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LAW OF UKRAINE

of July 5, 2012 No. 5175-VI

About features of ensuring openness, transparency and democratic character of elections of People's Deputies of Ukraine on October 28, 2012

(as amended of the Law of Ukraine of 02.10.2012 No. 5401-VI)

This Law determines procedure for application of video surveillance, video and broadcast of the image for observation of the organization of carrying out vote and counting of votes on regular polling precincts in ballot day on regular elections of People's Deputies of Ukraine on October 28, 2012, and also storage and use of information created in the course of video surveillance.

Article 1. Determine that for increase in level of credibility of society to elections, publicity and openness of the electoral process, access for the public to observation in real time during vote, and also creation of video of counting of votes indoors for vote of the regular polling precinct the system of video surveillance, video and broadcast of the image is used (further - system of video surveillance) which in the procedure provided by this Law provides creation of information, transfer of the image from the room for vote of the regular polling precinct with possibility of its viewing on the corresponding website in the Internet and further preserving information created in the course of video surveillance.

The system of video surveillance is not installed in premises of Central Election Commission, district electoral commissions, precinct election commissions of foreign and special polling precincts.

Article 2. Use of system of video surveillance in ballot day and during counting of votes, except the cases provided by part two of article 1 of this Law is obligatory.

In case of technical impossibility to provide transfer of the image from the room for vote of the certain regular polling precinct the system of video surveillance in such room is used for creation and storage of the relevant information.

Article 3. Video surveillances are a part of the system hardware and software systems of precinct election commissions, each of which consists at least of two webcams which are established indoors for vote of the regular polling precinct, means of record and preserving information, data processing for transfer of the image, information transfer on the corresponding website on the Internet.

The specification on creation of system of video surveillance affirms the Cabinet of Ministers of Ukraine on representation to Central Election Commission.

Article 4. The precinct election commission provides the beginning of continued operation of system of video surveillance in the mode of transfer of the image along with the beginning of the preparatory meeting provided by part three of article 84 of the Law of Ukraine "About elections of People's Deputies of Ukraine". Functioning of system of video surveillance in such mode stops after the end of vote.

After the end of vote on the polling precinct and before signing of the protocol of the precinct election commission on counting of votes on the polling precinct, including marked "specified", the precinct election commission provides functioning of system of video surveillance in the mode of record and preserving information. Information created with use of system of video surveillance can be used by law enforcement agencies, courts, Central Election Commission. The Central Election Commission provides the relevant information at the request of law enforcement agencies, to the judgment, and also can provide such information in the procedure established by it at the request of political parties - subjects of the electoral process and candidates for People's Deputies of Ukraine.

Article 5. Webcams shall be located so that not to break the mystery of declaration of will of voters at the same time providing control of observance of voting procedure and counting of votes.

The procedure for use of system of video surveillance on the polling precincts, access to the polling precinct of the corresponding technicians and control of functioning of system of video surveillance is established by Central Election Commission.

Article 6. Broadcast of the video image received by means of system of video surveillance during vote on the polling precinct is performed on the corresponding website on the Internet. The decision on creation and procedure for functioning of such website is accepted by Central Election Commission which is manager of this website.

Procedure for use, transportation and storage of carriers, with information created with use of system of video surveillance in rooms for vote of regular polling precincts from which web broadcast of the image was not performed, it is established by Central Election Commission.

Information created with use of system of video surveillance is stored by Central Election Commission within one year from the date of official promulgation of election results of People's Deputies of Ukraine then is liable to destruction.

Article 7. The procedure for use of hardware and software systems and other equipment necessary for creation and functioning of system of video surveillance, is established by Central Election Commission proceeding from the specification provided in article 3 of this Law.

Article 8. Financing of the actions provided by this Law is performed at the expense of means of the Government budget of Ukraine.

Article 9. Powers concerning control of observance of requirements of this Law, accomplishment of functions of the manager of system of video surveillance are assigned to Central Election Commission.

Article 10. Final provisions

1. This Law becomes effective from the date of, its publication following behind day.

2. Requirements of the Law of Ukraine "About information security in information and telecommunication systems" are not applied to system of video surveillance which is created according to this Law.

3. Operation of the Law of Ukraine "About implementation of public procurements" does not extend to goods, works and services which procurement is conducted for creation and ensuring functioning of system of video surveillance.

4. To the Cabinet of Ministers of Ukraine:

1) on representation to Central Election Commission to approve the specification on creations of system of video surveillance;

To provide 2) in accordance with the established procedure financing of the actions provided by this Law;

3) to provide complete completing, testing and functioning of system of video surveillance on all polling precincts not later than in 10 days prior to ballot day;

4) it is excluded.

5. Central Election Commission:

1) to approve and submit for consideration of the Cabinet of Ministers of Ukraine representation concerning the amounts of financing of expenses on implementation of actions on implementation of system of video surveillance;

2) to bring the acts into accord with this Law;

3) to provide adoption of the acts provided by this Law.

 

President of Ukraine V. Yanukovych

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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