Article 31. Procedure for Compiling the General
Lists of Voters
1. In order to prepare and conduct the vote,
executive bodies of village, settlement and
city councils (for cities having no district
councils), district councils within cities
or bodies (officials) who according to law
execute powers on their behalf, as well as
consular departments or other official representations
of Ukraine abroad, before July 1 st of the
year ordinary elections of the President of
Ukraine are held, shall compile the general
list of voters who permanently live on the
territory of the respective village, settlement,
city and district in city, using the information
kept by local bodies of the Ministry of Interior,
the Ministry of Justice, the State Tax Administration
about the permanent place of residence of
citizens, pursuant to the form established
by the Central Election Commission. Heads
of structural subdivisions of these bodies
shall be obliged to submit the information
necessary for compiling the general list of
voters at the request of the respective village,
settlement or city head, or head of the district
within a city.
2. The general list of voters shall include
citizens of Ukraine who currently are or,
on the day of elections will be eighteen years
of age and are eligible to vote, and permanently
reside in the respective territory as of the
day the list of voters is prepared.
3. After the formation of election precincts,
the executive bodies of village, settlement
and city councils (for cities having no district
councils) or district councils within cities
or bodies (officials) who according to law
execute powers on their behalf on the basis
of the respective general lists of voters
shall prepare the lists of voters for each
ordinary election precinct pursuant to the
form established by the Central Election Commission.
4. A voter may be included in the list of
voters in one election precinct only.
Article 32. Procedure for Compiling Lists
of Voters for the Conduct of the Vote for
Ordinary Election Precincts
1. Bodies specified under part three of article
31 of this Law shall no later than thirty-five
days prior to the day of elections submit
, the lists of voters for ordinary election
precincts, executed in two copies, to the
respective territorial election commission,
signed by the head of the respective village,
settlement or city council or head of the
district council within a city, or by a person
who according to law executes powers on their
behalf. The aforementioned official shall
be responsible for the timely submission of
the lists of voters to the territorial election
commissions, as well as for their authenticity.
The signature of the aforementioned official
shall be certified with the seal of the respective
body.
2. Military servicemen, members of their families
and other voters, who reside within dislocat
ions of military units (formations) and who
will vote in ordinary election precincts located
outside the dislocations of the military units
(formations), shall be included in the lists
of voters of respective election precinct
on the basis of information submitted by the
commanders of military units (formations)
to the bodies compiling the lists of voters
according to part three of article 31 of this
Law, no later than forty days prior to the
day of elections. The mentioned information
shall be submitted in one copy signed by the
commander of the military unit (formation)
and shall be certified with the seal of the
military unit (formation). The commander of
the military unit (formation) shall ensure
the timely submission of the mentioned information
to the respective bodies, as well as their
authenticity.
3. The list of voters shall contain the first
name, name and patronymic, year of birth (for
persons who currently are or on the day of
elections will be eighteen years of age -
also date and month of birth), and the address
of the voter's place of residence. If information
on the date and month of birth is missing
for any citizen, he/she shall be considered
born on January 1 of the respective year.
The list of voters shall contain respective
space for the signatures of the voters confirming
the receipt of the election ballot on the
day of elections , and for the signatures
of the member of polling station election
commission who issued the election ballot.
Voters shall be included in the list of voters
in a way that facilitates a swift conduct
of the vote.
4. If the territorial election commission
has not received the list of voters for the
ordinary election precinct within the term
envisaged by part one of this article, it
shall appeal to the local court on the inactivity
of the head of the respective village, settlement
or city council, or head of the district council
within a city, or of the person who according
to law executes powers on their behalf, in
accordance with the procedure envisaged by
this Law.
5. The territorial election commission shall
no later than thirty-one days prior to the
day of elections deliver the lists of voters
(in one copy) to the respective polling station
election commission of ordinary election precinct.
The territorial election commission shall
keep the second copy. At least three members
of the polling station election commission,
one of which shall be the chairperson of the
commission or, if impossible, the deputy chair
or the secretary of the commission , shall
receive the list of voters on behalf of the
commission. The fact of delivery of the lists
of voters to the polling station election
commission shall be formalized by an act completed
pursuant to the form established by the Central
Election Commission.
Article 33. Absentee Voting Certificates
1. A voter who leaves the populated area,
where he/she has been included in the lists
of voters in an ordinary election precinct,
later than thirty days prior to the day of
elections inclusive, or after the day of elections
prior to the day of the repeat voting , inclusive,
may apply to the polling station election
commission either in person or, in the case
specified in part eight of article 35 of this
Law, via another person, for his/her removal
from the list of voters. On the basis of such
application and one of the documents envisaged
by part two of article 2 of this Law, the
polling station election commission shall
issue an absentee voting certificate to the
voter or , in the case specified in part eight
of article 35 of this Law, to the person indicated
in the voter's application. Simultaneously,
the date of issuance and number of the absentee
voting certificate shall be recorded in the
respective list of voters, as well as the
signatures of the voter, or person who received
the absentee voting certificate and of the
member of the polling station election commission
who issued it. An absentee voting certificate
may not be issued on the day of elections
or on the day of repeat voting. In the event
a voter looses the absentee voting certificate,
it shall not be reissued.
2. Absentee voting certificates issued for
the day of elections or for the day of repeat
voting shall be of different forms. The Central
Election Commission shall establish the forms
of the absentee voting certificates no later
than sixty days prior to the day of elections.
Absentee voting certificates of both types
shall for each type have a uniform enumeration
on the whole territory of Ukraine, and is
a document subject to strict reporting.
3. The form of the absentee voting certificate
shall envisage space for the surname and signature
of the member of the polling station election
commission who issued the certificate, the
seal of the polling station election commission,
as well as the signature of the voter to whom
the absentee voting certificate was issued.
The absentee voting certificate shall not
be valid without the signature of the voter.
4. The procedure for producing absentee voting
certificates, for the receipt of absentee
voting certificates by the Central Election
Commission from the manufacturing enterprise,
and for the transfer of absentee voting certificates
to territorial election commissions shall
be established by the Central Election Commission.
5. The territorial election commission shall
transfer absentee voting certificate forms
to the polling station election commissions
of ordinary election precincts, together with
the lists of voters, in an amount not exceeding
four percent of the approximate number of
voters in the respective election precinct,
in accordance with the procedure specified
in part five of article 32 of this Law. The
fact of delivery of absentee voting certificate
forms to the polling station election commission
shall be formalized by an act completed pursuant
to the form established by the Central Election
Commission. Absentee voting certificates shall
not be issued to polling station election
commissions of special election precincts.
6. Absentee voting certificate forms shall
be transferred to polling station election
commissions of election precincts abroad created
in diplomatic and other official representations
and consular offices of Ukraine abroad, in
a quantity not exceeding one per cent of the
number of voters registered on the consular
record. An absentee voting certificate issued
in a polling station abroad shall be considered
reason for inclusion in the list of voters
in an ordinary election precinct only.
7. Absentee voting certificate forms that
have not been transferred to polling station
election commissions shall be kept by the
territorial election commission. On the basis
of a written motivated request from a polling
station election commission of an ordinary
election precinct, on the decision of the
territorial election commission the requested
additional number of absentee voting certificate
forms shall be transferred to th is polling
station election commission according to the
procedure established by this Law.
Article 34. Procedure for Updating the List
of Voters and for Access of Voters to it
1. After having received the list of voters
according to the procedure and terms envisaged
by part five of article 32 of this Law, the
election commission of an ordinary election
precinct shall place the list for public familiarization
at the premises of the polling station election
commission.
2. Each citizen of Ukraine shall have the
right to access the list of voters in the
premises of the respective polling station
election commission and check the correctness
of the information included therein. Any citizen
may complain to the polling station or territorial
election commission, or directly to a local
court with jurisdiction over the election
precinct against any inaccuracies committed
in the course of compiling the list of voters,
including omissions, improper inclusion in
the list of voters , or improper exclusion
from the list of voters, and may do so for
either himself/herself or other persons.
3. A citizen shall personally submit a complaint
to the election commission. A complaint executed
pursuant to the form specified under article
95 of this Law and submitted to the election
commission shall be considered at a session
of the commission, and, normally, in the presence
of the complainant. A complaint submitted
no later than one day before the day of elections
shall be considered within a three-day term
at the nearest session of the commission,
but no later than on the day preceding the
day of elections, and if submitted one day
before the day of elections, or to the territorial
election commission on the day of elections,
shall be considered - immediately. Based on
the results of the consideration of the statement,
the polling station election commission shall
take a decision on introducing changes to
the list of voters or a motivated decision
regarding the refusal of the complaint. A
copy of the motivated decision passed by the
election commission regarding the refusal
of the complaint shall be given to the complainant
no later than the next day after the day when
the decision was passed, and if such decision
was passed the day before the day of elections
or on the day of elections - immediately.
4. Complaints regarding the circumstances
envisaged by part two of this article submitted
on the day of elections shall not be accepted
or considered by the polling station election
commission.
5. A citizen may submit a complaint to a local
court regarding the circumstances envisaged
by part two of this article in accordance
with the procedure established by law. A complaint
submitted to a court before the day of elections
shall be considered within three days, but
no later than the day preceding the day of
elections, and a complaint submitted on the
day of elections - immediately, but not later
than the time the voting is completed.
6. The court shall take a decision regarding
a complaint of a voter against the issues
envisaged by part two of this article, based
on a determination of the place of residence
of the voter and observing the requirement
to include the voter in the lists of voters
in one election precinct only.
7. The polling station and territorial election
commissions shall have the right on the request
of a member of the commission, a candidate
to the post of President of Ukraine or a proxy
of the candidate, to apply to the respective
state executive bodies and bodies of local
self-government, and the heads of the respective
institutions and establishments, with a request
to gain access to examine documents containing
the information on the place of residence
of citizens or certifying their stay in the
respective institution or establishment. The
aforementioned bodies shall provide the mentioned
documents or their authenticated copies no
later than within three days after receiving
such a request from the polling station election
commission, but not later than one day prior
to the day of elections.
8. Polling station or territorial election
commissions shall take decisions regarding
any amendments to the list of voters based
on personal requests of citizens, proposals
submitted by the bodies or officials specified
under part one of article 31 and part two
of article 32 of this Law, and documents envisaged
by part seven of this article as well as notifications
received from territorial election commissions
regarding the inclusion of voters to the list
of voters in another election precinct specified
under parts six and thirteen of article 35
of this Law; and part twelve of this article.
The territorial election commission shall
give its decision to the polling station election
commission no later than on the day following
the day it was taken, and on the last day
before the day of elections and on the day
of elections - immediately. On the basis of
such a decision, the chairperson, deputy chair
or secretary of the election commission shall
introduce amendments to the list of voters
immediately after the end of the session of
the commission, at which such decision was
passed.
9. A voter who arrived to a populated area
other than his/her place of residence before
the day of elections or before the day of
the repeat voting inclusive, and according
to part one of article 33 was excluded from
the list of voters in his/her home ordinary
election precinct, shall be added by the chairperson,
deputy chair or secretary of the polling station
election commission of an ordinary election
precinct to the list of voters without a decision
passed by the commission, pursuant to his/her
written application, one of the documents
specified under part two of article 2 of this
Law, and a respective absentee voting certificate
which shall be attached to the list of voters.
An absentee voting certificate cannot be reason
for adding a voter to the list of voters in
any special election precinct (except for
the cases specified under article 35 of this
Law), as well as at any ordinary elec¬tion
precinct polling s tation of the same population
area where such absentee voting certificate
was issued.
10. In case of a court decision regarding
the introduction of amendments to the list
of voters the chairperson, deputy chair or
secretary of the election commission shall
execute such decision and introduce the respective
amendments into the list of voters immediately
upon receipt of the court decision.
11. When a voter is included in the list of
voters in the election precinct during the
process of updating it, the information about
him/her, envisaged in the form of the list
of voters , shall be included at the end of
the list of voters according to the documents
that constituted the basis for including the
voter in to the list of voters. During this,
the number of the absentee voting certificate,
the date and number of the resolution of the
polling station or territorial election commission
or the number of the court decision regarding
the inclusion of the voter in the list of
voters shall be recorded in the column next
to the surname of the voter.
12. If, in the course of considering the matter
of inclusion of a voter to the list of voters,
reasons were revealed for the possible inclusion
of this voter to the lists of voters at one
or more election precincts, the polling station
election commission shall, no later than the
next day after passing the decision on the
inclusion of the voter in the list of voters
in the respective election precinct, notify
the territorial election commission of the
election district to which this precinct polling
station is attributed, of the inclusion of
this person in the list of voters, as well
as of other possible places of his/her inclusion
in lists of voters. The territorial election
commission that has received such notice shall
ensure immediate transfer of this notice to
polling station election commissions where
the said person may be included in list of
voters.
13. Introduction of any amendments to the
list of voters after the end of the vote shall
be prohibited.
Article 35. Procedure for Compiling and
Updating the List of Voters in Special and
Foreign Election Precincts
1. The lists of voters in special (excluding
precincts located in stationary medical institutions)
and for ¬ eign election precincts shall be
compiled in the form specified in part three
of article 31 of this Law by the respective
polling station election commissions on the
basis of information submitted no later than
twenty days before the day of elections by
the head of the respective institution, establishment
s or representations, or by the captain of
the vessel or commander of the military unit
(formation) , where such election precincts
are formed.
2. The lists of voters in election precincts
formed at diplomatic and other official representations
and consular offices of Ukraine abroad, shall
include the employees of such representations
and institutions and members of their families,
as well as other citizens of Ukrainian living
or staying on the territory of the respective
foreign country, on the basis of the data
in the consular records as of the day of compilation
of the list of voters.
3. Lists of voters at special election precincts
formed in stationary medical institutions
shall be prepared in the form specified in
part three of article 31 of this Law by the
respective polling station election commissions
on the basis of the information submitted
no later than 10 days before the day of elections
or the day of repeat voting by the heads of
the respective institutions. Voters who are
to leave the medical institution before the
day of elections or the day of repeat voting
shall not be included in the list of voters
in such precincts. The aforementioned information
shall be submitted in one copy, signed by
the head of the stationary medical institution
and certified by the respective seal. The
head of the institution shall ensure that
the aforementioned information is submitted
in a timely manner to the polling station
election commission as well as ensure its
authenticity.
4. The polling station election commission
of a special or foreign election precinct
shall display the list of voters on the day
following the day the list of voters in the
precinct was compiled for public review in
the premises of the polling station election
commission.
5. In case a voter arrived at a stationary
medical institution later than ten days before
the day of elections or the day of the repeat
voting, but earlier than three days before
said day, the polling station election commission
shall introduce the respective changes to
the list of voters on the basis of a submission
provided by the head of the respective institution,
whose signature shall be certified by the
seal of the institution.
6. The polling station election commission
of a special election precinct shall notify
the territorial election commission of the
election district to which the election precinct
is attributed about the inclusion of each
voter in the list of voters in the respective
precinct, and about place where they are included
in the lists of voters according to their
place of residence. The territorial election
commission that received the aforementioned
notification shall ensure that it is immediately
transferred to the polling station election
commissions where such person is included
in the list of voters.
7. A voter who resides in the same populated
area where the medical institution of his/her
current stay is located may apply to the election
commission of the ordinary election precinct
where he/she was included in the list of voters
with statement about a wish to vote at the
place of his/her temporary stay in accordance
with the procedure, established in part one
of article 77 of this Law. In such a case,
he/she shall not be included in the list of
voters in the special election precinct.
8. A voter who was hospitalized in a stationary
medical institution located in another populated
area, three days or less prior to the day
of elections or the day of repeat voting,
may apply to the election commission of the
ordinary election precinct where he/she was
included in the list of voters, for being
issued an absentee voting certificate. The
head of the medical institution shall certify
the signature of the voter on the application.
The application must specify the person authorized
by the voter to receive the absentee voting
certificate.
9. A member of a polling station election
commission of a special election precinct
who is included in the list of voters in an
ordinary election precinct in another populated
area shall have a right to vote in the election
precinct where he/she is a member of the election
commission, on the basis of an absentee voting
certificate.
10. In case a special election precinct is
formed on an exceptional basis according to
part ten of article 20 of this Law, the lists
of voters shall be prepared by the polling
station election commission at the latest
4 days before the day of elections on the
basis of information submitted by the head
of the respective institution, establishment
or representation, or by the captain of the
vessel or commander of military unit (formation).
The said information shall be submitted to
the polling station election commission in
one copy signed by the head of such institution,
establishment or representation, or by the
captain of the vessel or commander of the
military unit (formation) and certified with
the respective seal.
11. A voter who arrived in an election precinct
abroad before the day of elections or the
day of repeat voting inclusive, shall personally
submit a written application to the respective
polling station election commission regarding
his/her inclusion in the list of voters in
this election precinct, along with the respective
absentee voting certificate and a passport
of a citizen of Ukraine for traveling abroad,
a diplomatic passport, a service passport,
a seaman's identity card or a crew member
's identity card.
12. A voter who arrived in an election precinct
abroad no later than seven days before the
day of elections or the day of repeat voting
without an absentee voting certificate, shall
personally submit a written application to
the respective polling station election commission
for his/her inclusion in the list of voters
in this election precinct, indicating his/her
place of residence, as well as a passport
of a citizen of Ukraine for traveling abroad,
a diplomatic passport, a service passport,
a seaman's identity card or a crew member
identity card.
13. When including persons in the list of
voters according to parts one to three, five,
ten and twelve of this article, on the basis
of the information submitted by the head of
the respective institution, establishment
, or representation, or by the captain of
the vessel or commander of the military unit
(formation), the polling station election
commission of the special or foreign election
precinct, shall notify the territorial election
commission of the election district to which
such election precinct is attributed, no later
than the next day after the completion of
the lists of voters in the respective election
precinct or after the inclusion of a voter
in the list of voters, about the inclusion
in the list of voters of the aforementioned
persons and about their place of residence.
14. The territorial election commission that
received a notification specified in part
thirteen of this article shall ensure that
this notification is immediately transferred
to the polling station election commission
of the home election precinct of the voter
who was included in the list of voters not
based on his/her place of residence. On the
basis of this notification the polling station
election commission shall immediately take
a decision regarding the exclusion of the
voter from the list of voters in this election
precinct.
Article 36. List of Voters for Repeat Voting
1. In order to conduct repeat voting, no later
than on the eleventh day after the day of
elections, a new copy of the list of voters
of the established form shall be prepared,
taking into account the corrections introduced
in it in accordance with the procedure established
by this Law.
2. The list of voters for repeat voting in
an ordinary election precinct shall be prepared
based on the list of voters prepared for voting
on the day of elections. For that purpose,
at the first session of the territorial election
commission held after the repeat vote has
been called, the packages containing the lists
of voters used on the day of elections shall
be opened, and this fact shall be acknowledged
by completing an act in the form established
by the Central Election Commission. Such an
act shall be signed by all the members of
the election commission present at the session,
as well as by the candidates, their proxies
and official observers from subjects of the
election process, and representatives of mass
media, who are present. After the preparation
of new copies of the lists of voters, the
list s of voters, which were used for voting
on the day of elections, shall be packaged
at a session of the polling station election
commission following the procedure envisaged
by part twelve of article 78 of this Law.
The prepared election lists shall be transferred
to the polling station election com ¬mis ¬sions
in accord ance with the procedure established
by this Law.
3. Persons, who will reach 18 years of age
prior to the day of elections inclusive and
reside on the territory of an ordinary election
precinct shall be additionally included in
the list of voters for repeat voting in the
respective election precinct.
4. Persons included in the list of voters
on the basis of absentee voting certificates
entitling them to vote on the day of elections
shall not be included in the list of voters
for repeat voting.
5. The polling station election commission
shall receive the list of voters for the repeat
voting from the territorial election commission
and shall display the list of voters for general
review no later than seven days before the
day of the repeat voting. Amendments to the
list of voters shall be made according to
the procedure established by articles 34 and
35 of this Law.
