LAW OF UKRAINE

of March 13, 2014 No. 879-VII

About introduction of amendments to the Law of Ukraine "About election of the president of Ukraine" and some other legal acts of Ukraine of rather technical and legal enhancement of the electoral process

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Law of Ukraine "About election of the president of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2004, No. 20-21, of Art. 291 with subsequent changes):

1) in Article 2:

in part two:

exclude Items 5 and 6;

state Item 7 in the following edition:

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

in Item 9 of the word of "organization of execution of punishments and the pre-trial detention center" shall be replaced with words "organizations of execution of punishments or the pre-trial detention center", and "organizations of execution of punishments and pre-trial detention centers" shall be replaced with words words "organizations of execution of punishments or pre-trial detention centers";

add with paragraphs of the following content:

"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";

the sixth to state part in the following edition:

"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";

2) in Article 3:

the second to state part in the following edition:

"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";

in part four:

word in paragraph one of "the rights and opportunities" shall be replaced with words "the rights and conditions";

in Item 2 of the word "public authorities and local self-government" shall be replaced with words "public authorities, authorities of the Autonomous Republic of Crimea and local government bodies";

add with items 4 and 5 following contents:

"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";

  "The cases provided" shall be replaced with words 3) in part three of Article 6 of the word "the case provided";

 Part one of Article 7 to state 4) in the following edition:

"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";

 Part one of Article 8 to state 5) in the following edition:

"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";

6) in Article 9:

the second - the fourth to replace parts with one part of the following content:

"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".

With respect thereto the fifth and sixth to consider parts respectively parts three and the fourth;

7) in Article 10:

the second offer of part one to state in the following edition: "This right is exercised by them through political parties (further - batches), and also by self-promotion compliance with this Law";

in part two "(block)" to exclude the word;

8) in Article 11:

in part two:

in Item 5 to exclude the word of "(blocks)";

in Item 6 the word of "opportunities" to replace with the word of "conditions";

in Item 7 of the word "the executive authority, local government bodies" shall be replaced with words "the executive authority, authorities of the Autonomous Republic of Crimea, local government bodies", and to exclude the word of "(blocks)";

the fourth to state part in the following edition:

"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";

2 parts five to state Item in the following edition:

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

the seventh to state part in the following edition:

"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";

add with parts eight and the ninth the following content:

"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 field of treasurer servicing of budgetary funds, the central executive body, realizing state policy in the field 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, militia) 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";

 Items 2-5 of Article 12 to state 9) in the following edition:

"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";

10) in Article 13:

in part two:

in Item 1 of the word of "executive bodies and local government bodies" shall be replaced with words "executive bodies, authorities of the Autonomous Republic of Crimea and local government bodies";

in Item 3 the word will be "promulgated" to replace with the word "announce";

third to state part in the following edition:

"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";

in part four of the word "executive bodies, local government bodies" shall be replaced with words "executive bodies, authorities of the Autonomous Republic of Crimea and local government bodies";

the fifth to state part in the following edition:

"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 part one after words "the Law of Ukraine "On Central Election Commission" to add 11) with words "the Law of Ukraine "On the State register of voters";

12) in Article 15:

third to state part in the following edition:

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

in part four:

add with Item 1-1 of the following content:

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

add with Items 3 and 4 of the following content:

"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, ustanovlennyekonstitution of Ukraine and this Law";

The text of Article 16 to state 13) in the following edition:

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

14) in Article 17:

state part one in the following edition:

"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";

in part two to replace the word "ninety" with the word "hundred";

the third and fourth to state parts in the following edition:

"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";

the fifth to exclude part;

the sixth to state part in the following edition:

"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";

 Part one of Article 18 to add 15) with the words "and in some cases terms are estimated in hours or minutes";

16) in Article 19:

add part one with the words "and the foreign constituency (further-the foreign district)";

second and third to state parts in the following edition:

"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";

the fourth to exclude part;

the fifth to state part in the following edition:

"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";

17) in Article 20:

the first - the fifth to state parts in the following edition:

"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";

the sixth - the ninth to exclude parts;

the tenth to state part in the following edition:

"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, unexpected 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";

the eleventh and twelfth to exclude parts;

 Part third of Article 21 to state 18) in the following edition:

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

19) in Article 22:

state part one in the following edition:

"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";

the second to add part with the offer of the following content: "The Central Election Commission is not legal successor of district electoral commissions";

in word part five of "public authorities and local government bodies" shall be replaced with words "public authorities, authorities of the Autonomous Republic of Crimea and local government bodies";

20) in Article 23:

the second to state part in the following edition:

"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";

in part three:

the paragraph one to state in the following edition:

"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";

in the paragraph the second shall be replaced with words the words "sixty six days" "seventy days";

the eleventh to state the paragraph in the following edition:

"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";

the twelfth to exclude the paragraph;

the first offer of the paragraph of the thirteenth to state in the following edition: "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";

the second - the fourth offer of part four to exclude;

in part five of the word "it is less than ten people, district electoral commission is formed by Central Election Commission on representation of its chairman in number of nine people" shall be replaced with words "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";

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