of December 19, 2019 No. 396-IX
This Code according to the Constitution of Ukraine determines guarantees of the right of citizens for participation in elections, regulates preparation and elections of the President of Ukraine, People's Deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, regional, district, rural, settlement, city, district councils in the cities, rural, settlement, city Chapters.
Book the first. General part
1. Elections in Ukraine are the main form of national declaration of will, method of direct implementation of the power by the Ukrainian people.
2. Elections are free and happen on the basis of general, equal and direct suffrage by secret vote.
1. Preparation and elections are regulated by the Constitution of Ukraine, this Code, the laws of Ukraine "About Central Election Commission", "About the State register of voters", other laws of Ukraine, and also other acts of the legislation and acts of Central Election Commission adopted according to it.
1. According to the Constitution of Ukraine in Ukraine such types of elections are carried out:
1) election of the president of Ukraine;
2) elections of People's Deputies of Ukraine;
3) local elections:
a) elections of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea;
b) elections of deputies of village, settlement, city council;
c) elections of the rural, settlement, city head;
d) elections of deputies of regional council;
") elections of deputies of regional council;
e) elections of deputies of district council in the city (in the cities where district councils in the city are formed);
e) No. 805-IX is excluded according to the Law of Ukraine of 16.07.2020
2. Election of the president of Ukraine and elections of People's Deputies of Ukraine are nation-wide elections.
Nation-wide and local elections can be next or extraordinary.
The regular local elections are held at the same time in all territory of Ukraine, except for the restrictions set by the law.
Early local elections are held in case of early termination of powers of separate local government bodies and/or rural, settlement, city Chapters
3. Nation-wide elections can be held along with the local referendum, early, repeated, intermediate, first, additional local elections.
4. The regular and early nation-wide elections cannot be held along with the All-Ukrainian referendum, other regular or early nation-wide elections, the regular local elections.
1. The terms determined in this Code are estimated in calendar days.
2. In some cases, provided by this Code, are estimated advanced in years and months, and also in hours or minutes.
3. In the first afternoon the term estimated in days which according to this Code shall begin in connection with approach of certain event is the day following after day of approach of the specified event.
4. Last afternoon the term estimated in days which according to this Code shall end in connection with approach of certain event is the day preceding day of the specified event.
5. Last afternoon the estimated term advanced in years which according to this Code shall begin or end in connection with approach of certain event is day which comes in the corresponding month and number when there was event, through assigned amount of years after or before event respectively.
6. Last afternoon the term estimated in months which according to this Code shall begin or end in connection with approach of certain event is day which comes in the corresponding number when there was event, through assigned amount of months after or before event respectively.
1. In the afternoon in which there take place elections ballot day on these elections is (election day). In the ballot day (day of repeated vote) on elections Sunday is.
Early local elections, intermediate, the first, by-election are held twice a year - last Sunday of March and the last Sunday of October.
If the last Sunday of March or the first Sunday of October to which are appointed extraordinary local intermediate, the first or by-election, falls on the holiday or day of religious holiday determined non-working according to the labor law, the following local elections are appointed to the next Sunday.
In year of carrying out the regular local elections all local elections are carried out once a year - in day of carrying out the regular local elections - the last Sunday of October of the fifth year of powers of the local councils and rural, settlement, city heads elected on the last regular elections.
2. Ballot day on elections is determined according to the Constitution of Ukraine and this Code. In the cases determined by the Constitution of Ukraine, this Code or the law in ballot day on elections it is determined by the subject of their appointment.
3. For separate types of elections this Code provides day of repeated vote.
1. The voting rights of citizens of Ukraine are guaranteed by the Constitution of Ukraine and this Code of their participation right in elections which are held in Ukraine.
2. The basic voting rights of citizens of Ukraine include:
1) the right to choose freely (voting power on elections);
2) the right to be elected.
3. Citizens of Ukraine have as well other participation rights in the electoral process connected with their basic voting rights.
4. The voting rights of citizens of Ukraine are performed in the amount and procedure provided by the electoral laws.
1. Elections in Ukraine are general. Citizens of Ukraine which on ballot day performed 18 years have the right to vote.
2. The citizen recognized by court incapacitated has no right to vote.
3. Citizens of Ukraine who have the right to vote are voters.
4. The basis of realization by the voter of the voting power on elections is its inclusion in the electoral register on the polling precinct according to this Code.
5. On elections of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea voters whose selective address is carried to the territory of the Autonomous Republic of Crimea have the right to vote.
On elections of deputies of village, settlement, city council, the rural, settlement, city head voters whose selective address is carried to the territory of the corresponding territorial community have voting power.
On elections of deputies of village, settlement, city council of territorial community and the rural, settlement, city head voters whose selective address is carried to the territory of the corresponding territorial community have voting power.
On elections of deputies of regional council voters whose selective address is carried to the territory of one of territorial communities of the respective area have the right to vote.
On elections of deputies of regional council voters whose selective address is carried to the territory of one of territorial bulks of the respective area have the right to vote.
On elections of deputies of district council in the city (in the city with district division where district councils in the city are formed) voters whose selective address is carried to the territory of the respective area in the city have voting power.
On by-election of deputies of village, settlement council voters whose selective address is carried to the territory of territorial community which joined other territorial community according to the procedure, determined by the Law of Ukraine "About voluntary consolidation of territorial communities" have voting power.
6. The citizen's belonging to the corresponding territorial community and its accommodation in the corresponding territory are determined by its selective address (except the cases provided by the law).
7. Military personnel of conscription service, citizens of Ukraine who live abroad and also persons recognized by court incapacitated, and citizens of Ukraine who according to the court verdict are in places of detention are considered not relating to one territorial community and have no right to vote on local elections.
8. Any straight lines or indirect privileges or restrictions of the voting rights of citizens of Ukraine on signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property status, the residence, disability and state of health, on language or other signs are forbidden. Restrictions concerning participation of citizens of Ukraine in the electoral process, except the restrictions provided by the Constitution of Ukraine and this Code are not allowed.
9. For the purpose of realization of the voting rights voters with violation of health (in connection with disability, temporary disorder of health, I will increase) have the right to providing with smart device according to individual requirements for free participation in the electoral process according to the procedure determined by this Code.
1. The document which confirms the personality and citizenship of Ukraine of the voter is:
1) the passport of the citizen of Ukraine (in the form of passport book or card);
2) the temporary certificate of the citizen of Ukraine (for persons which are recently accepted in citizenship of Ukraine);
3) card (reference) of organization of execution of punishments or the pre-trial detention center which shall contain: surname, name, middle name, number, month, year of birth, nationality, the photo of person, the signature of the head and seal of organization (for persons which are in organizations of criminal executive system);
4) the passport of the citizen of Ukraine for trip abroad;
5) diplomatic passport;
6) service passport;
7) the military ID (for the military personnel of conscription service).
2. The documents specified in Items 1, 2 and 7 parts one of this Article are the basis for receipt of the ballot and can be used on regular and special polling precincts. during vote on nation-wide elections
3. The document specified in Item 3 parts one of this Article is the basis for receipt of the ballot and can be used on the special polling precinct formed in organization of execution of punishments or the pre-trial detention center during vote on nation-wide elections.
4. The documents specified in items 4 - 6 parts one of this Article, are the basis for receipt of the ballot and can be used on foreign polling precincts, and also on the special polling precincts formed in the courts which are in swimming under National Flag of Ukraine and at the polar station of Ukraine during vote on nation-wide elections.
5. On the foreign polling precincts formed in the states to which departure of citizens of Ukraine according to the passport of the citizen of Ukraine is resolved by the basis for receipt of the bulletin there can be passport of the citizen of Ukraine.
6. The documents specified in Items 1, 2 parts one of this Article are the basis for receipt of the ballot and can be used on regular and special polling precincts during vote on local elections.
1. Voters have the right:
1) to be members of the electoral commissions organizing preparation and carrying out the corresponding elections;
2) to receive and distribute information concerning preparation and carrying out the corresponding elections;
3) to participate in carrying out election propaganda on the corresponding elections;
4) to perform observation of carrying out the corresponding elections;
5) to appeal violations of the voting rights, other own personal rights and legitimate interests connected with participation in the electoral process.
2. The rights specified in part one of this Article are performed by voters in the amount and procedure established by the legislation on elections.
3. Submission to Central Election Commission, district, territorial election commission of documents on realization by voters of the participation right in the electoral process is considered the consent of the corresponding persons to processing of their personal data in the amount established by the legislation on elections.
1. Requirements to candidates are established by the Constitution of Ukraine and this Code.
2. For the purpose of verification of presence or lack of the bases for decision making about registration or about refusal in registration of the candidate on the corresponding elections the Central Election Commission, territorial election commission at local elections can request and gratuitously receive from the Ministry of Internal Affairs of Ukraine, the Ministry of Foreign Affairs of Ukraine, the Public porubezhny service of Ukraine, Public judicial administration of Ukraine, the National agency concerning prevention of corruption, and in case of need - from other state bodies information necessary for conducting such check.
Subjects to which the specified request is addressed shall instantly, but no more than within two days from the date of its receipt to provide to the electoral commission the relevant information concerning data about disposals of person proposed as the candidate out of limits of Ukraine for permanent residence, the termination of citizenship of Ukraine by it, availability or lack of criminal record, departure from Ukraine and entry into Ukraine during the time established by this Code before ballot day, judgment availability about recognition of person incapacitated.
3. Not receipt of reply to the request is not the basis for suspension or prolongation of the terms established by this Code for acceptance by Central Election Commission, territorial election commission of the decision on registration or about refusal in registration of the candidate on the corresponding elections. Revenues to request of Central Election Commission, territorial election commission of the answer which confirms availability of the circumstances depriving person proposed as the candidate on the corresponding elections, the rights to be elected after adoption by the relevant electoral commission of the decision on registration of such candidate are the basis for decision making about cancellation of registration of the corresponding candidate.
1. Citizens of Ukraine who are voters have the right of promotion of candidates on elections which is implemented by them through political parties (further - batches) and their local organizations or by self-promotion according to the procedure, established by this Code.
1. Elections are held on the basis of equal suffrage. Citizens of Ukraine participate in elections on an equal basis.
2. Each voter has one voice on each elections in which he has the right to participate.
The voter can use the voice only on one polling precinct where it is included in the electoral register. In case of simultaneous carrying out different elections the voter can exercise voting power only on one polling precinct, general for all elections held at the same time.
The voter exercises voting power during elections according to the procedure, established by this Code.
3. All candidates registered according to the procedure, established by this Code, have the equal rights in the electoral process of elections on which they are pushed, and participate in this process on the conditions equal for the corresponding elections.
4. All batches (the organization of batch) which acquired the status of the subject of the electoral process according to this Code have the equal rights and opportunities to participate in the electoral process of the corresponding nation-wide (local) elections according to the procedure and in the limits set by this Code.
5. The equal rights and opportunities of candidates, batch (the organization of batch) - subjects of the electoral process to take part in the electoral process of the corresponding elections are provided:
1) prohibition of privileges or restrictions of candidates depending on the subject of promotion, on signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property status, the residence, disability and state of health, on language or other signs;
2) prohibition of intervention of public authorities, authorities of the Autonomous Republic of Crimea, local government bodies, their officials and officials in the electoral process, except for implementation of the powers provided by this Code;
3) the equal and impartial relation of public authorities, authorities of the Autonomous Republic of Crimea, local government bodies, state and municipal companies, institutions, organizations, organizations, their official and officials to candidates, batches (the organization of batch) - subjects of the corresponding electoral process;
4) use prohibition for financing of election propaganda of other means, except means of the election fund of batch (the candidate, the organization of batch);
5) the equal and unbiassed relation of mass media, news agencies of candidates, batches (the organization of batch) - subjects of the electoral process.
6. Mass media, news agencies perform informing on the course of the electoral process, the events connected with elections on the principles of balance, reliability, completeness and accuracy, objectivity of the distributed information, availability with observance of requirements of the legislation on information and on mass media, regulations of journalistic ethics.
1. Elections which are regulated by this Code are straight lines. Voters elect the President of Ukraine, People's Deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, local councils, rural, settlement, city heads, is direct by vote for candidates (the electoral lists of the candidates) registered according to the procedure, established by this Code. Election results are determined directly following the results of vote of voters.
1. Elections in Ukraine are free. Conditions for free forming of the will and its free expression during the vote are provided to citizens of Ukraine.
2. Citizens of Ukraine have the right to agitate freely for or against candidates, batch (the organization of batch) - subjects of the corresponding electoral process, freely and to comprehensively discuss election programmes of candidates, batches (the organization of batch), political, business and personal qualities of candidates. Candidates, batches (the organization of batch) - subjects of the corresponding process can freely carry on election propaganda with observance of requirements of this Code.
3. Use of violence, threats, deception, bribery or any other actions interfering free forming and free expression of will of the voter is forbidden.
4. The military personnel (except the military personnel of military units (forming) deployed outside Ukraine and in other cases provided by this Code) votes on the regular polling precincts located outside military units (forming).
5. For providing conditions for free declaration of will by the serviceman of conscription service in ballot day leave for participation in vote for four hours at least during time of the vote determined by this Code is granted.
1. Participation of citizens of Ukraine in elections is voluntary. Nobody can be forced to participation or nonparticipation in vote on elections, and also in promotion of candidates, in election propaganda, in other selective actions or in implementation of other selective procedures provided by this Code.
1. Vote on elections is secret. Control of content of declaration of will of voters, establishment or disclosure of content of declaration of will of the specific voter is in any manner forbidden.
2. Members of the electoral commissions, official observers, representatives of mass media, other persons are forbidden to make any actions or to disclose data which give the chance to establish content of declaration of will of the specific voter.
1. Each voter votes on elections personally. Vote for other persons or transfer by the voter of voting power to any other person is forbidden.
2. The help to the voter who owing to disability and/or the state of health cannot independently fill in the ballot or lower him in the ballot box, in accomplishment of these actions according to its declaration of will in the cases established by this Code it is not considered violation of the requirement of personal vote.
1. The Central Election Commission can make the decision on implementation of innovative technologies, technical and software during the organization and elections in the form of carrying out experiment or pilot project in the relation:
1) votes of voters on the polling precinct by means of technical means and software (machine vote);
2) carrying out counting of votes by means of technical means for electronic counting of votes;
3) creation of protocols on counting of votes, results and results of vote with use of information and analytical system.
2. The experiments or pilot projects specified in part one of this Article are conducted on the certain polling precincts determined by Central Election Commission along with elections on these polling precincts with observance of all requirements and procedures for the corresponding elections and vote of voters by method and according to the procedure, determined by this Code.
3. Results of the experiments or pilot projects provided by part one of this Article are used for provision of suggestions for improvement of the legislation on implementation of innovative technologies, technical and software during the organization and elections.
4. Results of carrying out the experiments or pilot projects provided by part one of this Article and also any data received during their carrying out cannot be used for establishment of results of vote or election results, appeal of decisions, actions or divergence of subjects of the electoral process.
5. In case of the decision making provided by part one of this Article, the Central Election Commission shall provide realization and protection of the voting rights of citizens of Ukraine who vote on the polling precincts on which the experiments or pilot projects provided by part one of this Article are made without narrowing their amount.
6. Carrying out the experiments or pilot projects provided by part one of this Article shall not lead to creation at voters of perverse impression about replacement of the selective procedures of the corresponding elections provided by this Code by procedures of the corresponding experiment or pilot project.
7. The Central Election Commission shall provide informing voters who vote on the polling precincts on which the experiments or pilot projects provided by part one of this Article that acceptance by voters of participation in pilot experiment or the project does not create legal consequences concerning establishment of results of vote or election results are made does not create the bases and cannot be used for appeal of decisions, actions or divergence of subjects of the electoral process.
8. Central Election Commission, district and territorial election commissions (according to the decision of Central Election Commission if technically possible) provide interaction with batches (the organizations of batches), candidates concerning use of the innovative technologies provided by this Code, by means of electronic services according to the procedure, provided by this Code. The procedure for use of electronic services is established by this Code.
9. In case of provision in the electoral commissions of the documents provided by this Code through electronic services such documents shall conform to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services".
10. The documents provided by this Code can move in the electoral commission in electronic form taking into account the features provided by this Code. In that case documents shall conform to requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services". Responsibility for reliability of copies of the documents submitted to the electoral commissions in electronic form carries person who imposes the qualified digital signature on the document.
1. The voting rights of citizens of Ukraine are protected by the law. Citizens have right of defense of the voting rights and other participation rights in the electoral process by appeal of violations in the relevant electoral commissions or judicially. Perpetrators bear responsibility for violation of the voting rights of citizens according to the procedure, established by the law.
2. Providing conditions for realization of the voting rights of citizens, respect for the basic principles of the voting right, proper implementation of the selective procedures and mechanisms provided by this Code exact and reliable establishment of election results is guaranteed.
3. Persons guilty of violation of the law about elections, the voting rights of voters, candidates, batch (the organization of batch) - subjects of the electoral process, are brought to criminal, administrative or other liability according to the procedure, established by the law.
1. The electoral process is implementation during the period of time established by this Code by the subjects determined by Article 22 of this Code, the selective procedures connected with preparation and carrying out the corresponding elections, establishment and the official announcement (official promulgation) of their results.
The electoral process is continuous and cannot be cancelled, stopped or postponed.
In case of introduction in Ukraine or in its certain areas of military or extraordinary condition the electoral process of nation-wide elections and/or the electoral process of the corresponding local elections which happen in these territories or their part stops from the date of entry into force of the corresponding presidential decree of Ukraine.
After entry into force of the corresponding presidential decree of Ukraine the Central Election Commission makes the decision on the termination of the electoral process in all territory of Ukraine or in its certain areas to which determines procedure for completion of the selective procedures which were begun within the corresponding electoral process.
After the termination or cancellation of action of the mode of warlike or emergency state the course of the corresponding electoral process suspended with respect thereto is started anew.
The decision on calling of an election which electoral process was stopped or did not begin in connection with introduction of warlike or emergency state, is accepted by appropriate subject of their appointment no later than month from the date of the termination or cancellation of warlike or emergency state and if for elections by the law it is not required the separate solution on their appointment, on the beginning of the corresponding electoral process the Central Election Commission no later than month from the date of the termination or cancellation of warlike or emergency state announces.
1. The electoral process of each elections provided by this Code is performed on the principles:
1) sales warranties of the voting rights of the citizens determined by the Constitution of Ukraine and this Code;
2) respect for the basic principles of the voting right determined by the Constitution of Ukraine and this Code;
3) legality and prohibition of illegal intervention someone in the electoral process;
4) political pluralism and multi-party system;
5) publicity and openness of the electoral process, all its procedures taking into account the restrictions set by the law, proper informing voters and other subjects of the electoral process;
6) freedoms of election propaganda, equal access for all candidates and subjects of their promotion on the corresponding elections to mass media irrespective of their pattern of ownership, except mass media which founders are batches (the organization of batch);
7) impartiality of executive bodies, authorities of the Autonomous Republic of Crimea, local government bodies, the companies, organizations and the organizations, their heads, others official and officials to candidates, batches.
2. Requirements of article 9 of the Law of Ukraine "About personal data protection" concerning the notification of the Representative of the Verkhovna Rada of Ukraine for human rights on processing of personal data do not extend to the legal relationship arising during the electoral process namely to implementation of processing of the personal data by the electoral commissions, legal entities and physical persons in connection with preparation, representation and document handling provided by this Code.
1. Subject of the electoral process of the corresponding elections is:
1) the voter who has the right to vote on the corresponding elections;
2) the electoral commission, authorized to perform preparation and carrying out the corresponding elections;
3) batch (the organization of batch) which proposed candidates on the corresponding elections;
4) the candidate registered for participation in the corresponding elections according to the procedure, established by this Code;
5) the official observer from the candidate or batch (the organization of batch) - appropriate subject of the electoral process or from public organization, registered according to the procedure, established by this Code.
2. The candidate whose registration is cancelled on the bases and according to the procedure the established this Code, loses the status of the candidate on the corresponding elections from the date of following behind day of the expiration of appeal of such decision, or, in case of appeal, from the date of, the introduction following behind day in legal force of the relevant decision of court.
3. The batch (the organization of batches) to which it is refused registration of all candidates proposed by it or at which registration of all candidates proposed by it on the corresponding elections on the bases and according to the procedure, established by this Code is cancelled loses the status of the subject of the electoral process of the corresponding elections from the date of following behind day of the termination of term of appeal of the decision on refusal in registration (registration cancellation) of all list or the last candidate from the list or, in case of appeal, from the date of, the introduction following behind day in legal force of the relevant decision of court.
4. Precinct election commissions at the same time are subjects of all electoral processes, in the organization and which carrying out they take part.
1. Preparation and elections, provided by this Code, are performed publicly and openly.
2. For the purpose of ensuring public and open nature of the electoral process the electoral commissions will organize preparation and carrying out the corresponding elections:
1) inform citizens on the structure, the location and operating mode, on constituencies and the polling precincts, on basic rights of voters, including on the right of appeal of illegal decisions, actions or failure to act of the electoral commissions and their members, executive bodies, authorities of the Autonomous Republic of Crimea and local government bodies, companies, organizations and organizations, their heads, others official and officials who violate or limit the voting rights;
2) provide opportunity for acquaintance of voters, other subjects of the corresponding electoral process with electoral registers, election programmes of batches (the local organizations of batches), candidates, the electoral lists of batches (the organizations of batches), the information about candidates;
3) is explained to voters by voting procedure, including procedure for filling of ballots;
4) will be promulgated by results of vote and results of the corresponding elections;
5) provide other information in the cases and procedure provided by this Code.
3. Decisions of public authorities, authorities of the Autonomous Republic of Crimea and local government bodies which concern elections are brought by them to the attention of citizens according to the procedure, established by the legislation.
4. All decisions of Central Election Commission are instantly published on its official website with possibility of viewing, copying and printing of information, and also in the form of the data set organized in format which allows its automated processing by electronic means (mashinoschityvaniye) for the purpose of reuse.
District electoral commissions of nation-wide elections provide all the decisions in Central Election Commission electronically no later than the day following after day of their acceptance. The specified decisions of district electoral commissions will be promulgated on the official website of Central Election Commission after their receipt with possibility of viewing and listing of information.
Territorial election commissions will promulgate the decisions on the official websites (in the presence), websites of the relevant local councils (in the presence) or the different way determined by this Code.
District and territorial election commissions provide all the decisions for promulgation on official websites of the relevant regional or territorial representative offices of Central Election Commission no later than the day following after day of their acceptance. The specified decisions district and territorial election commissions will be promulgated on official websites of the relevant regional or territorial representative offices of Central Election Commission.
5. When carrying out nation-wide elections foreign diplomatic organizations of Ukraine under which foreign polling precincts are formed provide promulgation on the official websites or another available to citizens of Ukraine which live or are in the territory of the corresponding foreign state, method of data on time and the place of vote, about the location of the relevant electoral commissions and rooms for vote, about procedure and circulation periods to precinct election commissions, concerning inclusion of the voter in the electoral register on the foreign polling precinct, about voting procedure and procedure for filling of ballots.
6. The national agency concerning prevention of corruption provides promulgation in public part of the Unified state register of the reporting of political parties on property, the income, expenses and obligations of financial nature, financial statements on receipt and use of means of the election funds provided by managers of the corresponding election funds.
The national agency concerning prevention of corruption exercises control of timeliness of representation of arrival reports and use of means of the election funds on the nation-wide and local elections included their completeness and reliability in them the data.
7. Bodies of National police of Ukraine a day before the ballot day will promulgate on official websites preliminary data on the number of the registered addresses on violations of the electoral laws during the corresponding electoral process and explanation of responsibility for violation of the legislation on elections. Within ten days after the ballot day the National police of Ukraine provides promulgation on the official website of the generalized data on the number of the begun criminal proceedings and the number of the addresses registered by bodies of National police of Ukraine connected with violation of the law about elections to time of the corresponding electoral process.
1. Executive bodies, including the central executive body realizing state policy in the sphere of treasurer servicing of budgetary funds, financial accounting of accomplishment of budgets, the central executive body which realizes state policy in the sphere of state registration of legal entities of the public forming which do not have the status of the legal entity and physical persons entrepreneurs, and also courts, the electoral commissions, bodies of maintaining the State register of voters, law enforcement agencies (prosecutor's office, National police of Ukraine, the Security Service of Ukraine) will organize the work during the electoral process, including on the weekend and in ballot day so that to provide protection of premises of the electoral commissions, and also protection of ballots and other selective documentation, acceptance and consideration of documents on preparation and elections, actions for declaration, claims and timely carrying out calculations, implementation of the corresponding registration actions in the terms and methods established by this Code.
1. The system of the territorial organization of nation-wide elections is constituted:
1) single nation-wide constituency;
2) territorial constituencies;
3) the polling precincts.
2. The system of the territorial organization of local elections is installed by this Code.
3. The system of the territorial organization of each type of elections is determined by this Code.
1. The single nation-wide constituency (further - the nation-wide district) includes all territory of Ukraine and the foreign constituency (further - the foreign district).
2. The nation-wide district is used for preparation, the organization and carrying out nation-wide elections.
3. The foreign district includes all foreign polling precincts formed according to this Code.
The decision on creation of the foreign constituency is not made.
1. For preparation, the organizations and carrying out nation-wide elections by Central Election Commission are formed territorial constituencies (further - territorial districts) which exist on permanent basis.
The procedure for formation of such territorial districts change of their borders and centers is established by Central Election Commission.
2. Territorial districts are formed within the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol.
3. Borders of territorial districts are determined taking into account borders of administrative and territorial units.
Formation of the territorial district from the territories which are not adjoining among themselves is not allowed.
4. The territorial district is determined by the territory within which there are polling precincts which are its part.
5. The center of the territorial district is the administrative and territorial unit on the location of district electoral commission.
As an exceptional case for providing the proper organization of work of district electoral commission its location can be changed by Central Election Commission and be out of the respective territorial district.
6. In case of formation of the territorial district the decision concerning its center is at the same time made.
7. Borders, the center of the territorial district change Central Election Commission.
1. Preparation of the organization and carrying out vote and counting of votes, are performed on the polling precincts which are formed by Central Election Commission or district electoral commission according to this Code and exist on permanent or temporary basis.
2. The polling precincts which exist on permanent basis will be formed and liquidated by Central Election Commission in the procedure established by it.
3. The polling precinct can be regular, special or foreign.
4. The polling precincts are formed numbering from twenty to two thousand five hundred voters.
The polling precincts share on:
1) small - numbering voters up to 500 people;
2) averages - numbering voters from 500 to 1500 people;
3) big - numbering voters more than 1500 people.
5. If in the corresponding territory, in the relevant organization or institution there are less than 20 voters, according to the decision of Central Election Commission in the corresponding territory, in the relevant organization or institution the polling precinct can be formed with the smaller number of voters, than the threshold value established by paragraph one of part four of this Article. Foreign polling precincts, and in exceptional cases - regular polling precincts, can be formed with number more, than two thousand five hundred voters.
6. Regular and foreign polling precincts exist on permanent basis. The special polling precinct can exist on permanent or temporary basis in the cases provided by this Code.
7. Each polling precinct has sequence number, the room address for vote and the location (the room address) of the precinct election commission. The room for vote and the room of the precinct election commission can have the identical address.
Requirements to the room of the precinct election commission and the room for vote are established by Central Election Commission taking into account requirements of this Code.
8. Modification of the list of the polling precincts which exist on permanent basis, descriptions of their borders address modification of the location, temporary closure, liquidation, and also entering of other changes into data on the polling precincts is performed by Central Election Commission in the procedure established by it.
1. The regular polling precinct is intended for the organization and carrying out vote of voters in the place of their residence.
2. The regular polling precinct has the territory with certain borders and sequence number which are determined by Central Election Commission.
3. Regular polling precincts are used for preparation, the organization and carrying out vote on nation-wide and local elections.
1. Special polling precincts are formed in stationary institutions of health care, in organizations of execution of punishments, pre-trial detention centers, in courts which in ballot day are in swimming under National Flag of Ukraine, at polar stations of Ukraine and in other places of temporary stay of voters with limited traficabilities.
Formation of one special polling precinct for two and more organizations or institutions is not allowed.
The Central Election Commission can form permanent special polling precincts in stationary healthcare institutions, at polar stations of Ukraine, in organizations of execution of punishments, pre-trial detention centers.
2. Special polling precincts are formed so that voters could vote, without breaking the mode of stay in organization (institution).
For the purpose of providing the mode of stay of voters in the corresponding institution (organization) education in one institution (organization) more than one special polling precinct is allowed.
3. The special polling precinct is determined by institution, organization, the vessel, the polar station of Ukraine, military unit (forming) in which it is formed. The special polling precinct has the sequence number, the address (location) of organization, polar station of Ukraine, the place of dislocation of military unit (forming) determined by Central Election Commission or district electoral commission or is characterized by the name and vessel's home port.
4. Special polling precincts which exist on a temporary basis are formed on nation-wide elections by district electoral commissions not later than thirty days till ballot day at election of the president of Ukraine and not later than nineteen days till ballot day on elections of People's Deputies of Ukraine based on representations of district, district public administrations or executive committees of city councils of the cities in the cities regional (republican the Autonomous Republic of Crimea) values which form affirms Central Election Commission. The specified representations shall arrive in the relevant district electoral commission not later than thirty five days till ballot day at election of the president of Ukraine and not later than twenty four days till ballot day on elections of People's Deputies of Ukraine.
5. As an exceptional case in case of formation of new stationary institution of health care, organization of execution of punishments, the pre-trial detention center or other institution (organization) with temporary stay of voters with limited traficabilities, unforeseen exit in navigation of the vessel under National Flag of Ukraine, in the territory of military unit (forming) the special polling precinct can be formed by Central Election Commission not later than ten days till ballot day on representation according to district electoral commission or the Ministries of Defence of Ukraine.
6. For preparation and carrying out vote and counting of votes on local elections special sites which exist on permanent basis in stationary healthcare institutions are used.
1. The foreign polling precinct is intended for the organization and carrying out vote of voters who live or on the date of carrying out vote on elections are in the corresponding territory of foreign state.
2. Foreign polling precincts are formed by Central Election Commission under foreign diplomatic organizations of Ukraine, in military units (forming) deployed outside Ukraine.
3. The foreign polling precinct has rooms for vote in foreign diplomatic organization of Ukraine or in the place of dislocation of military unit (forming) outside Ukraine.
4. The foreign polling precinct has sequence number, the room address for vote and the address of the room of the precinct election commission of the foreign polling precinct.
5. Foreign polling precincts are used for preparation and carrying out vote on nation-wide elections.
1. Ukraine is created and the electoral commissions as independent bodies of administration of the electoral processes provided by this Code which it agrees the to powers are effective provide implementation certain with the Constitution of Ukraine and this Code of the basic principles of the voting right, the principles of the electoral process, realization of the voting rights of citizens of Ukraine, preparation and elections.
2. Treat the electoral commissions:
1) Central Election Commission;
2) district electoral commissions;
3) territorial election commissions;
4) precinct election commissions.
3. The electoral commissions act on the basis of the, within powers and method which are established by the Constitution of Ukraine, this Code and the laws of Ukraine.
4. Nobody has the right to interfere with activities of the electoral commissions, in particular with the solution of the questions carried to their powers except the cases provided by the law.
5. The system of the electoral commissions of each type of elections is determined by this Code.
6. In case of carrying out in the corresponding territory of nation-wide elections along with local elections precinct election commissions at local elections within this territory are not formed, their powers carry out the respective precinct election commissions at nation-wide elections.
1. The electoral commissions are special collegiate organs, authorized to organize preparation and elections and to provide realization of the voting rights of citizens of Ukraine, observance and uniform application of the electoral laws.
2. The status of Central Election Commission is determined by the Constitution of Ukraine, this Code, the Law of Ukraine "About Central Election Commission" and other laws.
The Central Election Commission heads system of the electoral commissions providing the organization of preparation and carrying out nation-wide elections and is the commission of the highest level concerning all district, precinct election commissions and all electoral commissions at all local elections. The Central Election Commission performs powers of district electoral commission in the foreign district of nation-wide elections.
3. District electoral commissions within the powers determined by this Code provide the organization of preparation and carrying out nation-wide elections in borders of the respective territorial districts of nation-wide elections.
District electoral commissions are the commissions of the highest level concerning all precinct election commissions within the respective territorial districts of nation-wide elections.
4. Territorial election commissions within the powers determined by this Code provide the organization of preparation and carrying out local elections.
Territorial election commissions are the commissions of the highest level concerning all precinct election commissions at the corresponding local elections.
5. Precinct election commissions within the powers determined by this Code provide the organization of preparation and carrying out nation-wide and local elections within the respective polling precincts.
6. District electoral commissions, territorial election commissions are legal entities, except the cases provided by the paragraph the second this part.
District electoral commissions are formed without registration by their legal entities in case of creation of territorial representative offices of Central Election Commission and assignment of functions on them financial and material logistics of district electoral commissions.
The Central Election Commission is not legal successor district or territorial election commissions.
7. Precinct election commissions are not legal entities. Financial and material logistics of activities of the precinct election commission during the corresponding electoral process the relevant district electoral commission (territorial representative office of Central Election Commission) or territorial election commission according to the procedure, established by this Code performs.
8. District and precinct election commissions are temporary bodies which arise during preparation and carrying out the corresponding elections taking into account requirements of this Code. Territorial election commissions are permanent bodies.
Members of territorial election commission perform the powers to sformirovaniye according to the procedure, provided by this Code, new structure of the relevant territorial election commission. Territorial election commissions can be liquidated in case of corresponding change of the administrative-territorial device.
9. The electoral commissions have own seals which sample affirms Central Election Commission.
10. For organizational, legal, information, technical supply of implementation of the powers provided by this Code, the electoral commissions can attract for the period of the electoral process based on civil agreements of the corresponding specialists, experts, technical workers according to the procedure, established by Central Election Commission.
11. Public authorities, authorities of the Autonomous Republic of Crimea, local government bodies, their official and officials, and also the state companies, organizations and the organizations shall create proper conditions for implementation by the electoral commissions, and in case of education - territorial representative offices of Central Election Commission of their powers.
1. The citizens of Ukraine having the right to vote according to article 70 of the Constitution of Ukraine can be part of the electoral commission.
2. If the electoral process of elections or process of referendum are carried out at the same time, the voter can be part only of one electoral commission, commission of All-Ukrainian or local referendum.
3. Candidates on the corresponding elections cannot be part of the electoral commission (all elections which electoral processes are carried out at the same time), their authorized representatives, representatives in the electoral commissions, authorized persons (representatives) of batch (the organization of batch), official observers, official and officials of public authorities, authorities of the Autonomous Republic of Crimea and local government bodies, judges, employees of courts and law enforcement agencies, and also citizens who contain in organizations of execution of punishments or pre-trial detention centers or have criminal record for making of heavy or especially serious crime or criminal offense against the voting rights of citizens or corruption criminal offense or criminal offense against bases of homeland security of Ukraine, the stipulated in Article 111-1 Criminal code of Ukraine, if this criminal record is not extinguished or not removed in the procedure established by the law.
4. Workers of the corresponding institution or organization cannot enter into structure of the precinct election commission of the special polling precinct formed in stationary institution of health care or in organization of execution of punishments or the pre-trial detention center.
5. The electoral commission which forms the relevant electoral commission or creates its structure, along with education or forming of structure appoints the chairman, the vice-chairman, the secretary of such electoral commission.
6. The secretary of the electoral commission shall know state language.
1. Acquisition and the termination of the status of the legal entity by district (territorial) electoral commission is performed according to the procedure, determined by the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming".
2. District (territorial) electoral commission acquires the status of the legal entity from the date of state registration of the legal entity.
3. For state registration of the legal entity the commission chairman, and in case of its absence - the vice-chairman of the commission, and in case of absence of the chairman and the vice-chairman of the commission - the secretary of the commission no later than for the fourth day from the date of formation of the commission submit personally to the subject of state registration in the location district or territorial election commission the copy of the relevant resolution of Central Election Commission or territorial election commission of the highest level on creation of the commission and the statement for state registration of creation of the legal entity. State registration of district (territorial) electoral commission as legal entity is performed in day of receipt of documents for carrying out state registration of the legal entity.
4. The status of district (territorial) electoral commission as legal entity stops from the date of entering into the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming of record about the termination of the legal entity.
5. No later than in five days from the date of the official announcement (official promulgation) of results of nation-wide elections the chairman of district electoral commission, and in case of its absence - the vice-chairman of the commission, and in case of absence of the chairman and the vice-chairman of the commission - the secretary of the commission files personally to the subject of state registration petition for the termination of the legal entity according to requirements of the legislation.
6. For state registration of the termination of district electoral commission as legal entity by liquidation the commission chairman, and in case of its absence - the vice-chairman of the commission, and in case of absence of the chairman and the vice-chairman of the commission - the secretary of the commission after the end of procedure of the termination, but not earlier than the termination of term of the statement of requirements by creditors, shall submit personally to the subject of state registration in the commission location the statement for state registration of the termination of the legal entity as a result of its liquidation, the certificate of archival organization of adoption of documents which according to the law are subject to long-term storage, and also the act of the audit which is carried out by body of the state financial control and the relevant documents issued by territorial authorities of the Pension fund, tax authorities.
Territorial authorities of the state financial control, the Pension fund of Ukraine, tax authorities shall carry out the corresponding inspections before the end of term of office of district electoral commission.
In case of not carrying out by the specified bodies at the scheduled time of checks for state registration of the termination of the legal entity as a result of its liquidation submission of the documents (the act of the audit which is carried out by body of the state financial control, the relevant documents issued by territorial authorities of the Pension fund, tax authorities) provided by paragraph one of this part is not required.
7. As legal entity (implementation of functions financial and material logistics of the electoral process) according to the decision of Central Election Commission and in the procedure established by it the relevant territorial representative office of Central Election Commission formed with the status of the legal entity can perform powers of district electoral commission. In that case state registration of district electoral commission as legal entity is not carried out.
1. The Central Election Commission will organize the work according to the Law of Ukraine "About Central Election Commission" and to Regulations of Central Election Commission.
The procedure for the organization of work of the electoral commissions of subordinate level is determined by Central Election Commission according to this Code.
The main form of work of the electoral commission is the meeting which is convened by the commission chairman, in case of its absence - the vice-chairman, and in case of absence of the chairman and his deputy - the secretary of the commission. According to the written requirement of third of structure of the electoral commission the chairman of the electoral commission or his deputy shall call commission session no later than the next day after receipt of such requirement.
Carrying out vote of voters is not meeting of the precinct election commission.
2. In case of need the meeting of the electoral commission can be convened according to the decision of the electoral commission of the highest level.
3. The first meeting of the electoral commission is convened no later than for the second day after day of its education, and the next meetings - as necessary.
4. The meeting of the electoral commission is authorized on condition of presence of more than a half of its structure on it.
5. The meeting of the electoral commission is convened with the obligatory notification of all members of the commission about time, the venue of meeting and its agenda.
The notification on meeting can be performed by phone, e-mail or with use of other means of electronic communications. Person is considered informed, in particular, in case of the direction of the relevant information on its contact phone number specified in representation in structure of the relevant electoral commission.
6. Drafts of decisions of the commission and required materials, as a rule, not later than day about day of carrying out commission session are provided to members of the electoral commission, but no later than prior to the meeting.
7. The meeting of the electoral commission is conducted by the commission chairman or his deputy. In case of failure to carry out of this function by them the commission determines from the structure the chairman at meeting.
8. At meetings of the electoral commission, including in case of counting of votes and establishment of results of vote, on the polling precinct in the election day or in day of repeated vote indoors where vote is taken, have the right to be present without permission or the invitation of the relevant commission only members of Central Election Commission, employees of the Secretariat of Central Election Commission and Service of the manager of the State register of voters, officials of the relevant territorial and regional representative office of Central Election Commission, members of the electoral commissions of the highest level, candidates at the corresponding elections, their authorized representatives, authorized persons of batch (the organization of batch) - subjects of the corresponding electoral process, official observers from candidates, batches (the organization of batch) (no more than one person from one candidate, one batch (the organization of batch), official observers from public organizations which got permission to have official observers on the corresponding elections (no more than two people from one public organization), and also official observers from foreign states and the international organizations, representatives of mass media (it is no more than two people from one mass media).
In case of simultaneous carrying out several types of elections at meetings of the precinct election commission, including in case of counting of votes and establishment of results of vote, on the polling precinct in the election day indoors where vote is taken, have the right to be present without permission or the invitation of the relevant commission candidates, batches (the organization of batch) - subjects of the corresponding electoral processes of the elections held at the same time, their authorized representatives, authorized persons of batch (the organization of batch), official observers.
At meeting of the electoral commission in case of consideration of the application or claims have the right to be present the applicant, the subject of the address with the claim, the subject of appeal, interested persons specified in the claim or the representative of the applicant, the subject of the address with the claim, the subject of appeal, the interested person specified in the claim.
Persons accompanying persons specified in this part who owing to violation of health (in connection with disability, temporary disorder of health, age) require such maintenance have the right to be present at meetings of the electoral commissions.
9. Other persons, except specified in part eight of this Article, can be present at meeting of the electoral commission only with permission or by the invitation of this commission what the decision on commission session is made on.
10. The electoral commission can make the motivated decision on deprivation of the right of presence at the candidate's meeting on the corresponding elections, his authorized representative, the authorized representative of batch (the organization of batch), the official observer, the representative of mass media or person specified in part nine of this Article if they illegally interfere with its carrying out. Such decision is made by at least than two thirds of voices of structure of the commission.
Employees of law enforcement agencies can perform protection of law and order in ballot day and in case of counting of votes only out of the room for vote. In case of the facts of violation of law and order the chairman, the vice-chairman or the secretary of the commission can call employees of law enforcement agencies only for making of actions for recovery of law and order for the period necessary for such actions.
In premises of the electoral commission in which elements of the automated information and analytical system are established have the right to be persons determined by the decision of Central Election Commission or relevant commission who provide cyberprotection, the cyber security of system and communication channels involved for ensuring its functioning, and being the staff of bodies which list is determined by the relevant decision of Central Election Commission.
11. The electoral commission upon the demand of three members of the commission, and also according to the decision of the electoral commission of the highest level shall consider at the meeting the questions relating to its powers not later than in three-day time, but no later than the election day, and in the election day, except the precinct election commission, - instantly. The precinct election commission shall consider at the meeting the addresses which arrived to it in the election day or in day of repeated vote, instantly upon termination of vote.
12. The decision of the electoral commission after its consideration and discussion at meeting of the electoral commission is accepted by open voting by a majority vote from structure of the commission, except the cases provided by this Code.
The decision of the commission becomes effective from the moment of its acceptance.
At meeting district, territorial or the precinct election commission in ballot day, in particular, in case of counting of votes on the polling precinct, establishment of results of vote within the constituency, in case of presence less than two thirds of members of the commission of structure of the commission the decision of the commission is made by at least than two thirds of voices of number of the members of the commission who are present at commission session.
13. The member of the electoral commission who participates in its meeting and does not agree with the decision made by the commission has the right within two days after the meeting at which the decision was made, in writing to express special opinion which is applied to the protocol of the corresponding meeting of the electoral commission.
14. The decision of the electoral commission made within its powers is obligatory for execution.
15. The decision of the electoral commission contradicting the legislation of Ukraine or accepted with excess of its powers can be cancelled by the electoral commission of the highest level or court. In that case the electoral commission of the highest level has the right to make the decision to the point.
16. Statements, the claims and other documents which arrived in the electoral commission have the right to accept the members of the relevant electoral commission authorized on it by its decision. All statements, claims and other documents are accepted and registered in the electoral commission according to the procedure, established by Central Election Commission.
The application submitted to the electoral commission is considered within five days from the date of its receipt if other is not provided by this Code.
17. The procedure for production and the requirement to protocols of precinct election commissions on counting of votes are determined by Central Election Commission.
18. On nation-wide elections the archiving of protocols of precinct election commissions and district electoral commissions for their transportation according to district electoral commission or Central Election Commission, is performed in the packets with special system of protection made and numbered by manufacturer by request of Central Election Commission for everyone district and the precinct election commission so that without damage of impress of a seal and the packet it was impossible to take out from packet or to put in it other document.
19. In case of the termination of powers of structure of the electoral commission, including early, the electoral commission which powers are stopped shall transfer the selective and other documentation, material values, including "Was disposed" seals and stamps, the electoral commission created (approved) in new structure.
The chairman of the relevant electoral commission, in case of its absence - the vice-chairman, and in case of absence of the chairman and his deputy - the secretary of the commission which powers are stopped is responsible for transfer.
1. Documentation of activities of the electoral commissions is performed according to the procedure, established by this Code and procedure for record keeping of the electoral commissions which affirms Central Election Commission.
2. At meeting of the electoral commission the minutes are taken by the secretary of the commission. In the absence of the secretary of the commission or in case of failure to carry out of the powers by him at meeting the commission elects from the structure the secretary of meeting who fulfills duties of the secretary of the commission at the corresponding meeting and in case of document creation of meeting. The minutes of the commission are signed by the chairman at meeting and the secretary of the commission (the secretary of meeting). The minutes of the commission are provided for acquaintance to members of the commission according to their requirement no later than the following commission session, at the same time the member of the commission has the right to sign it. The minutes of the commission can be provided for acquaintance to the subject of the electoral process according to its requirement no later than the following commission session.
3. The decision of the electoral commission on the considered question is drawn up in writing in the form of the resolution which shall contain:
1) name of the commission;
2) name of the resolution;
3) date, time and place of its acceptance and sequence number;
4) motivation part with reference to the circumstances which caused consideration of question on commission session;
5) references to specific provisions of regulatory legal acts or the resolution of the electoral commission of the highest level or judgments by which the commission in case of adoption of the resolution was guided;
6) substantive provisions.
The resolution is signed by the chairman at meeting and the secretary of the commission (the secretary of meeting).
4. The resolution accepted by the electoral commission, no later than 11 hours of the next day after its acceptance, and accepted on the eve of the ballot day, in ballot day and during counting of votes, establishment of results of vote, - not later than in four hours after completion of meeting of the electoral commission is hung out for general acquaintance at the stand of official materials of the commission equipped in the commission in the place freely available to visitors.
In the same terms the resolution accepted by district electoral commission goes through the automated information and analytical system to Central Election Commission which publishes it on the official website instantly after receipt.
The copy of the resolution accepted by the electoral commission, certified by the chairman of the electoral commission or his deputy and the secretary of the electoral commission and under seal the electoral commission is issued to subject of the electoral process which it concerns, according to its requirement no later than in four hours after its acceptance, and the copy of the resolution accepted on the eve of the ballot day and in ballot day - instantly.
5. Concerning the current activities the electoral commission can make legal decisions which contents are entered in the protocol of the electoral commission and is not processed by the separate document.
6. The electoral commission draws up statements and protocols. The act of the commission certifies certain fact or the certain event found and recognized by the commission. The protocol of the commission establishes results of the certain operations performed by the commission.
Acts and protocols of the electoral commission are constituted in the cases provided by this Code in the forms approved by Central Election Commission and in the number of copies established by this Code. The act or the protocol of the commission is signed by all attendees at meeting members of the electoral commission whose signatures are sealed the electoral commission. The first copy of the act or protocol have the right to sign the candidates who are present at meeting, their authorized representatives, authorized representatives of batches (the local organizations of batches), candidates, authorized persons of batches, official observers.
1. The member of the electoral commission at the first meeting of the electoral commission in which he participates without fail gets acquainted with content of parts three - the sixth this Article then takes the following oath of the member of the commission:
"I, (surname, name and middle name), assuming powers of the member of the electoral commission and realizing the high responsibility to the Ukrainian people, I swear to observe the Constitution and the laws of Ukraine, fairly and honesty to fulfill the duties, proceeding from the principles of supremacy of law, legality, objectivity and impartiality, to provide realization and protection of the voting rights of citizens of Ukraine".
Person who took the oath appends the signature under the text of the oath. This document is integral part of documentation of the relevant electoral commission. To the member of the electoral commission after bringing of the oath by him issues the certificate signed by the commission chairman of the highest level in the form approved by Central Election Commission.
The refusal of bringing of the oath means failure of face to be member of the commission.
2. The voter can be part only of one electoral commission performing preparation and carrying out the corresponding elections or other elections held along with them.
3. The member of the electoral commission has the right:
1) to participate in preparation of the questions submitted for consideration of the electoral commission;
2) to speak at meetings of the electoral commission, to put to other participants of meeting questions according to the agenda, to make offers on the questions carried to powers of the commission;
3) at the request of the relevant electoral commission to check activities of the electoral commissions of the lowest level;
4) freely to visit all premises of the electoral commission, to get acquainted with all documents of the electoral commission which member he is, and the electoral commissions of the lowest level in the corresponding territory;
5) on indemnification, caused to his life, health or property in connection with fulfillment of duties of the member of the electoral commission, according to the procedure and the size, established by the legislation.
4. The member of the electoral commission shall:
1) to adhere to the Constitution of Ukraine, this Code and the laws of Ukraine concerning preparation and elections;
2) to participate in meetings of the electoral commission;
To carry out 3) the decision of the electoral commission and obligation, assigned to it according to their distribution in the commission.
5. The member of the electoral commission has other rights and obligations according to this Code and the laws of Ukraine.
For the period of direct fulfillment of duties of the member of the electoral commission (participation in commission sessions, other actions in pursuance of this Law or decisions of the commission) guarantees and compensations, stipulated by the legislation for workers for the period of execution of the state or public duties by them in working hours extend to each member of the electoral commission. Members of the electoral commission are exempted from execution of service duties in the place of permanent job for time necessary for implementation of obligations of the member of the commission, based on the written notice of the chairman, the vice-chairman or the secretary of the relevant electoral commission of convocation of commission session or the decision of the electoral commission on involvement of the member of the commission to participation in other actions provided by this Code. Such notification or the decision shall contain specifying of date, time and the planned duration of meeting of the electoral commission or other action.
6. The member of the electoral commission is forbidden to agitate for or against candidates on the corresponding elections, and also to publicly estimate activities of candidates, batches (the local organizations of batches) - subjects of the electoral process.
7. Operation of the legislation concerning prevention of corruption does not extend to members of the electoral commissions (except members of Central Election Commission).
8. To the member of the electoral commission who has violation of health (in connection with disability, temporary disorder of health, age) the relevant electoral commission provides reasonable device according to individual requirements for free participation in work of the electoral commission.
1. For preparation and carrying out vote on elections the body of maintaining the State register of voters for each regular polling precinct formed in the territory to which its powers extend constitutes preliminary electoral registers on the basis of data of the State register of voters.
2. The preliminary electoral register on the polling precinct joins citizens of Ukraine by which it was performed or on ballot day on elections 18 years and which have the right to vote on the corresponding elections will be performed and belong to this polling precinct according to data of the State register of voters. The voter can be included in the electoral register only on one polling precinct.
3. In case of inclusion of the voter to which the place of vote is temporarily changed in the electoral register in the column "Notes" opposite to its surname the mark about it becomes.
4. Preliminary electoral registers are constituted in the form established by Central Election Commission with observance of requirements of parts five and the sixth this Article.
5. The preliminary electoral register has end-to-end numbering of voters and end-to-end numbering of sheets. The information about voters in the electoral register on the regular polling precinct is specified so that voters with the identical selective address were placed by row.
6. In the preliminary electoral register the following information about the voter is specified:
1) surname, own name (all own names) and middle name (in the presence);
2) birth date;
3) the selective address (without specifying of the postal index and the country of accommodation or stay);
4) mark about permanent inability to move independently (in the presence of the bases) - in the column "Notes".
7. The preliminary electoral register for the regular polling precinct is made on paper in one copy which each leaf makes sure the signature of the head of body of maintaining the State register of voters and sealed this body.
8. In case of simultaneous carrying out nation-wide elections with local elections of feature of procedure for creation and refining of electoral registers are determined by Central Election Commission.
1. The body of maintaining the State register of voters makes to each voter the personalized invitation which reports about inclusion it in the preliminary electoral register on the respective regular polling precinct, the name of all elections on which he is offered to vote the address of the precinct election commission, its phone number and the schedule of work, and also time and the place of vote.
2. To voters concerning whom in the electoral register there is mark about permanent inability to move independently, it is at the same time reported that they will be given opportunity to vote in the place of stay.
3. The form of the personalized invitation affirms Central Election Commission.
1. Not later than eleven days till ballot day the body of maintaining the State register of voters indoors in which it is located, transfers the preliminary electoral register on paper and the made personalized invitations of the respective precinct election commission.
2. On behalf of the precinct election commission the preliminary electoral register is received by at least three members of this commission, one of whom shall be commission chairman, and in case of impossibility - the vice-chairman or the secretary of the commission.
3. About transfer of the preliminary electoral register the statement in the form established by Central Election Commission, in duplicate is drawn up. One copy of the act is stored in body of maintaining the State register of voters, the second - in the precinct election commission.
1. The precinct election commission of the regular polling precinct after receipt of the preliminary electoral register presents him next day for general acquaintance in the precinct election commission.
2. The precinct election commission of the regular polling precinct directs or delivers in a different way to each voter the personalized invitation received from body of maintaining the State register of voters.
Such personalized invitation is sent or delivered not later than nine days till ballot day.
3. The voter has the right to study the preliminary electoral register in the precinct election commission and to check correctness of the data entered in it.
The voter can address to the precinct election commission or is direct in body of maintaining the State register of voters with the statement for refining of the preliminary electoral register, including for inclusion or exception of the list of personally or other persons, and also about availability or lack of marks about permanent inability of the voter to move independently.
4. The voter personally submits the application to the precinct election commission or is direct in body of maintaining the State register of voters concerning the circumstances provided by part three of this Article. If the voter with violation of health (in connection with disability, temporary disorder of health, age cannot personally submit the application, the precinct election commission according to the address of such voter shall provide adoption of the statement at such voter in a different way. Such application can be submitted to body of maintaining the State register of voters also by means of electronic services according to the procedure, established by Central Election Commission.
Documents (copy of documents), the confirmatory data specified in it are enclosed to the application.
5. The statement specified in part three of this Article can be submitted not later than five days till ballot day and is considered by the electoral commission within one day. The application submitted after the specified term remains without consideration.
6. By results of consideration of the application the precinct election commission makes the decision on transfer of such statement in body of maintaining the State register of voters. The decision of the electoral commission instantly together with the statement of the voter and documents (copies of documents) attached to it goes to relevant organ of maintaining the State register of voters and no later than the next day after day of its acceptance is issued to person who submitted the application and also goes to the person whom it concerns (if such person is not person who submitted the application).
7. The body of maintaining the State register of voters provides consideration of the applications of voters according to the procedure, established by the Law of Ukraine "About the State register of voters". About results of consideration of the address it is reported to person who gave it, and also to person whom it concerns (if the address of the voter touches other face).
8. The administrative claim for refining of the electoral register can be filed a lawsuit according to the procedure, established by the Code of administrative legal proceedings of Ukraine.
9. The judgment about modification of the electoral register not later than five days till ballot day moves the voter in relevant organ of maintaining the State register of voters or to the respective precinct election commission for the immediate direction in such body, and after this term - to the precinct election commission.
1. The body of maintaining the State register of voters based on the data provided according to the Law of Ukraine "About the State register of voters", decisions of the relevant electoral commissions on formation of precinct election commissions of special polling precincts (regarding inclusion of members of precinct election commissions in electoral registers on the respective special polling precinct), by results of consideration of the applications of voters, messages of precinct election commissions of special polling precincts on inclusion of voters in the electoral register on the special polling precinct, based on statements of members district and the precinct election commissions given according to part two of this Article, and also the decisions of the courts received not later than five days till ballot day makes refining of the electoral register.
2. Members district and precinct election commissions not later than five days till ballot day on nation-wide elections submit to body of maintaining the State register of voters in the location of the respective polling precinct or to the selective address the statement for temporary change of the place of vote without change of the selective address. Members of district electoral commissions join in the electoral register on the polling precinct which is brought most closer to the location of the relevant district electoral commission. Members of precinct election commissions join in the electoral register on the polling precinct where they are included in structure of the electoral commission.
3. The body of maintaining the State register of voters which received from the precinct election commission of the special polling precinct which independently constituted the electoral register, information about the voters included in it brings in the database of the State register of voters the corresponding marks concerning voters who will not vote to the selective addresses in connection with their inclusion in electoral registers on other polling precincts.
4. Amended lists of voters for regular polling precincts are made by bodies of maintaining the State register of voters on paper in one copy in the form established by Central Election Commission with observance of requirements, stipulated in Clause the 39th this Code, and contain the column for the signature of the voter for receipt of the ballot.
5. Amended lists of voters are transferred to the relevant electoral commissions not later than two days till ballot day according to the procedure, established by this Code for transfer of preliminary electoral registers on regular polling precincts.
1. Changes in the amended list of voters are entered by the chairman or the vice-chairman and the secretary of the precinct election commission based on the judgment, messages of body of maintaining the State register of voters on elimination of multiple inclusion of the voter in the electoral register on this polling precinct. Such changes can be made till 18 o'clock the last Saturday before ballot day.
2. In case of inclusion of the voter in the electoral register on the polling precinct according to the procedure of modification of the amended list of voters of the information about him, provided by electoral register form, are brought at the end of the electoral register. At the same time in the column "Notes" date and number of the judgment are specified.
3. The exception of the electoral register of faces which are illegally included in it is performed by deletion which makes sure record "Is excluded" also by signatures of the chairman or vice-chairman and secretary of the precinct election commission in the column "Notes". At the same time in the specified column near surname of the voter date and number of the judgment or the notification of body of maintaining the State register of voters are specified.
4. The precinct election commission in case of modification of the amended list of voters based on the judgment instantly notifies relevant organ of maintaining the State register of voters on inclusion of the voter in the electoral register or exception of the electoral register.
5. In case of identification of multiple inclusion of the voter in amended lists of voters in connection with receipt of the message of the precinct election commission on inclusion of the voter in the electoral register on other polling precinct the body of maintaining the State register of voters which received such message without delay notifies on it the respective precinct election commission which shall exclude such voter from the electoral register on this site.
6. In the day preceding ballot day after modification of the amended list of voters based on decisions of the courts, messages of body of maintaining the State register of voters the electoral register is closed by deletion of the blank columns of the electoral register for introduction of surnames of voters so that to make impossible entering into the list of additional voters, is signed by the chairman or the vice-chairman and the secretary of the precinct election commission and sealed the precinct election commission.
7. In ballot day of change are not entered in the amended list of voters.
8. The chairman or the vice-chairman or the secretary of the precinct election commission in ballot day correct inaccuracies and technical slips in the amended list of voters - the wrong writing of surname, own name (all own names), middle names (in the presence), birth dates, house numbers, apartments of the place of residence - if, despite such technical slips, is clear that the electoral register includes that voter who arrived to the polling precinct for vote. Such correction makes sure the signature of the chairman or vice-chairman or secretary of the precinct election commission of the column "Notes".
9. The amended lists of voters of the information about the voters included or excluded from it provided by form and also about voters concerning which changes were made to the amended list of voters or are corrected in this list of inaccuracy and technical slips, are transferred by the precinct election commission to relevant organ of maintaining the State register of voters.
1. For the special polling precincts formed in organizations of execution of punishments, preliminary and amended lists of voters are constituted by bodies of maintaining the State register of voters which are transferred according to the procedure and the terms established by this Code for transfer of electoral registers on regular polling precincts.
2. On the special polling precincts formed in stationary healthcare institutions in the courts which are in the election day in swimming under National Flag of Ukraine at polar stations of Ukraine, in pre-trial detention centers and other places of temporary stay of voters with limited traficabilities, electoral registers are constituted not later than seven days till ballot day by the respective precinct election commissions in the form established by Central Election Commission based on the data provided by heads of the relevant organizations, institutions, the polar station of Ukraine, captains of ships where such sites are formed.
3. The data specified in part two of this Article move in one copy signed by the head of the relevant organization, the polar station of Ukraine, the ship master and are certified by the corresponding seal. The head of the relevant organization, polar station of Ukraine, the ship master provides representation and reliability of the specified data of the precinct election commission not later than nine days till ballot day.
4. Representation is brought in the form established by Central Election Commission and shall contain in the relation of each voter of the data:
1) surname, own name (all own names), middle name (in the presence);
2) birth date (number, month, year);
3) the selective address (without specifying of the postal index and the country of accommodation or stay);
4) mark about permanent inability to move independently (in the presence of the bases) - in the column "Notes".
Voters who shall leave stationary institution of health care till ballot day in such data and on the respective special polling precinct do not join in the electoral register.
5. The electoral register which is constituted on the special polling precinct for carrying out vote on local elections join voters who have the right to vote on the corresponding local elections.
The precinct election commission of the special polling precinct enters the voter in the electoral register with indication of in the column "Notes" of its right to the ballot on each corresponding local elections.
6. After creation of the electoral register on the special polling precinct the precinct election commission instantly transfers the information about the voters included in it to body of maintaining the State register of voters on the location.
Contents of the electoral register on the polling precinct formed on the vessel which is in swimming under National Flag of Ukraine or at the polar station of Ukraine are transmitted through technical means of communication of the relevant district electoral commission which immediately transfers them to body of maintaining the State register of voters on the location.
7. If the voter arrived to stationary healthcare institution less than in ten days prior to ballot day, but more than in two days prior to ballot day, the respective precinct election commission specifies the electoral register, including the voter in the electoral register based on the data provided instantly by the head of the relevant organization which signature is witnessed by seal of the relevant organization.
8. The voter who arrived to stationary healthcare institution in the settlement in which he lives can address to the electoral commission of the regular polling precinct on which it is included in the electoral register, about opportunity to vote in the place of the stay according to the procedure and the terms established by this Code. In that case on the special polling precinct it does not join in the electoral register.
9. In case of formation of the special polling precinct as an exceptional case the electoral register is constituted by the precinct election commission not later than seven days till ballot day based on the data provided by the head of the relevant organization, the ship master, the commander of military unit (forming). The specified data move not later than eight days till ballot day, signed by the head of organization, the ship master, the commander of military unit (forming) and are certified of one copy by the corresponding seal. After creation of the electoral register on such polling precinct the precinct election commission instantly transfers the information about the voters included in this list, to body of maintaining the State register of voters on the location.
10. The voter has the right to file personally petition to the precinct election commission of the special polling precinct or is direct in court concerning refining of the electoral register.
11. The statement specified in part ten of this Article can be submitted to the respective precinct election commission not later than two days till ballot day. Such application is considered by the electoral commission instantly. By results of consideration of the application the precinct election commission shall make the decision on modification of the electoral register or the motivated decision on refusal in allowance of the application. The copy of the decision is issued to the voter in day of its acceptance. The application submitted to the electoral commission after the specified term remains without consideration.
12. The administrative claim for refining of the electoral register can be filed a lawsuit according to the procedure and the terms established by the Code of administrative legal proceedings of Ukraine.
13. In case of modification of the electoral register on the special polling precinct the precinct election commission of the special polling precinct instantly transfers the information about the voters included in the electoral register or excluded from the list, to relevant organ of maintaining the State register of voters.
14. In case of receipt of such data less than in five days prior to ballot day and identification of multiple inclusion of the voter in the electoral register on other polling precinct the body of maintaining the State register of voters instantly notifies on it the respective precinct election commission.
15. The members of the precinct election commission of the special polling precinct having the right to vote on the corresponding elections join in the electoral register on this polling precinct based on the decision of the relevant electoral commission on creation of the precinct election commission of this special polling precinct.
16. In the day preceding ballot day after modification according to this Article the electoral register on the special polling precinct is closed by deletion of the blank columns of the electoral register for introduction of surnames of voters so that to make impossible entering into the list of additional voters, is signed by the chairman or the vice-chairman and the secretary of the precinct election commission and sealed the precinct election commission.
17. In ballot day of change are not entered in the amended list of voters.
18. The chairman or the vice-chairman or the secretary of the precinct election commission in ballot day correct inaccuracies and technical slips in the amended list of voters - the wrong writing of surname, own name (all own names), middle names (in the presence), birth dates, house numbers, apartments of the place of residence - if, despite such technical slips, is clear that the electoral register on special the polling precinct includes that voter who arrived for vote. Such correction makes sure the signature of the chairman or vice-chairman or secretary of the precinct election commission of the column "Notes".
1. The body of maintaining the State register of voters in the Ministry of Foreign Affairs of Ukraine constitutes preliminary electoral registers for each foreign polling precinct according to the Law of Ukraine "About the State register of voters". The form of the preliminary electoral register is established by Central Election Commission.
2. The preliminary electoral register on the foreign polling precinct joins citizens of Ukraine by which it was performed or on ballot day 18 years having the right to vote on elections and which selective address is outside Ukraine will be performed.
Information about voters in the electoral register on the foreign polling precinct is specified according to the procedure, convenient for carrying out vote.
3. The preliminary electoral register of the foreign polling precinct is transferred to the respective precinct election commission in electronic form not later than eleven days till ballot day.
4. The precinct election commission of the foreign polling precinct after receipt of the preliminary electoral register presents him next day for general acquaintance in the precinct election commission on paper.
5. The voter can personally submit the application for correction of abnormalities in the preliminary electoral register on the foreign polling precinct to which necessary documents (the copy of documents) are attached, to the respective precinct election commission at least in five days prior to ballot day (on the Kiev time) which is considered by the electoral commission within one day. The application submitted after the specified term remains without consideration.
6. The statement of the voter specified in part five of this Article instantly is transmitted through the relevant foreign diplomatic organization of Ukraine to body of maintaining the State register of voters in the Ministry of Foreign Affairs of Ukraine.
The foreign diplomatic organization of Ukraine also transfers the copy of such statement to body of maintaining the State register of voters in the Ministry of Foreign Affairs of Ukraine by means of technical means of communication.
7. Taking into account the data provided according to the Law of Ukraine "About the State register of voters" by results of consideration of the applications of voters the body of maintaining the State register of voters in the Ministry of Foreign Affairs of Ukraine makes the amended list of voters.
Amended lists of voters are transferred to the relevant electoral commissions of foreign polling precincts not later than two days till ballot day on paper and in electronic form.
8. In the day preceding ballot day after modification according to this Article, the electoral register on the foreign polling precinct is closed by deletion of the blank columns of the electoral register for introduction of surnames of voters so that to make impossible entering into the list of additional voters, is signed by the chairman or the vice-chairman and the secretary of the precinct election commission and sealed the precinct election commission.
9. In ballot day of change on the foreign polling precinct are not entered in the amended list of voters.
10. The chairman or the vice-chairman or the secretary of the precinct election commission of the foreign polling precinct in ballot day correct inaccuracies and technical slips in the amended list of voters - the wrong writing of surname, own name (all own names), middle names (in the presence), birth dates, house numbers, apartments of the place of residence - if, despite such technical slips, is clear that the electoral register includes that voter who arrived to the polling precinct for vote. Such correction makes sure the signature of the chairman or vice-chairman or secretary of the precinct election commission of the column "Notes".
1. Including with violations of sight and hearing, the possibility of access to the versatile, objective and impartial information necessary for implementation of the conscious free choice is provided to voters.
For the purpose of ensuring access to information such information can be provided to persons with violation of sight and hearing with use of available formats according to the procedure and amount, determined by Central Election Commission.
2. Information containing in the documents filed to the relevant electoral commission for registration of candidates is open. District and territorial election commissions according to the procedure, established by this Code, transfer for promulgation on the official website of Central Election Commission of the data, specified in part three of this Article. Such information can be promulgated and provided according to the procedure, determined by the Law of Ukraine "About access to public information".
Territorial election commissions will promulgate information concerning the registered candidates according to the procedure, provided by this Code, on the websites (in the presence) or on websites of the relevant councils or the different way determined by these commissions and also in the cases provided by this Code transfer the information about candidates for publication on the official website of Central Election Commission in the amounts and procedure established by Central Election Commission. Information concerning the registered candidates can be published on official websites of the relevant regional or territorial representative offices of Central Election Commission in case of their education.
3. In case of elections the Central Election Commission will promulgate on the official website in the form of the data set organized in format which allows its automated processing by electronic means (mashinoschityvaniye) for the purpose of reuse, such data about each candidate registered for participation in the corresponding elections: surname, own name (all own names) and middle name (in the presence), number, month, year and the birthplace, nationality, accommodation time in the territory of Ukraine (except the candidates registered for participation in local elections), data on position (occupation), place of employment, party membership, the residence, availability or lack of criminal record, the subject of promotion of each candidate, election programmes of candidates or subjects of their promotion, and when carrying out national elections - also the autobiography of the candidate, given to Central Election Commission.
4. The electoral commissions, mass media and news agencies, public authorities, authorities of the Autonomous Republic of Crimea, local government bodies, their officials, associations of citizens, other persons in case of distribution of information on elections which is not election propaganda according to Article of 51 of this Code shall adhere to objectivity, impartiality, balance, reliability, completeness and the accuracy of information, to avoid discrimination and sexism.
1. General information support of elections includes informing voters about:
1) the voting rights of citizens and methods of their implementation and protection;
2) opportunity and procedures of check of inclusion of and other voters in the State register of voters and electoral registers on the polling precincts;
3) opportunity and procedure for change to the voter of the place of vote (polling precinct) without change of the selective address;
4) the address of the location of district and local electoral commissions of the polling precinct to which the selective address of the voter belongs;
5) the room address for vote, date and time of vote;
6) the bases and procedures of receipt of opportunity to vote in the place of stay;
7) voting procedure and method of filling of the ballot;
8) right to appeal of violations of the voting rights and methods of implementation of this right;
9) responsibility for violation of the legislation on elections;
10) other questions of realization of the voting rights of citizens.
2. The Central Election Commission no later than for the second day of the electoral process publishes information which concerns general information support of the corresponding elections on the official website and provides its relevance.
3. For the purpose of ensuring proper awareness of voters the Central Election Commission, the relevant territorial election commission provide production of the posters explaining voting procedure and responsibility for violation of the legislation on elections. The form, the size, the text and printing execution of posters, and also procedure for their production and transfer to precinct election commissions are established by Central Election Commission.
4. The Central Election Commission at the expense of means of the government budget can make and extend, including by means of electronic (audiovisual) and printing mass media, the information materials relating to general information support of elections.
5. The legislation on social advertizing extends to distribution of the information materials relating to general information support of elections.
1. During the electoral process of mass media place information materials by request of the electoral commissions or regional or territorial representative offices of Central Election Commission based on the relevant agreements.
2. News agencies and mass media distribute messages on the course of the electoral process, the events connected with elections based on the principles of reliability, completeness and accuracy, objectivity of information and its impartial representation.
News agencies, mass media which distribute messages on the course of the electoral process, the events connected with elections cannot allow concealment of socially necessary information concerning these events if it was known to them at the time of distribution of information. News agencies, mass media shall distribute information on elections according to the facts, without allowing misstatement of information. Mass media and news agencies shall try to obtain information on the events connected with elections from two and more sources, giving preference to primary sources.
The teleradio organizations independently determine amount of the broadcasting time devoted to illumination of the facts and events connected with the electoral process. In the specified materials the teleradio organizations are forbidden to allocate certain subjects of the electoral process in the relation or to provide them privileges.
Mass media shall is balanced to light comments of candidates, batches (the organizations of batch) - subjects of the electoral process concerning the events connected with elections.
3. The teleradio organizations have the right to create and extend in the transfer air with participation of candidates, representatives of batch (organization of batch) - subjects of the electoral process, their authorized, authorized representatives in the form of election debates or discussions. Such transfers shall be organized in cycle of programs of identical format for the purpose of respect for the principle of equal conditions and equal access.
The teleradio organization which intends to extend the specified transfers will promulgate the relevant proposal in which are specified transfer format, the term during which it is necessary to provide consent to participation in transfer, and the cost of participation in such transfer.
The format of transfer (program cycle) includes: procedure for determination of participants of transfer with participation of representatives of two or more candidates or batches - in the consent of participants, on draw and so forth; duration of transfer and amount of the broadcasting time provided for performances to each of participants; availability of other attendees in studio during transfer (experts, journalists, audience in studio and so forth), their role and procedure for their election or determination; regulations and rules of conduct of participants of transfer; subject of discussion or procedure for its determination; distribution terms during transfer of other information (survey results of opinion of citizens, interactive vote, statistical data, educational and reference information, concert performances and so forth); other conditions of creation of transfer.
The cost of participation in transfer is identical to all subjects of the electoral process and is determined according to amount of the broadcasting time provided to each of participants of transfer.
The amount of the broadcasting time provided to participants of transfer for participation in discussion or for the answer to question shall be determined by identical rules.
4. Supervision of observance of requirements of this Code regarding participation of mass media and news agencies in information support of elections, and also when carrying out election propaganda, performs National council of Ukraine concerning television and broadcasting (concerning electronic (audiovisual) mass media) and the central executive body which realizes state policy in information and publishing spheres (concerning printing mass media and news agencies).
When implementing such supervision the monitoring materials provided by the public organizations registered in the procedure established by the law to which authorized activities questions of the electoral process and observation of it belong can be used.
In case of identification of violations by results of implementation of such supervision National council of Ukraine concerning television and broadcasting and the central executive body which realizes state policy in information and publishing spheres inform on it Central Election Commission either corresponding district or territorial election commission, take measures, stipulated by the legislation.
1. The companies, institutions, the organizations and the organizations conducting polls have the right to promulgate results of such poll connected with elections, with obligatory specifying of time of its carrying out, the territory which poll, the size and method of forming of sociological selection of respondents, method of poll, accurate information of questions, possible statistical error covered, customers of poll.
2. News agencies, mass media in case of distribution of survey results of the public opinion connected with elections shall specify the complete name of the organization conducting survey, customers of poll and also other data specified in part one of this Article. Action of provisions of this part extends to cases of distribution by mass media, news agencies of survey results of the public opinion connected with elections on the Internet.
3. Promulgation or distribution otherwise of survey results of the public opinion connected with elections including concerning candidates is forbidden, to batch (the organization of batch) - subjects of the electoral process, during the last two days before ballot day.
4. Promulgation in the election day of survey results of voters concerning their declaration of will is forbidden during vote before the end of vote.
5. Methods of holding polls of voters concerning their declaration of will during vote shall provide preserving mystery of vote of the interviewed voter.
6. In case of promulgation of results of interactive survey of audience by the teleradio organization which is carried out during the transfer connected with elections, or with participation of candidates, representatives of batch (organization of batch) - subjects of the electoral process participants of transfer are forbidden to comment on results of such polls or to refer otherwise to them. During the whole time announcement of results of interactive poll of audience shall accompany the text message "This Poll Reflects Opinion Only of This Audience" which shall be shown on the screen (for telecasts) in form, intelligible for the viewer, to be sounded (for broadcasts) the accurate text of the announcer or anchorman just before and after promulgation of the specified results.
1. Election propaganda is implementation of any activities for the purpose of motivation of voters to vote for or not to vote for certain candidate, batch (the organization of batch) - subjects of the electoral process. Election propaganda can be performed in any form and by all means, not contradicting the Constitution of Ukraine and the laws of Ukraine.
Election propaganda can be carried out in the following forms:
1) holding meetings of citizens, other meetings with voters;
2) holding meetings, processions, demonstrations;
3) holding public debate, discussions, "round tables", press conferences concerning provisions of election programmes and political activities of candidates, batch (the organization of batch) - subjects of the electoral process;
4) promulgation in printing and audiovisual (electronic) mass media of political advertizing, performances, interview, sketches, videos, audio-and video clips, other publications and messages;
5) distribution of the selective leaflets, posters and other printed propaganda materials or printing editions in which materials of election propaganda are placed;
6) placement of printed propaganda materials or political advertizing on carriers of external advertizing;
7) holding concerts, performances, sports competitions, demonstration of movies and telecasts, holding other public actions with assistance of the candidate, batches (the organization of batch) - the subject of the electoral process, and also promulgation of information on such support;
8) public calls to vote for or not to vote for the candidate, batch (the organization of batch) - the subject of the electoral process or public estimates of their activities;
9) establishment of propaganda tents;
10) in other forms which are not contradicting the Constitution of Ukraine and the laws of Ukraine.
2. Citizens of Ukraine have the right freely and comprehensively to discuss election programmes of candidates, batches (the organization of batch) - subjects of the electoral process, political, business and personal qualities of candidates, to carry on propaganda for or against candidates, batches (the organization of batch).
3. Official reports during the electoral process (no comments which can have propaganda nature, and also video, audio recordings, filmings, photoillustrations) about actions of the candidates connected with accomplishment by them of ex-officio (office) full powers, provided by the Constitution of Ukraine or the laws of Ukraine do not belong to election propaganda.
4. Election propaganda is performed at the expense of means of the election funds of candidates, batch (the organization of batch) - subjects of the electoral process if other is not provided by this Code.
Support by candidates (candidate), and batch (the organization of batches) by the subject of the electoral process on its own behalf or on behalf of the candidate (candidates) of holding concerts, performances, sports competitions proposed by it, demonstrations of movies, telecasts, holding other public actions, and also holding the specified public actions in support of the candidate (candidates), the subject of their promotion can be performed only in case of complete financing of such actions from means of the election fund of appropriate subject of the electoral process.
5. The hidden election propaganda, and also placement or distribution of materials of the election propaganda which is not designated according to requirements of this Code are forbidden. Advertizing of printing editions (newspapers, magazines, books), other goods and services with use of surnames or images (portraits) of candidates, names or symbolics of political party - subjects of the electoral process is considered election propaganda. To election propaganda use of symbolics (the anthem, flag, identification mark, the motto) or batch logos - the subject of the corresponding electoral process, use of pre-election slogans, slogans of candidates, batches (the organization of batch) - subjects of the corresponding electoral process, and also the message on holding spectacular or other public actions in support of batch, the candidate or about support of the specified actions by candidates, batches (the organizations of batch) - subjects of the corresponding electoral process, and also drawing attention also belongs to participation in such actions of batch or certain persons as candidates.
6. Official reports during the electoral process about actions of the candidates who are officials of public authorities, authorities of the Autonomous Republic of Crimea or local government bodies, the ex-officio (office) full powers connected with accomplishment by them provided by the Constitution of Ukraine and the laws of Ukraine, and prepared according to the procedure, provided by the Law of Ukraine "About procedure for publicizing of activities of public authorities and local government bodies in Ukraine mass media", do not belong to election propaganda. Such official reports shall not contain comments of propaganda nature, and also video, audio recordings, filmings, photoillustrations about actions of specified persons as candidates.
In such messages mentioning of participation in elections of the corresponding persons or of intentions concerning their activities in case of election is forbidden.
7. The candidate, batch (the organization of batch) - the subject of the electoral process has the right on contractual basis at the expense of means of own election fund to lease buildings and rooms of all patterns of ownership for holding meetings, debate, discussions and other public actions of election propaganda.
8. If the building (room), irrespective of pattern of ownership, was provided for holding public action or election propaganda for one candidate, batch (the organization of batch), the owner (the owner, the user) of this building (room) has no right to refuse its provision on the same conditions to other candidate, other batch (the organization of batch). The specified requirement does not concern the rooms which are in property or permanent use of candidates, batch (the organization of batch) - subjects of the electoral process.
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