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Law of Ukraine “On the Elections of the President of Ukraine” with amendments of 13.03.2014

Law of Ukraine

“On the Elections of the President of Ukraine”

with amendments of 13.03.2014

(selected media-related articles)


Chapter I: General Provisions

Article 7. Secret Ballot

Article 13. Publicity and Openness of the Election Process

Chapter VII1Information Support for Elections

Article 56-1. Basic Principles of Information Support of Elections

Article 56-2 . General Principles for Information Support of Elections

Article 56-3. Special Provisions for Information Support of Elections

Article 56-4. Informational Posters 

Article 56-5.The principles of media and news agencies participation in information support of elections

Article 56-6. Principles for information dissemination on the results of election related opinion polls

Chapter VIII: THE PRE-ELECTION CAMPAIGN

Article 57. The Terms for Conducting the Pre-Election Campaign

Article 58. Forms and Means of the Pre-election Campaign

Article 59. Pre-Election Campaign Materials

Article 60. General Procedure for the Use of Mass Media

Article 61. The Procedure for Using Electronic (Audio-Visual) Mass Media

Article 62. The Procedure and Terms for Conducting TV Debates

Article 63. Procedure for Using Printed Mass Media

Article 64. Pre-Election Campaign Restrictions

  

Chapter I: GENERAL PROVISIONS

Article 7. Secret Ballot

1. The ballot for the elections for the President of Ukraine is secret: control over the expression of the will of voters is prohibited. Making photos or videos of the results of expression of the will of voters in the secret ballot booth as well as a demonstration by a voter of the results of expression of his or her will at the premises where the voting takes place shall be prohibited and be considered as a breach of secrecy of voting.

Members of election commissions, other persons shall be prohibited to take any measures or to disclose information which give a possibility to determine the expression of the will of a certain voter.

 …

Article 13. Publicity and Openness of the Election Process

1. The elections of the President of Ukraine shall be prepared and conducted in a public and open manner.

2. In order to ensure the public and open nature of the election process, the election commissions, in accordance with their powers, shall:

1) inform the population about their composition, location and working hours, about the formation of territorial election districts and election precincts, about the voting hours and place, and about the fundamental rights of voters, including the right to appeal unlawful decisions, actions or inactivity of election commissions, state executive bodies, authorities of the Autonomous Republic of Crimea and local self-government bodies, enterprises, in­sti­tutions and organizations, their directors and other officials and officers that violate or restrict the voting rights; 

2) ensure opportunities for the citizens to get acquainted with the lists of voters, with information about the candidates for the post of President of Ukraine and with pre-election programs of the can­di­­dates for the post of President of Ukraine, and with the procedure for filling out and marking election ballots;

3) announce the results of the vote and the results of the elections of the President of Ukraine;

4) provide other information in cases envisaged by this law.

3. Decisions of election commissions, as well as decisions of the state executive bodies regarding the exercise by the voters of their right to vote, shall be brought by them to the knowledge of citizens through the print media or, if impossible, made public otherwise. All decisions of the Central Election Commission shall be published promptly on the official web-site of the Central Election Commission, and the decisions of district election commission related to the election process shall be promptly published on the official web-site of the Central Election Commission upon their receipt by the Central Election Commission.

4. The mass media shall be obliged to cover the pace of the election process in an objective manner. Their representatives shall be guaranteed unrestricted access to all public election related events and to sessions of election commissions and to the polling stations on the day of elections and on the day of repeat voting – on the conditions specified in part nine of article 28 of the this Law. Election com­missions, state executive bodies, authorities of the Autonomous Republic of Crimea and bodies of local self-government, officials and officers of these bodies shall be obliged, within the limits of their powers and competence, to provide representatives of the mass media with the necessary information regarding the preparation and conduct of the elections.

5. The Ministry of Foreign Affairs of Ukraine and foreign diplomatic offices in Ukraine where foreign election commissions are established shall ensure that information about the voting hours and place and the location of the respective polling stations, about the procedure and terms of appeal to district election commission including with regard to the questions of  including the voter in the list of voters in the foreign polling station, is published on their official web-sites.

 …

Chapter VII1 Information Support for Elections

Article 56-1. Basic Principles of Information Support of Elections

1.       Voters are provided with access to diverse, objective and unbiased information needed to perform conscious, informed, and free choice.

2.       The information contained in the documents, which are submitted to the Central Election Commission for registration of candidates for the post of President of Ukraine, is open. The official website of the Central Election Commission made ​​public information about the surname, name (all names) and patronymic (if applicable), date, month, year and place of birth, citizenship with the time of residence in the territory of Ukraine, information on position (occupation), place of work, party affiliation, residence of the each candidate for President of Ukraine.

3.       When disseminating information on the election, which is not campaigning in accordance with Article 58 of this Law, election commissions, media and news agencies, government agencies, the authorities of the Autonomous Republic of Crimea, local governments and their officials, citizens’ associations and other persons are required to adhere to objectivity, impartiality, balance, accuracy, completeness and accuracy of information.

 

Article 56-2 . General Principles for Information Support of Elections

1.       General principles for information support of elections includes election information to voters about the following:

1) citizens’ voting rights and how to exercise and protect them;

2) possibility and procedures for verifying whether the voter or other voters in the State register of voters and voter lists at polling stations;

3) possibility and procedure for the voter to change the voting place (polling station) without changing voting address;

4) address of the district and precinct election commissions, which includes voting address of the voter;

5) polling station address, date and time of voting;

6) justification and procedures for voting at the place of stay;

7) voting procedure and the method of filling the ballot ;

8) the right to appeal of violations of their voting rights and how to exercise this right;

9) responsibility for violation of election law.

2. The Central Election Commission shall publish on its website information concerning information support of elections not later than one hundred days before the upcoming presidential elections in Ukraine.

3. Law of social advertising applies the distribution of information materials which belongs to the general information support of elections.

 

Article 56-3. Special Provisions for Information Support of Elections

1.       Specific provisions for information support of election envisage informing voters about the following:

1) registered candidates for President of Ukraine and their nominators ;

2) The election platforms of the candidates for President of Ukraine;

3) The accounts of campaign funds of candidates for the President of Ukraine, the maximum amount of voluntary contribution and the manner in which the donation can made ;

4) a warning and cancelation of registration of candidate for the President of Ukraine;

5) the facts and events related to the electoral process .

2. The media and news agencies may participate in a special information support of election on the request of the Central Election Commission or the district election commission, and on the information specified in paragraph 5 of this Article , – on its own initiative in compliance with this Law.

 

Article 56-4. Informational Posters 

1.       The Central Election Commission using funds allocated from the State Budget of Ukraine for the preparation and conduct of elections, no later than twenty-six days before the elections, ensure the production of informational posters of the candidates for the President of Ukraine registered by the Central Election Commission, in the amount of two copies for each polling station. Informational poster must contain the pre-election program of the candidate for the President of Ukraine, submitted by him/her to the Central Election Commission for registration, indicating name, surname, patronymic, year of birth, position (occupation), place of work and residence, party affiliation, and photo of the candidate submitted during registration (9X13). The shape, size and printing of posters are arranged by the Central Election Commission.

2.       Central Election Commission agrees with the candidate for President of Ukraine or his authorized representative upon the text of informational poster.

3.       Ready informational posters of candidates for President of Ukraine are delivered to the relevant election commissions in the amount of two copies of each poster for every polling station in accordance with the Central Election Commission regulation but no later than fifteen days before the election.

 

Article 56-5.The principles of media and news agencies participation in information support of elections

  1. During the election process, media publishes information materials upon the request of the Central Election Commission and on the basis of contract.
  2. News agencies and media spread the information about the electoral process  and election related events, based on the principles of accuracy, completeness, objectivity of information and impartiality.
  3. The media have to provide a balanced coverage of the comments of all parties which are the subjects of the electoral process and candidates for the President of Ukraine regarding on the events related to the elections.

 

Article 56-6. Principles for information dissemination on the results of election related opinion polls

1. Enterprises, institutions and organizations that conduct public opinion polls have the right to publish the results of the election related survey, indicating time when the survey was conducted, territory covered by the survey, size and principles for formation of sociological sample of respondents, survey method, the exact wording of the questions, and possible statistical error.

2. If news agencies and media are spreading the election related opinion polls, they must indicate the full name of the organization that conducted the survey, customer of the survey and other information specified in the first paragraph of this article.

3. It is prohibited to disclose or distribute by other means of election related opinion polls results, including polls results about the parties which are participants in the electoral process and the candidates for President of Ukraine in the last two days before election day (the day before the repeat voting).

4. It is prohibited to publish exit polls results on Election Day (on the day of repeat voting).

5. Methods for conducting of exit polls shall ensure the secrecy of voting.

6. In case of publication by broadcasting companies the results of interactive survey conducted in live regime during the election related program or with the participation of candidates for President of Ukraine, the participants of such programs are prohibited to comment on the results of such polls or otherwise refer to them. Throughout the broadcasting of results of the interactive audience survey it should be accompanied by a text message, “This survey reflects only the opinion of the audience,” which is shown on the screen (for TV programs) in a form acceptable to the viewer or be announced (for radio ) with the clear message by a speaker or presenter immediately before and after the disclosing of these results.

 

Chapter VIII: THE PRE-ELECTION CAMPAIGN

Article 57. The Terms for Conducting the Pre-Election Campaign

1. A candidate to the post of President of Ukraine may begin the pre-election campaign the day after he or she is registered by the Central Election Commission and shall end at 24 hrs on the last Friday before the day of elections.

2. The pre-election campaign shall end at 24 hrs on the last Friday before the day of elections.

3. The campaign before the repeat voting shall start the day after the repeat voting was called and shall end at 24 hrs on the last Friday before the day of repeat voting.

4. Campaigning during the election process beyond the terms established in this article shall be pro­hi­bited.

 

Article 58. Forms and Means of the Pre-election Campaign

1. The pre-election campaign is undertaking of any activities to encourage voters to vote for or not to vote for a certain candidate for President of Ukraine. The pre-election campaign may be carried out in any form and by any means that do not con­tra­dict the Constitution of Ukraine and the laws of Ukraine.

Pre-election campaign may be conducted in the following form:

1)       Organizing of public meetings an other meetings with voters;

2)       Holding rallies, marches, demonstrations, pickets;

3)       Public debates and discussions, “round tables”, press conferences concerning the electoral program and political parties activity which are the subject of electoral process or political activity of the candidate for President of Ukraine;

4)       Publication of political advertisement, speeches, interviews, essays, films, audio an video clips, and other publications and messages in print and audio-visual (electronic) media;     

5)       Distribution of election leaflets, posters and other printed campaign materials or printed publications that contain camping materials;

6)       Placement of printed campaign materials and political advertising on the outdoor advertising;        

7)       Holding concerts, plays, sport events, film screenings and television broadcast and other public events with the support of party which is a subject of electoral process or a candidate for President of Ukraine, as well as disclosure information about such support;

8)       Public calls to vote for or not to vote for a candidate for President of Ukraine or public opinions of the candidate for President of Ukraine;

9)       Instalment of information tents

10)   In other forms which do not contradict Constitution of Ukraine and Law of Ukraine.

2. Ukrainian citizens shall have the right to freely and comprehensively discuss the election pro­grams of candidates to the post of President of Ukraine, the political, professional and personal merits of the candidates, as well as to campaign for or against the candidates.

3. Official notices during the election process (without comments which may be of campaign na­ture, as well as video or audio-recordings, movies or photo illustrations) about the ac­ti­vi­ties of the can­didates to the post of President of Ukraine while they carry out their official (duty) au­tho­ri­ties, envisaged by the Constitution of Ukraine or other laws of Ukraine, shall not be considered part of the pre-election campaign.

4. The pre-election campaign shall be carried out at the expense of funds from the State Budget of Ukrai­­ne that are allocated for the preparation and conduct of the elections, for purposes spe­ci­fied by this Law, and at the expense of funds from the campaign funds of the candidates to the post of Pre­si­dent of Ukraine.

5. The pre-election campaign at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections shall be carried out in compliance with the principle of equal conditions providing the candidates to the post of President of Ukraine with the same print space in the print media and air time on radio and TV.

6. Bodies of the state executive power, public authorities of Autonomous Republic of Crimea and local self-government bodies shall, at the request of the respective district election commission, provide premises suitable for conducting public pre-election campaign events, which shall be organized by the district election commission. In con­nection with this, the district election commission is obliged to ensure equal opportunities for all candidates to the post of President of Ukraine registered by the Central Election Com­mis­sion. The payment for using the provided premises shall be carried out according to the proce­du­re established in part two of article 39 of this Law.

7. A candidate to the post of President of Ukraine, who is registered by the Central Election Com­mis­sion, shall have the right, on a contractual basis and at the expense of the campaign fund, to lea­se buildings and premises of all forms of ownership for the purpose of holding meetings, rallies, debates, discussions and other public pre-election campaign events.

9. In case a building (premises), irrespectively of the form of ownership, is provided for a public pre-elec­tion campaign event or for campaigning for one candidate to the post of President of Ukraine, the owner (tenant, user) of the building (premises) shall not have the right to refuse to pro­vi­de it to another candidate to the post of President of Ukraine under the same conditions. This de­mand shall not apply to premises, which are owned or used on a constant basis by parties that are subjects of the election process.

Buildings (premises) in the state or municipal ownership shall be provided for the campaign public event or campaigning without competition. 

Legal and natural persons, distributors of outdoor advertising providing advertising media (media outdoor advertising) for placement of the campaign materials (political advertisement) must ensure equal excess and equal opportunities for candidates for President of Ukraine.          

 

 

Article 59. Pre-Election Campaign Materials

1. A candidate to the post of President of Ukraine may, at his or her own discretion, produce pre-elec­tion campaign materials at the expense and within the limits of the campaign fund of the can­di­da­te. The party that nominated the candidate may produce print pre-election campaign materials of the candidate by using its own pro­perty. The candidate to the post of President of Ukraine may, in the same manner, produce his or her pre-election campaign materials. Information contained in these materials must comply with the re­quirements of law.

2. The candidate to the post of President of Ukraine and the party that nominated the can­di­da­te must submit one sample of each print pre-election campaign material, produced at the expense of the campaign fund and using their own property to the Central Election Commission no later than on the seventh day from the date of its production.

3. Print pre-election campaign material must contain information about the institution that printed the material, or a notice that the material is printed using the equipment of, respectively, a candidate to the post of President of Ukraine or a party, as well as the circulation figures and information about the persons responsible for their issuance.

4. Local executive bodies, public authorities of Autonomous Republic of Crimea and self-government bodies shall no later than ninety days prior to the day of the elections, provide places and equip stands and an­noun­ce­ment boards in crowded places for the purpose of posting pre-election campaign materials.

 

Article 60. General Procedure for the Use of Mass Media

1. The pre-election campaign in the mass media of all forms of ownership shall be conducted in compliance with the principle of equal conditions and according to the procedure envisaged by this Law.

2. The pre-election campaign in the mass media shall be conducted in the form of public debates, di­scussions, “round tables”, press-conferences, interviews, speeches, political advertisements, TV-por­traits, video-movies and other publications and notices about the candidate to the post of Pre­si­dent of Ukraine and the party that nominated the candidate, as well as other forms which do not contradict the Constitution of Ukraine and laws of Ukraine.

3. A candidate to the post of President of Ukraine registered by the Central Election Commission has the right to use state and municipal mass media at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections on conditions envisaged by this Law.

4. The Central Election Commission establishes the procedure for providing airtime and print space at the expense and within the limits of the funds allocated from the State Budget of Ukrai­ne for the pre­paration and conduct of elections.

5. The pre-election campaign in mass media of all forms of ownership at the expense of funds from the campaign fund of the candidate to the post of President of Ukraine shall be conducted on the con­­ditions of equal payment per unit of air time and per unit of print space and shall only be re­stric­ted by the expenditure limits of the campaign fund.

6. The respective mass media shall, no later than one hudnred days prior to the day of elections, estimate the cost of a unit of air time and a unit of print space in an amount not exceeding the respective average cost indicator for the last quarter of the year prior to the year of the elections of the President of Ukrai­ne. Media shall de­ter­mine the average cost indicator of a unit of print space and airtime separately for working days and hours and for weekends and holidays as well as for different audience by the number of potential periods of airtime or print space.

The media registered after 1 April of the year proceeding of the next presidential elections in Ukraine determine the costs of printed space or airtime unit on the basis of data for the entire period of their activity in the manner prescribed in this Article. The rates of such media may not exceed the rates in accordance with the newspaper “Holos Ukrainy” (for print media) and the National Television Company of Ukraine, and the National Radio Company of Ukraine (for TV and radio organizations).

The estimations of the cost of a unit of print space and airtime for pre-election campaign purposes may not be subject to any chan­ges during the election process. A mass media outlet may not grant discount to a certain candidate to the post of President of Ukraine or to the party that nominated the candidate. 

8. A mass media outlet that has provided a candidate to the post of President of Ukraine with airtime or print space shall not have the right to refuse to provide airtime or print space on the same conditions to another candidate. This demand does not extend to mass media that are owned (operated) by par­ti­es that are subjects of the election process.

9. In case repeat voting is called, the Central Election Commission shall provide air time for the pre-election campaign at the expense of funds allocated from the Sta­te Budget of Ukraine for the preparation and conduct of elections not less than 30 minutes on the National Channel and 30 minutes on National radio.      

 

 

Article 61. The Procedure for Using Electronic (Audio-Visual) Mass Media

1. All TV and radio organizations must, no later than ninety days prior to the day of the elections, publish in print mass media information about the estimated cost of one minute (second) of air time, and forward the estimates to the Central Election Commission. Broadcasting organizations that broadcast on national channels, shall make such publication in the newspaper “Holos Ukrainy” and “Uryadovyi Kurier”, regional and local broadcasters – in the relevant regional and local print media of state or municipal property.

2. State and municipal TV and radio organizations shall, at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections, provide air time for the pre-election campaign between 19 and 22 hrs.

4. TV and radio organizations shall provide the candidate to the post of President of Ukraine re­gi­ste­red by the Central Election Commission general time for his or her pre-election campaign pur­poses at the expense of funds allocated from the State Budget of Ukraine for the preparation and con­duct of the elections, of no less than 30 minutes on a nationwide TV channel and 30 mi­nutes on a nationwide radio channel. This time shall be provided to the can­di­date on each of the aforementioned channels in two equal shares of the general time. 5. It shall be prohibited 20 minutes before and after TV and radio broadcasts of a pre-election cam­paign-related program of a respective candidate to the post of President of Ukraine to com­ment in any form or evaluate the content of pre-election campaign program or to give any infor­ma­tion on this candidate or party.

6. The distribution of air time, with an indication of the pre-election campaign TV and radio pro­grams, and the specific date and time they are aired, shall be made by the respective National Television Broadcasting Company and National Radio Broadcasting Company based on the results of lots drawn by the Central Election Com­mis­sion with the participation of the candidates to the post of President of Ukraine, their proxies or authorized representatives of the candidates.

7. The results of drawing lots related to the provision of air time for pre-election campaign purposes at the expense of funds allocated from the State Budget of Ukraine for the preparation and conduct of elections shall be published in the newspapers “Holos Ukrainy” and “Uriadovyi Courier” within three days from the day the Central Elec­ti­on Commission has approved them.

8. The Central Election Commission shall pro­vi­de the payment for broadcast time based on respective agree­ments that shall be concluded between the Central Election Commission, the National TV Com­­pany of Ukraine, and National Radio company of Ukraine.9. Air time at the expense of the funds from the campaign fund of a candidate to the post of Presi­dent of Ukraine shall be provided on the basis of an agreement that shall be concluded between the ad­mi­nistrator of the campaign fund of the candidate and a TV and radio organization of any form of ow­nership. Provision of airtime without the conclusion of such an agreement and without crediting funds to the account of the TV and radio organization shall be prohibited.

10.  TV and radio organizations are obliged to make audio and/or video recordings of all pre-elec­ti­on campaign broadcasts and store them to the end of a thirty day term from the day of the official an­nouncement of the results of the elections.

11. TV and radio organizations of all forms of ownership are obliged on the written requests of the Central Election Commission or National TV and Radio Council of Ukraine to provide information on the allocation of air time for pre-election campaign purposes, and are obliged, if necessary, to pro­vide copies of the respective agreements, payment documents and broadcasts recorded on tapes or other carriers of information.

12. During electoral process, only the candidate for President of Ukraine can be the contractors of political advertisement which are broadcasted by TV broadcasting organizations and that is funded from the electoral fund of candidates for the post of President of Ukraine. In the course of demonstration of political advertisement that is funded from the electoral fund of a candidate for President of Ukraine, there have to be indicated surname, name and patronymic of the contractor in the form of text message which should not exceed 15 % of the screen size and be done in a contrasting colour to the background and to be perceptible of the viewer.  

 

Article 62. The Procedure and Terms for Conducting TV Debates

1. Pre-election debates using electronic (audio-visual) mass media (TV debates) funded from the State Budget from the financial resources allocated for elections shall be conducted in case of repeat voting envisaged by this Law for conducting the repeat voting for the candidate for President of Ukraine an included into the ballot for repeat voting.

2. The TV debates financed from the State Budget of Ukraine shall be conducted on the last Friday before the repeat voting be­tween 19 and 22 hrs in live air may not last less than sixty minutes of uninterrupted broadcast time.

3. The TV debates financed from the State Budget of Ukraine shall be broadcasted on the First National Channel of the National Television Broadcasting Company and on First Channel of the National Radio Broadcasting Company and can be broadcasted free of charge by other broadcasting companies.  The can­didates to the post of President of Ukraine shall participate in the TV debates personally. In case one of the candidates to the post of President of Ukraine refuses or is unable to participate in the TV de­bates, the time allocated for such TV debates shall be granted to the other candidate to the post of Pre­sident of Ukraine for the purpose of conducting his or her pre-election campaign.  

4. The Central Election Commission shall provide the payment for the air time provided for TV debates from the funds from the State Budget of Ukraine allocated for the preparation and conduct of elections, based on the respective agreement that shall be concluded between the Central Election Com­mission and the National TV Company of Ukraine.

5. TV debates of the candidates for the President or Ukraine included in the ballot for repeat voting are organized by the National TV Company of Ukraine at the expense of funds allocated from the State Budget of Ukraine for preparation and conduct of elections.

6. A TV organization can organize TV debates of candidates for the President of Ukraine as a series of programs following the requirements of this Law and this article. During the election process a TV organization may create one series of such programs and they can be broadcasted only in live air.

7. TV debates referred to in the paragraph 6 of this article can be funded from the electoral funds of the candidates for the post of the President of Ukraine in terms envisaged by this Law between 19 and 22 hrs.

8. TV debates referred to in Part 6 of this article must be organized in the series of the programs of the same format in order to allow participation of all candidates for the president of Ukraine at their request.

9. In one series of the TV debates referred to in the paragraph 6 of this article, simultaneously can participate up to two candidates for the president of Ukraine. Candidates participate in TV debates referred to in the paragraph 6 of this article, personally. The amount of airtime given to candidates participating in discussions or for providing responses should be determined by the same rules.   

10. Conduct interactive voting during the TV debates and broadcasting its results may b included into the program format but only with the consent of all participants referred to in the paragraph 6 of this article.   

11. Schedule of the broadcasting of the this series, the list of participants and the time of their participation in TV debates, referred to in the paragraph 6 of this article, relevant TV company publishes in newspaper “Holos Ukainy” and “Uriadovyi Kurier” within three days from the date of approval but not later than one day before the beginning of the series. 

12. The number of broadcasting cycle of TV debates referred to in Part 6 of this article shall be such to ensure that each of the candidate for the President of Ukraine participates in them not more than once.        

13. The duration of ach transmission cycle of TV debates, referred to in the paragraph 6 of this article, shall not be less than 60 minutes of air time.

14. TV and radio organizations may not interrupt the transmission of TV debates by commercial advertisement.

 

Article 63. Procedure for Using Printed Mass Media

1. A candidate to the post of President of Ukraine registered by the Central Election Com­mis­si­on has the right, at the expense of and within the funds allocated from the State Budget of Ukrai­­ne for the preparation and conduct of elections, to publish his or her pre-election program, as sub­mit­ted upon his or her registration, of a size that shall not exceed twelve thousand printing cha­racters, in the news­pa­pers “Holos Ukrainy” and “Uriadovy Courier” in a print lay-out that is iden­tical for all can­didates. The Central Election Commission shall conclude an agreement on the publication of the men­tioned ma­terials with the editorial offices of the mentioned news­papers.

2. Electoral programs of the candidate to the post of President of Ukraine are published in the special edition of “Holos Ukrainy” and “Uriadovyy Kurier” not later than twenty days before the elections. The sequence of placing of the electoral programs of the candidates for President of Ukraine, is determined according to sequence of registration of the candidates for the post of President of Ukraine by the CEC.

5. A candidate to the post of President of Ukraine shall have the right, at the expense of his or her campaign fund, to publish campaign materials in printed mass media of all forms of ownership.

6. Campaign materials, specified in part five of this article shall be published on the basis of an agree­ment that shall be concluded between the administrator of a running account of the candidate to the post of President of Ukraine and the editorial office of the print mass medium. The publi­ca­ti­on of these materials without concluding an agreement and crediting funds to the account of the edito­rial office of the print mass medium shall be prohibited.

7. Editorial offices of printed mass media of all forms of ownership must, at the written requests of the Central Election Commission, provide it with information about the print space used for pla­cing campaign materials of the candidates to the post of President of Ukraine, and if necessary – send it co­pies of the respective agreements, payment documents, as well as the respective publica­tions.

8. Printed media of all forms of ownership shall publish rates for publishing space no later than ninety day before the elections. National print media publish such information in “Holos Ukrainy” and “Uryadovyi Kurier”, and regional and local – in respective regional and local print media of the state or private ownership.        

 

Article 64. Pre-Election Campaign Restrictions 

1. The following persons shall be prohibited from participating in the pre-election campaign:

1) non-citizens of Ukraine;

2) state executive bodies, public authorities of Autonomous Republic of Crimea and local self-government bodies, law enforcement agencies, courts, their officials and officers during working hours (except the cases when the person is a candidates for President of Ukraine);

3) members of election commissions when performing duties of members of election com­mis­sions.

2. Pre-election campaign activities shall be restricted in military units (formations) and peni­ten­tia­ry in­stitutions. It is prohibited for individual candidates to the post of President of Ukraine or their pro­xi­es to visit military units (formations) and penitentiary institutions. The respective terri­to­rial com­mis­sion shall organize meetings with voters for such persons together with the com­man­ders of the mi­litary units (formations) or penitentiary directors upon mandatory notification at least three days pri­or to the day of the meeting of all proxies of candidates to the post of Pre­si­dent of Ukraine in the re­spective territorial election district.

3. It shall be prohibited to disseminate in any form materials, which contain calls for the liqui­da­tion of the independence of Ukraine, the change of the constitutional order by violent means, the vio­­la­tion of the sovereignty and territorial indivisibility of the State, the undermining of its se­cu­rity, the un­­law­ful seizure of state power, the propaganda of war and of violence, the in­citement of inter-ethnic, racial, or religi­ous enmity, and the encroachments on human rights and freedoms and the health of the population.

4. It shall be prohibited for state and municipal mass media, their officials and officers, as well as crea­tive staff, in their materials and programs, not covered by agreements concluded according to the requirements of part ten of article 61 and part six of article 63 of this Law, to campaign for or against candidates to the post of President of Ukraine, evaluate their pre-election programs or gi­ve pre­­ference to them in any form during the election process. The activity of these mass media may be temporarily suspended, in case they violate this requirement, by a court decision upon a sub­mis­sion of the Central Election Commission or the respective district election commission.

5. It shall be prohibited to spread deliberately false information about a candidate to the post of Pre­si­dent of Ukraine. Mass medium that published information which the candidate to the post of Pre­si­dent of Ukraine considers obviously incorrect, must, within three days after the day such materials have been made public, but no later than two days prior to the day of the elections, give the can­di­date or party, about whom the incorrect information was disseminated, upon their request, a pos­si­bility to refute such materials by giving them the same air time on TV or radio accordingly, or by pu­bli­shing in the print mass medium material provided by the candidate or party that must be prin­ted in the same font and be placed under the heading “Refutation” at the same place in the co­lumn and of a volume not less than the volume of the announcement being refuted. The refutation must contain a reference to the respective publication in the printed mass medium or broadcast on the TV or Radio and a reference to the facts being refuted. The refutation must be made public with­out amendments, commentaries or abbreviations, and should be done at the expense of the respective mass media outlet.

6. It shall be prohibited to conduct a pre-election campaign that is accompanied by giving money to voters or providing them with goods, services, works, securities, credits, or lotteries on prefe­ren­tial terms or free of charge. Such a pre-election campaign or the act of giving out money or pro­viding ser­­vices, works, securities, credits, or lotteries on preferential terms or free of charge, which are ac­com­­panied by calls or suggestions to vote or not to vote for a certain candidate or men­tioning his or her name, shall be regarded as bribery of voters, as it is mentioned in clause 1 part 3 article 56 of this Law.

It is prohibited to conclude reimbursable contracts with voters for campaigning trough election funds.  

7. The Central Election Commission shall ensure that explanations are placed in state mass media con­­cerning the prohibition on giving out money or providing goods, services, works, securities, cre­dits and lotteries free of charge or on preferential terms. The Central Election Com­mis­sion shall ap­pro­­ve the text of the explanation and, twice a week, print it in the newspapers “Ho­los Ukrainy” and “Uriadovyi Courier” on the first page and transmit it by TV and radio broad­casting organiza­tions starting twenty-two prior to the day of elections.

8. Regional state and municipal TV and radio organizations shall be obliged not to overlap with their own transmissions the campaign programs of the candidates to the post of President of Ukrai­ne transmitted on nationwide broadcast channels at the expense of the funds allocated from the State Budget of Ukraine for the preparation and conduct of elections.

9. The central executive body for information policy, television and radio broadcasting, together with the state TV and radio organizations subordinate to it, shall be obliged to develop a pro­ce­dure by which the broadcast of the pre-election program of one candidate on the First Na­tio­nal channel of the National TV Company of Ukraine should not coincide in time with the broadcast of such program of another candidate on the first channel of the National Radio Company of Ukraine, if the air time for both programs is allocated at the expense of funds from of the State Budget of Ukraine for the preparation and conduct of elections.

10. It shall be prohibited to include pre-election campaign materials of candidates to the post of Pre­sident of Ukraine or political advertisements in TV and radio news programs. Political adver­ti­se­ments must be separated from other materials and specified as such.

11. It shall be prohibited to interrupt broadcasts of pre-election programs of candidates to the post of President of Ukraine or the parties that nominated them with advertisement for goods, works, services and other announcements.

12. It shall be prohibited to conduct a pre-election campaign in foreign mass media, which ope­rate on the territory of Ukraine.

13. Mass media of all forms of ownership, which operate on the territory of Ukraine, shall be pro­hi­bi­ted from disseminating information about the results of public opinion polls concerning the can­di­da­tes to the post of President of Ukraine during the last two days prior to the day of elec­tions or the day of repeat voting.

14. It shall be prohibited to place printed pre-election campaign materials, political ad­ver­ti­se­ments, or announcements about the progress of the election process on architectural monuments, as well as in places where they impede road traffic safety.

15. Candidates to the post of President of Ukraine, who occupy posts, including multiple posts at the same time, in state executive bodies, public authorities of the Autonomous Republic of Crimea and local self-government bodies, in state and muni­ci­pal enterprises, in institutions, establishments, organizations, and military units (formations), shall be pro­hibited from involving in the pre-election campaign or using for any work connected with con­duc­ting the pre-election campaign, their subordinates (during working hours), office tran­sport, com­mu­nication, equipment, premises, other objects and resources at their place of work, and from using of­fice or business gatherings or meetings of staff for the purpose of cam­paig­ning.

16. It shall be prohibited to produce and distribute printed pre-election campaign materials, which do not contain information about the institution that did the printing, their circulation and infor­ma­tion about the persons in charge of their production.

17. Active campaigning (publishing campaign materials in mass media, distribu­ting election leaf­lets, posting election posters, and public calls to vote for or against candidates to the post of Pre­si­dent of Ukraine) and dissemination of political advertisements shall be prohibited from the time the pre-election campaign terminates. Pre-election campaign materials shall be removed at 24 hrs on the last Friday preceding the day of elections or the day of repeat voting by the respective services of local executive bodies, public authorities of the Autonomous Republic of Crimea and local self-government bodies.

18. It shall be prohibited to make the results of an exit poll public on the day of elections during the entire voting process.

19. When the Central Election Commission or a district election commission receives a claim or a complaint on violation of provisions of paragraph 3, 6, 10-18 of this Article, the respective election commission is to immediately send such claim or compliant to the relevant law-enforcement bodies for their investigation and reaction in accordance with Ukrainian legislation. The law-enforcement bodies are to inform the respective election commission about the results of investigation and measures taken within three days after the receipt of the claim or complaint;

20. It hall be prohibited to use premises of the state executive bodies, public authorities of the Autonomous Republic of Crimea, and local self-governmental bodies for campaign events.

21. It shall be prohibited to place camping material n political advertisement on the buildings an in the premises of executive bodies, public authorities of the Autonomous Republic of Crimea, and local self-governmental bodies, state and municipal enterprises, institutions, and organizations.

 …

The President of Ukraine                                                                                                L. Kuchma

City of Kyiv March 5, 1999

     No. 474-XIV

 

Unofficial translation – courtesy of the OSCE Project Coordinator in Ukraine

Ми надаємо безоплатні консультації із юридичних питань у сфері інформаційного та медійного права. Будемо раді поділитися з вами своїм досвідом.

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