Article 65. Guarantees of the Activities
of Candidates to the Post of President of
Ukraine
1 A candidate to the post of President of
Ukraine may not be denied to be released from
carrying out his/her work or service duties
at his/her place of work and to obtain unpaid
leave during the pre-election period.
2. From the moment the candidate to the post
of President of Ukraine is registered and
to the end of the election process, he/she
may not be dismissed from his/her work on
the initiative of the owner of the enterprise,
institution, establishment, organization or
of a body authorized by the owner or of the
commander of the military unit (formation).
A candidate may not be transferred to another
job, sent on a business trip or called up
for military or alternative (non-military)
service, training (testing) or special drills
of conscripts without his consent.
3. A candidate to the post of President of
Ukraine shall enjoy free travel by all means
of passenger transport (except taxi) on the
territory of Ukraine at the expense of funds
from the State Budget of Ukraine allocated
for the preparation and conduct of the elections
of the President of Ukraine.
4. The State shall provide security to the
candidates to the post of President of Ukraine
during the election process in accordance
with the Law of Ukraine "On the Security
of State Bodies and Officials provided by
the State".
Article 66. Authorized Representatives of
Candidates to the Post of President of Ukraine
1. A candidate to the post of President of
Ukraine registered with the CEC shall have
the right to delegate one authorized representative
to the CEC who shall represent his/her interests
at the CEC during the election process and
hold the right to an advisory vote.
2. A citizen of Ukraine who has the right
to vote may be the authorized representative
of a candidate to the post of President of
Ukraine in the Central Election Commission.
A member of an election commission, an offial
of bodies of the executive power or bodies
of local self-government, a military serviceman,
a serviceman from the rank or commanding staff
of bodies of the interior of Ukraine or the
Security Service of Ukraine, or a person,
who undergoes alternative (non-military) service
may not be the authorized representative of
a candidate to the post of President of Ukraine.
3. The application for registering a person
as authorized representative of a candidate
to the post of President of Ukraine, signed
and certified in accordance with the procedure
established by law, shall be submitted to
the Central Election Commission alongside
the application for registration of the candidate
to the post of President of Ukraine. The name,
surname and patronymic of the authorized representative,
his/her citizenship, the day, month and year
of birth, the place of work, the occupied
position (occupation), the place of residence
and the telephone number shall be indicated
in the application for registration of the
authorized representative of the candidate
to the post of President of Ukraine. The written
consent of this person to represent the interests
of the candidate to the post of President
of Ukraine in the Central Election Commission
shall be attached to the application.
4. The Central Election Commission shall no
later than the third working day after the
receipt of the documents indicated in part
three of this article register the authorized
representative of the candidate to the post
of President of Ukraine in the Central Election
Commission and issue him/her a certificate
according to the form established by the Central
Election Commission. In case the candidate
to the post of President of Ukraine is denied
registration (registration cancelled) the
powers of the authorized representative of
the candidate in the Central Election Com¬mission
shall be considered terminated from the moment
the indicated circumstances occur.
5. The authorized representative of a candidate
to the post of President of Ukraine shall
have the right from the day he/she is registered
by the Central Election Commission till the
termination of his/her powers or the completion
of the election process to be released from
his/her work or service duties without preservation
of salary with the consent of the owner of
the enterprise, institution, organization
or a body authorized by him.
6. The authorized representative of a candidate
to the post of President of Ukraine shall
have the right at any time prior to the day
of elections to address the Central Election
Commission with an application to terminate
his/her powers.
7. A candidate to the post of President of
Ukraine may at any time prior to the day of
elections or the day of repeat voting take
a decision to recall his/her authorized representative
and delegate another candidacy in stead of
him/her. The relevant application together
with a copy of the decision and other documents
shall be submitted to the Central Election
Commission in accordance with the procedure
established in part three of this article.
8. Based on an application submitted in accordance
with part six and seven of this article, the
Central Election Commission shall no later
that the third working day after its receipt,
or if submitted on the eve of the day of elections
- immediately, take a decision on canceling
the registration of the authorized representative
of the candidate. A copy of the decision shall
be issued to the authorized representative
of the candidate or sent to the address of
the candidate to the post of President of
Ukraine.
9. The certificate of the authorized representative
of a candidate to the post of President of
Ukraine, whose powers have been terminated
prior to the end of election process, shall
be returned to the Central Election Commission
immediately.
10. The authorized representative of a candidate
to the post of President of Ukraine in the
Central Election Commission shall be entitled:
1) to be present at all sessions of the Central
Election Commission during discussions of
issues related to the elections of the President
of Ukraine and to participate in the discussion
of them with the right of an advisory vote;
2) to familiarize him/herself with the content
of the minutes of the sessions of the Central
Election Commission, its decisions, and the
documents and materials based on which these
decisions were taken, and to receive copies
of these decisions;
3) to immediately familiarize him/herself
with the protocols, telephone messages, and
other official information which arrive to
the Central Election Commission from territorial
election commissions about the results of
the vote in the respective territorial election
district, as well as with the protocols of
the respective polling station election commissions
about the count of the votes in the election
precinct; and
4) to other rights envisaged by this Law.
Article 67. Proxies of the Candidate to
the Post of President of Ukraine
1. A candidate to the post of President of
Ukraine may have no more than five proxies
in the single nationwide election constituency,
and one proxy in each territorial election
district. The proxy of a candidate must comply
with the requirements indicated in part two
of article 64 of this Law.
2. The proxies of the candidate to the post
of President of Ukraine shall conduct the
campaign for his/her election as President
of Ukraine, assist the candidate to the post
of President of Ukrai¬ne in the election process,
and represent his/her interests in relation
to election commissions, other state bodies
and bodies of local self-government, the mass
media, public associations and voters.
3. The application for registering a person
as proxy of a candidate, signed by the candidate
to the post of President of Ukraine and certified
in accordance with the procedure established
by law, shall be submitted to the Central
Election Commission at any time after the
registration of the candidate. The name, surname
and patronymic of each proxy, his/her citizenship,
the day, month and year of birth, the place
of work, the occupied position (occupation),
place of residence and telephone num¬ber shall
be indicated in the application for registration
of the proxies. The written consent of these
persons to represent the interests of the
candidate to the post of President of Ukraine
in the respective election district shall
be attached to the application. The signatures
of the mentioned persons shall be certified
in accordance with the procedure established
by law.
4. The Central Election Commission shall no
later than on the third day after the receipt
of the documents mentioned in part three of
this article register the proxies of a candidate
to the post of President of Ukraine and issue
their certificates according to the form established
by the Central Election Commission to the
authorized representative of the candidate.
5. The proxy of a candidate to the post of
President of Ukraine shall have the right
from the day he/she is registered the Central
Election Commission till the termination of
his/her powers or the completion of the election
process to be released from his/her work or
service duties without preservation of salary
with the consent of the owner of the enterprise,
institution, organization or a body authorized
by him.
6. In case the registration of a candidate
to the post of President of Ukraine is cancelled,
the powers of the proxies of the candidate
shall be considered terminated from the day
the decision to cancel the registration was
taken.
7. The proxy of a candidate to the post of
President of Ukraine shall have the right
at any time prior to the day of elections
to address the Central Election Commission
with an application to terminate his/her powers.
8. A candidate to the post of President of
Ukraine may at any time prior to the day of
elections or the day of repeat voting take
a decision to recall his/her proxy and to
submit another candidacy in stead of him/her.
The relevant application together with the
written consent of the submitted candidacy
shall be submitted to the Central Election
Commission in accordance with the procedure
established in part three of this article.
9. Based on an application submitted in accordance
with part seven and eights of this article,
the Central Election Commission shall no later
that the third day after its receipt, or if
submitted on the eve of the day of elections
- immediately, take a decision on canceling
the registration of the proxy of the candidate.
A copy of the decision shall be issued to
the authorized representative of the candidate
or sent to his/her address.
10. The certificate of the proxy of a candidate
to the post of President of Ukraine, whose
powers have been terminated prior to the end
of election process, shall be returned to
the Central Election Commission immediately.
Article 68. Official Observers
1. Official observers from candidates to the
post of President of Ukraine and from the
parties (blocs) that nominated candidates
may take part in the election process. Official
observers from foreign states and international
organizations may observe the course of the
election process.
2. The powers of the official observers shall
commence from the day they are registered
by the respective election commission in accordance
with the procedure envisaged by this Law,
and shall terminate after the Central Election
Commission has determined the results of the
elections of the President of Ukraine.
3. The election commission, which registered
the official observer, may terminate his/her
powers before term in case facts of his/her
gross or continuous violation of the Constitution
of Ukraine and the laws of Ukraine are identified.
The decision to terminate the powers of an
official observer shall be motivated.
Article 69. Official Observers from Candidates
to the Post of President of Ukraine and from
Parties (Blocs) that Nominated a Candidate
1. A citizen of Ukraine who has the right
to vote and is not a member of election commission
may be an official observer from a candidate
to the post of President of Ukraine or from
the a party (bloc) that nominated a candidate
who was registered by the Central Election
Commission. A member of an election commission,
an official or officer of bodies of the executive
power and bodies of local self-government,
a servicemen from the rank or commanding staff
of bodies of the interior of Ukraine or the
Security Service of Ukraine, or a person who
undergoes alternative (non-military) service
may not be an official observer.
2. The territorial election commission shall
register the official observer from a candidate
to the post of President of Ukraine based
on a submission by the proxy of the candidate
in the respective election district signed
by this proxy.
3. The territorial election commission shall
register an official observer from a party
(bloc) that nominated a candidate to the post
of President of Ukraine based on a submission
from respectively the republican party branch
in the Autonomous Republic of Crimea, the
oblast, the Kyiv city or the Sevastopol city
party branch (branch of parties that are members
of the bloc) that nominated the candidate,
on the condition that these branches are registered
in accordance with the procedure established
by law, and it shall be signed by the head
of the respective party branch (branch of
the parties that are members of the bloc)
and certified with the seal of this party
branch (the seals of the respective branches
of the parties that are members of the bloc).
4. The submission for registration of official
observers shall contain their names, surnames
and patronymics, their citizenship, place
of residence and telephone numbers. A statement
of consent of these persons to be official
observers from the respective candidate or
from the respective party (bloc) shall be
attached to the submission.
5. The submission mentioned in parts three
and four of this article for registering an
observer from a candidate to the post of President
of Ukraine or a party (bloc) that nominated
a candidate, shall be submitted to the territorial
election commission no later than five days
prior to the elections.
6. The respective territorial commission shall
no later than on the day following the receipt
of the sub¬mission issue the official observers
a certificate according to the form established
by the Cen¬tral Election Commission.
7. The official observer shall be entitled:
1) to stay at polling stations during the
vote and observe the actions of the commission
members from any distance including when they
issue election ballots to voters and count
the votes without physically hindering the
work of the commission members;
2) to make photos, films, and audio and video
records;
3) to be present when the election ballots
are being issued to members of the polling
station election commission for organizing
the vote for voters beyond the polling premises
and during the conduct of such voting;
4) to be present, complying with the requirements
of this Law, at sessions of polling station
election commissions and territorial election
commissions in the respective territorial
election district, taking into account the
provisions established in part nine of article
28 of this Law, including to be present during
the counting of votes in the polling station
and the determination of the results of the
elections in the territorial election district;
5) to address the respective election commission
with a complaint about violations of this
Law in case such are detected;
6) to draw up acts on detected violations
of this Law, which shall be signed by him/her
and not less than two voters who certify the
fact of this violation, indicating their surnames,
names and patronymics and their addresses
of place of residence, and to submit it to
the respective election commission within
the terms envisaged by article 94 of this
Law;
7) to obtain copies of the protocols on the
transfer of election ballots and on the count
of votes as well as copies of other documents
envisaged by this Law; and
8) to have other rights envisaged by this
Law.
8. The official observer shall not have the
right:
1) to unlawfully interfere in the work of
an election commission or to take actions
which impede the pace of the election process
or hinder election commission members from
exercising their powers;
2) to mark an election ballot on behalf of
a voter (even if the voter should request
so); and
3) to be present in the polling booth (room)
for secret voting when a voter marks the ballot;
9. In case an official observer gravely or
systematically violates the requirements of
part eight of this article, the election commission
may take a decision following the procedure
envisaged by part eleven of Article 28 of
this Law, to deprive him/her of the right
to be present at the session of the election
commission.
10. A governing body of the republican in
the Autonomous Republic of Crimea, the oblast,
the Kyiv city or Sevastopol city branch of
a party (branches of parties that are members
of a bloc), or a proxy of a candidate to the
post of President of Ukraine on behalf of
the candidate shall have the right to recall
the official observer by way of addressing
the respective territorial election commission
with a written application for the termination
of his/her powers, and to submit documents
for the registration of another person in
accordance with the procedure established
by this Law.
11. The official observer shall have the right
at any time to address the territorial election
commission with a statement of termination
of his/her powers. The territorial election
commission shall based on such statement take
a decision, a copy of which shall be given
to the proxy of the candidate or sent to the
respective branch of the party (bloc).
Article 70. Official Observers from Foreign
States and International Organizations
1. Official observers from foreign states
and international organizations shall be registered
by the Central Election Commission. Proposals
concerning their registration shall be submitted
directly to the Central Election Commission
or via the Ministry of Foreign Affairs of
Ukraine no later than ten days prior to the
day of elections.
2. The Central Election Commission shall no
later than five days prior to the day of elections
take a decision on registering official observers
from foreign states and international organizations.
3. The Central Election Commission shall issue
certificates of the form established by it
to official observers from foreign states
and international organizations.
4. Official observers from foreign states
and international organizations shall exercise
their powers on the territory of Ukraine.
5. The official observer from a foreign state
or an international organization shall be
entitled:
1) to be present at meetings with voters held
by candidates to the post of President of
Ukraine, their proxies or representatives
of the parties (blocs) that nominated candidates,
at pre-election meetings and rallies, and
at sessions of election commissions;
2) to familiarize him/herself with pre-election
campaign materials;
3) to be present in polling stations during
the vote and count of votes, as well as during
the determination of the results of the elections
by territorial election commissions;
4) to make photos, films, and video and audio
recording;
5) to express his/her suggestions regarding
the administration of the elections to the
President of Ukraine and the improvement of
the legislation of Ukraine taking into account
international experience, and to hold press-conferences
complying with the requirements of the legislation
of Ukraine; and
6) to set up, together with other observers
from foreign states and international organizations,
ad hoc groups of observers, subject to approval
by the Central Election Commission, aimed
at coordinating their activities within the
powers envisaged by this Law;
6. Official observers from foreign states
and international organizations shall make
their observations individually and independently.
7. The Ministry of Foreign Affairs of Ukraine,
other bodies of the executive power, bodies
of local self-government and election commissions
are obliged to assist the official observers
from foreign states and international organizations
in exercising their powers.
8. Financial and material support to the activities
of official observers from foreign states
and international organizations shall be provided
at the expense of funds from the states or
organizations, which sent them to Ukraine,
or at these observers' own expense.
9. Official observers from foreign states
and international organizations shall not
have the right to use their status in activities,
which are not related to the observation of
the election process, nor to interfere in
the work of the election commissions.
