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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The Parliament is composed of 450 deputies, half of which are elected from a single countrywide constituency. For the election of the other 225 deputies, the territory of Ukraine shall be divided into 225 single-member constituencies which shall be established by the Central Election Commission. The constituency boundaries are determined in accordance with the existing administrative boundaries, the number of registered voters in each constituency and the interests of local communities and ethnic minorities living in the respective territory.
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 18 (1):
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
c . The Electoral Management Body
Comments: The Central Election Commission establishes a system of territorial organization of national elections by the formation of election districts and polling stations with features specified by the relevant election law.
Central Election Commission shall publicize in state-governed mass media within 3 days of passing a relevant decision the following:
1) information regarding the formation of constituencies
2) indicating their names, boundaries, center, and estimated number of voters.
Source: Law on Central Election Commission, article 17(7)
Law on Elections of Peoples Deputies of Ukraine, article 16(5)
Verified: 2019/03/11
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population d . Conformity with local jurisdiction boundaries f . Communities of interest/cultural concerns
Comments: The Parliament is composed of 450 deputies, half of which are elected from a single countrywide constituency. For the election of the other 225 deputies, the territory of Ukraine shall be divided into 225 single-member constituencies which shall be established by the Central Election Commission. The constituency boundaries are determined in accordance with the existing administrative boundaries, the number of registered voters in each constituency and the interests of local communities and ethnic minorities living in the respective territory.
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 18 (2):
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
BD004
Question: If population is a criterion, which population figure is used?
Answer:
c . Number of registered voters
Comments: The Central Election Commission shall create constituencies on the basis of data presented by the central body of executive power in charge of statistics.
Source: Law on Elections of Peoples Deputies of Ukraine, article 16(3)
Verified: 2014/05/14
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: Electoral constituencies are determined by the Central Election Commission, which should publish a list of the constituencies on its website no later than 175 days before the election.
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 18 (1, 4):
https://zakon.rada.gov.ua/laws/show/en/4061-17
Law on Central Election Commission, (last amended in 2018), article 17(7):
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/12
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
c . Changes in numbers of registered voters
Comments:
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2019/03/11
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The President of Ukraine is the Head of State. S/he shall be elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot, for more than two consecutive terms. The candidate who obtains the absolute majority of votes shall be elected President. There shall be a second round of elections among the two candidates with the highest number of votes, in case no candidate obtains the absolute majority at the first round.
Source: Constitution, articles 102, 103: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80
Law on Elections of the President of Ukraine, last amended in 2019, art. 84 (3, 5):
https://zakon.rada.gov.ua/laws/show/474-14
Verified: 2019/03/11
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: The Prime Minister of Ukraine is appointed by the Parliament of Ukraine (Verkhovna Rada) upon the submission by the President of Ukraine. The name of a candidate for the office of the Prime Minister of Ukraine is put forward by the President of Ukraine upon the proposal by the parliamentary coalition or by a parliamentary faction whose People's Deputies of Ukraine make up a majority of the constitutional membership of the Parliament.
Source: Constitution, article 114
https://zakon.rada.gov.ua/laws/show/474-14
Verified: 2019/03/11
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: The President of Ukraine is the Head of State. S/he shall be elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot, for more than two consecutive terms. The candidate who obtains the absolute majority of votes shall be elected President.
Source: Constitution, articles 102, 103: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/11
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The sole body of legislative power in Ukraine is the Parliament, the Verkhovna Rada of Ukraine, which comprises 450 Deputies elected on the basis of universal, equal and direct suffrage, by secret ballot for a term of five years.
Source: Constitution, art. 75, 76
https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/11
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
e . Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Comments: The parliament is composed of 450 members elected by a mixed system. 225 deputies shall be elected by list-proportional representation from closed party lists in a single countrywide constituency and the other 225 deputies shall be elected by first-past-the-post in 225 single-member constituencies.
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 1:
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/11
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments:
Source: Constitution, article 75
Verified: 2014/05/21
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level b . Specially delimited constituencies
Comments: 225 candidates are elected in single-mandate constituencies created by the Central Election Commission, and 225 persons in multi-mandate constituency that incorporate territory of the whole country.
Source: The Law on Elections of Peoples of Ukraine, article 16
Verified: 2014/05/21
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments: The Parliament in Ukraine is unicameral.
Source: Constitution, article 75
Verified: 2014/05/23
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) b . Elections can be called at any time (specify by whom) c . On a fixed day of the week (specify day, specify if holiday)
Comments: a.) Every 4 years
b.) In case parliament is dissolved earlier.
c.) Regular elections shall take place on the last Sunday of March of the fourth year of authority of the Verkhovna Rada of Ukraine.
Source: The Law on Elections of Peoples of Ukraine, article 6
Verified: 2006/11/23
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments: e.) The national legislature only consists of one chamber.
Source: Constitution, article 75
The Law on Elections of Peoples of Ukraine
Verified: 2006/11/23
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: As a rule it takes place the last Sunday of March every forth year.
Source: The Law on Elections of Peoples of Ukraine, article 6
Verified: 2002/08/29
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments:
Source: Constitution (last amended in 2016)
https://zakon.rada.gov.ua/laws/show/474-14
The Law on Elections of People's Deputies of Ukraine (last amended in 2019)
https://zakon.rada.gov.ua/laws/show/en/4061-17
Law on Elections of the President of Ukraine (last amended in 2019)
https://zakon.rada.gov.ua/laws/show/474-14
Verified: 2019/03/11
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: Last amendment: 2002.01.17.
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2014/05/23
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections d . Referendums
Comments:
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019):
https://zakon.rada.gov.ua/laws/show/en/4061-17
Law on Elections of the President of Ukraine (last amended in 2019);
https://zakon.rada.gov.ua/laws/show/474-14
Constitution (last amended in 2016);
https://zakon.rada.gov.ua/laws/show/474-14
Verified: 2019/03/11
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Participation of Ukrainian citizens in national elections shall be
voluntary. No one may be obliged to participate or not the election.
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), article 5
https://zakon.rada.gov.ua/laws/show/en/4061-17
Law on Elections of the President of Ukraine, art. 5: http://www.cvk.gov.ua/metod/kultura/npa/zn_pro_vybory_pu.doc (2014).
Verified: 2019/03/11
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
a . Presidential elections are not held on the same day as national legislative elections
Comments: Presidential elections are held on the last Sunday in October(parliamentary elections are held on the last Sunday in March) every fifth year.
Source: Constitution, chapter 4-5
Verified: 2002/08/29
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary b . EMB
Comments: Electoral complaints may be submitted either to the Central Election Commission or to the administrative courts.
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), article 108
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/11
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments: But there is a draft for the creation of a administrative specialised court on electoral disputes.
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2002/08/29
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties c . Voters e . Other
Comments: a.) Candidates for deputies and their authorized persons.
1. The Central Election Commission may declare elections void if, during the course of their conduct or tabulation of votes, there were violations of this Law which influenced the outcomes of elections.
2. A request to declare the elections void can be submitted to the Central Election Commission by a person who nominated as a candidate for deputy, a political party, electoral bloc of parties whose lists of candidates for deputy were registered according to this Law, or by their authorized persons, as well as by the bodies of the procurator's office of Ukraine within ten days after the day of publicizing the results of the elections by the constituency election commission.
3. Decision of the Central Elections Commission to declare the elections void, to refuse to declare the elections void or non-adoption of a decision on this issue can be appealed to the court by the procedure established by law.
Source: Law on Elections of Peoples Deputies of Ukraine, article 47 (1-3)
Verified: 2014/05/23
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
c . Superior Court
Comments: c.)Decision of the Central Elections Commission to declare the elections void, to refuse to declare the elections void or non-adoption of a decision on this issue can be appealed to the court by the procedure established by law.
Source: Law on Elections of Peoples Deputies of Ukraine, article 47 (3)
Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2006/11/21
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
b . Legislative Committee f . Other
Comments: b.) Any deputy of the Parliament
f.) The President
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2014/05/22
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: The Central Election Commission (hereafter – the Commission) is a permanently functioning collegial state body, which shall work on the basis of the Constitution of Ukraine, this and other laws of Ukraine and be assigned the authorities to organize the preparation and conduct of elections of the President of Ukraine, of people’s deputies of Ukraine, of deputies of the parliament of the Autonomous Republic of Crimea, of deputies of local councils and villages, town and city mayors, as well as nationwide and local referenda.
Source: Law on the Central Election Commission (last amended in 2018) article 1 (1)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
EM003
Question: The national electoral management body reports to:
Answer(s):
c . The legislature
Comments: The Commission is an independent state body which shall exercise its authorities autonomously, independently of other state bodies and bodies of the local self-government.
The Commission shall present annual reports on the use of the budgetary funds to the Accounting Chamber of the Verkhovna Rada of Ukraine.
Source: Law on Central Election Commission, article 28(1)
Verified: 2014/05/23
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: "Expenses related to the activities of the Commission and its Secretariat, patronage service, the Service of the Manager of the State Register of Voters, are financed from the State Budget of Ukraine."
Source: Law on the Central Election Commission (last amended in 2018) article 36 (1)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments: "The Commission shall submit an annual report on the use of funds from the State Budget of Ukraine to the Accounting Chamber."
Source: Law on the Central Election Commission (last amended in 2018) article 36 (3)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The term of the authority of the Commission members shall be 7 years.
Source: Law on the Central Election Commission (last amended in 2018) article 6 (8)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
a . Elected (specify by whom)
Comments: The Chairman of the Commission, Deputy Chairman of the Commission, Secretary of the Commission shall be elected from the Commission members through secret voting, at its session.
Source: Law on Central Electoral Commission, article 6
Verified: 2002/08/29
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The Election Commission is a separate legal entity which exercises its powers independently.
Source: Law on the Central Election Commission (last amended in 2018) article 1 (3), 2(2), 3
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments: The Central Election Commission is composed of 17 members.
Source: Law on the Central Election Commission (last amended in 2018) article 6 (3)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: The law requires that the Chairman, Vice Chairman, Secretary and at least five members of the Election Commission have higher legal education. The members of the Commission shall be citizens of Ukraine, at least 25 years old on the day of the appointment, eligible to vote, Ukrainian residents for at least 5 years and has knowledge of the country's official language (Ukrainian).
Source: Law on the Central Election Commission (last amended in 2018) article 6 (6) 7 (1)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State e . Legislature
Comments:
Source: Law on the Central Election Commission (last amended in 2018) article 6 (1, 2)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body b . Regional Electoral Management Bodies c . Local/County Electoral Management Bodies
Comments:
Source: Law on the Central Election Commission (last amended in 2018) article 17 (11, 12)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments:
Source: Law on the Central Election Commission (last amended in 2018) article 17 (11, 12)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body c . Yes, conducted by the Regional Electoral Management Bodies d . Yes, conducted by the Local/County Electoral Management Bodies
Comments:
Source: Law on the Central Election Commission (last amended in 2018) article 17 (11, 12)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/11
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement e . Public meetings g . Internet
Comments:
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2002/08/29
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
i . Not applicable
Comments: At the most recent elections there was no civic education campaign but at the elections in 1998 there were.
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2002/08/29
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
h . Not applicable
Comments: At the most recent elections there were no special voter education programmes, but at the previous election in 1998 special voter education was organised for blind people. Special ballots were printed for them.
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2002/08/29
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Citizens of Ukraine who have attained the age of eighteen on the day elections and referenda are held, have the right to vote.
Source: Constitution (last amended 2016), art. 70
https://zakon.rada.gov.ua/laws/show/474-14
Verified: 2019/03/11
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments: Citizens of Ukraine who have attained the age of eighteen on the day elections and referenda are held, have the right to vote.
Source: Constitution (last amended 2016), art. 70
https://zakon.rada.gov.ua/laws/show/474-14
Verified: 2019/03/11
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration d . Mental disability
Comments: a.) Execution of suffrage rights shall be suspended for persons who are incarcerated by court's decision for the time of being incarcerated.
d.) Citizens deemed by a court to be incompetent do not have the right to vote.
Source: Law on Elections of People's Deputies of Ukraine, article 1
Constitution, article 70
Verified: 2014/05/23
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments:
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 39:
https://zakon.rada.gov.ua/laws/show/en/4061-17
Law on Central Election Commission (last amended in 2018), art. 17 (8)
https://zakon.rada.gov.ua/laws/show/en/1932-15
Verified: 2019/03/12
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
a . Links to national population records
Comments: For the compilation of the general lists of voters the information about the place of permanent residence of the citizens is available with the local bodies of Ministry of Internal Affairs Ministry of Justice and the State Tax Administration Office. The Chairman of the executive body that compiles the list request the information from organizations above.
Source: Law on Elections of People's Deputies of Ukraine, article 30(1)
Verified: 2002/08/29
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments:
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 39: https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
b . Deposit requirement (specify amount) c . Regional distribution requirement e . Minimum number of candidates
Comments: 'A party that has nominated an electoral roll of candidates for deputies in a national constituency, after the commencement of the election process and before filing documents with the Central Election Commission for registration of candidates for deputies, makes a monetary deposit in the amount of one thousand minimum wages in cashless way on the special account of the Central Election Commission pay'
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), articles 53, 56 (1)
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments: The Parliament is unicameral.
Source: Constitution, article 75
Verified: 2002/08/30
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration
Comments: A citizen of Ukraine who has attained the age of twenty-one on the day of elections, has the right to vote, and has resided on the territory of Ukraine for the past five years, shall be eligible to be elected a People's Deputy of Ukraine.
Source: Constitution, art. 76 (2)
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
The Law on Elections of People's Deputies of Ukraine (last amended in 2019), article 9
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
k . No information available
Comments: The Parliament is unicameral.
Source: Constitution, article 75
Verified: 2002/08/30
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration j . Other
Comments: a.) A citizen of Ukraine, who is 35 years of age on the day that elections are conducted, who is eligible to vote, who has resided in Ukraine for 10 years preceding election day, and who speaks the state language, may be elected President of Ukraine.The same person can be elected President of Ukraine for no more than two consecutive terms of office.
Source: Law on Election of President, article 2
Verified: 2014/05/23
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration e . Offences against electoral law k . Mental health problems
Comments: e.) Violation of the procedure of nomination of a candidate for deputy established by Law. Absence or improper presentation of the documents specified by article 41-42.
e.) Discovery by a corresponding election commission of vital inconsistencies in the personal information regarding the candidate submitted in compliance with this Law.
a.)and h.) Establishment of incapability of the person nominated as a candidate or enforcement of the court sentence for committing a premeditated crime.
Source: Law on Elections of People's Deputies of Ukraine, article 47
Verified: 2002/08/30
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
a . Current criminal incarceration b . Detention c . Criminal record e . Offences against electoral law k . Mental health problems
Comments: a.) The person who stays in penitentiary facilities or have been convicted for premediated crime and this conviction has not been overturned or removed.
Source: Law on Election of the President, article 2(5)
Verified: 2002/09/12
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: The right to nominate legislative candidates in the single-member constituencies shall be exercised either through the political parties or through self nomination.
The right to nominate candidates to the post of the President of Ukraine shall belong to Ukrainian citizens who are eligible to vote. They shall exercise this right through political parties or their election blocs, as well as by self-nomination.
Source: Law on Elections of the President of Ukraine (last amended in 2019) art. 10 (1):
https://zakon.rada.gov.ua/laws/show/474-14
The Law on Elections of People's Deputies of Ukraine (last amended in 2019),
art. 52 (2), 55 (2)
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
b . Deposit requirement (specify) d . Other
Comments: Deposit shall be made in amount of of 60 before-tax minimum wages by way clearing settlement to a special account of the Central Election Commission.
Candidate has to submit:
1) Application with willingness to be nominated as a candidate for deputy.
2) An obligation to cease in the event of his/her election activity inappropriate for the deputy's mandate.
3) Biographical data of the candidate for deputy.
4) Electoral program of the deputy. 5) The declaration of income for previous year compiled in the form established by the Ministry of Finance of Ukraine. 6) Personal obligation regarding termination of authority of deputy of other representative body in the event of his/her election.
Source: Law on Elections of People's Deputies of Ukraine, article 42-43
Verified: 2002/08/30
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments: The Parliament is unicameral.
Source: Constitution, article 75
Verified: 2002/08/30
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
a . Signature requirement (specify) d . Other
Comments: A nominee may be registered as a candidate for President of Ukraine if his/her candidacy is supported with signatures of at least one million citizens of Ukraine who are eligible to vote, including at least thirty thousand citizens in each of the 2/3 of Ukrainian regions (Autonomous Republic of Crimea, oblasts, and the cities of Kyiv and Sevastopol).
Source: Law on Election of the President, article 28
Verified: 2002/08/30
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: As of 2015, parties that receive more than 5% of the vote are entitled to annual public funding for non-campaign spending of 2% of the minimum wage for each vote received. Those parties are also entitled to reimbursement of some campaign costs. In 2019, public funding will be expanded to all parties that receive more than 2% of the popular vote.
There is also indirect public funding in the form of posting and dissemination of campaign materials and free broadcast time on public media.
Source: Law of Ukraine on Political Parties in Ukraine (as amended up to 2015), art. 17: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
a . As related to the election period only b . Between elections c . As related to the election period and between elections
Comments: No later than in sixty days following the official publication of the election results, the Central Election Commission, based on the party’s final financial report on the receipt and use of the election fund submitted in accordance with the requirements of the Parliamentary Election Law, shall adopt a decision on reimbursement of campaign expenses to political party or a decision on refusal of such reimbursement.
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015), art. 17-4: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
a . Free media access d . Other
Comments: a.) Use of Printed Mass-Media and Electronic (Audio-Visual) Mass Media.
d.) Information Posters and Pre-election Publicity Materials.
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015), art. 12: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments: Material and financial support to political parties shall be provided in the form of:
1) donations in support of political parties;
2) public funding of statutory activities of political parties in accordance with the procedures established by this Law and other laws of Ukraine. A donation in support of political party shall mean the monetary funds or other property, benefits, allowances, services, loans (credits), intangible assets, any other intangible or non-monetary benefits including membership fees of the party members, sponsorship by the third parties of the events or other activities in support of political party, goods, works, services provided or
received for free or at discounted price (at a price lower than the market value of identical or similar works, goods and services in the relevant market) that were received by the party or its registered local organization, by the person related to political party or its registered organization, by a candidate nominated by the party or its local organization for the presidential, parliamentary or local elections (through transferring the funds into the election fund account in the respective elections) or provided to the party, its
registered local organization, the person related to the party or its local organization or to the candidate nominated by the party or its local organization for the parliamentary, presidential or local elections (through transferring the funds into the election fund account in the respective elections).
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015), art. 14: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments: The State Budget funds shall be allocated to:
1) funding of the the statutory activities of political parties not related relate to their participation in presidential, parliamentary or local elections, including remuneration of the members of the statutory bodies of the party and its local organizations pursuant to the procedure specified in the
legislation;
2) the reimbursement of the party expenses on election campaigning in the regular or pre-term parliamentary elections. If the State Budget is divided into the general and special funds, the expenses provided for by Part 1 of this Article shall be covered from the general fund of the State Budget.
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015), art. 17-1: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Material and financial support to political parties shall be provided in the form of:
1) donations in support of political parties;
2) public funding of statutory activities of political parties in accordance with the procedures established by this Law and other laws of Ukraine.
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015), art. 17: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
a . As related to the election period only b . Between elections
Comments: Personal election funds shall be created at the expense of money, respectively:
political party, electoral bloc of parties - in the multi-mandate all-state election constituency;
candidate for deputy - in a single-mandate election constituency.
Citizens of Ukraine and legal entities may contribute to these funds formed according to legislation of Ukraine.
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015), art. 15: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received b . Public disclosure of party expenditure c . Prohibition on party funding from foreign sources d . Ceilings on how much money a party can raise e . Ceilings on party election expenses h . Publication or public access to contribution and / or expenditure reports
Comments: The political parties and their local organizations shall keep accounting records in accordance with the legally prescribed procedures and shall undergo an annual internal financial audit of their activities. In addition, they shall undergo an external independent financial audit in the cases provided for by this Law.
An annual internal financial audit of activities of a party and its local organization registered as a legal person shall be performed by the unit(official) of the party/local party organization in charge of intra-party financial control (audit) of the incomes and expenses of, respectively, party or local party organization. A political party that was an electoral subject in the parliamentary or presidential elections, or participated in the regular or pre-term local elections, as well as the party which receives public funding, shall be obliged to undergo external independent financial audit of report on property, incomes, expenses and financial obligations during a year following the year when such elections were held or following the year when the public funds were received.
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015), art. 17: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
a . Public disclosure of candidate contributions received b . Public disclosure of candidate expenditure c . Prohibition on candidate funding from foreign sources f . Electronic reporting of candidate expenses g . Electronic reporting of candidate contributions received h . Publication or public access to contribution and / or expenditure reports
Comments: No later than on the 40th day following the end of each quarter, a political party shall submit to the National Agency for Prevention of Corruption a hard copy (signed by the party's head and bearing the party's seal) and electronic copy of the party’s financial report on property, incomes, expenses and financial obligations for the respective quarter and publish such a report in full on its official website (if any) within the same term. The report shall specify full name and place of residence of a natural person. Other information on the natural person shall not be made public. A template for the party's financial report on the property, incomes, expenses and financial obligations shall be a subject to approval by the National
Agency for Prevention of Corruption based on the requirement of this Law.
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015), art. 17: http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
a . National Electoral Management body d . Other
Comments: The National Agency for Prevention of Corruption
Source: Law of Ukraine on Political Parties in Ukraine(as amended up to 2015): http://www.legislationline.org/documents/id/19912 (2014).
Verified: 2018/06/13
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
a . Single ballot (all registered parties listed) d . Categorical (only one mark allowed) f . Same ballot papers used nationwide g . Different ballots used in different constituencies m . Organized alphabetically n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station official r . Other
Comments: a.) In single-mandate all-state constituency
d.) In single-mandate constituencies
g.) In the same constituency ballots should be printed on the same paper and should be equal in size, colour, content and adhere to the form established by the Central Election Commission.
m.) Ballots for election in single-mandate election constituency.
n.) Names of political parties, electoral blocks of parties as well as the inscription of last names and initials of the first five candidates from every nominated list of candidates shall be inscripted on the ballot in the order established through casting of lots.
r.) An empty square shall be placed to the right of the surname of each candidate. Ballot shall contain explanation on the procedure for completion of the election ballot during voting. Election ballot shall have control check, separated from the ballot by the line for separation.
Source: The Law on Elections of People's Deputies of Ukraine, article 62
Verified: 2009/11/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments: The Parliament is unicameral.
Source: Constitution, article 75
Verified: 2009/11/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
a . Single ballot (all registered parties/candidates listed) d . Categorical (only possible to make one mark) f . Same ballot papers used nation-wide l . No photos or logos, only party and/or candidate names m . Organized alphabetically o . Ballots signed or otherwise authenticated by polling station officials r . Other
Comments: r.) Each election ballot must contain the title and date of elections, the number of the territorial election constituency and the number of the polling station, with the except polling stations which were formed in exceptional cases in accordance with paragraph 7, article 12 of this Law, and a marked space for the signature of the member of the polling station election commission who is to issue the election ballot, as well as space for the stamp of the polling station election commission.
All registered candidates for President of Ukraine, in alphabetical order indicating his surname, first name, patronymic, year of birth, position (occupation), place of work and residence, party affiliation, and nominating entity shall be entered into the election ballot. In the event that a candidate was nominated by a party (bloc), the full name of the party (bloc) shall be indicated. A blank box is to be placed to the right of each candidate's name.
"I do not support any of the candidates for President of Ukraine" shall be indicated on all election ballots beneath the listing of candidates' names, and a blank box is to be placed to the right of this entry.
Each election ballot shall have a control check with a tear-off line to separate it from the rest of the ballot. A control check shall contain the title and date of elections, the number of the territorial election constituency, the number of the polling station besides polling stations which were formed in exceptional cases, as well as marked spaces for indicating the ordinal number of each voter on the list of voters, for the signature of the voter and the signature of the member of the polling station election commission who handed out the ballot.
An election ballot must not contain information about those candidates who withdrew from the election. In the event a candidate withdrew from the election after the ballots had been printed, the Central Election Commission shall adopt a decision regarding the introduction of changes to the election ballot and, if necessary, regarding its reprinting. If changes in the election ballot were made by crossing out the information on the person who had been a candidate, the polling station commission shall notify each voter about this when handing out the election ballot.
Election ballots must be printed on identical paper and be equal in size, color and content, and shall comply with the form established by the Central Election Commission. The ballot shall be printed on one sheet, and its text shall be placed on one side only.
Source: Law on Election of the President of Ukraine, article 40
Verified: 2014/05/23
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments:
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 88: https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
VC005
Question: What procedures are used in the initial count?
Answer(s):
a . Separate ballots for different elections b . Preliminary count of all ballots in ballot box d . Number of ballots in box reconciled against number of voters j . Sorted into piles according to individual party/candidate l . Counted by hand p . Copies of results of the count are publicly posted at the counting site immediately on the completion of the count q . Copies of results are provided to observers
Comments:
Source: The Law on Elections of People's Deputies of Ukraine, article 68(1-34)
Verified: 2009/11/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
c . District level
Comments:
Source: The Law on Elections of People's Deputies of Ukraine, article 71-72
Verified: 2009/11/04
VC007
Question: At what levels are seats allocated?
Answer(s):
c . Regional level (specify whether it is constituency/ province/ state/ department/other) d . National level
Comments: c.) 225 candidates shall be elected in single-mandate electoral constituencies on the basis of of simple majority.
d.) On all-state elections when citizens vote for parties or block of parties, allocation of the seats is the duty of the Central Election Commission, through the electoral quota.
Source: The Law on Elections of People's Deputies of Ukraine, article 73-74
Verified: 2009/11/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
a . Physically transported
Comments: Transportation of the documents shall be responsibility of the Chairperson of the polling station commission or his/her deputy and two other members of the commission, who shall represent different parties, accompanied by a representative of the law enforcement agency.
Source: The Law on Elections of People's Deputies of Ukraine, article 71
Verified: 2009/11/04
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
i . Not applicable
Comments: Question to be deleted
Source:
Verified: 2009/11/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
c . Signatures on sealed envelopes e . Accompanied by election officials f . Accompanied by party representatives
Comments: Transportation of the documents shall be responsibility of the Chairperson of the polling station commission or his/her deputy and two other members of the commission, who shall represent different parties, accompanied by a representative of the law enforcement agency
Source: The Law on Elections of People's Deputies of Ukraine, article 71
Verified: 2009/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
c . Automatically (triggered) recounted under certain conditions d . By request
Comments: Ballots are recounted by request of a candidate, a party or block of parties or electoral officials.
Source: The Law on Elections of People's Deputies of Ukraine (as amended up to 2014), art. 82 (14), 89, 94: http://www.cvk.gov.ua/metod/kultura/npa/zn_pro_vybory_ndu_17042014.doc (2014).
Verified: 2014/10/30
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments: Ballots are not automatically recounted.
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2009/11/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
a . Political parties b . An individual candidate c . Election officials
Comments:
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2009/11/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
a . National Election Management body b . Regional Election Management body c . Local Election Management body
Comments: That election commission is responsible for recounting the ballots to whose activity the request is related.
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2009/11/04
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source: Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
Verified: 2009/11/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments:
Source: The Law on Elections of People's Deputies of Ukraine, article 78
Verified: 2009/11/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
b . days:
Comments: No later than five days after determining election outcomes in multi-mandate and single-mandate constituencies, the Central Election Commission officially makes public deputy election outcomes in newspapers " Holos Ukrainy", "Uriadovy Kurier"
Source: The Law on Elections of People's Deputies of Ukraine, article 78
Verified: 2009/11/04
Media and Elections
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
b . Government owned c . Privately owned
Comments: ad b:
Ukraine at least until the recent change in 2005 is well-known for its either state- or oligarch-controlled broadcasting media, see e.g. the Special Report of the Freedom House (UNDER ASSAULT. UKRAINES NEWS MEDIA AND THE 2004 PRESIDENTIAL ELECTIONS)www.freedomhouse.org
cf. Law on public television and radio broadcasting system, which establishes the legal framework of publicly owned media, but is implemented as it were government owned: http://www.ijnet.org/fe_article/medialaw.asp?uilang=1&cid=25303
ad c: the privately owned media are often strongly influenced by political interests
Source: www.freedomhouse.org/research/nitransit/ukraine2004.pdf
Verified: 2006/11/20
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
b . Government owned c . Privately owned
Comments: ad b:
Ukraine at least until the recent change in 2005 is well-known for its either state- or oligarch-controlled broadcasting media, see e.g. the Special Report of the Freedom House (UNDER ASSAULT. UKRAINES NEWS MEDIA AND THE 2004 PRESIDENTIAL ELECTIONS)www.freedomhouse.org
cf. Law on public television and radio broadcasting system, which establishes the legal framework of publicly owned media, but is implemented as it were government owned: http://www.ijnet.org/fe_article/medialaw.asp?uilang=1&cid=25303
ad c: the privately owned media are often strongly influenced by political interests
Source: www.freedomhouse.org/research/nitransit/ukraine2004.pdf
Verified: 2006/11/20
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
b . Government owned c . Privately owned
Comments: ad b:
Ukraine at least until the recent change in 2005 is well-known for its either state- or oligarch-controlled broadcasting media, see e.g. the Special Report of the Freedom House (UNDER ASSAULT. UKRAINES NEWS MEDIA AND THE 2004 PRESIDENTIAL ELECTIONS)www.freedomhouse.org
cf. Law on public television and radio broadcasting system, which establishes the legal framework of publicly owned media, but is implemented as it were government owned: http://www.ijnet.org/fe_article/medialaw.asp?uilang=1&cid=25303
ad c: the privately owned media are often strongly influenced by political interests
Source: www.freedomhouse.org/research/nitransit/ukraine2004.pdf
http://www.cvu.org.ua/?menu=chronicles&po=doc&lang=eng&date_end=2004-09-20&date_beg=2005-03-19&id=646
Verified: 2006/11/20
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
e . Print media
Comments: Censorship and self-censorship has been - at least until the recent Orange Revolution - present in the whole Ukrainian media.
Source: www.freedomhouse.org/research/nitransit/ukraine2004.pdf
Verified: 2005/04/02
ME016
Question: In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
Answer(s):
d . Public television f . Private television
Comments: Although they are not reliable.
Source: Special Report of the Freedom House (UNDER ASSAULT. UKRAINES NEWS MEDIA AND THE 2004 PRESIDENTIAL ELECTIONS)www.freedomhouse.org
Verified: 2005/04/02
ME017
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
b . Private radio e . Print media
Comments: Censorship and self-censorship has been - at least until the recent Orange Revolution - present in the whole Ukrainian media.
Source: CF. Special Report of the Freedom House (UNDER ASSAULT. UKRAINES NEWS MEDIA AND THE 2004 PRESIDENTIAL ELECTIONS)www.freedomhouse.org
www.freedomhouse.org/research/nitransit/ukraine2004.pdf
Verified: 2006/11/20
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
a . Political parties b . Private companies c . Non governmental organisations e . Government departments f . State owned companies g . Other
Comments: According to Art. 13. of the law on Broadcasting
the right to establish tele-radio organisations in Ukraine belongs to the citizens of Ukraine who are not limited in legal capacity, the Supreme Council of Ukraine, the President of Ukraine and other juridical persons of Ukraine.
D: prohibited
Source: Art. 13. of the law on Broadcasting
Verified: 2006/11/20
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
a . Law b . Secondary legislation (e.g. regulations)
Comments:
Source: Art. 28. of the Law on television and radio broadcasting
Art. 5. of the Law on television and radio broadcasting
Verified: 2006/11/20
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
a . Statutory regulator (e.g. broadcasting licensing body) g . EMB by law or regulations
Comments:
Source: Art. 19. of the law on the Central Election Commission, Art. 5. of the Law on television and radio broadcasting
Verified: 2005/04/02
ME028
Question: What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take?
Answer(s):
d . Not applicable
Comments: The Central Electon Commission has the rigt to launch law enforcement processes by the competent authority:
Art. 13. par.4. of the Law on CEC:
If signs of a committed crime or other infringements of the law are detected in the process of considering issues at the session of the Commission, the Commission shall take a decision to address the respective law enforcement agencies with a request and submit the respective materials to them. The law enforcement agency, to which the mentioned materials have been submitted, shall inform the Commission about the results of the consideration of the request or the measures taken within the terms established by law.
Source: Art. 13. par.4. of the Law on CEC
Verified: 2006/11/20
ME030
Question: What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?
Answer(s):
a . Criminal prosecution c . Other (specify)
Comments: not specified to election candidates:
1. Article 182 of Criminal Code
Violation of personal privacy
The illegal collection, storage, use or dissemination of confidential information about a person without his/her consent, or dissemination of such information in a public speech, publicly demonstrated work, or mass media, shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restraint of liberty for a term of up to three years.
2. civil liability (Art. 7. of Civil Code: reimbursement of material/immaterial damage)
Source: http://www.coe.int/t/e/human_rights/media/5_Documentary_Resources/2_Thematic_documentation/Freedom_of_expression/DH-MM(2003)006%20rev%20Bil%20Legal%20prov%20defamation,%20libel%20&%20insult.asp#TopOfPage
Verified: 2006/11/20
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Free for the party. Costs of the medium are reimbursed from the state budget by the EMB
Source: Art. 53-54. of parliamentary electoral law
Verified: 2006/11/20
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Free for the party. Costs of the medium are reimbursed from the state budget by the EMB
Source: Art. 53-54. of parliamentary electoral law
Verified: 2006/11/20
ME036
Question: Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments: Parties (blocs) shall have the right, at the expense and within the limits of funds which are allocated from the State Budget of Ukraine for the preparation and conduct of elections, to publish their election programs, as submitted by them at the moment of registration of their candidates for deputy, in newspapers "Holos Ukrainy" and "Uriadovy Kurier", the printing patterns of all such publications to be the same and each material to contain not more than seven thousand eight hundred symbols. The agreement on publication of the said materials with the editorial boards of the above newspapers shall be concluded by the Central Election Commission.
Source: Art. 55. of the parliamentary electoral law
Verified: 2006/11/20
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance e . As agreed by special committee
Comments: A party that has registered legislative candidates in the nationwide constituency, as well as a legislative candidate in a single-mandate constituency, shall have the right to use state-owned and municipal mass media on equal conditions, as determined by the Central Election Commission.
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 71 (1)
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Free for the candidate. Costs of the medium are reimbursed from the state budget by the EMB.
Source: Art. 53-54. of parliamentary electoral law
Verified: 2006/11/20
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Free for the candidate. Costs of the medium are reimbursed from the state budget by the EMB.
Source: Art. 53-54. of parliamentary electoral law
Verified: 2006/11/20
ME041
Question: Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments: Not specialised to candidates:
Parties (blocs) shall have the right, at the expense and within the limits of funds which are allocated from the State Budget of Ukraine for the preparation and conduct of elections, to publish their election programs, as submitted by them at the moment of registration of their candidates for deputy, in newspapers "Holos Ukrainy" and "Uriadovy Kurier", the printing patterns of all such publications to be the same and each material to contain not more than seven thousand eight hundred symbols. The agreement on publication of the said materials with the editorial boards of the above newspapers shall be concluded by the Central Election Commission.
Source: Art. 55. of parliamentary electoral law
Verified: 2006/11/20
ME042
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
Answer(s):
a . Equal regardless of size and previous performance
Comments:
Source: Art. 53-55. of the parliamentary electoral law
Verified: 2005/04/02
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments: Free for the candidate. Costs of the medium are reimbursed from the state budget by the EMB
Source: Art. 32-33. and 53-54. of parliamentary electoral law
Verified: 2006/11/20
ME044
Question: Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments: Free for the candidate. Costs of the medium are reimbursed from the state budget by the EMB
Source: Art. 32-33. and 53-54. of parliamentary electoral law
Verified: 2006/11/20
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments: Free for the candidate. Costs of the medium are reimbursed from the state budget by the EMB
Source: Art. 32-33. and 53-54. of parliamentary electoral law
Verified: 2006/11/20
ME046
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments:
Source: Art. 53-55. of parliamentary electoral law
Verified: 2005/04/02
ME047
Question: Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Art. 32. of the presidential electoral law grants free access to state mass media to candidates, costs of the medium are reimbursed by the EMB
Source: Art. 32. of the presidential electoral law
Verified: 2005/04/02
ME048
Question: Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Art. 32. of the presidential electoral law grants free access to state mass media to candidates, costs of the medium are reimbursed by the EMB
Source: Art. 32. of the presidential electoral law
Verified: 2005/04/02
ME049
Question: Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/04/02
ME050
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
Answer(s):
a . Equal regardless of size and previous performance of candidate's party
Comments:
Source: Art. 32. of presidential election law
Verified: 2005/04/02
ME052
Question: Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments: ARTICLE 32. Use of mass media in pre-election campaign publicity.
1. Candidates for President of Ukraine are granted the right to use state mass media free of charge, i.e. they shall be provided with equal and commensurable air time at the national level and within a particular election constituency.
The specific extent and time of radio and television programs allotted for candidates? pre-election campaign advocacy shall be set at the national level by the Central Election Commission, and in territorial election constituencies by territorial election commissions acting in agreement with the managers of appropriate mass media organizations. Television and radio companies are prohibited from interrupting campaign advocacy programs with advertisements of goods, works, and services.
Source: Art. 32. of presidential election law
Verified: 2006/11/20
ME053
Question: Which of the following types of daily and weekly newspapers provide presidential candidates with paid printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments: ARTICLE 32. Use of mass media in pre-election campaign publicity.
2. Candidates for President of Ukraine shall have the right to place, free of charge, the text of their pre-election programs which are to be no more than four printed pages long (7800 printed symbols) and having similar printing layout, in "Holos Ukrainy" and "Uriadovyi Kuryer" newspapers.
The Central Election Commission shall determine the order of publishing pre-election programs of candidates for the President of Ukraine by drawing lots.
3. The Central Election Commission and territorial election commissions shall, at the expense of election campaign funds allocated for conducting from State Budget of Ukraine, pay for the following on the basis of this Law: time on state radio and television, printing of pre-election posters and publishing of pre-election programs of candidates Ukraine in "Holos Ukrainy" and "Uriadovyi Kuryer" newspapers and in oblast publications.
4. Candidates for President of Ukraine have the right to print their pre-election campaign materials in state as well as in non-state printed periodicals on the terms of equal payment for newspaper space. Candidates may also to conduct their own pre-election campaign publicity on state and non-state television and radio channels on the terms of equal payment for air time. Such publicity shall be funded at the expense of and within the limits of candidates? personal election funds.
Source: Art. 32. of presidential election law
Verified: 2006/11/20
ME054
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
Answer(s):
a . Equal regardless of size and previous performance of candidate's party
Comments:
Source: Art. 32. of presidential election law
Verified: 2005/04/02
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections b . Yes, in legislative elections
Comments:
Source: Law on Elections of the President of Ukraine, (last amended in 2019) art. 62:
https://zakon.rada.gov.ua/laws/show/474-14
The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 66 (5):
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
ME061
Question: Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
Answer(s):
a . Person or agency that commissioned the opinion poll c . Characteristics of the sample d . Size of the sample e . Margin of error f . Other
Comments: 7. In any case of promulgation of results of public opinion polls related to the election of deputies, mass media shall make references to the organization that conducted the poll, the time when it was held, the number of respondents, the methods of data collection, the exact wordings of any posed questions and the statistical value of a possible error.
Source: Art. 53. para. 7. of parliamentary electoral law
Verified: 2006/11/20
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
b . 2-3 days
Comments: During the last two days prior to the election day, the publication or dissemination in any other manner of the results of election-related opinion polls, including those pertaining to the parties that are electoral subjects and to legislative candidates, shall be prohibited.
Source: The Law on Elections of People's Deputies of Ukraine (last amended in 2019), art. 67 (3):
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
b . After all polls close
Comments:
Source: Art. 56. para. 19. of the parliamentary electoral law
Verified: 2005/04/02
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
b . Press releases e . Web site g . Other (specify)
Comments: G: The Commission shall run its print organ The Messenger of the Central Election Commission
Source: Art. 4. of the law on the Central Election Commission
Verified: 2005/04/02
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no specific legal provisions regulating this matter.
Source: The Law on Elections of People's Deputies of Ukraine (as amended up to 2014): http://www.cvk.gov.ua/metod/kultura/npa/zn_pro_vybory_ndu_17042014.doc (2014).
Verified: 2014/10/30
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Constitution, art. 38, 69, 72, 73, 74, 156:
Verified: 2019/03/12
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Alterations to the territory of Ukraine shall be resolved exclusively by the All-Ukrainian referendum.
A draft law on making amendments to Title I General Principles, Title III Elections, Referendum, and Title XIII Making Amendments to the Constitution of Ukraine, shall be submitted to the Verkhovna Rada of Ukraine by the President of Ukraine, or by not less than two-thirds of the constitutional membership of the Verkhovna Rada of Ukraine, provided that it is adopted by at least two-thirds of the constitutional members of the Verkhovna Rada of Ukraine, be approved by an All-Ukrainian referendum called by the President of Ukraine.
Source: Constitution, art. 73, 156
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: An All-Ukrainian referendum shall be called by the Verkhovna Rada of Ukraine or by the President of Ukraine.
Source: Constitution, art. 72
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: Article 72. An all -Ukrainian referendum shall be appointed by the Verkhovna Rada of Ukraine or the President of Ukraine in accordance with their powers established by this Constitution.
An all-Ukrainian referendum is proclaimed at the request of at least three million citizens of Ukraine who have the right to vote, provided that the signatures on the referendum appointment are collected in at least two thirds of the regions and not less than one hundred thousand signatures in each oblast.
Source: Constitution, art. 72:
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution:
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution,
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/12
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional b . Specific laws/legislation
Comments: Art. 2 of the act on referenda orders that the procedure of preparation and conduct of All-Ukrainian and local referenda shall be regulated by the Constitution of Ukraine, by this Law, and other legislative acts of Ukraine.The procedure of preparation and conduct of Republican and local Referenda in the Republic of Crimea, on questions relevant to its authority, shall be regulated by this Law and Republic of Crimea legislation.
Cf. art. 13
Source: art.2,13. of law on referenda
Verified: 2005/03/17
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional b . Specific laws/legislation
Comments: Art. 2 of the act on referenda orders that the procedure of preparation and conduct of All-Ukrainian and local referenda shall be regulated by the Constitution of Ukraine, by this Law, and other legislative acts of Ukraine.The procedure of preparation and conduct of Republican and local Referenda in the Republic of Crimea, on questions relevant to its authority, shall be regulated by this Law and Republic of Crimea legislation.
Cf. art. 13
Source: art. 2. 13. of law on referenda
Verified: 2005/03/17
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional b . Specific laws/legislation
Comments: Art. 2 of the act on referenda orders that the procedure of preparation and conduct of All-Ukrainian and local referenda shall be regulated by the Constitution of Ukraine, by this Law, and other legislative acts of Ukraine.The procedure of preparation and conduct of Republican and local Referenda in the Republic of Crimea, on questions relevant to its authority, shall be regulated by this Law and Republic of Crimea legislation.
Cf. art. 13
Source: art. 2., 13. of law on referenda
Verified: 2005/03/17
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
f . Not applicable
Comments: there exists no agenda initiative in Ukraine
Source:
Verified: 2005/03/17
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
c . Requirement for signature collectors to be registered electors e . Other (specify)
Comments: the initiative group must be registered, too.
cf. art. 17 and 18.
The day the initiative group has received the certificate of registration, it has the right to organize and unrestrictedly collect the signatures on forms for citizens signatures demanding the conduct of the referendum (petition forms).
Source: art. 17-8. of law on referenda
Verified: 2005/03/17
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
c . Other (specify)
Comments: the initiative group must check every signature (art. 18.), and the correctness of information in the petition form shall be certified by signatures of two members of the initiative group. Than the signatures of the members of the initiative group in the petition form must be certified by a signature of an official person specially authorized for that by the Chairperson of rayon, city (cities of republican and oblast subordination) Council of peoples' deputies which registered the local referendum initiative group. The petition form may be copied.
During the collection of signatures, the Chairperson of an appropriate Council of peoples' deputies, where signatures of the initiative group members are certified, shall organize the checking of the authenticity of records on petition forms.
In case of an all-Ukrainian referendum the Central Commission shall partially or fully check the authenticity of submitted documents.
Source: art. 18-19-20.
Verified: 2005/03/17
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: the initiative group must check every signature (art. 18.), and the correctness of information in the petition form shall be certified by signatures of two members of the initiative group. Than the signatures of the members of the initiative group in the petition form must be certified by a signature of an official person specially authorized for that by the Chairperson of rayon, city (cities of republican and oblast subordination) Council of peoples' deputies which registered the local referendum initiative group. The petition form may be copied.
During the collection of signatures, the Chairperson of an appropriate Council of peoples' deputies, where signatures of the initiative group members are certified, shall organize the checking of the authenticity of records on petition forms.
In case of an all-Ukrainian referendum the Central Commission shall partially or fully check the authenticity of submitted documents.
Source: art. 18-19-20. of the law on referenda
Verified: 2005/03/17
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: Division Commission on referendum
Source: art. 30. of the law on referenda
Verified: 2005/03/17
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: Division Commission on Referendum.
Source: art. 30. of the law on referenda
Verified: 2005/03/17
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: Division Commission on Referendum.
Source: art. 30 of the law on referenda
Verified: 2005/03/17
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
g . Other(specify)
Comments: ARTICLE 30. Authority of the Division Commission on Referendum.
The Division Commission on referendum:
1. posts the text of the draft law, resolution, submitted to the Referenda, on the premises of the voting station; provides citizens with the possibility to inform them of the time of preparation and conduct of the referendum, and the day of voting;
2. compiles the list of citizens, eligible to participate in the referendum, in the voting division;
3. presents the voter list to the general public, accepts and considers applications regarding errors in the list and resolves questions of making appropriate changes in the list;
4. accepts ballots in closed envelopes and secures the freedom of secret choice of those citizens who have changed their place of domicile in the period between presenting the lists to the general public and the day of the referendum;
5. notifies the citizens of the date of the referendum and of the voting station location;
6. ensures the preparation of premises for voting and ballot boxes;
7. organizes voting in the voting station during the day of the referendum;
8. forms the groups for tabulation of votes, tabulates votes in the voting division;
9. considers and resolves applications and complaints regarding preparation of referendum and organization of voting;
Source: art. 30. of the law on referenda
Verified: 2005/03/17
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
g . Other(specify)
Comments: ARTICLE 30. Authority of the Division Commission on Referendum.
The Division Commission on referendum:
1. posts the text of the draft law, resolution, submitted to the Referenda, on the premises of the voting station; provides citizens with the possibility to inform them of the time of preparation and conduct of the referendum, and the day of voting;
2. compiles the list of citizens, eligible to participate in the referendum, in the voting division;
3. presents the voter list to the general public, accepts and considers applications regarding errors in the list and resolves questions of making appropriate changes in the list;
4. accepts ballots in closed envelopes and secures the freedom of secret choice of those citizens who have changed their place of domicile in the period between presenting the lists to the general public and the day of the referendum;
5. notifies the citizens of the date of the referendum and of the voting station location;
6. ensures the preparation of premises for voting and ballot boxes;
7. organizes voting in the voting station during the day of the referendum;
8. forms the groups for tabulation of votes, tabulates votes in the voting division;
9. considers and resolves applications and complaints regarding preparation of referendum and organization of voting;
Source: art. 30. of the law on referenda
Verified: 2005/03/17
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
h . None
Comments:
Source:
Verified: 2005/03/17
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
g . None
Comments:
Source:
Verified: 2005/03/17
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
g . None
Comments:
Source:
Verified: 2005/03/17
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
g . None
Comments:
Source:
Verified: 2005/03/17
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
c . All campaign organisations e . Other (specify)
Comments: Citizens, political parties, public organizations, mass movements, and labor collectives shall have the right to free campaign publicity "for" a proposal to declare the Referenda, to adopt a law or other decision submitted for referendum, as well as against proposals to declare the referendum, to adopt a law or a decision.
To implement this right, the interested persons and organizations shall be provided with premises for meetings, ensured with the possibility to use mass media. The draft of a law or decisions submitted to referendum shall be discussed within boundaries of Ukraine or the administrative and territorial unit, where the referendum shall be conducted.
Source: art. 8. of the law on referenda
Verified: 2005/03/17
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
c . All campaign organisations e . Other (specify)
Comments: Citizens, political parties, public organizations, mass movements, and labor collectives shall have the right to free campaign publicity "for" a proposal to declare the Referenda, to adopt a law or other decision submitted for referendum, as well as against proposals to declare the referendum, to adopt a law or a decision.
To implement this right, the interested persons and organizations shall be provided with premises for meetings, ensured with the possibility to use mass media. The draft of a law or decisions submitted to referendum shall be discussed within boundaries of Ukraine or the administrative and territorial unit, where the referendum shall be conducted.
Source: art. 8. of the law on referenda
Verified: 2005/03/17
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
b . Specific laws/legislation
Comments:
Source: art. 2., 13. of law on referenda
Verified: 2005/03/17
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
c . All campaign organisations e . Other (specify)
Comments: Citizens, political parties, public organizations, mass movements, and labor collectives shall have the right to free campaign publicity "for" a proposal to declare the Referenda, to adopt a law or other decision submitted for referendum, as well as against proposals to declare the referendum, to adopt a law or a decision.
To implement this right, the interested persons and organizations shall be provided with premises for meetings, ensured with the possibility to use mass media. The draft of a law or decisions submitted to referendum shall be discussed within boundaries of Ukraine or the administrative and territorial unit, where the referendum shall be conducted.
Source: art. 8 of the law on referenda
Verified: 2005/03/17
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
b . Free media access
Comments: Citizens, political parties, public organizations, mass movements, and labor collectives shall have the right to free campaign publicity "for" a proposal to declare the Referenda, to adopt a law or other decision submitted for referendum, as well as against proposals to declare the referendum, to adopt a law or a decision.
To implement this right, the interested persons and organizations shall be provided with premises for meetings, ensured with the possibility to use mass media. The draft of a law or decisions submitted to referendum shall be discussed within boundaries of Ukraine or the administrative and territorial unit, where the referendum shall be conducted.
Source: art. 8 of the law on referenda
Verified: 2005/03/17
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
b . Free media access
Comments: Citizens, political parties, public organizations, mass movements, and labor collectives shall have the right to free campaign publicity "for" a proposal to declare the Referenda, to adopt a law or other decision submitted for referendum, as well as against proposals to declare the referendum, to adopt a law or a decision.
To implement this right, the interested persons and organizations shall be provided with premises for meetings, ensured with the possibility to use mass media. The draft of a law or decisions submitted to referendum shall be discussed within boundaries of Ukraine or the administrative and territorial unit, where the referendum shall be conducted.
Source: art. 8 of the law on referenda
Verified: 2005/03/17
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
b . Free media access
Comments: Citizens, political parties, public organizations, mass movements, and labor collectives shall have the right to free campaign publicity "for" a proposal to declare the Referenda, to adopt a law or other decision submitted for referendum, as well as against proposals to declare the referendum, to adopt a law or a decision.
To implement this right, the interested persons and organizations shall be provided with premises for meetings, ensured with the possibility to use mass media. The draft of a law or decisions submitted to referendum shall be discussed within boundaries of Ukraine or the administrative and territorial unit, where the referendum shall be conducted.
Source: art. 8 of the law on referenda
Verified: 2005/03/17
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
a . Government (specify department) b . Independent electoral commission
Comments: Law on referenda:
Art. 11.
The procedure of preparation and conduct of Referenda is determined by the Cabinet of Ministries of Ukraine and by the appropriate local Councils of peoples' deputies.
Art. 24.
For the purpose of the preparation and conduct of the All- Ukrainian referendum the following commissions shall be formed:
Central Commission on All-Ukrainian referendum;
Commission of the Republic of Crimea on All-Ukrainian referendum;
Oblast, rayon, city, city rayon, settlement, and village commissions on referendum;
Division commissions on referendum.
Before the Central Commission on All-Ukrainian referendum is formed, its functions shall be executed by the Central Electoral Commission on the elections of peoples' deputies of Ukraine.
Cf. art. 15. of Law on referenda too: The collection of signatures shall be organized and conducted by the initiative groups of the referendum.
Source: ww.legislationline.org
Verified: 2005/03/17
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
a . Constitutional amendments i . Other public policy issues
Comments: i: altering the territory.
Art. 156. of the Constitution declares, that a draft law on introducing amendments to Chapter I "General Principles," Chapter III "Elections. Referendum," and Chapter XIII "Introducing Amendments to the Constitution of Ukraine," is submitted to the Verkhovna Rada of Ukraine by the President of Ukraine, or by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine, and on the condition that it is adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine, and is approved by an All-Ukrainian referendum designated by the President of Ukraine. The repeat submission of a draft law on introducing amendments to Chapters I, III and XIII of this Constitution on one and the same issue is possible only to the Verkhovna Rada of Ukraine of the next convocation.
Art. 73. Altering the territory of Ukraine
Source: art. 156, 73 of constitution
Verified: 2005/03/17
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
a . Constitutional amendments i . Other public policy issues
Comments: Art. 3. of the Law on referenda:
Subject - Matter of All-Ukrainian Referendum.
The subject-matter of All-Ukrainian referendum can be:
confirmation of the Constitution of Ukraine, its separate provisions, as well as introduction of changes and amendments to the Constitution of Ukraine;
adoption, change or cancellation of Laws of Ukraine or their separate provisions;
adoption of decisions which determine the principal content of the Constitution of Ukraine, Laws of Ukraine, and other legislative Acts.
Art. 72. of the Constitution
An All-Ukrainian referendum is called on popular initiative on the request of no less than three million citizens of Ukraine who have the right to vote, on the condition that the signatures in favour of designating the referendum have been collected in no less than two-thirds of the oblasts, with no less than 100 000 signatures in each oblast.
Source: art. 3. of law on referenda, art.72 of constitution
Verified: 2005/03/17
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
a . Constitutional amendments h . Taxes and public expenditure commitments j . Other (specify)
Comments: explicitly: Art. 74 of the Constitution (taxes, budget, amnesty)
Indirectly: art. 155. A draft law on introducing amendments to the Constitution of Ukraine, with the exception of Chapter I "General Principles," Chapter III "Elections. Referendum," and Chapter XIII "Introducing Amendments to the Constitution of Ukraine," previously adopted by the majority of the constitutional composition of the Verkhovna Rada of Ukraine, is deemed to be adopted, if at the next regular session of the Verkhovna Rada of Ukraine, no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine have voted in favour thereof.
Art. 5-6. of the Law on referenda:
Questions attributed by legislation of Ukraine to a Court or Prosecutor's jurisdiction shall be not submitted to All-Ukrainian referendum, amnesty and pardon questions, as well as questions of extraordinary and urgent steps taken by State bodies of Ukraine to protect public order, health and security of citizens also may not be submitted to All-Ukrainian referendum;
questions related to the election, appointment and exemption of officials under the jurisdiction of the Verkhovna Rada, the President and Cabinet of Ministries of Ukraine shall not be submitted to the mentioned referendum as well.
Questions on disaffirmation of higher state and self-government bodies' legal resolutions; questions attributed to the jurisdiction of a Court or Prosecutor's office; questions related to election, appointment, and exception of officials under the jurisdiction of an appropriate local Council of peoples' deputies, and their executive, as well as administrative bodies may not be submitted to local referendum.
Art. 6-1. Restrictions for Conduct of Referenda.
Referenda on questions, not attributed to the Republic of Crimea, as well as local and regional self-governance bodies of administrative and territorial units' jurisdiction, are not allowed in Ukraine. The results of such referenda shall be considered as legally invalid.
Source: Art. 74, 155. of the Constitution
Art. 5-6. of the Law on referenda
Verified: 2005/03/17
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
a . Devolution b . Creation/merger/abolition of sub-national authorities c . Other public policy issues d . Other (specify)
Comments: Art. 6 of the Law on referenda
Other:
-Questions attributed by legislation of Ukraine to local self-government jurisdiction of appropriate administrative and territorial unites, as well as questions on pre-term termination of appropriate Council of Peoples' deputies and its Chairperson's authorities may be submitted to local referendum.
-The following questions within appropriate administrative and territorial units may be resolved exclusively by local Referenda: name and renameing of village Councils, settlement towns, rayons and regions (oblasts); merging in a simple unit of administrative and territorial units of the same, which have a common administrative center; alteration of local self-government's base level in rural districts (rayons), the questions of the reorganisation or liquidation of community-owned pre-school educational establishments, as well as pre-school educational establishments set up by the former agricultural collective and state-owned farms.
-Questions on disaffirmation of higher state and self-government bodies' legal resolutions; questions attributed to the jurisdiction of a Court or Prosecutor's office; questions related to election, appointment, and exception of officials under the jurisdiction of an appropriate local Council of peoples' deputies, and their executive, as well as administrative bodies may not be submitted to local referendum
Source: Art. 6 of the Law on referenda
Verified: 2005/03/17
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
c . President d . Legislative majority e . Registered electors f . Other (specify)
Comments: to D: no less than one-half of all peoples' deputies of Ukraine, or peoples' deputies of a local council (Art. 13.)
Art. 15-16. initiative groups:
Art. 15. Realization of Citizens' of Ukraine Right to Demand Referenda.
The right to initiate the collection of the signatures in favor of demand to conduct an All-Ukrainian referendum shall belong to the citizens of Ukraine, eligible to participate in a referendum, and the demand to call a local referendum - shall belong to the citizens of Ukraine, who permanently reside in the territory of an appropriate administrative and territorial unit, and who are eligible to participate in a referendum. The collection of signatures shall be organized and conducted by the initiative groups of the referendum, formed according to this Law.
Art. 13 of the Law on referenda, Art. 72. para. 1 constitution
Source: Art. 13,15, 16. of the Law on referenda, Art. 72. para. 1 constitution
Verified: 2005/03/17
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
f . Other (specify who)
Comments: Referendum Initiative Group, art. 16 of the Law on referenda
Source: art. 16 of the Law on referenda
Verified: 2005/03/17
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
f . Other (specify who)
Comments: Referendum Initiative Group, art. 16 of the Law on referenda
Source: art. 16 of the Law on referenda
Verified: 2005/03/17
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments:
Source:
Verified: 2005/03/17
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments:
Source:
Verified: 2005/03/17
DD042
Question: In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
Answer(s):
b . Residence
Comments: cf. ARTICLE 2. of the The Law of Ukraine
"On Elections of Peoples Deputies of Ukraine" and of the presidential elction act:
General suffrage.
1. Elections of the President of Ukraine shall be universal: citizens of Ukraine who are 18 years of age on election day shall have the right to vote.
and
ARTICLE 7. of the law on referenda
Principles of Citizens' Participation in Referenda.
Citizens of Ukraine, who are 18 years of age on referendum day and who have their permanent residence in a territory of Ukraine or appropriate region, district, city, city district, settlement, and village Council, have the right to participate in All-Ukrainian and local referenda.
Source: ARTICLE 2. of The Law of Ukraine´"On Elections of Peoples Deputies of Ukraine" and of the presidential elction act
ARTICLE 7. of the law on referenda
Verified: 2005/03/17
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
a . Constitutional amendments b . Legislative proposals c . Other (specify)
Comments: Art. 5-6. of the Law on referenda
- right to self-determination and joining federative or confederative state formations, as well as leaving them may
- Questions attributed by legislation of Ukraine to local self-government jurisdiction of appropriate administrative and territorial unites, as well as questions on pre-term termination of appropriate Council of Peoples' deputies and its Chairperson's authorities may be submitted to local referendum.
The following questions within appropriate administrative and territorial units may be resolved exclusively by local Referenda: name and renameing of village Councils, settlement towns, rayons and regions (oblasts); merging in a simple unit of administrative and territorial units of the same, which have a common administrative center; alteration of local self-government's base level in rural districts (rayons), the questions of the reorganisation or liquidation of community-owned pre-school educational establishments, as well as pre-school educational establishments set up by the former agricultural collective and state-owned farms.
Source: Art. 5-6. of the Law on referenda
Verified: 2005/03/17
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
a . Constitutional amendments h . Taxes and public expenditure commitments i . Other public policy issues j . Other (specify)
Comments: explicitly: Art. 74 of the Constitution (taxes, budget, amnesty)
Indirectly: art. 155. A draft law on introducing amendments to the Constitution of Ukraine, with the exception of Chapter I "General Principles," Chapter III "Elections. Referendum," and Chapter XIII "Introducing Amendments to the Constitution of Ukraine," previously adopted by the majority of the constitutional composition of the Verkhovna Rada of Ukraine, is deemed to be adopted, if at the next regular session of the Verkhovna Rada of Ukraine, no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine have voted in favour thereof.
Art. 5-6. of the Law on referenda:
Questions attributed by legislation of Ukraine to a Court or Prosecutor's jurisdiction shall be not submitted to All-Ukrainian referendum, amnesty and pardon questions, as well as questions of extraordinary and urgent steps taken by State bodies of Ukraine to protect public order, health and security of citizens also may not be submitted to All-Ukrainian referendum;
questions related to the election, appointment and exemption of officials under the jurisdiction of the Verkhovna Rada, the President and Cabinet of Ministries of Ukraine shall not be submitted to the mentioned referendum as well.
Questions on disaffirmation of higher state and self-government bodies' legal resolutions; questions attributed to the jurisdiction of a Court or Prosecutor's office; questions related to election, appointment, and exception of officials under the jurisdiction of an appropriate local Council of peoples' deputies, and their executive, as well as administrative bodies may not be submitted to local referendum.
Art. 6-1. Restrictions for Conduct of Referenda.
Referenda on questions, not attributed to the Republic of Crimea, as well as local and regional self-governance bodies of administrative and territorial units' jurisdiction, are not allowed in Ukraine. The results of such referenda shall be considered as legally invalid.
Source: Art. 74, 155 of the Constitution
Art. 5-6. of the Law on referenda
Verified: 2005/03/17
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
a . A number of individuals b . Registered committee/organisation
Comments: Art. 16. Formation of Referenda Initiative Groups.
The All-Ukrainian referendum initiative group shall be formed by citizens of Ukraine meeting, if no less than 200 persons, with the right to take part in a referendum, participate in it.
The region (oblast), city (cities of republican or oblast subordination), rayon and city rayon referendum initiative group shall be formed by citizens of Ukraine meeting, if no less than 200 citizens, and the city (cities of rayon subordination), settlement, and village referendum initiative group - by meetings, if no less than 50 citizens of Ukraine, eligible to participate in a referendum, and who permanently reside in the appropriate territory.
Source: Art. 16. of law on referenda
Verified: 2005/03/17
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
b . General explanation of purpose c . Full proposed text d . Other (specify)
Comments: Art. 16.
Before the beginning of the meeting [of the initiative group] its participants shall be registered, and the list of the participants, which includes then surname, patronymic, and address shall be compiled.
A Chairperson and a Secretary of the meeting shall be elected by its participants. The further agenda of the meeting must contain a discussion of both the advisability to conduct a referendum, and a draft of the question proposed to be submitted to it.
In case the proposal to conduct a referendum, and a wording of the question proposed to be submitted to this referendum, shall be supported, the initiative group entrusted with collection of citizens signatures, shall be elected.
The All-Ukrainian referendum initiative group shall consist of no less than 20 citizens of Ukraine, who have the right to participate in a referendum. The local referendum initiative group shall consist of no less than 10 citizens of Ukraine, who have the right to participate in a referendum and permanently reside in the territory of an appropriate administrative and territorial unit.
Minutes of the meeting shall be compiled which must include information on results of voting of all agenda items.
Meeting documents - participants list, minutes of the meeting, and the exact wording of the question proposed to be submitted to a referendum, as well as the list of an initiative group, which includes dates of documents to establish their identities, shall be certified be the signatures of the Chairperson and the Secretary of the meeting.
To Other: participants list, minutes of the meeting
Source: art. 16. of law on referenda
Verified: 2005/03/17
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
a . Proponents of the initiative
Comments:
Source:
Verified: 2005/03/17
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/17
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
f . Other (specify who)
Comments: Citizens, political parties, public organizations, mass movements, and labor collectives shall have the right to free campaign publicity "for" a proposal to declare the Referenda, to adopt a law or other decision submitted for referendum, as well as against proposals to declare the referendum, to adopt a law or a decision.
Source: art. 8 of law on referenda
Verified: 2005/03/17
DD063
Question: Who decides the final ballot text?
Answer(s):
a . Proponents of the initiative
Comments: But the legislature discuss the whole material of the initiative groups, and in case of violation of the law can reject it.
Source: art. 21. of the law on referenda
Verified: 2005/03/17
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
a . Members of the national legislature b . President e . Members of provincial / local legislature bodies j . Other (specify)
Comments: to a, e and j: national legislature, not its members
ARTICLE 13. Calling of Referenda on Citizens of Ukraine and People Deputies' demand.
The Verkhovna Rada of Ukraine shall call All-Ukrainian referendum
...on questions of pre-termination of the Verkhovna Rada and the President of Ukraine, in case it shall be demanded by not less than three million of citizens of Ukraine, who have the right to participate in a referendum;
2)...The local council of the peoples' deputies shall also call a local referendum if not less than one-half of the total number of Council peoples' deputies demand or if the demand is signed by ten percent of the citizens of Ukraine, who permanently reside in the territory of appropriate administrative and territorial unit, and who have the right to participate in the referendum.
Art. 6. Questions Submitted to Local Referenda.
Questions attributed by legislation of Ukraine to local self-government jurisdiction of appropriate administrative and territorial unites, as well as questions on pre-term termination of appropriate Council of Peoples' deputies and its Chairperson's authorities may be submitted to local referendum.
Source: art. 6. and 13. of law on referenda
Verified: 2005/03/17
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
a . Signatories must be registered
Comments: Art. 18. of the Law on referenda
Every petition form must have a name, the ordinal number of the initiative group, the ordinal number of the petition form, as well as the wording of the question, suggested to submit to referendum. A sample of the petition forms of all-Ukrainian and local referenda shall be approved by the Central Commission on all-Ukrainian referendum.
Members of the initiative group must notify the citizens of Ukraine that they may sign only one petition form with a given demand to conduct the referendum.
The citizen of Ukraine, who supports the demand to conduct the referendum, shall place his signature on the petition form, indicating at the same time his surname, name, patronymic and the date of the signature. According to documents of the citizen, the member of the initiative group shall indicate in the petition form the date of his birth and place of permanent residence.
If a document to establish the identity of a citizen is absent, his signature is deemed void and shall not be counted. When the petition form is completed, the total number of citizens' signatures shall be counted. The correctness of information in the petition form shall be certified by signatures of two members of the initiative group.
During 10 days after the last day the citizens' signatures were placed in the petition form, and no later than the fixed term designated to collect signatures under the given demand to conduct a referendum, the signatures of the members of the initiative group in the petition form must be certified by a signature of an official person specially authorized for that by the Chairperson of rayon, city (cities of republican and oblast subordination) Council of peoples' deputies which registered the local referendum initiative group. The petition form may be copied.
Source: Art. 18. of the Law on referenda
Verified: 2005/03/17
DD081
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
Answer(s):
a . Signatories must be registered
Comments: Art. 18. of the Law on referenda
Every petition form must have a name, the ordinal number of the initiative group, the ordinal number of the petition form, as well as the wording of the question, suggested to submit to referendum. A sample of the petition forms of all-Ukrainian and local referenda shall be approved by the Central Commission on all-Ukrainian referendum.
Members of the initiative group must notify the citizens of Ukraine that they may sign only one petition form with a given demand to conduct the referendum.
The citizen of Ukraine, who supports the demand to conduct the referendum, shall place his signature on the petition form, indicating at the same time his surname, name, patronymic and the date of the signature. According to documents of the citizen, the member of the initiative group shall indicate in the petition form the date of his birth and place of permanent residence.
If a document to establish the identity of a citizen is absent, his signature is deemed void and shall not be counted. When the petition form is completed, the total number of citizens' signatures shall be counted. The correctness of information in the petition form shall be certified by signatures of two members of the initiative group.
During 10 days after the last day the citizens' signatures were placed in the petition form, and no later than the fixed term designated to collect signatures under the given demand to conduct a referendum, the signatures of the members of the initiative group in the petition form must be certified by a signature of an official person specially authorized for that by the Chairperson of rayon, city (cities of republican and oblast subordination) Council of peoples' deputies which registered the local referendum initiative group. The petition form may be copied.
Source: Art. 18. of the Law on referenda
Verified: 2005/03/17
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
a . Signatories must be registered
Comments: Art. 18. of the Law on referenda
Every petition form must have a name, the ordinal number of the initiative group, the ordinal number of the petition form, as well as the wording of the question, suggested to submit to referendum. A sample of the petition forms of all-Ukrainian and local referenda shall be approved by the Central Commission on all-Ukrainian referendum.
Members of the initiative group must notify the citizens of Ukraine that they may sign only one petition form with a given demand to conduct the referendum.
The citizen of Ukraine, who supports the demand to conduct the referendum, shall place his signature on the petition form, indicating at the same time his surname, name, patronymic and the date of the signature. According to documents of the citizen, the member of the initiative group shall indicate in the petition form the date of his birth and place of permanent residence.
If a document to establish the identity of a citizen is absent, his signature is deemed void and shall not be counted. When the petition form is completed, the total number of citizens' signatures shall be counted. The correctness of information in the petition form shall be certified by signatures of two members of the initiative group.
During 10 days after the last day the citizens' signatures were placed in the petition form, and no later than the fixed term designated to collect signatures under the given demand to conduct a referendum, the signatures of the members of the initiative group in the petition form must be certified by a signature of an official person specially authorized for that by the Chairperson of rayon, city (cities of republican and oblast subordination) Council of peoples' deputies which registered the local referendum initiative group. The petition form may be copied.
Source: Art. 18. of the Law on referenda
Verified: 2005/03/17
DD083
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD087
Question: Where can proposals for an abrogative referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD088
Question: Where can proposals for a rejective referendum (optional) be signed?
Answer(s):
a . Anywhere
Comments:
Source:
Verified: 2005/03/17
DD089
Question: Where can proposals for a citizens' initiative be signed?
Answer(s):
a . Anywhere
Comments:
Source:
Verified: 2005/03/17
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/17
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
a . Anywhere
Comments:
Source:
Verified: 2005/03/17
DD092
Question: What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
Answer(s):
c . Other (specify)
Comments: The citizen of Ukraine, who supports the demand to conduct the referendum, shall place his signature on the petition form, indicating at the same time his surname, name, patronymic and the date of the signature. According to documents of the citizen, the member of the initiative group shall indicate in the petition form the date of his birth and place of permanent residence.
If a document to establish the identity of a citizen is absent, his signature is deemed void and shall not be counted. When the petition form is completed, the total number of citizens' signatures shall be counted. The correctness of information in the petition form shall be certified by signatures of two members of the initiative group.
Source: art. 18. of law on referenda
Verified: 2005/03/17
DD093
Question: What information must signatories provide when signing the proposal for a rejective referendum (optional)?
Answer(s):
c . Other (specify)
Comments: The citizen of Ukraine, who supports the demand to conduct the referendum, shall place his signature on the petition form, indicating at the same time his surname, name, patronymic and the date of the signature. According to documents of the citizen, the member of the initiative group shall indicate in the petition form the date of his birth and place of permanent residence.
If a document to establish the identity of a citizen is absent, his signature is deemed void and shall not be counted. When the petition form is completed, the total number of citizens' signatures shall be counted. The correctness of information in the petition form shall be certified by signatures of two members of the initiative group.
Source: art. 18. of law on referenda
Verified: 2005/03/17
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
c . Other (specify)
Comments: The citizen of Ukraine, who supports the demand to conduct the referendum, shall place his signature on the petition form, indicating at the same time his surname, name, patronymic and the date of the signature. According to documents of the citizen, the member of the initiative group shall indicate in the petition form the date of his birth and place of permanent residence.
If a document to establish the identity of a citizen is absent, his signature is deemed void and shall not be counted. When the petition form is completed, the total number of citizens' signatures shall be counted. The correctness of information in the petition form shall be certified by signatures of two members of the initiative group.
Source: art. 18. of law on referenda
Verified: 2005/03/17
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments: there is no agenda initiative in Ukraine
Source:
Verified: 2005/03/17
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
c . Other (specify)
Comments: The citizen of Ukraine, who supports the demand to conduct the referendum, shall place his signature on the petition form, indicating at the same time his surname, name, patronymic and the date of the signature. According to documents of the citizen, the member of the initiative group shall indicate in the petition form the date of his birth and place of permanent residence.
If a document to establish the identity of a citizen is absent, his signature is deemed void and shall not be counted. When the petition form is completed, the total number of citizens' signatures shall be counted. The correctness of information in the petition form shall be certified by signatures of two members of the initiative group.
Source: art. 18. of law on referenda
Verified: 2005/03/17
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
c . Requirement for signature collectors to be registered electors e . Other (specify)
Comments: the initiative group must be registered, too.
cf. art. 17 and 18.
The day the initiative group has received the certificate of registration, it has the right to organize and unrestrictedly collect the signatures on forms for citizens signatures demanding the conduct of the referendum (petition forms).
Source: art.17-18. of law on referenda
Verified: 2005/03/17
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
c . Requirement for signature collectors to be registered electors e . Other (specify)
Comments: the initiative group must be registered, too.
cf. art. 17 and 18.
The day the initiative group has received the certificate of registration, it has the right to organize and unrestrictedly collect the signatures on forms for citizens signatures demanding the conduct of the referendum (petition forms).
Source: art. 17-18. of law on referenda
Verified: 2005/03/17
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
c . Requirement for signature collectors to be registered electors e . Other (specify)
Comments: the initiative group must be registered, too.
cf. art. 17 and 18.
The day the initiative group has received the certificate of registration, it has the right to organize and unrestrictedly collect the signatures on forms for citizens signatures demanding the conduct of the referendum (petition forms).
Source: art. 17-8. of law on referenda
Verified: 2005/03/17
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: Constitution, (last amended in 2016) art. 72, 73, 156:
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/12
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: A referendum shall not be permitted with regard to draft laws on taxation, budgetary or amnesty issues.
Source: Constitution, (last amended in 2016) art. 72, 73, 74, 156:
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/12
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Territorial communities of a village, settlement, and city, directly or through the local self-government bodies established by them, shall ensure holding of local referendums and implementation of their results.
Source: Constitution, (latest amended 2016) art. 38, 143:
https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80
Verified: 2019/03/12
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
h . No information available
Comments:
Source:
Verified: 2009/08/24
DD133
Question: What year was the first referendum/initiative held?
Answer:
f . 1981-2000
Comments: 1991
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2009/08/24
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations
Comments: a.) Voting is conducted in specially allocated premises equipped with an adequate number of booths for secret voting and with designated places for issuing election ballots
e.) A voter who can not come to the premises for voting due to health reasons shall submit a request to the election commission. According to this request the election commission sends a commission of 3 people to the voter.
Source: The Law on Elections of People's Deputies of Ukraine (latest amended in 2019), art. 3 (2), 20, 21:
https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff
Comments: Personnel of the diplomatic mission, representative officers and member of their families as well as other citizens of Ukraine who reside or stay on the territory of respective foreign country can vote abroad.
Source: The Law on Elections of People's Deputies of Ukraine (latest amended in 2019), art. 2 (10): https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates f . Other
Comments: Voters can vote at the polling stations formed at the diplomatic missions and other official representations and consular offices of Ukraine.
Source: The Law on Elections of People's Deputies of Ukraine (latest amended in 2019), art. 22: https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2019/03/12
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
f . Not applicable
Comments: Voting in advance is not allowed.
Source: The Law on Elections of People's Deputies of Ukraine, article 66(1)<
Verified: 2014/05/23
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
g . Not applicable
Comments: Voting in advance is not allowed.
Source: The Law on Elections of People's Deputies of Ukraine, article 66(1)
Verified: 2014/05/23
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: The Law on Elections of People's Deputies of Ukraine (latest amended in 2019), art. 85 (8): https://zakon.rada.gov.ua/laws/show/en/4061-17
Verified: 2014/10/30
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