Ukraine

Law of Ukraine on the Election of the People's Deputies of Ukraine (2011)

Updated: March 2022

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Article 2, part 1 states:

Elections in Ukraine shall be based on universal suffrage. The right to vote in an election of MPs may be exercised by Ukrainian citizens who are eighteen years old on the day of voting. Ukrainian citizens who have the right to vote shall be the voters.

 

Excerpt from the Law of Ukraine on Election of the People's Deputies of Ukraine (2011)

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Article 2, part 9 states:

A citizen who has been declared incompetent by a court shall not have the right to vote.

 

Article 37, part 3 states:

The office of an individual member of a district or precinct election commission may be terminated before the expiration of its ordinary term by a decision of the higher level commission on the grounds of …

  • (13) his or her being declared incompetent…

 

Article 40 states:

(2) Voters who have been noted on the voter list as being permanently unable to move without assistance shall be simultaneously notified that they shall be provided with an opportunity to vote at their place of stay. Such notices shall be sent or delivered no later than fifteen days prior to the day of voting. The form of a personal invitation shall be approved by the Central Election Commission.

(3) A voter shall have the right to access the preliminary voter list at the premises of the precinct election commission and to verify the correctness of the information it includes. A voter may submit an application to the precinct election commission or directly to the State Voter Register maintenance body, seeking to correct the preliminary voter list, in particular concerning the inclusion or exclusion of the voter or any other persons in/from the voter list, as well as concerning the presence or absence of a note indicating that the voter is permanently unable to move without assistance.

(4) A voter shall personally submit an application concerning circumstances specified in Part three of this Article to the precinct election commission or directly to the State Voter Register maintenance body. Should a voter not be able to submit an application personally due to health reasons, the precinct election commission shall, upon application of such voter, provide for the acceptance of application from such voter in another manner.

 

Article 60, part 1 states:

The Central Election Commission shall refuse to register MP candidate(s) in the event of:…

  • (5) the MP candidate’s being found to be incompetent…

 

Article 61, part 4 states:

The Central Election Commission shall take a decision canceling an MP candidate’s registration if:…

  • (5) the MP candidate has been found incompetent…

 

Article 86 states:

(1) Each precinct election commissions shall ensure that voters who are included in the voter list of the precinct and are incapable of moving independently because of age, physical disability, or state of health are able to vote at the place their stay…

(5) A voter being temporarily incapable of moving independently shall file, by mail or through a third person, an application in his or her own handwriting requesting that he or she be provided with an opportunity to vote at the place of his or her stay, with indication of the voter’s place of stay. Such application shall be submitted, along with a certificate of the voter’s health issued by a medical institution, to the precinct election commission no later 20:00 of the last Friday prior to the day of voting.

(6) It shall be the responsibility of a voter wishing to vote at home to file the application provided for by Part five of this Article.

(7) At special election precincts established in inpatient care establishments, voting at the place of voters’ stay shall be conducted on the basis of a voter’s application, in his or her own handwriting, with a request to be provided with the opportunity to vote at his or her place of stay, in view of his or her need to be confined to bed.

(8) An application by a voter to vote at the place of his or her stay shall be registered by the precinct election commission in a separate register, indicating the day and time of the receipt of the application, and also the last name, first name, patronymic, and address of the voter’s place of residence (place of stay)…

(11) The head of a precinct election commission shall announce the departure of the precinct election commission members who are conducting voting at voters’ place of stay in the precinct. The head of the precinct election commission shall provide the appointed election commission members with the excerpt from the voter list created in compliance with Part two of this Article, and with a sealed (or affixed with a seal) mobile ballot box into which they shall drop a control sheet. The control sheet shall contain the following information: the ballot box number; the time at which the appointed election commission members departed, in hours and minutes; the numbers of ballot papers for the nationwide and single-mandate election district received by them; and the last names of the appointed election commission members. The control sheet shall be signed by all the election commission members present (whose signatures shall be certified by the seal of the commission) and, upon request, by MP candidates, their authorized persons, authorized persons of parties, or official observers…

(13) A voter or his or her family members may not refuse entry to any of the commission members appointed to conduct voting at voters’ place of stay, or to any official observers, MP candidates, their authorized persons, authorized persons of parties, or official observers that have the right to be present during the voting. In the event that the aforementioned persons are denied entry into the voter’s place of stay, the voter in question shall not be provided with the opportunity to vote at his or her place of stay.

(14) In the event of organizing voting at a voter’s place of stay, a member of the precinct election commission shall, based on the excerpt from the voter list, issue to the voter, provided that the latter presents one of the documents specified in Part four of Article 2 of this Law, ballot papers for the nationwide district and for the respective single-mandate district. When issuing the ballot papers, the precinct election commission member shall enter his or her last name and initials and put his or her signature in the designated places on the counterfoils of the ballot papers, as well as indicating the number of the voter in the voter list. The voter shall put his or her signature on the counterfoils of the ballot papers and in the excerpt from the voter list, fill out the ballot papers in accordance with the procedure specified by Part eight of Article 85 of this Law, and drop the completed ballot papers into the ballot box…

 

Excerpts from the Law of Ukraine on Election of the People's Deputies of Ukraine (2011)

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Article 39, part 4 states:

…The column “Notes” of a preliminary voter list shall contain a note identifying voters with permanent inability to move without assistance.

 

Article 40 states:

(2) Voters who have been noted on the voter list as being permanently unable to move without assistance shall be simultaneously notified that they shall be provided with an opportunity to vote at their place of stay. Such notices shall be sent or delivered no later than fifteen days prior to the day of voting. The form of a personal invitation shall be approved by the Central Election Commission.

(3) A voter shall have the right to access the preliminary voter list at the premises of the precinct election commission and to verify the correctness of the information it includes. A voter may submit an application to the precinct election commission or directly to the State Voter Register maintenance body, seeking to correct the preliminary voter list, in particular concerning the inclusion or exclusion of the voter or any other persons in/from the voter list, as well as concerning the presence or absence of a note indicating that the voter is permanently unable to move without assistance.

(4) A voter shall personally submit an application concerning circumstances specified in Part three of this Article to the precinct election commission or directly to the State Voter Register maintenance body. Should a voter not be able to submit an application personally due to health reasons, the precinct election commission shall, upon application of such voter, provide for the acceptance of application from such voter in another manner.

 

Article 43, part 4 states:

The submission shall be filed in accordance with the form established by the Central Election Commission, and must contain, in relation to each voter, information on:…

  • (4) if appropriate, a mark in the “Notes” column indicating that the voter is permanently incapable of moving independently.

 

Article 85 states:

…(5) A voter shall fill out the ballot papers personally, in a booth for secret voting. The presence of other persons in the booth for secret voting during the filling out the ballot papers by the voter shall be prohibited. A voter who, due to his or her corporal defects, is unable to fill out the ballot paper without assistance, may, with consent of the head or other member of the precinct election commission, ask another voter for assistance, with the exception of a member of the election commission, an MP candidate, his or her proxy, a party’s authorized person, or an official observer.

(6) To ensure the possibility of voting for blind voters, the Central Election Commission shall produce two ballot paper stencils for each regular election precinct with raised dots (according to the Braille method). For the special election precincts, such stencils shall be allowed to be produced upon a submission from the district election commission…

(9) Voters shall personally drop their completed ballot papers into the ballot box. A voter who, due to his or her corporal defects, is unable to drop the ballot paper into the ballot box without assistance may, with the consent of the head or other member of the precinct election commission, ask another person to do that in his or her presence, except that he or she may not ask for assistance from a member of the election commission, an MP candidate, a proxy of an MP candidate, a party’s authorized person, or an official observer…

 

Article 86 states:

(1) Each precinct election commissions shall ensure that voters who are included in the voter list of the precinct and are incapable of moving independently because of age, physical disability, or state of health are able to vote at the place their stay…

(5) A voter being temporarily incapable of moving independently shall file, by mail or through a third person, an application in his or her own handwriting requesting that he or she be provided with an opportunity to vote at the place of his or her stay, with indication of the voter’s place of stay. Such application shall be submitted, along with a certificate of the voter’s health issued by a medical institution, to the precinct election commission no later 20:00 of the last Friday prior to the day of voting.

(6) It shall be the responsibility of a voter wishing to vote at home to file the application provided for by Part five of this Article.

(7) At special election precincts established in inpatient care establishments, voting at the place of voters’ stay shall be conducted on the basis of a voter’s application, in his or her own handwriting, with a request to be provided with the opportunity to vote at his or her place of stay, in view of his or her need to be confined to bed.

(8) An application by a voter to vote at the place of his or her stay shall be registered by the precinct election commission in a separate register, indicating the day and time of the receipt of the application, and also the last name, first name, patronymic, and address of the voter’s place of residence (place of stay)…

(11) The head of a precinct election commission shall announce the departure of the precinct election commission members who are conducting voting at voters’ place of stay in the precinct. The head of the precinct election commission shall provide the appointed election commission members with the excerpt from the voter list created in compliance with Part two of this Article, and with a sealed (or affixed with a seal) mobile ballot box into which they shall drop a control sheet. The control sheet shall contain the following information: the ballot box number; the time at which the appointed election commission members departed, in hours and minutes; the numbers of ballot papers for the nationwide and single-mandate election district received by them; and the last names of the appointed election commission members. The control sheet shall be signed by all the election commission members present (whose signatures shall be certified by the seal of the commission) and, upon request, by MP candidates, their authorized persons, authorized persons of parties, or official observers…

(13) A voter or his or her family members may not refuse entry to any of the commission members appointed to conduct voting at voters’ place of stay, or to any official observers, MP candidates, their authorized persons, authorized persons of parties, or official observers that have the right to be present during the voting. In the event that the aforementioned persons are denied entry into the voter’s place of stay, the voter in question shall not be provided with the opportunity to vote at his or her place of stay.

(14) In the event of organizing voting at a voter’s place of stay, a member of the precinct election commission shall, based on the excerpt from the voter list, issue to the voter, provided that the latter presents one of the documents specified in Part four of Article 2 of this Law, ballot papers for the nationwide district and for the respective single-mandate district. When issuing the ballot papers, the precinct election commission member shall enter his or her last name and initials and put his or her signature in the designated places on the counterfoils of the ballot papers, as well as indicating the number of the voter in the voter list. The voter shall put his or her signature on the counterfoils of the ballot papers and in the excerpt from the voter list, fill out the ballot papers in accordance with the procedure specified by Part eight of Article 85 of this Law, and drop the completed ballot papers into the ballot box…

 

Excerpts from the Law of Ukraine on Election of the People's Deputies of Ukraine (2011)

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Article 37, part 3 states:

The office of an individual member of a district or precinct election commission may be terminated before the expiration of its ordinary term by a decision of the higher level commission on the grounds of …

  • (13) his or her being declared incompetent…

 

Article 60, part 1 states:

The Central Election Commission shall refuse to register MP candidate(s) in the event of:…

  • (5) the MP candidate’s being found to be incompetent…

 

Article 61, part 4 states:

The Central Election Commission shall take a decision canceling an MP candidate’s registration if:…

  • (5) the MP candidate has been found incompetent…

 

Excerpts from the Law of Ukraine on Election of the People's Deputies of Ukraine (2011)