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1 LAW of UKRAINE on Elections of Members of the Verkhovna Rada Of LAW OF UKRAINE On Elections of Members of the Verkhovna Rada of the Autonomous Republic of Crimea, Local Councils and Village, Settlement, city Mayors { as amended pursuant to the Law N 2491-VI ( 2491-17 ) dd. 30.08.2010 } This Law defines the fundamental principles, organization and procedures for the conduct of elections of Members of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, raion, city, city raions, village and settlement councils (hereinafter referred to as local council deputies) and village, settlement, city mayors. Section I. GENERAL PROVISIONS Article 1. Legislation on Elections of Local Council Deputies and Village, Settlement, city Mayors 1. Organization and procedure for the conduct of elections of Members of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils and village, settlement, city mayors (hereinafter – the local elections) are regulated by the Constitution of Ukraine ( 254к/96-ВР ), this Law and other Laws of Ukraine as well as other legislative acts that were adopted on the basis of such Laws. Article 2. Fundamental Principles of Local Elections 1. Local elections are free and held on the basis of universal, equal and direct suffrage by secret voting as guaranteed by the Constitution of Ukraine ( 254к/96-ВР ) and this Law. 2. Elections of the deputies of village and settlement councils are held on the basis of a majoritarian system with a simple majority in single mandate election districts into which the territory of a respective village (several villages whose citizens united voluntary into a village community) or a settlement is divided. 3. Election of Members of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, raion, city, and city raion councils are based on a mixed (majoritarian-proportional) system when: 1) one half (of the total number) of the local council deputies of a respective council is elected using the electoral lists of candidates for local councils deputies nominated by the local chapters of political parties in a multiple mandate election district, the boundaries of which coincide with the boundaries of the Autonomous Republic of Crimea, oblast, raion, city or city raion, respectively; 2) one half (of the total number) of the local council deputies of a respective council is elected on the basis of a majoritarian system with a simple majority in single mandate election districts (hereinafter – the single mandate majoritarian election districts), into which the territory of the Autonomous Republic of Crimea, oblast, raion, city or city raion, respectively, is divided. 4. Village, settlement, city mayors are elected on the basis of a majoritarian system with a simple majority in single mandate election districts, the boundaries of which coincide with the boundaries of a village (several villages whose citizens united voluntary into a village community), a settlement or a city according to the current administrative territorial system. 5. Participation of Ukrainian citizens in local elections is voluntary. No one can be forced to participate or not to participate in elections. Article 3. Universal Suffrage 1. The right to vote at the elections of deputies of village, settlement, city councils, and village, settlement, city mayors may be exercised by legally capable citizens of Ukraine who are members of respective territorial communities and have attained the age of eighteen years as of the election day. The right to vote at the elections of deputies of raion and oblast councils may be exercised by citizens of Ukraine who are members of respective territorial communities within the raion or oblast and have attained the age of eighteen years as of the election day. The right to vote at the elections of deputies of city raion councils may be exercised by citizens of Ukraine who are members of respective territorial communities of respective cities whose place of residence is registered within the respective city raion and who have attained the age of eighteen years as of the election day { Paragraph 3 Part 1 Article 3 as amended pursuant to the Law N 2491-VI ( 2491-17 ) dd. 30.08.2010 } The right to vote at the elections of Members of the Verkhovna Rada of the Autonomous Republic of Crimea may be exercised by citizens of Ukraine whose place of residence is registered within the boundaries of the Autonomous Republic of Crimea and who have attained the age of eighteen years as of the election day. { Paragraph 4 Part 1 Article 3 as amended pursuant to the Law N 2491-VI ( 2491-17 ) dd. 30.08.2010 } Ukrainian citizens who have a right to vote at the respective local elections are voters. 2. A document evidencing the voter’s identity, Ukrainian citizenship and the place of residence at the local election is: 1 1) a passport of the Ukrainian citizen; 2) a temporary ID of the Ukrainian citizen (for the persons who were recently granted the status of a Ukrainian citizen). 3. The citizen’s belonging to a respective territorial community is defined as his place of residence in the territory thereof according to the Law of Ukraine “On Freedom of Movement and Freedom of Choosing a Place of Residence in Ukraine” ( 1382-15 ). 4. Voters have a right to participate in activities of election commissions as members thereof, in election campaigns, election observation and other activities related to organization and conduct of elections, which they exercise in accordance with the procedure provided for in this Law and other Laws of Ukraine. 5. Any direct or indirect privileges or restrictions related to the Ukrainian citizens’ electoral rights and based on race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language or other features are prohibited. The restrictions related to participation of Ukrainian citizens in the election process except for those envisaged by the Constitution of Ukraine ( 254к/96-ВР ) and this Law are disallowed. 6. Military service conscripts, Ukrainian citizens residing abroad, persons recognized legally incapable by a court, and Ukrainian citizens serving their sentence in detention institutions are deemed as not belonging to any territorial community and have to right to vote at the local elections. Article 4. Equal Suffrage 1. Local elections are equal. Ukrainian citizens participate in the respective local elections on an equal basis. 2. Every voter at the elections of Members of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, raion, city, and city raion councils in which he/she participates has one vote in a multiple mandate election district and one vote in a single mandate majoritarian district at the elections of respective council deputies. Every voter at the elections of deputies of village and settlement councils in which he/she participates has one vote in a single mandate majoritarian election district at the elections of respective village and settlement council deputies. Every voter at the elections of village, settlement, city mayors in which he/she participates has one vote in the respective national single mandate election district. A voter may use his/her vote at the respective local elections only in one precinct, in which he/she is included in a voter list. 3. Equal rights and opportunities for participation in the election process are ensured through: 1) prohibition of privileges or restrictions for deputy candidates, candidates for the position of village, settlement, city mayors based on race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language or other features; 2) prohibition of interference of the state authorities, government bodies of the Autonomous Republic of Crimea and local self-government bodies with the election process except for the cases provided for in this Law { Clause 2 Part 3 Article 4 as amended pursuant to the Law N 2491-VI ( 2491-17 ) dd. 30.08.2010 } 3) prohibition of using the funds other than provided for in Part 6 Article 47 of this Law for election campaign financing. Article 5. Direct Suffrage 1. Local elections are direct. Voters directly elect deputy candidates, and village, settlement, city mayors by voting for deputy candidates and candidates for the position of village, settlement, city mayors nominated and registered pursuant to the procedure provided for by this Law. Article 6. Free Elections 1. Local elections are free. Conditions are to be created for the voters to ensure free formation of their will and its free expression during the voting. 2. The use of violence, threats, deceit, bribery or any other actions preventing free formation and free expression of voter’s will is prohibited. Article 7. Secret Voting 1. Voting at the local elections is secret. Any form of control of the expression of voters’ will is prohibited. Article 8. Personal Voting 1. Every voter votes at the local elections in person. Voting for other persons or a transfer of the right to vote by the voter to any other person is prohibited. Article 9. Right to Be Elected 2 1. A citizen of Ukraine who has the right to vote as provided for in Article 70 of the Constitution of Ukraine ( 254к/96- ВР) may be elected a local council deputy, or a village, settlement or city mayor. 2. A person who was convicted for committing a deliberate offence may not be elected a local council deputy, or a village, settlement or city mayor if his/her criminal record has not been discharged or cancelled pursuant to the procedure established by law. Article 10. Right to Nominate Deputy Candidates and Candidates for the Position of Village, Settlement, City Mayors 1. The right to nominate deputy candidates and candidates for the position of village, settlement, city mayors may be exercised by citizens of Ukraine who have the right to vote.
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