The Law of Ukraine
On Central Election Commission
Date of Entry into Force:
July 09, 2004
The Law of Ukraine “On Central Election Commission” defines the procedure of creation, legal status and basic organizational principles of activity of the Central Election Commission. It is established that the Central Election Commission (hereinafter - the Commission) is a permanently operating collective state body, to jurisdiction of which refers ensuring of preparation and holding of elections and referenda in Ukraine. One of basic tasks of the Central Election Commission, pursuant to the Law, shall be ensuring exercise and protection of constitutional suffrage of Ukrainian citizens and the right to participate in referenda, a sovereign right of the Ukrainian people to express their will.
According to the Law, the Central Election Commission heads the system of election commissions created for organization of elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils, village, settlement and city heads, as well as local and all-Ukrainian referenda.
Basic principles of activity of the Commission shall be supremacy of right, legality, independence, objectivity, competence, professionalism, collective nature of consideration and solution of questions, grounding of made decisions, openness and publicity.
The Law determines that members of the Commission shall be the persons whose candidatures were approved by the Verkhovna Rada of Ukraine upon petition of the President of Ukraine. a member of Commission shall perform his/her authorities for 7 years. The Law establishes that a member of the Commission shall be the person who meets the following requirements:
- does not have unspent convictions;
- is a citizen of Ukraine;
- is 25 years old;
- speaks official language;
- permanently resides in Ukraine for the last 5 years;
- is capable.
Pursuant to the Law, member of the Commission shall not be people's deputy of Ukraine or have other representative mandate, be in composition of other election commissions and commissions on referenda, be member of initiative group of all-Ukrainian or local referendum, be engaged in entrepreneur activity, be attorney of third persons on affairs of the Commission, combine jobs (except scientific, teaching and creative activity), be member of boards or other executive bodies of organizations that aim at obtaining profit. Besides, the Law prohibits members of Commission from being in the composition of bodies of executive power and executive bodies of local self-government.
According to the Law, the Central Election Commission shall be headed by the Head of Commission who is elected from its members at its meeting.
The Law is also devoted to regulation of organizational activity of the Central Election Commission. It regulates the questions of submission petitions to the Commission and procedure of their consideration, defines authorities of the Central Election Commission, establishes legal status of its members and solves other questions.