LAW OF UKRAINE

of June 30, 2004 No. 1932-IV

About Central Election Commission

This Law according to the Constitution of Ukraine determines procedure for education, legal status, the basic principles of the organization of activities of Central Election Commission as permanent collegiate state body within which competence providing the organization of preparation and elections and referenda in Ukraine, ensuring realization and protection of the constitutional voting rights of citizens of Ukraine and the participation rights in referenda, the sovereign right of the Ukrainian people to expression of the will is.

Section I. General provisions

Article 1. Status of Central Election Commission

1. The Central Election Commission (further - the Commission) is permanent collegiate state body which acts on the basis of the Constitutions of Ukraine, of the present and other laws of Ukraine and is given authority on the organization of preparation and elections of the President of Ukraine, People's Deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils and rural, settlement, to mayors, All-Ukrainian and local referenda according to the procedure and in the limits set present and other laws of Ukraine.

2. The commission heads system of the electoral commissions and commissions on referendum which are formed for the organization of preparation and elections of the President of Ukraine, People's Deputies of Ukraine, All-Ukrainian referendum. The commission exercises control of activities and advisory and methodical providing the electoral commissions which are formed for the organization of preparation and elections of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, local councils and rural, settlement, mayors, and the commissions on local referenda.

3. The commission is legal entity, has seal with the name and emblem. The emblem of the Commission and procedure for its use affirm the decision of the Commission.

Article 2. Basic principles of activities of the Commission

1. The commission according to the powers provides observance with the provided Constitution of Ukraine and the laws of Ukraine of the principles and bases of the selective and referendumny processes, realization of the voting rights of citizens of Ukraine and the participation right in referendum, identical application of the legislation of Ukraine on elections and referenda in all territory of Ukraine.

2. The commission builds the activities on the principles of supremacy of law, legality, independence, objectivity, competence, professionalism, collective nature of consideration and the solution of questions, justification of the made decisions, openness and publicity.

Article 3. Independence of the Commission

1. The commission is the collegiate state body performing the powers independently irrespective of other public authorities, local government bodies, their official and officials.

2. The commission and its members shall act only on the basis, within powers and method which are provided by the Constitution of Ukraine, this and other laws of Ukraine.

3. The procedure for education, structure, powers and the organization of activities of the Commission are determined by the Constitution of Ukraine, present and other laws of Ukraine.

4. Members of the commission according to this Law are officials.

5. Intervention of any bodies, official and officials, citizens and their associations in the solution of the questions relating to powers of the Commission is not allowed, except the cases provided by the laws of Ukraine.

6. The Central Election Commission is in accordance with the established procedure provided with the legal and other regulatory legal acts adopted by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, and also the official materials spread by the central executive bodies and judicial bodies.

7. Guarantees of independence of the Commission in implementation of the powers are established by the Constitution of Ukraine, it and other laws of Ukraine.

Independence of the Commission is provided:

1) the special, established by the Constitution of Ukraine and this Law procedure for appointment to positions and dismissals from positions of members of the commission;

2) the guarantees of activities of the Commission determined by this Law and other laws of Ukraine;

3) the special, established by this Law procedure for financing and material logistics of the Commission;

4) the proper payment terms of work of the Commission chairman determined by this Law, vice-chairmen of the Commission, the secretary and members of the commission, and also proper payment terms of work of employees of the Secretariat of the Commission, its regional and territorial representative offices.

Article 4. Openness and publicity in activities of the Commission

1. Activities of the Commission are performed openly and publicly.

2. On commission session have the right to be present without permission or the invitation of the Commission presidential candidates of Ukraine, authorized representatives of presidential candidates of Ukraine at Central Election Commission, candidates for People's Deputies of Ukraine, representatives of political parties in Central Election Commission, authorized representatives of initiative groups of All-Ukrainian referendum, and also official observers from public organizations at the nation-wide district (no more than two people from one public organization), official observers from foreign states, the international organizations and representatives of mass media (no more than two people from one mass media).

Persons accompanying persons specified in this part, which owing to violation of health (in connection with disability, temporary disorder of health, age) also have the right to be present at commission session require such maintenance.

3. On commission session in case of consideration of the application or claims have the right to be present the applicant, the complainant, the subject of appeal, interested persons specified in the claim or the representative of the applicant, the complainant, the subject of appeal, the interested person specified in the claim.

Persons accompanying persons specified in this part, which owing to violation of health (in connection with disability, temporary disorder of health, age) also have the right to be present at commission session require such maintenance.

4. Other persons, except specified in parts two and third this Article, have the right to be present at commission session with the permission of the Commission what the Commission makes the relevant decision on, or by the invitation of the Commission.

5. Decisions and other information about activities of the Commission are published in cases, procedure and the terms established by the Law of Ukraine "About access to public information" and other laws. The commission provides provision of information on requests according to the Law of Ukraine "About access to public information".

6. The commission publishes collections, reviews of practice of application of the legislation, other reference materials concerning elections and referenda, ensuring realization and protection of the constitutional voting rights of citizens of Ukraine and the participation rights in referenda.

7. The commission has the official website on which decisions of the Commission, information on elections, referenda, other materials about activities of the Commission, information on the rights and procedure for ensuring the voting rights of citizens, and also other materials provided by this Law are posted.

The official website shall conform to the technical requirements to creation (upgrade) of official websites established by the Cabinet of Ministers of Ukraine for easy access of users with violations of sight and hearing.

Article 5. Commission location

1. The location of the Commission is the capital of Ukraine - the city of Kiev.

2. On the building where there is Commission, National Flag of Ukraine is hung out.

3. The State Emblem of Ukraine and National Flag of Ukraine are obligatory attributes of assembly hall of the Commission.

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