ARTICLE 23. Voting Divisions.
The territory of rayons, cities, city rayons,
settlements, and village councils shall be
divided into voting divisions for the purpose
of voting and tabulation of votes during the
referendum.
Voting divisions shall also be formed at military
units, for hospitals and other stationary
health care facilities, for people in regions
with difficult access, for vessels at sea
on referendum day. If there are proper conditions,
such divisions may be formed for representational
officers of Ukraine located abroad.
Voting divisions shall be formed by rayon,
city, city rayons, village, and settlement
Councils of peoples' deputies or by their
Chairpersons. The voting divisions for military
units shall be formed by appropriate Councils
of peoples' deputies or their Chairpersons
on the submission of commanders of those military
units.
Voting divisions for vessels at sea on referendum
day shall be formed by appropriate councils
of peoples' deputies or their Chairpersons
at the vessels' port. Such divisions for representational
officers, of Ukraine located abroad shall
be formed by Councils of peoples' deputies
or their Chairpersons on commission from the
Ministry of Foreign Affairs of Ukraine.
Voting divisions shall be formed no later
than one-and-a-half months prior to the All-Ukrainian
referendum, and 20 days prior to the local
referendum. Voting divisions for military
units, regions with difficult access, and
vessels at sea on the referendum day shall
be formed on the same terms, but in exceptional
cases - no later than five days before the
referendum.
Voting divisions shall be formed where 20
to 3000 citizens, who have the right to participate
in the referendum, are present and in exceptional
cases, with fewer or greater numbers.
The appropriate council of peoples' deputies
or its Chairperson shall inform citizens about
boundaries of each voting division with indication
of the location of voting division commission,
and premises for voting.
ARTICLE 24. Voting Commissions.
For the purpose of the preparation and conduct
of the All- Ukrainian referendum the following
commissions shall be formed:
Central Commission on All-Ukrainian referendum;
Commission of the Republic of Crimea on All-Ukrainian
referendum;
Oblast, rayon, city, city rayon, settlement,
and village commissions on referendum;
Division commissions on referendum.
Before the Central Commission on All-Ukrainian
referendum is formed, its functions shall
be executed by the Central Electoral Commission
on the elections of peoples' deputies of Ukraine.
For the purpose of preparation and conduct
of local referendum within administrative
and territorial units the following commissions
on the referendum shall be formed:
Oblast, rayon, city, city rayon, settlement,
and village commissions on referendum;
Division commissions on referendum.
In case two or more Referenda shall be announced
and conducted simultaneously, the commissions
formed in accordance with this law shall be
common for all simultaneously announced referendum.
Commissions on the referendum may be formed
on the basis of the existing electoral commissions.
If the referendum and the elections of peoples'
deputies or the President of Ukraine shall
be conducted at the same time, common commissions
on referendum and elections may be formed.
ARTICLE 25. The Formation of the Central
Commission on All-Ukrainian Referendum.
With the consideration of suggestions of committees
of political parties, mass movements, public
organizations, labor collectives or their
councils, professional and technical middle-level
and higher educational institutions, meetings
of citizens at their place of domicile, and
servicemen in military units, the Central
Commission on All-Ukrainian referendum shall
be formed by the Supreme Council of the Republic
of Crimea, oblast, Kyiv and Sevastopol city
Councils of peoples' deputies or their Chairpersons,
as well as on submissions from republican
bodies of political parties, mass movements,
public organizations, and All-Ukrainian referendum
initiative groups no later than one-and-a-half
months prior to the referendum, and includes
a Chairperson, Deputy Chairpersons, Secretary
and 27 members.
ARTICLE 26. Authority of the Central Commission
on All-Ukrainian Referendum.
The Central Commission on All-Ukrainian referendum:
1. registers the All-Ukrainian referendum
initiative groups;
2. organizes the preparation and conduct of
All-Ukrainian referendum;
3. exercises control over implementation of
this law within the entire territory of Ukraine
and secures its uniform application, provides
explanations on application of the Law, and
in case of necessity, applies to the Verkhovna
Rada of Ukraine for interpretations of this
Law;
4. directs the activity of the Commission
of the Republic of Crimea on All-Ukrainian
referendum, of oblast, rayon, city, city rayon,
settlement, and village commission on the
referendum, defines the procedure of their
membership changes;
5. distributes funds among commissions on
referendum; exercises control over provision
of referendum commissions with premises, means
of transportation and communication, and considers
other issues of material and technical support
for the referendum;
6. determines forms of lists of citizens,
who have the right to participate in the referendum,
of protocols of the sessions of referendum
documents, samples of ballot boxes and seals
of referendum commissions, and approves procedures
for the safekeeping of referendum documents;
7. gathers information from state and public
bodies of Ukraine on issues related to the
preparation and conduct of the referendum;
8. forms groups for the tabulation of votes
and determination of referendum results, determines
referendum results throughout Ukraine, publishes
referendum results in the press;
9. considers applications and complaints regarding
decisions and actions of referendum commissions,
and makes final decisions regarding these
issues;
10. administers other authorities in accordance
with this Law.
ARTICLE 27. The Formation of the Commission
of the Republic of Crimea on the All-Ukrainian
Referendum, and Oblast, Rayon, City, City
Rayon, Settlement, and Village Commissions
on the Referendum.
The commission of the Republic of Crimea on
the All-Ukrainian referendum shall be formed
by the Supreme Council of the Republic of
Crimea or by its Presidium no later than one-and-a-half
months prior to the All-Ukrainian referendum,
and includes 9-19 members.
Oblast, rayon, city, city rayon, settlement,
and village commissions on the referendum
shall be formed by an appropriate Council
of peoples' deputies or by its Chairperson,
no later than one-and-a-half months prior
to the All-Ukrainian referendum, and 25 days
prior to the local referendum, and includes
9-19 members.
The representatives of the referendum commission
shall be nominated by the Crimea Republic,
oblast, rayon, city, city rayon bodies of
political parties, mass movements, public
organizations, or their executive bodies,
by grass root party organizations, labor collectives
or their councils, professional and technical
middle-level and higher educational institutions,
by village, settlements, street, block, house
committees, by meetings of citizens at their
place of domicile, and servicemen in military
units.
The representatives of the membership of voting
division referendum commissions in labor collectives,
professional and technical middle-level and
higher educational institutions with more
than 200 persons on the list may be nominated
by the shop, department, sector, team of workers
or other subdivisions meeting if there are
no less than 20 persons on their list.
The Chairperson, Deputy Chairperson and Secretary
of the voting division referendum commission
shall be elected at its first session.
ARTICLE 28. Authority of the Republic of
Crimea Commissions on All-Ukrainian Referendum,
and Oblast, Rayon, City, City Rayon, Village,
and Settlement Commission on Referendum.
The Republic of Crimea commissions on All-Ukrainian
referendum, the oblast, rayon, city, city
rayon, village, and settlement commissions
on referendum:
1. organize the preparations and conduct of
All-Ukrainian referendum or appropriately
of local referendum, exercise within the territory
of Republic of Crimea, oblast, rayon, city,
city rayon, settlement and the village Council
the control over implementation of this law,
and secure its uniform application;
2. direct the activity of lower standing commissions
on referendum;
3. distribute funds among commissions on referendum;
exercise control over provision of referendum
commissions with premises, means of transportation
and communication, and consider other issues
of material and technical support for the
referendum;
4. hear the reports of voting division referendum
commissions, of heads of local state power
bodies, managers of enterprises, establishments
and organizations on issues, regarding the
preparation and conduct of referendum;
5. exercise control over the timely presentation
by voting division referendum commissions
the lists of citizens to general public;
6. secure the printing of ballots and their
supply to voting division referendum commissions;
7. form groups for tabulation of voters and
determination of referendum results, determine
referendum results throughout the territory
of the Republic of Crimea and an appropriate
Council of peoples' deputies;
8. determine the local referendum results,
conducted within the administrative and territorial
unit, where an appropriate commission on referendum
exercises activity;
9. consider applications and complaints regarding
decisions and actions of referendum commissions,
and make the final decisions regarding these
issues;
10. administer other authorities in accordance
with this Law.
ARTICLE 29. The Formation of Voting Division
Referendum Commission.
The voting division referendum commissions
shall be formed by rayon, city, city rayon,
settlement and the village Councils of peoples'
deputies or by their Chairpersons no later
than 40 days prior to an All-Ukrainian referendum
and 15 days prior to a local referendum, and
includes 5-19 members. In case of necessity,
the number of members of voting division referendum
commission may be increased or reduced by
the decision of an appropriate Council of
peoples' deputies or its Chairperson.
The representatives of the voting division
referendum commission shall be nominated by
rayon, city, city rayon committees of political
parties, mass movements, public organizations
or their executive bodies, by labor collectives
or their councils, by collectives of professional
and technical, middle-level, and higher educational
institutions, by settlement and village, street,
block and house committees, by meetings of
citizens at their place of domicile, and servicemen
in military units.
The representatives of the voting division
referendum commissions in labor collectives,
professional and technical, middle-level,
and higher educational institutions with more
than 200 persons on the list may be nominated
by the shop, department, sector, team of workers
or other subdivisions meetings, if there are
no less than 20 persons on their list.
The Chairperson, Deputy Chairpersons and Secretary
of the voting division referendum commission
shall be elected at its first session.
ARTICLE 30. Authority of the Division Commission
on Referendum.
The Division Commission on referendum:
1. posts the text of the draft law, resolution,
submitted to the Referenda, on the premises
of the voting station; provides citizens with
the possibility to inform them of the time
of preparation and conduct of the referendum,
and the day of voting;
2. compiles the list of citizens, eligible
to participate in the referendum, in the voting
division;
3. presents the voter list to the general
public, accepts and considers applications
regarding errors in the list and resolves
questions of making appropriate changes in
the list;
4. accepts ballots in closed envelopes and
secures the freedom of secret choice of those
citizens who have changed their place of domicile
in the period between presenting the lists
to the general public and the day of the referendum;
5. notifies the citizens of the date of the
referendum and of the voting station location;
6. ensures the preparation of premises for
voting and ballot boxes;
7. organizes voting in the voting station
during the day of the referendum;
8. forms the groups for tabulation of votes,
tabulates votes in the voting division;
9. considers and resolves applications and
complaints regarding preparation of referendum
and organization of voting;
10. fulfills other duties in accordance with
this law.
ARTICLE 31. Organization of the Work of
Referendum Commissions.
Meetings of the referendum commissions have
legal authority if no less than two-thirds
of the commission are in attendance.
Decisions shall be adopted by over majority
vote of those on the list. Members of the
commission who disagree with the adopted decisions
have the right to voice a separate opinion
which shall be attached to the written minutes
of the referendum commission meeting.
Decisions of the referendum commission, if
made within its authority, are binding upon
all state and public organization bodies,
enterprises, institutions and organizations.
Decisions and actions of the referendum commission
can be appealed to the higher referendum commission,
and in those cases, envisaged by this Law,
also to the court.
In accordance with the decision of the referendum
commission a person, who is its member, can
be exempted from work or fulfillment of duties
at his principal place of work during the
preparation and conduct of the referendum
period while retaining his average pay or
salary at the expense of the referendum fund.
ARTICLE 32. Assistance to be Provided to
Referendum Commissions in Administering their
Authority.
State and public bodies, enterprises, organizations
and officials must render all assistance to
referendum commissions in implementing their
authority, provide them with information and
materials necessary for their work.
On questions regarding the preparation and
conduct of the referendum, the referendum
commission has the right to seek assistance
from state and public organizations, enterprises,
institutions, agencies, and officials who
must consider the requests and respond to
referendum commissions within a three-day
period.
ARTICLE 33. List of Citizens Having the
Right to Participate in the Referendum.
Chairpersons of city, city rayon, settlement,
and village Council of peoples' deputies ensure
the registration of citizens, who have the
right to participate in the referendum, the
compilation of the appropriate lists, and
provide these lists to referendum division
commissions.
List of citizens, who have the right to participate
in the referendum, shall be compiled in every
voting division and shall be certified with
signatures by the Chairperson and the secretary
of the division referendum commission.
List of individuals currently serving in units
of the Armed Forces and who have the right
to participate in the referendum, as well
as their family members and other citizens
residing within military districts shall be
compiled from information supplied by commanders
of those military units, and servicemen who
live outside military districts shall be included
in lists of their place of residence.
Citizens' Lists in voting divisions of hospitals
and other stationary health-care facilities,
as well as for vessels at sea on referendum
day or for representational offices of Ukraine
abroad shall be compiled from the information
supplied by the administration of those institutions
or captains of those vessels.
All citizens of Ukraine who have the right
to participate in the referendum can be included
in the citizens list of only one division.
Citizens who live in the territory of a given
voting division who for any reason are omitted
from the list, shall be included in it by
the decision of the division referendum commission.
ARTICLE 34. Access of Citizens to Lists
and the Right to Appeal Inaccuracies in the
List of Citizens, who have the Right to Participate
in the Referendum.
Citizen lists shall be announced to the general
public no later than 10 days prior to the
referendum. Citizen lists for hospitals and
other stationary health-care facilities and,
in exceptional cases, for military units and
for vessels at sea or referendum day, shall
be presented to the general public two days
prior to referendum day.
On the premises of the division referendum
commission citizens shall have the guaranteed
opportunity to acquaint themselves personally
with the list and to check it for inaccuracies.
Every citizen has the right to file a complaint
regarding any omission, exclusion, or erroneous
inclusion in the list or other inaccuracies
concerning him or her personally. The complaint
regarding errors shall be considered by the
referendum division commission, which must
make appropriate corrections in the list or
provide the complainant with a formal letter
of explanation within 2 days and, or the eve
or day of the referendum. Such a decision
may immediately be appealed to a rayon (city)
court, which must consider it within a 3-
day period. In accordance with the rayon (city)
court decision, the referendum division commission
shall correct the voter list immediately.
ARTICLE 35. Guarantee of the Citizens' Right
to Participate in the Referendum when Place
of Residence is Changed.
If the citizen changes his or her place of
residence during the period between the submission
of the lists for publication and the referendum
day, the division referendum commission at
his or her request shall issue a ballot to
the citizen, who has the right to participate
in referendum, upon presentation of a passport
or other document verifying his or her identity.
The completed or stamped ballot box shall
be kept by the division referendum commission
until the referendum day.
ARTICLE 36. The Ballot.
The ballot shall contain the title of the
draft (drafts) of the law or resolution submitted
to the referendum, and the suggestion to answer
"yes" or "no" the question
about adoption or declining of this draft
(drafts).
If two or more questions shall be submitted
to the referendum, each of these questions
shall be on a separate ballot.
If two or more referenda shall be conducted
simultaneously, the ballot for each of them
shall be of a different color.
The content and the form of ballots for All-Ukrainian
or local referendum shall be determined respectively
by the Verkhovna Rada of Ukraine and by oblast,
rayon, settlement and may not contradict the
content of the draft question, formulated
in peoples' deputies or citizens' demand to
conduct a referendum.
Ballots should be printed in Ukrainian, and
in case of necessity, in other languages which
citizens of the voting division, who have
the right to participate in the referendum,
speak.
Ballots shall be handed over to the division
referendum commissions no later than 15 days
before All-Ukrainian referendum, and no later
than 10 days before the local referendum.
