of July 16, 2020 No. 805-IX
About modification of some legal acts of Ukraine concerning enhancement of the electoral laws
The Verkhovna Rada of Ukraine decides:
I. Make changes to such legal acts of Ukraine:
1. In the Code of Ukraine about administrative offenses (The sheet of the Verkhovna Rada of USSR, 1984, appendix to No. 51, the Art. 1122):
Article 212-10 to state 1) in the following edition:
"Article 212-10. Violation of restrictions concerning conducting election propaganda, propaganda of referendum
Carrying out election propaganda, propaganda on referendum person whose participation in propaganda is forbidden by the law, carrying out propaganda out of the terms established by the law or in places which are prohibited by the law, carrying out propaganda in forms and the means contradicting the Constitution or the laws of Ukraine or other violation of the restrictions established by the law concerning conducting propaganda, except the cases provided by part two of this Article, articles 212-9, 212-13 and 212-14 of this Code
involve imposing of penalty on citizens from hundred to two hundred free minima income of citizens and on officials - from two hundred to three hundred free minima income of citizens.
Provision to voters, participants of referendum of money or gratuitously or on favorable terms goods (except the materials of propaganda determined by the law), privileges, benefits, gift certificates, services, works, securities, the credits, lottery tickets, other tangible and intangible assets provided that their cost does not exceed 0,06 of free minimum of the income of citizens which is followed by election propaganda or promotion of referendum, mentioning of name of the candidate, the name of political party which proposed the candidate on the corresponding elections, or use of the image of the candidate, symbolics of political party which proposed the candidate on the corresponding elections,
involve imposing of penalty from two hundred to three hundred free minima income of citizens";
2) in Article 212-15:
in the name of the word "with All-Ukrainian or local" to exclude;
word in paragraph one "propagandas on All-Ukrainian or local" shall be replaced with words "propagandas";
to add paragraph two after words of "political party" with words of "financial (material) support for implementation of election propaganda or propaganda of referendum";
To add 3) with Articles 212-22 - 212-24 following of content:
"Article 212-22. Public disclosure by the voter, participant of referendum of results of declaration of will indoors for vote
Public disclosure by the voter, participant of referendum of results of the declaration of will by demonstration of the bulletin indoors for vote
involves imposing of penalty from hundred to three hundred free minima income of citizens.
Article 212-23. Damage, concealment, destruction of the ballot, voting bulletin on referendum or its removal out of room limits for vote
Damage, concealment, destruction by the voter, participant of referendum of the ballot or voting bulletin on referendum, or its removal out of room limits for vote
involve imposing of penalty from hundred to two hundred free minima income of citizens.
Article 212-24. Hindrance to implementation of the voting right or the right to participate in referendum, or activities of the subject of the electoral process, process of referendum
Hindrance to implementation by the voter, participant of referendum of the voting right or the right to participate in referendum, preventing of activities of other subject of the electoral process, to process of referendum, initiative group of referendum, the commission on referendum, the member of the electoral commission, the member of initiative group of referendum, the member of the commission on referendum or the official observer at execution of the powers by them or implementation of the rights
involves imposing of penalty on citizens from hundred to two hundred free minima income of citizens and on officials - from two hundred to three hundred free minima income of citizens";
"212-2 - 212-21" to replace 4) in Article of 221 figures with figures "212-2 - 212-24";
5) in Article 255 part one:
to add paragraph two of Item 1 and Item 2-3 after figures "212-20" with figures "212-22 - 212-24";
"212-11 - 212-20" to add Item 2-2 after figures with figures "212-22 - 212-24".
2. In the Criminal code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131):
Part one of Article 55 to add 1) with the paragraph third the following content:
"Deprivation of the right to hold certain positions or to be engaged in certain activities as additional punishment for making of criminal offense against the voting rights and freedoms of the citizen provided by Articles 157 - the 160th of this Code, is appointed to term of five years";
Article 157 - 158-1 to state 2) in the following edition:
"Article 157. Hindrance to implementation of the voting right or the right to participate in referendum, work of the electoral commission or commission on referendum or activities of the official observer
1. Hindrance to free implementation by the voter, participant of referendum of the voting right or the right to participate in referendum, preventing of activities of other subject of the electoral process, process of referendum, initiative group of referendum, the commission on referendum, the member of the electoral commission, the member of initiative group of referendum, the member of the commission on referendum or the official observer at execution of the powers by them or in implementation of the rights, connected to deception or coercion,
it is punished by restriction of freedom for a period of up to three years or imprisonment for the same term.
2. The same act connected using violence, destruction or damage of property, threat of use of violence or destruction or damage of property
it is punished by restriction of freedom for a period of two up to five years or imprisonment for the same term.
3. The acts provided by parts one or the second this Article, made by previous concert by group of persons or the member of the electoral commission or the member of the commission of referendum
are punished by imprisonment for a period of three up to seven years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
4. Illegal intervention of the official in activities of the electoral commission, commission on referendum or member of the electoral commission, commission of referendum with use of official position for the purpose of influence on their actions or decisions
it is punished by imprisonment for a period of five up to ten years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
5. Evasion of the member of the electoral commission or the member of the commission on referendum from execution of the obligations in work of the commission without valid excuse that resulted in impossibility of work of the electoral commission, the commission of referendum in ballot day, carrying out counting of votes on the polling precinct or the site from referendum, establishment of results of vote in the respective constituency or the district on referendum, establishments of election results or referendum,
it is punished by restriction of freedom for a period of up to three years or imprisonment for the same term, with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
Article 158. Provision of false data in body of maintaining the State register of voters or other unauthorized intervention in work of the State register of voters
1. Intentional submission to body of maintaining the State register of voters of false information about voters, intentional entering of false data into the database of the State register of voters, unauthorized actions with information containing in the database of the State register of voters or other unauthorized intervention in work of the database of the State register of voters
are punished by imprisonment for a period of two up to four years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
2. The actions provided by part one of this Article committed repeatedly or by previous concert group of persons, the member of the electoral commission or commission on referendum, the official with use of official position, the authorized representative of the presidential candidate of Ukraine, the representative of batch, the representative of the subject of process of All-Ukrainian referendum in Central Election Commission, the authorized person of political party, the representative of the organization of batch in the electoral commission, authorized persons of the subject of process of All-Ukrainian referendum, the member of initiative group of referendum, the candidate, the authorized representative of the candidate or if such actions resulted in impossibility of establishment of results of vote on the polling precinct or the site from referendum, vote results in the respective constituency or the district on referendum, or to recognition of vote on the polling precinct or the site on referendum invalid,
are punished by imprisonment for a period of seven up to ten years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
Article 158-1. Illegal use of the ballot, voting bulletin on referendum, vote by the voter, participant of referendum more than once, stealing, damage, concealment or destruction of the ballot, voting bulletin on referendum
1. Provision or receipt of the ballot or voting bulletin on referendum-faced, not having the right to provide it or to receive, or provision to the voter, the participant of referendum of the completed ballot or voting bulletin on referendum or vote by the voter, participant of referendum more than once, illegal lowering of the ballot or voting bulletin on referendum in the ballot box
are punished by penalty from hundred to three hundred free minima income of citizens or corrective works for a period of up to two years, or restriction of freedom for a period of up to three years, or imprisonment for a period of up to two years.
2. Stealing, damage, concealment or destruction of the ballot, voting bulletin on referendum
are punished by penalty from two hundred to four hundred free minima income of citizens or corrective works for a period of up to two years, or restriction of freedom for a period of up to three years, or imprisonment for a period of up to two years.
3. The acts provided by parts one or the second this Article committed repeatedly or by previous concert group of persons, the candidate, the member of the electoral commission or the member of the commission of referendum, the authorized representative of the candidate, the authorized person of political party, the representative of the organization of batch in the electoral commission, the authorized person of the subject of process of All-Ukrainian referendum, the member of initiative group of referendum, the official observer or if such actions resulted in impossibility of carrying out counting of votes on the polling precinct or the site on referendum or to recognition of vote on the polling precinct or the site of referendum invalid,
are punished by imprisonment for a period of five up to seven years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
Note. Subject of the criminal offense determined by part two of this Article are not voters, participants of referendum who made the actions provided by this part concerning the ballot or voting bulletin on referendum";
3) in Article 158-2:
to state the name and part one in the following edition:
"Article 158-2. Illegal destruction or damage of the selective documentation or documentation of referendum
1. Illegal destruction or damage of the selective documentation or documentation of referendum to archive organizations or in Central Election Commission after elections or referendum
are punished by restriction of freedom for a period of three up to five years or imprisonment for a period of two up to four years";
in part two:
in paragraph one after words "the member of the electoral commission" to add with the words "or the member of the commission on referendum", and "the authorities or" to exclude words;
in the paragraph the second shall be replaced with words the words "up to three years or without that" "five years";
add with the note of the following content:
"Note. In this article and article 158-3 of this Code it is necessary to understand as the selective documentation electoral registers, ballots, all resolutions, protocols, acts of the electoral commissions, statements and representations of members of the electoral commission, subjects of the electoral process, other documents which are accepted (are constituted) by the electoral commissions and/or move in the electoral commissions during the electoral process and are subject to storage after elections in the public archive institutions or in Central Election Commission of Ukraine.
In this Article and Article 158-3 of this Code, it is necessary to understand participant lists of referendum, voting bulletins on referendum as documentation of referendum, control coupons of voting bulletins on referendum, all resolutions, protocols, acts, statements and representations of members of the commissions on referendum, other documents which are accepted (are constituted) by the commissions on referendum or move the commissions on referendum during referendum, and are subject to storage after holding referendum in archive organizations or in Central Election Commission";
To add 4) with Article 158-3 of such content:
"Article 158-3. Falsification, forgery, stealing, damage or destruction of the selective documentation, documentation of referendum, stealing, damage, concealment, destruction of seal of the electoral commission, commission of referendum, the ballot box, electoral register or participants of referendum
1. Signing by the chairman, vice-chairman, secretary, other member of the electoral commission, commission of referendum of the protocol on counting of votes on the polling precinct or the site on referendum of the protocol on vote results within the respective constituency, the district of referendum or on election results or referendum before final filling of the protocol, and also signing of such protocol not at meeting of the electoral commission or commission on referendum
it is punished by imprisonment for a period of two up to six years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
2. Counterfeit or illegal manufacture of the selective documentation, documentation of referendum, use or storage also inclusion in the selective documentation and documentation of referendum of obviously false information is illegal the made or counterfeited selective documentation, documentation of referendum, and
are punished by imprisonment for a period of three up to seven years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
3. Stealing, damage, concealment, destruction of seal of the electoral commission, commission of referendum, the ballot box with bulletins, electoral registers or participants of referendum or the protocol on counting of votes or participants of referendum, about vote results within the respective constituency on elections or referendum, about election results or referendum
are punished by imprisonment for a period of five up to seven years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
4. The actions provided by parts one, the second or third this Article, made repeatedly or by previous concert by group of persons or the official with use of official position or if such actions resulted in impossibility of carrying out counting of votes on the polling precinct or the site on referendum, establishments of results of vote in the respective constituency or the district on referendum, establishments of election results or referendum or to recognition of vote on the polling precinct or the site of referendum invalid,
are punished by imprisonment for a period of seven up to ten years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
5. Person is exempted from criminal liability for the crime provided by part one of this Article if it voluntarily before criminal prosecution reported about crime execution and promoted its disclosure";
Article 159 to state 5) in the following edition:
"Article 159. Violation of mystery of vote
1. Intentional violation of mystery of vote during elections or referendum which was expressed in disclosure of content of declaration of will of the voter or participant of referendum,
it is punished by penalty from three hundred to five hundred free minima income of citizens or restriction of freedom for a period of up to three years, or imprisonment for a period of up to two years.
2. The same act made by the member of the electoral commission or the member of the commission on referendum, the candidate, the authorized person of political party, the representative of the organization of batch in the electoral commission, the authorized person of the subject of process of All-Ukrainian referendum, the authorized representative of the candidate, the member of initiative group of referendum, the official observer or the official with use of the official position
it is punished by restriction of freedom for a period of up to three years or imprisonment for a period of two up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years";
6) in Article 159-1:
in the name and the text of the word of "propaganda on All-Ukrainian or local referendum" shall be replaced with words "propagandas of referendum";
word part one in paragraph one of "data in the report of batch" shall be replaced with words "the data in the report of political party", words of "the election fund of batch, the local organization of batch, the candidate on elections" - words of "the election fund of political party, the local organization of political party, the candidate";
paragraph two of parts one and the second to state in the following edition:
"are punished by penalty from hundred to three hundred free minima income of citizens or corrective works for a period of up to two years, or restriction of freedom for the same term, with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years";
in paragraph one of part two of the word "for benefit of batch" shall be replaced with words "for benefit of political party";
to state paragraph two of part three in the following edition:
"are punished by penalty from three hundred to five hundred free minima income of citizens or corrective works for a period of up to two years, or restriction of freedom for the same term, with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years";
in the paragraph the second to replace parts four of the word "to three" with the word "five";
in the note to Article of the word "in two or more times" to exclude;
Article 160 to state 7) in the following edition:
"Article 160. Bribery of the voter, participant of referendum, member of the electoral commission or commission on referendum
1. Adoption of the offer, promise or obtaining by the voter, participant of referendum, the member of the electoral commission or commission of referendum, the official observer for or the third party of illegal benefit for making or non-execution of any actions connected with direct realization by it of the voting rights, the participation rights in referendum
are punished by penalty from three hundred to four hundred free minima income of citizens or corrective works for a period of up to two years, or imprisonment for the same term.
2. The offer, the promise or provision to the voter or the participant of referendum, the candidate, the member of the electoral commission or commission of referendum of illegal benefit for making or non-execution of any actions connected with direct realization by it of the voting right, the participation right in referendum
are punished by restriction of freedom for a period of up to three years or imprisonment for a period of two up to six years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
3. Provision to voters, participants of referendum, legal entities of illegal benefit which is followed by election propaganda or promotion on referendum, mentioning of name of the candidate, the name of political party which proposed the candidate on the corresponding elections, or use of the image of the candidate, symbolics of political party which proposed the candidate on the corresponding elections,
are punished by restriction of freedom for a period of two up to five years or imprisonment from two to six years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
4. The actions provided by part two or third this Article committed repeatedly or by previous concert group of persons or the member of the electoral commission or commission of referendum, the member of initiative group of referendum, the candidate or his authorized representative, other person at the request of the candidate or at the request of the candidate or political party which pushed it, the authorized person of political party, the representative of the organization of political party in the electoral commission, the authorized person of the subject of process of All-Ukrainian referendum, and also the official observer,
are punished by imprisonment for a period of five up to seven years with deprivation of the right to hold certain positions or to be engaged in certain activities for the term of five years.
5. Person, except the organizer and the instigator of criminal offense, is exempted from liability for the criminal offense provided by this Article if it voluntarily before criminal prosecution reported about crime execution and promoted its disclosure.
Note. In this Article it is necessary to understand food, alcoholic drinks and tobacco products as illegal benefit, irrespective of their cost, and also money, goods (except the materials of propaganda determined by the law), services, works, privileges, benefits, gift certificates, securities, the credits, lottery tickets, other tangible and intangible assets which cost exceeds 0,06 of free minimum of the income of citizens, on free or on other preferential terms are offered, promised, provided to candidates, voters, participants of referendum or members of the electoral commission, commission on referendum or received by specified persons".
3. In the Electoral code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2020, Art. No. No. 7-9, 48):
To exclude 1) in word preamble of "heads of the village, settlement";
2) in Article 3:
to exclude the Item "e" of part one;
the second to add part with paragraphs the second - the fourth such content:
"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 established 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";
The first and second Article 5 to state 3) to part in the following edition:
"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";
Part the second Article 6 to state 4) in the following edition:
"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";
5) in Article 7:
the fifth to state part in the following edition:
"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;
add with part nine of such content:
"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";
6) in Article 8:
in Item 3 parts one of the word of "criminal executive system" shall be replaced with words "execution of punishments or the pre-trial detention center";
the second to add part with the words "during vote on nation-wide elections";
in part three of the word of "criminal executive system" shall be replaced with words "execution of punishments or the pre-trial detention center, during vote on nation-wide elections";
the fourth to add part with the words "during vote on nation-wide elections";
add with part six of such content:
"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";
7) in Article 9:
in word part two "electoral laws" shall be replaced with words "the legislation on elections";
add with part three of the following content:
"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";
8) the paragraph one of part two of article 10 after words of "Public judicial administration of Ukraine" to add with words "The national agency concerning prevention of corruption, and in case of need - from other state bodies";
Part one of Article 11 to state 9) in the following edition:
"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";
Part the second Article 12 to state 10) in the following edition:
"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";
To exclude 11) in Article 13 of the word of "heads of the village, settlement";
Articles 18 and 20 to state 12) in the following edition:
"Article 18. Use of innovative technologies in the electoral process
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 effects 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 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 confidential services". Responsibility for reliability of copies of the documents submitted to the electoral commissions electronically carries person who certifies the document the qualified digital signature";
"Article 20. The electoral process
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";
13) in Article 21:
add part one with Item 7 of the following content:
"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";
add with part two of the following content:
"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";
Part third of Article 22 to state 14) in the following edition:
"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";
15) in Article 23:
in part two:
to add Item 1 after words of "executive bodies" with words of "authorities of the Autonomous Republic of Crimea";
add Item 2 with words "election programmes of batches (the local organizations of batches), candidates, the electoral lists of batches (the organizations of batches), the information about candidates";
the fourth and sixth to state parts in the following edition:
"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 printout 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";
"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";
Article 24 part one after the words "National Police of Ukraine" to add 16) with words Security Service of Ukraine, and after words of "appeals of the electoral commissions" - the words "timely carrying out calculations, implementation of the corresponding registration actions";
17) in Article 27:
to add part one paragraph two after words of "such territorial districts" with words "change of their borders and centers";
in the paragraph the second to exclude parts five of the word "on representation of the corresponding chairman of regional public administration";
the seventh to state part in the following edition:
"7. Borders, the center of the territorial district change Central Election Commission";
18) in Article 28:
the second after the words "on permanent basis, will be formed" to add part with the words "also are liquidated";
the seventh to add part with the paragraph the second such content:
"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";
add with part eight of such content:
"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";
19) in Article 30:
the fourth to state part in the following edition:
"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";
the fifth after the words "As an exceptional case" to add part with the words "in case";
20) in Article 33:
the sixth to state part in the following edition:
"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";
the seventh after the words "district electoral commission" to add part with words "(territorial representative office of Central Election Commission)";
the eighth to add part with the paragraph the second such content:
"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";
the tenth after words "electoral commissions" to add part with the words "and in case of education-territorial representative offices of Central Election Commission";
Shall be replaced with words 21) in part one of Article 34 of the word "on the corresponding elections" also in figures "according to article 70 of the Constitution of Ukraine";
22) in Article 35:
state the name in the following edition:
"Article 35. Acquisition and termination of the status of the legal entity by district and territorial electoral commissions";
to add part one after the word "district" with the word "(territorial)";
the second after the word "district" to add part with the word "(territorial)";
third to state part in the following edition:
"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";
the fourth after the word "district" to add part with the word "(territorial)";
the fifth and sixth to state parts in the following edition:
"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 archive 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, bodies of the income and charges.
Territorial authorities of the state financial control, the Pension fund of Ukraine, the income and charges 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, bodies of the income and charges) provided by paragraph one of this part is not required";
add with part seven of such content:
"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";
23) in Article 36:
state part one in the following edition:
"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";
the fifth to add part with the paragraph the second such content:
"The notification on meeting can be performed by phone, e-mail or with use of other means of telecommunication communication. 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";
the eighth after paragraph two to add part with the new paragraph of such content:
"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".
With respect thereto third to consider the paragraph the paragraph the fourth;
in paragraph four of part eight of the word "having disability" shall be replaced with words "owing to violation of health (in connection with disability, temporary disorder of health, age) require such maintenance";
the tenth to add part with the paragraph third such content:
"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";
parts the twelfth, fifteenth and seventeenth to state in the following edition:
"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";
"15. The decision of the electoral commission contradicting the legislation of Ukraine or accepted with exceeding 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";
"17. The procedure for production and the requirement to protocols of precinct election commissions on counting of votes are determined by Central Election Commission";
regarding the eighteenth to exclude the words "except the cases established by part of the seventeenth this Article";
add with part of the nineteenth of the following content:
"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";
24) in Article 37:
part four in paragraph one to replace the word "mornings" with figures and the word "11 hours";
in the paragraph the second part six of the word "authorized representatives, representatives of batches (organizations of batches)" shall be replaced with words "authorized representatives of batches (the local organizations of batches), candidates, authorized persons of batches";
25) in Article 38:
the fifth to add part with the paragraph the second such content:
"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";
the sixth to state part in the following edition:
"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";
add with parts seven and the eighth the following content:
"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";
The word "thirteen" to replace 26) in Article 41 part one with the word "eleven";
27) in Article 42:
in the paragraph the second shall be replaced with words parts two of the word "ten days" "nine days";
the fourth to state part in the following edition:
"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";
Part the fifth Article 43 to add 28) with the words "according to the procedure, established by this Code for transfer of preliminary electoral registers on regular polling precincts";
Item 3 parts four of Article 45 to state 29) in the following edition:
"3) the selective address (without specifying of the postal index and the country of accommodation or stay)";
Shall be replaced with words 30) in part three of Article 46 of the word "at least in thirteen days" "not later than eleven days";
31) in Article 47:
the second to add part with the paragraph the second such content:
"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";
in part three of the word "nationality with indication of accommodation time in the territory of Ukraine" shall be replaced with words "nationality, accommodation time in the territory of Ukraine (except the candidates registered for participation in local elections)";
The word "their" to replace 32) in Article 48 part two with the word "its";
33) in Article 49:
state part one in the following edition:
"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";
in part four:
the paragraph one to add with words "(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)";
in paragraph three the word "accepts" shall be replaced with words "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, accept";
The word of "seven" to replace 34) in Article 50 part three with the word of "two";
35) in Article 51:
to add part four paragraph two after the word "Support" with words "candidates (candidate), and batch (the organization of batches)";
in part ten shall be replaced with words the word "Subjects" "Candidates, batches (the organization of batches) - subjects";
36) in Article 55:
state part one in the following edition:
"1. The teleradio organizations which intend to place materials of election propaganda shall no later than for the third day later began to publish the electoral process of the corresponding elections in printing mass media of quotation of cost of one minute (second) of broadcasting time. The teleradio organizations which conduct broadcasting on national channels perform such publication in the Golos Ukrainy and Pravitelstvenny kuryer newspapers, the regional and local teleradio organizations - in regional and local printing mass media.
In case of neopublishing of quotations of cost of broadcasting time in the specified terms placement of propaganda materials on air of the relevant teleradio organization is forbidden";
the fourth after words of "the official announcement" to add part with words of "(promulgation)";
Part the fourth Article 56 to state 37) in the following edition:
"4. Printing mass media which intend to place materials of election propaganda shall no later than for the third day later began to publish the electoral process of the corresponding elections quotations of cost unit of the printing area. Nation-wide printing mass media perform such publication in the Golos Ukrainy and Pravitelstvenny kuryer newspapers, and regional and local - in the relevant printing mass media.
In case of neopublishing of quotations of cost of the printing area in the specified terms placement of propaganda materials in the relevant printing mass media is forbidden";
38) in Article 57:
the sixth to state part in the following edition:
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