LAW OF UKRAINE

of April 8, 2014 No. 1184-VII

About introduction of amendments to the Law of Ukraine "About elections of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, local councils and rural, settlement, mayors" and some other laws of Ukraine of rather technical and legal enhancement of the electoral process

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following laws of Ukraine:

1. In the Law of Ukraine "About elections of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, local councils and rural, settlement, mayors" (Sheets of the Verkhovna Rada of Ukraine, 2010, No. 35-36, of Art. 491 with subsequent changes):

 Article 3 to add 1) with part seven of the following content:

"7. The military personnel having the right to vote on the corresponding local elections according to part one of article 3 of this Law votes on the regular polling precincts located outside military units (forming). For providing conditions for free declaration of will by such serviceman in ballot day leave for participation in vote for four hours is granted at least";

The text of Article 7 to state 2) in the following edition:

"1. Vote on local elections is secret: control of declaration of will of voters is forbidden. Photography, video fixing in any manner of results of declaration of will of voters in cabin for secret vote, and also demonstration to voters of results of declaration of will indoors for vote is forbidden and is violation of mystery of vote.

2. Members of the electoral commissions, other persons are forbidden to make any actions or to disclose the data allowing to establish content of declaration of will of the specific voter";

 Part one of Article 8 to add 3) with the paragraph the second the following content:

"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";

4) in Article 11:

2 parts three to exclude Item;

add with part six of the following content:

"6. Early, intermediate, first elections of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, local councils and rural, settlement, mayors can be carried out along with the election of the president of Ukraine, elections of People's Deputies of Ukraine, referendum";

 Item 5 parts one of Article 12 to add 5) with the words "from public organizations";

 Part third of Article 14 to add 6) with the offer of the following content: "Such decision is made by the Verkhovna Rada of Ukraine not later than in devyanostodnevny time from the date of early termination of powers of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, local council, rural, settlement, the mayor";

7) in Article 15:

the seventh to state part in the following edition:

"7. The Central Election Commission by adoption of the relevant decision announces the beginning of the electoral process of the next, first local elections, and territorial election commission - the beginning of the electoral process of early, repeated, intermediate local elections at the meeting about what it is specified in the minutes of the commission. The official announcement is adoption by the relevant electoral commission of the decision on the beginning of the electoral process of the corresponding type of local elections. Such decision of the relevant electoral commission on the announcement of the beginning of the electoral process of the corresponding type of local elections will be promulgated next day after day of the announcement respectively in nation-wide or local mass media or other method determined by it.

The official announcement decision path about the beginning of the electoral process is performed by Central Election Commission not later than five days about day of the beginning of the electoral process of local elections, territorial election commission - within five days from the date of decision making about purpose of early local elections, and in case of appointment of repeated or intermediate local elections as territorial election commission - along with adoption of such decision by it";

the second offer of part eight to state in the following edition: "In case of divergence of territorial election commission the decision on the beginning of the electoral process is made by Central Election Commission";

the ninth to state part in the following edition:

"9. The terms determined in this Law are estimated in calendar days, in some cases terms are estimated in hours or minutes";

8) the seventh Article 17 to state part in the following edition:

"7. The decision on formation of single-candidate, single-candidate majority constituencies with indication of their numbers, borders, the approximate number of voters in each constituency will be promulgated by the relevant territorial election commission in local printing mass media or other method determined by this electoral commission next day after decision making about formation of the respective constituencies";

 Article 18 to state 9) in the following edition:

" Article 18. The polling precincts

1. For preparation and carrying out vote and counting of votes the regular and special polling precincts in stationary healthcare institutions formed on permanent basis according to the Law of Ukraine "About elections of People's Deputies of Ukraine" are used.

2. Regular polling precincts are intended for preparation and carrying out vote and counting of votes in the place of their accommodation.

3. Special polling precincts are intended for vote of voters with limited traficabilities in stationary healthcare institutions";

10) in Article 19:

in part one:

in paragraph six of Item 2 of the word" (in the cities where district councils in the city are formed)" shall be replaced with words "(in the cities with district division)";

add with the paragraph of the following content:

"District the commissions, electoral in the city, in the cities with district division where the district councils in the city created for implementation of the powers provided by this Law in the respective selective territorial district at elections of deputies of city councils and mayors are not formed";

 in part two:

word in paragraph one of "elections of deputies" shall be replaced with words "local elections";

state Item 2 in the following edition:

"2) territorial election commission - on the territory of the respective constituency or the selective territorial district within administrative and territorial unit of rather corresponding local elections";

11) in Article 20:

third to add part with the paragraph the second the following content:

"Powers of territorial election commission in the created structure begin with the moment of bringing of the oath the majority from the structure of territorial election commission determined when forming its structure at meeting of this commission. Such meeting is convened by the chairman of territorial election commission and held not later than for the second day after day of decision making about forming of its structure";

the fifth to add part with the paragraph the second the following content:

"The Central Election Commission is not legal successor of territorial election commissions";

the sixth to state part in the following edition:

"6. Powers of the precinct election commission begin with the moment of bringing of the oath the majority from structure of the precinct election commission determined in case of its education at meeting of this commission. Such meeting is convened by the chairman of the precinct election commission and held not later than for the second day after day of decision making about its education.

Powers of the precinct election commission stop in five days after day of official promulgation of results of local elections. The precinct election commission stops the activities along with the termination of its powers";

12) in Article 21:

  second and third to state parts in the following edition:

"2. The citizen of Ukraine can be at the same time part only of one electoral commission performing preparation and carrying out local elections or any other elections or the commissions on referendum if process of the specified elections or referendum is carried out along with process of the corresponding local elections.

3. Candidates, candidates for position of the rural, settlement, city chairman, their authorized representatives, representatives, authorized persons of the local organizations of the batches which proposed candidates in the multimandatory constituency official observers, official and officials of public authorities, authorities of the Autonomous Republic of Crimea and local government bodies, the military personnel, judges, employees of courts and law enforcement agencies, and also citizens who contain in organizations of execution of punishments, 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 the electoral commission if this criminal record is not extinguished or is not removed in the procedure established by the law.

If along with local elections 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;

in part four to replace the word "heads" with the word "workers";

13) in Article 22:

the second and third offer of part one to exclude;

 in part two:

state Item 1 in the following edition:

"1) the local organization of political party which formation of deputy fraction it is declared at the first regular session of the Verkhovna Rada of Ukraine of the current convocation";

exclude Item 2;

add Item 3 with words and figure "except specified in Item 1 of this part";

in part three:

in paragraph one of the word "in Items 1 and 2" shall be replaced with words also in figure "in Item 1";

state paragraph two in the following edition:

"Territorial election commission the candidacies proposed by the subjects of representation specified in Item of 1 part two of this Article surely are included";

third after the words "which creates structure of the relevant territorial election commission" to add the paragraph with the words "on each electoral commission separately", and the second and third offer to exclude;

the third offer of part four after the words "Such Representations Are Brought from the Next Day after Day" to add with words "decision makings by the relevant electoral commission about";

in part seven of the word "in the cities where district councils in the city are formed" shall be replaced with words "in the cities with district division";

the tenth to state part in the following edition:

"10. Representation on candidates is brought in structure of territorial election commission in the form established by Central Election Commission no later than day of the beginning of the electoral process, on paper and electronically.

Representation on candidates in structure of territorial election commission is brought in the relevant electoral commission signed by the head of the local organization of batch and certified by seal of the local organization of batch or seal of the local organization of this political party of the highest level.

The representation on candidates which is not conforming to requirements of this Article is subject to variation; the candidacies proposed in it of the electoral commission are not included; the decision on variation of representation is not made.

Are applied to representation:

1) photocopies of the first and second pages of the passport of the citizen of Ukraine and pages where place of residence according to the Law of Ukraine "About freedom of travel and the free choice of the place of residence in Ukraine" each offered person is specified;

2) with own hand written applications of persons offered in structure of territorial election commission for consent to participation in work of the electoral commission of appropriate subject of representation, consent to carry out job responsibilities of the chairman, vice-chairman or secretary of the electoral commission, about failure to provide consent to participation in work of the electoral commission to other objects representation on the corresponding elections and with obligatory specifying of data on means of communication (contact telephone number);

3) the copy of the registration certificate of the local organization of batch certified by territorial authority of the central executive body to which powers questions of realization of state policy in the field of state registration (legalization) of associations of citizens belong, or certified notarially after the official announcement of the beginning of the electoral process.

In nominations in structure of territorial election commission the following data shall be specified:

1) surname, own name (all names) and middle name (in the presence) persons;

2) number, month, year of birth;

3) nationality of person;

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

5) education;

6) place of employment (occupations), position;

7) experience of work in the electoral commissions, the commissions on referendum (with indication of year of elections, referendum, position in the commission);

8) 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 second - the fourth offer of part eleven to exclude;

the seventeenth to add part with the paragraph the second the following content:

"Person who submitted the application for abdication continues to fulfill duties of the chairman, vice-chairman, secretary, member of the electoral commission until adoption of the relevant decision by the commission which formed such commission";

14) in Article 23:

 state part one in the following edition:

"1. The precinct election commission is formed corresponding district, city (the cities of regional, republican value in the Autonomous Republic of Crimea), district territorial election commission in the cities of Kiev and Sevastopol not later than 15 days till the election day as a part of the chairman, the vice-chairman, the secretary and other members of the commission on representations of the local organizations of the political parties, about formation of deputy fractions announced at the first regular session of the Verkhovna Rada of Ukraine of the current convocation, the local organizations of the batches which proposed candidates in multimandatory constituencies, to representations of candidates in single-candidate majority, single-candidate constituencies, candidates for position of the rural, settlement, city chairman, provided by part four of this Article.

In case of formation of the precinct election commission the relevant territorial election commission the decision determines persons who are subject to inclusion in structure of the respective precinct election commission, from among the candidacies presented by subjects of representation by draw on each precinct election commission separately.

On the candidacies presented by the local organizations of the political parties, about formation of deputy fractions announced at the first regular session of the Verkhovna Rada of Ukraine of the current convocation, draw is not carried out. At least on one candidate from such subjects of representation are included each precinct election commission, in the presence of the corresponding representations";

in part three of figure "10-16", "14-20" and "18-24" to replace with figures "10-14", "12-16" and "14-18";

the fourth to state part in the following edition:

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