LAW OF UKRAINE

of March 5, 1999 No. 474-XIV

About election of the president of Ukraine

Section I. General provisions

Article 1. Basic principles of election of the president of Ukraine

1. The president of Ukraine is elected citizens of Ukraine on the basis of general, equal and direct suffrage by secret vote.

2. The term of office of the President of Ukraine is determined by the Constitution of Ukraine.

Article 2. Universal adult suffrage

1. Election of the president of Ukraine is general. At election of the president of Ukraine citizens of Ukraine which on the election day performed eighteen years have the right to vote.

2. The document confirming citizenship of Ukraine is:

1) passport of the citizen of Ukraine;

2) the passport of the citizen of Ukraine for trip abroad;

3) diplomatic passport;

4) service passport;

5) ceased to be valid according to the Law of Ukraine of 13.03.2014 No. 879-VII

6) ceased to be valid according to the Law of Ukraine of 13.03.2014 No. 879-VII

7) the military ID (only for the military personnel of conscription service);

8) temporary certificate of the citizen of Ukraine;

9) 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, photograph of person, the signature of the head and seal of organization, - for persons containing in organizations of execution of punishments or pre-trial detention centers.

The documents specified in Items 1, of 7, 8 parts two of this Article is the basis for receipt of the ballot and can be used on regular and special polling precincts.

The document specified in Item 9 parts two of this Article is the basis for receipt of the ballot and can be used on the special polling precinct formed in the relevant organization of execution of punishments or the pre-trial detention center.

The documents specified in Items 2-4 of part two of this Article is the basis for receipt of the ballot and can be used on the 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.

3. The citizens of Ukraine having the right to vote can take part in work of the electoral commissions as their members, and also in the carrying out election propaganda, implementation of observation of elections of the President of Ukraine and other actions according to the procedure determined present and other laws of Ukraine.

4. 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, on language or other signs are forbidden. Restrictions on participation of citizens in the electoral process, except the restrictions provided by the Constitution of Ukraine and this Law are not allowed.

5. The citizen recognized by court incapacitated has no right to vote.

6. Realization of voting power at election of the president of Ukraine by citizens of Ukraine who live or are during preparation and elections outside Ukraine, it is provided by their inclusion in the electoral register on the respective foreign polling precinct formed according to this Law.

7. The citizens of Ukraine having the right to vote are voters.

Article 3. Equal suffrage

1. Election of the president of Ukraine is equal: citizens of Ukraine take part in elections on equal terms.

2. Each citizen of Ukraine at election of the president of Ukraine has one voice. The voter can use voting power only on one polling precinct where he is included in the electoral register. The voter exercises voting power on elections according to the procedure, established by this Law.

3. All presidential candidates of Ukraine have the equal rights and opportunities to take part in the electoral process.

4. The equal rights and conditions of participation in the electoral process are provided:

1) prohibition of privileges or restrictions of presidential candidates of Ukraine on signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property status, the residence, on language or other signs;

2) prohibition of intervention of public authorities, authorities of the Autonomous Republic of Crimea and local government bodies in the electoral process, except as specified, provided by this Law;

3) prohibition of use for financing of election propaganda of other means, except means of the Government budget of Ukraine and means of the election funds of presidential candidates of Ukraine;

4) the equal and impartial relation of public authorities, authorities of the Autonomous Republic of Crimea and local government bodies, their official and officials to presidential candidates of Ukraine;

5) equal and impartial attitude of mass media towards presidential candidates of Ukraine.

Article 4. Direct suffrage

Election of the president of Ukraine is straight lines. Citizens of Ukraine directly elect the President of Ukraine.

Article 5. Voluntariness of participation in elections

Participation of citizens of Ukraine in election of the president of Ukraine is voluntary. Nobody can be forced to participation or nonparticipation in elections.

Article 6. Free elections

1. Election of the president of Ukraine is free. Conditions for free forming of the will and its free expression during the vote are provided to voters.

2. Use of violence, threats, deception, bribery or any other actions interfering free forming and free expression of will of the voter is forbidden.

3. The military personnel votes on the regular polling precincts located outside places of dislocation of military units, except for the case provided by this Law. For ensuring free declaration of will by the serviceman of conscription service leave for participation in vote for four hours is granted at least.

Article 7. Secret vote

1. Vote at election of the president of Ukraine is secret: control of declaration of will of voters is forbidden. Photography, video fixing in any method of results of declaration of will of voters in cabin for secret vote, and also demonstration by the voter of results of declaration of will indoors for vote is forbidden and is violation of mystery of vote.

Members of the electoral commissions, 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.

Article 8. Personal vote

1. Each voter votes at election of the president of Ukraine personally. Vote for other persons, and also transfer by the voter of voting power to any other person is forbidden.

The help to the voter with special needs who cannot independently fill in the ballot or lower it in the ballot box, in accomplishment of these actions according to its declaration of will and according to the procedure, established by this Law, it is not considered vote instead of this voter.

Article 9. The right to be elected

1. The citizen of Ukraine who on the election day reached thirty five years can be elected the president of Ukraine, has the right to vote, knows state language and lives in Ukraine during ten last before the election day of years.

2. Person is considered living in the territory of Ukraine if its residence is registered in Ukraine according to the Law of Ukraine "About freedom of travel and the free choice of residence in Ukraine".

3. The same person cannot be the President of Ukraine more than two terms in a row. Person who was in a row elected to post of the President of Ukraine twice cannot be proposed as the candidate for this post.

4. Person whose powers on post of the President of Ukraine were stopped ahead of schedule according to the Constitution of Ukraine cannot be proposed as the presidential candidate of Ukraine on the early elections appointed in connection with the specified termination of powers.

Article 10. Right of promotion of the presidential candidate of Ukraine

1. The right of promotion of the presidential candidate of Ukraine belongs to the citizens of Ukraine having the right to vote. This right is exercised by them through political parties (further - batches), and also by self-promotion compliance with this Law.

2. The batch can propose only one presidential candidate of Ukraine.

Article 11. The electoral process

1. The electoral process is implementation by the subjects determined by article 12 of this Law, the selective procedures provided by this Law.

2. The electoral process is performed on the principles:

1) legality and prohibition of illegal intervention someone in this process;

2) political pluralism and multi-party system;

3) publicity and openness of the electoral process;

4) equalities of all presidential candidates of Ukraine;

5) equal rights of batches - subjects of the electoral process;

6) freedoms of election propaganda, equal conditions of access for presidential candidates of Ukraine to mass media;

7) objectiveness of executive bodies, authorities of the Autonomous Republic of Crimea, local government bodies, the companies, institutions, organizations and the organizations, their heads, others official and officials to presidential candidates of Ukraine, batches (blocks).

3. The beginning of the electoral process is determined by the terms established by the Constitution of Ukraine and this Law.

4. The electoral process includes the following stages:

1) promotion and registration of presidential candidates of Ukraine;

2) education district and precinct election commissions;

3) carrying out election propaganda;

4) formation of the special polling precincts existing on a temporary basis;

5) creation of electoral registers, their check and refining;

6) votes in the election day of the President of Ukraine;

7) counting of votes, establishments of results of vote and election results of the President of Ukraine and their official announcement;

8) terminations of powers district and precinct election commissions.

5. If necessary the electoral process can include also following stages:

1) repeated vote;

2) counting of votes, establishments of results of repeated vote and election results of the President of Ukraine and their official announcement.

6. The stages provided by part five of this Article take place only in the cases provided by this Law.

7. The electoral process comes to the end in fifteen days after day of the official announcement with Central Election Commission of election results of the President of Ukraine or the official publication of representation of Central Election Commission in the Verkhovna Rada of Ukraine about purpose of repeated election of the president of Ukraine.

8. Powers district and precinct election commissions in the cases provided by this Law can partially proceed out of terms of the electoral process.

9. Executive bodies, including the central executive body realizing state policy in the sphere of treasurer servicing of budgetary funds, the central executive body, realizing state policy in the sphere of state registration of legal entities 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) will organize the work during the electoral process, including on the weekend and in ballot day so that to provide acceptance and consideration of documents on preparation and elections of the President of Ukraine, actions for declaration, claims and appeals of the electoral commissions to terms and the method established by this Law.

Article 12. Subjects of the electoral process

Subjects of the electoral process are:

1) voter;

2) the electoral commission formed according to this Law and the Law of Ukraine "About Central Election Commission";

3) the presidential candidate of Ukraine, is registered according to the procedure, established by this Law;

4) batch which proposed the presidential candidate of Ukraine;

5) the official observer from batch - the subject of the electoral process, from the presidential candidate of Ukraine, from public organization which is registered according to the procedure, established by this Law.

Article 13. Publicity and openness of the electoral process

1. Preparation and elections of the President of Ukraine are performed publicly and openly.

2. For ensuring publicity and openness of the electoral process the electoral commissions according to the powers:

1) the information about the structure, the location and operating mode, about formation of territorial constituencies and the polling precincts, about time and the venue of vote, about basic rights of voters, including about the right of appeal of illegal decisions, actions or failure to act of the electoral commissions, executive bodies, authorities of the Autonomous Republic of Crimea and local government bodies, companies, organizations and organizations, their heads will promulgate, others official and the officials violating or limiting the voting rights;

2) provide access of citizens to electoral registers, information about presidential candidates of Ukraine, election programmes of presidential candidates of Ukraine, to procedure for filling of ballots;

3) is announced by results of vote and election results of the President of Ukraine;

4) provide other information in the cases provided by this Law.

3. Decisions of the electoral commissions, and also decisions of executive bodies concerning realization by voters of voting power on elections are brought by them to the attention of citizens through printing mass media or, in case of impossibility, will be promulgated by different way. All decisions of Central Election Commission instantly, and district electoral commissions, concerning the electoral process, instantly after receipt in Central Election Commission are published on the official site of Central Election Commission.

4. Mass media shall light the course of the electoral process objectively. Easy access on all public actions connected with elections, and on meetings of the electoral commissions and on the polling precincts in the election day and in day of repeated vote - on the conditions determined in part nine of article 28 of this Law is guaranteed to their representatives. The electoral commissions, executive bodies, authorities of the Autonomous Republic of Crimea and local government bodies, official and officials of these bodies shall within the powers and competences to provide to representatives of mass media the information on preparation and elections necessary for them.

5. The Ministry of Foreign Affairs of Ukraine and foreign diplomatic organizations of Ukraine under which foreign polling precincts are formed provide promulgation on the official sites of data on time and the place of vote, about the location of the respective polling precincts, about procedure and circulation periods to precinct election commissions, concerning inclusion of the voter in the electoral register on the foreign polling precinct.

Article 14. Legislation on election of the president of Ukraine

Preparation and elections of the President of Ukraine are regulated by the Constitution of Ukraine, this Law, the Law of Ukraine "About Central Election Commission", the Law of Ukraine "About the State register of voters", other laws of Ukraine, resolutions of the Verkhovna Rada of Ukraine on calling of an election of the President of Ukraine, and also other acts of the legislation adopted according to this Law.

Section II. Procedure and terms of appointment and elections of the President of Ukraine

Article 15. Types of election of the president of Ukraine

1. Election of the president of Ukraine can be next, extraordinary and repeated.

2. Regular elections of the President of Ukraine are held in connection with the expiration of the constitutional term of office of the President of Ukraine.

3. Early elections of the President of Ukraine are held in connection with adoption of the relevant resolution of the Verkhovna Rada of Ukraine.

4. Repeated election of the president of Ukraine is held in cases:

1) if the ballot for vote included no more than two presidential candidates of Ukraine and any of them was not elected;

1-1) if after the term of registration of presidential candidates of Ukraine any candidate is not registered;

2) if all presidential candidates of Ukraine included in the ballot till the election day or about day of repeated vote withdrew the candidacies;

3) if election of the president of Ukraine is recognized as cancelled;

4) if person after its election did not receive the mandate according to the procedure and in time, established by the Constitution of Ukraine and this Law.

Article 16. Procedure for calling of an election of the President of Ukraine

Election of the president of Ukraine is appointed by the Verkhovna Rada of Ukraine by adoption of the relevant resolution.

Article 17. Terms of appointment and elections

1. Regular elections of the President of Ukraine are held last Sunday of March of the fifth year of powers of the President of Ukraine.

2. The Verkhovna Rada of Ukraine appoints regular elections of the President of Ukraine not later than hundred days till the election day. The Verkhovna Rada of Ukraine provides publication of the decision on purpose of regular elections of the President of Ukraine in mass media.

3. The electoral process of regular elections of the President of Ukraine begins in ninety days prior to ballot day. The Central Election Commission announces the beginning of the electoral process by decision path not later than ninety one days till ballot day.

4. Early elections of the President of Ukraine are held last Sunday of ninety-day term from the date of their appointment as the Verkhovna Rada of Ukraine.

5. It is excluded according to the Law of Ukraine of 13.03.2014 No. 879-VII

6. The electoral process of early elections of the President of Ukraine begins from the date of, following behind the day specified in part four of this Article.

7. Repeated election of the president of Ukraine takes place on the last Sunday of ninety-day term from the date of adoption of the resolution of the Verkhovna Rada of Ukraine on purpose of repeated elections.

8. The resolution of the Verkhovna Rada of Ukraine on purpose of repeated elections is accepted not later than for the fifteenth day after day of entering into the Verkhovna Rada of Ukraine of the corresponding representation of Central Election Commission.

9. The electoral process of repeated election of the president of Ukraine begins next day after official publication of the resolution of the Verkhovna Rada of Ukraine on their appointment.

Article 18. Procedure for calculation of terms

1. All terms determined in this Law are estimated in calendar days, and in some cases terms are estimated in hours or minutes.

2. In the first afternoon of term which according to the Law shall begin in connection with approach of certain event the day following after day of approach of the specified event is.

3. Last afternoon of term which according to the Law shall expire in connection with approach of certain event the day preceding day of the specified event is.

Section III. Territorial organization of election of the president of Ukraine

Article 19. Constituencies

1. Election of the president of Ukraine is held on the single nation-wide single-candidate constituency which includes all territory of Ukraine and the foreign constituency (further - the foreign district).

2. For preparation, the organizations and elections of the President of Ukraine are used single-candidate constituencies which were formed according to the Law of Ukraine "About elections of People's Deputies of Ukraine" and act on the permanent basis (further - territorial constituencies).

3. Not later than two hundred days till ballot day on regular elections of the President of Ukraine the Central Election Commission for observance of the requirements provided by the Law of Ukraine "About elections of People's Deputies of Ukraine" can review borders of the single-candidate districts formed and acting on the permanent basis. The list of territorial constituencies for regular elections of the President of Ukraine with indication of their numbers, borders and the centers of districts is published by Central Election Commission on regular elections of the President of Ukraine not later than hundred days, and on early and repeated elections not later than fifty days till the election day in nation-wide and in regional mass media, and also posted on the official website of Central Election Commission.

4. It is excluded according to the Law of Ukraine of 13.03.2014 No. 879-VII

4. As an exceptional case for providing the proper organization of work of district electoral commission its location can be changed by Central Election Commission on representation of the corresponding chairman of regional public administration and be out of the respective territorial constituency.

5. The foreign constituency is constituted by all foreign polling precincts formed according to the Law of Ukraine "About elections of People's Deputies of Ukraine" and act on the permanent basis.

Article 20. The polling precincts

1. For preparation, the organizations and carrying out vote and counting of votes are used the regular, special and foreign polling precincts formed on permanent basis according to the Law of Ukraine "About elections of People's Deputies of Ukraine" and also the special sites which are formed on a temporary basis according to this Law (further - the polling precincts).

2. The special polling precincts existing on a temporary basis are formed by district electoral commission based on representations of district, district public administrations or executive committees of city councils of the cities in the cities of Kiev and Sevastopol regional (republican to the Autonomous Republic of Crimea) value 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.

Special polling precincts are intended for the organization and carrying out vote in stationary healthcare institutions, in the courts which are in the election day in swimming under National Flag of Ukraine at the polar station of Ukraine, in organizations of execution of punishments both pre-trial detention centers and other places of temporary stay of voters with limited traficabilities. As an exceptional case special polling precincts can be formed by Central Election Commission in the territory of military units (forming).

Special polling precincts are formed in the location of the relevant organizations or organizations or in the place of addition of the vessel or the polar station.

3. In idea of creation of the special polling precinct on a temporary basis in the relevant organization or organization are specified:

1) name of institution or organization;

2) legal address of organization or organization;

3) the approximate number of voters who will be in institution or organization in ballot day;

4) availability of the respective room for vote and its address (if the room address for vote differs from legal address of institution or organization);

5) obligations of management of the organization or organization on ensuring open access to the room for vote of members of the relevant electoral commission and faces which according to this Law have the right to be present at the vote and counting of votes.

4. In idea of creation of the special polling precinct on the vessel which is in swimming under National Flag of Ukraine are specified:

1) name of the vessel;

2) vessel's home port;

3) the approximate number of voters on the vessel;

4) the day of exit of the vessel, last before ballot day, in swimming from port of documentation;

5) approximate day of calling of the vessel, next to the election day, the port of Ukraine.

5. The Central Election Commission provides promulgation on the official website of Central Election Commission the list of the regular and special polling precincts formed and acting on the permanent basis with indication of territorial constituencies in which these polling precincts belong, numbers of the polling precincts, their borders or organizations (institutions) in which they are formed of addresses of the respective precinct election commissions and rooms for vote on regular elections of the President of Ukraine not later than hundred days, and on early and repeated elections not later than fifty days till the election day.

6. It is excluded according to the Law of Ukraine of 13.03.2014 No. 879-VII

7. It is excluded according to the Law of Ukraine of 13.03.2014 No. 879-VII

8. It is excluded according to the Law of Ukraine of 13.03.2014 No. 879-VII

9. It is excluded according to the Law of Ukraine of 13.03.2014 No. 879-VII

10. The polling precincts existing on a temporary basis are formed not later than thirty days till the election day. As an exceptional case the special polling precinct can be formed by Central Election Commission not later than ten days till the election day in case of formation of new stationary establishment of health protection, organization of execution of punishments, the pre-trial detention center or other organization (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) on representation to the relevant district electoral commission or the Ministries of Defence of Ukraine.

11. It is excluded according to the Law of Ukraine of 13.03.2014 No. 879-VII

12. It is excluded according to the Law of Ukraine of 13.03.2014 No. 879-VII

Section IV. The electoral commissions

Article 21. System of the electoral commissions

1. Election of the president of Ukraine will organize and carry out:

1) Central Election Commission;

2) district electoral commissions;

3) precinct election commissions.

2. Powers of the electoral commissions on preparation and elections of the President of Ukraine extend:

1) Central Election Commission - on all territory of Ukraine;

2) district electoral commission - on the territory of the respective territorial constituency;

3) the precinct election commission - on the territory of the respective polling precinct.

3. The Central Election Commission performs powers of district electoral commission in the foreign constituency.

Article 22. Status of the electoral commissions

1. The electoral commissions are special collegiate organs, authorized to organize preparation and elections of the President of Ukraine and to provide observance and identical application of the legislation of Ukraine on election of the president of Ukraine.

2. The status of Central Election Commission is determined by the Constitution of Ukraine, the Law of Ukraine "About Central Election Commission", present and other laws. The Central Election Commission heads system of the electoral commissions which will organize preparation and elections of the President of Ukraine, and is the commission of the highest level concerning all district and the precinct election commissions provided by this Law. The Central Election Commission is not legal successor of district electoral commissions.

3. The status district and precinct election commissions is determined by this Law.

4. District electoral commission is legal entity. District electoral commission is the commission of the highest level concerning all precinct election commissions in the territory of the respective territorial constituency concerning election of the president of Ukraine.

5. The precinct election commission is not legal entity. The precinct election commission is subject of the corresponding electoral process, has the address right within the powers in public authorities, authorities of the Autonomous Republic of Crimea and local government bodies, the companies, institutions, organizations and the organizations, to their official and to officials. The precinct election commission has own seal which sample affirms Central Election Commission.

Article 23. Formation of Central Election Commission and district electoral commissions

1. The Central Election Commission is formed according to the Constitution of Ukraine and the Law of Ukraine "About Central Election Commission".

2. District electoral commission is formed by Central Election Commission not later than forty days till the election day as a part of the chairman, the vice-chairman, the secretary and other members of the commission in number of at least twelve people.

3. Representation on candidates (on one person in one electoral commission from one candidate) are brought in structure of district electoral commissions by presidential candidates of Ukraine, registered in Central Election Commission. Representation on candidates in structure of district electoral commissions is brought in Central Election Commission on papers and in electronic form not later than forty five days till the election day signed by the presidential candidate of Ukraine or his authorized representative in Central Election Commission.

The representation form in structure of district electoral commissions affirms Central Election Commission not later than seventy days till the election day. In representation are specified:

1) surname, name and middle name of person;

2) birth date;

3) nationality;

4) residence and address of housing of person, and also its contact telephone numbers;

5) ownership of state language;

6) education;

7) place of employment and post of person;

8) experience concerning participation in work of the electoral commissions;

9) data on absence at person of criminal record for making of heavy or especially serious crime, crime against the voting rights of citizens or corruption crime which is not extinguished or is not removed in the procedure established by the law;

10)   No. 879-VII Is excluded according to the Law of Ukraine of 13.03.2014

Photocopies of the first and second pages of the passport of the citizen of Ukraine everyone offered persons, and also with own hand written applications of persons offered in structure of district electoral commission for consent to participation in work of the electoral commission from appropriate subject of representation, consent to carry out job responsibilities of the chairman, vice-chairman or secretary of the electoral commission and about failure to provide consent to participation in work of the electoral commission as another representation on the corresponding elections are applied to representation. Candidacies in structure of district electoral commission can be rejected only for causes of infringement of requirements of parts three, the sixth, seventh this Article, part three of article 29 of this Law.

4. The technical slips and inaccuracies allowed in representation are not the basis for variation of the made nominations.

5. If in the time established by part three of this Article did not arrive representation concerning structure of district electoral commission or if the number of persons offered in structure of the electoral commission makes less than twelve people, district electoral commission is formed by Central Election Commission on representation of its chairman based on proposals of members of Central Election Commission in number of twelve people with obligatory accounting of the given nominations from presidential candidates of Ukraine made according to part three of this Article.

6. Citizens of Ukraine who have the right to vote can be part of district electoral commission. The citizen of Ukraine can be part only of one electoral commission performing preparation and elections of the President of Ukraine, and also elections of People's Deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils and rural, settlement, mayors, the commissions of All-Ukrainian or local referendum if the electoral process of the specified elections or process of referendum is carried out along with process of election of the president of Ukraine.

7. Presidential candidates of Ukraine, their authorized representatives, authorized representatives, official observers, official and officials of public authorities, authorities of the Autonomous Republic of Crimea and local government bodies, employees of courts and law enforcement agencies, and also citizens who contain in organizations of execution of punishments or pre-trial detention centers or having criminal record for making of heavy or especially serious crime, crime against the voting rights of citizens or corruption crime cannot be part of district electoral commission if this criminal record is not extinguished or is not removed in the procedure established by the law. If along with the election of the president of Ukraine other elections are held, candidates who stand on these elections, their authorized representatives, authorized persons of batches - subjects of the corresponding electoral processes, official observers cannot be part of the electoral commission.

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