Article 21. The System of Election Commissions
1. The elections of the President of Ukraine
shall be prepared and conducted by:
1) The Central Election Commission;
2) territorial election commissions; and
3) polling stations election commissions.
2. The authorities of election commissions
in relation to preparation and conduct of
the elections of the President of Ukraine
shall extend in the following way s:
1) those of the Central Election Commission
- to the entire territory of Ukraine;
2) those of territorial election commissions
- to the territory of the election district;
and
3) those of polling stations election commissions
- to the territory of the election precinct.
3. The Central Election Commission shall also
exercise s the authority of the territorial
election commission in the separate out-of-country
election district.
Article 22. The Legal Status of Election
Commissions
1. Election commissions are special collegial
bodies of the state power authorized to organize
the preparation and conduct of the elections
of the President of Ukraine, and to ensure
the full and equal observance of the legislation
of Ukraine in respect to the elections of
the President of Ukraine.
2. The status of the Central Election Commission
is determined by the Constitution of Ukraine,
the Law of Ukraine "On the Central Election
Commission", and this and other laws.
The Central Election Commission shall head
the system of election commissions that organize
the preparation and conduct of the elections
of the President of Ukraine and it shall be
the higher - level commission in respect to
all territorial and polling station election
commissions envisaged by this Law.
3. The status of territorial and polling station
election commissions shall be determined by
this Law.
4. The territorial election commission is
a legal entity. The territorial election commission
is the higher - level commission in respect
to all polling station election commissions
located within the territory of the respective
territorial election district in connection
with the elections of the President of Ukraine.
5. The polling station election commission
is not a legal entity. The polling station
election commission is a subject of the respective
election process with the right to address,
within the limits of its authorities, state
executive bodies and bodies of local self-government,
enterprises, establishments, institutions
and organizations, their officials and officers.
The polling station election commission shall
have its own seal, the form of which shall
be subject to approval by the Central Election
Commission.
Article 23. Formation of the Central Election
Commission and the Territorial Election Commissions
1. The Central Election Commission shall be
formed according to the Constitution of Ukraine
and the Law of Ukraine "On the Central
Election Commission".
2. The Central Election Commission shall no
later than eighty days prior to the day of
the elections form the territorial election
commission consisting of a chairperson, a
deputy chair, a secretary and other members
of the commission in a quantity of not less
than ten persons.
3. The submission of candidacies for membership
in territorial election commissions (no more
than two persons to one election commission
from one candidate) shall be filed to the
Central Election Commission no later than
eighty-five days prior to the day of elections,
bearing a signature of the candidate to the
post of the President of Ukraine certified
according to the procedure established by
law. The submission shall contain data confirming
that the proposed persons have experience
in the work of election commissions, relevant
education or preparation. Applications of
the persons proposed as members to the respective
territorial commission containing their consent
to participate in its work shall be attached
to the submission.
4. All representatives proposed by the candidates
to the post of the President of Ukraine are
shall be included into the territorial election
commission.
5. If submissions of candidacies for membership
in the territorial election commission have
not been filed within the term specified in
part three of this article, or the number
of persons proposed to be included in the
membership of the election commission are
less than ten, then the territorial election
commission shall be formed by the Central
Election Commission upon a submission by its
chairperson, in the quantity of ten persons
taking into account in a mandatory manner
the candidacies submitted by candidates to
the post of President of Ukraine according
to part three of this article.
6. Citizens of Ukraine who are eligible to
vote and who permanently reside within the
territory of the respective territorial district
or city, in which territory such district
is located, may be included into the membership
of the territorial election commission. One
person may only be a member of one election
commission at the same time.
7. Candidates to the post of the President
of Ukraine, their authorized representatives,
proxies, officials and officers of the state
executive bodies and bodies of local self-government,
as well as citizens who are kept in institutions
under the penitentiary system or who have
been convicted of a premeditated crime and
such conviction has not been cancelled or
lifted according to the procedure established
by law, cannot be members of the territorial
election commission. In case the elections
of the President of Ukraine are held simultaneously
with other elections, candidates who are nominated
in those elections, their proxies, authorized
representatives from parties (blocs) - subjects
of the respective election processes cannot
be included into the membership of the territorial
election commission.
8. Each candidate to the post of the President
of Ukraine is entitled to a proportional share
of the positions of chairperson, deputy chair
and secretary in the territorial election
commission. Each candidate's shares of such
positions shall be determined according to
the number of persons proposed by him and
included into the membership of territorial
election commissions, taking into account
the total number of persons included into
the membership of the territorial election
commission.
9. The chairperson, deputy chair and secretary
of the territorial election commission may
not be representatives of one and the same
candidate for the post of the President of
Ukraine.
10. The secretary of the territorial election
commission must have a command of the state
language.
11. Decisions on formation of the territorial
election commission and its membership, along
with decisions on changes in its composition
made according to the requirements of this
Law must be published in the mass media in
the respective region no later than on the
third day from the day they are taken.
Article 24. Formation of Polling Station
Election Commissions
1. A polling station election commission shall
be formed by the respective territorial election
commission no later than thirty-five days
prior to the day of elections, consisting
of a chairperson, a deputy chair, a secretary
and other commission members.
2. The number of members of a polling station
election commission shall be no less than
twelve persons. In election precincts At polling
stations where the number of voters does not
exceed fifty persons , a polling station election
commission may be formed consisting of a chairman
chairperson, a deputy chairman chair and two
to four members of the commission.
3. The proposal of candidacies (no more than
two persons to one election commission from
one candidate) for membership in election
commissions of ordinary election precincts,
as well as of special election precincts formed
in stationary medical institutions, and institutions
under the penitentiary system, shall be submitted
to the respective territorial election commission
no later than forty-five days prior to the
day of election, bearing the signature of
a proxy of the candidate to the post of the
President of Ukraine certified by the chairperson
of the respective territorial election commission,
or according to another procedure established
by law.
4. A polling station election commission at
a special election precinct formed on board
a vessel at sea under the State Flag of Ukraine
on the day of elections, or at a polar station
of Ukraine, shall be formed by the territorial
election commission according to the place
of registration of the vessel or polar station
based on a submission by the captain of such
vessel or , the head of the station, which
may be transmitted by f technical communication
means within the term envisaged by part three
of this article.
5. Polling station election commissions at
an election precinct abroad shall be formed
by the Central Election Commission based on
proposals of candidates to the post of President
of Ukraine (no more than three persons per
precinct from one and the same candidate),
provided they are available, and upon submissions
by the Ministry of Foreign Affairs of Ukraine.
6. If a special election precinct is formed
on the exceptional basis pursuant according
to part ten of Article 20 of this Law, the
polling station election commission shall
be formed by the Central Election Commission
concurrently with the formation of the election
precinct based on a submission from the territorial
election commission. The territorial election
commission shall notif y ies the proxies the
proxies of all registered candidates to for
the post of the President of Ukraine in the
respective territorial district about the
preparation of the submission to the Central
Election Commission concerning the formation
of a special election precinct and shall suggest
s them to file, within the terms established
by the territorial election commission, their
submissions regarding candidacies to the membership
of the polling station election commission
according to in accordance with the order
set forth procedure established in by this
article.
7. The submission of candidacies to the membership
of polling station election commissions shall
contain data confirming that the proposed
persons have experience in the work of election
s commissions, relevant education or preparation.
Applications of the persons proposed as members
to the respective territorial commission containing
their consent to participate in its work shall
be attached to the submission.
8. All representatives proposed by the candidates
to the post of the President of Ukraine shall
be included into the membership of the polling
station election commission.
9. If no submissions concerning the membership
of the polling station election commission
were filed within the term established in
part three of this article, or if the number
of persons proposed to be included into the
membership of the polling station election
commission is less than twelve, the polling
station election commission shall be formed
by the territorial election commission upon
a submission from its chairperson in the quantity
of twelve persons taking into account in a
mandatory manner all the candidacies submitted
by the candidates to the post of President
of Ukraine according to part three of this
article.
10. Voters permanently residing within the
territory of the respective territorial district
or in the city, on which territory such district
is located, may be included into the membership
of the polling station election commission.
A voter may only be a member of one election
commission at the same time.
11. The candidates to the post of the President
of Ukraine, their authorized representatives,
proxies, officials and officers of state executive
bodies and bodies of local self- government,
as well as citizens who are kept in institutions
under the penitentiary system or have been
convicted of a premeditated crime and such
conviction has not been cancelled or removed
according to the procedure established by
law, cannot be members of polling station
election commissions.
In case the elections of the President of
Ukraine are held simultaneously with other
elections, candidates who are nominated in
those elections, their proxies and , authorized
representatives from parties (blocs) - subjects
of the respective election processes cannot
be included into the membership of the polling
station election commission.
12. Each candidate to the post of President
of Ukraine shall be entitled to a proportional
share of the positions of chairperson, deputy
chair and secretary in the polling station
election commission. Each candidate's shares
of such positions shall be determined according
to the number of persons proposed by him and
included into the membership of polling station
election commissions, taking into account
the total number of persons included into
the membership of the poling station election
commission.
13. The chairperson, deputy chair, and secretary
of the polling station election commission
may not be representatives of one and the
same candidate to for the post of President
of Ukraine.
14. The secretary of the polling station election
commission must have a command of the state
language.
15. Decisions on the formation of a polling
station election commission and its membership,
along with decisions on changes in its composition
made according to the requirements of this
Law must be published in the mass media in
the respective region no later than on the
third day from the day they are taken.
Article 25. Authorities of the Central Election
Commission
1. The authorities of the Central Election
Commission in regard to the organization,
preparation and conduct of the elections of
the President of Ukraine shall be determined
by the Law of Ukraine "On the Central
Election Commission", this and other
laws of Ukraine.
2. In addition to the authorities provided
for by the Law of Ukraine "On the Central
Election Commission", the Central Election
Commission shall:
1) adopt clarifications, which the election
commissions are obliged to execute, about
the application of the provisions of the law,
and ensure support to their organizational
and methodological functions;
2) in case of necessity, call sessions of
a lower - level election commission at its
own initiative;
3) control the use of funds from the State
Budget of Ukraine by the election commissions
by engaging employees of relevant state bodies
in performing inspections;
4) establish the standards and the list of
necessary equipment and inventory, the requirements
for such equipment and the procedure for its
storage, the requirements with respect to
the voting premises, as well as the list of
services which are provided to election commissions;
5) terminate the flow of funds to the accounts
of election commissions in the banking institutions
after the termination of the authorities of
election commissions, or, in case they violate
the budget and financial discipline, take
the decision to transfer the remaining funds
to the Central Election Commission's account
for further use for the needs of the election
campaign;
6) register candidates to the post of President
of Ukraine, as well as their proxies;
7) ensure the production and broadcasting
on national TV and Radio of information programs
giving clarifications to voters about the
principles and procedure of conducting elections,
their role in the life of the society and
the state, the voting procedures, the rights
and obligations of voters, and the mechanisms
for control over compliance with the legislation
regarding the elections of the President of
Ukraine;
8) resolve, according to this and other laws
of Ukraine, issues related to the use of mass
media in the pre-election campaign;
9) ensure the production of pre-election posters
of candidates to the post of President of
Ukraine;
10) exercise control over the receipt and
use of the candidates' personal election funds;
engage the State Tax Administration of Ukraine
as well as banking institutions in which the
respective accounts are opened, in conducting
respective audits;
11) ensure the centralized production of ballots
of the established form, as well as absentee
voting certificates, forms of the protocol
of the election commissions on the count of
votes and on the determination of the results
of the vote and other election documentation
forms;
12) submit a report to the State Chancellery
on the expenditure of funds allocated from
the State Budget of Ukraine for the preparation
and conduct of the elections of the President
of Ukraine, within three months from the day
of the official publication of the results
of the elections; and
13) perform other authorities according to
this and other laws of Ukraine.
Article 26. Authorities of the Territorial
Election Commission
1. The territorial election commission , in
regard to organizing the preparation and conduct
of the elections of the President of Ukraine
shall:
1) exert control over compliance with the
legislation regarding the elections of the
President of Ukraine;
2) form election precincts, establish a uniform
enumeration of election precincts, determine
the boundaries of each election precinct;
3) form polling station election commissions;
4) direct the activity of polling station
election commissions;
5) in case of necessity, call sessions of
the polling station election commission at
its own initiative;
6) provide legal, administrative-methodological
and technical assistance to polling station
election commissions, and organize trainings
for their members on issues related to the
organization of the election process;
7) in accordance with the procedure established
by the Central Election Commission, resolve
matters concerning the allocation and use
of funds by the polling station election commissions,
control that the polling station election
commissions are provided with premises, transportation
and means of communication; within its competence
consider and resolve other matters of providing
material and technical assistance for the
conduct of the elections;
8) control the compilation of the lists of
voters and their display for public review;
deliver the lists of voters to polling station
election commissions;
9) together with respective bodies of the
state executive power and bodies of local
self-government, assist in organizing meetings
of candidates with voters;
10) ensure the polling station election commissions
are issued ballot papers and absentee voting
certificates of the established form, and
ensure the production and supply of forms
of other documentation according to this Law;
11) determine the results of the vote for
the territorial election district, prepare
the protocol on the results of the vote and
send it to the Central Election Commission;
12) declare the vote in the election precinct
invalid in cases envisaged by this Law;
13) ensure the holding of repeat voting according
to the decision of the Central Election Commission
to hold repeat voting of the elections of
the President of Ukraine, as well as the holding
of repeat elections according to this Law;
14) register official observers from candidates
to the post of the President of Ukraine and
from parties (blocs) in the respective territorial
district;
15) ensure the production of seals and stamps
and issue them to the polling station election
commissions;
16) within the limits of its authorities,
consider appeals, statements and complaints
regarding the preparation and conduct of the
elections within the territory of the respective
election district, as well as appeals, statements
and complaints against actions or inactivity
of polling station election commissions, and
take decisions on them;
17) hear reports of polling station election
commissions, local state executive bodies
and bodies of local self-government on issues
related to the preparation and conduct of
the elections of the President of Ukraine;
18) ensure the submission of election and
other documentation for storage to the appropriate
state archival institution, in , accordance
with the procedure established by the Central
Election Commission;
19) perform other authorities according to
this and other laws of Ukraine.
2. The authorities of territorial election
commissions s hall enter into force on the
day following the day the decision on their
formation is adopted and shall terminate fifteen
days after the Central Election Commission
officially publishes the results of the elections
of the President of Ukraine.
Article 27. Authorities of the Polling Station
Election Commission
1. For the purposes of organizing the preparation
and holding of elections of the President
of Ukraine, the polling station election commission
shall:
1) exert control over compliance with, and
equal application of, the legislation regarding
the elections of the President of Ukraine;
2) receive the voter list from the territorial
election commission, compile the voter list
in the cases envisaged by this Law, verify
its accuracy, display it for public review
and, in cases envisaged by this Law, introduce
changes to it;
3) ensure that voters are given opportunities
to familiarize themselves with information
about all candidates, with their pre-election
programs, as well as with decisions adopted
by the Central Election Commission, by the
respective territorial election commission,
and with its own decisions and announcements;
4) in advance, distribute or send personal
invitations to voters indicating the date
of elections, the address of the voting premises,
the voting hours, and the number of the voter
on the list of voters in the election precinct;
5) ensure the preparation of the voting premises
and the preparation of ballot boxes;
6) upon a decision of the Central Election
Commission , in cases envisaged by this Law
, introduce changes into the election ballot;
7) organize the vote in the election precinct;
8) conduct the count of votes cast in the
election precinct, compile the protocol on
the results of the vote and submit it to the
appropriate territorial election commission;
9) declare the voting in the election precinct
invalid in the cases envisaged by article
80 of this Law;
10) consider appeals, statemens and complaints
regarding the introduction of changes to the
voter list, the organization and conduct of
the vote and count of the votes in the election
precinct, and within the limits of its authorities
take decisions on them; and
11) perform other authorities according to
this and other laws of Ukraine;
2. The authorities of polling station election
commissions shall enter into force on the
day following the day the decision on their
formation is adopted and shall terminate fifteen
days after the Central Election Commission
officially publishes the results of the elections
of the President of Ukraine.
Article 28. Organization of the Work of
Election Commissions
1. The main form of work of the election commission
shall be the session, which is called by the
chairperson of the commission, in case of
his/her absence, by the deputy chair, and
in case both the chair and deputy are absent,
by the secretary of the commission. The session
can also be called on the request of one-third
of its membership.
2. If necessary, the session of the election
commission may be called by the decision of
a higher - level election commission.
3. The first session of the election commission
is shall be called no later than on the third
working day after the day the commission was
formed, and the following sessions - when
necessary. In case the election commission
is formed concurrently with the formation
of the election precinct according to part
ten of article 20 of this Law, the first session
of the commission shall be called no later
than on the following working day after the
day of its formation.
4. The session of the election commission
shall have legal authority provided that no
less than two-thirds of its membership participates
in it.
5. The session of the election commission
shall be called with the mandatory notification
of all its members about the time, place and
agenda of the session.
6. As a rule, the members of the election
commission shall be provided with drafts of
the decisions of the commission and with necessary
materials no later than one day prior to the
day of holding the session of the commission.
7. The session of the election commission
shall be conducted by its chairperson or his/her
deputy; in case he/she fails to carry out
this function, the commission at its session
shall appoint from its membership a presiding
officer.
8. Upon a request from three of its members,
as well as upon a decision of a higher - level
election commission , the election commission
shall be obliged at its session to consider
issues , within the limits of its authorities,
within a three - days term, but no later than
on the day of elections, and if on the day
of elections, except for a polling station
election commission, - immediately. The polling
station election commission shall be obliged
at its session to consider the appeals it
has received on the day of elections or on
the day of the repeat voting immediately after
the end of the voting.
9. Members of higher - level election commissions,
candidates to the post of President of Ukraine,
their proxies, official observers from the
candidates for the post of the President of
Ukraine and, parties (blocs) - subjects of
the election process (altogether not more
than two persons from one candidate to the
post of President, and the party (bloc) that
nominated him/her), as well as official observers
from foreign countries and international organizations,
representatives of mass media (not more than
two persons from one mass media entity) shall
have the right to attend sessions of the election
commission, including during the count of
votes and the determination of the results
of the vote, as well as to be present in the
election precinct on the day of elections
or on the day of repeat voting, in the premises
where the voting is held, without obtaining
a special consent or invitation from a respective
commission.
10. Other persons, except for those specified
in part nine of this article , may only be
present at the session of a commission with
the consent or on the invitation of this commission
which has to be adopted as a decision on a
session of the commission. Presence in the
polling station during the vote of other than
the persons envisaged by part nine of this
article, shall be prohibited.
11. The election commission may adopt a motivated
decision to deprive the persons mentioned
in part nine of this article of the right
to attend its session if they unlawfully hinder
its conduct. Such a decision shall be made
by two-thirds of its membership.
12. At its session, the election commission
shall keep s minutes, which shall be signed
by the chairperson and secretary of the commission
(or by a person appointed at the session performing
the duties of the secretary). The minutes
of the session of the election commission
shall be provided to members of the commission
for their review no later than on the day
following the day of the session.
13. A decision of a commission shall be adopted
through open vote by a majority vote of the
total commission membership, except for cases
envisaged by this Law.
14. The decision of the election commission
on a considered issue shall have the form
of a written resolution which must contain
the name of the commission; the title of the
resolution; the date and place of its adoption
and a sequence number; a motivation part including
references to the circumstances that caused
the issue to be considered at the session
of the commission; references to specific
provisions of normative and legislative acts
or a resolution of a higher - level election
commission, or court decisions, which the
commission followed in the course of adopting
the resolution; a decision part. The resolution
shall be signed by the person presiding over
the session and by the secretary of the commission
(of the session). The commission may take
protocol decisions on issues related to its
everyday activity.
15. An election commission member, who participates
in its session but nevertheless disagrees
with the decision adopted by it, may express
a dissenting opinion in written form, which
shall be attached to the respective minutes
of the session of the election commission.
16. No later than on the morning on the day
following the day of a session, resolutions
adopted by the election commission shall be
posted on the stand for official materials
of the commission which must be located in
the premises of the commission, at a place
that is freely accessible to all visitors,
and shall also be brought to the knowledge
of all persons concerned.
17. Decisions of the election commission adopted
within the limits of its authorities shall
have binding force. No one has the right to
interfere with the activities of election
commissions, except in cases envisaged by
law.
18. A decision of an election commission that
contradicts the legislation of Ukraine or
has been adopted through abuse of its authorities
may be cancelled by a n election commission
of a higher level, or by a court. In such
a case the election commission of a higher
level has the right to take a decision on
the merits of the issue.
19. Members of the territorial and polling
station election commission shall have the
right to accept documents, statements and
complaints received by the respective commission.
All documents, statements and complaints are
subject to registration in territorial and
polling station election commissions in accordance
with the procedure established by the Central
Election Commission.
20. In order to resolve organizational, legal
, and technical issues connected with the
execution of its authorities envisaged by
this Law, an election commission may involve
appropriate specialists or technical workers.
21. State executive bodies and bodies of local
self-government, their officials and officers,
as well as state-run enterprises, institutions
and organizations shall be obliged to create
the appropriate conditions necessary for election
commissions to duly exercise their authorities.
Article 29. Legal Status of Members of Election
Commissions
1. The legal status of members of the Central
Election Commission shall be determined by
the Law of Ukraine "On the Central Election
Commission" and this Law.
2. The legal status of a member of a territorial
or polling station election commission shall
be determined by this Law.
3. A voter may be a member of only one election
commission that is engaged in preparing and
holding the elections of the President of
Ukraine, as well as the elections of people's
deputies of Ukraine, elections of deputies
of the Verkhovna Rada of the Autonomous Republic
of Crimea, deputies of local councils and
village, settlement and city mayors, in case
such elections are held concurrently with
the elections of the President of Ukraine.
4. Pursuant to the decision of the election
commission approved by an election commission
of a higher level, the chairperson, deputy
chair, secretary or other members of a territorial
election commission (in total not more than
four persons), and a polling station election
commission (in total not more than three persons)
may perform their authorities in the election
commission and receive payment for their work
during the entire term of the authority of
the election commission or during a part of
the term, in accordance with article 40 of
this Law. The aforementioned persons shall
be released from fulfilling their work or
service duties at their main place of work
with preservation of their respective tenure.
5. The member of the election commission shall
have the right:
1) to participate in the preparation of issues
to be considered by the election commission;
2) to speak at the sessions of the election
commission, place questions to other participants
of the session regarding the agenda, and introduce
proposals in relation to issues that are within
the competence of the commission;
3) on behalf of the respective election commission,
to check the activities of election commissions
of a lower level;
4) to have unimpeded access to the documents
of the election commission in which he/she
is a member, and also to the documents of
lower-level election commissions in the respective
territory; and
5) to indemnification for any losses caused
to his/her life, health or property in connection
with the performance of the duties as a member
of an election commission, according to the
procedure and to the extent and in an amount
established by legislation.
6. The member of the election commission shall
be obliged:
1) to comply with the Constitution of Ukraine
and , this and other laws of Ukraine in relation
to the preparation and conduct of elections;
2) to participate in the sessions of the election
commission; and
3) to carry out the decisions of the election
commission and to perform the duties laid
upon him/her according to their distribution
in the commission.
7. The member of the election commission shall
have other rights and duties according to
this and other laws of Ukraine.
8. While performing his/her duties, a member
of an election commission shall be prohibited
from campaigning for or against any candidate
to the post of the President of Ukraine, as
well as from public evaluation of the activities
of any candidate to the post of President
of Ukraine and any party (bloc) - subject
of the election process.
Article 30. Termination of the Authorities
of the Election Commission and its Members
1. The authorities of a member of the Central
Election Commission may be terminated according
to the procedure established by the Constitution
of Ukraine and the Law of Ukraine "On
the Central Election Commission".
2. The authorities of territorial or polling
station election commissions may be terminated
before term by the election commission that
formed such commission, either at its own
initiative or on the basis of a court decision
in case the commission has violated the Constitution
of Ukraine, this and other laws of Ukraine.
3. The authorities of a member of a territorial
or polling station election commission shall
be terminated concurrently with the termination
of the authorities of the respective election
commission.
4. The authorities of a member of a territorial
or polling station election commission shall
be terminated before term by the election
commission that formed such commission, in
connection with:
1) a personal application of resignation from
the commission member;
2) his/her withdrawal by the respective candidate
to the post of President of Ukraine;
3) termination of his/her Ukrainian citizenship;
4) departure outside the territorial election
district or the settlement for a period until
the election day, which makes it impossible
to perform his/her duties as member of the
commission;
5) systematic failure to perform the duties
laid on him/her, which must be acknowledged
by no less than two decisions in this respect
of the election commission of which such person
is a member;
6) his/her registration as a candidate to
the post of President of Ukraine, as a candidate
for people's deputy of Ukraine, as a candidate
for deputy of the Verkhovna Rada of the Autonomous
Republic of Crimea, as a candidate for deputy
of a local council, or as a candidate to the
post of village, settlement or city mayor,
provided such elections are held concurrently
with the elections of the President of Ukraine;
7) his/her registration as a representative
of a candidate to the post of President of
Ukraine to the Central Election Commission,
as a proxy of a candidate to the post of President
of Ukraine, or as a proxy of a candidate for
people's deputy of Ukraine or of a candidate
for deputy of the Verkhovna Rada of the Autonomous
Republic of Crimea, or of a candidate for
deputy of a local council, or of a candidate
to the post of village, settlement, or city
mayors, provided such elections are held concurrently
with the elections of the President of Ukraine;
8) his/her major or systematic violations
of the legislation of Ukraine on elections,
or a court decision or a decision of a higher-level
election commission;
9) the coming into legal force of a court
indictment against him/her for committing
a premeditated crime;
10) his/her inclusion in another election
commission of any level that prepares and
conduct s the elections of the President of
Ukraine, as well as elections of people's
deputies of Ukraine; elections of deputies
to the Verkhovna Rada of the Autonomous Republic
of Crimea; elections of deputies to local
councils, elections of village, settlement
and city mayors, provided such elections are
held concur ¬rently with the elections of
the President of Ukraine;
11) declaring him/her incapable or missing
without trace;
12) his/her death or declaring him/her dead.
5. If the circumstances envisaged by clauses
1, 3, 6, 7, 9 to 12 of part four of this article
occur, the authorities of the commission member
(commission members) shall be terminated from
the moment such circumstances occur or are
revealed, and if those circumstances envisaged
by clauses 2, 4, 5 and 8 of part four of this
article occur - from the moment the decision
on termination of the authorities of the commission
member is adopted.
6. The election commission that terminated
the authorities of an election commission
or a member of the election commission before
term, or which has revealed reasons for their
authorities to be terminated, shall inform
the respective proxy of the candidate to the
post of President of Ukraine about this no
later than the next day.
7. In case the authorities of an election
commission are terminated before term, the
respective election commission of a higher
level no later than on the seventh day from
the day of termination of the authorities
of the commission, but not later than one
day prior to the day of elections, shall approve
a new composition of the commission in accordance
with the procedure established by this Law.
8. In case the authorities of a member of
an election commission are terminated before
term, the respective election commission of
a higher level, no later than on the seventh
day from the day of termination of his/her
authorities, but not later than one day prior
to the day of elections, shall include another
person into its membership to replace the
one whose authorities have been terminated,
in accordance with the procedure established
by this Law. The subject of the election process,
who proposed to include the person whose authorities
have been terminated before term, into the
membership of the commission has the first
right to propose a candidacy for membership
of the commission instead of the one, which
was terminated. Such a proposal, if executed
according to the requirements of this Law,
may not be refused.
9. In the case the chairperson, the deputy
chair, or the secretary of the election commission
systematically fails to carry out his/her
duties, the territorial or polling station
election commission may apply to the election
commission which formed it with a motivated
decision requesting his/her (their) replacement,
if no less than two - thirds of the members
of the commission voted in support of such
decision. This decision shall be subject to
mandatory consideration within the terms specified
in part seven of this article. Such decision
shall not have the effect of terminating the
authorities of the aforementioned persons
as members of the respective election commission.
