TrustVoting Atlas

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 the higher-level 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.
 2. Early termination of powers of all members of an election commission shall not be considered
to be termination of the commission.
 3. 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.
 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 higher-level commission 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) 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 member of a commission;
 5) 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 MPs of Ukraine;
 6) his or her registration as a party’s representative to the Central Election Commission, an
 official observer, a party’s authorized person, a agent of a deputy candidate to the
 Verkhovna Rada of the Autonomous Republic of Crimea, as well as a agent of a deputy
 candidate to a local council or a candidate for village, settlement or city mayor and a, a
 representative or an authorized person of a local party organization, an authorized person of
 a referendum subject in the all-Ukrainian or local referendum, a representative of the
 initiative group to the Central Election Commission, if the election process of such election
 or referendum is conducted simultaneously with the election of MPs;
 7) his or her appointment to another election commission responsible for preparation and
 conduct of the election of MPs 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, if the election process of such election is conducted simultaneously with the
 election of MPs;
 8) his or her refusal to take the oath of a commission member;
 9) 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;
 10) 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;
 11) 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;
 12) discovery of the fact that shall deprive a person of the right to be a member of an election
 commission;
 13) his or her being declared incapacitated or a missing person;
 14) his or her death, or his or her being declared dead.
 The submission for replacement of a member of the election commission shall be filed to the
respective election commission, while signed by the persons specified in Part four of Article 140, Part
six of Article 141, Part four of Article 142 of this Code, and affixed with the seal of nominating subject,
on paper and in electronically, in the form approved by the Central Election Commission. The
documents provided for in Part six of Article 140, Part seven of Article 141, Part six of Article 142 of
this Code, respectively, shall be attached to the submission.
 The aforementioned submission shall be considered within five days, but not later than on the last
day before the voting day.

 

 The submission 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.
 4. Should any of the grounds provided for by clauses 1 - 7, 9 - 14 of Part three of this Article
appear, the powers of the member of an election commission shall be terminated from the moment the
election commission that established it adopts a decision on early termination of his or her powers, and
as regards the grounds provided in clause 8 of Part three of this Article, from the moment of a person’s
refusal to sign the text of an oath at the election commission’s meeting, or in the event of his or her
failure to attend two first meetings of an election commission, which he or she has been included therein
and which he or she has been duly notified of.
 The Central Election Commission or the respective district election commission shall be
immediately notified of 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.
 A person who has filed an application seeking early termination of his or her powers shall continue
to act as the election commission’s chair, deputy chair, secretary, or member up to the point when the
commission that established the respective commission takes a decision on early termination of his or
her powers.
 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 subjects may, no later than the next day after the receipt of this notification, file a submission
with new nominees to the respective election commission.
 If the submission of nominees to an election commission fails to be filed within the time period
established by this Part, or if the number of persons nominated to an election commission is less than
the minimum number established by Part one of Article 140, Parts two and three of Article 141 of this
Code, the respective election commission shall form this election commission, upon a proposal by the
chair of the election commission, according to the proposals from the members of this commission, the
number of its members being in compliance with the minimum number (being no less than the minimum
required), necessarily having regard to the nominees proposed by the nominating subjects, except for
those that shall be rejected on the grounds established by this Code.
 In the case of early termination of powers of a member of the election commission on the grounds
provided for by clauses 8,10 of Part three of this Article, or on the ground of early termination of powers
of all members of the election commission, his or her candidacy may not be re-included in the election
commission and shall be rejected.
 A decision on early termination of powers of a member of an election commission due to his or her
replacement shall be made simultaneously with a decision on inclusion in the respective election
commission of a replacement member representing the same nominating subject, simultaneously
appointing the replacement member to the respective position in the election commission held by the
commission member, whose powers were terminated early.
 In the event of early termination of powers of all the members of an election commission, or an
individual member thereof, the respective election commission shall, no later than the third day of the
day of the termination of powers of all the members of an election commission (an individual member
thereof), but no later than the last day prior to the day of voting, shall approve a new composition of the
election commission, or shall make a decision to include a replacement member to the respective
election commission (in case if the respective submission has been filed, in accordance with the
procedure specified by this Part) in accordance with the procedure established by this Code.
 In the case of early termination of powers of a member of a precinct election commission at an out-
of-country election precinct, should no submission be received, as provided for in Part two of Article
140 of this Code, another person shall be included in the election commission only if the number of
members of the precinct election commission became less than the minimum number required.

 

 6. Should a decision on early termination of powers of a member of an election commission be
adopted on the day preceding the day of voting, such decision shall be adopted simultaneously with the
decision appointing a replacement member of the respective election commission nominated by the
same subject.
 7. If the chair, deputy chair, or the secretary of an election commission repeatedly fails to perform
his or her duties, the respective district election commission or precinct election commission shall be
entitled to make a submission to the election commission that established it with a motivated request
that he or she be replaced, provided that such submission is supported by at least two-thirds of all the
members of the commission. The aforementioned submission shall be signed by the chair, deputy chair,
or the person presiding at the respective meeting of the election commission and shall be affixed with
the seal of this commission. The submission shall be appended with at least two decisions of the election
commission on the failure of the chair, deputy chair or the secretary of the election commission to
perform their duties, as well as the excerpt from the minutes of the decision of the election commission
which considered an issue about filing such a submission.
 The chair, deputy chair, or the secretary of election commission may personally submit a statement
on resignation (without terminating the membership in the commission) to the election commission that
established it.
 The aforementioned submission or statement shall be a subject to mandatory consideration within
three days, but no later than the last day prior to the day of voting. A decision replacing the chair, deputy
chair, or the secretary of an election commission shall not necessarily result in termination of his or her
powers as a member of the election commission.
 8. In case of receipt of a submission to replace a member of the election commission who is
acting chair, deputy chair, secretary of an election commission, , a decision to appoint to the
respective election commission of a replacement member from the same nominating subject shall
be made, simultaneously appointing this member to the respective position in the election
commission held by the commission member, whose powers were terminated early.
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