of this Law, as well as on the basis of the information submitted in accordance with paragraph one of this article, the submissions from bodies and institutions, envisaged by paragraph four of this article, the notifications received from district election commissions regarding the inclusion of voters in the voter list in another district in accordance with paragraphs nine and ten of Article 43 of this Law and the second paragraph of this part.

The district election commission shall adopt a decision to include members of the respective polling station election commission, who are included in the voter lists according to their place of residence in polling stations of the same territorial election constituency, in the voter list in each ordinary or special election district. By the same decision the district election commission excludes the said persons from the voter lists according to their place of residence in polling stations that are part of the respective election constituency. If members of polling station election commissions were included in the voter list according to their place of residence in polling stations that are part of other territorial election constituencies, the district election commission shall adopt a decision to include members of the respective polling station election commissions into the voter lists in the ordinary or special election district; by the same decision the district election commission shall notify the Central Election Commission and the respective district election commissions, where the said members of the polling station election commission were included on voter lists, about their inclusion into the respective voter list in this election constituency. If the member of the polling station election commission obtained an absentee certificate for voting according to the location of the polling station election commission, the district election commission cancels this absentee certificate and cancels the note envisaged by paragraph twelve of Article 42 of this Law.

The decision indicated in the second sentence of this paragraph shall be adopted concurrently with the inclusion of the person into the membership of the polling station election commission.

(Paragraph five of Article 44 with amendments in accordance with Law No 3519-IV on 14.03.2006)

6. On the basis of decisions adopted in accordance with paragraph five of this article and paragraph twenty-three of article 42 of this Law, as well as on the basis of a court decision submitted to the district election commission in accordance with paragraph seven of article 43 of this Law, the chairperson, deputy chairperson or the secretary of the district election commission no later than two days prior to election day shall compile an index of voters who must be included in the voter list in each ordinary election district, and an index of voters, who must be excluded from the voter list in each election district of the territorial election constituency. The reasons for including a voter or excluding a voter from the voter list shall be indicated in the index. Each such index shall be completed in two copies in the form of a voter list of an election district. The reliability of such indexes of voters shall on each sheet of the index be certified with the signatures of the chairperson and the secretary of the district election commission and with the imprint of the seal.

7. The district election commission shall, at the session held according to paragraph three of this article shall, hand over one copy of the respective index, indicated in paragraph six of this Article, to each polling station election commission. An act about the hand-over of the said indexes to a polling station election commission shall be completed in two copies in the form and according to the procedure determined by paragraph eight of article 35 of this Law. The second copy of each index shall be stored in the district election commission.

Article 45. Procedure for Entering Changes to the Voter List in Ordinary Polling stations

1. Changes to the voter list in the ordinary election district shall be entered by the chairperson, deputy chairperson or secretary of the commission.

2. Changes to a voter list in an ordinary election district shall be entered on the basis of the following:

1. a statement from a voter requesting to be issued an absentee certificate and to be excluded from the voter list in accordance with paragraph one of article 42 of this Law;

2. a decision of a polling station election commission adopted in accordance with paragraph two of article 44 of this Law;

3. a court decision adopted in accordance with paragraph seven of article 43 of this Law;

4. the indexes of voters who must be included in the voter list in the election district, and of voters who must be excluded from the voter list, compiled by the district election commission in accordance with paragraph six of article 44 of this Law.

3. When entering changes to the voter list on the grounds indicated in sub-paragraphs 3 and 4 of paragraph two of this Article, the polling station election commission shall not pass a decision.

4. The chairperson, deputy chairperson and secretary of the polling station election commission shall enter changes to the voter list immediately after the end of the session of the commission, at which the decisions indicated in sub-paragraph 2 of paragraph two of this Article were adopted, or immediately after the polling station election commission has received the documents indicated in sub-paragraphs 3 and 4 of paragraph two of this article.

5. When including a voter in the voter list in the election district according to the procedure for entering the changes to a voter list the information about him/her, envisaged by the form of the voter list, shall be entered at the end of the voter list according to the documents, which provided the basis for including the voter on the voter list. When doing this, the date and the number of the resolution of the polling station or district election commission, or the date of the decision of the court to include the voter in the voter list, shall be indicated in the field “Remark”.

6. The exclusion from the voter list of persons, who have been entered without due ground, shall be done by way of crossing out the entry, which shall be certified by the mark “crossed-out” and the signatures of the chairperson and secretary of the polling station election commission in the field “Remark”. When doing so, the date and number of the resolution of the polling station or district election commission or court decision to exclude the voter from the voter list shall be indicated in the field next to the name of voter.

7. The voter list shall be closed after the changes indicated in sub-paragraph 4 of paragraph two of this article have been entered by crossing-out the unused fields of the list in such a manner that makes further entering of changes to the voter list impossible, signed with the signatures of the chairperson and secretary of the commission and certified by the seal of the polling station election commission.

8. On election day, the chairperson, deputy chairperson and secretary of the polling station election commission have the right to correct inaccuracies and technical misspellings in the voter list – incorrect spelling of the surname, patronymic and name, the date of birth, the number of the house or apartment of the place of residence – if it is clear, despite of such technical misspellings, that it is the very same voter, who is included in the voter list that turned up in the election district to vote. Such correction shall be certified with the signatures of chairperson or deputy chairperson and the secretary of the polling station election commission in the field “Remark”.

9. It is prohibited to enter any changes to the voter list in the election district after having carried out the actions indicated in paragraph seven of this Article.

Article 46. The Procedure for Compiling and Updating the Voter List in Special Polling stations

1. In special polling stations (except for polling stations in stationary medical institutions), the voter lists shall be compiled no later than twenty days prior to election day by the respective polling station election commissions in the form, indicated in paragraph two of Article 41 of this Law, on the basis of information submitted by the heads of the respective institutions or facilities, by the captains of the vessels or the commanders of the military units (formations), where such polling stations have been created.

2. In special polling stations created in stationary medical institutions, the voter lists shall be compiled no later than ten days prior to election day by the respective polling station election commissions in the format indicated by paragraph two of article 41 of this Law, on the basis of information submitted by the heads of the respective institutions. Voters who will leave the stationary medical institution prior to election day shall not be included into the submission and a voter list in such election district.

3. The information indicated in paragraph one and two of this Article, shall be submitted in one copy signed by the head of the respective institution or facility, the captain of the vessel or the commander of the military unit (formation) and shall be certified with the respective seal. The head of the respective institution or facility, captain of the vessel or commander of the military unit (formation) shall no later than twenty-three days, but the head of the stationary medical institution – no later than 11 days, prior to election day ensure that the said information is submitted to the polling station election commission and that it is reliable.

4. The polling station election commission of a special election district shall the following day after the compilation of the voter list in the election district submit one copy of it for public review in the premise of the polling station election commission.

5. Citizens’ familiarization with the voter list in the special election district and the filing of complaints against inaccuracies in it shall commence according to the procedure determined by article 43 of this Law.

6. After the voter list in the special election district is compiled, one copy of the voter list shall be handed over to the respective district election commission. The content of the voter list in polling stations created onboard a vessel that is navigating at sea under the State Flag of Ukraine or at a polar station of Ukraine may be handed over using technical means of communication.

7. If a voter was admitted to a stationary medical institution later than ten days prior to election day, but earlier than two days prior to election day, the respective polling station election commission shall update the voter list by including the voter in the voter list on the basis of information submitted immediately by the head of the respective institution, whose signature shall be certified with a seal of the respective institution. The district election commission shall be notified about the inclusion of the voter in the voter list immediately.

8. A voter who was admitted to a stationary medical institution in the same populated area, where he/she resides, may address the election commission of an ordinary election district, where he/she is included in the voter list, regarding the possibility to vote at his/her place of stay (mobile voting) according to the procedure and within the terms envisaged by paragraph five of article 84 of this Law. In such a case, he/she shall not be included in a voter list in the special election district.

9. The district election commission or the polling station election commission of a special election district has the right, on the demand of a member of the respective commission, a candidate for a deputy or an authorized person of a party (bloc) to file a request to the heads of the respective institutions or facilities, or to the commanders of military units (formations) to provide for review the documents that certify the voters stay in the respective institutions or facility or contain information on their residence (stay) on the territory where a military unit (formation) is deployed. The said officers or officials must provide the indicated documents or true copies thereof no later than on the third day after having received the request of the election commission, but no later than two days prior to election day.

10. If a special election district is created in the exceptional case in accordance with paragraph seven of article 21 of this Law, the voter list shall be compiled by the polling station election commission no later than seven days prior to election day on the basis of information submitted by the head of the respective institution or facility, captain of the vessel or commander of the military unit (formation). The said information shall be submitted no later than eight days prior to election day in one copy signed by the head of the respective institution or facility, the captain of the vessel or commander of the military unit (formation) and certified with the respective seal. After the voter list in such election districts is compiled, one copy of the voter list shall be immediately handed over to the respective district election commission. The election commission of a district created onboard a vessel navigating at sea under the State Flag of Ukraine or at a polar station of Ukraine may transfer the content of a voter list using technical means of communication.

11. When entering changes into the voter list, an election commission of a special election district shall notify the district election commission of the territorial election constituency to which the polling stations belongs no later than on the following day after the day the voter was included into the voter list about the inclusion of the respective person into the voter list and about the place of his/her residence.

12. On the basis of the received copy of the voter list, specified in paragraph ten of this article, or the notification specified in paragraph eleven of this article, the district election commission shall notify district election commissions of the respective territorial election constituencies about the inclusion of all persons into the voter lists of this special election district.

13. Members of polling station election commissions of a special election district shall be included into the voter list in this election district on the basis of a decision of the respective district election commission, envisaged by the second sentence of paragraph five of Article 44 of this Law, within the terms, established by the third sentence of paragraph five of Article 44 of this Law. (Paragraph 13 in fulfillment of Article 46 in accordance with amendments based on Law No 3519-IV on 14.03.2006)

Article 47. The Procedure for Compiling and Updating the Voter List in Polling stations Abroad

1. After the creation of polling stations abroad, the working group for registration of voters who reside or stay abroad, on the basis of the verified general lists of voters by country of stay compile voter lists for each election district abroad in the format approved in accordance with paragraph two of article 41 of this Law. The Ministry of Foreign Affairs shall submit these lists in hard copy and electronic form to the respective polling station election commissions no later than thirty days prior to election day. The Deputy Minister of Foreign Affairs of Ukraine shall sign such voter lists in hard copy form, and his signature certified by the respective seal.

2. No later than ten days prior to election day the following persons shall submit information to the polling station election commission of the respective election district abroad in the form envisaged by paragraph fifteen of article 39 of this Law:

1. the heads of diplomatic and other official representations and consular institutions of Ukraine in foreign states – about citizens of Ukraine, who are on consular record, as well as about other citizens of Ukraine, who reside in the respective foreign state, taking into account the changes that have occurred after 1 July of the year preceding the year of elections;

2. commanders of military units (formations) deployed outside of Ukraine – about citizens of Ukraine, who serve in military units (formations) deployed outside of Ukraine, taking into account the changes that have occurred after 1 July of the year preceding the year of elections.

3. The information indicated in paragraph two of this article, shall be submitted in one copy signed by the head of the respective representation or institution or by the commander of the military unit (formation), and certified with the respective seal. The head of the respective representation or institution, the commander of the military unit (formation) shall ensure that the said information is timely submitted to the polling station commission and that it is reliable.

4. The polling station election commission of an election district abroad shall adopt a decision about the inclusion of a voter in the voter list or about the exclusion of a voter from the voter list in the respective election district as a result of the consideration of complaints from citizens in accordance with paragraph seven of this article as well as on the basis of the submissions indicated in to in paragraph two of this article.

5. The polling station election commission of an election district abroad shall on the following day after the receipt of the list in the election district submit one copy of the voter list for public review in the premises of the polling station election commission.

6. Citizens’ familiarization with the voter list in the election district abroad shall commence according to the procedure determined by Article 43 of this Law. The personal invitation by which the voter is notified about his/her inclusion in the voter list in the respective election district abroad, the number of the voter in the voter list, the address of the polling station election commission, its telephone number and working schedule as well the time and place of voting shall be disseminated to the voter no later than seven days prior to election day.

7. Each citizen may file a complaint regarding inaccuracies in the voter list in an election district abroad to the respective polling station election commission according to the procedure determined by paragraph three through five of article 43 of this Law.

8. If an election district abroad is established in the exceptional case in accordance with paragraph eight of Article 22 of this Law, the polling station election commission shall compile the voter list no later than seven days prior to election day on the basis of information submitted by the head of the respective official representation or consular institution of Ukraine, or the commander of the military unit (formation). The said information shall be submitted no later than eight days prior to election day in one copy signed by the head of the representation or institution, or the commander of the military unit (formation), and shall be certified with the respective seal. The content of the voter list shall be transferred to the Central Electoral Commission by technical means of communication immediately after the voter list is compiled.

9. A voter who arrived to an election district abroad prior to election day with an absentee certificate shall personally submit a written statement, requesting to be included in the voter list in this election district, and the absentee certificate, as well as the document, in which a note was made about issuance of the absentee certificate according to paragraph twelve of article 42 of this Law, to the respective polling station election commission. On basis of these documents, the chairperson, the deputy chairperson or the secretary of the polling station election commission shall include the voter in the voter list. When doing so, the number of the absentee certificate and the numbers of the territorial election constituency and election district, where the absentee certificate was issued, shall be indicated in the field “Remark” of the voter list. The polling station election commission of the election district abroad shall immediately after the end of the poll notify the Central Election Commission by technical means of communications about the amount of voters, who have been included in the voter list in the respective election district on the basis of absentee certificates.

10. A voter who arrived in the election district abroad no later than seven days prior to election day without an absentee certificate, shall personally submit a written statement requesting to be included in the voter list in this election district with an indication of his/her place of residence, as well as one of the documents, envisaged in paragraph six of article 2 of this Law, to the polling station election commission.

11. Changes to the voter list in the election district abroad shall be entered by the chairperson, the deputy chairperson or the secretary of this election commission.

12. Changes to a voter list in an election district abroad shall be entered on the basis of:

1. a statement from a voter requesting to be excluded from the voter list and issued an absentee certificate in accordance with paragraph one of article 42 of this Law;

2. a decision of a polling station election commission, adopted as a result of consideration of the complaint indicated in paragraph seven of this article or the statement in paragraph ten of this article;

3. a statement from a voter and the absentee certificate attached to it according the procedure envisaged by paragraph nine of this article;

4. the information, indicated in paragraph two of this article.

13. When entering changes to the voter list on the grounds indicated in sub-paragraphs one and three of paragraph 12 of this Article, the polling station election commission shall adopt any decision.

14. The chairperson, deputy chairperson and secretary of the polling station election commission shall enter the changes to the voter list immediately after the end of the session of the commission, at which the decision indicated in sub-paragraph 2 of paragraph 12 of this Article or in paragraph 4 of this Article, was adopted.

15. When including persons in the voter list according to paragraph eight and twelve of this article, the polling station election commission of an election district abroad shall notify the Central Election Commission by technical means of communication no later than on the following day after the compilation of the voter list in the respective election district was completed or after the inclusion of a voter into the voter list, about the inclusion of thee persons in the voter list and about their place of residence.

16. On the basis of the received voter list indicated in paragraph eight of this article, or the notification indicated in paragraph fifteen of this article, the Central Election Commission shall notify district election commissions of the respective territorial election constituencies about the inclusion of all persons in the voter list of this election district abroad and about the necessity to exclude them from the voter lists of the respective polling stations.

Chapter VI

FINANCIAL AND LOGISTIC SUPPORT FOR PREPARATION TO AND CONDUCT OF THE ELECTIONS OF DEPUTIES

Article 48. Financing the Elections of Deputies

1. The expenditures for the preparation and conduct of elections of deputies shall be covered exclusively from the funds of the State Budget of Ukraine, allocated for the preparation to and conduct of elections of deputies and from the election funds of parties (blocs) from which candidates for deputy have been registered by the Central Election Commission.

2. In order to finance its election campaign, a party (bloc), from which the Central Election Commission has registered candidates for deputy, is obliged to establish its own election fund, which shall be formed in accordance with the procedure determined by this Law.

3. It is prohibited to finance election campaign events or materials from other sources than those envisaged by paragraph one of this Article, irrespectively of the existence of an agreement with parties (blocs) that are subjects of the election process or with candidates for deputy nominated by them.

Article 49. Financing the Preparation and Conduct of the Elections of Deputies with Funds of the State Budget of Ukraine Allocated for the Preparation and Conduct of the Elections of Deputies

1. The Election Commission shall ensure the financing of the preparation to and conduct of the elections of deputies with funds allocated from the State Budget of Ukraine as the main administrator of such funds.

2. A separate line in the law on the State budget of Ukraine upon submission of the Central Election Commission shall be envisaged for the amount of funds for the preparation to and conduct of the elections of deputies.

3. The expenditures for the preparation to and conduct of the elections of deputies, including expenditures for printing information posters of parties (blocs), from which candidates for deputy have been registered by the Central Election Commission, and for paying the publication of campaign programs of parties (blocs) in mass media and air time on radio and TV shall be carried out by the Central Election Commission and the district election commissions in accordance with the budget estimates of expenditures, approved by the Central Election Commission within from the funds envisaged for the preparation to and conduct of the elections in the State Budget of Ukraine.

4. The State Treasury of Ukraine shall transfer the funds for the preparation to and conduct of the elections of deputies envisaged by the State Budget of Ukraine to the Central Election Commission within a three-day term from the day of the announcement on the beginning of the election process.

5. The Central Election Commission shall approve the average norms of expenditures for a district election commission, as well as the average norms of expenditures for the needs of polling station election commissions, which must include, in particular, expenditures for the property lease (rent) of the premises of the election commissions and payment for the use of technical devises and remuneration for the work of commission members.

6. Within a ten-day term from the day it is formed, the district election commission shall draw up a unified budget estimate of the expenditures for the preparation to and conduct of the election, including in it the expenditures of the district election commission and the expenditures of the polling station commissions within the territorial election constituency, on the basis of the average norms of expenditures, approved in accordance with paragraph five of this Article. The Central Election Commission shall approve the unified budget estimate of the district election commission.

7. Election commissions shall be financed according to the procedure established by the Central Election Commission jointly with the Ministry of Finance of Ukraine.

8. The district election commission must transfer all funds allocated from the State Budget of Ukraine, which were not used for preparation and conduct of elections, to the account of the Central Election Commission within a seven-day term from the day of the official announcement of the results of the election of deputies. The State Treasury of Ukraine shall inform the Central Election Commission about the return of such funds to its account within a three-day term from the day these funds were received.

9. Within a fifteen-day term after official announcement of the election results, the district election commission shall compile and submit to the Central Election Commission a financial report about the receipt and use of funds allocated from the State Budget of Ukraine for the preparation and conduct of the elections of deputies according to the procedure, established by the Central Election Commission, in the form, approved by the Central Election Commission jointly with the State Treasury Office of Ukraine.

10. The control with the correct and targeted use of funds allocated from the State Budget of Ukraine for preparation to and conduct of the elections of deputies, shall be vested in the Central Election Commission and the respective bodies of the State Auditing Service of Ukraine according to the procedure established by the Central Election Commission jointly with the Ministry of Finance of Ukraine.

Article 50. Remuneration for the Work of Members of Election Commissions and Persons Hired for Work in the Commission

1. The work of a member of an election commission, who performs his/her duties in the election commission on a paid basis, shall be remunerated in an amount and according to the procedure established by the Cabinet of Ministers of Ukraine upon submission of the Central Election Commission, at the expense of funds allocated from the State Budget of Ukraine for preparation to and conduct of the elections.

2. The size of remuneration to a member of an election commission, who is released from his/her work or service duties at the main place of work, may not be less than his/her average salary at the main place of work. The amount of the remuneration to a member of an election commission, who is a pensioner, or to a person, who is temporarily unemployed, shall not be less than the amount of the minimum salary established as of the time when the salary is calculated.

3. A one-time pecuniary bonus may be calculated and paid to members of election com-missions according to the procedure, established by the Central Election Commission, from the general savings of the work salary fund envisaged by the budget estimate of expenditures of the respective election commission for preparation to and conduct of the elections.

4. The work of members of election commissions (including pensioners and temporarily unemployed persons) on election day and during the days when the voting results are determined, shall be remunerated in the amount and according to the procedure established by the Cabinet of Ministers of Ukraine upon submission of the Central Election Commission.

5. The work of persons indicated in paragraph seventeen of Article 33 of this Law, shall be remunerated in the amount and according to the procedure, established by the Cabinet of Ministers of Ukraine, at the expense of funds allocated from the State Budget of Ukraine for preparation to and conduct of the elections of deputies. Amount of remuneration to such persons shall not be less than the amount of the minimum salary as of the time when the salary is calculated.

6. Work related to the preparation to and conduct of the elections carried out by persons, who are recognized as unemployed according to the procedure determined by law shall not constitute a reason to remove these persons from the record in the State Employment Service as such who are looking for a job or reason for suspending the payment of unemployment subsidies or other kinds of allowances to them.

7. In order to receive the remuneration, envisaged by paragraph one through four of this article, the member of the election commission shall submit a copy of the certificate about the assignation of an identification number to the person or a statement certifying the persons’ lack of an identification number to the respective district election commission.

Article 51. The Election Fund of a Party (Bloc)

1. The election fund of a party (bloc) shall have one accumulative account for receiving funds to finance the election campaign of the party (bloc), as well as current accounts, from which expenditures to finance the election campaign of a party (bloc) shall be made. Funds shall exclusively be transferred to the current accounts of an election fund of a party (bloc) from the accumulative account of the election fund of the party (bloc).

2. A party (bloc) shall open an accumulative account of the election fund with a banking institution in the city of Kyiv chosen at its own discretion. A party (bloc) may open one accumulative account of an election fund and only in the national currency.

3. A party (bloc) shall have the right to open current accounts of an election fund in banking institutions of Ukraine in the amount of not more that one account in the territory of each election constituency. One current account of an election fund may be used for several territorial election constituencies.

4. A party (bloc) shall not list expenses to its election campaign events in the out-of-country election constituency.

5. A party (bloc) must open an accumulative account of an election fund no later than sixty-five days prior to election day. The basis for opening an accumulative account of an election fund shall be a copy of the decision of the Central Election Commission about the registration of the candidates for deputy, included in the electoral list of the party (bloc). A certificate from the banking institution about the opening of the accumulative account shall constitute the reason for the opening of the current account.

6. The procedure for opening and closing of accounts of election funds of parties (blocs) shall be established no later than hundred days prior to election day by the National Bank of Ukraine and agreed with the Central Election Commission

7. The services of the banking institutions, related to the opening and the closing of accounts of an election fund and their functioning, shall be rendered free of charge. The banking institution shall not take and not pay any interest rates for the use of funds that are deposited on the accounts of an election fund of a party (bloc).

8. The banking institution shall no later than on the next working day after the opening of an accumulative or current accounts notify the Central Election Commission in writing about the opening of the account and its banking details.

9. The information about the opening of an accumulative account of an election fund of a party (bloc) and its details shall be published once by the Central Election Commission simultaneously in the newspapers Holos Ukrayiny and Uriadovyy Kuryer, no later than on the fifth day after the receipt of the notification from the banking institutions about the opening of the accumulative account of an election fund of a party (bloc) at the expense of the funds that are allocated on the preparation to and conduct of elections from the State Budget of Ukraine. Further information about the banking details of the accumulative account of an election fund of a party (bloc) shall be published in print media at the expense of the election fund of the party (bloc).

10. The payment of expenditures from the current accounts of an election fund of a party (bloc) shall be paid in cash-free form.

11. The payment of expenditures from the current account of an election fund of a party (bloc) shall cease at 15.00 hrs on the last day prior to election day.

12. Funds on the accounts of the election fund of a party (bloc) may not be arrested.

13. The closing of the accounts and the ceasing of transactions on the accounts of the election fund of a party (bloc) earlier than terms, determined by paragraph eleven of this Article, shall only be done in case the party (bloc) loses its status as subject of the election process.

Article 52. Administrators of the Election Fund of a Party (Bloc)

1. A party (bloc) shall appoint two persons from among the candidates on the electoral list of this party (bloc), or from among the authorized persons in the nationwide election constituency, indicated in paragraph five of 72 of this law, as administrators of the election fund, who shall have the exclusive right to manage funds from the accumulative account of the election fund of the party (bloc).

2. A party (bloc) shall appoint one person from among the candidates on the electoral list of this party (bloc), or from among its authorized persons in the respective territorial election constituency, as administrator of the election fund of this party (bloc) for each current account. The administrator of the election fund of the party (bloc) shall have the exclusive right to manage the funds from the respective current account of the election fund of the party (bloc).

3. The administrators of the accumulative account of the election funds of a party (bloc) must keep a record of the acquisition and distribution of funds of the election fund of the party (bloc) between the current accounts. The administrators of the current accounts of the election fund of the party (bloc) shall ensure observance of the financial discipline, and the correct use of the funds of the election funds of the party (bloc).

4. The banking institution, in which an accumulative or current account of the election fund of a party (bloc) has been opened, shall provide the administrator of the respective account with information about the size and the sources of the contributions that have been transferred to the accounts of the election fund of the party (bloc), the cash flow, as well as the account balance on a weekly basis or upon request.

5. The administrator of the current account of the election fund of a party (bloc) must keep record with the use of funds from the respective current account of the election fund of the party (bloc). The administrator of the current account of the election fund of the party (bloc) is obliged to provide the administrator of the accumulative account of the election fund of the party (bloc) with a financial report about the use of funds from the respective current account of the election fund of the party (bloc) no later than on the seventh day after the day of election.

6. The administrator of the funds of the accumulative account of the election fund of a party (bloc) is obligated to provide the Central Election Commission with a financial report about the acquisition and use of funds of the election fund of the party (bloc) no later than on fifteenth day after the day of election.

7. The forms of the financial reports, envisaged in paragraphs five and six of this Article, shall be established by the Central Election Commission no later than eighty days prior to election day.

Article 53. Formation of the Election Fund of a Party (Bloc) and the Use of its Funds

1. The election fund of a party shall be formed at the expense of private funds of the party (parties constituting an electoral bloc), as well as by voluntary contributions of individuals (hereafter: voluntary contributions).

2. Voluntary contribution to the election fund of one part (bloc) may not exceed four hundred times the minimum salary. The private funds of a party (bloc), which are transferred to the accumulative account, shall not be subject to limitations in regarding the amount and quantity of transfers.

3. It is prohibited to make voluntary contributions to the election funds of a party (bloc) for the following persons:

1. foreigners and persons without citizenship;

2. anonymous contributors (without specifying the information envisaged by paragraph four of this Article in the payment document).

4. A voluntary contribution to the election fund of a party (bloc) shall be accepted by a banking institution or a post office on the condition that the citizen submits one of the documents specified in sub-paragraphs 1 or 2 of paragraph three of Article two of this Law. This payment document must at the same time contain the surname, patronymic and name, the date of birth and the place of residence of the person as well as his/her address of living.

5. The voluntary contribution shall be transferred by the banking institution or the post office to the accumulative account of the election fund of the party (bloc) no later than on the following working day after the receipt of the respective payment document. The general term for the cashless transfer of a contribution to the accumulative account of the election fund of a party (bloc) must not exceed two banking days.

6. The administrator of the accumulative account of an election fund of a party (bloc) shall have the right to reject a contribution from an individual about which he shall submit a respective statement and the payment document to the banking institution, in which the accumulative account of the election fund of the party (bloc) is kept. Such voluntary contribution shall be returned to the individual at the expense of his/her voluntary contribution, or, if impossible, – transferred to the State Budget of Ukraine.

7. If the voluntary contribution from a physical person exceeds the amount determined by paragraph two of this Law, the sum that exceeds the determined sum amount shall be returned to the individual by the banking institution, in which the accumulative account of the election fund of a party (bloc) is kept, on the basis of a respective statement and the payment document submitted by the administrator of the accumulative account of the election fund of the party (bloc), at the expense of these funds, or, if impossible, – transferred to the State Budget of Ukraine.

8. The administrator of the accumulative account of the election fund of a party (bloc) is obliged to refuse the contribution of a physical person, who according to this Law does not have the right to make such voluntary contributions, if the administrator is aware of this. On the basis of the statement of the administration about the refusal of the contribution for this reason, banking institution, in which the accumulative account of the election fund of the party (bloc) is kept, shall transfer such voluntary contribution to the State Budget of Ukraine. If the administrator of an accumulative account of the election fund of a party (bloc) becomes aware of the fact that an individual, who made a voluntary contribution, did not have the right to do so, he/she must reject such contribution within three days from the day, he became aware of this fact, by filing a statement to the banking institution, in which the accumulative account of the election fund of the party (bloc) is kept, about the transfer of the respective sum to the State Budget of Ukraine.

9. The banking institution, in which an accumulative account of the election fund of a party (bloc) is kept, shall transfer funds from the accumulative account to the current accounts of the election funds of the party (bloc) on the basis of a respective request of the administrator of the accumulative account of the election fund of the party (bloc).

10. The Central Election Commission and the banking institution, in which the accumulative account of the election fund of a party (bloc) is kept, shall exercise control with the acquisitions, the record-keeping and the use of election funds of parties (blocs) in accordance with the procedure established by the Central Election Commission jointly with the National Bank of Ukraine and an authorized central body of the executive in the sphere of communications no later than ninety days prior to election day.

11. The banking institution, in which an accumulative account of the election fund of a party (bloc) is kept, shall no later than on the fifth day after the day of election transfer funds that have not been used by the party (bloc) to the accumulative account of the respective election fund of the party (bloc).

12. The funds of an election fund, that have not been used by the party (bloc) shall, by a decision of the leading body of the party (bloc), passed within a ten-days term after the official announcement of the results of the election, be transferred from the accumulative account of the election fund of a party (bloc) to the current bank account of the party (parties constituting a bloc) within a five-day term from the day the banking institution received the respective decision of the parties. If the party (bloc) fails to pass such decision within this term, the banking institution shall transfer the unused funds of the election fund of the party (bloc) to the State Budget of Ukraine on the fifteenth day after the official announcement the results of the election results by the Central Election Com-mission.

13. Contributions received on the accumulative account of the election fund of a party (bloc) later than one day prior to election day shall be returned by the banking institution to the respective physical person at the expense of his/her voluntary contribution, or if impossible, – transferred to the State Budget of Ukraine.

Article 54. Logistical Support the Preparation to and Conduct of the Elections of Deputies

Bodies of the executive and bodies of local self-government and their officials must assist election commissions in carrying out their duties. They must: provide them the necessary premises according to the norms, determined by this law or by the respective decisions of the Central Election Commission passed in order to effectuate the requirements of this Law and assist in equipping them; ensure their protection, as well as the security of ballot papers and other election documentation; in accordance with the norms and inventory determined by the Central Election Commission provide transport and communication means, equipment, furniture and technical devices that are due to be returned after termination of the activities of election commissions. The Cabinet of Minister of Ukraine shall determine the procedure for the payment and remuneration of the said services.

(Paragraph 2 of Article 54 was removed in accordance with Law No 1114-V on 01.06.2007)

Chapter VII

NOMINATION AND REGISTRATION OF CANDIDATES FOR DEPUTY

Article 55. General Procedure for Nomination of Candidates for Deputy

1. A citizen of Ukraine, who in accordance with Article 9 of this Law may be elected deputy, may give consent to run as candidate for deputy on behalf of a party (bloc).

2. The nomination of candidates for deputy shall start hundred and nineteen days and end ninety days prior to election day.

Article 56. Procedure for the Formation of an Electoral bloc

1. An electoral bloc may be formed by two or more parties that meet the requirements envisaged by paragraph two of Article 10 of this Law, on the basis of decisions of a congress (meeting, conference) of each of these parties. Such a decision shall be signed by the leader of the party and certified with the seal of the party. The congresses (meetings, conferences) of parties that take the decision to form an electoral bloc may be held at any time prior to the expiry of the term for nomination of candidates for deputy.

2. The heads or representatives of the parties, who have been authorized by congresses (meetings, conferences) regarding the formation of an electoral bloc, shall conclude an agreement about the formation of the electoral bloc, which shall be signed by them and certified with the seals of the parties that formed the bloc.

3. The agreement about the formation of an electoral bloc shall indicate:

1. the full and the abbreviated name of the bloc;

2. the leading bodies of the electoral bloc and the conditions for its functioning;

3. the representational quotas and a method for delegating representatives from the parties that constitute the bloc, to an inter-party congress (meeting, conference) regarding the nomination of candidates for deputy;

4. the procedure for the conduct of the inter-party congress (meeting, conference) regarding the nomination of candidates for deputy;

5. the decision-making procedure of the inter-party congress (meeting, conference);

6. the conditions for the nomination of and the representational quotas for candidates for deputy from the parties that constitute the electoral bloc;

7. the decision-making procedure regarding the exclusion of a person from the electoral list of candidates for deputy from the party (bloc).

4. The full name of a bloc must contain names of all the parties that constitute the bloc. The full or abbreviated name of the bloc may not contain the name of a party that is not included in the bloc, names and surnames of persons or historical figures if they are not candidates for deputy from this bloc or if their names and surnames are not used in the official name at least of one party that constitutes the bloc.

5. The Central Election Commission shall be notified about the formation of a bloc no later than five days before the conduct of the inter-party congress (meeting, conference) regarding the nomination of candidates for deputy. To the notification that shall be signed by heads or representatives of the parties, who have been authorized by congresses (meetings, conferences) regarding the formation of an electoral bloc, shall be attached the decision of the congress (meeting, conference) of each of the parties about the formation of the electoral bloc and excerpts from the minutes of the congresses (meetings, conferences) about the consideration of the question of forming an electoral bloc, which shall be certified by the heads of the respective parties and by the seals of these parties, as well as copies of the certificate about the registration of the parties that constitute the electoral bloc, and their charters, certified free of charge by the Ministry of Justice of Ukraine after the announcement of the beginning of the election process. If the name of a bloc contains the surname of a person in accordance with the requirement determined by paragraph four of this Article, the consent of the person to use his/her surname, certified by his/her signature according to the procedure established by law, shall as well be attached to the notification.

6. If it is revealed that the agreement about the formation of an electoral bloc does not meet the requirements of this Article or a party, that does not meet the requirements of paragraph two of Article 10 of this Law, has been included in the electoral bloc, the Central Election Commission shall, within a two-day term from the day of the receipt of the notification about the formation of the electoral bloc, by its decision address the parties that constitute the electoral bloc with a demand to eliminate the violation and with the warning that non-compliance with the said requirements of this Law may result in the refusal to register the candidates for deputies, nominated by the bloc, on the basis of sub-paragraph 1 and 2 of paragraph one of Article 62 of this Law.

Article 57. The Procedure for Nomination of Candidates for Deputy

1. The number of candidates for deputies nominated by a party (bloc) may not exceed the number of deputies that form the constitutional composition of the Verkhovna Rada of Ukraine, determined by the Constitution of Ukraine, and may not be less than eighteen persons.

2. A party (bloc) may nominate a person as candidate for deputy, who is member of this party (member of a party constituting a bloc) or a non-party member, who according to Article 9 of this Law has the right to be elected deputy.

3. A party that is part of an electoral bloc may not nominate candidates for deputy or join another electoral bloc autonomously.

4. The nomination of candidates for deputy by a party takes place at its congress (meeting, conference), or by a bloc – at the inter-party congress (meeting, conference) of the parties constituting a bloc. No less than 200 delegates shall attend the congress (meeting, conference) at which the nomination of candidates for deputy takes place.

5. The nomination of candidates for deputy shall be done in the form of an electoral list of candidates for deputy from a party (bloc) in the form approved by the Central Election Commission. All candidates for deputy nominated by a party (bloc) shall be included in the unified electoral list of a party (bloc). The order of candidates on the list shall be determined at the congress (meeting, conference). A person may only be included in the electoral list of one party (one bloc).

6. The Central Election Commission shall approve the form of the electoral list of candidates for deputy from a party (bloc) no later than hundred and thirty days prior to election day.

7. The minutes of the congress (meeting, conference) of a party or the inter-party congress (meetings, conferences) of parties constituting a bloc shall contain the following: the date when it was conducted, the agenda, information about the persons nominated for candidates for deputy (surname, patronymic and name, the date, month and year of birth, citizenship, party affiliation, information about education, position (occupation) place of work and place of residence), the results of vote regarding the electoral list of candidates for deputy. The minutes’ protocol shall be signed by the person presiding over the congress (meeting, conference), and the electoral list of candidates for deputy – by the head of the party (heads of the parties constituting the electoral bloc). The said documents shall be certified with the seal of the party (parties constituting the bloc).

8. The head of the party (heads of the parties constituting an electoral bloc) shall no later than five days before a congress (meeting, conference) devoted to the nomination of candidates for deputy inform the Central Election Commission in writing about the time and place of the congress (meeting, conference) of the party or the inter-party congress (meetings, conferences) of the parties constituting the bloc. A member of the Central Election Commission, commissioned by the chairperson of the Central Election Commission, has the right to be present at such congress (meeting, conference).

9. Mass media shall be informed about the time and place of a congress (meeting, conference) devoted to the nomination of candidates for deputy no later than three days prior to the date of the congress (meeting, conference). Organizers of an event shall determine the procedure for the accreditation of journalists at such congress (meeting, conference).

Article 58. The Requirements for Registration of Candidates for Deputy

1. The Central Election Commission shall register candidates for deputy included in the electoral list of a party (bloc) on the condition that the following documents are provided:

1. A statement about the registration of candidates for deputy signed by the head of the party (the heads of the parties constituting a bloc) and sealed with the seal of the party (the seals of the parties constituting the bloc);

2. a copy of a registration certificate of the party (the parties constituting a bloc) and its charter (the charters of the parties constituting the bloc), certified free of charge by the Ministry of Justice of Ukraine after the announcement of the beginning of the election process;

3. decisions of the congresses (meetings, conferences) of parties about the formation of an electoral bloc and an excerpt from the minutes of the congresses (meetings, conferences) about the formation of the electoral bloc, certified with the signatures of the heads of the parties constituting the bloc and sealed with seals of these parties (if the candidates for deputy are nominated by a bloc);

4. agreements about the formation of the electoral bloc (if the candidates for deputy are nominated by a bloc);

5. excerpts from the minutes of the congresses (meetings, conferences) of a party (the inter-party congresses (meetings, conferences) of the parties constituting a bloc) about the consideration of the issue of nominating candidates for deputy from the party (bloc), which must contain the information, envisaged by paragraph seven of Article 57 of this Law, and be certified by the signature of head of the party (the heads of the parties constituting a bloc) and sealed with the seal of the party (the seals of the parties constituting a bloc);

6. the electoral list of candidates for deputy from the party (bloc) in the form approved by the Central Election Commission;

7. statements from the persons included on the electoral list of a party (bloc) giving their consent to run for deputy from this party (bloc) and obligating themselves, if elected deputy, to terminate the activity or lay down a representative mandate, which according to the Constitution of Ukraine and the laws of Ukraine is not compatible with the mandate of a people's deputy of Ukraine, and consent to publicize biographic information in connection with his/her participation in the campaign, as well as the obligation, if elected deputy, to transfer the direction of enterprises and corporate rights owned by them to another person according to the procedure established by the law within a month following the official announcement of the results of the election;

8. autobiographies of the persons on the electoral list of a party (bloc) in the amount of up to two thousand printed characters, which must contain the following: surname, patronymic, name, date, month and year of birth, citizenship, information about education, work record, position (occupation), place of work, community work record (including on elected positions), party affiliation, family composition, place of residence indicating the time of residence in Ukraine and information about presence or absence of previous convictions;

9. the election campaign program of a party (bloc) composed in the State language of an amount of up to seven thousand eight hundred printed characters;

10. property and income declarations of each candidate for a deputy in accordance with Article 60 of this Law;

11. a document about the transfer of the monetary deposit made in accordance with Article 59 of this Law;

12. Photographs of the persons included on electoral list of the party (bloc) in the dimensions and quantity, which shall be established by the Central Election Commission no later than one hundred and twenty days prior to election day.

2. Documents submitted to the Central Election Commission after announcement of the beginning of the election process according to the procedure envisaged by paragraph five of Article 56 of this Law, shall not be repeatedly submitted.

3. The Central Election Commission shall issue a receipt of the reception of the documents, indicated in paragraph on of this Article, to the representative of the party (bloc) in the Central Election Commission. The receipt shall contain a listing of the documents received, the date, month, year and time of their receipt, and the position and name of the person, who received the documents.

Article 59. Monetary Deposit

1. The monetary deposit shall constitute two thousand minimum salaries and shall be paid by the party (bloc) in cash-free form to a special account of the Central Election Commission.

2. If the Central Election Commission adopts a decision to refuse the registration of all candidates for deputy, the paid monetary deposit shall be transferred to the account of the party (bloc) within a five-day term after the respective decision was passed.

3. When a decision about the registration of all candidates for deputy, included in the electoral list of a party (bloc) in accordance with paragraph four of Article 62 and paragraph ten of Article 63 of this Law, is cancelled, the monetary deposit shall be transferred to the State Budget of Ukraine within five days after passing the respective decision.

4. The monetary deposit shall be returned to parties (blocs), who took part in the distribution of deputy mandates.

5. The monetary deposit, paid by a party (bloc that did not take part in distribution of deputy mandate, shall be transferred to the State Budget of Ukraine within an eight-day term after official announcement of results of the elections.

Article 60. Declaration of Property and Income of a Candidate for Deputy

1. The declaration of property and income of a candidate for deputy for the year preceding the year of the beginning of the election process shall be completed by him personally.

2. The Ministry of Finance of Ukraine shall approve the format of the declaration of property and income of a candidate for deputy no later than one hundred and thirty days prior to election day.

3. The Central Election Commission may address the State Tax Administration and commission it to verify the information indicated in the declaration of property and income of a candidate for a deputy.

4. Errors and inaccuracies revealed in the declaration of property and income are subject to corrections and shall not constitute a reason for a refusal to register a candidate for deputy.

Article 61. Procedure for Registration of Candidates for Deputy

1. Candidates for deputy included in an electoral list of a party (bloc) shall be registered by the Central Election Commission on condition of the submission of the documents envisaged by Article 58 of this Law.

2. The submission of the documents for registration of candidates for deputy to the Central Election Commission shall end no later than eighty-five days prior to election day.

3. A person included in the electoral list of candidates for deputy by a party (bloc), who by the day a party (bloc) submits a statement about the registration of candidates for deputy fails to submit a statement giving consent to run as candidate for deputy from this party (bloc), shall be considered excluded from the electoral list of the party (bloc) from the day the party (bloc) submits the statement according to sub-paragraph 1 of paragraph one of Article 58 of this Law. A statement from such person, giving his/her consent to run, submitted after the party (bloc) has submitted the said statement about the registration of candidates for the deputy, shall not be accepted.

4. A person included in the electoral list of a party (bloc) shall have the right to revoke his/her statement of consent to run as candidate for deputy until the day of registration. From the moment when the Central Election Commission receives a statement to revoke consent to run as candidate for deputy, such person shall be considered excluded from the electoral list of the party (bloc). The Central Election Commission shall inform the party (bloc) in writing about the receipt of such statement no later than on the day following the receipt of the statement. A repeated statement of consent of a person to run as candidate for deputy from a party (bloc) shall not be accepted.

5. A person included in several electoral lists of parties (blocs) according to his/her written statements of consents to run as candidate for deputy on behalf of these parties, shall be excluded from all electoral lists in which he/she was included by the decision of the Central Election Commission.

6. In case of conduct of regular elections of people’s deputies the Central Electoral Commission shall, no later than on the seventh day after the receipt of a statement and the necessary documents attached to it about the registration of candidates for deputy, pass a decision to register the candidate for deputy or to refuse registration. (Paragraph six of Article 61 with amendments made in accordance with Law No 1114-V on 01.06.2007)

7. The list and the order of candidates for deputy on the electoral list determined by a party (bloc) may not be changed after their registration by the Central Election Commission, except for the exclusion of certain candidates from an electoral list in cases envisaged by this Law.

8. If candidates for deputies are registered, the representative of the party (bloc) in the Central Election Commission shall be given the certificates of candidates for deputy in the form established by the Central Election Commission, together with a copy of the decision to register the candidate within three days after the respective decision was passed. The electoral list of candidates for deputy of a party (bloc) together with the decision on registration shall be published in the newspapers Holos Ukrayiny and Uriadovyy Kuryer within the same term.

9. If the Central Election Commission reveals signs of violation of paragraph one of Article 37 of the Constitution of Ukraine in the documents, submitted by a party (bloc), it is obliged to address the Ministry of Justice of Ukraine regarding a submission from it to the Supreme Court of Ukraine about the prohibition of the activities of the respective party. The consideration of the issue of registration of candidates for deputies from this party (bloc) shall be postponed until a respective decision of court takes legal effect.

Article 62. Denial of Registration of a Candidate (Candidates) for Deputy

1. The Central Election Commission shall deny registration of a candidate (candidates) for deputies if:

1. laws of Ukraine were violated during the formation of the electoral bloc and the nomination of candidates for deputy;

2. there is an absence or unduly completion of the documents indicated in Article 58 of this Law;

3. the citizenship of Ukraine of the candidate for deputy is terminated;

4. the person nominated candidate for deputy leaves Ukraine for permanent residence abroad or with the aim to obtain political asylum;

5. the person nominated candidate for deputy is declared as incapable;

6. a sentence for a deliberate crime takes legal effect against the person nominated candidate for deputy;

7. the Central Election Commission reveals circumstances that deprive the person nominated candidate for deputy the right to be elected deputy in accordance with Article 9 of this Law.

2. A decision to deny registration of candidates for deputy must contain exhaustive reasons for the denial. A copy of this decision shall no later than on the day after its adoption be given to the representative of the party (bloc) in the Central Election Com-mission.

3. A denial to register candidates for deputy included in the electoral list of a party (bloc) because of unduly completion of the documents submitted by a party (bloc), envisaged by paragraph one of Article 58 of this Law, shall not exclude that the party can submit a repeated statement for registration of candidates for deputy, included in the list of the party (bloc). Such statement with documents corrected in accordance with the requirements of this Law, must be submitted to the Central Election Commission no later than seventy-five days prior to election day. The Central Election Commission shall pass the final decision regarding the registration of candidates for deputy, included in the electoral list of a party (bloc), no later than seventy-one days prior to election day.

4. If as a result of a refusal of the Central Election Commission to register candidates for deputy included in the electoral list or a further cancellation of the registration of candidates for deputy by the Central Election Commission, the number of candidates for deputy left on the respective electoral list of a party (bloc) is less than the minimum number of candidates for deputy, determined by paragraph one of Article 57 of this Law, the Central Election Commission shall pass a decision to deny registration or to cancel the registration of all candidates for deputy, included in such electoral list of a party (bloc).

5. The decision of the Central Election Commission about the cancellation of the registration of a candidate for deputy, which has not been appealed, shall take effect after the expiration of the terms for such appeal.

Article 63. Changes in the Composition of an Electoral bloc of Parties

1. A party constituting a bloc may no later than 35 days prior to election day take a decision to leave the bloc. Such decision shall be passed by the congress (meeting, conference) of the party in accordance with the procedure envisaged by its charter. The decision of the party to leave the bloc and the excerpt from the minutes of the congress (meeting, conference) about the consideration of the issue, signed by the head of the party, the person presiding over the congress (meeting, conference) and sealed with the seal of the party, shall be submitted to the Central Election Commission and to the leading body of the bloc within three days after the conduct of the congress (meeting, conference).

2. If a party leaves a bloc that includes more than two parties, it shall not affect the status of the bloc as a subject of the election process irrespective of the number of parties that remains in it. The name of the party that left the bloc shall be excluded from the list of parties that constitute the bloc on ballot papers and in other election documentation.

3. If a party leaves a bloc that includes two parties, the legal successor of the bloc that is a subject of the election process shall remain with the party that did not take the decision to leave the bloc. In such case, the name of the party that is the legal successor of the bloc shall be indicated on the election ballots and in election documentation instead of the name of the bloc.

4. If the decision, envisaged in paragraph one of this Article, is passed no later than ninety days prior to election day, the party which left the bloc shall have the right to nominate candidates for deputy according to the procedure and within the terms envisaged by this Law.

5. If the decision envisaged in paragraph one of this Article is passed later than ninety days prior to election day, the party that left the bloc shall lose its status as subject of the election process.

6. On the basis of the decision envisaged by paragraph one of this Article, the Central Election Commission shall pass a decision to exclude the persons who are members of the party that took the decision to leave the bloc from the electoral list of the bloc (parties that are the legal successor of the bloc) or to cancel the registration of the candidates for deputy that are members of this party.

7. Parties that constitute a bloc may pass a decision to dissolve the electoral bloc no later than thirty-five days prior to election day. Such decisions shall be passed by the congress (meeting, conference) of each party that constitutes the bloc. The decision to dissolve the bloc and excerpts from the minutes of the congresses (meetings, conferences) of each party about the consideration of the issue of dissolving the bloc, signed by the head of the party, the preceding person at the congresses (meetings, conferences) and certified with the seal of the party shall be submitted to the Central Election Commission within three days from the day the congress (meeting, conference) was held.

8. If the decisions envisaged by paragraph seven of this Article are passed no later than ninety days prior to election day, each party constituting the bloc shall have the right to nominate candidates for deputy according to the procedure and within the terms envisaged by this Law.

9. If the decisions envisaged by paragraph seven of this Article are passed later than ninety days prior to election day, the parties constituting the bloc shall lose their status as subjects of the election process.

10. If the decisions envisaged by paragraph seven of this Article are passed before the registration of candidates for deputy, included in the electoral list of the bloc, the Central Election Commission shall not consider the issue about their registration. If the said decisions are passed after registration of candidates for deputy, included in the electoral list of the bloc, the Central Election Commission shall cancel the registration of the candidates for deputy included in the electoral list of the bloc on the basis of these decisions.

Article 64. Cancellation of the Registration of a Candidate (Candidates) for Deputy

1. The Central Election Commission shall pass a decision to cancel the registration of a certain person as candidate for deputy, included in the electoral list of a party (bloc), by which he/she shall be excluded from the electoral list, no later than three days prior to election day, if:

1. the candidate for a deputy after his/her registration submits a written statement about his refusal to run as candidate ;

2. the party (bloc) submits a cancellation of its decision to register a candidate for deputy according to a decision passed in accordance with the procedure, envisaged by the charter of the party (or the agreement about the formation of the bloc) no later than fifteen days prior to election day;

3. any of the reasons envisaged by paragraph six of Article 63 of this Law occur;

4. the citizenship of Ukraine of a candidate for a deputy is terminated;

5. the candidate leaves Ukraine for permanent residence abroad or with the aim to obtain political asylum;

6. the candidate for deputy is declared incapable;

7. a sentence for a deliberate crime takes legal effect against the candidate for deputy;

8. the candidate was included in several electoral lists of parties (blocs) according to his/her written consent to run as candidate from these parties (blocs);

9. the Central Election Commission reveals circumstances, which deprives the person nominated candidate for deputy from being elected deputy in accordance with Article nine of this Law.

10. the candidate repeatedly commits an action for which he has received a warning according to paragraph four of this Article.

2. The Central Election Commission shall, no later than ten days prior to election day cancel its decision to register all candidates for deputy, include in the electoral list of a party (bloc) if it after the registration reveals the reasons envisaged by paragraph four of Article 62 of this Law, or the reasons envisaged by paragraph ten of Article 63 of this Law occur. After the adoption of the said decision, the respective party (bloc) shall lose its status as subject of the election process.

3. If the decision indicated in paragraph two of this article is passed after the printing of ballot papers, the Central Election Commission shall pass a decision on re-printing ballot papers or introducing changes to ballot papers according to the procedure by paragraphs seven or eight of Article 79 of this Law.

4. The Central Election Commission shall issue a warning to a party (bloc) or a certain candidate for deputy, which shall be published in national mass media, if:

1. a court, when considering a election dispute according to the procedure envisaged by law, establishes the fact that a candidate or a party (bloc), that nominated candidates for deputy, the representative of the party (bloc) in the Central Election Commission, the authorized person of the party (bloc) or an official of the party (party that is part of a bloc), as well as another person acting on orders of the party (bloc) that nominated candidates for deputy, have given bribes to voters or to members of election commissions;

2. a court, when considering an election dispute according to the procedure envisaged by law, establishes the fact that an organization, the founder, owner or member of the board of which is a candidate for deputy, a party that has nominated candidates for deputy (one of the parties that are part of a bloc that nominated candidates for deputy) or an official of this party during the election process has provided voters, facilities, institutions or organizations or members of election commissions money or, free of charge or on privileged conditions, goods (except for goods that carry a visual image of the name, symbols or flag of the party (parties that are part of a bloc) on the conditions that the value of such goods do not exceed three per cent of the size of a minimum salary) work, services, securities, credits, lottery tickets or other material values (indirect bribing);

3. a court, when considering an election dispute according to the procedure envisaged by law, establishes the fact that a candidate for deputy or a party (bloc) has allocated other funds for the financing of the election campaign than funds from the election fund of the party (bloc);

4. a court when considering an election dispute establishes that a candidate for deputy, who occupies a position, including part-time, in bodies of the executive or bodies of local self-government, in State or municipal enterprises, institutions or organizations, in military formations established in accordance with the laws of Ukraine, has engaged or used his/her subordinates, office transport, communication, equipment, premises or other objects and resources at his/her place of work for campaign purposes (abuse of official position);

5. the party (bloc) or candidate for deputy has violated the limitations regarding the election campaign, including for campaigning during the election process beyond the terms, established by Article 65 of this Law.

5. The Central Election Commission shall consider the issue to cancel the registration of a candidate for deputy or to issue him/her or the party (bloc) a warning in the presence of the candidate for deputy or the representative of the party (bloc) in the Central Election Commission. The said persons shall be notified about the time of the consideration no later than the day prior to the consideration. If the indicated persons are absent from the session without weighty reason, or, when considering this issue less than three days prior to election day – by any reason, the Central Election Commission shall consider the issue in the absence of the said persons.

6. In case of violations envisaged by paragraph four of this Article or other violations, for which the law has established criminal or administrative liability, the Central Election Commission shall notify the respective law enforcement agencies for them to investigate and respond in accordance with law.

7. The Central Election Commission shall inform a party (bloc) or a candidate for a deputy about the cancellation of the registration of a candidate(s) or about the issuance of a warning no later than on the next day after the day the decision was passed and shall give a copy of this decision to the representative of the party (bloc) in the Central Election Commission or to the candidate for deputy within the same period. If the said decision is passed on the last day prior to election day, the copy of such decision shall be issued to the indicated persons immediately.

8. If a candidate for deputy dies or is declared missing without traces, the Central Election Commission shall declare him/her as such that has left the race and shall exclude him/her from the respective electoral list.

Chapter VIII

THE ELECTION CAMPAIGN

Article 65. Terms for the Conduct of the Election Campaign

1. A party (bloc) and a candidate for deputy shall have the right to begin their election campaign from the moment when the Central Election Commission passes the decision to register the candidates for deputy included in the electoral list of the party (bloc).

2. The election campaign shall terminate at 24 hours of the last Friday prior to election day.

3. It is prohibited to campaign on the day prior to election day and on election day. It is prohibited, within the same time period, to conduct mass events (rallies, marches, demonstrations and picketing) on behalf of a party (bloc) that is a subject of the election process and to distribute campaign materials, as well as to make public announcements that the conduct of concerts, performances, sport competitions, presentation of film programs or TV programs or other public events are supported by a party (bloc) or an individual candidate for deputy.

Article 66. Forms and Means of Election Campaign

1. The election campaign is any activity with the aim to urge voters to vote for or against a certain subject of the election process. The election campaign may take any form and use any means that are not in conflict with the Constitution of Ukraine and the laws of Ukraine. Citizens of Ukraine shall have the right to discuss the election programs of parties (blocs), the political, professional and personal qualities of candidates for deputies freely and all round, and to campaign for or against parties (blocs) and candidates for deputy. (Paragraph one of Article 66 with amendments made in accordance with Law No 3099-IV on 17.11.2005)

2. The election campaign may be conducted in the following forms:

1. the conduct of gatherings of citizens, or other meetings with voters;

2. the conduct of rallies, marches, demonstrations, picketing;

3. the conduct of public debates, discussions, “round tables” and press conferences concerning the provisions of the election programs and political activities of parties (blocs) that are subjects of the election process or candidates for deputy;

4. the dissemination on in print and broadcasting (electronic) media of political advertisements, speeches, interviews, essays, video films, audio- and video spots and other publications and announcements;

5. the distribution of election leaflets, posters and other print campaign materials or print editions, containing campaign materials;

6. the display of print campaign materials or political advertisement on outdoor advertisement boards;

7. the conduct of concerts, performances, sport competitions, presentation of films and TV programs or other public events supported by a party (bloc) that is subject of the election process or candidate for deputy, as well as the dissemination of information about such support;

8. public appeals to vote for or against parties (blocs) that are subjects of the election process or public assessments of the activity of such parties (blocs) or candidates for deputy;

9. in other forms that are not in conflict with the Constitution of Ukraine and the laws of Ukraine.

3. Political advertisement is one of the forms of the election campaign at the expense of funds from the election funds of parties (blocs), displayed by advertising means urging voters to vote for or against a certain subject of the voting process. Political advertisements include the use of symbols or logos of parties (blocs) that are subjects of the election process, in particular announcements that spectacles or other public events are supported by a party (bloc) that is subject of the election process or by a candidate for deputy or the attraction of attention to the fact that a party (bloc) that is subject of the election process or certain persons as candidates for deputy take part in such event. The broadcast time allotted to political advertisement on radio and television by a TV and broadcast organization of any form of ownership may not exceed twenty per cent of the actual amount of broadcast during an astronomic day. The print space allotted to political advertisements throughout the election process in print mass media, including advertising mass media, may not exceed twenty per cent of the amount of print space of each copy of the edition or supplement to it. (Paragraph three of Article 66 in edition of the Law N 3099-IV on 17.11.2005)

4. The financial support by a party (bloc) that is subject of the election process or by candidate for deputy to the conduct of concerts, performances, sport competitions presentations of films or TV programs or other events may only be done at the expense of funds from the election fund of the relevant party (bloc).

5. Official announcements during the election process about the activities of candidates for deputy that relate to their fulfilling of their official (service) duties, envisaged by the Constitution of Ukraine and the laws of Ukraine, and which have been prepared according to the procedure envisaged by the Law of Ukraine “On the Procedure for Mass Media Coverage of Activities of State Executive Bodies and Bodies of Local Self-Government in Ukraine" (539/97-BP), shall not be regarded as part of the election campaign. Such official announcements must not contain commentaries with a campaign character, as well as video- and audio records, films or illustrating photos covering the activities of the said persons as candidates for deputy.

6. The costs of the election campaign shall be covered at the expense of funds from the State Budget of Ukraine allocated for preparation to and conduct of the elections of deputies for the purposes determined by this Law, and funds from the election funds of parties (blocs). It is prohibited to use private funds of candidates for deputy or funds from other sources for the conduct of the election campaign, including at the initiative of voters.

7. The election campaign at the expense of funds from the State Budget of Ukraine allocated from for the preparation to and conduct of the elections shall be conducted in compliance with the principle of equal conditions with regard to the provision of equal print space in print mass media and equal air time on radio and TV to the parties (blocs) that are subjects of the election process.

8. At the request of the respective district election commission, bodies of the executive and bodies of local self-government shall provide premises that are suitable for the conduct of public campaign events, which shall be organized by the district election commission. In doing so, the district election commission must ensure equal opportunities for all parties (blocs) that are subjects of the election process. The payment for the use of the provided premises shall be made according to the procedure established by Article 54 of this Law.

9. A party (bloc) that is subject of the election process shall have the right to rent buildings and premises of all forms of ownership for the conduct of gatherings, rallies, debates, discussions and other public campaign events on contractual basis and at the expense of the election fund of the party (bloc).

10. A party (bloc) shall notify the respective district election commission about the time and place of planned public campaign events.

11. If a building (premise) irrespective of the form of ownership has been rendered for the conduct of a public campaign event or election campaigning of one party (bloc), the owner (contractor or user) of such building (premise) shall not have the right to refuse another party (bloc) that is subject of the election process to rent it on the same conditions. The said requirement shall not concern premises that are owned by or permanently used by parties (blocs) that are subjects of the election process.

Article 67. Informational Posters and Election Campaign Materials

1. The Central Election Commission shall ensure the production of informational posters of parties (blocs) that are subjects of the election process at the expense of funds from the State Budget of Ukraine allocated for the preparation to and conduct of the elections of deputies no later than thirty-five days prior to election day. Such posters must contain the election programs of parties (blocs), submitted by them concurrently with the submission for registration of candidates for deputies, the electoral list of the party (bloc) indicating the surname, patronymic and name, the year of birth, the position (occupation), the place of work and residence and the party affiliation of the candidates for deputy included in the list, as well as photos of the first five candidates for deputy. The Central Election Commission shall determine the form, size and print layout of the informational posters.

2. The Central Election Commission shall agree the text and print layout of the informational poster with the representative of the party (bloc) in the Central Election Commission.

3. The Central Election Commission shall ensure the production of an equal amount of informational posters of parties (blocs) in the amount of no less than two copies of each poster per election district. The produced informational posters of parties (blocs) shall be delivered to the respective election commissions according to the procedure established by the Central Election Commission. (Paragraph 3 of Article 67 in edition of the Law N 3437-IV on 09.02.2006)_

4. The informational posters shall be transferred to the relevant election commissions no later than twenty days prior to election day. (Paragraph four of Article 67 with amendments made in accordance with Law N 3437-IV on 09.02.2006)

5. A party (bloc) that is a subject of the election process may, as it finds fit, produce election campaign materials at the expense and within the limits of the election fund of the party (bloc). A party may produce its own print election campaign materials (print election campaign material of the bloc of which the party is part) utilizing equipment which belongs to it. The information contained in these materials must comply with the requirements of law.

6. A party (bloc) that is subject of the election process shall be obliged to submit one copy of each print election campaign material produced at the expense of funds from the election fund of the party (bloc) and utilizing equipment, that belongs to it, to the Central Election Commission no later than five days from the day it was produced.

7. Print election campaign materials shall contain information about the printing facility or a note that printing was done utilizing equipment that belongs to the party, about the circulation and information about the persons who are responsible for the edition.

8. Local bodies of the executive authorities as well as bodies of local self-government shall no later than one hundred days prior to election day assign places and equip stands and announcement boards in crowded areas for the display of election campaign materials.

Article 68. General Procedure for the Use of Mass Media

1. The election campaign using mass media of all form of ownership shall be performed in compliance with the principle of equal conditions and according to the procedure envisaged by this Law.

2. Election Campaign in mass media, including political advertising, must be performed in the form and in compliance with the requirements envisaged by this Article and Articles 66 and 69-71 of this law.

3. A party (bloc) that is subject of the election process shall have the right to use mass media of State and municipal ownership at the expense and within the limits of funds of the State Budget of Ukraine allocated for preparation and conduct of the elections, on conditions envisaged by this Law.

4. The Central Election Commission shall no later than one hundred days prior to election day establish the procedure for the allocation of airtime and print space at the expense and within the limits of funds from the State Budget of Ukraine allocated for the preparation to and conduct of the elections.

5. The election campaign in mass media of all forms of ownership at the expense of funds from the election fund of a party (bloc) shall be carried out on the conditions of equal cost for one unit of airtime and one unit of print space.

6. The estimations of the cost of one unit of print space and one unit of airtime for the conduct of the election campaign at the expense of the funds from the election fund of parties (blocs) that are subjects of the election process shall be established by the respective mass media outlet no later than one hundred and thirty days prior to election day within a range that may not exceed the arithmetical average of the price for commercial advertising (advertising disseminated with the aim of gaining profit) in the first three quarters of the year preceding the year of elections of deputies. Doing so, mass media outlets may calculate such estimated cost of a unit of print space and unit of airtime separately for working days and holidays (days off), as well as separately for different periods of airtime or print space according to the volume of the potential audience.

7. Mass media outlets registered after 1 April of the year preceding the year of ordinary elections of people's deputies of Ukraine shall determine the estimated cost of a unit of print space and unit of airtime on the basis of data for the whole period of their activity according to the procedure established by paragraph six of this Article. The range of the cost of such mass media outlets may not exceed the cost estimates of the newspaper Holos Ukrayiny (for print media), or the National TV Broadcasting Company of Ukraine and the National Radio Broadcasting Company of Ukraine (for TV and radio organizations), respectively.

8. Nationwide mass media outlets shall officially send the estimated cost for a unit of print space or airtime, established in accordance with the requirements of paragraph six or seven of this Article, to the Central Election Commission no later than one hundred and ten days prior to election day, and regional and local mass media – to the district election commissions no later than five days after they were formed. The estimated cost for a unit of print space and a unit of airtime for the conduct of the election campaign may not be changed during the election process. A media outlet may not give parties (blocs) that are subjects of the election process discounts or charge extra for the payment of print space or airtime.

9. A mass media outlet, which has provided airtime or print space to one party (bloc) that is subject of the election process, may not refuse to provide airtime or print space to another party (bloc) that is a subject of the election process on the same conditions. A mass media outlet may refuse to provide airtime or print space to a party (bloc) that is a subject of the election process in case the materials provided for distribution do not meet the requirements of paragraph five or nine of Article 71 of this Law. (Paragraph nine of Article 68 with amendments made in accordance with Law N 3099-IV on 17.11.2005)

10. In case media outlets disseminate results of public opinion surveys related to the elections of deputies, they must indicate the organization which conducted the survey, the time it was conducted, the number of respondents, the method of gathering the information, the precise formulation of the question and a statistical assessment of the possible error margin.

11. The requirements established by paragraphs five through nine of this Article, shall not apply to mass media outlets, the founders (owners) of which are parties that are subjects of the election process (parties constituting a bloc that is a subject of the election process).

12. The coverage of the election process in mass media outlets of all forms of ownership in interviews, discussions and debates, information releases and in news and current affairs programs must be objective, unbiased and balanced. (Paragraph twelve of Article 68 in the edition of the Law N 3099-IV of 17.11.2005)

Article 69. The Procedure for Use of Electronic (Audiovisual) Mass Media

1. TV and radio broadcasting organizations of all forms of ownership shall publish the estimated cost for one minute (second) of airtime in print mass media no later than one hundred and ten days prior to election day. Television organizations that broadcast on nationwide Television channels shall publish such information in the newspapers Holos Ukrayiny and Uriadovyy Kuryer, regional and local broadcasting organizations – in the respective regional and local print mass media of State or municipal ownership.

2. Airtime for the conduct of the election campaign at the expense and within the limits of funds from the state budget of Ukraine allocated for the preparation to and conduct of elections shall be provided by TV and radio broadcasting organizations of State and municipal ownership between nineteen and twenty-two hours.

3. The broadcasting hours (schedule for broadcasting) of TV and radio broadcasting organizations, which have licenses of the National Council of Ukraine for TV and Radio Broadcasting with the right to use nationwide broadcasting channels, shall be altered (without changing the broadcasting volume) for the period when election campaign programs at the expense of funds from the State budget of Ukraine allocated for the preparation to and conduct of elections are shown during the election period with the purpose to allow regional TV and radio broadcasting organizations of State and municipal ownership to broadcast such programs in the respective regions.

4. Television and radio broadcasting organizations shall provide each party (bloc) that is a subject of election process with airtime for the conduct of their election campaign at the expense and within the limits of funds from the State budget of Ukraine allocated for the preparation to and conduct of elections, in a total volume of no less than 60 minutes on a nationwide TV channel and 60 minutes on a nationwide radio channel, as well as 20 minutes on regional TV channels and 20 minutes on regional radio channels in each of the regions. This time shall be given to the party (bloc) on each of the indicated channels in two equal parts of the total volume of the allocated time.

5. It is prohibited within 20 minutes before and after a TV and/or Radio transmission of an election program of a party (bloc) in any form to comment on or assess the content of the election campaign program, or give any information regarding this party (bloc) or the candidates nominated by it, on the same broadcast channel.

6. The preliminary airtime schedule for broadcasting election campaign TV and radio programs indicating the date and the time for their airing (without indicating the concrete participants of the program) shall be compiled by nationwide and regional TV and radio broadcasting organizations of State and municipal form of ownership, with whom agreements have been concluded about the transmission of election campaign materials of parties (blocs) during the election process at the expense and within the limits of the funds from the State budget of Ukraine allocated for the preparation to and conduct of elections. Such schedule shall be sent to the Central Election Commission or to the district election commission, respectively, no later than fifty-seven days prior to election day.

7. The order for the allocation of airtime on radio and TV among the parties (blocs) that are subjects of the election process within the schedule, specified in paragraph six of this Article, shall be determined no later than fifty-three days prior to election day according to the results of a drawing of lots by the Central Election Commission and by one of the district election commissions within each of the regions of Ukraine by decision of the Central Election Commission, respectively, with the participation of the respective representatives of the parties (blocs) in the Central Election Commission or by the respective authorized persons of the parties (blocs).

8. The results of the drawing of lots, conducted in accordance with paragraph seven of this Article, and the schedule for the distribution of airtime, compiled as a result of it, indicating the election campaign TV and radio programs, the concrete date and time for their broadcast at the expense of funds from the State budget of Ukraine allocated for the preparation to and conduct of elections, shall be published in the newspapers Holos Ukrayiny and Uryadovyy Kuryer and in local print mass media outlets of State and municipal form of ownership, respectively, within three days after their approval by the Central Election Commission or by the respective district election commission.

9. The payment for the allocation of airtime to a party (bloc) shall be carried out by the Central Election Commission or the respective district election commission in accordance with the budget schemes approved by them within the limits of the funds from the State budget of Ukraine allocated for the preparation to and conduct of elections, and according to agreements, which shall be concluded, respectively, between the Central Election Commission and the National TV Company of Ukraine and the National Radio Company of Ukraine, or between the respective district election commissions and the regional TV and radio broadcasting organizations of State and municipal form of ownership.

10. Airtime at the expense of the election fund of a party (bloc) shall be allocated on the basis of an agreement that shall be concluded between the administrator of the current account of election fund of the party (bloc) on behalf of the party (bloc) and the TV and radio broadcasting organization of any form of ownership. It is prohibited to allocate airtime to a party (bloc) without concluding such an agreement and transferring funds to the account of the TV and radio broadcasting company.

11. TV and radio broadcasting organizations shall make audio- and video records of all broadcasts that contain election campaign material and store them until [the expiry] of a thirty-day term after the day of the official announcement of the results of the elections.

12. Upon written requests of the Central Election Commission or the National Council of Ukraine for TV and Radio Broadcasting, TV and radio broadcasting organizations of all forms of ownership must provide all information about the allocation of airtime to a party (bloc) for the conduct of the election campaign, and if required – copies of the respective agreements, payment documents and broadcasts recorded on tape and other information carriers.

13. During the electoral process only political parties (blocs) subjects of the electoral process could be requesters of political advertising for broadcasting by TV and radio organizations. During political advertising broadcasting, it is obligatory to show the full name of the requester in the form of a text message, which shall cover no less than 15% of the screen and shall be done in a contrasting against the background color and be perceptive to the viewer.

Article 70. Procedure of Usage of Printed Media

1. A party (bloc) that is a subject of the election process shall have the right to publish its election program in a graphical design that is uniform to all parties (blocs) in the volume of no more than seven thousand eight hundred print characters in the newspapers Holos Ukrayiny and Uryadovyy Kuryer, as well as in one of the regional (local) print mass media outlets of State or municipal form of ownership in each of the regions of Ukraine at the expenses and within limits of the funds from the State budget of Ukraine allocated for the preparation to and conduct of elections. An agreement about the publishing of the said materials with the editorial boards of the said mass media outlets shall be concluded, respectively, by the Central Election Commission or a district election commission in the respective region that is determined according to paragraph seven of Article 69 of this Law.

2. The editorial boards of the newspapers Holos Ukrayiny and Uryadovyy Kuryer, as well as the editorial boards of regional print media outlets of State form of ownership with whom the respective district election commissions have concluded agreements about the publication of election programs of parties (blocs) that are subjects of the election process, shall be obliged to send the concrete dates for the publication of the respective edition of the outlet with the programs, indicating where these programs will be placed in each issue of the outlet (numbers of columns), to these election commissions no later than fifty-five days prior to election day of deputies.

3. The order of the printing of the election programs at the expense and within the limits of funds from the State Budget of Ukraine allocated for the preparation to and conduct of the elections in the media, envisaged by paragraph one of this Article, shall be determined no later than fifty-three days prior to election day by the Central Election Commission and by the respective district election commissions by drawing lots, with the participation of the respective representatives of the parties (blocs) in the Central Election Commission or the authorized persons of the parties (blocs) in the respective territorial election constituency.

4. The results of the drawing of lots regarding the order of the printing of election programs of parties (blocs) shall be published, respectively, in the newspapers Holos Ukrayiny and Uriadovyy Kuryer, in regional (local) print mass media outlets of State or municipal form of ownership within a three-day term after the day they were approved by the Central Election Commission or by the respective district election commission.

5. A party (bloc) that is a subject of the election process shall have the right at the expense of funds from its election fund to publish campaign materials in print media of any form of ownership which is issued in Ukraine, except for the mass media outlets specified in paragraph nineteen of Article 71 of this Law.

6. The election campaign materials specified in paragraph five of this Article shall be published on the basis of an agreement concluded between the administrator of the current account of the election fund of a party (bloc) on behalf of the party (bloc) and the editorial board (publisher) of the print media outlet. It is prohibited to publish these materials without concluding an agreement and transferring funds to the account of the editorial board (publisher) of the print media outlet. This requirement shall not apply to a mass media outlet, the founder (owner) of which is a party that is a subject of the election process (a party that is part of a bloc that is a subject of the election process).

7. Upon a written request of the Central Election Commission, the editorial boards (publishers) of print media outlets of all forms of ownership shall be obliged to provide the Central Election Commission with all information about the use of print space for the placing of election campaign materials of parties (blocs), and if required – send it the copies of all the respective agreements and payment documents, as well as the respective publications.

Article 71. Restrictions on the conduct of the Election Campaign

1. Participation in the election campaign shall be prohibited for:

1. foreign nationals and stateless persons, including through their journalistic activity or in the form of participation in concerts, performances, sport competitions and other public events, which are conducted in support of or with the support of a party (bloc) that is a subject of the election process or a candidate for deputy;

2. bodies of the executive and bodies of local self-government, law-enforcement agencies and courts;

3. officers and officials of the bodies specified in sub-paragraph 2 of this paragraph, except for cases when the respective officer or official is a candidate for deputy;

4. members of election commissions during the term of their powers in the respective election commissions.

2. Election campaign shall be restricted in military units (formations) and correctional facilities of the penitentiary system. Individual candidates for deputy or authorized persons of parties (blocs) are prohibited from visiting military units (formations) and correctional facilities. Meetings of such persons with voters shall be organized by the respective district election commission together with the commander of the military unit (formation) or head of the correctional facility with the obligatory notification of all authorized persons of parties (blocs) in the respective territorial election constituency no later than three days before the meeting.

3. It is prohibited to use the premises of bodies of State authorities and bodies of local self-government for the conduct of the election campaign at the expense of funds from the election funds of parties (blocs).

4. It is prohibited to place campaign materials and political advertisement on buildings and on the premises of bodies of State authorities and bodies of local self-government.

5. It is prohibited in any form to disseminate materials containing calls aimed at the liquidation of the independence of Ukraine, the change of the constitutional order by violent means, the violation of the sovereignty and territorial indivisibility of the State, the undermining of its security, the unlawful seizure of State power, the propaganda of war and violence, the incitement of inter-ethnic, racial, national and religious enmity, and the encroachment on human rights and freedoms and the health of the population. (Paragraph five of Article 71 with amendments made in accordance with Law N 3099-IV of 17.11.2005)

6. It is prohibited for mass media outlets, their officers and officials and creative staff members to campaign for or against parties (blocs) and candidates for deputy nominated by them, or to disseminate information, which bears the characteristics of a political advertisement, free of charge or paid by sources that are not envisaged by law, and also to disseminate any information with the aim of urging voters to vote for or against a certain subject of the election process, during the election process in their materials and programs not covered by agreements, concluded in accordance with the requirements of paragraph ten of Article 69 and paragraph six of Article 70 of this Law. (Paragraph six of Article 71 with amendments made in accordance with Law N 3099-IV of 17.11.2005)

7. It is prohibited to place political advertising in the same bloc as commercial advertising or public service announcements.

8. It is prohibited to place carriers of political advertisements, as well as to disseminate political advertisements via radio broadcasts or other networks for informing passengers, in means of public transport, at metro stations, railway stations, in ports and airports.

9. It is prohibited to disseminate deliberately false or defamatory information about a party (bloc) that is a subject of the election process or about a candidate for deputy. (Paragraph nine of Article 71 with amendments made in accordance with Law N 3099-IV of 17.11.2005)

10. If a court, when considering an election dispute, determines a multiple or a single gross violation of the requirements of this Law by a mass media outlet the court shall adopt a decision to suspend the license temporarily (until the end of the election process), or ban the issue of the print publication temporarily (until the end of the election process).  (Paragraph ten of Article 71 in edition of the Law N 3099-IV of 17.11.2005).

11. The National Council of Ukraine on TV and Radio Broadcasting shall by its decision suspend the broadcasting of foreign TV channels on the territory of Ukraine, including through the telecommunication operators, if their activity violates the norm prohibiting citizens of foreign States and stateless persons to engage in the conduct of election campaigning through their journalistic activity or if their activity contains calls for the liquidation of the independence of Ukraine, the change of the constitutional order by violent means, violation of the sovereignty and territorial indivisibility of the State, the undermining of its security, the unlawful seizure of State power, the propaganda of war and violence, the incitement of inter-ethnic, racial, national and religious enmity, and the encroachment on human rights and freedoms and the health of the population. (Paragraph eleven of Article 71 with amendments made in accordance with Law N 3099-IV of 17.11.2005)

12. A party (bloc) that is a subject of the election process or a candidate for deputy shall have the right to address a mass media outlet that disseminated information which the party (bloc) or the candidate regard as false, with a request to publish their reply. The mass media outlet that publicized the respective material must give the party (bloc) or the candidate for deputy, against whom the false information was disseminated, the possibility to publicize their reply no later than three days after the day the request for reply was made, but no later than on the last day prior to election day: it must give the same airtime on TV or radio, respectively, or in print mass media publish material, submitted by the party (bloc) or the candidate, which shall be typed with the same characters and placed under the headline “Reply” at the same place of the column and in a volume that is no less than the volume of the information that is being refuted. The reply must contain references to the respective publication in the printed media, the TV program or the radio broadcast and to the information that is being refuted. A reply that is published on the last day prior to election day must not contain direct calls to vote for or against a certain party (bloc). The reply must be made public without alteration, comments or shortenings at the expense of the mass media outlet. A reply to the reply shall not be granted. (Paragraph twelve of Article 71 with amendments made in accordance with Law N 3099-IV of 17.11.2005)

13. It is prohibited to conduct an election campaign that is accompanied by giving money to voters, institutions, facilities or organizations or providing them with goods free of charge or on preferential terms (except for goods that contain visual images of the name, symbols or flag of a party (a party that is part of a bloc; a bloc), on the condition that the value of such goods does not exceed three per cent of the size of a minimum salary), services, work, securities, credits, lotteries or other material valuables. Such an election campaign or the provision of voters, institutions, facilities or organizations free of charge or on preferential terms with goods, services, work, securities, credits, lotteries or other material valuables, which are accompanied by calls or proposals to vote or not to vote for or against a certain party (bloc) or mentioning the name of a party (bloc) or the name of a candidate shall be regarded as indirect bribing of voters, indicated in sub-paragraph 2 of paragraph four of Article 64 of this Law.

14. The Central Election Commission shall ensure that a clarification is placed in the nationwide mass media, envisaged by this paragraph, as to the prohibition to give out goods free of charge or on preferential terms (except for goods that contain visual images of the name, symbols or flag of a party (a party that is part of a bloc; a bloc) given that the value of such goods does not exceed three per cent of the size of a minimum salary), services, work, securities, credits, lotteries or other material valuables to voters, institutions, facilities, organizations, as well as to election commissions and their members (indirect bribing). The text of the clarification shall be approved by the Central Election Commission and published in the newspapers Holos Ukrayiny and Uryadovy Kuryer twice a week on the front page and shall be broadcasted on the first channels of the National TV Broadcasting Company of Ukraine and the National Radio Broadcasting Company of Ukraine beginning from sixty days prior to election day at the expense of funds from the State Budget of Ukraine allocated for the preparation to and conduct of the elections.

15. Regional (local) TV and radio broadcasting organizations of State and municipal forms of ownership must not overlap the election campaign broadcasts of parties (blocs) that are transmitted on the nationwide channels at the expense of funds from the State Budget of Ukraine allocated for the preparation to and conduct of the elections, with their own programs.

16. A specially authorized central body of the executive authority in charge of TV and radio broadcasting jointly with the respective TV and radio broadcasting organizations subordinate to it shall be obliged to establish a procedure that excludes that the broadcast of an election campaign program of one party (bloc) on the first nationwide TV channel shall not coincide in time with the broadcast of such a program of another party on the first nationwide radio channel by, if the airtime for both broadcasts is rendered at the expense of funds from the State Budget of Ukraine allocated for the preparation to and conduct of elections.

17. It is prohibited to include election campaign materials of parties (blocs), including political advertising, in informational TV and radio programs (news editions). All election campaign materials must be separated from other materials and indicated as such.

18. It is prohibited to interrupt the broadcasts of election campaign programs of parties (blocs) with advertising of goods, services and other announcements.

19. It is prohibited to conduct election campaigns in foreign mass media, which operate on the territory of Ukraine, and in mass media registered in Ukraine, in which the share of foreign ownership exceeds fifty per cent.

20. It is prohibited for mass media of all forms of ownership that operate on the territory of Ukraine to disseminate information about the results of public opinion surveys regarding parties (blocs) that are subjects of the election process within fifteen days prior to election day.

21. It is prohibited to post printed election campaign materials and political advertisements, including announcements about the course of the election process, on the objects of cultural heritage.

22. It is prohibited for candidates for deputy, who occupy a position, including multiple positions at the same time, in bodies of the executive and bodies of local self-government, in law enforcement agencies or courts, in State or municipal enterprises, in institutions, facilities, organizations or military units (formations) to engage their subordinates at their place of work or other persons in service dependency or administrative subordination to them (during working hours) for campaign purposes or any work related to the conduct of the election campaign, and to use official transport, communication, equipment, premises or other objects and resources at their place of work, as well as to use service or production gatherings or staff meetings for campaign purposes.

23. It is prohibited to produce and distribute print election campaign materials that do not contain information about the facility that printed them, their circulation or information about the persons, who are responsible for the edition.

24. It is prohibited from the time the election campaign terminates in accordance with paragraph two of Article 65 of this Law, to conduct campaign events, disseminate election campaign materials in mass media, present campaign films or spots, distribute election leaflets, posters and other print campaign materials or printed editions that contain election campaign materials, public calls to vote for or against parties (blocs) that are subjects of the election process or to make public assessments of activities of these parties (blocs) or candidates for deputy. Beginning from 24 hours on the last Friday prior to election day, the respective services of local bodies of the executive and bodies of local self-government shall remove election campaign materials.

25. It is prohibited to announce the results of opinion polls conducted on election day regarding the will of voters during the poll prior to the end of it. The methods for conducting such opinion polls must ensure that the secrecy of vote of the interviewed voter is observed.

26. Impediments to exercise the right to campaign, as well as violations of the procedure established by law for the conduct of such campaign shall result in liability established by the laws of Ukraine.

27. Mass media outlets shall not be held liable for the content of campaign materials placed in accordance with agreements with the customers, except for cases envisaged by paragraphs five and nine of this Article. (Article 71 is supplemented by Law N 3099-IV of 17.11.2005)

28. In case the Central Election Commission or a district election commission receive an appeal, complaint or other notification regarding a violation of the requirements of this Article, which bears the signs of a committed crime or an administrative offence, the respective election commission shall address the respective law enforcement agencies immediately for a verification of the said notification and for a reaction in accordance with the laws of Ukraine.

Chapter IX

GUARANTEES OF THE ACTIVITY OF PARTIES (BLOCS), CANDIDATES FOR DEPUTY AND OFFICIAL OBSERVERS

Article 72. Guaranties of the Activity of Parties (Blocs) in Election Process

1. A party (bloc) that nominated candidates for deputy shall have the right to delegate one representative to the Central Election Commission with the right to an advisory vote, who is authorized to represent the interests of the party (bloc) in the Central Election Commission during the election process. The central leading body of the party (the leading body of a bloc) shall approve the candidacy of the representative.

2. A citizen of Ukraine who has the right to vote may be representative of a party (bloc) in the Central Election Commission. A representative of a party (bloc) cannot be: a member of an election commission; an official of a body of the executive or court, of law enforcement agencies or bodies of local self-government; a military serviceman; a person that undergoes alternative (non-military) service.

3. The application for the registration of the representative of a party (bloc) in the Central Election Commission shall be signed by the head of the party (the heads of the parties constituting a bloc) and sealed with the seal of the party (seals of the parties constituting the bloc), and a copy of the decision of the central leading body of the party (leading body of the bloc) to approve the candidacy of the representative of the party (bloc) in the Central Election Commission shall be submitted to the Central Election Commission simultaneously with the application for the registration of candidates for deputy from the party (bloc). The application for registration of the representative of the party (bloc) in the Central Election Commission shall contain the following: the name, patronymic, surname of the representative of the party (bloc), his/her citizenship, the day, month and year of birth, place of work, position (occupation), place of residence, and telephone number. A written consent from this person to represent the interests of the party (bloc) in the Central Election Commission shall be attached to the application.

4. No later than on the third working day after the receipt the documents indicated in paragraph three of this Article, the Central Election Commission shall register the representative of the party (bloc) in the Central Election Commission with the right to an advisory vote and issue him/her a certificate. In the event the party (bloc) loses the status as subject of the election process, the powers of the representative of the party (bloc) in the Central Election Commission shall be deemed terminated from the moment the said circumstance occurs.

5. A party (bloc) that is a subject of the election process may have no more than five authorized persons in the nationwide constituency and no more than two authorized persons in each territorial election constituency. The authorized person of a party (bloc) shall represent the respective party (bloc) that is a subject of the election process and shall not be autonomous subject of the election process. The authorized person of a party (bloc) must meet the requirements indicated in paragraph two of this Article. A central leading body of the party (a leading body of the bloc) shall approve the list of authorized persons of the party (bloc) with a mandatory indication of the respective election constituency.

6. The powers of the authorized persons of the party (bloc) in the nationwide constituency shall also extend the out-of-country election constituency.

7. The application for the registration of authorized persons of a party (bloc), signed by the head of the party (the heads of the parties constituting the bloc) and sealed with the seal of the party (seals of the parties constituting the bloc), and a copy of the decision of a central leading body of the party (leading body of the bloc) about the approval of the list of authorized persons of the party (bloc) shall be submitted to the Central Election Commission at any time after the registration of the candidates for deputy included in the electoral list of the party (bloc). The application for registration of the authorized persons of the party (bloc) shall contain the following: the name, patronymic and surname of each authorized person, the respective election constituency, the citizenship of the authorized person of the party (bloc), the day, month and year of birth, place of work, position (occupation), place of residence and telephone number. Written consents of these persons to represent the interests of the party (bloc) in the respective election constituency shall be attached to the application.

8. No later than on the third working day after the receipt of the documents indicated in paragraph seven of this Article, the Central Election Commission shall register the authorized persons of the party (bloc) and issue their certificates, in the form established by the Central Election Commission, to the representative of the party (bloc) in the Central Election Commission. In the event the party (bloc) loses the status as subject of the election process, the powers of the authorized persons of the party (bloc) shall be deemed terminated from moment the said circumstance occurs.

9. The representative of a party (bloc) in the Central Election Commission and an authorized person of a party (bloc) shall have the right to be released from work or service duties without maintaining their salary from the day they are registered by the Central Election Commission until the end of the election process with the consent of the owner of the enterprise, institution, organization or a body authorized by him/her.

10. The representative of a party (bloc) in the Central Election Commission and an authorized person of a party (bloc) may at any time prior to election day apply to the Central Election Commission with an application for terminating their powers.

11. The leading body of a party (bloc) that passed the decision to approve the [candidacy of the] representative of the party (bloc) in the Central Election Commission or an authorized person of the party (bloc) may at any time prior to election day pass a decision to revoke the representative of the party (bloc) in the Central Election Commission or an authorized person of the party (bloc) and approve another candidacy instead of the revoked. The respective application along with a copy of the decision and other documents shall be submitted to the Central Election Commission according to the procedure determined by paragraph three and seven of this Article.

12. No later than on the third working day after the receipt of application, submitted in accordance with paragraph ten or eleven of this Article, but no later than on election day, and if on election day – immediately, the Central Election Commission shall pass a decision on the basis of the application about the cancellation of the registration of the representative of the party (bloc) in the Central Election Commission or the authorized person of the party (bloc) and about the registration of another person as representative of the party (bloc) in the Central Election Commission or authorized person of the party (bloc). A copy of the decision shall be immediately transferred to the representative of the party (bloc) in the Central Election Commission or sent to the address of the leading body of the party (bloc).

13. The certificate of a representative of the party (bloc) in the Central Election Commission or an authorized person of the party (bloc), whose powers have been terminated before the end of the election process shall be nullified and immediately returned to the Central Election Commission.

14. The representative of a party (bloc) in the Central Election Commission shall have the right to:

1. be present at all sessions of the Central Election Commission during the discussions of issues related to the elections of deputies and to take part in the discussion of them with the right of an advisory vote: receive the agenda and materials to the issues on the agenda before the beginning of the session, ask questions to the presenter and make suggestions as to the decisions of the Central Election Commission;

2. familiarize with the content of the minutes of the sessions of the Central Election Commission and its decisions, receive copies of these decisions; in the event he/she is absent from the session, familiarize with the documents on which decisions passed at such session were based;

3. immediately familiarize with protocols, telegrams, faxes and other official notifications, that are sent to the Central Election Commission from district and out-of-country polling station [sic] election commissions about the results of the vote in the respective territorial election constituency, as well as with the protocols of the respective polling station commissions on the result of the count of votes in the election district and receive copies of them;

4. exercise other rights, envisaged by this Law, for a representative of a party (bloc) in the Central Election Commission.

15. An authorized person of a party (bloc):

1. shall assist a party (bloc) in its participation in the election process, including in the conduct of the election campaign;

2. shall represent the interests of the party (bloc) in relations with election commissions (except for the Central Election Commission), bodies of executive authorities, courts, bodies of local self-government, voters and other subjects of the election process on the territory of the respective election constituency;

3. may participate with the right to an advisory vote in the sessions of election commissions within the respective election constituency (except for the Central Election Commission);

4. shall have the right to be present in the election district during voting and at the session of the polling station election commission during count of votes taking into consideration the restrictions established by paragraph three of Article 34 of this Law;

5. shall have the rights of an official observer from a party (bloc) envisaged by paragraph seven of Article 75 of this Law;

6. shall have other rights, envisaged by this Law, for an authorized person of a party (bloc).

16. The restrictions envisaged by paragraph eight of Article 75 of this Law shall apply to the authorized person of a party (bloc).

Article 73. Guaranties of the Activities of Candidates for Deputy

1. Candidates for deputy, except for a candidate for deputy who is the President of Ukraine or a people’s deputy of Ukraine, may not be refused to be released from carrying out their production or service obligations at their place of work and granted unpaid leave for the period of the election campaign.

2. A candidate for deputy may not be dismissed from work on the initiative of the owner of an enterprise, institution or organization, or a body authorized by him/her, or the commander of a military unit (formation) during the election process. A candidate for deputy may not be transferred to another job or sent on duty travel as well as conscripted to military or alternative (non-military) service, to training (testing) and special military exercises for military conscripts without his/her consent.

3. A candidate for deputy shall have the rights of an authorized person of a party (bloc), envisaged by sub-paragraph 1, 4 and 5 of paragraph fifteen of Article 72 of this Law, which he/she shall exercise in the nationwide election constituency.

Article 74. Official Observers

1. Official observers from parties (blocs) that are subjects of the election process may take part in the election process. An official observer of a party (bloc) shall be an autonomous subject of the election process.

2. Official observers from non-governmental organizations shall carry out observation of the election process according to the procedure determined by this Law.

3. Official observers from foreign states and international organizations may observe the course of the election process.

4. The powers of official observers shall commence from the day they are registered by the respective election commission according to the procedure envisaged by this Law and shall terminate after the Central Election Commission has established the results of the elections of deputies.

5. The election commission that registered the official observer may pre-term terminate his or her powers if he or she violates the laws of Ukraine. A motivated decision shall be passed about the early termination of the powers of an official observer.

Article 75. Official Observers from Parties (Blocs)

1. A citizen of Ukraine who has the right to vote may be an official observer from a party (bloc) that is a subject of the election process. The following persons may not be official observers from a party (bloc): a member of an election commission; an official of bodies of the executive or court, of law enforcement agencies or bodies of local self-government; a military serviceman; a person that undergoes alternative (non-military) service.

2. The district election commission shall register the official observer from a party (bloc) in the territorial election constituency upon application of the authorized person of the party (bloc) in the respective territorial or nationwide constituency.

3. The application for registration of official observers shall contain their name, patronymic, surname, citizenship, date of birth, place of residence and address of living, place of work and position, and telephone contact numbers. The written consent of such individuals to be official observers from the respective party (bloc) shall be attached to the application.

4. The application for registration of an official observer of a party (bloc) signed by the authorized person of the party (bloc) shall be submitted to the respective district election commission no later than five days prior to election day. Only a violation of paragraphs one through three of this Article may be reason to reject the registration of an official observer from a party (bloc).

5. The respective district election commission shall carry out the registration of official observers and shall issue the official observers from parties (blocs) a certificate in the form established by the Central Election Commission no later than on the following day after the submission of the application.

6. The Central Election Commission shall carry out the registration of official observers from parties (blocs) in the out-of-country election constituency according to the procedure established by this Article.

7. An official observer from a party (bloc) shall have the right to:

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

2) take photos and make films, audio and video records without violating the secrecy of vote;

3) be present when the election ballots are being issued to members of the polling station election commission, including for the organization of voting by voters at their place of stay (mobile voting), and during the conduct of such voting;

4) be present at sessions of polling station and district election commissions in the respective territorial election district in compliance with the requirements of this Law, taking into account the provisions established by paragraph three of article 34 of this Law, including to be present during the count of votes in the election district and the tabulation of the results of the vote in the territorial election constituency;

5) address the respective election commission or court with a request to eliminate violations of this Law in the event such are discovered;

6) draw up an act on a discovered violation of this Law, which shall be signed by him or her and not less than two voters who certify the fact of this violation, indicating their names, patronymics, surnames, address of place of residence and address of living, and to submit it to an election commission or to court, respectively, within the terms envisaged by Article 106 of this Law;

7) take necessary measures to terminate illegal actions during the vote and the count of votes in the election district;

8) receive copies of the protocols on the transfer of election ballots, on the count of votes and on tabulation of voting results, and copies of other documents in cases envisaged by this Law;

9) carry out other rights, envisaged by this Law, for official observers from parties (blocs).

8. An official observer from a party (bloc) shall not have the right to:

1) unlawfully interfere with work of an election commission or take actions that violate the legal course of the election process or illegally prevent members of election commissions from executing their powers;

2) mark a ballot paper instead of a voter (including at the request of the voter);

3) be present in the booth (room) for secret voting when the voter marks the election ballot or violate the secrecy of the vote in any other way.

9. If an official observer from a party (bloc) violates the requirements of paragraph eight of this Article, the election commission may give him/her a warning. In the event of a repeat or gross violation of the requirements of paragraph eight of this Article, the election commission may deprive him/her of the right to be present at its session. The official observer from a party (bloc) may appeal such a decision to a higher-level election commission or to court according to the procedure envisaged by this Law.

10. An authorized person of a party (bloc) shall have the right to revoke an official observer from the party (bloc) by filing a written statement to the respective district election commission (or regarding an official observer in the out-of-country election constituency - to the Central Election Commission) with a request to terminate his/her powers, and to submit documents for the registration of another person as an official observer according to the procedure determined by this Article.

11. An official observer shall have the right at any time to address the district election commission (or regarding an official observer in the out-of-country election constituency – the Central Election Commission) with a statement requesting to terminate their powers. On the basis of such statement, the election commission shall pass a decision about the cancellation of the registration of the official observer, a copy of which shall be given to the authorized person of the party (bloc) in the respective election constituency.

Article 76. Official Observers from Non-Governmental Organizations

1. Non-governmental organizations, the statutory activity of which include issues of the election process and the observation thereof, registered according to the procedure established by law at least two years prior to election day, have the right to have official observers, who shall conduct observation of the course of the election process, including the vote, the count of votes and the tabulation of the results of the vote in any election district and in the territorial election constituency with the permission of the Central Election Commission.

2. A non-governmental organization that meets the requirements specified in paragraph one of this Article may no later than ninety days prior to election day apply to the Central Election Commission with a request to have official observers during the elections of deputies. A duly notarized copy of the charter of the non-governmental organization, as well as a copy of the certificate on State registration of the non-governmental organization, certified by the issuing authority or duly notarized, shall be attached to the request, signed by head of the non-governmental organization and certified with the seal of the organization.

3. The Central Election Commission shall pass a decision to grant permission to a non-governmental organization to have official observers or to reject granting such a permission no later than on the tenth day from the receipt of the request and inform the non-governmental organization about this on the following day after passing the respective decision. Only a violation by a non-governmental organization of the requirements, established by paragraph one and two of this Article, may be reason for a rejection. A copy of the decision to grant permission to a non-governmental organization to have official observers or to reject granting such permission shall be given to a representative of the non-governmental organization no later than on the following day after passing such decision. The non-governmental organization shall have the right to appeal the decision to reject granting it permission to have official observers to court.

4. The Central Election Commission shall officially publish the list of non-governmental organizations that are permitted to have official observers in the elections of deputies in the newspapers Holos Ukrayiny and Uriadovyy Kuryer no later than seventy days prior to the day of the elections of deputies.

5. The requirements established by paragraph one of Article 75 of this Law shall apply to official observers from non-governmental organizations.

6. An official observer from a non-governmental organization shall be registered by the district election commission (for carrying out observation in the out-of-country election constituency – by the Central Election Commission) upon a submission of the non-governmental organization that has obtained permission to have official observers at the elections signed by the head of this organization and sealed with the seal of the organization.

7. The submission for registration of official observers from a non-governmental organization shall indicate their names, patronymics, surnames, citizenship, date of birth, place of residence and address of living, place of work and position, and contact phone numbers. Statements in which such persons give their consent to be official observers from this non-governmental organization shall be attached to the application.

8. The submission for registration of an observer from a non-governmental organization indicated by paragraphs six and seven of this Article shall be submitted to the respective district election commission (regarding official observers in the out-of-country election constituency – to the Central Election Commission) no later than five days prior to election day.

9. The respective district election commission (regarding official observers in the out-of-country election constituency – to the Central Election Commission) shall issue certificates to official observers in the form established by the Central Election Commission no later than on the following day after the submission was filed.

10. No more than three official observers from different non-governmental organizations may be present at the same time at a session of an election commission, at its final session or in the election district during the vote. If a larger number of official observers from non-governmental organizations are registered, the district election commission shall recommend representatives of the non-governmental organizations to agree upon a division of the polling stations between the non-governmental organizations.

11. An official observer of non-governmental organizations shall have the right to:

1) stay in polling stations during voting and observe the actions of the members of the commission at any distance, including when they issue ballot papers to voters and count the votes, without physically impeding the members of the commission;

2) take photos and make films, audio and video records without violating the secrecy of vote;

3) be present when the election ballots are being issued to members of the polling station election commission, including for the organization of the vote for voters at their place of stay (mobile voting) and during the conduct of such voting;

4) be present at sessions of polling station and district election commissions in the respective territorial election district, including to be present during the count of votes of voters in any election district and the tabulation of the results of the vote in the territorial election constituency;

5) receive copies of protocols on the transfer of election ballots, on the count of votes and on the tabulation of the voting results, and of other documents in cases envisaged by this Law;

12. An official observer of a non-governmental organization is obliged to adhere to restrictions envisaged by paragraph eight of Article 75 of this Law.

13. An official observer of a non-governmental organization is not a subject of the election process and shall not have the rights of a subject of the election process.

14. In case of gross or repeated violation of the requirements of paragraph twelve of this Article by an official observer of a non-governmental organization, the polling station election commission may deprive him/her of the right to be present at its session by its decision. The official observer from a non-governmental organization may appeal such a decision to a higher-level election commission or to court according to the procedure envisaged by this Law.

15. A non-governmental organization shall have the right to revoke its official observer by filing a statement, signed by its head and certified with the seal of the non-govern-mental organization, to the respective district election commission (regarding an official observer in the out-of-country election constituency – to the Central Election Commission) with a request to terminate his/her powers, and to submit documents for the registration of another person as official observer from the non-governmental organization according to the procedure established by this Law

16. An official observer of a non-governmental organization shall have the right to address the district election commission (an official observer in the out-of-country election constituency – to the Central Election Commission) at any time with a statement requesting to terminate their powers. On the basis of such statement, the election commission shall pass a decision about the cancellation of the registration of the official observer from the non-governmental organization, a copy of which shall be sent to the non-governmental organization.

Article 77. Official Observers from Foreign States and International Organizations

1. The Central Election Commission shall register official observers from foreign States and international organizations. Foreign States and international organizations shall submit proposals for registration of official observers directly or through the Ministry of Foreign Affairs of Ukraine to the Central Election Commission no later than ten days prior to election day.

2. The decision about the registration of official observers from foreign States and international organizations shall be passed by the Central Election Commission no later than five days prior to election day.

3. Citizens of Ukraine may not be registered as official observers from foreign States or international organizations. Citizens of Ukraine or foreign citizens or persons without citizenship that have command of the Ukrainian language may accompany the registered official observers from foreign States and international organizations on the territory of polling stations and during sessions of election commissions exclusively in order to perform the function as interpreter.

4. The Central Election Commission shall issue certificates to the official observers from foreign States and international organizations in accordance with the form it has established.

5. Official observers from foreign States and international organizations shall execute their authority on the territory of Ukraine as well as in the out-of-country election constituency.

6. An official observer from a foreign State or international organization shall have the right to:

1) be present at meetings with voters of candidates for deputy and authorized persons of parties (blocs), at election campaign events, rallies and sessions of election commissions;

2) familiarize with election campaign materials;

3) be present in polling stations during voting, as well as at sessions of polling station election commissions during count of votes of voters and at the sessions of district election commissions during the vote tabulation;

4) take photos and make film, video and audio records without violating the secrecy of the vote;

5) make public statements regarding administration of the elections of deputies and the improvement of the legislation of Ukraine based on the international experience, and hold press conferences in compliance with the requirements of the legislation of Ukraine;

6) together with other observers from foreign States and international organizations and upon agreement of the Central Election Commission, establish temporary groups of official observers in order to coordinate their activities within the powers envisaged by this Law.

7. Official observers from foreign States and international institutions shall carry out their observation autonomously and independently.

8. The Ministry of Foreign Affairs of Ukraine and other executive bodies, bodies of local self-government and election commissions shall assist official observers from foreign States and international organizations in execution of their powers.

9. Financial and logistic support of activities of the official observers from foreign States and international organizations shall be rendered at the expense of States and organizations that sent these observers to Ukraine, or at their own expense.

10. Official observers from foreign States and international organizations may not interfere with work of an election commission, take actions that violate the legal course of the election process or unlawfully prevent members of the election commission to execute their powers; mark a ballot paper instead of a voter (including at the request of the voter) or in any other way violate the secrecy of the vote and use his/her status in activities that are not related to the observation of the course of the election process. This restriction shall also apply to persons who according to paragraph three of this Article accompany official observers, during the intermediate work with the official observer from a foreign State or international organization.

Chapter X

VOTING AND THE DETERMINATION OF THE RESULTS

OF THE ELECTIONS OF DEPUTIES

Article 78. The Election Ballot

1. In the election of deputies the voters vote by the election ballot for the elections of people’s deputies of Ukraine (further – the election ballot).

2. The Central Election Commission shall approve the form and text of the election ballot no later than thirty-two days prior to election day. The election ballots must be of the same dimension, color and content. The Central Election Commission shall establish the level of protection of the election ballot.

3. The election ballot shall contain the name and the date of the elections of people’s deputies, the number of the territorial election constituency or indicating the out-of-country election constituency, the number of the election district, and designated fields for the seal of a polling station election commission, the name and initials of the member of the polling station election commission who will issue the election ballot. The text of the election ballot shall be printed in the state language and must be applied on a single sheet of paper and only on one of its sides.

4. The names of parties (blocs) in the election ballot shall be placed in the order of their numbers, which are determined by drawing of lots, which shall be conducted by the Central Election Commission with the participation of the representatives of parties (blocs) in the Central Election Commission after the end of the registration of candidates for deputy from parties (blocs) prior to the approval of the form and the text of the ballot. The drawing of lots determined by the number of each party (bloc), the unabbreviated name of the respective party (bloc with a mandatory indication of the names of the parties constituting the bloc), the surnames, names and patronymics of the first five candidates for deputy included in the electoral list of the party (bloc) shall be specified in the election ballot. An empty square shall be placed between the number of each party (bloc) and the name of this party (bloc). After the listing of the parties (blocs), separated from it with solid line, the following text shall be placed: “I do not support candidates for people’s deputy of Ukraine from any political party, electoral bloc of political parties” and a blank square shall be placed to the left of this text. (Paragraph four of Article 78 in edition of the Law N 3437-IV of 09.02.2006)

5. The election ballot shall contain an instruction to the voter as to the procedure for marking it during voting.

6. The election ballot shall have a counterfoil separated by a tear-off line. The counterfoil must contain the name and the date of the elections, the number of a territorial election constituency or indicating the out-of-country election constituency, the number of the election district, as well as a designated place for the number under which the voter has been included in the voter list in this election district, for the signature of the voter, who receives the ballot paper and for the surname and signature of the member of the polling station election commission, who will issue the election ballot.

7. An election ballot is a document of strict accountability. The Central Election Commission, the district and polling station election commissions shall keep strict record of received and issued election ballots in accordance with requirements of this Law. The producing enterprise and the district and polling station election commissions shall transfer the documentation that ensures strict inventory with the election ballots to the Central Election Commission. The Central Election Commission shall ensure that the inventory documentation records are transferred to the respective archival institutions after the official announcement of the election results.

8. Election ballots for each election district shall be printed in an amount that exceeds the number of voters included into the voter list in the election district by two per cent.

9. The additional number of election ballots for the polling stations that have been assigned in accordance with paragraph twelve of Article 42 of this Law to conduct voting by absentee certificates, shall be produced in an amount totaling one per cent of the number of voter in the respective territorial election constituency.

Article 79. The Procedure for the Production of Election ballots

1. The Central Election Commission shall provide for the production of election ballots in a centralized manner by a State-owned printing enterprise no later than seven days prior to election day on the basis of an agreement concluded between it and this printing enterprise.

2. The enterprise that is the producer of the election ballots shall ensure that the ordered number of produced election ballots is strictly complied with, that records of them are kept and provide for their transfer to the customer according to the procedure established by the Central Election Commission.

3. Technical waste, spoiled prints, as well as the printing forms shall be destroyed according to the procedure and within the terms determined by the agreement for the production of election ballots.

4. Control with the production of election ballots at the producing enterprise, compliance with the requirements as to destruction of printing forms, technical waste and spoiled prints shall be performed by a control commission, which shall be formed by the Central Election Commission upon submissions of parties (blocs) that in the current composition of the Verkhovna Rada of Ukraine as of 15 September of the year preceding the year of the conduct of the elections have their party factions (bloc factions), no later than on the day the form of the election ballot is being approved.

5. The Central Election Commission shall receive ballot papers in packages of the producing enterprise on the basis of a hand-over act according to a form established by the Central Election Commission. The election ballot hand-over acts indicating the number of election ballots received shall be posted on the official website of the Central Election Commission no later than on the following day after the day each act was signed. The consolidated information on the basis of the hand-over acts about the number of the election ballots produced for each territorial election constituency shall be made public according to the same procedure no later than two days prior to election day.

6. In a special election district, created on board a vessel navigating at sea under the State Flag of Ukraine on election day or at a polar station of Ukraine, election ballots can be produced, as an exception, upon permission of the Central Election Commission directly by the polling station election commission. Such permission may be granted no later than three days prior to election day on the basis of a submission of the respective district election commission, which shall contain the number of the election district created on the board vessel or in polar station, respectively, the name of the vessel or polar station, as well as the time when the respective vessel departed from the last port within the territory of Ukraine. After the said permission is granted, the election ballots, which have been produced for such polling stations on the order of the Central Election Commission, shall be cancelled according to the procedure determined by this Law by the Central Election Commission (if they were not yet transferred to the district election commission) or by the district election commission, about what an act shall be completed in the form and according to the procedure established by paragraph eight of Article 35 of this law. The information in the said act shall be taken into account by the Central Election Commission when completing the protocol on the results of the elections of deputies or by the district election commission when completing the protocol on result of the vote within the territorial election constituency.

7. In case a decision is passed to cancel the registration of all candidates for deputy from a party (bloc), for reasons and according to the procedure established by paragraph two of Article 64 of this Law, after the election ballots have been printed, though more than ten days prior to election day, the Central Election Commission shall pass a decision to produce new election ballots. New election ballots shall be produced according to the procedure established by this Law. New election ballots shall be produced on a paper of a different color.

8. If the decision to cancel the registration of all candidates for deputy from a party (bloc) is passed ten days or less prior to election day, the Central Election Commission shall pass a decision to introduce changes to the election ballot. Such changes to the election ballots shall be entered by the members of polling station election commissions using the respective stamp according to the procedure established by paragraph fifteen through eighteen of Article 80 of this Law. It is prohibited to enter changes to the election ballot without a decision of the Central Election Commission. Each voter shall be informed about the changes introduced to the election ballot when being issued the ballot paper.

9. The Central Election Commission shall approve the form of the stamp, indicated in paragraph eight of this Article, no later than thirty-five days prior to election day. District election commissions shall ensure the production of such stamps no later than ten days prior to election day. The stamps shall be transferred to polling station election commissions together with the election ballots.

10. An election ballot, in which the changes, indicated in paragraph eight of this Article, have not been entered, shall be deemed invalid. An election ballot, in which changes have been entered without decision of the Central Election Commission or in defiance of the said decision, shall be deemed invalid.

11. Persons who are guilty in illegal spoiling election ballots shall compensate the damage caused according to the procedure established by law.

Article 80. The Procedure for Transferring Election Ballots to Election Commissions

1. The district election commission shall receive election ballots from an authorized member of the Central Election Commission or a representative of the Secretariat of the Central Election Commission, authorized by the decision of the Central Election Commission, at its session no earlier than seven days prior to election day. The district election commission shall complete a protocol on the receipt of election ballots in three copies. The protocol shall be completed according to the procedure envisaged by paragraph eight of Article 35 of this Law, and shall be signed by the authorized member or the representative of the Secretariat of the Central Election Commission, authorized by decision of the Central Election Commission, who performed the transfer of the election ballots. The first copy of the protocol shall be delivered to the Central Election Commission, the second – kept at the district election commission, the third shall be immediately posted in the premises of the district election commission for general familiarization.

2. The district election commission shall ensure safekeeping and protection of election ballots received from the Central Election Commission. The election ballots shall be kept in the premises of the district election commission in a safe box (metal box or separate room), which shall be sealed with a tape string, on which shall be place the signatures of all persons present at the session of the commission and the seal of the commission. The safe (metal box or separate room) shall constantly (till the election ballots are handed over to polling station election commissions) be guarded by an officer of bodies of the interior of Ukraine.

3. No earlier than three days prior to election day, but no later than twenty hours prior to election day, the district election commission at its session shall hand over the election ballots to polling station commissions of the respective election constituency. No less than three members of each polling station election commission shall receive the election ballots.

4. The polling station election commission shall receive all the election ballots on which the number of the respective election district is indicated

5. A protocol on the transfer of election ballot from the district election commission to the polling station election commissions shall be completed in the form and according to the procedure by paragraph eight of Article 35 of this Law. The following shall be indicated in the protocol:

1) the number of the territorial election constituency;

2) the number of election ballots received by the district election commission;

3) the number of each election district, the commission members of which election ballots;

4) the number of voters in the election district according to the voter list as of the day the protocol was completed including voters who were included in the voter list on absentee certificates;

5) the number of election ballots handed over to the election district for voting;

6) the surnames and signatures of the members of the polling station election commission who received the election ballots;

7) the number of election ballots, cancelled by the district election commission, intended for special polling stations opened on board a vessel navigating at sea on election day under the State Flag of Ukraine and/or at a polar station of Ukraine, which were granted a permission to produce election ballots in accordance with paragraph six of Article 79 of this Law.

6. The protocol on the transfer of election ballots to the polling station election commissions shall be completed in a number of copies that exceed the number of members of the district election commission by three. The copies of the protocol shall be numbered and have equal legal force. The first copy of the protocol shall be sent to the Central Election Commission; the second protocol – shall be kept by the district election commission; and the third copy – shall be immediately posted in the premises of the district election commission for general familiarization. The remaining copies shall be distributed among the members of the district election commission – one copy for each member.

7. An excerpt from the protocol completed in the form established by the Central Election Commission, indicating the information that concerns the respective election district, shall be signed by the chairperson and the secretary of the district election commission and three members of the respective polling station election commission, sealed with a seal of the district election commission and given to the representatives of each polling station election commission, who received the election ballots, together with the election ballots.

8. Polling station election commissions of polling stations abroad shall receive election ballots no earlier than three days prior to election day through the Ministry of Foreign Affairs according to a procedure established by the Central Election Commission; if required, the election ballots may be handed over six days prior to election day, as an exception. The Central Election Commission shall complete the protocol on the transfer of election ballots to polling station election commissions of polling stations abroad, specified in paragraph five of this Article. The protocol shall be compiled in two copies, one of which shall be kept in the Central Election Commission, and the other shall be submitted to the Ministry of Foreign Affairs of Ukraine together with the excerpts from the protocol for each election district aboard, the information of the indicated protocol shall be made public on the official web-site of the Central Election Commission no later than the following day.

9. A candidate for deputy, authorized person of a party (bloc) or an official observer, who were present during the transfer of the election ballots shall have the right, upon his/her request, to immediately receive the copies of the protocols indicated in paragraph one and five of this Article, certified on each page by the chairperson and the secretary of the district election commission and sealed with the seal of the commission, in the amount of no more than one copy of the protocol for each party (bloc) that is a subject of the election process. The copies of protocol, indicated in paragraph eight of this Law, shall be issued to the representatives of parties (blocs) in the Central Election Commission.

10. Members of the polling station election commission of ordinary and special polling stations (except for polling stations on board vessels navigating at sea under the State Flag of Ukraine and at a polar station of Ukraine) shall deliver the received election ballots to the premises of the polling station election commission accompanied by an officer of internal affairs bodies of Ukraine, who shall have the duty of providing security.

11. The polling station election commission shall receive the election ballots at a session of the polling station election commission immediately after the arrival of the members of the election commission, who received the ballots. The secretary of the commission shall stamp each election ballot in the designated place with the seal of the polling station election commission election ballot. Another member of the polling station election commission, determined by a decision of the commission, shall recount the received election ballots and verify that the numbers of the territorial election constituency and the election district indicated on the ballots match the polling station, which received the election ballots.

12. During the counting of the election ballots the election commission member designated by the commission shall count the election ballots aloud. The other commission members shall observe the count. It is prohibited to divide the commission into several groups and to assign each of the groups to count a part of the ballot during the count.

13. In case a discrepancy between the counted number of election ballots and the quantity, indicated in the excerpt from the protocol of the district election commission on the transfer of election ballots, the polling station commission shall complete an act in two copies on the discrepancy indicating the reason for the discrepancy determined by a decision of the polling station election commission. The act shall be completed in the form and according to the procedure envisaged by paragraph eight of Article 35 of this Law. One copy of the act shall be delivered to the district election commission, and the other shall be kept in the polling station election commission. If the said discrepancies occur, the number of election ballots established in the session of the polling station election commission and registered in the act on the discrepancy and in the minutes of the session of the commission shall be considered the number of election ballots received by the polling station election commission.

14. Election ballots shall be kept in the premises of the polling station election commission in a safe (metal box), which is sealed at the same session of the election commission with a tape string, where the signatures of all persons present at the session of the election commission and the stamp of the election commission shall be placed, and shall be guarded permanently (till the beginning of the preparatory session of the commission, envisaged by paragraph three of Article 82 of this Law) by an officer of internal affairs bodies of Ukraine.

15. If the Central Election Commission passes a decision to enter changes in the election ballot using the special stamp, indicated in paragraph eight of Article 79 of this Law, no later than on the eve of the day of elections, the polling station election commission shall conduct its session according to the procedure, established by paragraph sixteen through nineteen of this Article, in fulfillment of this decision.

16. At the beginning of the session, all persons present shall examine the tape sealing of the safe (metal box), where the election ballots were kept. If the tape is not damaged and bears the respective signatures and seal, the safe box (metal box) with the election ballots shall be opened. The chairperson of the polling station election commission shall announce the number of election ballots received by the polling station election commission on the basis of the excerpt from the protocol of the district election commission on the transfer of election ballots to the polling station election commission or the act, specified in paragraph thirteen of this Law.

17. In case it is revealed that tape sealing of the safe (metal box) is damaged or the signatures or the seal are inconsistent, the chairperson of the polling station election commission shall immediately notify internal affairs bodies of Ukraine and the district election commission about this. After that, the chairperson of the commission shall immediately open the safe (metal box) and take out the election ballots present in it. The members of the polling station election commission shall check the election ballots, in particular, whether the numbers of the territorial election constituency and the election district correspond, whether the imprint of the seal of this polling station election commission is in place, after which they shall recount the election ballots. The polling station election commission shall complete an act on the discovery of signs that the safe (metal box) has been opened and (if revealed) on the discrepancy in the number of the election ballots. The said act shall be completed in the form and according to the procedure envisaged by paragraph eight of Article 35 of this Law. The number of election ballots revealed in the safe (metal box) shall also be registered in the session minutes of the election commission. In such a case, the established number shall be considered the number of election ballots received by the polling station election commission.

18. After having carried out the actions, envisaged by paragraph sixteen or seventeen of this Article, the polling station election commission shall enter the changes in election ballot. The member of this commission designated by the decision of the commission shall affix an imprint of the stamp, envisaged in paragraph eight of Article 79, on the election ballot in the field against the name of the party (bloc), which had its registration of candidates cancelled. The stamp shall be placed horizontally and may not override the text of the ballot with the name of another party (bloc). After this, the election ballots shall be recounted, put in the safe (metal box), where they shall be kept according to the procedure envisaged by paragraph fourteen of this Article. In case of a discrepancy between the number of election ballots counted after the entering of changes and the number of ballots received by the polling station election commission, at the same session the commission shall draw up an act in the form and according to the procedure indicated in paragraph thirteen of this Article. The number of election ballots, indicated in the mentioned act, shall also be registered in the minutes of the session of the commission and shall be considered the number of the election ballots received by the polling station election commission.

19. In case changes have been entered to the election ballots without a decision of the Central Election Commission or in defiance of such decision, the polling station election commission at its session shall complete an act on this in two copies in the form and according to the procedure envisaged by paragraph eight of Article 35 of this Law. The number of received election ballots, the number of spoiled election ballots and the surnames of the persons whose fault it was, must be indicated in the act. One copy of this act shall immediately be delivered to the district election commission; the second copy shall be kept in the commission. The information of the said act shall be taken into account by the polling station election commission when completing the protocol on counting the votes in the election district. On the basis of this act and a request of the district election commission, the Central Election Commission shall pass the decision to re-print the respective number of the ballots. Spoiled ballots shall be cancelled and packed according to the procedure envisaged by paragraph ten of Article 86 of this Law. The package shall be given the inscription: “Spoiled election ballots”. The spoiled and packaged election ballots shall be kept in the polling station election commission until the day of election and shall be transferred to the district election commission together with other election documentation according to the procedure envisaged by Article 91 of this Law.

Article 81. The Polling Station

1. Voting shall be conducted in specially allotted and arranged premises equipped with a sufficient number of booths for secret voting and with designated places for issuing election ballots and installing ballot boxes. One polling station shall be arranged in one election district. The control with the arrangement of the polling station shall rest with the polling station election commission.

2. The executive bodies of village, settlement, city (in cities, where there are no rayon-in-city councils) and rayon-in-city councils or bodies (officials) that according to the law perform duties on their behalf, shall provide the polling stations with the required premises for voting, suitable for being arranged in accordance with the requirements of this Law and the norms established by the Central Election Commission, and shall render technical assistance in arranging them.

3. The polling station for a small-size election district shall have no less than 50 sq. meters of space; for a medium-size election district – no less than 75 sq. meters, and for a large-size election district – no less than 90 sq. meters. If there are no premises with the respective space within the election district, a polling station in an election district may have less space, with the permission of the district election commission, but not less than fifty per cent of the amount of space, established by this Law.

4. The polling station must be equipped with a sufficient number of booths for secret voting. For a small-size election district the number of such booths must not be less than two, for a medium-size election district – no less than four, and for a large-size election district – no less than six polling booths. Arrangement of the equipment in the premises for voting shall be planned in such a way that the places for issuing election ballots, the entrance and exit from the booths for secret voting and the ballot boxes are within the field of vision of the members of the polling station election commission and the persons, who according to this Law have the right to be present in the premises for voting.

5. The premises for voting in a special election district must have open access for members of the election commission, candidates for deputy, authorized persons of parties (blocs), official observers and mass media representatives. The heads of the institutions and facilities, the commanders of military units (formations), where such election districts have been created, are obliged to ensure free access to the polling station for members of election commissions, voters included in the list at this election district, candidates for deputy, authorized persons of parties (blocs), official observers and mass media representatives.

6. Each election district shall be provided with the sufficient number of stationary (large) and mobile (small) ballot boxes. Ballot boxes shall be produced of transparent material of a dimension determined by the Central Election Commission. Each ballot box shall be given an individual number, which shall be attached to this box. A small-size election district must have no less than two stationary ballot boxes, a medium-size – no less than three stationary ballot boxes, and a large-size – no less than four stationary ballot boxes. Each election district shall have no less than two mobile ballot boxes. The stationary ballot boxes shall be placed in premises for voting in a way that gives voters the possibility to pass through the booths (rooms) for secret voting on their way to them. The Central Election Commission shall determine the procedure for the production, inventory, use and storage of the ballot boxes.

7. In the premises for voting or directly in front of them, the polling station election commission must display posters that explain the voting procedure and the liability for violations of the legislation for the elections of deputies, electoral lists of candidates for deputy from each party (bloc) and informational posters of parties (blocs), which shall be displayed in the order of appearance of the parties (blocs) on the election ballot.

Article 82. Preparation to Voting

1. A polling station election commission of an ordinary election district or an election district abroad shall twice inform voters included into the voter list in this district about the time and the place of voting by personal invitations, which shall be sent according to paragraph two of Article 43 of this Law.

2. On the last day prior to election day at its session the polling station election commission shall assign the polling day duties to members of the polling station election commission (with the exception of the chairperson and the secretary of the commission) as to:

1) identification of the voter and finding his/her name in the voter list;

2) issuing an election ballot to the voter;

3) monitoring of the flow of voters to and from the booths for secret voting;

4) monitoring the ballot boxes;

5) organization of the vote of voters at their place of stay;

6) monitoring the entrance and exit from the polling station.

3. On election day no earlier than forty-five minutes prior to the opening of the poll, the polling station election commission shall conduct a preparatory session. At the beginning of the session, all persons present shall check the tape sealing of the safe (metal box) where the election ballots are kept.

4. The chairman of the polling station election commission shall present all the ballot boxes available in the election district for inspection to the members of the polling station election commission, the candidates for deputy, the authorized persons of parties (blocs), the official observers and journalists present one by one, announcing the number of each ballot box. After each ballot box is inspected, it shall be plumbed off or, if this is not possible, sealed with the seal of the polling station election commission, after which a control sheet shall be inserted into every ballot box. The control sheet shall contain: the number of the territorial election constituency, the time the control sheet was inserted in the ballot box, the signatures of the members of the polling station election commission present and, upon their will, of candidates for deputy, authorized persons of parties (blocs) and official observers. The signatures shall be certified with the seal of the election commission. After the control sheet is inserted in the ballot box, the chairman of the election commission shall present the next ballot box for inspection and shall follow the same procedure with it. When the last ballot box is sealed off, the control sheet inserted into it and the stationary (large) ballot boxes installed at their designated places, the premises for voting shall be deemed ready for the conduct of voting. The mobile (small) ballot boxes shall be placed in the premises for voting with the slots for the election ballots facedown within the field of vision of the members of the election commission and other persons present in the polling station in the course of voting in accordance with requirements of this Law.

5. If it is revealed during the examination of the sealing of the safe (metal box) where the election ballots are kept that it has been damaged or the signatures or seal on it do not correspond to the signatures and seal indicated in paragraph fourteen of Article 80 of this Law, the polling station election commission shall follow the procedure envisaged by paragraph seventeen of Article 80 of this Law.

6. After examining the safe (metal box) and completing the actions (if required), indicated in paragraph seventeen of Article 80 of this Law, the chairman of the polling station election commission shall announce the following, on the basis of the act on the cancellation of absentee certificate forms indicated in paragraph thirteen of Article 42 of this Law:

1) the number of absentee certificates received by the polling station election commission;

2) the number of voters who obtained absentee certificates;

3) the number of cancelled absentee certificate [form]s.

7. The secretary of the election commission shall enter the information, envisaged by paragraph six of this Article, in the protocol of the polling station election commission on the count of votes of voters in the election district.

8. The chairman of the polling station election commission shall open the safe (metal box) with the election ballots and shall announce the number of election ballots received by the polling station election commission on the basis of the excerpt from the protocol of the district election commission on the transfer of election ballots to the polling station election commission, or the act indicated in paragraphs thirteen, seventeen or eighteen of Article 80 of this Law. The secretary of the election commission shall enter this number into the protocol of the polling station election commission on count of votes of voters in the election district and into the minutes of the session of the commission.

9. The chairperson of the polling station election commission shall hand over the required number of the election ballots to members of the polling station election commission, who will issue the election ballots to voters in the premises for voting and organize voting of voters at their place of stay. The hand-over of election ballots shall be registered by a notice according to the form established by the Central Election Commission. The said members of the commission shall certify the receipt of the election ballots by putting their signature in the notice and shall ensure their safekeeping and compliance with the procedure established by this Law for issuing them to voters. No single election ballot may be left in the safe.

10. The Chairperson of the polling station election commission shall hand over sheets of the voter list to the members of the polling station election commission, who are authorized to work with the voter list on election day. The respective members of the commission shall ensure their safekeeping and compliance with the procedure established by this Law for their use.

11. Before the voting commences, the polling station election commission shall inform the district election commission about:

1) the number of voters included into the voter list in the election district as of moment of the beginning of the poll;

2) the number of voters on the excerpt from the voter list for mobile voting;

3) the number of voters included into the voter list on the basis of absentee certificates (for polling stations designated for voting by absentee certificates).

12. The secretary of the election commission shall announce the number of voters envisaged by subparagraph 3 of paragraph eleven of this Article and enter it into the protocol on the count of votes of voters in the election district.

13. The district election commission shall transfer the mentioned information aggregated for the territorial election constituency to the Central Election Commission through the automatic information and analytical system and by telegraph (teletype) no later than at ten hours on election day. The Central Election Commission shall immediately display the mentioned information on its official website and publish them in print media on the day following their receipt.

Article 83. Organization and Procedure of Voting

1. On election day voting shall be conducted from seven to twenty-two hours without break. In polling stations abroad, voting shall be conducted according to the local time of the country where these districts are established. (Paragraph one of Article 83 with amendments made in accordance with Law N 3368-IV of 19.01.2006)

2. The responsibility for the organization of the conduct of voting, the maintenance of the necessary order in the premises for voting and the provision of secrecy of the expression of voters’ will during the vote rests with the polling station election commission. In case somebody commits an offence for which the law envisages liability, the chairperson or the deputy chairperson of the polling station election commission shall have the right to invite an officer of the internal affairs bodies to the premises for voting, who must remove the offender from the premises for voting and after this take the measures envisaged by the law against him, after which the officer shall leave the premises for voting. The presence of an officer of the internal affairs bodies in the premises for voting in other cases is prohibited.

3. During the conduct of voting in the election district, two members of the polling station election commission shall provide the voter with an opportunity to vote: one member of the polling station election commission shall hand over the voter list for signing on the condition that the voter presents one of the documents indicated in paragraph four, five or six of Article 2 of this Law, respectively, and that the voter is included on the voter list in the respective election district; another member of the polling station election commission shall enter his/her surname and set his/her signature in the designated field on the election ballot and counterfoil and enter the number under which the voter is registered in the voter list in the election district into the counterfoil. The voter shall sign for the receipt of the election ballot in the voter list and on the designated place on the counterfoil of the election ballot. After this, the member of the polling station election commission shall detach the counterfoil from the election ballot and issue the election ballot for voting. The counterfoil of the election ballot shall be kept with the member of the commission, who issued the election ballot. It is prohibited to make any other notes on the election ballots.

4. A voter may only stay in the premises for voting for the time necessary for voting.

5. The voter shall mark the election ballot personally in the booth for secret voting. The presence of other persons in the booth for secret voting during the marking of an election ballot is prohibited. A voter who cannot mark his/her election ballot on his/her own because of physical incapacity, has the right with the knowledge of the chairperson or another member of the polling station election commission to use the assistance of another person, except for a member of an election commission, a candidate for deputy, an authorized person of a party bloc) or an official observer.

6. In order to ensure voting of voters with visual impairments, the Central Election Commission shall produce stencils for election ballots (printed in Braille) in the amount of two stencils per ordinary election district. Such stencils may be produced for special polling stations upon submission of the district election commission.

7. A voter may not pass his/her election ballot to other persons. It is prohibited to receive an election ballot from other persons (except for the authorized member of the election commission who issues the ballots), and to encourage or coerce voters to pass the election ballot to other persons by bribes, threats or otherwise.

8. The voter shall make one mark “plus” (“+") or another mark that certifies the expression of his/her will on the election ballot in the square box next to the name of the party (bloc), the candidates for deputy of which he/she supports. A voter may only vote for the candidates for deputy of one party (bloc) or not support candidates for deputy from any party (bloc). The voter shall make the mark “plus” (“+”) or any other mark that certifies the expression of his/her will in the square box next to the words ”I do not support candidates from any political party or electoral bloc of political parties” if he/she does not support candidates for deputy from any party (bloc).

9. A voter shall personally cast the marked election ballot into the ballot box. A voter who cannot insert the election ballot into the ballot box because of physical incapacity shall have the right with the knowledge of the chairperson or another member of the polling station election commission to request another person, except for a member of an election commission, a candidate for deputy, an authorized person of a party (bloc) or an official observer, to do this in his/her presence.

10. In case a ballot box is damaged during voting, the chairperson and no less than three members of the polling station election commission, who represent different parties (blocs), shall seal it off in such a way that make further insertion and collection of the election ballots impossible. This ballot box shall be kept in the premises for voting in the field of vision of members of the election commission and other persons present in the election district during voting in accordance with the requirements of this Law and shall not be used till the end of the poll.

11. In case a voter made a mistake while marking the election ballot, such voter may immediately apply to the member of the election commission, who issued the election ballot to him/her, with a written request to be issued another election ballot. The member of the election commission shall issue another election ballot to such voter in accordance with the procedure determined by paragraph three of this Article, but only in exchange for the spoilt election ballot, about what the authorized member of the polling station election commission shall make a corresponding remark in the voter list against the surname of the voter, which he/she shall certify with his/her signature. The spoilt election ballot shall immediately be cancelled as unused by the member of the commission that issued it, about what an act shall be drawn up. The act shall be signed by two members of the polling station election commission, who handled the issuing of the ballot, and by the voter, who spoiled the election ballot, and shall be attached to the voter list. The spoiled and cancelled election ballot shall be counted as unused during the count of votes and shall be packed together with its counterfoil in the package with the unused election ballots.

12. At twenty-two hours, the chairman of the polling station election commission shall announce the end of the poll, after which only voters, who are in the premises for voting, shall have the right to vote. It is prohibited to continue voting after the time established by this Law. When the last voter has left the premises for voting, the premises shall be closed and only members of the polling station election commission and such persons that are entitled by this Law to attend the session the polling station election commission shall stay there. (Paragraph twelve of Article 83 with amendments made in accordance with Law N 3368-IV of 19.01.2006)

13. Immediately after the end of the poll, the polling station election commission shall transfer preliminary information to the district election commission about:

1) the number of voters included into the voter list in the election district as of the moment when the voting ended;

2) the number of voters who received election ballots in the election district as of the moment when the voting ended;

3) the number of voters who received the election ballots at their place of stay (mobile voting);

4) the number of voters who received election ballots on basis of absentee certificates (for polling stations designated for the voting by absentee certificates).

14. In polling stations created on board a vessel navigating at sea on election day under the State Flag of Ukraine or at a polar station of Ukraine, the polling station election commission may declare voting completed before the time specified by paragraph one of Article 83 of this Law, provided that all voters included into the voter list in this election district have taken part in the vote. The information envisaged by paragraph thirteen of this Article shall be sent to the district election commission by technical communication means. The count of votes in such election district shall be conducted according to the procedure established by this Law immediately after the announcement of the end of voting and the transfer of the information envisaged by paragraph thirteen of this Article.

15. The polling station election commission of an election district abroad shall transfer the preliminary information, envisaged by sub-paragraph 1, 2 and 4 of paragraph thirteen of this Article by technical communication means immediately after the end of voting.

Article 84. The Procedure for the Organization of the Voting of Voters at Their Place of Stay

1. The polling station election commission shall give a voter who is included into the voter list in the election district, but due to age, disability or state of health is unable to move independently, the opportunity to vote at the place where this voter stays.

2. In order to organize voting for voters who are unable to move on their own at their place of stay, on the last day prior to election day the polling station election commission at its session shall compile an excerpt from the voter list in the form established by the Central Election Commission. The voters included in such extract shall be notified about that no later than seven days before the election day and shall be provided with an explanation of their right to vote at their location and the possibility to decline that right no later than three days before the election day. In case the voter has refused from the given right to vote at his or her location, this voter is not included in the respective extract. In the event that voter within the fixed term has not declined the right to vote at his/her location, the electoral commission is obliged to provide voting of this voter at the place of his/her location. Immediately after its composition this extract is made available at the premises of the polling station commission for general familiarization. (Paragraph two of Article 84 supplemental paragraph together with Law No. 1114-V of 01.06.2007)

3. The following voters shall be included into the excerpt from the voter list:

1) without decision of the commission – voters who are permanently incapable of moving on their own and who are marked as such with the remark in the voter list, envisaged by paragraph five of Article 41 of this Law, if such voters by twelve o’clock on the last Saturday prior to election day have not informed the respective polling station election commission in writing or personally about their will to vote in the premises for voting;

2) at the decision of the polling station commission – voters that are not able to move on their own, on the ground of their application. The form of such application and its requirements shall be determined by the Central Electoral Commission.

(Point number two of paragraph three of Article 84 in the edition of La No 114_V of 01.06.2007)

4. When a voter is included in the excerpt from the voter list for voting at the place of stay, the secretary of the poling station election commission shall make the note “Voted at place of stay” in the voter list in the election district in the field “Voter signature”.

5. The voter mentioned in para.1 of this Article, shall submit by mail or through other people an application written by the very voter with a request to provide him/her with a possibility to vote at his/her location. This application shall be submitted to the polling station commission no later than 20.00 of the last Friday before the election day. (Paragraph five of Article 84 in edition of the Law No 1114-V of 01.06.2007)

6. The statement, envisaged by paragraph five of this Article, shall be an obligation of the voter to provide the conditions for meeting the requirements as to the procedure for voting envisaged by this Law.

(Paragraph seven of Article 84 is lifted on the basis of Law No 1114-V of 01.06.2007)

8. In special polling stations created in stationary medical institutions, the voting of a voter at his/her place of stay shall be conducted on the basis of a statement from the voter written in his own hand with a request to ensure that he/she can vote at the place of stay as he/she must comply with an order to stay in bed, which shall be certified by the leading physician, whose signature shall be certified with the seal of the institution.

9. The statement from the voter about his/her wish to vote at the place of stay shall be registered by the polling station election commission in a separate journal, where the date and time of its receipt, the name, patronymic, surname and address of the place of residence (place of location) of the voter shall be indicated. (Paragraph nine of Article 84 with amendments made in accordance with Law No 1114-V of 01.06.2007)

10. No less than three members of the polling station election commission determined by the decision of the election commission, indicated in paragraph two of Article 82 of this Law, shall organize voting of voters at their place of stay. Such members of the election commission must be representatives of different parties (blocs).

11. Voting of voters at their place of stay shall be organized in such a way that the members of the polling station election commission, who organize such voting, have returned to the premises for voting no later than one hour prior to the end of voting.

12. The chairperson of the polling station election commission shall announce that members of the polling station election commission depart for organization the voting of voters at their place of stay. The chairperson of the polling station election commission shall provide the designated members of the election commission with the excerpt from the voter list, compiled according to paragraph two of this Article, and with the sealed mobile ballot box, in which a control sheet has just been inserted. The number of the ballot box, the time of departure (hour and minutes) of the members of the election commission to organize homebound voting, the quantity of election ballots received by them and the surnames of the members of the polling station election commission who received the ballots shall be indicated in the control sheet. The control sheet shall be signed by all the members of the election commission present and, at their will, candidates for deputy, authorized persons of parties (blocs) and official observers; their signatures shall be sealed with the seal of the election commission.

13. Candidates for deputy, authorized persons of parties (blocs) and official observers shall have the right to be present during the conduct of voting of voters at their place of stay.

14. A voter or members of his/her family may not refuse members of the commission that conduct the voting, as well as official observers, candidates for deputy and authorized persons of parties (blocs) who have the right to be present during the voting, from being present during the conduct of the vote. If a voter refuses to allow the said persons into the premises, where the voter stays, he/she shall be denied the conduct of voting at his/her place of stay.

15. When organizing voting of a voter at his/her place of stay, the member of the polling station election commission shall issue an election ballot to the voter on the basis of the excerpt from the voter list and on the condition that he/she presents one of the documents indicated in paragraph four of Article 2 of this Law. When doing so, the member of the polling station election commission shall insert his/her surname and put his signature at the designated place on the election ballot and on the counterfoil of the election ballot, as well as he/she shall write the number of the voter on the voter list into the counterfoil of the election ballot. The voter shall put his signature on the counterfoil of the election ballot and in the excerpt from the voter list, mark the election ballot according to the procedure envisaged by paragraph eight of Article 83 of this Law, and cast the election ballot in the ballot box.

16. If a voter, who was included into the excerpt from the voter list for voting at place of stay, came to the polling station after the members of the polling station election commission left for organizing homebound voting, such voter may not be issued an election ballot before the members of the commission, who organize the homebound voting have returned, and the issue whether the voter has already voted at his/her place of stay or not is clarified.

17. After conducting voting of voter at their place of stay, the member of the polling station election commission who issued the election ballot to the voter shall make the note “voted at place of stay” in the voter list next to the surname of the voter, indicate his/her surname and set his/her signature.

18. The excerpt from the voter list used for the organization of the voting of voters at their place of stay shall be attached to the voter list and shall be an integral part thereof. The written statements from voters shall be attached to the voter list. (Paragraph eighteen of Article 84 with amendments made in accordance with Law No 1114_V of 01.06.2007)

19. The provisions of this Article shall not apply to polling stations abroad.

Article 85. The Final Session of the Polling Station Election Commission

1. The final session of the polling station election commission shall commence after the end of the voting of voters in the election district and the transfer of the information indicated in paragraph thirteen of Article 83 of this Law, and shall take place in the same premises where the voting was conducted. The final session shall take place without breaks and shall end after the protocol on the count of votes of voters in the election district has been completed and signed. (Paragraph one of Article 85 with amendments made in accordance with Law N 3099-IV of 17.11.2005)

2. If other elections or a referendum are held concurrently with the elections of people's deputies of Ukraine, the count of votes from these elections or the referendum shall commence after the protocol on the count of votes of voters from the elections of people's deputies of Ukraine in the election district has been completed and signed pursuant to the established procedure at the same session of the polling station election commission. The packages with the protocols and other election documentation related to the elections of people's deputies of Ukraine shall be kept in the premises, where the session is conducted until the session is over within view of the members of the polling station election commission and the persons, who are present at the session of the commission. The packages with the election documentation shall be transported according to the procedure established by Article 91 of this Law to the district election commission immediately after the respective protocols on all other elections or the referendum have been signed.

3. For the period of the final session, the polling station election commission shall entrust the keeping of the minutes of the commission to the deputy chairperson of the polling station election commission or to another member of the polling station election commission. At this session, the secretary of the polling station election commission shall enter information into the protocol on the count of votes of voters.

4. If the polling station election commission during voting receives appeals or complaints concerning violations that took place during the conduct of voting in the election district, the polling station election commission shall consider them at the beginning of the session before the beginning of the count of votes of voters in the district.

5. The count of votes of voters in the election district shall be done openly and transparently exclusively by members of the polling station election commission. The count of votes of voters in the election district shall be conducted in the consecutive order set forth in the provisions of Articles 86 though 88 of this Law.

Article 86. The Processing of the Voter Lists

1. Each member of the polling station election commission, who is responsible for work with the voter list, shall for each sheet of the voter list separately count and write down on each sheet the following information:

1) the number of voters on the list as of the moment when the voting ended;

2) the number of voters who received election ballots in the polling station (according to the signatures of voters in the voter list);

3) the number of voters who received election ballots at their place of stay (according to the note “voted at place of stay” next to their surnames).

2. After entering the information envisaged by paragraph one of this Article, the member of a polling station election commission shall sign each sheet of the voter list, sum up the respective figures from all the sheets of the voter list he/she received and submit the summarized information aggregated for all these sheets to chairperson of the election commission. The said summarized information is registered in the notice, specified in paragraph nine of Article 82 of this Law. The chairperson and the secretary of the polling station election commission shall sum up the respective figures, announce them and enter them on the last page of the voter list.

3. The voter list in the election district abroad shall after the end of voting be closed by means of crossing out the empty columns on the voter list for entering names of voters in such a manner that it will be impossible to include additional voters into the list, signed by the chairperson and the secretary of the polling station election commission and sealed with the seal of the polling station election commission.

4. The polling station election commission shall establish the number of voters in the election district on the basis of the voter list. This number shall be announced by the secretary of the election commission and entered into the protocol on the count of votes of voters in the election district.

5. The polling station election commission shall on the basis of a comparison of the voter list and the excerpt from the voter list establish the number of voters in the election district, who was included in the excerpt from the voter list for voting at place of stay. This number shall be announced by the secretary of the election commission and entered into the protocol on the count of votes of voters in the election district.

6. The polling station election commission shall count the number of voters who received election ballots in the premises for voting according to the signatures of voters in the voter list. This number shall be announced by the secretary and entered into the protocol on count of votes of voters in the election district as the number of voters who received election ballots in the premises for voting.

7. The polling station election commission shall count the number of voters who received election ballots at their places of stay according to the signatures in the excerpt from the voter list and the notes “voted at place of stay” next to their surnames. This number shall be announced by the secretary and entered into the protocol on count of votes of voters in the election district as the number of voters who received election ballots at their place of stay.

8. The polling station election commission in an election district where voting by absentee certificates took place shall count the number of voters who received election ballots on the basis of absentee certificates, according to the number of signatures in the voter list for voting by absentee certificates. This number shall be announced by the secretary and entered into the protocol on count of votes of voters in the polling station as the number of voters who received election ballots on the basis of absentee certificates.

9. The voter list, the excerpt from the voter list attached to it which was produced pursuant to paragraph two of Article 84 of this Law, the statement from voters with the copies of the respective documents, on the basis of which the excerpt from the voter list was compiled, the voter list for voting by absentee certificate and the absentee certificates, on the basis of which voters were included into the voter list in polling stations abroad, according to paragraph nine of Article 47 of this Law, shall be packed in accordance with the procedure established by paragraph ten of this Article. The package shall bear the inscription “Voter List”.

10. The polling station election commission shall pack the processed election documents in paper packages. The package with the election documents shall be glued and given an inscription that indicates the type of the packed documents, as well as an indication of the number of the territorial election constituency or indicating the out-of-country election constituency, the number of the election district the date and time of packing, all present members of the polling station election commission shall put their signatures and seal it with the seal of the polling station election commission.

Article 87. Processing Unused Election ballots and Counterfoils

1. It is prohibited for members of the polling station election commission, except for the chairperson, the deputy chairperson or another member of the commission, who keeps the minutes of the session of the commission, as well as secretary of the commission, who enters information into the protocol on the count of the votes of voters in the election district, to use pens or any other writing tools from the moment they begin their work with the election ballots during the count of votes.

2. The members of the polling station election commission who received election ballots pursuant to paragraph nine of Article 82 of this Law shall one by one publicly count the unused election ballots that remain with them.

3. The sum of the number of election ballots issued to voters by the said member of the polling station election commission (according to the number of signatures of voters on the respective sheets of the voter list, indicated in sub-paragraph 2 or paragraph one of Article 86 of this Law), and the number of election ballots that remained unused with this member of the polling station election commission must equal the number of election ballots received by this member of the commission pursuant to the notice on the hand-over of election ballots indicated in paragraph nine of Article 82 of this Law. If these numbers coincide, the member of the polling station election commission shall pass the counted unused ballots to the chairperson of the polling station election commission. The chairperson of the election commission shall indicate the number of unused election ballots returned by the member of the commission in the notice on the hand-over of election ballots.

4. If the numbers indicated in paragraph three of this Article do not coincide, the polling station election commission shall complete an act according to the procedure, envisaged by paragraph eight of Article 35 of this Law, indicating the likely reason to such discrepancy.

5. The chairperson of the polling station election commission shall sum up the number of unused election ballots and announce it. The secretary of the polling station election commission shall enter the announced number of unused ballots into the protocol on the count of votes of voters in the election district.

6. If necessary or upon the request of members of the commission, the unused election ballots may be recounted. The count of the ballots shall be conducted according to the procedure established by paragraph twelve of Article 80 of this Law.

7. The unused election ballots shall be cancelled by means of cutting off the right bottom corner of the election ballot. The cancelled unused election ballots together with the election ballots indicated in paragraph eleven of Article 83 of this Law shall be packed according to the procedure stipulated by paragraph ten of Article 86 of this Law. The package shall bear the inscription “Unused election ballots”.

8. Members of the polling station election commission who issued election ballots to voters shall one by one publicly count the available counterfoils of issued election ballots. The member of the polling station election commission shall pass the counted counterfoils of issued election ballots to the chairperson of the polling station election commission. The chairperson of the polling station election commission shall indicate the number of counterfoils of issued election ballots established by each member of the commission in the notice on the hand-over of election ballots.

9. The chairperson of the commission shall sum up the total number of counterfoils of issued election ballots and announce it.

10. The polling station election commission shall check whether the total number of counterfoils of the issued election ballots, indicated in paragraph nine of this Article, equals the sum of the numbers indicated in paragraph six and seven (for polling stations where voting by absentee certificates was conducted – also paragraph eight) of Article 86 of this Law.

11. If necessary or upon the request from members of the polling station election commission the counterfoils of issued election ballots may be recounted. The count of counterfoils counting of issued election ballots shall be conducted according to the procedure established by paragraph twelve of Article 80 of this Law.

12. If the numbers indicted in paragraph ten of this Article coincide, the chairperson of the polling station election commission shall announce them as the number of voters who received election ballot in the election district. The secretary of the polling station election commission shall enter this number into the protocol on the count of votes of voters in the election district.

13. If the numbers indicated in paragraph ten of this Article do not coincide, the polling station election commission shall complete an act according to the procedure envisaged by paragraph eight of Article 35 of this Law. Having done so, the election commission shall pass a decision as to establish the number of voters who received election ballots. This number shall be announced and entered into the protocol on the count of votes of voters in the election district.

14. The counterfoils of issued election ballots shall be packed in accordance with the procedure established by paragraph ten of Article 86 of this Law. The package shall bear the inscription “Counterfoils”.

15. The polling station election commission shall check whether the number of election ballots received by the polling station election commission equals the sum of the numbers of unused election ballots and spoiled election ballots, envisaged by paragraph nineteen of Article 80 of this Law, and the number of voters who received election ballots. If these numbers do not coincide, the polling station election commission shall complete an act according to the procedure envisaged by paragraph eight of Article 35 of this Law indicating the reason to such discrepancy established by a decision of the commission. (Paragraph 15 of Article 87 with amendments made in accordance with Law N 3437-IV of 09.02.2006)

Article 88. The Procedure for the Opening of Boxes and the Count of Ballots

1. After having completed the actions envisaged by Article 87 of this Law, the polling station election commission shall check the integrity of the seals on the ballot boxes.

2. If the seals on the ballot boxes are found to be damaged or other damages that violate the integrity of the ballot box are revealed, the polling station election commission shall complete an act according to the procedure envisaged by paragraph eight of Article 35 of this Law indicating the nature of the revealed damage.

3. The polling station election commission shall open the ballot boxes in turns. Ballot boxes used for mobile voting shall be opened first, and ballot boxes with damaged seals or other damages established in the course of voting, if any, shall be opened last.

4. When an intact ballot box is opened, its contents shall be emptied on the table, around which the members of the polling station election commission are placed. During this, the presence in the ballot box of the control sheet shall be checked (for the mobile ballot boxes – control sheets).

5. Election ballots from a damaged ballot box shall be taken out one by one without mixing them. The polling station election commission shall count the number of election ballots that were found in this ballot box. The presence in this ballot box of the control sheet, which must be taken out of the box last, shall also be checked.

6. The total number of election ballots in each ballot box shall be counted separately. The result of the voting shall not be determined for each ballot box separately. The count of election ballots shall be conducted according to the procedure established by paragraph twelve of Article 80 of this Law.

7. All objects other than election ballots of the established form found in the ballot boxes shall be put aside and not counted. Control sheets shall also be considered objects. In case of doubt whether an object is an election ballot or not, the polling station election commission shall decide on it by a vote. In this connection, every member of the election commission member shall have the right to examine the object personally. For the time of the examination, the counting of election ballots shall stop. Objects that are not election ballots shall be packed pursuant to the procedure indicated in paragraph ten of Article 86 of this Law. The package shall bear the inscription “Objects”.

8. If the number of election ballots found in a mobile ballot box when opened exceeds the number of election ballots indicated in the control sheet in this ballot box, the polling station election commission shall complete an Act according to the procedure and in the form envisaged by paragraph eight of Article 35 of this Law on the discrepancy, in which shall be indicated the number of election ballots found in this box and the surnames of the members of the polling station election commission whose signature are on the said election ballots.

9. When completing the act, indicated in paragraph eight of this Article, the commission shall check whether the election ballots found in the mobile ballot box bear the numbers of the respective territorial election constituency and the respective election district and the imprint of the seal of the respective polling station election commission, have an indication of the surnames and contain the signatures of the members of the respective polling station election commission who conducted voting of voters at their place of stay. Election ballots with inadequate indicators shall not count during the determination of the total number of voters who took part in the vote and during the count of votes of voters. If the discrepancy indicated in paragraph eight of this Article was eliminated after such ballots have been removed from the election ballots, the election ballots with the adequate indicators shall count when determining, during the vote count, of the total number of voters who took part in the voting and in the count of votes of voters in the election district. If no ballots with inadequate indicators were revealed or the discrepancy, indicated in paragraph eight of this Article, was not eliminated by separating them from the election ballots that shall count, then all election ballots from the mobile ballot box shall not count when determining the total number of voters who took part in the vote, and in the count of votes of voters.

10. If the control sheet is missing in a ballot box (in a mobile ballot box – control sheets), the polling station election commission shall complete an Act in the form and according to the procedure, envisaged by paragraph 8 of Article 35 of this Law, on the absence in the ballot box of control paper(s), in which the number of election ballots found in this ballot box shall be indicated. The mentioned election ballots shall not count when determining the total number of voters, who took part in the vote, and in the count of votes of voters.

11. If members of the commission should have doubts as to the authenticity of a control sheet and in other doubtful situations in cases, indicated in paragraph eight and ten of this Article, the polling station election commission shall vote to pass a decision to declare the election ballots found in the ballot box as such that shall not count when determining the total number of voters, who took part in the vote, and in the count of the votes of voters. The respective decision and the results of vote shall be registered in the minutes of the session of the commission.

12. The number of election ballots in each ballot box, except for objects and election ballots that do not count, and the number of the respective ballot box shall be announced and entered into the protocol on the count of votes of voters in the election district. After the opening of the last box, the total number of ballot papers in the boxes shall be summed up. The number of election ballots established as a result of the count shall be the number of voters who took part in the voting. This number shall be announced by the chairperson of the polling station election commission and entered into the protocol on the count of votes of voters in the election district by the secretary of the polling station election commission.

13. Election ballots found in the ballot boxes that bear numbers of a territorial election constituency and (or) an election district that do not correspond to the numbers of the respective election district or the respective territorial election constituency, as well as election ballots that have no imprint of the seal of the polling station election commission or contain the seal of another election commission or any other seal shall be considered as such that shall not count when determining the total number of voters who took part in the vote, and in the count of the votes of voters.

14. Election ballots that according to paragraph nine, ten, eleven and thirteen of this Article shall not count when determining the total number of voters who took part in the vote, and in the count of the votes of voters, shall be counted and entered into the protocol on the count of the votes of voters in the election district and packed according to the procedure established in paragraph ten of Article 86 of this Law. The package shall bear the inscription “Election ballots that shall not count”.

15. Election ballots that are to be counted shall be sorted according to places marked with special plates, which on both sides contain the name of the parties (blocs) that are indicated in the election ballot, the inscriptions “invalid” and “against all”. When sorting the election ballots, the member of the polling station election commission designated by the polling station election commission shall show each election ballot to all members of the election commission while announcing the result of the will of the voter. In case members of the commission have doubt as to the content of an election ballot, the election commission shall vote to resolve the issue. At that, every member of the election commission shall have the right to examine the election ballot personally. For the time of examination, the work with other election ballots shall be stopped.

16. Election ballot shall be deemed invalid, if:

1) it is missing the surname and (or) the signature of the member of the polling station election commission, who issued it, or contains a signature of a person, who never issued election ballots in this election district;

2) the circumstances indicated in paragraph ten of Article 79 of this Law occur;

3) there is more than one mark opposite names of parties (blocs);

4) it has not been marked;

5) the counterfoil has not been cut off;

6) it is impossible for other reasons to determine the content of the will of a voter.

17. If members of the polling station election commission should have any doubts about the validity of an election ballot, the polling station election commission shall resolve the issue by taking a vote on the issue. Before voting, every member of the election commission shall have the right to examine the election ballot personally. For the time of examination of the election ballot and the vote on it, the count of other election ballots shall stop. The respective decision and the results of the vote shall be registered in the minutes of the session of the polling station election commission.

18. Invalid election ballots shall be counted separately according to the procedure established by paragraph twelve of Article 80 of this Law. This number shall be announced by the chairperson of the polling station election commission and entered into the protocol on the count of the votes of voters in the election district by the secretary of the commission. Invalid election ballots shall be packed according to the procedure established by paragraph ten of Article 86 of this Law. The package shall bear the inscription “Invalid election ballots”.

19. The polling station election commission shall count the number of votes of voters, cast for candidates for deputy included in the electoral list of each party (bloc), as well as the number of votes of voters that did not support candidates for deputy from any party (bloc). During the count of votes every member of the election commission shall have the right to check or check-count the respective election ballots. The results of the count of votes of voters in the election district shall be announced by the chairperson of the commission and entered into the protocol on the count of votes of voters in the election district by the secretary of the election commission.

20. The polling station election commission shall be obliged, when counting the votes of voters in the election district, to check whether the number of voters who took part in the voting in the election district equals the sum of the numbers of invalid election ballots, election ballots with votes cast for candidates for deputy included into the electoral list of each party (bloc) and the election ballots with the votes of voters, who did not support candidates for deputy from any party (bloc) In case of a discrepancy between these figure, the polling station election commission may recount the election ballots. If the said discrepancy is confirmed, the polling station election commission shall complete an act in the form and according to the procedure envisaged by paragraph eight of Article 35 of this Law indicating the reason to such discrepancy established by a decision of the election commission.

21. Election ballots with voters of voters cast for candidates for deputy included into an electoral list of each parties (bloc), and the election ballots with votes of voters, who did not support candidates for deputy from any party (bloc) shall be packed separately according to the procedure established by paragraph ten of Article 86 of this Law. The packages shall bear inscriptions indicating the name of the respective party (bloc) and “Did not support candidates from any party (bloc)”.

Article 89. The Protocol of the Polling Station Election Commission on the Count of Votes of Voters in the Election District

1. The polling station election commission shall complete a protocol on the count of votes of voters in the election district at its session. The Central Election Commission shall approve the design of the form of the protocol of the polling station election commission on the count of votes of voters in the election district no later than thirty-two days prior to election day. The forms of the protocol of the polling station election commission shall be numbered by the producing enterprise. The Central Election Commission shall ensure the production of the forms of the protocol of the polling station election commission on the count of votes of voters in the election district for each election district in the amount of 100 copies, according to the procedure and within the terms determined by Article 79 of this Law for the production of election ballots. The forms of the protocol of the polling station election commission on the count of votes of voters in the election district shall be transferred to the election commissions together with the election ballots according to the procedure and with the terms determined by Article 80 of this Law.

2. The following information shall be entered into the protocol of the polling station election commission on the count of votes of voters in the election district in figures and in words:

1) the number of election ballots received by the polling station election commission;

2) the number of election ballots produced by the polling station election commission;

3) the number of unused election ballots;

4) the number of spoiled election ballots;

5) the number of voters included in the voter list in the election district (as of the time of the end of voting);

6) the number of voters included into the excerpt from the voter list in the election district for voting at the place of stay;

7) the number of voters included into the voter list for voting by absentee certificates;

8) the number of voters who received election ballots in the polling station;

9) the number of voters who received election ballots at their place of stay;

10) the number of voters who received election ballots on the basis of absentee certificates;

11) the aggregated number of voters, who received election ballots in the election district;

12) the number of election ballots found in each ballot box (indicating the number of the box);

13) the number of election ballots that do not count;

14) the number of voters who took part in the voting in the premises for voting;

15) the number of voters who took part in the voting at their place of stay;

16) the number of voters, who took part in the voting in the election district;

17) the number of election ballots declared invalid;

18) the number of votes of voters cast for the candidates for deputy included in the electoral lists of each party (bloc);

19) the number of voters who did not support candidates for deputy from any party (bloc);

20) the number of absentee certificate forms received by the polling station election commission;

21) the number of voters, who received absentee certificates;

22) the number of cancelled absentee certificates. (Paragraph two of Article 89 with amendments made in accordance with Law N 3437-IV of 09.02.2006)

3. The polling station election commission shall complete the protocol on the count of votes of voters in the election district in a number of copies that exceeds by four the number of persons that are included in the membership of the polling station election commission. The copies of the protocol shall be numbered and have equal legal force.

4. The protocol on the count of votes of voters in the election district shall indicate the date and time (hour and minutes) when it was signed by the members of the polling station election commission. The chairperson, deputy chairperson and the secretary and other members of the polling station election commission, who are present at the session of the election commission, shall sign each copy of the protocol. A member of the polling station election commission who is present at the session of the polling station election commission, is obliged to sign the protocol on the count of the votes of voters in the election district. In case a member of the commission disagrees with the results of the count of votes registered in the protocol of the commission, he/she shall sign a protocol with the remark “With a dissenting opinion”. The written outline of the dissenting opinion shall be attached to the protocol on the count of votes of voters in the election district. In case the signature of a member of the polling station election commission in the protocol on the count of votes of voters in the election district, the reason to the absence of the signature shall be indicated next to his/her surname. The protocol shall only be signed and certified with the seal of the polling station election commission after its final completion.

5. Candidates for deputy, authorized persons of parties (blocs) and official observers, who were present at the session of the polling station election commission during the count of votes of voters shall have the right to sign the first and the second copies of the protocol on the count of votes of voters in the election district.

6. It is prohibited to complete the protocol on the count of votes of voters in the election district in pencil, as well as to enter any corrections to it without a respective decision of the polling station election commission.

7. If the polling station election commission, after having signed the protocol on the count of votes of voters in the election district, but before this protocol is sent to the district election commission together with the election documentation, detects inaccuracies in it (a clerical error or a mistake in figures), it shall at the same session consider the issue to introduce changes to the established results of the voting in the election district by means of completing a new protocol on the count of votes of voters in the election district eliminating the inaccuracies, which shall be marked “Amended”. No recount of the election ballots shall be carried out at this point. A protocol marked “Amended” shall be completed in the number of copies indicated in paragraph three of this Article and signed according to the procedure established by paragraph four of this Article. The completion of a protocol marked “Amended” shall be indicated in the minutes of the session of the polling station election commission.

8. The first and the second copies of the protocol of the polling station election commission on the count of votes of voters in the election district and – if available – the respective copies of the protocol marked “Amended” shall be packed in a package with a special protection system according to the procedure established by paragraph ten of Article 86 of this Law. The package shall bear the inscription “Protocol on the Count of Votes”. The secretary of the polling station election commission shall keep the third copy of the protocol of polling station election commission on the count of votes of voters in the election district (a protocol marked “Amended”), the fourth copy of the said protocol shall immediately be posted for public familiarization in the premises of the polling station election commission, while the rest shall be issued to members of the polling station election commission – one copy of the protocol each.

9. Candidates for deputy, authorized persons of parties (blocs) and official observers, who were present during the count of votes in the election district, shall upon their request immediately be issued a copy of the protocol on the count of votes of voters in the election district, including the protocol marked “Amended”, which shall be certified by the chairperson and the secretary of the polling station election commission and sealed with the seal of the election commission stamp in the amount of no more than one copy of the protocol to each party (bloc).

10. An act shall be completed in the form established by the Central Election Commission on the issuing of the copies of the protocol on the count of votes of voters in the election district. A list of persons who received copies of the respective protocol, the number of the copy and the date and time of the receipt of these copies shall be indicated in the act and these persons shall set their signatures in it. The act shall be signed by the chairperson and secretary of the polling station election commission and sealed with the seal of the polling station election commission. The act shall be packaged in the packet together with the first and the second copies of the protocol of the polling station election commission on the count of votes of voters in the election district.

11. The packages with the protocols of the polling station election commission on the count of votes of voters in the election district, election ballots, counterfoils and objects, voter lists and, if available, dissenting opinions of members of the election commission outlined in written form, acts, appeals, complaints and the decisions passed by the election commission shall be transferred to the district election commission immediately after the end of the session of the election commission.

Article 90. Declaring the Voting in the Election District Invalid by the Polling Station Election Commission

1. The polling station election commission may only declare voting in the election district invalid in case it establishes that violations of the requirements of this Law have taken place that makes it impossible with certainty to determine the result of the expression of the will of voters, under the following circumstances:

1) detection of instances of illegal voting (casting an election ballot in the ballot box on behalf of another person, except for cases envisaged by paragraph nine of Article 83 of this Law; voting by persons who are not entitled to vote; voting by persons who are not included in the voter list in the election district or have been added to it without due ground; multiple voting by a voter) in an amount that exceeds ten per cent of the number of voters, who received election ballots in the election district;

2) destruction of or damages to the ballot box (boxes) that makes it impossible to determine the content of the election ballots if the number of these ballots exceeds twenty per cent of the number of voters who received election ballots in the election district; (Point two of paragraph one of Article 90 with amendments made in accordance with Law No 1114-V of 01.06.2007)

3) detection of election ballots in the ballot boxes in an amount that exceeds ten per cent of the number of voters who received election ballots in the election district.

(Paragraph one of Article 90 with amendments made in accordance with Law No 3519-IV of 14.03.2006)

2. In case any of the circumstances indicated in paragraph one of this Article occur, the polling station election commission shall complete an act in each case in the form and according to the procedure envisaged by paragraph eight of Article 35 of this Law. Such act (acts) shall be the basis for the polling station election commission to consider the issue to declare the voting in the election district invalid.

3. If the polling station election commission passes a decision to declare the voting in the election district invalid all election ballots found in the ballot boxes in this election district shall be regarded such that do not count. In such case, the protocol of the polling station election commission on the count of votes of voters in the election district must only contain the information indicated in sub-paragraph 1-13, 16, 20-22 of paragraph two of Article 89 of this Law. The fields for other information shall be crossed out. The polling station election commission shall complete the protocol on the count of votes of voters in the election district according to the procedure established by Article 89 of this Law. (Paragraph three of Article 90 with amendments made in accordance with Law N 3437-IV of 09.02.2006, N 3519-IV of 14.03.2006)

4. In case a decision to declare the voting in the election district invalid is taken, the unused election ballots shall be packed according to the procedure established by paragraph ten of Article 86 of this Law. The package shall bear the inscription “Election ballots”.

5. The decision of the polling station election commission to declare the voting in the election district invalid and the act (acts), on the basis of which the decision was passed, shall be attached to the protocol on the count of votes of voters in the polling station, packed and transported to the district election commission pursuant to the procedure established by this Law.

Article 91. The Procedure for the Transportation and Submission of Election Documents to the District Election Commission

1. The transportation of the election documents, indicated in paragraph eleven of Article 89 of this Law shall be carried out by members of the polling station election commission of an ordinary or special election district (except for special polling stations polling stations created on board vessels navigating at under the State Flag of Ukraine on election day or at Ukrainian polar station), who are representatives of three different parties (blocs), that is: the chairperson or the deputy chairperson of the polling station election commission and two members of this election commission, who are representatives of the two other parties (blocs) that received the largest number of votes cast in the election district. It is mandatory that an officer of the internal affairs bodies, who must provide security during the transportation, shall accompany them. Other members of the polling station election commission, candidates for deputy, authorized persons of parties (blocs) and official observers may also accompany the transportation of documents, if they should wish to do so. It is prohibited for other persons to accompany the transportation of election documents.

2. It is prohibited to break the seals on the packages with the election ballots and the other election documentation during the transportation of election documents.

3. If other elections or a referendum are held concurrently with the elections of people's deputies of Ukraine, the election documentation from these elections or the referendum shall be transported to the respective district or territorial election commission by the members of the polling station election commission, who do not take part in the transportation of election documentation from the elections of people's deputies of Ukraine, in accordance with paragraph one of this Article.

4. The secretary of the polling station election commission and the other members of the commission who do not accompany the transportation of election documents to the district election commission shall remain in the premises of the polling station election commission until they receive the notification that the protocol on the count of votes of voters in the election district has been received by the district election commission. During the transportation of the election documentation, the seal of the polling station election commission shall be kept in a safe (metal box) in the premises of the polling station election commission.

5. The protocol on count of votes of voters in the ordinary or special election district (except for special polling stations created on board vessels navigating at sea under the State Flag of Ukraine on election day or at a polar station of Ukraine) and the other election documents of the polling station election commission shall be transferred to the respective district election commission at its session according to the procedure established in Article 92 of this Law.

6. The content of the protocol on the count of votes of voters in an election district abroad, as well as in a special election district created on board a vessel navigating at sea under the State Flag of Ukraine on election day or at polar station of Ukraine, shall after it has been signed by members of the polling station election commission immediately be transferred by the polling station election commission by technical communication means to the Central Election Commission (through the Ministry of Foreign Affairs) or to the respective district election commission, with a mandatory later delivery to it of the first and the second hard copies of the protocol on the count of votes of voters in the election district, according to the procedure established by the Central Election Commission. The other election documents indicated in paragraph eleven of Article 89 of this Law shall be attached to the protocols.

Article 92. The Procedure for Receiving and Considering the Documents of Polling Station Election Commissions by the District Election Commission

1. From the moment the voting ends, the district election commission shall begin its session, which shall commence without interruption until the results of the vote in the territorial election constituency have been established. Members of the district election commission may not be engaged to carry out other functions during this time besides participation in the session of the election commission.

2. The district election commission shall process the information specified in paragraph thirteen of Article 83 of this Law, and pass such information for the whole territorial election constituency to the Central Election Commission through the automatic informational and analytical system and by telegraph (teletype) no later than at 24 hours on election day. The Central Election Commission shall publish the said information in print mass media on the following day after its receipt, a well as immediately – on the official website of the Central Election Commission. (Paragraph two of Article 92 with amendments made in accordance with Law N 3368-IV of 19.01.2006)

3. The session of the district election commission, indicated in paragraph one of this Article, shall produce minutes of the uninterrupted session, which shall be signed by the chairperson or the person presiding over the session, as well as by the secretary of the election commission or the commission member who at the said session acted as secretary. The dissenting opinion of members of the district election commission, who took part in the session but disagreed with the decision taken by the election commission, shall be attached to the minutes

4. At the session of the district election commission indicated in paragraph one of this Article, the chairman of the district election commission shall receive the sealed packages with the protocols of the polling station election commissions, he/she shall unseal them and announce the content of the protocols of the polling station election commissions on the count of votes of voters in the respective polling stations, as well as receive the sealed packages with the other election documents envisaged by paragraph eleven of Article 89 of this Law. The time, when the district election commission received the protocol of the polling station election commission on the count of votes of voters in the election district, the list of received election documents and the information from the protocol on the count of votes of voters in the election district shall be registered in the minutes of the session of the district election commission.

5. When receiving the documents of a polling station election commission, the district election commission shall check the completeness of the documents and the integrity of the packaging of all the packages with election documents. Doing so, each member of the commission shall have the right to examine each package with documents. If the election documents are full and complete and the integrity of the packaging of all packages is intact, the package with the protocol on the count of votes of voters in the election district shall be opened and the information indicated in it shall be announced. On the basis of the results of the consideration of the documents of the polling station election commission and of the complaints about violations of the requirements of this Law that took place during the conduct of voting and the count of votes in the election district, as well as during the transportation of the election documents to the district election commission, that have arrived to the district election commission at the time of the reception of the documents of the polling station election commission, the district election commission shall adopt one of the following decisions:

1) to accept the election documents from the polling station election commission and count the information from the protocol on the count of votes of voters in the election district when establishing the result of voting results within the territorial election constituency;

2) to reject the election documents from the polling station election commission and obligate the polling station election commission to correct the detected shortcomings;

3) to conduct a repeat count of votes in the election district pursuant to the procedure established by this Law.

6. The decision, envisaged by paragraph five of this Article, shall be adopted in a vote by all members of the district election commission with a majority of the total membership of the commission and shall be registered in the minutes of the session of the district election commission.

7. The district election commission shall consider the protocol of the polling station election commission on the count of votes of voters in the election district after it has been announced. If the district election commission reveals corrections, mistakes or inaccuracies in the protocol of the polling station election commission on the count of votes in the election district, it may by its decision oblige the polling station election commission to enter changes into the established results of the voting of voters in the election district in accordance with the requirements of paragraph seven of Article 89 of this Law, an indication of what shall be made in the minutes of the session of the district election commission. During the time when the polling station election commission considers this issue, the copies of the protocol on the count of the votes of voter in the election district submitted to the district election commission and the documents attached to it shall be kept in the district election commission.

8. The polling station election commission must consider the issue about entering changes to the protocol without a recount of election ballots within the terms determined by a district election commission. A protocol marked “Amended” shall be transported to the district election commission according to the procedure established by Article 91 of this Law. The time when the district election commission received the protocol of the polling station election commission marked “Amended” and the information entered into it shall be registered in the minute of the session of the district election commission.

9. If there are complaints supported by duly completed acts drawn up by candidates for deputy, authorized persons of parties (blocs), official observers or voters on violations of the requirements of this Law committed during the conduct of the vote and/or the count of votes of voters in the election district that call in question the results of the vote count in this election district, as well as if the persons indicated in paragraph one of Article 91 of this Law, have completed an act or a written complaint about the violations of the requirements of this Law during the transportation of the protocol on the count of votes of voters in the election district and other documents, the district election commission may pass to conduct a repeat count of the votes of voters in the election district.

10. If it is impossible to eliminate the inaccuracies in the protocol of the polling station election commission without a recount of ballots, as well as if there are signs at hand that the packages with the packed documents of the polling station election commission have been unsealed, the district election commission is obliged to pass a decision about a repeat count of the votes of voters in this election district.

11. The protocols on the count of votes of voters in the election district and the sealed packages with other election documents of the polling station election commission shall be stored in the premises where the session of the district election commission takes place until the conduct of the repeat count of votes of voters in the election district.

12. The repeat count of votes of voters in the election district shall be carried out by the district election commission with the mandatory participation of the members of the polling station election commission who transfer the election documentation after having considered and accepted the protocols and other documents from all polling station election commissions. All members of polling station election commission, as well as candidates for deputy, authorized persons from parties (blocs) and official observers have the right to take part in the repeat count of votes of voters in this election district by the district election commission.

13. The district election commission shall complete a protocol on the repeat count of votes of voters in the election district on the basis of the results of the repeat count of the votes of voters in the respective election district according to the form established by the Central Election Commission, which must contain the information envisaged by paragraph two (except sub-paragraph 12) of Article 89 of this Law.

14. The district election commission shall complete the protocol on the repeat count of votes of voters in the respective election district in a number of copies, which exceeds the number of members of the district election commission by four. The copies of the protocol shall be numbered and have equal legal force. All copies of the protocol shall be signed by the present members of the district election commission and the members of the polling station election commission, who participated in the repeat count of votes of voters in the respective election district, and shall be certified with the seal of the district election commission. The information of the protocol shall be announced in the process of its compilation according to the procedure envisaged by Article 86–88 of this Law. Candidates for deputy, authorized persons of parties (blocs) and official observers who were present during the repeat count of votes of voters shall have the right to sign the first and the second copies of each protocol.

15. The district election commission may only pass a decision to declare voting in the election district invalid:

1) if the circumstances indicated in paragraph one of Article 90 of this Law were revealed during the repeat count of votes of voters in the respective election district;

2) finding of the facts of a deliberate impeding of the fulfillment of the powers by the members of the electoral commissions during the day before the election day, on the election day or vote count, deliberate unlawful expulsion from the voting premises or premises where the calculation of the votes takes place of the official observers from the parties (blocs) - subjects of the electoral process, which are entitled to be present in the mentioned premises as well as unlawful non-admission of the indicated official observers to the premises where the voting or vote count takes place. (Sub-paragraph two of paragraph eight of Article 92 with amendments made in accordance with Law No 1114-V of 01.06.2007)

16. If voting in the election district was declared invalid during the repeat count of votes all election ballots used for voting in the respective election district shall be regarded such that do not count. In such case, the protocol of the district election commission on the repeat count of votes of voters in this election district shall be compiled according to the procedure established by paragraphs thirteen and fourteen of this Article and shall only contain the information indicated in sub-paragraph 1-13, 16 and 20-22 of paragraph two of Article 89 of this Law. The places of all other information shall be crossed out. (Paragraph sixteen of Article 92 with amendments made in accordance with Law N 3437-IV of 09.02.2006, N 3519-IV of 14.03.2006)

17. The first copy of the protocol of the district election commission on the repeat count of votes of voters in the election district together with the respective protocol of the polling station election commission on the count of votes of voters in the election district, the decision of the district election commission to declare voting in this election district invalid shall be attached to the protocol of the district election commission on the results of the vote in the respective territorial election constituency. The secretary of the district election commission shall keep the second copy of the protocol of the district election commission on the repeat count of votes of voters in the election district, the third shall be transferred to the respective polling station election commission, the fourth shall immediately be posted in the premises of the district election commission for general familiarization, while the rest shall be given to members of the district election commission – one for each member.

Article 93. Establishing the Results of the Vote within the Territorial Election Constituency

1. After the district election commission has received and considered the protocols polling station election commissions on the count of votes of voters in polling stations, including those marked “Amended,” on the basis of the protocols of polling station election commissions on the count of votes of voters in polling stations and the notifications about the content of such protocols of polling station election commissions transmitted by technical communication means from special polling stations created on board vessels navigating at sea under the State Flag of Ukraine on election day or at a polar station of Ukraine, and – in case of a repeat count of votes of voters – also the protocol of the district election commission on the repeat count of votes of voters in the respective election district, the district election commission shall establish:

1) the number of election ballots received by the district election commission;

2) the number of election ballots cancelled by the district election commission;

3) the number of election ballots received by polling station election commissions of the territorial election constituency;

4) the number of election ballots produced by polling station election commissions of the territorial election constituency;

5) the number of unused election ballots cancelled by polling station election commissions of the territorial election constituency;

6) the number of spoiled election ballots in polling stations of the territorial election constituency;

7) the total number of voters included in voter lists in polling stations of the territorial election constituency;

8) the number of voters included in the excerpts from voter lists in election precincts of the territorial election constituency;

9) the number of voters included in the voter lists for voting by absentee certificates in the territorial election constituency;

10) the number of voters who received election ballots in the polling station;

11) the number of voters who received election ballots at their place of stay;

12) the number of voters who received election ballots on the basis of absentee certificates;

13) the number of voters who received election ballots within the territorial election constituency;

14) the number of voters who took part in voting in the premises for voting;

15) the number of voters who took part in voting at their place of stay;

16) the number of election ballots that do no count discovered in polling stations of the territorial election constituency;

17) the total number of voters who took part in voting within the territorial election constituency;

18) the number of election ballots declared invalid;

19) the number of votes of voters cast for candidates for deputy from each party (bloc);

20) the number of voters who did not support candidates for deputy from any party (bloc);

21) the number of absentee certificate forms received by polling station election commissions of the territorial election constituency;

22) the number of voters who received absentee certificates within the territorial election constituency;

23) the number of unused absentee certificate forms cancelled by the district election commission;

24) the number of unused absentee certificate forms cancelled by polling station election commissions;

25) the total number of unused absentee certificate forms within the territorial election constituency.

2. The information on the results of the vote within the territorial election constituency shall be entered in the protocol of the district election commission on the results of the vote within the territorial election constituency in figures and in words. The information, specified in sub-paragraph 3-21 of paragraph one of this Article, shall be entered in the protocol in figures for each election district that are part of the territorial election constituency, as well as aggregated in figures and in words for the whole territorial election constituency.

3. The district election commission shall complete the protocol on the results of the vote within the territorial election constituency in an amount of copies that shall exceed the number of persons in the membership of the district election commission by three. The copies of the protocol shall be numbered and have equal legal force.

4. It is prohibited to complete the protocol on the results of the vote within the territorial election constituency in pencil, as well as to sign it and certify it with the seal of the district election commission before it has been fully completed.

5. The protocol on the results of the vote within the territorial election constituency shall be signed by the chairperson, the deputy chairperson and the secretary and other members of the district election commission, who are present at the session of the election commission, and certified with the seal of the district election commission. The date and time (hour and minutes) when the members of the district election commission sign the protocol shall be indicated in it. A member of the district election commission who is present at the session is obliged to sign the protocol on the results of the vote. If a commission member does not agree with the established results of the vote recorded in the protocol of the commission, he/she shall sign a protocol marked “With a dissenting opinion.” A written outline of the dissenting opinion shall be attached to the protocol on the results of the vote. If a signature of a member of the district election commission is absent in the protocol, the reason for the absence of the signature shall be indicated next to his/her surname. Candidates for deputy, authorized persons of parties (blocs) and official observers who were present during the tabulation of the results of the vote within the territorial election constituency, shall have the right to sign the first copy of the protocol.

6. If the district election commission detects inaccuracies in the protocol on the results of the vote within the territorial election constituency (a clerical error or a mistake in figures) after having signed it, but before sending it to the Central Election Commission, it shall consider the issue to introduce changes to the results of the vote within the territorial election constituency at the same session by means of completing a new protocol, which shall be marked “Amended.” The protocol marked “Amended” shall be completed according to the procedure and in the number of copies established by this paragraph. It is not allowed for the district election commission to complete a protocol marked “Amended” at another session of the commission except on the order of the Central Election Commission.

7. The first copy of a protocol of the district election commission on the result of the vote within the territorial election constituency, and, if available, – the first copy of the protocol marked “Amended” – shall be packed in a package with a special system of protection according to the procedure established by paragraph ten of Article 86 of this Law. The package shall bear the inscription “Protocol on the results of the vote”.

8. The district election commission shall transport the first copy of the protocol of the district election commission on the results of the vote within the territorial election constituency to the Central Election Commission, and, if changes were entered into this protocol, – also the protocol, in which mistakes (clerical errors or mistakes in figures) had been made, and the protocol marked “Amended” together with the respective protocols and acts of the polling station election commissions, the decisions passed on the basis of these acts and, if available, protocols of the district election commission on the repeat count of votes of voters in the respective election district, dissenting opinions of members of the district election commission outlined in written form, appeals and complaints about violations of the procedure for tabulation of results of the vote within the territorial election constituency committed by the district election commission and the decisions that the district election commission passed as a result of the consideration of them, the second copy of the protocol shall be kept in the district election commission, the third copy shall be immediately posted in the premises of the district election commission for general familiarization; the rest of the copies shall be given out to members of the district election commission – one copy for each member.

9. The transportation of the election documents indicated in paragraph eight of this Article shall be done by the chairperson of the district election commission or his deputy and two members of this election commission who are representatives of two other parties (blocs) that received the highest number of votes in the territorial election constituency. If the chairperson or the deputy chairperson of the district election commission who must transport the said documents represents one of the two parties (blocs), which received the highest number of votes in the territorial election constituency, or the representative of such party (bloc) cannot take part in the transportation of the election documents to the Central Election Commission for a well-motivated reason, the representative of the political party (bloc), which received the next highest number of votes, shall take part in the transportation.

10. A candidate for deputy, an authorized person of a party (bloc) or an official observer shall, on his/her request, immediately be issued a copy of the protocol (including one marked “Amended”) of the district election commission on the results of the vote within the territorial election constituency and, if available, a copy of the protocol on the repeat count of votes in the respective election district in the amount of one copy of each protocol per party (bloc). The said copies shall be certified on each page by the chairperson and the secretary of the district election commission and sealed with the seal of the election commission.

11. District election commission is obliged to determine the voting results within territorial constituency regardless of the quantity of the polling stations where voting was declared invalid.

12. Invalidation of the voting within the territorial constituency shall be banned.

(Article 93 is supplemented by paragraphs eleven and twelve in accordance with Law No 1114-V of 01.06.2007)

Article 94. The Tabulation of the Results of the Vote in the Out-of-Country Election Constituency

1. The Central Election Commission shall at its session receive, consider and announce the protocols of polling station election commissions on the results of the vote in the polling stations abroad or the notifications about the content of the respective proto-cols on the results of the count of votes of voters, transmitted by technical communication means in accordance with paragraph six of Article 91 of this Law.

2. When the Central Election Commission has received and considered the protocols of polling station election commissions of polling stations abroad on the count of votes of voters in polling stations, it shall at the same session and on the basis of the protocols of polling station election commissions on the count of votes of voters in polling stations and the notifications on the content of such protocols of polling station election commissions, transmitted by the technical communication means, establish the information envisaged by paragraph one of Article 93 of this Law within the out-of-country election constituency.

3. The information on the results of the vote within the out-of-country election constituency shall be announced at a session of the Central Election Commission and shall be entered in figures and in words in the protocol of the Central Election Commission on results of the vote in the out-of-country election constituency.

4. The protocol indicated in paragraph three of this Article shall be completed according to the procedure envisaged by paragraph two and four through six of Article 93 of this Law.

5. The protocol indicated in paragraph three of this Article shall be completed in two copies. The protocol shall be signed by the Chairperson, the Deputy Chairpersons, the Secretary and other members of the Central Election Commission who are present at the session, and sealed with the seal of the Central Election Commission. The date and time (hour and minutes) when it was signed by the members of the Central Election Commission shall be indicated in the protocol. A member of the Central Election Commission who is present at the session must sign the protocol on the results of the vote. If a member of the Central Election Commission disagrees with the established results of the vote recorded in the protocol of the Central Election Commission, he/she shall sign a protocol marked “With a dissenting opinion”. A written outline of the dissenting opinion shall be attached to the protocol on the results of the vote. If the signature of a member of the Central Election Commission is absent from the protocol, the reason to the absence of the member of the Central Election Commission at its session shall be stated next to his/her surname. Candidates for deputy, representatives of the parties (blocs) in the Central Election Commission, authorized persons of parties (blocs) in the nationwide constituency, who were present when the results of the vote within the out-of-country election constituency were tabulated, shall have the right to sign the first copy of the protocol. The content of the protocol shall immediately be published on the official website of the Central Election Commission.

6. A candidate for deputy or a representative of a party (bloc) in the Central Election Commission shall at his/her request immediately be issued a copy of the protocol (including one marked “Amended”) of the Central Election Commission on the results of the vote within the out-of-country election constituency in the amount of one copy of each protocol per party (bloc). The said copies shall be certified on each page by the Chairperson and the Secretary of the Central Election Commission and sealed with the seal of the Central Election Commission.

7. The Central Electoral Commission is obliged to determine voting results within the foreign electoral district regardless of the quantity of the polling stations where voting was declared invalid.

8. Invalidation of the voting within the foreign electoral district shall be banned.

(Article 94 is supplemented by paragraphs seven and eight in accordance with Law No 1114-V of 01.06.2007)

Article 95. The Procedure for Receiving and Considering Protocols of District Election Commissions by the Central Election Commission

1. The Central Election Commission shall consider and approve the protocols of district election commissions on the results of the vote within the territorial election constituency at its session. The chairperson or the deputy chairperson of the respective district election commission shall announce the information of the said protocols at the session of the Central Election Commission. The time when the Central Election Commission received the protocol of the district election commission and the information entered in the protocol shall be registered in the minutes of the session of the Central Election Commission.

2. If the Central Election Commission detects corrections, mistakes or inaccuracies in the protocol of the district election commission on the results of the vote within the territorial election constituency, it may by its decision oblige the district election commission to enter changes into the established results of the votes of voters within the territorial election constituency according to the procedure established by paragraph seven of Article 92 of this Law, about what a note shall be made in the minutes of the session of the Central Election Commission. During the time when the district election commission considers this issue, the copies of the protocol on the results of the vote within the territorial election constituency submitted to the Central Election Commission and the documents attached to it shall be kept in the Central Election Commission.

3. The district election commission shall be obliged within a term determined by the Central Election Commission to consider the issue of entering changes in the established results of the vote within the territorial election constituency, if necessary by carrying out a repeat count of the votes in certain polling stations of the territorial election constituency. The protocol marked “Amended” shall be completed according to the procedure envisaged by paragraph even of Article 93 of this Law. The said protocol and other required election documents shall be transported to the Central Election Commission according to the procedure established by paragraph nine of Article 93 of this Law.

4. The Central Election Commission shall receive the protocol of the district election commission on the results of the vote within the territorial election constituency marked “Amended” according to the procedure established by paragraph one of this Article.

Article 96. Establishing the Results of the Elections of Deputies

1. At its session no later that on the fifteenth day after the day of election, the Central Election Commission shall establish the results of the elections of deputies on the basis of the protocols of district election commissions on the results of the vote within the respective territorial election constituencies, including those marked “Amended,” and the protocol of the Central Election Commission on results of the vote in the out-of-country election constituency, about what it shall complete a protocol. The following information shall be entered in the protocol on the results of the election of deputies in figures and in words:

1) the number of election ballots produced on the order of the Central Election Commission;

2) the number of unused election ballots cancelled by the Central Election Commission;

3) the number of election ballots received by district election commissions;

4) the number of unused election ballots cancelled by district election commissions;

5) the number of election ballots received by polling station election commissions;

6) the number of election ballots produced by polling station election commissions;

7) the number of unused election ballots cancelled by polling station election commissions;

8) the total number of unused election ballots;

9) the total number of spoiled election ballots;

10) the number of voters included in voter lists in polling stations;

11) the number of voters included in the excerpts from the voter lists in polling stations;

12) the number of voters included in voter lists for voting by absentee certificates;

13) the number of voters who received election ballots in the polling station;

14) the number of voters who received election ballots at their place of stay;

15) the number of voters who received election ballots on the basis of absentee certificates;

16) the total number of voters who received election ballots;

17) the number of voters who took part in voting in the premises for voting;

18) the number of voters who took part in voting at their place of stay;

19) the number of election ballots that do not count discovered in polling stations;

20) the total number of voters who took part in voting;

21) the number of election ballots declared invalid;

22) the percentage of the election ballots that were declared invalid in relation to the number of voters who took part in the vote;

23) the number of votes of voters cast for candidates for deputy, included in the electoral lists of each party (bloc);

24) the percentage of votes of voters cast for candidates for deputy, included in the electoral list of each party (bloc), in relation to the number of voters who took part in the voting;

25) the number of voters who did not support candidates for deputy included in the electoral list of parties (blocs), from any party (bloc)

26) the percentage of votes of voters who did not support candidates for deputies, included in the electoral list of parties (blocs), from any party (bloc) in relation to the number voters who took part in the vote.

2. The information on the results of the vote shall be entered into the protocol of the Central Election Commission on the results of the election in figures and in words. The information, indicated in sub-paragraphs 3–26 of paragraph one of this Article, shall be entered in figures for each territorial election constituency (including the out-of-country election constituency), as well as aggregated for the nationwide election constituency in figures and in words.

3. The candidates for deputy included in electoral lists of parties (blocs) that received three or more per cent of the votes of voters who took part in the vote in the nationwide constituency shall gain the right to take part in the distribution of deputy mandates.

4. Candidates for depute included in the electoral list of a party (bloc) which received less than three per cent of the votes of voters who took part in the vote shall not be entitled to take part in the distribution of mandates for deputy.

5. The mandates for deputy shall be distributed among the electoral lists of parties (blocs) in proportion to the number of votes of voters received by the candidates for deputy included in the electoral lists of the parties (blocs), indicated in paragraph three of this Article in the order determined by paragraph six through nine of this Article.

6. The Central Election Commission shall establish the aggregated number of votes of voters cast for candidates for deputy included in the electoral lists of parties (blocs) that received three or more per cent of the votes of voters on the basis of the information indicated in sub-paragraph 23 of paragraph one of this Article.

7. The number of votes of voters necessary for obtaining one mandate of a deputy (hereafter – the election quota) shall be calculated by dividing the aggregated number of votes of voters, determined in accordance with paragraph six of this Article, by the number of deputy mandates, which equals the numeric composition of the Verkhovna Rada of Ukraine, as determined by the Constitution of Ukraine (hereafter – the total number of deputy mandates)

8. The number of votes of voters cast for candidates for deputy included in the electoral list of this party (bloc) shall be divided by the electoral quota. The whole number of the resulting figure shall be the number of deputy mandates which the candidates for deputy from this party (bloc) obtained. The remainder shall count when distributing the rest of the deputy mandates in accordance with paragraph nine of this Article.

9. The parties (blocs), the electoral lists of which have the highest remainder compared to others after the division in accordance with paragraph eight of this Article, shall each obtain one additional mandate beginning with the electoral list of the party (bloc) that has the highest remainder. If two or more electoral lists of parties (blocs) have the same remainder, the additional deputy mandate is allocated to the electoral list of the party (bloc), the candidates for deputy from which received the highest number of votes of voters. The distribution of additional deputy mandates shall end after the total number of deputy mandates is exhausted.

10. The result of the election shall be the determination of persons according to the consecutive order in the electoral lists of parties (blocs) elected deputies from parties (blocs) in correspondence to the number of deputy mandates received by the electoral lists of the parties (blocs)

11. After having established the number of deputy mandates received by the parties (blocs) that are subjects of the election process, and after having determined the persons that are election deputies in accordance with the requirements of paragraph ten of this Article, in the protocol on the results of the elections of deputies the Central Election Commission shall state:

1) the total number of votes of voters cast for the candidates for deputy, included in the electoral lists of parties (blocs) that received three or more per cent of the votes of voters;

2) the election quota;

3) the number of deputy mandates received by each party (bloc) that is a subject of the election process;

4) the names, patronymics, surnames, year of birth, profession, position (occupation), place of work, place of residence and party affiliation of the elected deputies.

12. The protocol of the Central Election Commission on the results of the election of deputies shall be completed in two copies. The Chairperson, the Deputy Chairperson, the Secretary and other members of the Central Election Commission who are present at the session of the Central Election Commission shall sign the protocol, which is then sealed with the seal of the Central Election Commission. The date and time (hours and minutes) when the members of the Central Election Commission signed the protocol shall be indicated in it. A member of the Central Election Commission who is present at the session is obliged to sign the protocol on results of the elections of deputies. If a member of the Central Election Commission disagrees with the established results of the election recorded in the protocol of the Central Election Commission, the member of the Central Election Commission shall sign a protocol marked “With a dissenting opinion.” A written outline of the dissenting opinion shall be attached to the protocol on results of the election of deputies. If a signature of a member of the Central Election Commission is absent from the protocol, the reason for the absence of the member of the Central Election Commission at its session shall be indicated next to his/her surname. The candidates for deputy, the representatives of parties (blocs) in the Central Election Commission and authorized persons of the parties (blocs) in the nationwide constituency, who were present during the tabulation of the results of the election of people’s deputies of Ukraine shall have the right to sign the first copy of the protocol. The content of the protocol shall immediately be published on the official website of the Central Election Commission.

13. Central Electoral Commission is obliged to determine the voting result regardless of the quantity of polling stations where voting was declared invalid.

(Article 96 supplemented by paragraph thirteen in accordance with Law No 1114-V of 01.06.2007)

Article 97. The Official Announcement of the Results of the Election

1. No later than on the fifth day after establishing the result of the election, the Central Election Commission shall officially announce the results of the elections of deputies in the newspapers Holos Ukrayiny and Uryadovyy Kuryer. The list of elected deputies shall be published in alphabetical order indicating their surnames, names, patronymics, year of birth, educational background, position (occupation), place of work, place of residence, party affiliation and the subject of nomination.

2. The official announcement of the results of the elections of deputies by the Central Election Commission shall constitute reason for the dismissal of persons who are elected deputies from an occupation (a position) that is not compatible with a deputy mandate, and for the adoption of a decision on the termination of other representative mandates of persons elected deputies.

Article 98. The Procedure for Reimbursement of Election Campaign Expenses of a Party (Parties that Formed a Bloc)

1. Parties (parties that formed blocs), the electoral lists of which received three or more per cent of the votes of voters who took part in the vote shall be entitled to a reimbursement, at the expense of the State Budget of Ukraine, of its election campaign expenses in the amount of the factual expenses but not more than one hundred thousand mini-mum salaries for each party (bloc).

2. On the basis of a financial report about the incomes and expenditures of the election fund of a party (bloc) submitted according to the procedure envisaged by paragraph six Article 52 of this Law no later that on the tenth day after the day of the official announcement of the results of the elections the Central Election Commission shall pass a decision to reimburse a party (the parties that formed a bloc) the expenses related to the financing of its election campaign, or a decision to reject such reimbursement. In case the Central Election Commission rejects reimbursement partly, the sum of the election campaign expenses of a party (bloc) declared in the financial report shall decrease by the size of the contested amount.

3. If the Central Election Commission, when examining the information contained in the financial report about the incomes and expenditures of the election fund of a party (bloc), discovers facts that testify that a party (bloc) has violated the requirements established by this Law to the procedure for the formation of an election fund of a party (bloc) or has spent funds of the election funds of the party (bloc) for purposes that are not related to the election campaign, this shall constitute a reason for rejecting the party (parties that were part of a bloc) reimbursement of its election campaign expenses.

4. A copy of the decision of the Central Election Commission to reimburse a party (parties that formed a bloc) its election campaign expenses or the decision to reject such reimbursement shall be submitted to the party (parties that formed a bloc) it concerns no later than on the second day after the day this decision was passed.

5. No later that on the tenth day after having received the copy of the decision about the reimbursement, indicated in paragraph four of this Article, the leading body of a bloc shall submit the proportions for the division of the costs intended for reimbursement to the parties between the parties that form the bloc. The funds intended for reimbursing parties that form a bloc for their election campaign expenses shall be divided by the Central Election Commission between the parties that formed the bloc in the proportions determined by the said submission of the leading body of the bloc.

6. A decision of the Central Election Commission to reject a party (parties that were part of a bloc) reimbursement of its election campaign expenses can be appealed to court.

7. The funds for the reimbursing parties (parties that were part of a bloc) for their election campaign expenses shall be envisaged by the law “On the State Budget of Ukraine” for the financial year following the year when elections of People's Deputies of Ukraine are conducted. Central Election Commission shall be the principal administrator of the funds for reimbursing parties (parties that were part of a bloc) for their election campaign expenses.

8. The Central Election Commission shall transfer the funds intended for reimbursing a party (parties that were part of a bloc) for its election campaign expenses to the account of the respective party (parties that formed the bloc) on the basis of the respective decision of the Central Election Commission no later than on the thirtieth day from the day when the law “On the State Budget of Ukraine” comes into force, in which the costs for compensating the parties (the parties that formed a bloc) for their election campaign expenses in accordance to paragraph seven of this Article are envisaged.

Article 99. The Registration of Elected Deputies

1. In order to be registered people's deputy of Ukraine, a person who is elected deputy is obliged to submit a document to the Central Election Commission no later that on the twentieth day after the day of the official announcement of the results of the elections about his/her dismissal from an occupation (position) that is not compatible with a deputy mandate, and (or) a copy of a registered request to terminate another representational mandate submitted to the respective council.

2. If the person who is elected deputy addresses the Central Election Commission and presents credible reasons which prevent his/her from fulfilling the requirements of paragraph one of this Article, the Central Election Commission may pass a decision to declare these reasons credible and establish another term for fulfilling the said requirements or to reject declaring these reasons credible.

3. When the Central Election Commission receives the documents indicated in paragraph one of this Article, it shall pass a decision to register the elected person a people's deputy of Ukraine.

4. If a person who is elected deputy fails to fulfill the requirements of paragraph one of this Article within the terms indicated in paragraph one and two of this Article, the Central Election Commission shall pass a decision to declare him/her as such that has revoked his/her the deputy mandate, and shall declare the next candidate in turn on the electoral list of the respective party (bloc) an elected people's deputy of Ukraine.

5. The Central Election Commission shall issue a temporary certificate of a people's deputy of Ukraine, of the sample established by it, to a person who is registered people's deputy of Ukraine no later than on the seventh day after the day of his/her registration.

6. The decision of the Central Election Commission about the registration of the deputy and the temporary certificate of a people's deputy of Ukraine shall serve as the grounds for the elected person to be sworn in as a people's deputy of Ukraine.

Article 100. The Certificate and the Breast Pin of a People's Deputy of Ukraine

The Central Election Commission shall issue a people's deputy of Ukraine the certificate of a people's deputy of Ukraine and a breast pin of the sample established by it no later than on the seventh day after he/she has taken the oath.

Article 101. Replacing Deputies whose Powers were Pre-term Terminated

1. In case of pre-term termination of the powers of the deputy on the grounds and pursuant to the procedure foreseen by the Constitution of Ukraine (254к/96-ВР), not earlier than on the sixth day after the day of receipt of the respective decision or copy of a death certificate the next candidate for the deputy on the electoral list of the corresponding party (bloc) shall be considered elected by the decision of the Central Electoral Commission. If the decision on the pre-term termination of powers of the deputy is appealed, the Central Electoral Commission shall adopt the decision to consider as elected the next candidate for the deputy on the electoral list of the corresponding party (bloc) after court’s decision enters into force. If the list of the candidates for the mandate of the deputy is exhausted, the mandate of the deputy shall remain vacant till the conduct of regular or irregular elections. (Paragraph one of Article 101 from edition of the Law No 1114-V of 01.06.2007)

2. The Central Election Commission shall carry out the registration of the person as people's deputy of Ukraine in accordance with paragraph one of this Article and issue the temporary certificate of a people's deputy of Ukraine according to the procedure envisaged by Article 98 of this Law.

(Paragraph three of Article 101 lifted under the Law No 114-V of 01.06.2007)

4. If changes to the composition of the electoral bloc occurred after the day of election, the rules of paragraph two, three and six of Article 63 of this Law shall apply when replacing candidates whose powers have been pre-term terminated. (Paragraph 4 of article 101 came into force after the day of regular elections of People’s Deputies of Ukraine in 2006, according to paragraph 1 of Chapter XIV “Final Provisions” of this Law)

Chapter XI

EXTRAORDINARY ELECTIONS

Article 102. General Particularities of Preparation and Conduct of Irregular Elections of Deputies

1. Preparation and conduct of irregular elections of deputies shall be carried out in time-frames and pursuant to the procedures established by this Law and with due regard to the particularities stipulated in this Article and Articles 102-1 – 102-6 of this Law.

2. During the conduct of the irregular elections the documents approved (established) by the Central Electoral Commission for the last regular elections of the deputies (except for the ballot paper, list of voters of the polling district, protocol of the polling station commission on the vote count in the polling district, of the district election commission on the second vote count in polling district, of the district election commission on the results of the voting within the limits of the territorial constituency, of the Central Electoral Commission on the results of voting in the foreign constituency, of the Central Electoral Commission on the results of the election of the deputies) shall be used with respective alterations as to the date of the elections.

3. The form and the text of the ballot paper shall be approved by the Central Electoral Commission no later than 25 days before the election day. Supervisory group envisaged by Article 79, para.4 of this Law, shall be established based on the submissions of the factions mentioned in Article 102-2, para.1 of this Law.

4. The terms established in Article 49, para.4, Article 58, para.1(2) and the actions envisaged in Article 56, para.5 and Article 58, para.2 of this Law related to the announcement of the beginning of the electoral process shall commence on the next day after the day of publication of the Decree of the President of Ukraine on pre-term termination of powers of the Verkhovna Rada of Ukraine.

5. Non-governmental organization which meets the requirements of Article 76, para.1 of this Law no later than 30 days before the election day can address the Central Electoral Commission with a petition for permission to have its official observers at the irregular elections of the deputies.

6. The list of non-governmental organizations granted permission to have official observers at the elections of the deputies shall be officially published by the Central Electoral Commission in the newspapers ‘Holos Ukrayiny’ and ‘Uriadovyy Kuryer no later than 20 days before the election day.

7. During the conduct of the irregular elections the absentee ballots are not produced and are not used. In that respect:

1) the form of the protocol of the polling station commission on the vote count in the polling district as well as of the protocol of the district election commission on the second vote count in polling district shall not contain the information indicated in Article 89, para.2, sections 7, 10, 20-22 of this Law;

2) the form of the protocol of the district election commission on the results of the voting within the limits of the territorial constituency shall not contain the information indicated in Article 93, para.1, sections 9, 12, 21-25 of this Law;

3) the form of the protocol of the Central Electoral Commission on the results of voting in the foreign constituency shall not contain the information mentioned in Article 93, para. 1, sections 9, 12, 21-25 of this Law;

4) the form of the protocol of the Central Electoral Commission on the results of the election of the deputies shall not contain the information mentioned in Article 96, para.1, sections 12, 15 of this Law.

8. The Central Electoral Commission no later than 23 days before the election day shall approve the forms of the protocols indicated in para.7 of this Article.

9. The irregular elections of the deputies shall be considered as such that have failed if less than half of the voters included in the voters lists participated.

10. In case the irregular elections are considered as such that have failed, the Central Electoral Commission no later than within two months from the day of the irregular elections shall announce the commencement of the repeated irregular elections of the deputies. Repeated irregular elections of the deputies shall be carried out pursuant to the procedures and time-frames set forth by this part. (Article 102 with edition of the Law No 1114-V of 01.06.2007)

Article 102-1. Particularities of the Territorial Organization of Irregular Elections of Deputies

1. Territorial and foreign constituencies created for the last elections of deputies shall be used during the conduct of irregular elections of deputies.

2. Decision of the Central Electoral Commission on the creation of the territorial polling districts on the basis of the last elections of deputies indicating numbers, limits and centers shall be published by the Commission within three days after the day of the commencement of the electoral process in newspapers ‘Holos Ukrayiny’ and ‘Uriadovyy Kuryer’ as well as within seven days after the day of the commencement of the electoral process in the regional press.

3. Decision of the Central Electoral Commission on the creation of foreign polling district during the conduct of the last elections of deputies shall be published in the newspapers ‘Holos Ukrayiny’ and ‘Uriadovyy Kuryer’ within three days after the day of the commencement of the electoral process. Respective official diplomatic mission or consular institution of Ukraine announces the information on the establishment of the foreign polling district pursuant to the procedures and in time-frames stipulated by Article 23, para.3 of this Law.

4. Regular polling districts established for the last elections of the deputies are used for the conduct of irregular elections of the deputies.

5. The Central Electoral Commission no later than 30 days before the election day on a motivated submission of the district election commissions, initiated address of the city (cities of oblast (region) level, of republican level in Autonomous Republic of Crimea) Mayor, head of the district, district in the city of Kyiv, Sevastopol city rada (council) may establish new regular polling districts. Such submission shall be submitted to the Central Electoral Commission no later than 32 days before the election day. The submission shall contain information on the suggested boundaries of the polling district, proposals as to the location of the polling station commission and voting premises, tentative number of voters in this polling district as well as tentative changes of the number of voters in other polling districts caused by the establishment of the new district. Decision on the establishment of a new regular polling district shall be sent no later than on the next day after its approval to the working group on the registration of voters of the administrative and territorial unit, within the limits of which the polling district is established.

6. Special polling districts for the conduct of irregular elections of deputies are created by the district election commissions no later than 25 days before the election day. Submissions mentioned in Article 21, para.2 of this Law shall be received by respective district election commission no later than 28 days before the election day.

7. Application for the establishment of a special polling district on the territory of the military unit (formation) dislocated beyond the boundaries of the considerably remote inhabited locality mentioned in Article 21, para.5 of this Law shall be submitted to the Central Electoral Commission no later than 28 days before the election day. Such special polling district shall be created within the period set in para.6 of this Article.

8. List of ordinary and special polling districts with the indication of numbers of the polling stations, their boundaries or institutions, in which they are established, location of respective polling station commissions and voting premises shall be published in the regional and local press no later than 17 days before the election day or if not possible shall be made public by other means within the same time-frame. (Law supplemented by Article 102 1 in accordance with Law No 1114-V of 01.06.2007)

Article 102-2. Particularities of Establishing Electoral Commissions for the Irregular Elections of Deputies

1. The district election commissions are created by the Central Electoral Commission no later than within 12 days after commencement of the electoral process. Candidacies for the composition of the district election commissions are nominated by the factions of the deputies that were established at the current convocation of Verkhovna Rada of Ukraine (hereinafter referred to as factions). Submissions as to the candidacies from the factions shall be signed by the head of the faction, whose signature is to be certified by the apparatus of the Verkhovna Rada of Ukraine or by the notary, and shall be directed to the Central Electoral Commission no later than within 8 days after commencement of the electoral process.

2. The number of candidacies included in the list of the district election commission on the submission of each faction shall be determined by the Central Electoral Commission no later than on the next day after the commencement of the electoral process based on the quantitative limits of the composition of the commissions set forth in Article 27, para.1 of this Law and adhering to the equitable representation of the coalition of deputies’ factions and opposition (the deputies factions that do not belong to the coalition) formed in Verkhovna Rada of Ukraine of current convocation, and equal number of the candidacies from each separate faction in the context of representation of coalition and opposition.

3. Leading positions in the district election commissions shall be assigned in accordance with the procedure stipulated by Article 27, para.10 of this Law. Moreover, both the head and the secretary of the same commission may not be representatives only by the coalition or the opposition.

4. If within the time-frame set by the para.1 of this Article the faction mentioned in para.1 of this Article did not present its submissions or if quantity of the candidacies nominated by the factions for the composition of the district election commission is less than the quantity allocated to this faction, the right to nominate the candidacies in the number necessary to ensure the representation of the coalition (opposition) shall be passed to other factions which belong respectively to coalition or opposition. Such submission may be proposed no later than on the next day after the expiry of the time for the submissions introduced in accordance with para.1 of this Article.

5. If after expiry of the period set in para.4 of this Article the submissions as to the composition of the district election commission were not received or if the number of the candidates nominated for the composition of the district election commission is less than 12, the Central Electoral Commission is obliged to establish district election commission consisting of 12 people on the submission of the Head of the Central Electoral Commission by all means taking into account the candidacies nominated by the factions mentioned in para.1 of this Article.

6. Polling station commissions of the regular and special polling districts are established no later than 15 days before the election day and simultaneously with the establishment of the polling district in the exceptional case of the establishment of the polling district on the basis of Article 21, para.7 of this Law, on the submission of the factions, mentioned in para.1 of this Article.

7. The polling station commission shall consist of:

1) 9-14 members in case of small districts;

2) 13-18 members in case of medium districts;

3)  18-23 members in case of large districts.

8. Candidacies for the composition of the polling station commissions shall be nominated by the factions, mentioned in para.1 of this Article. Submission of the candidacies shall be signed and put forward by the head of the faction or the person authorized by the head of the faction whose signature on the respective submission or document of instruction is to be certified by the apparatus of the Verkhovna Rada of Ukraine or by the notary. Mentioned document of instruction shall be valid till the election day inclusive if not indicated otherwise in the very document. Copy of the document of instruction shall be enclosed to the submission and shall be kept at the respective commission. The submission shall be directed to the respective district election commission no later than 20 days before the election day. The person authorized to introduce the submission shall show one of the documents listed in Article 2, para.3 of this Law.

9. Number of the candidacies from each faction mentioned in para.1 of this Article, who are included in the composition of the polling station commission, shall be determined by the Central Electoral Commission no later than 40 days before the election day with due regard to the quantitative limits of the composition of the commissions set forth in para.7 of this Article and adherence to the equitable representation of each faction.

10. Leading positions in the polling station commissions shall be assigned in accordance with the procedure stipulated by Article 28, para.10 of this Law. Moreover, both the head and the secretary of the same commission may not be representatives only of the coalition or opposition.

11. If within the period set by the para.8 of this Article the faction mentioned in para.1 of this Article did not provide the submission as to the composition of the polling station commission or if the number of candidates nominated for the composition of the polling station commission is less than the minimum number set by para.8 of this Article the district election commission is obliged upon a submission by its head to establish polling station commission consisting of the minimum number of members set by para.8 of this Article by all means taking into account the candidacies nominated by the factions, mentioned in para.1 of this Article.

12. Candidacies for the composition of the foreign polling station commissions in addition to the factions mentioned in para.1 of this Article shall be nominated by the Ministry of Foreign Affaires of Ukraine with due regard to the requirements stipulated in Article 29 of this Law.

13. Clarifications as to the procedure of the establishment of the polling station commissions and assignment of the positions in these commissions during the conduct of irregular elections of deputies shall be adopted by the Central Electoral Commission no later than 30 days before the election day.

(Law supplemented by Article 102 2 in accordance with Law No 1114-V of 01.06.2007)

Article 102-3. Particularities of Compiling and Updating the Voters Lists for the Irregular Elections of Deputies

1. Compilation of the voters lists for the irregular elections of the deputies shall be carried out by means of the main mechanisms and procedures determined by the Law of Ukraine ‘On the State Voter Register’ (698-16) pursuant to the procedure and with due regard to the particularities set forth by this Article.

2. Compilation of the lists for the ordinary polling districts shall be carried out by the working groups on the registration of voters to be established by the district, district in the cities of Kyiv and Sevastopol public administrations, executive committees of city radas (councils) (cities of republican level in the Autonomous Republic of Crimea, of oblast (region) level) no later than within 5 days after the commencement of the electoral process of the irregular elections of the deputies and shall be effective till the election day inclusive. The authority which established the working group shall notify the Central Electoral Commission about the head of the group, its location and means of communication no later than the next day.

3. The working group on the registration of voters engages mayors of the settlements, villages, towns (towns of the district level), and heads of the district radas (councils) in the city or other officials who, in accordance with the law, fulfill their duties in the process of compiling and updating the voters lists in the respective territorial communities.

4. Ministry of Interior of Ukraine, Ministry of Justice of Ukraine, Ministry of Defense of Ukraine, State Department on the Execution of Punishments no later than within 5 days after the commencement of the electoral process appoint responsible officials in each territorial structure for the purpose of interacting with the working groups on the registration of voters and providing the groups with information necessary for the compilation of the voters lists.

5. Lists of voters at the regular polling districts shall be compiled in accordance with the sample approved by the Central Electoral Commission and on the grounds of general lists of voters, provided by the Central Electoral Commission using the lists of voters of the regular polling districts used during the last election of the deputies, no later than within 5 days after commencement of the electoral process.

6. The Central Electoral Commission no later than on the next day after the receipt of the notification on creation of the working group provides the latter with the electronic database of the general lists of voters with regard to the respective administrative and territorial unit.

7. Corresponding local executive authorities and local self-government institutions no later than 47 days before the election day shall ensure that respective archive institutions provide the working groups on the registration of voters with the lists of voters for the polling districts without voters’ signatures that were used during the voting at the last elections of deputies and were deposited in accordance with Article 118 of this Law.

8. The corresponding working group on the registration of voters no later than 30 days before the election day shall receive the information about the citizens of Ukraine from the following authorities:

1) the head of respective district (city or district in the city) body of the Ministry of Interior of Ukraine shall submit the information:

a) about citizens of Ukraine registered at their residence in the corresponding administrative and territorial unit who have reached the age of eighteen after the day of last elections of deputies or who will be eighteen as of the day of irregular elections;

b) about individuals, who have acquired the citizenship of Ukraine and received interim certificate of the citizen of Ukraine or passport of the citizen of Ukraine and are registered at their residence in the corresponding administrative and territorial unit;

c) about voters who, after the day of last elections of deputies have changed their residence registration within the limits of the corresponding administrative and territorial unit;

d) about voters who, after the day of last elections of deputies, registered their residence in the corresponding administrative and territorial unit;

e) about voters who, after the day of last elections of deputies, have cancelled their registration of the place of residence in the corresponding administrative and territorial unit;

f)  about individuals whose Ukrainian citizenship ceased after the day of the last elections of deputies;

2) the head of respective district (city or district in the city) body of the Ministry of Justice of Ukraine shall submit the information:

a) about voters who resided in the corresponding administrative and territorial unit and died after the day of the last elections of deputies;

b) about voters who after the day of the last elections of deputies changed their surname, name, patronymic name, date of birth;

3) the head of local military registration and enlistment office shall submit the information:

a) about voters who resided on the corresponding territory and were drafted for the fixed term military service after the day of the last elections of deputies;

b) about voters who after the day of the last election of deputies were transferred to the reserve upon completion of the fixed-term military service;

4) The commander of military unit (formation) dislocated within the limits of corresponding administrative and territorial unit shall submit the information:

a) about voters – fixed-term service military men who arrived within the last 12 months before the election day for the irregular elections in order to undergo military service at this military unit (formation) (and in case of the military members that undergo their fixed-term military service on ships, vessels and coastal units of the security support of the Naval Forces of the Armed Forces of Ukraine and Coastal Forces of the Border Guard of Ukraine – within the last 18 months);

b) about other voters that settled on the territory of that military unit (formation) dislocation after the day of the last elections of the deputies;

c) about voters (including the fixed term service military members) that left the dislocation territory of this military unit (formation) after the day of the last elections of the deputies;

5) the head of the respective district (city or district in the city) guardianship and care authority shall submit the information:

a) about voters that after the day of the last elections of the deputies were considered incapable and consequently were placed under the guardianship;

b) about individuals with regard to which after the day of the last elections the decision on incapability was cancelled by the court and consequently the guardianship was discontinued;

6) head of the respective district (city or district in the city) health care authority, social service institutions, Mayor of the village, settlement, town (towns of district level) shall submit information about the voters permanently unable to move without assistance for the purpose of including these persons in the extract of the voters list to ensure voting at their location;

7) head of the specialized institution located in the administrative and territorial unit which according to the law carries out registration of homeless citizens shall submit the information:

a) about voters that after the day of the last elections of the deputies were registered at the juridical address of the institution;

b) about voters that after the day of the last elections of the deputies were removed from the registration at the juridical address of the institution;

8) head of the local punishment execution authorities of the State Department of Ukraine on the Execution of Punishments shall submit the information about citizens of Ukraine who serve their sentences at the institutions situated on the corresponding territory;

9) head of the state tax authority in the corresponding administrative and territorial unit shall submit the information about persons which are included in the state registry of the physical persons – taxpayers and payers of other compulsory payments in corresponding administrative and territorial unit.

9. State Border Guard authorities within three days before the election day shall submit to the district election commission information about individuals registered in corresponding administrative and territorial unit who in fact have crossed Ukrainian state border and as of the moment of the information submission there is no data with regard to their return to the territory of Ukraine.

10. Information envisaged in paras.8 and 9 of this Article shall be submitted on paper and in electronic format. Validity of the information shall be certified by the signature of the head of corresponding body, institution, organization, commander of the military unit (formation) and shall be respectively sealed.

11. In case a new regular polling district is established in accordance with the procedure foreseen in Article 102-1, para.5 of this Law, the working group on the registration of voters compiles the lists of voters of this polling district on the basis of the information available.  The voters included into the list of voters of the new polling district shall be removed from the lists of voters of the other regular polling districts.

12. The working group on the registration of voters shall update the lists of voters using the information received in accordance with para.8 of this Article. The working group shall produce two copies of the list of voters at each regular polling district established within the limits of administrative and territorial unit no later than 20 days before the election day.

13. The lists of voters of each polling district in two copies shall be signed no later than 18 days before the elections by the head of the working group and by the corresponding Mayor of the village, settlement, towns/cities (cities of district, regional and republican level in the Autonomous Republic of Crimea without regional division), head of the district rada (council) in the city or by any other official fulfilling such authorities according to the law whose signature is certified by the seal of corresponding rada (council).

14. The head of the working group shall pass the lists of voters of each polling district in two copies signed in accordance with para.11 of this Article on paper and in electronic format to the district election commission at its meeting no later than 17 days before the election day. With regard to that an act is drawn up on the basis of a sample and pursuant to the procedure set by Article 35, para.8 of this Law.

15. In order to ensure public control over the process of the voters lists compilation and reliability of the lists the Central Electoral Commission no later than within 15 days after the commencement of the electoral process shall establish central and regional (in the Autonomous Republic of Crimea, oblasts (regions), cities of Kyiv and Sevastopol) supervisory groups each of which shall be composed of two representatives of factions mentioned in Article 102-2, para.1 of this Law. Submission of candidacies nominated for the membership in the supervisory groups shall be signed by the corresponding head of faction, whose signature shall be certified by the apparatus of Verkhovna Rada of Ukraine or by notary and shall be submitted to the Central Electoral Commission no later than within 10 days after the commencement of the electoral process.

16. Members of the supervisory groups shall be entitled:

1) to receive information about the course of compiling and updating the lists of voters at the polling districts;

2) to receive upon its own written request an electronic copy of the lists of voters at the polling districts (as of the day of delivery of the lists of voters to the district election commissions) from the working group.

17. List of voters at the polling district shall have continuous numbering of voters. The information about voters shall be ordered according to their addresses so that information about voters with the same address is placed alongside. 

18. The district election commission no later than 12 days before the election day shall communicate the lists of voters of the polling district to the corresponding polling station commission of the regular polling district in order established by Article 41, para.8 of this Law. Information received by the district election commission in accordance with Article 102-3, para.9 of this Law shall be communicated to the polling station commission on the next day. In this case the polling station commission is obliged to exclude the persons mentioned in the received information.

19. The updating of the voters lists after they are received by the polling station commission of the regular polling district shall be carried out pursuant to the procedure envisaged in Articles 43-45 of this Law.

20. Individual invitation foreseen by the Article 43, para.2 of this Law shall be delivered to every voter included in the lists of voters no later than 7 days before the election day.

21. At the special polling districts the lists of voters shall be compiled in order envisaged by this Law no later than 7 days before the elections. One copy of the list of voters is passed to the corresponding district election commission no later than on the next day after its compilation.

22. Information about voters that as of the day of elections are located at the territory of special polling districts shall be submitted no later than 8 days before the election day by the corresponding polling station commission in order determined by Article 46, para.3 of this Law.

23. The lists of voters at the foreign polling district shall be compiled and produced pursuant to the procedure established by this Law. Working group on the registration of the voters at the Ministry of Foreign Affairs of Ukraine shall be established within the timeframe envisaged by para.2 of this Article. The Central Electoral Commission is notified of the aforementioned no later than on the next day.

24. During the conduct of irregular elections of the deputies voters, who are registered with the consulate as of the moment of the lists compilation shall be included in the lists of voters of the foreign polling district. The lists of voters shall be communicated to the polling station commissions of the foreign polling district no later than 12 days before the election day. Updating of the lists of voters at the foreign polling district shall be carried out according to the procedures determined by this Law. Members of the central supervisory group possess the powers envisaged by para.16 of this Article with regard to lists of voters at the foreign polling district.

25. Members of the electoral commissions are included into the lists of voters at the place of location of the corresponding commission in order established by Article 44, para.5 of this Law. (Law supplemented by Article 102 3 in accordance with Law No 1114-V of 01.06.2007)

Article 102-4. Particularities of the Nomination and Registration of the Candidates for the Deputies at the Irregular Elections of Deputies

1. Nomination of candidates for the deputies shall start on the next day after the publication of the Decree of the President of Ukraine on the pre-term termination of powers of the Verkhovna Rada of Ukraine and shall terminate 40 days before the election day.

2. The Central Electoral Commission is notified about the creation of electoral bloc no later than 3 days before the conduct of the inter-party congress (meeting, conference) on the nomination of deputy candidates.

3. Submission of the documents for the registration of the candidates for deputies to the Central Electoral Commission shall terminate 35 days before the election day. The Central Electoral Commission adopts the decision on the registration of candidates no later than within three days after receipt of the application for the registration of the candidates for the deputies and enclosed documents. If the registration of candidates for deputies is denied due to improper filling of the submitted documents the repeated submission of the corrected documents in accordance with Article 62, para.3 of this Law shall be carried out no later  than 30 days before the election day.

4. Registration of the candidates for the deputies shall terminate 27 days before the election day.

5. Size and number of the photos of the individuals included in the list of candidates of the party (bloc) is determined by the Central Electoral Commission no later than within three days after the publication of the Decree of the President of Ukraine on the pre-term termination of powers of the Verkhovna Rada of Ukraine.

6. During the conducts of irregular elections of deputies declaration on property and revenues of the candidate for his or her registration is not submitted to the Central Electoral Commission. (Law supplemented by Article 102 4 in accordance with Law No 1114-V of 01.06.2007)

Article 102-5. Particularities of the Financial and Logistical Support of the Irregular Elections of Deputies

1. District election commission within 5 days after its creation shall draw an estimate of the expenses on the preparation and conduct of the irregular elections of deputies foreseen by Article 49, para.6 of this Law, which is to be submitted to the Central Electoral Commission no later than within 7 days after the creation of the district election commission.

2. A party (bloc) - subject of the electoral process shall open an accumulative account of its electoral fund no later than within 5 days after the registration of the list of candidates for deputies of this party (bloc). Opening and closing of the accounts of electoral fund of the party (bloc), financial accountability of the party (bloc) shall be carried out pursuant to the procedures and in order applied during the last regular elections of the deputies.

3. Purchase of goods, works and services for the preparation and conduct of irregular elections of deputies at the expenses of the State budget of Ukraine shall be carried out according to the procedures approved by the Inter-Departmental Commission on Public Purchases at the proposal of the Central Electoral Commission. The aforementioned procedure is adopted no later than within 5 days after commencement of the electoral process. (Law supplemented by Article 102 5 in accordance with Law No 1114-V of 01.06.2007)

Article 102-6. Particularities of the Election Campaigns at the Irregular Elections of the Deputies

1. Informational posters of the parties (blocs) indicated in Article 62 of this Law shall not contain election programmes of the parties (blocs). These posters shall contain photos of five candidates for deputies from the voting list of the party (bloc) determined by the corresponding party (bloc). Such posters are produced no later than 15 days before the election day. Informational posters are delivered to the polling station commissions no later than 7 days before the election day.

2. Local executive authorities, local self-government bodies no later than 50 days before the election day allot space and equip stands, advertisement boards in public places for the placement of the election campaign materials.

3. The procedure for allocating airtime and space in the press, at the expense and within the limits of funding from the State budget of Ukraine allocated for the preparation and conduct of the elections, shall be determined by the Central Electoral Commission no later than 26 days before the election day.

4. Prices for the unit of space in press and airtime mentioned in Article 68, paras. 6 and 7 of this Law shall be determined by the corresponding mass media no later than 51 days before the day of irregular elections.

5. Mass media shall officially submit prices for the unit of space in press and airtime determined in accordance with the requirements of Article 68, paras. 6 and 7 of this Law to the Central Electoral Commission no later than 50 days before the election day. Publication of the mentioned prices according to the Article 69, para.1 of this Law shall be carried out no later than 48 days before the election day.

6. National television and radio organizations of state ownership shall grant each party (bloc) - subjects of the electoral process airtime of the total length of 30 minutes at the national television and 30 minutes at the national radio channel during the period from 19.00 till 22.00 for the conduct of election propaganda at the expense and within the limits of funding from the State budget of Ukraine allocated for the preparation for and conduct of the elections. Airtime for the conduct of the election propaganda at the expenses and within limits of the funds of State budget of Ukraine which are apportioned for the preparation and conduct of the elections at the regional television and radio channels is not provided.

7. Preliminary broadcasting schedule for the election campaign television and radio programs envisaged by Article 69, para. 6 of this Law shall be composed by the national television and radio organizations of state ownership mentioned in para. 6 of this Article and shall be sent to the Central Electoral Commission no later than 35 days before the elections.

8. The order allocated to the parties (blocs) - subjects of the electoral process of the airtime on the television and radio at the expense and within limits of funding from the State budget of Ukraine for the preparation and conduct of the elections shall be determined no later than 25 days before the election day by casting of lots carried out by the Central Electoral Commission with the participation of the representatives of the parties (blocs) at the Central Electoral Commission.

9. Publication of the election programs of the parties (blocs) foreseen by Article 70, para. 1 of this Law shall be done in the newspapers ‘Holos Ukrayiny’ and ‘Uriadovyy Kuryer’. Publication of the election programs of the parties (blocs) at the expenses and within the limits of funding from the State budget of Ukraine allocated for the preparation and conduct of the elections is not to be carried out in the regional (local) press.

10. The editorial offices of the newspapers ‘Holos Ukrayiny’ and ‘Uriadovyy Kuryer’ are obliged to inform the Central Electoral Commission no later than 26 days before the election day about the specific dates of the publication of the issues of the corresponding newspapers with the programs specifying location of these programs in each issue of the newspaper (page numbers).

11. Order of the publication of the election programs of the parties (blocs) mentioned in para.9 of this Article shall be determined no later than 25 days before the elections by casting of lots carried out by the Central Electoral Commission with participation of the representatives of the parties (blocs) at the Central Electoral Commission.

12. The Central Electoral Commission shall ensure distribution of the explanations regarding the prohibition of giving to voters, establishments, institutions, organizations as well as to electoral commissions and their members goods (except for the goods with the visual image of the title, symbols, flag of the party (parties which belong to the bloc; bloc) provided the cost of such goods does not exceed 3% of the minimum salary), services, works, valuable papers, credits, lottery-tickets, other tangible property (indirect bribery) in order determined by the Article 71, para.14 of this Law starting with the twentieth day before the election day.

13. The only requesters of the election propaganda during the electoral process are the Central Electoral Commission and parties (blocs) – subjects of the electoral process.

14. Materials of the election propaganda placed in the media shall contain full title of the party (bloc) which has ordered the propaganda. During the demonstration of the election propaganda on the television the full title of its requester shall be by all means indicated in the form of the text message which shall cover not less than 15% of the screen area, shall be done in contrasting colour against the main background of the image and shall be noticeable for the viewers. (Law supplemented by Article 102 6 in accordance with Law No 1114-V of 01.06.2007)

Chapter XII

APPEALING DECISIONS, ACTIONS OR INACTIVITY RELATED TO THE PROCESS OF ELECTIONS OF DEPUTIES. LIABILITY FOR VIOLATIONS OF ELECTION LEGISLATION

Article 103. The Subject for Filing a Complaint

1. The subject for filing a complaint that deals with the process of the election of deputies may be:

1) a candidate for deputy;

2) a party (bloc) that is a subject of the election process represented by the leader of the party (bloc), the representative of the party (bloc) in the Central Election Commission, an authorized person of the party (bloc) or by another person who is authorized by decision of the central leading body of the party (leading body of the bloc);

3) an official observer from a party (bloc);

4) an election commission that carries responsibilities as to organizing the preparation to and conduct of the elections of deputies, represented by the chairman or a member of the election commission who has been authorized by a decision of the election commission;

5) a voter whose rights or law-protected interests as to participation in the election process, including participation in the work of an election commission or observation, have been violated by a decision, action or inactivity of a subject of complaint.

2. The leader of a party (leaders of a bloc, determined by the agreement about the formation of the bloc), the authorized person of the party (bloc) or the representative of the party (bloc) in the Central Election Commission shall act as a representative of the respective party (bloc) without further authorization. The document that confirms the powers of the authorized person of the party (bloc) or the representative of the party (bloc) in the Central Election Commission shall be the respective certificate issued according to the procedure established by this Law.

Article 104. The Object and Subject of the Complaint

1. A complaint which concerns the calling, preparation and conduct of the elections of deputies (hereafter – complaint), taking into account the specifics established by Articles 111 – 115 of this Law, may be submitted by the respective subject for filing a complaint against a decision, an action or the inactivity of:

1) an election commission or a member of an election commission;

2) a body of state authority, a body of local self-government, an enterprise, organization or institution, their officers and officials;

3) an association of citizens, except for those decisions and actions that, according to law or the charter (provisions) of the association of citizens, belong to their internal organizational activity or their exclusive competence;

4) a mass media outlet, its officers or officials or creative officers;

5) other subjects of the election process according to Article 12 of this Law.

Article 105. Subject for considering a Complaint

1. The subject for considering a complaint, envisaged by Article 104 of this Law, shall be an election commission or a court.

2. A subject for filing a complaint, envisaged by Article 103 of this Law, may submit a complaint to an election commission or to court at his/her discretion.

3. The court, to which a complaint envisaged by Article 104 of this Law is submitted, shall immediately notify the respective election commission and a higher-level election commission about the receipt of the complaint, as well as about the decision taken regarding it by the court.

4. If a complaint was accepted by the court for consideration on its merits, and a complaint on the same issue and on the same basis was submitted to an election commission, when the election commission receives the notification from court about the receipt of the complaint the election commission shall suspend its consideration of the complaint until the court decision has come into legal force.

Article 106. Terms for filing complaints

1. The subject for filing a complaint may submit a complaint to an election commission or to court within five days after the decision was adopted, or the action or inactivity committed by the subject of the complaint, except in cases specified in paragraph two and three of this Article.

2. A complaint concerning a violation that took place prior to election day may be filed within the terms, established by paragraph one of this Article, but no later than by twenty-four hours of the day preceding the day of election.

3. A complaint concerning a violation that took place during voting may be submitted to the respective polling station election commission no later than by the end of the vote. A complaint concerning decisions, actions or inactivity of an election commission or members of these commissions which took place on election day, during the count of votes and tabulation of the results of the vote in an election district may be submitted to a higher-level election commission or to court within a two-day term from the day the decision was adopted or the action or inactivity occurred.

4. The day when an inactivity occurred shall be considered the last day of the term, within which the activity envisaged by law was supposed to, but did not, occur.

5. The day a complaint is submitted shall be considered the day when the complaint was actually received by the subject for considering a complaint.

6. The term for submitting a complaint may not be extended or renewed except in case of a resubmission of a complaint after its deficiencies have been eliminated no later than the following day after the day when it was returned by the subject for considering a complaint without considering it, in accordance with paragraph three of Article 108 of this Law.

7. A change or modification of the claims of the subject for filing a complaint during the time when the subject for considering a complaint is considering the complaint, if caused by the occurrence of circumstances that were not previously known to the subject for filing a complaint shall not be considered a new complaint and shall not be subject to the established restrictions of terms.

Article 107. The Form and Content of a Complaint

1. A complaint to an election commission or to court shall be submitted in writing form. The complaint must contain:

1) the name of the subject for considering a complaint to whom it is submitted;

2) the surname, name and patronymic (name of organization) of the subject for filing a complaint, his/her place of residence (postal address), as well as a number of a communication means and an e-mail address if available;

3) surname, name and patronymic (name of organization) of the subject of the complaint, his place of residence (postal address), as well as a number of a communication means and an e-mail address if available;

4) the merits of the complaint;

5) an outline of the circumstances and an indication of the proofs on which the subject for filing a complaint bases his/her claims;

6) clearly formulated claims with an indication of the merits of the decision, the adoption of which is demanded from the subject of complaint;

7) a list documents and materials attached;

8) an indication of the interested persons whom the subject for filing a complaint consider necessary to include in the consideration of the complaint;

9) the signature of the subject for filing a complaint or a person who represents him/her in accordance with Article 103 of this Law, indicating the date of signing;

2. A complaint on behalf of an election commission shall be submitted by a decision of the election commission, which shall be attached to the complaint, signed by the person preceding at the session of the election commission at which the decision to file the complaint was taken, and certified with the seal of the election commission.

3. Copies of the complaint and of all documents attached to it shall be submitted together with the complaint in an amount that equals the number of subjects of the complaint and the interested persons indicated in the complaint.

Article 108. The Procedure and Terms for Considering Complaints

1. A court shall consider complaints according to the procedure established by process law, taking into account the specifics determined by this Law.

2. An election commission shall consider complaints according to the procedure established by this Article.

3. A complaint that is drawn up in violation of the formal requirements of Article 107 of this Law shall be returned to the subject for filing a complaint without consideration by the Chairperson of the Central Election Commission or by other members of the Central Election Commission acting on the order of the Chairperson of the Central Election Commission or by the Chairperson or Deputy Chairperson of the district or polling station election commission no later than the following day after the receipt of the complaint, but a complaint submitted on the day prior to the day of voting, on voting day or the following day after voting day – immediately. When returning a complaint without consideration, it shall contain an exhaustive list of the deficiencies that prevent the complaint from being considered and mention the opportunity to re-submit the complaint in accordance with the formal requirements of Article 107 of this Law within the terms envisaged by this Law.

4. When the complaint is resubmitted and the deficiencies have not been corrected or new have occurred, the subject for considering a complaint shall adopt a decision not to consider it on the merits.

5. A complaint that is drawn up in compliance with the requirements of Article 107 of this Law shall be considered by court or by the respective election commission at its session no later than on the fifth day from the day it was received, except for the cases envisaged by paragraphs six through eight of this Law.

6. The election commission shall consider a complaint about violations that took place prior to election day within the term envisaged by paragraph five of this Article, but no later than at the beginning of the poll.

7. A complaint about a violation that took place during voting and was filed to the polling station election commission shall be considered by it immediately after the end of the poll.

8. A complaint about a violation that took place on election day, during the count of votes or the tabulation of the results of the vote in the election district and was filed to a higher-level election commission or to court shall be considered by the respective subject for considering a complaint within a two-day term from the day it was submitted.

9. If an election commission in the course of considering a complaint deems it necessary to have the circumstances indicated in the complaint examined by law enforcement agencies, the respective law enforcement agencies shall examine these circumstances at the request of the election commission and take the respective measures as to terminate the violation of the legislation within a three-day term from the day the request of the election commission was received, or if such request was received by them less than three days prior to the day of voting, on voting day or on the following day after it – immediately. The respective agencies shall report to the election commission that filed the request about the conclusions of the examination and the measures taken.

10. When considering a complaint, the subject for considering a complaint must notify the subject for filing a complaint, the subject of a complaint and other interested persons in a timely manner by a registered telegram, a facsimile message or an electronic mail about the time and the place for the hearing of the complaint. Notification of a subject for filing a complaint, a subject of a complaint and interested persons about the time and the place of the hearing of the complaint by telephone is allowed if such action is registered by an official of the subject for considering a complaint in a special written note that shall be attached to the file (the minutes). Non-appearance at the session of the subject for considering a complaint of persons that were duly notified about it shall not prevent a complaint from being considered.

11. Copies of a complaint and documents attached to it shall be submitted to the subject of the complaint and to the interested persons in advance, or if this is impossible – no later than at the beginning of the consideration of the complaint. The subject of the complaint shall have the right to submit written explanations on the essence of the complaint, which shall be taken into consideration by the subject considering the complaint.

12. A subject for considering a complaint shall take a decision not to consider a complaint on its merits if the complaint was submitted by an undue subject for filing a complaint to an undue subject for considering a complaint or in violation of the terms for filing a complaint established by this Article.

13. When the Central Election Commission adopts a decision not to consider a complaint on its merits it may take the facts outlined in the complaint into consideration upon its own initiative.

14. The Central Election Commission shall determine other issues of procedure for the consideration of complaints by election commissions in accordance with the requirements of this Law.

15. Courts, election commissions and prosecuting agencies shall arrange their work during the election process, including on non-working days and on the day of voting, in such a way that facilitates the receipt and consideration of complaints and requests from election commissions with the terms and in the manner established by this Law.

Article 109. Evidence

1. The evidence, on the basis of which an election commission establishes the presence or absence of circumstances that justify the demands or protests of the complainant, the subject of complaint or interested persons, as well as other circumstances that are essential for a proper consideration of a complaint may be:

1) written documents and materials (including in electronic form) that contain information about circumstances that are essential for a proper consideration of a complaint;

2) written explanations of subjects of the election process, officials and officers of bodies of the executive, bodies of local self-government, enterprises, institutions, facilities and organizations or the respective law enforcement agencies, which are received on the request of a subject for considering a complaint, which shall also include members of an election commission when exercising the powers of the election commission;

3) material evidences;

4) expert statements, provided in written form on the request of an election commission that is a subject for considering a complaint, a subject for filing a complaint or a subject of a complaint.

2. A subject for filing a complaint, a subject of a complaint or interested persons may submit evidence to an election commission. An election commission that is a subject for considering a complaint may request (demand) additional evidence on its own initiative or on the request of a subject for filing a complaint, a subject of a complaint or interested persons.

3. If a subject for filing a complaint, a subject of a complaint or an interested person fails to present evidence to substantiate the circumstances, they invoke, the election commission shall decide on the case on the basis of the available evidence.

4. An election commission shall only take the evidence into consideration that is essential for considering the complaint. If an election commission who is a subject for considering a complaint decides to reject evidence that are not essential for considering the complaint or do not have evidential force, this shall be indicated in the decision.

5. Circumstances (facts), for the substantiation of which the law establishes certain means of evidence, may not be substantiated by other means of evidence.

6. Written evidence shall be submitted in original form or in a duly certified copy. If a copy of written evidence is submitted, an election commission shall have the right to demand a submission of the original or on its own initiative order the original of the written evidence. After considering a complaint, the election commission shall return the original document on the request of the owner of the document, and there shall remain a duly certified copy in the complaint file.

7. The election commission shall assess the origin and reliability of each piece of evidence, as well as the sufficiency and inter-relationship of the evidence in its totality, guided by law. No single evidence shall have an inherent legal force, except for circumstances or facts that have been established by a court decision which has taken legal force.

Article 110. The Decision of a Subject for Considering a Complaint as a Result of the Consideration of the Complaint

1. A decision of a subject for considering a complaint must be fair, legal and justified.

2. During the consideration of a complaint against a decision of a subject of a complaint, the subject for considering a complaint shall resolve:

1) whether the appealed decision was indeed adopted by the subject of the complaint;

2) whether the subject of the complaint adopted the appealed decision on legal grounds;

3) whether the appealed decision was adopted within the powers and in accordance with the procedure determined by law;

4) which legal norms should be applied to these legal relations and whether the law renders the consideration of this complaint within the competence of the subject for considering a complaint;

5) whether each claim of the subject for filing a complaint should be satisfied or denied satisfaction;

6) whether the violated rights or legal interests of the subject for filing a complaint could be reinstalled by other means;

7) which decisions the subject of the complaint should be obliged to adopt or which actions that follow from the fact that the decision was cancelled should be taken.

3. During the consideration of a complaint concerning an action (or inactivity) of the subject of complaint, the subject for considering a complaint shall resolve:

1) whether the appealed action (inactivity) of the subject of the complaint indeed took place;

2) whether the subject of the complaint performed (committed) the appealed action (inactivity) on legal grounds;

3) which legal norms should be applied to these legal relations and whether the law render the consideration of this complaint within the competence of the subject for considering the complaint;

4) whether each claim of the subject for filing a complaint should be satisfied or denied satisfaction;

5) whether the violated rights or legal interests of the subject for filing a complaint could be reinstalled by other means;

6) which decisions the subject of the complaint should be obliged to adopt or which actions that follow from the fact that the appealed action or inactivity was declared illegal should be taken.

4. When considering a complaint on the merits, the subject for considering a complaint may satisfy the complaint fully or partially or deny satisfaction.

5. In case a complaint is satisfied, the subject for considering a complaint may adopt a decision:

1) to declare the decision of the subject of the complaint or certain of its provisions, actions or inactivity as such that do not meet the requirements of the legislation on the elections of people’s deputies, that violate the electoral rights of citizens or the rights and legal interests of a subject of the election process;

2) to cancel the decision;

3) to oblige the subject of the complaint to take actions envisaged by the legislation that regulates the organization of and the procedure for the conduct of elections of deputies;

4) to oblige the subject of the complaint to refrain from taking certain actions;

5) to reinstall by other means the violated electoral rights of citizens or the rights and legal interests of a subject of the election process;

6) to oblige the subject of the complaint and (or) another body, party (bloc), mass media outlet, official or officer to take certain actions that are envisaged by the legislation that regulates the organization of and the procedure for the conduct of elections of deputies and follow from the fact that the appealed decision was cancelled, or the appealed action or inactivity was declared illegal.

6. The subject for considering a complaint shall satisfy the complaint when it is established that the decision, action or inactivity do not correspond to the legislation on the elections of deputies. When satisfying the complaint, the subject for considering a complaint may satisfy all or a part of the claims of the subject for filing a complaint.

7. If a court declares a decision of the respective election commission illegal, including on issues such as declaring voting in the election district invalid, the tabulation of the vote and the establishing of the result of the vote or the results of the elections of deputies, the decision on this issue shall be taken by the election commission whose decision was declared invalid, or by a higher-level election commission on the basis of the court decision. In this connection, if the decision was not declared invalid for formal reasons, the election commission may not pass a decision that in essence repeats the decision that was declared invalid by court.

8. A higher-level election commission may cancel a decision of a lower-level election commission on the basis of a complaint, a court decision or on its own initiative and pass a decision on the merits of the issue or oblige the lower-level election commission to reconsider the issue in question.

9. A subject for considering a complaint shall deny satisfaction of a complaint if it is established that the decision, action or inactivity of the subject of the complaint was committed in compliance with law, within the powers envisaged by law and do not violate the electoral rights of voters or the rights and legal interests of other subjects of the electoral process.

10. A copy of the decision of the subject for considering a complaint shall be issued or sent to the subject for filing a complaint, the subject of the complaint, other interested persons, the respective election commission and to another subject who is mentioned in the decision, no later than the following day after the decision was passed, but if the decision was passed the day prior to election day, on election day or the following day – immediately.

11. A court decision adopted in the first instance shall take legal force after the expiration of the term for appeal within the terms established by Article 111 of this Law.

Article 111. The Specifics of the Review of Court Decisions

1. Participants in a court hearing of a case shall have the right to appeal, according to the appellation procedure in full or partially the court ruling adopted by a first instance court of the court which has not entered into legal force, if the first instance court did not comprehensively establish the circumstances of the case, did not properly examine the evidence, applied norms of material law inconsistently or profoundly violated the norms of jurisprudence.

2. An appeal may also be filed by a third person who is subject of the election process who did not take part in the court hearing of the case if the decision of the first instance court violates his/her rights, freedoms or legal interests.

3. Decisions of the courts of the first level shall be revised in accordance with the procedure established by the Code of the Administrative Judicial Procedure of Ukraine (2747-15). (Paragraph three of Article 111 in the edition of the Law No 1114-V of 01.06.2007)

4. Appeals against a decision of a first instance court may be filed within two days from the day following the day the copy of the decision was received.

5. An appeal against a decision of a first instance court passed prior to election day may be filed within the terms established by paragraph four of this article, but no later than at twenty-four hours of the last Saturday prior to election day.

6. Appeals filed after expiration of the terms established by paragraph four and five of this article shall not be considered.

7. An appellate instance court shall consider a case within two days from the day the appeal was received, but with regard to decisions passed by a first instance court prior to election day – no later than at the time of the beginning of the poll.

Article 112. The Specifics of Lodging Complaints against Decisions, Actions or Inactivity of Bodies of the Executive, Bodies of Local Self-Government, Enterprises, Facilities, Institutions and Organizations, their Officials and Officers

1. A subject of the election process may lodge a complaint against a decision, actions or an inactivity of a body of the executive, a body of local self-government, an enterprise, facility, institution or organization, or their officials and officers regarding their failure to carry out duties vested in them by law, their illegal interference in the activity of election commissions or their members, as well as failure to comply with the requirements of the law concerning the election campaign.

2. The complaint indicated in paragraph one of this article shall be submitted to a district election commission or the Central Election Commission, or to a local court at the location of the respective executive body or body of local self-government, enterprise, facility, institution or organization.

3. A complaint against decisions, actions or an inactivity of an executive body or body of local self-government, an enterprise, facility, institution or organization, their officials and officer shall be considered by a court composed of three professional judges.

4. The consideration of a complaint against decisions, actions or inactivity of an executive body or a body of local self-government, an enterprise, facility, institution or organization, their officials and officers shall not exclude that individual officials and officers shall be held liable and brought to disciplinary, administrative, criminal or other justice in the cases and according to the procedure envisaged by the law.

Article 113. The Specifics of Lodging Complaints against Decisions or Actions of Parties (Blocs) and Other Associations of Citizens

1. An election commission, a candidate for deputy, a party (bloc) that is a subject of the election process, as well as a voter, whose electoral rights have been violated, may lodge a complaint against decisions or actions of a party (bloc), an association of citizens, or its official or authorized representative regarding the election process, except for those decisions or actions which according to law or the charter (provisions) of the association of citizens belong to its internal organizational activity or exclusive competence.

2. The complaint indicated in paragraph one of this Article shall be submitted to the respective district election commission or the Central Election Commission or to the court of appeals at the location of the respective body of the party (bloc) or the association of citizens.

Article 114. The Specifics of Lodging Complaints against Actions or an Inactivity of Mass Media, their Owners, Officials and Creative Staff Members

1. A candidate for deputy, a party (bloc) that is subject of the election process may lodge a complaint against actions or an inactivity of a mass media outlet, its owner, official or creative staff member, which violate the procedure established by law for the activity of mass media during the election process including those concerning the right to receive an answer in accordance with paragraph twelve of Article 71 of this Law, or other requirements of law concerning the conduct of the election campaign.

2. The Central Election Commission or a district election commission shall have the right to lodge a complaint against the actions or inactivity indicated in paragraph one of this article on its own initiative.

3. The complaint indicated in paragraph one and two of this Article shall be submitted to the local court at the location of the respective mass media outlet.

4. The complaint, indicated in paragraph one of this Article, shall be submitted to:

1) the Central Election Commission – concerning actions or inactivity of a nation-wide mass media outlet, its owner, official or creative staff member;

2) the respective district election commission – concerning actions or inactivity of a regional or local mass media outlet, its owner, official or creative staff member.

Article 115. Specifics of lodging complaints against actions or inactivity of a candidate for deputy

1. A candidate for a deputy or a party (bloc) that is subject of the election process may lodge complaints against actions or an inactivity of a candidate for deputy if these actions or inactivity had the aim to violate the procedure established by law for nominating a candidate for deputy, the conduct of the election campaign, as well as to violate their rights and legally protected interests or the electoral rights of citizens.

2. A voter may lodge a complaint against actions or an inactivity of a candidate for deputy, of these actions or inactivity violated his/her electoral rights or legally protected interests regarding participation in the election process.

3. A complaint against an action or inactivity of a candidate for deputy shall be submitted to the Central Election Commission or to the Kyiv city Court of Appeal.

Article 116. The Specifics of Lodging Complaints against Decisions, Actions or Inactivity of Election Commissions and Members of Election Commissions

1. A subject of the election process shall have the right to lodge complaints decisions, acts or inactivity of an election commission or a member of an election commission.

2. The complaint against decisions, actions or the inactivity of a polling station election commission or a member of a polling station election commission shall be submitted to the respective district election commission or to the local court at the location of the election district.

3. The complaint against decisions, actions or the inactivity of a district election commission or a member of a district election commission shall be submitted to the Central Election Commission or to an appellate court at the location of the district election commission.

4. The complaint against a decision, action or inactivity of the Central Election Commission or a member of the Central Election Commission shall be submitted to the Supreme Court of Ukraine.

5. The complaint against a decision, an action or inactivity of election commissions or members of election commissions shall be considered by a court composed of three professional judges.

Article 117. Liability for Violations of Legislation on the Election of Deputies

Persons who are guilty in violations of the legislation on the elections of deputies shall be brought to criminal, administrative or other justice according to the procedure established by law.

Chapter XIII

STORAGE OF ELECTION DOCUMENTATION

Article 118. Storage of Election and Other Documentation and Material Assets

1. After the official announcement of the results of the elections of deputies, the Central Election Commission shall transfer election and other documentation that is liable to be included in the National Archive Fund, including the protocols on the count of votes of voters in polling stations and on the results of the vote within the territorial election constituencies, to the respective central state archive institution, while district election commissions shall transfer such documentation to the respective local state archive institutions.

2. The district election commissions shall transfer the election documentation that is not liable to be included in the National Archive Fund to local archive institutions created by the local bodies of the executive or bodies of local self-government according to the Law of Ukraine “On National Archive Fund and Archive Institutions”.

3. The Central Election Commission shall establish the list of the election and other documentation that is liable to storage in state and other archive institutions, and the procedure for its transfer to these organizations after consultations with a central body of the executive in the field of archive and documentation matters.

4. After the termination of the powers of the polling station and district election commission, local bodies of the executive and bodies of local self-government must ensure storage of the ballot boxes, voting booths, the seals and stamps of these commissions and the methodological literature provided to the election commissions for the period of the election process.

5. The election ballots, counterfoils of election ballots, voter lists, absentee certificates, acts, appeals and complaints about violations of the requirements of this Law during the conduct of voting and the count of votes of voters and protocols, minutes and decisions of election commissions shall be kept in local archive institutions for four years after the day of the official announcement of the results of the elections of deputies, after which it shall be destroyed in accordance with the established procedure.

6. Archive institutions shall provide access to election documentation from the elections of deputies according to the procedure established by the legislation of Ukraine.

Chapter XIV

FINAL PROVISIONS

1. This Law shall take legal effect on 1 October 2005, except for:

Articles 39 and 40 that shall take legal effect on the day the Law is made public;

Paragraphs three and four of the Article 101 that shall take legal effect on the day of the conduct of the regular elections of people's deputies of Ukraine in 2006.

[Paragraph 2 was lifted under the Law of Ukraine ”On introducing changes to some laws of Ukraine” no. 9222 of 14 March 2006]

3. In order to bring Ukrainian legislation in conformity with this Law, laws and other normative legal acts shall apply in the part that does not contradict this Law.

4. As of the day of the Administrative Procedures Code of Ukraine is enacted, the consideration of complaints by the courts shall be done in accordance with the procedure, established by the Administrative Procedures Code of Ukraine taking into account the specifics envisaged by this Law.

5. In Articles 173 and 174 of the Law of Ukraine “On Political Parties in Ukraine” (Vidomosti of the Verkhovna Rada of Ukraine, 2001, no. 23, p.118; 2004, no. 27-28, p. 366) the word “four” shall be replaced with the word “three”.

6. The Cabinet of Ministers of Ukraine shall within a six-month period after the publication of this Law:

draft and submit to the Verkhovna Rada of Ukraine its suggestions as how to bring the laws of Ukraine in conformity with this Law;

bring its normative legal acts in conformity with this Law;

ensure adoption of the normative legal acts envisaged by this Law;

ensure that ministries and other central executive bodies review and revoke normative legal acts that contradict this Law.

The Central Election Commission shall:

bring its acts in conformity with this Law within a one-month period after the publication of this Law;

ensure the adoption of the acts envisaged by this Law.

7. To declare the Law of Ukraine “On the Elections of People's Deputies of Ukraine” (Vidomosti of the Verkhovna Rada of Ukraine, 2001, no. 51-52, p. 265; 2002, no. 9, p. 69; 2004, no. 15, p. 218, no. 23, p. 320) null and void from 1 October 2005, except for paragraph seven of Article 15 and Article 81 of this Law, which shall lose legal effect on the day of the regular elections of people's deputies of Ukraine in 2006.

The President of Ukraine V. YUSHCHENKO

Kyiv city , 25 March 2004

No. 1665-IV