TrustVoting Atlas

Community that Joined another Territorial Community
 1. Supplementary elections of members of village and settlement councils shall be held in
accordance with the procedure and terms provided for by this Code for holding ordinary local
elections.
 The determination of the number of multi-member districts in supplementary elections shall take
into account the approximate average number of voters that corresponded to each seat in the last
elections of the village or settlement council of the respective territorial community to which others
have joined, and the total composition of the village, settlement council of the territorial community,
according to the requirements of parts three and five of Article 197 of this Code.
 2. Members of village or settlement councils elected in a supplementary election shall
exercise their powers until a new composition of the local council is elected in the next ordinary
local election held in accordance with the procedure specified by the Constitution of Ukraine and
the Laws of Ukraine.
 3. In the year of holding ordinary local elections, supplementary elections of village and
settlement councils shall not be held. Ordinary elections of the respective village or settlement council
of a territorial community to which territorial communities have joined shall be held throughout the
territory of the territorial community, including the territory of the territorial communities that joined.
 4. The powers of the territorial election commission of a territorial community that are joining
a territorial community shall be terminated after the powers of the respective local council, for the
preparation and conduct of the elections of which it was formed, has been terminated, The powers
regarding the preparation and conduct of supplementary elections shall be exercised by the
territorial election commission established in the territory of a territorial community, which are
being joined by another territorial community.

 

 Chapter XXXXII. FINAL AND TRANSITIONAL PROVISIONS
 1. This Code shall come into force on January 1, 2020, except subclause 3 of clause 3 of this
Chapter, which shall come into force on July 1, 2020, and subclauses 2 and 3 of clause 3 of this Chapter
referring to the exercise of powers of the State Voter Register administration and maintenance bodies by
the regional and territorial representative offices of the Central Election Commission, which shall come
into force on the day following the day, when the Central Election Commission adopts a decision on the
commencement of the work of its regional and territorial representative offices.
 2. The following Laws shall expire as of the day when this Code comes into force:
 1) the Law of Ukraine “On Election of the President of Ukraine” (Vidomosti Verkhovnoi
 Rady Ukrainy, 1999, No. 14, p. 81, with subsequent amendments);
 2) the Law of Ukraine “On Election of Members of Parliament of Ukraine” (Vidomosti
 Verkhovnoi Rady Ukrainy, 2012, No. 10-11, p. 73, with subsequent amendments),
 except the provisions regarding preparation for and conduct of a by-election with the
 purpose to replace MPs of Ukraine, elected in the nationwide election district, whose
 powers were terminated early, for the time period until the next ordinary or
 extraordinary elections of MPs of Ukraine;
 3) the Law of Ukraine “On Local Elections” (Vidomosti Verkhovnoi Rady Ukrainy, 2015,
 No. 37- 38, p. 366, with subsequent amendments), except the provisions as regards
 preparation for and conduct of a repeat election, a by-election or a supplementary
 election with the purpose to replace local council members, elected in a multi-member
 election district, whose powers were terminated early, for the time period until the next
 ordinary or extraordinary elections of local council members.
 3. To make amendments to the following Laws of Ukraine:
 1) Article 1 of the Law of Ukraine “On Advertising” (Vidomosti Verkhovnoi Rady
 Ukrainy, 2004., No. 8, p. 62, with subsequent amendments) shall be amended with a
 new paragraph following paragraph eight, which shall read as follows:
 “political advertising shall be considered information in any form, disseminated in any manner,
with the purpose to promote and draw attention to activities of a political party (party organization), as
well as the political party’s position on issues of the national (local) importance. Political advertising
shall also be considered the use of symbols or logos of political parties (party organizations), messages
about the support by a political party (party organization) of entertainment events or other public events,
or highlighting the participation of the political party (party organization) in such events”.
 Accordingly, paragraphs nine through twenty-one shall be deemed, respectively, paragraphs ten
through twenty-two;
 2) In the Law of Ukraine “On Central Election Commission” (Vidomosti Verkhovnoi
 Rady Ukrainy, 2004, No. 36, p. 448 with subsequent amendments):
 a) Part, seven of Article 3, shall read as follows:
 “7. The Commission shall be independent, which shall be guaranteed by the , this Law and other
laws of Ukraine.
 The independence of the Commission shall be ensured by:
 1) a special procedure for the appointment and dismissal of members of the
 Commission established by the Constitution of Ukraine and this Law;
 2) guarantees for the Commission’s activity provided for by this Law and other laws
 of Ukraine;
 3) special procedure for financial, material and technical support of the Commission
 established by this Law”;
 b) Article 4 shall be appended with Part seven, which shall read as follows:

 

 “7. The Commission shall have an official website, on which the Commission shall post its
decisions, information on elections, referendums, other materials about activities of the Commission,
information on the rights as well as procedures for ensuring the exercise of electoral rights of citizens,
as well as other materials provided for by this Law.
 The official website must meet the technical requirements as regards the creation (modernization)
of the official websites established by the Cabinet of Ministers of Ukraine for unimpeded access of
users with visual and auditory disabilities”;
 c) Part two and seven of Article 6 shall read as follows:
 “2.The President of Ukraine, when preparing the submission of candidates for members of the
Commission, shall take into consideration proposals received from parliamentary factions and groups
established in the Verkhovna Rada of the current convocation, as well as the moral qualities of persons
that are nominated to the Commission, their professional, academic or civic experience in the area of
preparation and conduct of elections or referendums, and the electoral legislation”;
 “7. The Commission shall work on a permanent basis. A member of the Commission shall be
considered a civil servant. The legal status of a member of the Commission shall be established by this
Law”;
 d) in Article 11:
 Part one shall be complemented with paragraph two, which shall read as follows:
 “The meetings of the Commission shall be held at the location of the Commission. If necessary,
field meetings of the Commission may be held”;
 Part four shall read as follows:
 “4. A meeting of the Commission shall be considered plenipotentiary if no less than eleven members
of the Commission take part in it.
 It shall be possible for a member of the Commission to participate in the meeting of the
Commission, using technical means in the manner prescribed by the Commission”;
 e) Article 12 shall be appended with Part nine, which shall read as follows:
 “9. Resolutions of the Central Election Commission shall be immediately posted on its official
website with the possibility of viewing, copying and printing the information therefrom; the information
shall be organized in the form of data set having a format, which allows automated data processing by
electronic means (machine reading) so that they can be re-used”;
 f) in Article 14:
 Part one shall be amended with paragraph two, which shall read as follows:
 “The language of submissions filed with the Commission and the language of their consideration
shall be determined by the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language
as the State Language”;
 Parts four and five shall read as follows:
 “4. Complaints related to elections or referendums and/or filed within the time frame of the
respective election process or the referendum process shall be submitted to the Commission in
accordance with the procedure and within the time frame established by the respective Law.
 Complaints not related to elections or referendums and/or filed not within the time frame of the
respective election process or the referendum process shall be submitted to the Commission in
accordance with the procedure and within the time frame established by the Law of Ukraine “On
Citizens’ Addresses” and other Laws of Ukraine, with due observance of the peculiarities established
by Part ten of this Article.
 5. An application may be filed with the Commission in written form (in paper form or in the form
of an electronic document) or in an oral form. Applications may be submitted in an oral form during a

 

personal reception [of citizens] by members of the Commission and shall be recorded in the manner
established by the Commission”;
 Parts ten and eleven shall read as follows:
 “10. A complaint which is not related to the election or referendum and/or filed outside the time
frame of such election process or the referendum process shall be submitted to the Commission in a
written form on paper and shall contain the following information:
 1) the name of the Commission to which it is submitted;
 2) last name, first name, patronymic name (name) of the complainant, his or her place
 of residence or official contact address (legal or postal address), as well as the
 number of the means of communication or e-mail address, if any;
 3) last name, first name, patronymic name (name) of the subject of the complaint, his
 or her place of residence or official contact address (legal or postal address), as
 well as the number of the means of communication or e-mail address, if any;
 4) the essence of the raised issue (the topic of the complaint);
 5) clearly stated requirements with an indication of the essence of the decision, the
 adoption of which is required from the Commission, in accordance with its powers;
 6) description of circumstances and evidence, used by the complainant to support his,
 her or their requirements;
 7) a list of attached documents and materials;
 8) the signature of the complainant or of a person authorized to represent the interests
 of the respective complainant, with the indication of the date of signing thereof;
 9) the date of signing the complaint.
 A complaint may contain information on interested persons whose involvement, in the opinion of
the complainant, is necessary for the consideration of the complaint.
 If a copy of the complaint is received by e-mail (in electronic form), a complaint shall be processed
by the Commission in the manner prescribed by the Law.
 11. A complaint not related to the election or referendum and/or filed within the time frame of the
election process or the referendum process drawn up not in compliance with the requirements of Part
ten of this Article shall be returned to the complainant without consideration by the Chair of the
Commission or, upon his or her instruction, by another member of the Commission, with the respective
clarifications, no later than the day following the day of receipt thereof”;
 g) Parts two, three, and four of Article 15 shall read as follows:
 “2. Applications which are submitted to the Commission during the election process or the
referendum process and which are related to this process shall be considered by the Commission within
five days from the day of submission thereof. The day of submission of