TrustVoting Atlas

1. A legally registered nongovernmental organization whose involvement in the election process
and its monitoring is stipulated in its charter may, no later than fifty days prior to the day of voting in
the national election and not later than forty days prior to the day of voting in the local election, file a
petition with the Central Election Commission for permission to have official observers during the
respective election.
 The petition, to be signed by the head of the nongovernmental organization and affixed with its
seal, shall be appended with a copy of the charter of the nongovernmental organization notarized
pursuant to the procedure established by the Law of Ukraine “On Notaries”.
 The procedure for granting permission to nongovernmental organizations to have official observers
during elections shall be established by the Central Election Commission.
 2. No later than on the fifth day following the receipt of such petition, the Central Election
Commission shall take a decision granting permission to a nongovernmental organization to have
official observers or refusing to grant such permission.
 Only violation by the nongovernmental organization of the requirements established in Part one of
this Article can be a ground for refusal. A copy of the decision granting permission to a non-
governmental organization to have official observers or refusing to grant such permission shall be
issued to a representative of the nongovernmental organization no later than on the day after the

 

adoption of such decision. A nongovernmental organization shall have the right to appeal in court a
decision refusing to grant it permission to have official observers.
 3. Immediately the respective applications of nongovernmental organizations have been
considered, the Central Election Commission shall publish, on its official website, the list of
nongovernmental organizations that have been granted permission to have official observers.
 4. Official observers from a nongovernmental organization, in cases specified by this Code, shall
be registered by the respective district or territorial election commission. Registration shall be
performed on the basis of an application of the head of a nongovernmental organization.
 An application for registration of official observers shall contain their last names, first names (all
first names), patronymic name (if available), date of birth, citizenship, place of employment
(occupation), position, place and address of residence, contact telephone numbers, information about
the lack of criminal records for committing a grave or especially grave crime or a crime against citizens’
electoral rights or a corruption crime, which have not been lifted or expunged pursuant to the procedure
established by the Law, as well as the number and date of the decision of the Central Election Commission
on the permission of a nongovernmental organization to have official observers in the respective elections..
 The application shall be appended with statements of consent of these persons to be official
observers for the respective nongovernmental organization and with a photocopy of his or her passport
of a citizen of Ukraine (photocopies of the first and second pages of a passport of a citizen of Ukraine
in the form of a passport book or photocopies of the front and reverse sides of a passport of a citizen of
Ukraine in the form of a card) or a photocopy of the first and second pages of his or her temporary
certificate of citizen of Ukraine (for persons who have recently been granted Ukrainian citizenship).
 5. An application for registration of an official observer from a nongovernmental organization
(in both paper and electronic form) signed by the head of the organization (an authorized
representative of a nongovernmental organization acting on the basis of a power of attorney),
affixed with the seal of a nongovernmental organization, shall be submitted to the Central Election
Commission, respective district or territorial election commission no later than five days prior to the
day of voting.
 6. The respective district or territorial election commission shall register official observers in the
respective territorial election district and shall produce and issue to them their identification documents
in a form established by the Central Election Commission no later than on the third day after the
submission of the application.
 7. The ground upon which an application for registration of an official observer may be refused is
violation of the provisions of Parts four and five of this Article and Part three of Article 58 of this Code.
 8. The registration of official observers from nongovernmental organizations in the out-of-
country election district shall be performed by the Central Election Commission in accordance
with the procedure specified by this Article.
 In national elections, the Central Election Commission may register, in the manner determined by
it, no more than two official observers from nongovernmental organizations in the nationwide election
district, which observe elections within such election district. An official observer from a
nongovernmental organization in the nationwide election district, in addition to the rights provided for
in part nine of this Article, has the right, in compliance with the requirements of this Code, to be present
at a meeting of the Central Election Commission.
 9. An official observer from a nongovernmental organization shall be entitled to:
 1) be present, with observance of the requirements of this Code, at the meetings of the district,
 territorial (or more than one territorial), precinct election commissions of the respective
 territorial election district;
 2) be present at meetings of candidates, their agents, representatives and authorized
 persons of parties (party organizations) that are electoral subjects with voters, at pre-
 election meetings or rallies;

 

 3) be present at election precincts during the voting, observe actions of the election
 commission members from any distance, in particular during the issuance of ballot papers
 to voters and vote counting at the election precinct without physically getting in the way of
 the election commission members;
 4) make photographic, video or audio recordings, without violating the secrecy of voting;
 5) be present during the voting at voter’s place of stay;
 6) address, in accordance with the procedure established by this Code, the election
 commissions within the boundaries of the respective territorial district with an application
 or a complaint seeking elimination of violations of this Code if any have been discovered;
 7) draw a statement of discovery of violation of the requirements of this Code that shall be
 signed by him or her and by no less than two voters certifying the fact of such violation,
 with indication of their last names, first names, patronymic name, place and address of
 residence, and file it with the respective election commission or a court;
 8) take necessary measures within the limits of legislation to stop illegal actions during the
 voting and vote counting at the election precinct;
 9) receive copies of the protocols, as well as other documents specified by this Code;
 10) exercise other rights provided for by this Code for official observers.
 10. An official observer from a nongovernmental organization may not:
 1) interfere with the work of the election commission, perform actions violating the course of
 the election process, or prevent the election commission members from exercising their
 powers;
 2) fill out a ballot paper for a voter (in particular upon his or her request);
 3) be present during the filling out of a ballot paper by a voter in a voting booth (room) for
 secret voting or violate the secrecy of voting in any other way.
 11. If an official observer from a nongovernmental organization violates the requirements of Part
ten of this Article, the election commission shall give him or her a warning. In the event of a repeat
violation, or of a gross violation of the requirements of Part ten of this Article, the election commission
may deprive him or her of the right to be present at its meeting pursuant to the procedure established
by this Code.
 12. A nongovernmental organization shall have the right to withdraw its official observer by
addressing the respective election commission that registered him or her, with a written application
for termination of such observer’s powers, and to submit documents for registration of another
person pursuant to the procedure established by this Code.
 13. An official observer from a nongovernmental organization shall be entitled at any time to
file with the election commission that registered him or her a statement of resignation. Based on
such application, the election commission shall adopt a decision cancelling the registration of the
official observer and issue or send a copy thereof to the head of the respective nongovernmental
organization.
 Chapter X. PREPARATION FOR AND CONDUCT OF VOTING