Article 37. Financing the Elections of the
President of Ukraine
1. Expenses for the preparation and conduct
of the elections of the President of Ukraine
shall be covered exclusively at the expense
of funds from the State Budget of Ukraine
and from the cam¬paign funds of the candidates
to the post of President of Ukraine.
2. For financing his/her pre-election campaign,
a candidate to the post of President of Ukraine,
who has been registered by the Central Election
Commission, shall create his/her own campaign
fund, which shall be formed according to the
procedure established by this Law.
Article 38. Financial Support for the Preparation
and Conduct of the Elections of the President
of Ukraine at the Expense of Funds from the
State Budget of Ukraine
1. The Central Election Commission shall provide
financial support for the preparation and
conduct of the elections of the President
of Ukraine at the expense of funds from the
State Budget of Ukrai¬ne and shall be the
main administrator of those funds.
2. The amount of funds for the preparation
and conduct of the elections of the President
of Ukraine, on the proposal of the Central
Election Commission, shall be envisaged by
a separate line in the Law on the State Budget
of Ukraine.
3. The Central Election Commission and the
territorial election commissions shall allocate
expenses for the preparation and conduct of
the elections of the President of Ukraine,
including those for prin¬ting information
posters of the candidates to the post of President
of Ukraine, for publishing pre-election programs
of the candidates in mass media, and for buying
broadcasting time on radio and television,
according to budget schemes approved by the
Central Election Commission, of expenditures,
from the funds for the preparation and conduct
of the elections envisaged in the State Budget
of Ukraine.
4. Funds for the preparation and conduct of
the elections of the President of Ukraine,
envisaged in the State Budget of Ukraine,
shall be transferred to the Central Election
Commission within three days from the day
of the beginning of the election process.
5. The Central Election Commission shall adopt
standard rates of expenditures for the territorial
election commission and standard rates of
expenditures for the needs of polling station
election commissions, which must include,
in particular, expenses for the property rent
(lease) of the premises of election commissions,
costs for the utility of material and technical
means and remuneration for the work of the
members of election commissions.
6. The territorial election commission shall,
within ten days after its formation and on
the basis of the standard rates of expenditures,
draft a general estimate of expenditures for
the preparation and con¬duct of the elections,
which shall include its own expenditures and
expenditures for the needs of polling station
election commissions. The Central Election
Commission shall approve the general esti¬mate
of expenditures.
7. Financing of the election commissions shall
be provided according to the procedure established
by the Central Election Commission in cooperation
with the Ministry of Finance of Ukraine.
8. The territorial election commission shall,
no later than within seven days after the
day of the official announcement of the results
of the elections of the President of Ukraine,
return the funds to the State Budget of Ukraine
via the account of the Central Election Commission
that has not been utilized for the preparation
and conduct of the elections. The State Treasury
of Ukraine shall within three days notify
the Central Election Commission on the receipt
of such funds.
9. The territorial election commission shall,
within fifteen days after the day of the official
announ¬cement of the results of the elections,
draft a financial report on the receipt and
use of funds from the State Budget for the
preparation and conduct of the election of
the President of Ukraine and sub¬mit it to
the Central Election Commission according
to the procedure established by the Central
Elec¬¬tion Commission and using the form approved
by the Central Election Commission together
with the State Treasury of Ukraine.
10. The Central Election Commission and respective
bodies of the State Control and Audit Service
of Ukraine shall exercise control over the
adequate and appropriate use of funds from
the State Bud¬get of Ukraine allocated for
the preparation and conduct of the elections
of the President of Ukraine ac¬cording to
the procedure established by the Central Election
Commission in cooperation with the Ministry
of Finance of Ukraine.
11. Compensation to creditors for debts left
by territorial election commissions after
the termination of their authorities , given
that the financing of the elections of the
President of Ukraine within the funds envisaged
in the State Budget of Ukraine for the preparation
and conduct of the elections is incomplete,
shall be provided by the Cabinet of Ministers
of Ukraine prior to the end of next financial
year.
Article 39. Material and Technical Support
for the Preparation and conduct of the Elections
of the President of Ukraine
1. State executive bodies and bodies of local
self-government, their officials and civil
officers are obliged to assist the election
commissions in carrying out their authorities:
provide them with necessary premises, according
to the norms established by this Law and the
respective acts of the Central Election Commission
adopted according to it; ensure their security,
as well as the security of the election ballots
and other election documents; according to
the norms established by the Central Election
Commission provide them with means of transportation,
means of communication, facilities, inventory,
and office equipment, which must be returned
upon the termination of the authorities of
the election commissions. The Cabinet of Ministers
of Ukraine shall establish the procedure for
remuneration of the aforementioned services
and for compensation.
2. During the election process the election
commissions shall purchase goods and pay for
works and services for the purposes of the
preparation and conduct of the elections of
the President of Ukraine at the expense of
funds from the State Budget of Ukraine according
to the procedure established by the Cabinet
of Ministers of Ukraine.
Article 40. Payment for Work Performed by
Members of Election Commissions
1. Work performed by those members of election
commissions who exercise their authorities
in the election commission on a paid basis
shall be paid in the 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 from the State Budget of Ukraine
allocated for the preparation and conduct
of the elections.
2. The amount of salary of members of the
election commission who are relieved from
performing their work or office duties at
their main place of work cannot be lower than
their average salary at the main place of
work.
3. A one-time pecuniary bonus can be accrued
and paid out to members of the election commissions
within the limits of general savings on the
work remuneration fund, envisaged by the expenditure
estimate of the respective election commission
for the preparation and conduct of the elections
of the President of Ukraine, according to
the procedure established by the Central Election
Commission.
4. The remuneration of the work of election
commission members (including pensioners and
temporary unemployed persons) on the day of
elections and on the days of determination
of the voting results shall be carried out
in the amount and according to the procedure
established by the Cabinet of Ministers of
Ukraine.
5. The work of persons specified in part twenty
of article 28 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 from of the
State Budget of Ukraine allocated for the
preparation and conduct of the elections.
Article 41. The Campaign Fund of the Candidate
to to the post Post of President of Ukraine
1. The campaign fund of a candidate to the
post of President of Ukraine shall have an
accumulation account, to which funds intended
for financing the election campaign of the
candidate to the post of President of Ukraine
are transferred as well as running accounts,
from which the financing of election campaign
expenses are covered. Funds shall be transferred
to the running election accounts exclusively
from the accumulation account of the campaign
fund of the candidate.
2. The candidate shall open one accumulation
account of the campaign fund in a banking
institution of Ukraine located in the city
of Kyiv and shall open no more than one running
account in a banking institution located within
a territorial election district.
3. The accounts of the candidate's campaign
fund shall be opened in banking institutions
in the national currency.
4. The candidate shall open the accumulation
account of his/her campaign fund no later
than on the tenth day from the day the Central
Election Commission has registered him/her.
The copy of the decision of the Central Election
Commission about the registration of the candidate
to the post of President of Ukraine shall
constitute the grounds for opening an accumulation
account of the campaign fund of candidate.
A statement issued by the banking institution
confirming the opening of the accumulation
account shall constitute the grounds for opening
the running account of the campaign fund of
the candidate.
5. The procedure for opening and closing the
campaign fund accounts of a candidate shall
be established by the National Bank of Ukraine
in agreement with the Central Election Commission,
no later than one hundred and ten days prior
to the day of the elections.
6. Funds from the running campaign account
shall be spent exclusively in a cashless manner.
7. The bank institution shall provide services
related to the opening, closing and the maintenance
of the campaign fund free of charge. The banking
institution may neither charge nor pay interests
for the use of funds placed on the campaign
funds accounts.
8. The banking institution shall, no later
than next working day from the day the candidate
opens the fund account, notify the Central
Election Commission about the opening of the
account and its banking details.
9. The information about the opening of the
accumulation account of the respective campaign
fund and its banking details shall be published
once in the newspapers "Holos Ukrainy"
and "Uriadovy Courier" at the expense
of funds from the State Budget of Ukraine
allocated for the preparation and conduct
of the elections. Further information about
the banking details of the accumulation account
shall be published in print press at the expense
funds from the respective campaign fund.
10. The spending of funds from the running
campaign fund accounts shall be discontinued
at 15 hrs of the last day before the day of
elections or the day of the repeat voting.
11. In case repeat voting is scheduled , the
use of funds from the campaign funds of those
candidates who are included in the election
ballot for the repeat voting shall be resumed
beginning from the day the decision to include
them in the election ballot for repeat voting
is made.
12. The banking institution shall close campaign
fund accounts on the fifteenth day from the
day of the official announcement of the results
of elections or, for those candidates who
were not included in the election ballot for
repeat voting, from the day of the announcement
of the decision to call the repeat voting.
13. Freezing funds allocated at the accounts
of the campaign fund before the day of the
elections or before the day of the repeat
voting shall be prohibited.
Article 42. The administrators of the campaign
funds
1. A candidate to the post of President of
Ukraine shall , among his/her proxies , appoint
no more than two administrators of the accumulation
account of the campaign fund, who shall have
the exclusive right to dispose of the funds
that are credited to the accumulation account
in compliance with the laws of Ukraine. The
administrators of the accumulation account
of the campaign fund are obliged to keep a
record of the receipt of funds credited to
the accumulation account, and of their distribution
between the current accounts.
2. A candidate to the post of President of
Ukraine shall appoint one administrator of
the running campaign fund account in each
respective territorial district, who will
have the exclusive right to dispose of the
funds from the respective current campaign
fund account. The administrators of the running
accounts shall ensure the compliance with
the financial discipline and appropriate use
of funds from the campaign fund, and keep
the record of the use of funds from the respective
running campaign fund account.
3. The banking institution in which the accumulation
or running campaign fund account has been
opened shall provide the administrator, on
a weekly basis or subject to his/her request,
with information about the amounts and sources
of contributions that have been credited to
the campaign fund accounts, about the flow
of funds, and also about the balance on the
account.
4. The administrator of the running campaign
fund account shall, no later than on the seventh
day after the day of the elections, submit
a financial report about the use of funds
from the respective running campaign fund
account to the administrator of the accumulation
account of the campaign fund.
5. The administrator of the funds of the accumulation
campaign fund account shall, no later than
on the fifteenth day after the day of the
elections (in case the candidate is included
in the election ballot for repeat voting -
no later than on the fifteenth day after the
day of the repeat voting), submit the financial
report about the receipt and use of funds
from the campaign fund to the Central Election
Commission.
6. The Central Election Commission shall adopt
the form of the financial report no later
than eighty days prior to the day of elections.
Article 43. Procedure for Establishing the
Campaign Fund and the Use of its Funds
1. The campaign fund of the candidate to the
post of President of Ukraine shall be established
out of his/her own private funds, the funds
of the party (parties that are members of
the election bloc) that no¬minated the candidate,
as well as voluntary contributions from physical
persons.
2. The candidate's campaign fund shall be
no greater than fifty thousand times the minimum
wage. For those candidates included on the
ballot for repeat voting, the upper limit
of the campaign fund shall be increased by
fifteen thousand times the minimum wage.
3. A voluntary contribution from a physical
person to the campaign fund of one candidate
may not exceed twenty-five thousand times
the minimum wage.
4. The following persons shall be prohibited
from making voluntary contributions to the
campaign fund:
1) foreign citizens and persons without citizenship;
2) anonymous contributors (who do not indicate
the information envisaged by part five of
this article in the payment document).
5. A voluntary contribution from a physical
person to the campaign fund shall be accepted
by a banking institution or post office, provided
that the person submits one of the documents
specified in part two of article 2 of this
Law. The surname, name and patronymic, the
date of birth, and the address of the permanent
residence of the person must at the same time
be stated in the payment document.
6. The banking institution or post office
shall transfer the voluntary contribution
to the accumulation account of the campaign
fund no later than next working day after
the day it received the respective payment
document. The overall term for the cashless
transfer of a contribution to the campaign
fund account may not exceed two banking days.
7. The administrator of the accumulation account
of the campaign fund may refuse a contribution
from a physical person, whereas he/she files
the respective request and payment document
to the ban¬king institution in which the campaign
fund account was opened. Such contribution
shall be returned to the person at the expense
of the voluntary contribution, and, if such
return is impossible, shall be credited to
the State Budget of Ukraine.
8. In the event a voluntary contribution from
a physical person is received which exceeds
the limited amount established by part three
of this article, the surplus of the established
amount of the contribution, on the basis of
the respective request and payment document
filed by the administrator of the accumulation
account of the campaign fund, shall be returned
to the individual by the banking institution
in which the account of the campaign fund
was opened at the expense of these funds and,
if such return is impossible, shall be credited
to the State Budget of Ukraine.
9. The administrator of the accumulation account
of the campaign fund shall refuse the contribution
of a physical person who, according to this
Law, is not entitled to make such contribution,
should the administrator be aware of such
fact. On the basis of the request by the administrator
of the accumulation account to refuse the
contribution due to such reason, the banking
institution, in which the campaign fund account
was opened, shall credit this contribution
to the State Budget of Ukraine. If the campaign
fund administrator becomes aware of the fact
that the physical person who made the contribution
had no right to do so, he/she is obliged,
within 3 days from the day he/she became aware
of this, to refuse to accept such contribution
by transferring the respective funds to the
State Budget of Ukraine.
10. The Central Election Commission and banking
institution in which the campaign fund account
was opened shall exercise control over the
receipt, records and use of funds from the
campaign funds according to the procedure
established by the Central Election Commission
jointly with the National Bank of Ukraine
and a central body of the executive in charge
of communication issues no later than one
hundred and ten days prior to the day of elections.
11. Funds from the campaign fund not used
by a candidate to the post of President of
Ukraine no¬mi¬na¬ted by a party (bloc) shall,
upon his/her written request , which shall
be certified according to the procedure established
by law and within ten days after the official
announcement of the election results submitted
to the banking institution, be transferred
to the running account of the respective party
(parties that are members of the bloc) within
five days after the day such request was received.
In case the candidate fails to submit the
request within this term, the banking institution
shall irrevocably transfer the unused funds
of the campaign fund to the State Budget of
Ukraine on the fifteenth day after the day
the Central Election Commission officially
announces the results of the elections, or
(for candidates, who were not included in
the election ballot for the repeat voting)
the publication of the decision to call repeat
voting. Funds of the campaign fund which remain
unused by the self-nominated candidate to
to the post of President of Ukraine, shall,
no later than on the tenth day after the official
promulgation of the voting results, be transferred
to the State Budget of Ukraine.
12. In case the decision to register a candidate
to the post of President of Ukraine is cancelled,
the balance on his/her campaign fund shall,
not earlier than on the tenth day after the
day the respective decision was announced,
be irrevocably transferred to the State Budget
of Ukraine.
13. A contribution that arrived to the campaign
fund after the day of elections, (in case
the candidate was included in the election
ballot for repeat voting –after the day of
repeat voting), shall be returned by the banking
institution to the respective physical person
at the expense of the contribution and, in
case such return is impossible, shall be transferred
to the State Budget of Ukraine.
14. The Central Election Commission shall
publish information about the size of the
campaign funds of the candidates to the post
of President of Ukraine and the financial
reports on how they have been used in the
newspapers "Holos Ukrainy" and "Uriadovy
Courier" no later than on the eighteenth
day after the day of elections.
