Law on Central Election Commission of Ukraine

December 17, 1997

Download document (MS-Word format - 10 pages)

• CHAPTER I. GENERAL PROVISIONS
• CHAPTER II. PROCEDURE OF FORMATION, MEMBERSHIP AND ORGANIZATION OF ACTIVITY OF THE COMMISSION
• CHAPTER III. AUTHORITY OF THE CENTRAL ELECTION COMMISSION
• CHAPTER IV. LEGAL STATUS AND AUTHORITY OF THE COMMISSION MEMBERS
• CHAPTER V. RULES OF THE COMMISSION AND SECRETARIAT OF THE COMMISSION
• CHAPTER VI. FINANCING OF THE COMMISSION, MATERIAL AND SOCIAL PROVISION OF ITS MEMBERS AND EMPLOYEES OF SECRETARIAT OF THE COMMISSION
• CHAPTER VII. FINAL PROVISIONS
• CHAPTER VIII. TRANSITIONAL PROVISIONS

CHAPTER I. GENERAL PROVISIONS

ARTICLE 1.

Status of the Central Election Commission

The Central Election Commission (hereinafter - the Commission) is a permanently acting state body, which shall according to the Constitution of Ukraine, this and other laws of Ukraine ensure the organization of preparation and conduct of elections of the President of Ukraine, the People's Deputies of Ukraine, as well as all-ukrainian referendums.

The Commission shall render consultative-methodical support for the elections to local radas, of village, settlement, city chairmen, and for the conduct of local referendums.

The Commission shall head the system of election commissions (territorial, constituency, polling station), which are formed for the preparation and conduct of elections of the President of Ukraine, the People's Deputies of Ukraine and of all-ukrainian referendum, and shall direct their activities.

The Commission is a legal entity, it has its own seal with its name.

ARTICLE 2.

Main Principles of Activity of the Commission

The Commission shall, according to its authorities, provide for the execution of principles and grounds for the electoral process, envisaged by the Constitution of Ukraine and laws of Ukraine, and for the realization of electoral rights of citizens.

The Commission shall build its activity on the principles of legitimacy, independency, objectivity, competence, professionalism, collegiality of consideration and resolution of issues, substantiation of decisions made, openness and publicity.

ARTICLE 3.

Independence of the Commission

The Commission is an independent state body which shall exercise its authorities autonomously, independently of other state bodies and bodies of the local self-government.

The Commission is obliged to act only on the grounds, within the boundaries of authorities, and in a manner which are provided for by the Constitution of Ukraine, this Law, and by other laws of Ukraine.

Procedure of formation, membership, authorities, and organization of activity of the Commission shall be determined by the Constitution of Ukraine, this and other laws of Ukraine.

Interference by any bodies, authoritative persons or officials, citizens and their associations into the decision of issues, which are within the authority of the Commission, shall not be accepted, except in cases envisaged by laws of Ukraine.

Guarantees of independence of the Commission in the execution of its authorities shall be established by this and other laws of Ukraine.

ARTICLE 4.

Publicity and Openness in the Activity of the Commission

Activity of the Commission shall be executed in an open and public manner.

Candidates for President of Ukraine, candidates for People's Deputies of Ukraine, their authorized persons, representatives of political parties, electoral blocs of parties, representatives of the bodies of the legislative, executive and judicial power, bodies of local self-government, of mass media, as well as official observers from other states and international organizations, from public associations of Ukraine shall have the right to attend sessions of the Commission. Other persons can be present at the Commission's session, upon the Commission's decision.

Representatives of interested parties shall have the right to attend sessions of the Commission during consideration of appeals and complaints.

A decision of the Commission shall be publicized in central and local mass media in the events and within the terms established by laws of Ukraine "On elections of the President of Ukraine", "On elections of the People's Deputies of Ukraine", "On all-Ukrainian and local referendums".

ARTICLE 5.

Location and Attributes of the Session Hall of the Commission

The capital of Ukraine, the city of Kyiv, shall be the place of location of the Commission.

The State Banner of Ukraine shall be displayed on the building, where the Commission is located.

The State Emblem of Ukraine and the State Banner of Ukraine shall be obligatory attributes of the session hall of the Commission.

CHAPTER II. PROCEDURE OF FORMATION, MEMBERSHIP AND ORGANIZATION OF ACTIVITY OF THE COMMISSION

ARTICLE 6.

Procedure of Formation and Membership of the Commission

The Verkhovna Rada of Ukraine shall appoint to the positions and terminate the authorities of members of the Commission upon the submission of the President.

The Commission shall consist of 15 members.

Candidatures of persons for the positions of the Commission members shall be previously discussed in the deputy groups and factions, and their appointment shall be conducted upon the availability of the conclusions of the respective Committee of the Verkhovna Rada of Ukraine.

The Chairman of the Commission, Deputy Chairman of the Commission, Secretary of the Commission shall be elected from the Commission members through secret voting, at its session.

The Chairman, Deputy Chairman of the Commission, Secretary of the Commission and at least one third of other members of the Commission must have higher legal education.

After the formation of the Commission, in accordance with this Law, its personal membership cannot be changed by more than one-third during a year.

The Commission shall work on a permanent basis. Members of the Commission, shall be released from execution of production or official duties at their previous place of work.

The term of the authority of the Commission members shall be 6 years.

ARTICLE 7.

Requirements to the Members of the Commission

A citizen of Ukraine who is no younger than 25 years old on the day of the appointment, is eligible to vote, has resided in the Ukraine for at least the past 5 years, and speaks the state language may be a member of the Commission.

A member of the Commission may not be a People's Deputy of Ukraine or have any other representative mandate, be a candidate for President of Ukraine or a candidate for People's Deputy of Ukraine, their authorized person, a representative or an authorized person of the political party, electoral bloc of parties, which participate in elections, a spouse or another close relative of the candidate, neither be subordinated to them, be a member of another election commission, or a member of the initiative group of an all-ukrainian referendum, and in other cases envisaged by laws of Ukraine.

A member of the Commission cannot be a member of a state executive body, of other state bodies, of bodies of local self-government, perform entrepreneurial or other activity except for tutorial, scientific and creative in time free of work, or be a member of the leading body or supervisory council of an enterprise that aims at obtaining profits.

A citizen who has been convicted for the intentional commission of a crime, unless this conviction is overturned and stricken from the record in the order established by law, cannot be appointed to the membership of the Commission.

A member of the Commission, who was a member of any political party before his/her appointment to the position, shall cease his/her membership in this party for the term of execution of his/her authority. He/she cannot participate in its activity or fulfill the assignments of the party's body.

If a member of the Commission is registered as a candidate for President of Ukraine, candidate for People's Deputy of Ukraine, their authorized person, representative or authorized person of a political party, electoral bloc of parties which participate in elections, or a member of the initiative group of the all-ukrainian referendum, his/her authority in the Commission shall be suspended until the resolution of an issue concerning its termination in the order established by current legislation from the moment of his/her registration.

ARTICLE 8.

Oath of Members of the Commission

Members of the Commission shall, before assuming office, take the following oath during the plenary session of the Verkhovna Rada of Ukraine:
"I, (surname, first name, patronymic), swear to Ukrainian people, while executing my authorities in the Central Election Commission, to obey the Constitution of Ukraine and laws of Ukraine, follow a non-party position, be objective in the resolution of issues, which are within the competence of the Commission, ensure the realization and the protection of suffrage rights of citizens of Ukraine".

A person, who gave an oath, shall put his/her signature below the text of the oath.

Refusal of the Commission member to take the oath shall be a reason for cancellation by the Verkhovna Rada of Ukraine of the decision on his/her appointment to the position.

The authority of the Commission begins from the moment of the appointment to the position of and taking an oath by at least 2/3 of its members.

ARTICLE 9.

Organization of Activity of the Commission

The Commission is a collegial body, which shall adopt decisions after the consideration of issues which are within its competence during its sessions.

The activity of the Commission shall be organized by the Chairman of the Commission, Deputy Chairman of the Commission and by the Secretary of the Commission.

ARTICLE 10.

Session of the Commission

A session shall be the major organizational form of the Commission activity. Any issue, which according to this and other laws is within the competency of the Commission, can be considered in a session of the Commission.

A session of the Commission shall be called by its Chairman, and in the event of his/her absence by the Deputy Chairman of the Commission. In the event the Chairman of the Commission, Deputy Chairman of the Commission are absent, or they refuse to call the Commission session, it may be called by at least 1/3 of the Commission members, with obligatory notification of all the Commission members about the time and place of the session.

A session of the Commission shall be conducted by the Chairman of the Commission or Deputy Chairman of the Commission, and in the event of their non-execution of their functions for any reasons, the Commission shall appoint one of its members as the person to preside over the particular session.

A session of the Commission shall be conducted according to the rules of the Commission, and it has legal authority if no less than 2/3 of its personal membership, established by paragraph 2 of Article 6 of this Law, attend it.

The agenda of the Commission shall be formed by its Chairman, and in the event of his/her absence by the Deputy Chairman of the Commission, or by the presiding person over the particular session.

Persons, defined in the second and third paragraphs of Article 4 of this Law, may participate in sessions of the Commission.

Every political party, electoral bloc of parties whose candidate list is registered for the participation in elects, can for the period of election campaign send one representative per party or bloc to the Commission to participate in its sessions with the right of deliberative vote.

The Commission can adopt a decision to deprive individuals, defined in the second and third paragraphs of Article 4 of this Law, of the right to participate in sessions, if they interfere with the work of the Commission and hinder the conduct of its sessions.

The Commission shall take minutes of the session, which is to be signed by the Chairman of the Commission, and in the events envisaged by the third paragraph of this Article, by a person presiding on the Commission's session, as well as by Secretary of the Commission.

ARTICLE 11.

Decisions of the Commission

The Commission shall adopt decisions within the limits of its authority upon the results of the consideration of the issues during the sessions.

Decisions of the Commission shall be adopted in the form of resolutions, by open vote, by majority of votes of the personal complement of the Commission. In the event of equal number of votes of the Commission members, cast during voting, the decision for which the person presiding over the Commission session voted, shall be deemed adopted.

A member of the Commission, who is present at its session and disagrees with the decision adopted by the Commission, shall have the right to express a separate opinion in writing, which shall be attached to the minutes of the Commission's session.

Decisions of the Commission shall be signed by the Chairman of the Commission, and in the events envisaged in the third paragraph of Article 10 of this Law - by the person presiding over the session of the Commission.

A decision, adopted by the Commission, can only be changed by the Commission itself, or if a court's decision is enacted.

In the cases envisaged by the law, decisions of the Commission can be appealed to court in the order established by the law.

ARTICLE 12.

Binding Power of Decisions and Lawful Requirements of the Commission

Decisions of the Commission, adopted within the limits of its authority, are obligatory for execution.

Decisions of the Commission shall be subjects of obligatory consideration by organizations and officials which/whom they concern. The Commission shall be notified about the results of their consideration or undertaken measures within the term, established by the Commission.

Chairmen, other authoritative or public officials of state bodies, bodies of local self-government, of political parties, of other associations of citizens, of enterprises, institutions and organizations, election commissions and the commissions on all-ukrainian referendum, in order envisaged by legislation, are obligated to attend its sessions, upon the request of the Commission, to provide necessary data and materials and to answer questions.

In the event of the discovery of violations of the law, of facts of corruption or other violations in the process of inspections or consideration on the Commission's session of issues, which are within its authority, respective materials shall be transferred to the law-enforcement bodies.

Bodies of the executive power, bodies of the local self-government, authoritative and public officials of these bodies are obliged to assist to the Commission in performing its authority.

Non-execution, improper, untimely execution of the Commission decisions, of the requirements of its officials shall entail legal responsibility established by the laws of Ukraine.

CHAPTER III. AUTHORITY OF THE CENTRAL ELECTION COMMISSION

ARTICLE 13.

Authority of the Commission in Regard to Organization of Preparation and Conduct of Elections of the President of Ukraine.

The Central Election Commission shall:

1) organize the preparation and conduct of elections of the President of Ukraine;

2) within the limits established by the laws of Ukraine, exercise realization and protection of the constitutional suffrage rights of citizens of Ukraine in the conduct of elections of the President of Ukraine

3) perform control over observance of the constitutional norms of the electoral law, and the implementation of the Law of Ukraine "On the elections of the President of Ukraine", and ensure its uniform application throughout the territory of Ukraine, within the limits of its competence;

4) enter, if necessary, the Constitutional Court of Ukraine with a submission to interpret the Law of Ukraine "On Elections of President of Ukraine", other laws of Ukraine or their separate provisions in issues of the conduct of elections of the President of Ukraine, presents proposals, according to established order, regarding the improvement of laws on issues of the conduct of elections of the President of Ukraine;

5) form electoral constituencies on the elections of the President of Ukraine;

6) publicize information about the terms of the conduct of election campaign, the listing of the constituencies, and other materials regarding its activity;

7) direct, coordinate and control the activity of election commissions on the elections of President of Ukraine;

8) establish the order of use of funds for the conduct of elections of the President of Ukraine and shall distribute them among the election commissions and the respective radas, shall ensure the provision of election commissions with premises, transportation, communication means, and shall consider other issues of material and technical provision of elections;

9) establish the form of ballots on the elections of the President of Ukraine, lists of voters, minutes of sessions of election commissions, other electoral documents, samples of ballot boxes for voting, seals of election commissions, determine order of storage and handling of electoral documents;

10) hear reports of election commissions, the heads of ministries, other central and local bodies of the executive power, bodies of the local self-government regarding issues connected with the preparation and conduct of elections of President of Ukraine;

11) register political parties and their electoral blocs which intended to nominate their candidacy for the President of Ukraine;

12) conduct registration of candidates for the President of Ukraine, according to the law, shall pro-long terms for the collection of signatures in support of a nominee for candidate for the President of Ukraine, for the submission of electoral documents, resolve other issues connected with the registration of candidates for President of Ukraine, and in the event of occurrences of circumstances which do not depend on the balloting individuals, - of other subjects of the electoral process.

13) determine the results of elections of the President of Ukraine, publish in the press and publicize in other mass media announcements on the results of elections of President of Ukraine;

14) issue a certificate to the President of Ukraine on his/her election to this position;

15) submit to the Verkhovna Rada of Ukraine a submission of the appointment of repeat elections of the President of Ukraine;

16) on the elections of the President of Ukraine, provide for accreditation of official observers from other states and international organization in accordance to the regulation on the status of observers, adopted by the Commission, issue to them a respective credential;

17) consider applications, appeals and complaints of citizens regarding the decisions and actions or inactivity of election commissions (except appeals and complaints regarding errors in lists of voters), cancel, change the decisions of the election commissions, which contradict the law, or cease their force, adopt other decisions on these issues;

18) exercise other authority according to the Law of Ukraine "On elections of the President of Ukraine", this and other laws.

ARTICLE 14.

Authority of the Commission in Regard to Organization of Preparation and Conduct of Elections of People's Deputies of Ukraine

The Central Election Commission shall:

1) organize the preparation and conduct of elections of the People's Deputies of Ukraine;

2) ensure, within the limits established by the laws of Ukraine, the realization and protection of the constitutional suffrage rights of the Ukrainian citizens during the conduct of elections of the People's Deputies of Ukraine;

3) perform control over the implementation of the election legislation throughout the territory of Ukraine, and ensure its uniform application according to the laws of Ukraine;

4) enter, if necessary, the Constitutional Court of Ukraine with a submission to interpret the Law of Ukraine "On Elections of People's Deputies of Ukraine", other laws of Ukraine or their separate provisions in issues of the conduct of elections of the People's Deputies of Ukraine, present proposals according to established order regarding the improvement of laws on issues concerning the conduct of elections of people's deputies of Ukraine;

5) lead the system of election commissions, which are formed to conduct elections of People's Deputies of Ukraine and direct their activity;

6) provide methodical provision for the activity of election commissions;

7) develop and approve a budget of expenses for the preparation and conduct of elections, establish the order of use of funds allocated from the state budget for the conduct of elections, resolve issues of material and technical provision of the preparation and conduct of elections and perform control over the purposeful use of funds;

8) exercise control over the use of election funds of political parties, electoral blocs of parties, who participate in elections, candidates for deputies in accordance with requirements of Law of Ukraine "On Elections of People's Deputies of Ukraine" and this Law;

9) form single-mandate election constituencies upon the proposals, respectively, of the Verkhovna Rada of the Autonomous Republic of Crimea, of oblast, the Kyiv and Sevastopol city radas, or autonomously in the event of the non-submission of such proposals within the terms established by it, publish a list of election constituencies with an indication of their numbers, territorial borders, centers , and number of voters in each election constituency;

10) adopt decisions, upon submission of the Ministry of Foreign Affairs of Ukraine, on the registration of polling stations formed beyond the territory of Ukraine, as part of single-mandate election constituencies;

11) register, in accordace with laws of Ukraine, lists of candidates for deputy nominated by political parties, electoral blocs of parties, and issue a copy of the decision on registration of these lists to political parties, electoral blocs of parties, and issue a certificate on registration to candidates for deputy;

12) register authorized persons of political parties, electoral blocs of parties, issue credentials to them;

13) publish registered lists of candidates for deputy, nominated by political parties, electoral blocs of parties, pre-election programs of political parties, electoral blocs of parties, and data about candidates for deputy from political parties, electoral blocs of parties, who are to be included on the election ballot in the order determined by the Law of Ukraine "On elections of the People's Deputies of Ukraine";

14) establish the forms of election ballots, approve the text of the ballot for the multi-mandate all-state election constituency and ensure its production;

15) establish the forms of voter lists, minutes of sessions of election commissions, credentials and other electoral documents, provided for by the Law of Ukraine "On elections of People's Deputies of Ukraine", samples of ballot boxes for voting, seals of election commissions, establish the order of storage and handling of electoral documents for the respective state archive institutions;

16) hear reports regarding issues connected with the preparation and conduct of elections by election commissions, as well by ministries and other central and local state executive bodies and bodies of local self-government;

17) perform the functions of the constituency election commission in the multi-mandate all-state election constituency, determine the results of elections in it, notify the population about them through mass media;

18) register elected deputies in the order determined by the Law of Ukraine "On elections of People's Deputies of Ukraine";

19) tabulate results of the elections in Ukraine in general, inform the Verkhovna Rada of Ukraine about them;

20) adopt a decision on the conduct of repeat elections;

21) publish lists of elected deputies indicating surname, first name, patronymic, year of birth, profession, position (occupation), place of work and residence, party membership, election constituency in which he/she has been elected;

22) issue the temporary certificate of the People's Deputies of Ukraine to the persons who have been elected and fulfilled the requirements of the Constitution of Ukraine and the laws of Ukraine concerning the incompatibility of the deputy mandate with other types of activity. Issue to the elected People's Deputy of Ukraine deputy credential of the established type within a week term after he/she give the oath;

23) adopt a decision on the conduct of elections in single-mandate electoral constituencies to replace resigned deputies, organize the conduct of these elections;

24) consider applications, appeals and complaints regarding the decisions, actions or inactivity of the constituency and the polling station commissions, and adopt decisions on them;

25) consider appeals of legal entities and individuals regarding issues, which are within the limits of its authorities, and adopt decisions on them;

26) provide for accreditation of international observers from other states and international organizations for the elections of people's deputies of Ukraine, in accordance with the regulation on the status of observers, which shall be adopted by the Commission, issue to them appropriate credentials;

27) determine a form of signature lists, provide constituency election commissions with its samples, have the right to control the accuracy of signatures of voters, collected in support of political parties, electoral blocs of parties;

28) exercise control over the activity of constituency election commissions in issues of the provision with the premises, transportation, communication means, and other means of material and technical support of elections;

29) publicize the dates of the commencement and the termination of the submission of the candidates for members of the election commissions, the formation of the election commissions, the formation of the election constituencies, the submission of the lists of candidates for deputy from political parties, electoral blocs of parties, and the registration of candidates for deputy and other events, established by the Law of Ukraine "On elections of the People's Deputies of Ukraine";

30) adopt decisions on exclusion of a candidate for deputy from the registered list of candidates for deputies from a political party, electoral bloc of parties if the candidate for deputy has violated the Law of Ukraine "On elections of People's Deputies of Ukraine", the fact of commitment of which is determined by court's decision;

31) determine the procedure for the usage of the mass media during election campaigns, in the order established by the laws of Ukraine;

32) exercise other authority according to the Law of Ukraine "On elections of People's Deputies of Ukraine", of this and other laws of Ukraine.

ARTICLE 15.

Authority of the Commission in Regard to Organization of Preparation and Conduct of All-Ukrainian Referendum

The Central Election Commission shall:

1) ensure, within the limits of the laws of Ukraine, the realization and protection of the constitutional right of the Ukrainian citizens to take part in an all-Ukrainian referendum;

2) organize the preparation and conduct of an all-Ukrainian referendum;

3) register initiative groups for an all-ukrainian referendum, establish the format of signature lists for the collection of signatures in order to conduct an all-Ukrainian referendum upon the people's initiative;

4) perform control in order envisaged by the law, over the implementation of the legislation on all-Ukrainian referendums throughout the territory of Ukraine and ensure its uniform application;

5) enter, if necessary, the Constitutional Court of Ukraine with a submission regarding interpretation of the Law of Ukraine "On All-Ukrainian and Local Referendums", of the other laws of Ukraine or their particular provisions referring to the conduct of an all-Ukrainian referendum, presents proposal regarding the improvement of laws on issues concerning the conduct of all-ukrainian referendum in the established order;

6) direct activity of the commissions on an all-ukrainian referendum;

7) distribute funds among the commissions on all-ukrainian referendum; perform control over the provision of the commissions on all-ukrainian referendum with premises, transportation, communication means, and consider other issues of material and technical support of the all-ukrainian referendum;

8) establish the forms of lists of citizens, who have the right to participate in all-ukrainian referendum, minutes of meetings of election commissions on all-ukrainian referendums, other documents on the conduct of all-ukrainian referendum, samples of ballot-boxes for voting and seals of the commissions on all-ukrainian referendum, the order of storage of the documents on the conduct of the all-ukrainian referendum;

9) hear reports on issues connected with the preparation and the conduct of the all-ukrainian referendum by the commissions on the all-ukrainian referendum, as well as heads of ministries, of other central and local state executive bodies, bodies of local self-government;

10) provide accreditation of official observers from other states and international organizations for the all-ukrainian referendums, according to the regulation on the status of observers, which shall be adopted by the Commission, issue to them appropriate credentials;

11) tabulate results of all-ukrainian referendum throughout Ukraine, publish in the press an announcement on its results;

12) consider appeals and complaints on the decisions and actions or inactivity of the commissions on the all-ukrainian referendum and adopt decisions on these issues;

13) exercise other authority according to the Law of Ukraine "On all-Ukrainian and local referendums", this and other laws of Ukraine.

ARTICLE 16.

Authority of the Commission in Regard to Financial Provision of Preparation and Conduct of Elections of the President of Ukraine, People's Deputies of Ukraine, and All-Ukrainian Referedums

The Commission shall form the budget, distribute funds allocated from the State Budget of Ukraine for the financial provision of the preparation and conduct of elections and all-ukrainian referendums, the provision of the activity of constituency, polling station commissions, and commissions on an all-ukrainian referendum, perform control over rightful and purposeful usage of mentioned funds, involve for the conduct of inspections employees of the Ministry of Finance of Ukraine and bodies of state tax service of Ukraine;

The Commission shall according to legislation establish the order of the register of the receipt and usage of budgetary funds, allocated for the preparation and conduct of elections and all-ukrainian referendums, of the money of election funds of candidates and of election funds of parties, electoral blocs of parties;

The Commission shall establish forms of financial reports of the election commissions and the commissions on all-ukrainian referendums on the receipt and usage of funds allocated for the preparation and conduct of respectively elections or all-ukrainian referendums, as well as form of financial report of candidates, parties, electoral blocs of parties.

The Commission shall submit to the Accounting Chamber of the Verkhovna Rada of Ukraine a financial report on the usage of funds from the State Budget of Ukraine allocated for the preparation and conduct, respectively, of the elections of the President of Ukraine, People's Deputies of Ukraine and of all-ukrainian referendums no later than 3 months from the day of the official publication of the general election results or results of an all-ukrainian referendum.

ARTICLE 17.

Authority of the Commission in Regard to Organization of Elections to Local Radas, Village, Settlement and City Chairmen and Local Referedums.

The Commission shall provide consultative-methodical provision of the activities of the election commissions during the conduct of elections of local radas, of village, settlement, city chairmen and of local referendums.

The Commission shall:

establish forms of election documents;

establish the sample of ballot box;

form within a 5-day term respective election constituencies and election commissions in the event that the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, the Kyiv and the Sevastopol city radas do not form them within the term outlined by the legislation;

adopt a regulation on the status of official observers from other states and international organizations for the elections of local radas, village, settlement and city chairmen and for local referendums.

CHAPTER IV. LEGAL STATUS AND AUTHORITY OF THE COMMISSION MEMBERS

ARTICLE 18.

Authority of Chairman of the Commission

Chairman of the Commission shall:

1) exercise administrative authority over the activity of the Commission and its Secretariat and organize their work;

2) provide for the preparation of sessions of the Commission and of issues which are submitted for its consideration;

3) call a session of the Commission, inform members of the Commission about the time of the calling of a session and the issues expected to be submitted for its consideration, moderate sessions of the Commission;

4) submit a proposal regarding the structure and the personnel of the Secretariat of the Commission for the Commission's consideration;

5) appoint to and release from the positions employees of the Secretariat of the Commission, as well as resolve other issues according to the Law of Ukraine "On Public Service", other laws of Ukraine;

6) inform the Verkhovna Rada of Ukraine, the President of Ukraine, on behalf of the Commission, about the results and outcomes of the elections of the President of Ukraine, the People's Deputies of Ukraine and all-ukrainian referendum;

7) sign resolutions of the Commission and minutes of its sessions;

8) provide for the consideration of appeals of legal entities and individuals received by the Commission and run personal reception of voters;

9) represent the Commission in relations with state bodies, bodies of local self-government, associations of citizens, election commissions, enterprises, institutions and organizations, foreign states, voters.

Chairman of the Commission shall be the manager of the budgetary funds allocated for the maintenance of the Commission and its Secretariat.

Chairman of the Commission shall issue instructions on issues of organization of activity of the Secretariat of the Commission within the limits of his/her authority.

Chairman of the Commission shall exercise other authority in accordance with this Law and other laws of Ukraine.

ARTICLE 19.

Authority of Deputy Chairman of the Commission

The Deputy Chairman of the Commission shall, according to Rules of the Commission, fulfill separate duties derived from the authority of the Commission, as well as on the instruction of the Chairman of the Commission - separate functions and authorities of the Chairman.

In the event of the absence of the Chairman of the Commission or his/her inability to exercise his/her functions and authorities due to other reasons, Deputy Chairman of the Commission shall exercise the functions and the authorities of the Commission's Chairman, envisaged by Article 18 of this Law.

ARTICLE 20.

Authority of Secretary of the Commission

The Secretary of the Commission shall organize the work of the Secretariat of the Commission on an organizational provision of the Commission's activity, and exercise other authorities according to the Rules of the Commission.

ARTICLE 21.

Authority of Other Members of the Commission

The members of the Commission shall prepare issues for the consideration by the Commission. The members of the Commission shall exercise authorities according to the distribution of duties amongst them, established by the Rules of the Commission, as well as fulfill separate instructions of the Commission Chairman or Deputy Chairman of the Commission.

ARTICLE 22.

Rights and Duties of Members of the Commission

Members of the Commission, while executing their duties on the ensuring of the execution of authorities by the Commission, envisaged by this and other laws, shall have the right to:

1) conduct inspections of the activity of the state executive bodies, bodies of local self-government, political parties, electoral blocs of parties, other associations of citizens, their officials, enterprises, institutions and organizations, election commissions, commissions on all-ukrainian referendum in regard to issues of organization of preparation and conduct of elections and all-ukrainian referendums;

2) request and receive from the heads and other authoritative and public officials of enterprises, institutions and organizations, election commissions and commissions on all-ukrainian referendum, necessary documentation, statistical data, accounting-financial reports and other materials, as well as oral and written explanations on issues connected with the conduct of inspections;

3) utilize in the conduct of inspections as well as into the participation in the examination of certain issues scientists and qualified specialists and experts, employees of institutions and organizations, state tax, controlling-inspection services, law enforcement bodies;

4) issue instructions on issues that are within the authority of the Commission, binding for execution by state executive bodies, bodies of local self-government and their officials;

5) inform the Commission on the results of the conducted inspections and on the examination of issues, as well as notify the heads of the respective bodies and organizations about them;

6) utilize, according to established procedure, data bases of other state bodies;

7) use state, including governmental, systems of connection;

8) in the cases provided for by the law, freely enter state bodies, bodies of local self-government, associations of citizens, enterprises, institutions and organizations, as well as be present on the sessions of the election commissions, commissions on all-ukrainian referendum;

9) report on the sessions of the Commission, submit proposals on the issues which are within its authority and require the conduct of voting on these issues;

10) address questions to other participants of the session of the Commission according to the agenda and receive answers on the essense;

11) familiarize with any documents and materials on the issues considered on the Commission's sessions.

Members of the Commission, while executing their authorities, are obligated to adhere to the requirements of the Constitution and laws of Ukraine, to the given oath, are obligated not to commit any actions which shame the title of the Commission member and can cause doubt regarding his/her objectivity, impartiality and independence.

Members of the Commission are forbidden from campaigning for or against the candidates, political parties, electoral blocs of parties during the elections, from campaigning for or against the issues submitted for an all-Ukrainian referendum.

Chairman of the Commission, Deputy Chairman of the Commission, Secretary of the Commission and other members of the Commission have the right to participate in sessions of the Verkhovna Rada of Ukraine, of its Committees and temporary ad-hoc commissions and other commissions during the consideration of the issues which concern the conduct of elections and all-Ukrainian referendums.

ARTICLE 23.

Compulsion of Requirements of the Commission and its Members.

Requirements of the Commission, of its Chairman, Deputy Chairman, Secretary, and of other members of the Commission connected with their execution of the Commission's authority, shall be obligatory for all state bodies, bodies of local self-government, political parties, electoral blocs of parties, other associations of citizens, enterprises, institutions and organizations, their officials, election commissions and commissions on all-ukrainian referendum.

Heads, other officials of enterprises, institutions and organizations, whose activity is being inspected, are obligated to create necessary conditions for the work of the Commission's members and officials of its Secretariat, provide their technical service, and for the execution of the requirements in regard to the provision of necessary documentation and other materials.

ARTICLE 24.

Legal Status of the Chairman, Deputy Chairman, Secretary and other Commission's Member, Guarantees of Their Protection.

Chairman, Deputy Chairman, Secretary and other members of the Commission are, according to this Law, officials provided with the status necessary for the execution of functions and authorities of the Commission, envisaged by this and other laws of Ukraine.

The use of his/her status by a member of the Commission, with purposes unrelated to the activity of the Commission is prohibited.

Chairman, Deputy Chairman, Secretary and other members of the Commission shall be independent in their activities.

Their independence shall be provided by:

a special order of appointment and pre-term termination of the authorities;

a ban on the interference of any person into the execution of the authority by the Commission;

the inviolability of an individual;

material and social provision.

All state bodies, bodies of local self-government, associations of citizens are obligated to respect the independence of the Commission members and not to infringe upon it.

Accountability, established by law, shall be carried out by guilty persons for any kind of influence on the Commission members with the purpose to impede the execution by them of their authorities or instructions of the Commission, or succeed in getting decisions adopted, which violate legislation, for forced actions or insult as well as for dissemination of untruthful information regarding them.

ARTICLE 25.

Pre-Term Termination of Authority of the Commission Member

The authorities of the Commission member can be terminated pre-term upon the decision of the Verkhovna Rada of Ukraine in the following cases:

1) a violation by him/her of the Constitution of Ukraine or laws of Ukraine and the given oath;

2) termination of his/her citizenship;

3) his/her departure to a permanent place of residence outside of Ukraine;

4) an enactment of a court's verdict of guilt against him/her;

5) his/her registration as a candidate for President of Ukraine or a candidate for People's Deputy of Ukraine, their authorized person or authorized person of political party, electoral bloc of parties, which participate in elections, as a member of another election commission, or the commission on all-ukrainian referendum or initiative group of all-ukrainian referendum, or the nomination as a representative of political party, electoral bloc of parties which participate in elections;

6) a violation of the requirements envisaged by the third paragraph of Article 7 of this Law by him/her;

7) an appeal of a Commission member with a personal application on the release of his/her authority;

8) recognizing him/her as incompetent, missing or dead by the court;

9) his/her death.

Changes in the Commission's complement shall be held in the same manner as the appointment of the Commission members.

The Verkhovna Rada of Ukraine must, after the introduction by the President of Ukraine of a submission on pre-term termination of authority of the Commission member, consider it within a month term and adopt the appropriate decision.

CHAPTER V. RULES OF THE COMMISSION AND SECRETARIAT OF THE COMMISSION

ARTICLE 26.

Rules of the Commission

Procedure of the organization and internal work of the Commission which is not stipulated by this Law, shall be determined by the Rules of the Commission which shall be approved upon the Chairman's proposal by the Commission with a majority from its complement.

The Rules of the Commission cannot contradict the requirements of the Constitution of Ukraine, of this and other laws of Ukraine.

ARTICLE 27.

Secretariat of the Commission

The Secretariat of the Commission shall fulfill organizational, legal, analytical, informational-reference, and material-technical work designed for provision of the execution of the Commission's authority envisaged by this Law.

The regulation on the Secretariat, on its structure and personnel, rules of internal working schedule shall be adopted by the Commission.

CHAPTER VI. FINANCING OF THE COMMISSION, MATERIAL AND SOCIAL PROVISION OF ITS MEMBERS AND EMPLOYEES OF SECRETARIAT OF THE COMMISSION

ARTICLE 28.

Financing of the Commission

Expenditures connected with the activity of the Commission and its Secretariat shall be financed at the expense of funds from the state budget. The amount of these funds shall, upon the submission of the Chairman of the Commission, be determined in the draft Law on the State budget of Ukraine as a separate rank.

The Commission shall have accounts in the banks and other credit institutions.

The Commission shall present annual reports on the use of the budgetary funds to the Accounting Chamber of the Verkhovna Rada of Ukraine.

ARTICLE 29.

Material and Social-Service Provision of the Commission's Members and of the Employees of its Secretariat

The Commission members, head and other officials of the Commission's secretariat are public officials.

A member of the Commission, who requires improvement of living conditions, shall be, no later than within 6 months after assuming office, provided by the Cabinet of Ministers of Ukraine with an official residence for the period of the execution of his/her authority.

Terms and order of payments for the work, of living, medical, sanatorium-resort, transportation and other services to the Commission Chairman, his/her deputy, secretary of the Commission, members of the Commission, as well as to employees of its Secretariat shall be determined by the Cabinet of Ministers of Ukraine according to the Law of Ukraine "On state service".

During a business trip, members of the Commission and employees of its Secretariat shall use the right of reservation of hotels and seats at all kinds of transport, as well as first-served purchase of traveling documents.

CHAPTER VII. FINAL PROVISIONS

ARTICLE 30.

International Cooperation of the Commission

The Commission may exchange experience with the respective state bodies of other countries, international organizations, as well as join international organizations (associations) of electoral systems.

ARTICLE 31.

Credential of the Commission's Member

Persons who have been appointed to the positions of the Commission members shall be issued credentials after they give the oath.

ARTICLE 32.

Provision of Commission with Laws and Other Normative-Legal Acts

The Commission shall be provided, in the established order, with laws and other normative-legal acts adopted by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, as well as with documents which are officially distributed by the central state executive bodies, judicial bodies.

ARTICLE 33.

Usage of the Automatic Information System by the Commission

In the event of applying the automatic information system in the course of elections of the President of Ukraine, People's Deputies of Ukraine, and of all-Ukrainian referendum, the Commission shall form a group from its members for exercising control over its usage.

Members of the Commission shall have the right to familiarize themselves with any information which is entered in or retrieved from the automatic information system.

During the procedure of voting, the automatic information system shall be used exclusively for the observation of the course and results of voting. Data concerning the results of voting received through the automatic information system is preliminary information that has no legal impact.

CHAPTER VIII. TRANSITIONAL PROVISIONS

Until the staff of the Commission Secretariat is completely formed, the apparatus of the Verkhovna Rada of Ukraine, the apparatus of the Cabinet of Ministers of Ukraine, ministries shall detail their employees to the Commission, upon its petition, for the period of the election campaign of 1998.

The Board of Affairs of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine shall provide for material-technical support of the Commission, including provision with necessary premises, transportation means, communication means etc. for the conduct of the election campaign of 1998.

Legislative acts of Ukraine shall be applied in part which does not contradict this law.

The President of Ukraine L. Kuchma

December 17, 1997