Law of Ukraine
"On Elections of the People's Deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, Local Councils, and Village, Township and City Mayors"
Date of entry into force:
July 31, 2010
The Law determines the main principles, organization and procedure for holding elections of people's deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, regional, district, city, city district, village and township councils (hereinafter referred to as "deputies"), as well as of village, township and city mayors.
According to Article 12 of the Law, the subjects of the election process are:
- the Central Election Commission, election commissions formed (created) according to the Law, the Law of Ukraine "On Central Election Commission" and other laws of Ukraine;
- deputy candidates, candidates for the post of the village, township or city mayor;
- local organizations of the parties that have nominated deputy candidates in a multi-mandate election district, or a single-mandate election district, or a majoritarian single-mandate election district; or of the parties that have nominated candidates for the post of the village, township or city mayor;
- official observers from local party organizations.
Article 14 of the Law envisages that local elections can be regular, special, repeat, intermediary or first, if carried out for creation of new local councils.
Regular and special elections are scheduled no later than 60 days before the election day, and the election process begins 50 days before the day of the regular or special local election (Article 15 of the Law).
According to Article 19 of the Law, the system of election commissions that provide for preparing and holding of local elections consists of:
- the Central Election Commission, which is the election commission of the highest level for all election commissions for all local elections;
- territorial election commissions;
- district election commissions.
Article 21 of the Law establishes that membership of an election commission that provides for preparing and holding of appropriate local elections can include citizens of Ukraine that hold the voting rights for such local elections. At any given time, a person can be member of only one election commission providing for preparing and holding of local elections or any other elections of referendums held simultaneously.
According to Article 28 of the Law, by decision of the election commission, the head, deputy head, the secretary, or, in case of their refusal, other members of the territorial election commission can execute their authority on a paid basis for the duration of the election process. For the duration of this time, such persons are relieved from their occupational or official duties at their main work place, while the work performed in the election commission is included in their work record.
After creating election districts, bodies of the State Register of Voters draft preliminary voter lists for regular election districts, according to the Law of Ukraine "On the State Register of Voters" (Article 30 of the Law).
According to Article 47 of the Law, pre-election campaigning is any activity aimed at encouraging the voters to vote for or against deputy candidates or candidates for the post of the village, township or city mayor.
Pre-election campaigning is concluded at 24 o'clock of the last Friday preceding the election day.
Article 57 of the Law establishes that official observers can take part in the election process, if they represent local organizations of the parties whose deputy candidates have been registered in multi-mandate election districts, deputy candidates in single-mandate election districts and majoritarian single-mandate election districts, and candidates for the post of the village, township or city mayor.
According to Article 60 of the Law, the expenses for preparing and holding regular, special and first local elections are covered by the funds of the State Budget of Ukraine, funds of the appropriate local budget received as a targeted subvention from the State Budget of Ukraine, and the resources of the local party organization electoral funds.
The form and color of the voting bulletin for each local election is approved by the Central Election Commission no later than 30 days before the day of the regular local election and may not be changed before the start of the election process of the next regular election (Article 60 of the Law).
Article 68 of the Law envisages that voting is carried out in specially allocated premises, equipped with a sufficient number of secret ballot voting booths is equipped and with designated points for issue of voting bulletins.
Voting is carried out between 8 am and 10 pm on the day of the local election.
Article 71 establishes that vote counting in the voting district is performed openly and transparently by the members of the district voting commission, at the session of the district voting commission held in the same premises as the voting.
According to Article 72 of the Law, the district voting commission prepares minutes of its meeting, stating the results of the vote count in each local election, for each electoral ward voting at the election district.
According to Article 79 of the Law, the territorial election commission shall promulgate the results of the local elections in appropriate local printed media, no later than on the fifth day after determining the results of the election of people's deputies, or the village, township or city mayor.
Article 85 of the Law envisages that a deputy candidate, a candidate for the post of the village, township or city mayor, their trustee, local organization of the political party whose candidates have been registered for the appropriate local election, its representative or authorized person, as well as a voter, whose election rights or legally protected interests related to participating in the election process had been violated by decision, action or inaction of the contested entity, can address the election commission with a complaints on the election process.
A complaint to the election commission can be filed by the appropriate addressee within two days after the decision, action or inaction has been carried out by the contested entity (Article 86 of the Law).
Article 90 of the Law establishes that the decision of the election commission in reviewing the complaint must be lawful and substantiated.
According to Article 92 of the Law, the territorial election commission shall transfer the election documents and other documents to the appropriate local state archive institution, after the official promulgation of the local election results.