The Law of Ukraine
On Elections of People's Deputies of Ukraine
Date of Entry into Force:
October 1, 2005
The issues related to elections of people's deputies of Ukraine are currently regulated by the provisions of the Law of Ukraine “On Elections of People's Deputies of Ukraine” adopted by the Verkhovna Rada of Ukraine on October 18, 2001.This Law shall be valid until October 1, 2005 until the new Law of Ukraine “On Elections of People's Deputies of Ukraine” enters into effect.
In the new Law of Ukraine “On Elections of People's Deputies of Ukraine” (entry into force October 1, 2005) it is stated that elections of people's deputies will be held on the basis of proportional system: people's deputies shall be elected by election lists of candidates from political parties in the multimandate all-state election constituency.
The total number of people's deputies shall be defined by the Constitution of Ukraine (currently - 450 deputies). A citizen of Ukraine who is 21 years old on the election day, has the right to vote and has resided in Ukraine for the last five years may be elected as deputy. The right to nominate candidates for deputies shall have the citizens of Ukraine who have the right to vote. This right shall be exercised by them through parties (blocs), which have been registered not later than 365 days before the elections. Nomination of the candidates for deputies shall start 119 days and end 90 days before the elections.
Elections of deputies may be:
- regular (held due to termination of the constitutional term of authorities of the Verkhovna Rada of Ukraine and do not require a separate decision about their holding). Take place on the last Sunday of March of the last year of authorities of the Verkhovna Rada of Ukraine;
- extraordinary (are appointed by the President of Ukraine according to the procedure set by the Constitution of Ukraine). Take place on the last Sunday of a sixty-day term since the day of publishing of the Decree of the President of Ukraine on early termination of authorities of the Verkhovna Rada of Ukraine.
Elections of deputies shall be held in a uniform all-state multimandate election constituency which includes the entire territory of Ukraine and is divided into 225 territorial election constituencies. In order to vote and count votes effectively the territory of each constituency shall be divided into election districts. The number of election districts is not limited.
Elections of people's deputies of Ukraine shall be organized and held by the Central Election Commission, territorial election commissions and election districts. The Law defines the procedure of creation, termination and authorities of the above election commissions during the election campaign.
Preparation and holding of elections of people's deputies shall be financed only at the expense of funds of the State Budget of Ukraine and election funds of parties (blocs) of the candidates for people's deputies. A voluntary contribution of natural person into the election fund of one party (bloc) shall not exceed four minimum salaries. It shall be prohibited for foreigners, stateless persons and anonymous contributors to pay in money to the election fund.
The number of candidates for deputies which are nominated by a party (bloc) shall not exceed 450. All candidates for deputies nominated by a party (bloc) shall be included into the unified election list of a party (block).
The party (bloc) which nominates its candidates for people's deputies shall deposit to the special account of the Central Election Commission a monetary pledge amounting 2,500 minimum salaries. The monetary pledge shall be returned to the party (bloc), which participated in the distribution of deputies' mandates.
People's deputies of Ukraine shall be elected by the citizens of Ukraine on the basis of general, equal and direct suffrage by secret voting. Each Ukrainian citizen who is 18 years old on the election day has the right to vote in the elections of people's deputies. In the elections of people's deputies each Ukrainian citizen has one vote and takes part in the voting directly. Voting in the elections of people's deputies shall be secret: control over people's will expression shall be prohibited. A citizen shall express his/her will in the elections of people's deputies at the election district located in the place of residence. The persons who on the election day do not stay in the place of their permanent registration may receive absentee ballots at the election district and vote in the place of their actual stay.
Voting shall be held at the election district from 8 am until 20 pm. Each voter gets one election list by means of which s/he votes for this or that candidate for people's deputies from certain party. The election commission shall count votes for the candidates, included into election list of each party (bloc), after the time determined for voting expires. The results of vote count shall be recorded in the minutes of the district election commission. After the minutes of all election commissions are filled in, they shall be brought to the territorial election commission and from the latter - to the Central Election Commission. The Central Election Commission shall announce the voting results on the basis of summarizing the data obtained from the Territorial election commissions.
The results of elections shall be published in the newspapers “Golos Ukrainy” and “Uryadovy Kurjer”not later than on the fifth day since the day of establishment of final results of elections. The list of elected deputies shall be published in alphabetic order with indication of their surname, name, patronymic, year of birth, profession, post (occupation), place of work, place of residence, party membership, subject of nomination.
Deputies' mandates shall be distributed between election lists of parties (blocs) in proportion to the obtained votes of voters. The candidates for deputies, included into the election list of party (bloc) which obtained less than three percent of votes of voters who participated in the voting, shall not have the right to distribute deputies' mandates. The result of elections of deputies shall be determination of the turn in the election lists of parties (blocs) of the persons elected as deputies from parties (blocs) in compliance with the number of deputies' mandates obtained by the election lists of parties (blocs).
The Central Election Commission shall give to the person, who is registered as deputy, the temporary certificate of people's deputy of Ukraine of set form not later than on the seventh day since the day of his/her registration. After the deputy takes the Oath of people's deputy of Ukraine, the Central Election Commission shall give him/her the certificate of people's deputy of Ukraine and a breastplate of set form not later than on the seventh day.
Parties (parties which were components of blocs), which election lists obtained three and more percent of voters' votes, have the right to compensation of expenses related to financing of their pre-election propaganda. Expenses shall be compensated from the State Budget of Ukraine. Compensation shall cover amount of actual expenses, but shall not exceed one hundred thousand of minimum salaries.