§ Art. II-89Termination of Powers of an Election Commission or a Member of an Election

Commission
 1. The powers of all members of a district or precinct election commission may be terminated
before the expiry of their ordinary term by a decision of an election commission that established it, by
a decision of the commission itself, or by a decision of a court in cases of systematic violation or one-
time gross violation by the commission of the Constitution of Ukraine, this Code, or other Laws of
Ukraine, failure to comply with the decision of the higher-level election commission. Early termination
of powers of all members of an election commission shall not be considered to be termination of the
commission.
 2. The powers of an individual member of a district or precinct election commission shall be
terminated at the same time with the termination of powers of the respective election commission.
 3. The powers of an individual member of a district or precinct election commission may be
terminated before the expiry of its ordinary term by a decision of the election commission that
established it, on the grounds of:
 1) a statement of resignation of the member of the commission. Such a statement shall be
 submitted to the subject nominating the member to the election commission to be
 handed over to the respective election commission, or for filing of a submission seeking
 replacement of a member of the election commission;
 2) the filing of a submission seeking replacement of a member of the election commission by

 

 the subject nominating the member to the election commission;
 3) termination of his or her Ukrainian citizenship;
 4) cancellation of the decision on the registration of a candidate for President of Ukraine,
 based on a submission of which a member of an election commission was nominated
 to the election commission;
 5) his or her departure for the period up to the day of voting inclusive abroad or from the
 country in the territory of which an out-of-country election precinct was established, which
 results in impossibility to perform the duties of a member of a commission;
 6) his or her registration as a candidate for President of Ukraine, as well as a deputy candidate
 to the Verkhovna Rada of the Autonomous Republic of Crimea, a deputy candidate to a
 local council or a candidate for village, settlement or city mayor, or a candidate for village
 or settlement starosta, if the aforementioned election is conducted simultaneously with the
 election of the President of Ukraine;
 7) his or her registration as a representative of a candidate for President of Ukraine to the
 Central Election Commission, or a agent of a candidate for President of Ukraine, as well
 as a agent of a deputy candidate to a local council or candidate for village, settlement or city
 mayor, or a candidate for village or settlement starosta, or a representative or an authorized
 person of a local party organization, or an authorized person of a subject of the referendum
 process, or a representative of an initiative group to the Central Election Commission, or an
 official observer, if the process of the aforementioned elections or a referendum is
 conducted simultaneously with the election of the President of Ukraine;
 8) systematic violation or one-time gross violation by him or her of the Laws of Ukraine on
 elections ascertained by a court decision or by a decision of the higher-level election
 commission; his or her failure to attend two or more meetings of an election commission
 with no good reason or failure to arrive at the meeting of an election commission on the day
 of voting; failure to perform his or her duties with no good reason;
 9) if a decision of a court comes into legal force, whereby he or she was found guilty of
 committing a grave or especially grave crime or a crime against citizens’ electoral rights, or
 a corruption crime;
 10) his or her appointment to another election commission responsible for preparation and
 conduct of the election of the President of Ukraine or the election of deputies of the
 Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils, or
 village, settlement or city mayors, or village or settlement starostas, if the aforementioned
 elections are conducted simultaneously with the election of the President of Ukraine;
 11) his or her being declared incapacitated or a missing person;
 12) his or her death, or his or her being declared dead;
 13) his or her refusal to take the oath of a commission member;
 14) violation of the oath of a commission member in the form of a systematic failure to perform
 his or her duties ascertained by at least two decisions thereon adopted by the election
 commission of which he or she is a member;
 15) discovery of the fact that shall deprive a person of the right to be a member of an election
 commission.
 4. The powers of a member of an election commission shall be terminated on the grounds provided
for by clauses 1 - 12, 14, 15 of Part three of this Article, from the moment of adoption of the decision
on termination of powers of a member of an election commission by the election commission that
established it. Should any of the grounds provided for by clause 13 of Part three of this Article appear,
the powers of the member of an election commission shall be terminated from the moment he or she
refuses to put his or her signature under the text of an oath at the election commission’s meeting, or

 

based on his or failure to arrive for the first and second election commission meetings upon nomination
of him or her to this election commission, of which he or she has been notified.
 The Central Election Commission or the respective district election commission shall be notified
without delay about the early termination of powers of a commission member due to the refusal to take
the oath of powers, in order to decide on changes in the composition of the respective election
commission.
 The person who submitted the application for resignation shall continue to perform the duties of the
chair, deputy chair, secretary, member of the election commission until the respective decision is made
by the commission that established it.
 A submission seeking to replace a member of an election commission shall be filed to the respective
election commission, signed by persons specified in Part two of Article 84, Part two of Article 85 of
this Code, on paper and electronically in the form approved by the Central Election Commission. The
documents provided for in Part two of Article 84 and Part six of Article 85 of this Code, respectively,
shall be attached to the submission.
 The aforementioned submission shall be considered within five days, but not later than the last day
before the voting day.
 A submission seeking to replace a member of the election commission may be filed by means of
electronic services in accordance with the procedure established by the Central Election Commission.
 5. An election commission that adopts a decision on early termination of the powers of all the
members of an election commission shall no later than on the following day notify the subject that
nominated the person(s) to the election commission of the termination. Such nominating subjects shall
be entitled to file, no later than on the following day upon receipt of such notification, a submission
with new nominations with the respective election commission.
 If within the time period specified by this Part of this Article, no submission has been filed to
nominate members to an election commission, and/or if the number of nominees to the election
commission does not allow establishing the commission in compliance with the minimum limits
specified in Part one of Article 84 or Part one of Article 85 of this Code, the respective election
commission shall form the composition of the commission based on a submission of the chair of this
commission, in accordance with the proposals of this commission members to bring the composition of
such election commission in compliance with the minimum requirements for a commission’s
composition (no less than the minimum limit), necessarily having regard to submitted nominations to
this election commission, except those that shall be rejected on the grounds established by this Code.
 In the case of early termination of powers of the election commission members on the grounds
provided for in clauses 8, 13 of Part three of this Article, or in connection with early termination of
powers of all members of the election commission, they may not be re-nominated to the election
commission and shall be rejected.
 The decision on early termination of powers in connection with the replacement of the member of
the election commission shall be made simultaneously with the decision nominating the replacement
member of the respective election commission nominated by the same subject and simultaneously
appointing this replacement member to the respective position in the election commission that was
occupied by the member of the election commission whose powers was terminated early.
 In the case of early termination of powers of the member of the election commission due to the
election commission member’s refusal to take an oath of powers, in connection with cancellation of the
decision on the registration of a candidate for President of Ukraine, based on a submission of which
such member of the election commission was nominated to the respective election commission, that
results in a decrease in the number of members of the election commission below the minimum limits
specified in Part one of Article 84 or Part one of Article 85 of this Code, the respective election
commission shall, simultaneously with the adoption of the decision on early termination of powers of
the member of the election commission, make a decision on nomination of a replacement member to
the respective election commission based on a submission, respectively, of the Chair of the Central

 

Election Commission, or the chair of the district election commission, in accordance with the proposals
submitted, respectively, by members of the Central Election Commission or the members of the district
election commission.
 6. In the case of early termination of powers of all members of the election commission, the
respective election commission shall, no later than the third day from the date of termination of
powers of all members of the election commission, but no later than the last day preceding the day
of voting, approve a new composition of the election commission in accordance with the procedure
established by this Code.
 In case of early termination of the powers of a member of the election commission, which led to a
reduction in the number of members of the election commission below the minimum number
established by Part one of Article 84 or Part one of Article 85 of this Code, the respective election
commission decides to appoint a new member to the election commission based on the submission of
the chair of the Central Election Commission or the district election commission, on the basis of
proposals of members of the Central Election Commission or the district election commission,
respectively, in order for the number of such election commission to correspond to its minimum number
(was not less). Such a decision is made simultaneously with the decision on early termination of the
powers of a member of the commission.
 In the case of early termination of powers of the precinct election commission member of an out-
of-country election precinct a replacement member may be appointed to the election commission based
on the submission of the Ministry of Foreign Affairs of Ukraine.
 The chair, deputy chair or secretary of the election commission may personally submit a
handwritten application for resignation (without termination of membership in the commission) to the
election commission that formed the respective election commission.
 7. If the chair, deputy chair, or the secretary of an election commission rep