Procedure for granting the accreditation to official observers from foreign states and international organizations at the Ukraine’s presidential, parliamentary and local elections

This procedure in accordance with article 58, 59 of the Electoral Code of Ukraine (hereinafter referred to as “the Code”) regulates the issues of granting accreditation to official foreign and international observers at Ukraine’s parliamentary, presidential and local elections.

1. General Provisions

1.1. Activity of official observers from foreign states and international organizations (hereinafter referred to as observers) at Ukraine’s parliamentary, presidential and local elections (hereinafter referred to as “elections”) shall be regulated by the Code, generally recognized principles and norms of international law in the field of electoral administration and conduct.

1.2. The observer shall be defined as an individual nominated by a respective foreign state or an international organization and duly accredited by the Central Election Commission in accordance with the Code and this Procedure.

1.3.  The observers is not a subject involved in electoral process.

1.4. Observers accredited by the Central Election Commission are entitled to observe an election process. The observation shall be performed solely and independently taking into account the restrictions established by the Code.

Observers shall carry out their mandates within the territory of Ukraine.

1.5. The powers of observers shall begin on the day of their accreditation by the Central Election Commission and shall be terminated after the official announcement (official publication) of the Central Election Commission, the Territorial Election Commission on the election results, unless otherwise provided by the Code.

In the event of a second ballot, observers may continue to discharge their mandate during the entire electoral period, which shall be terminated upon the official announcement (official publication) of the relevant election results. 

1.6. The procedure for entry of observers into Ukraine is established by the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” and the relevant regulations of the Cabinet of Ministers of Ukraine. 

 1.7. Financial and material support of observers shall be provided at the expense of states or organizations which sent them to Ukraine or at the expense of observers’ own funds.

1.8. Document enabling an observer to discharge his or her mandate shall be the accreditation card issued and duly approved by the Central Election Commission (annex 3). The accreditation card is valid upon showing an identity document. 

2. Accreditation of the observers

 2.1. Observers shall be accredited by the Central Election Commission.

Suggestions for accreditation of observers shall be submitted to the Central Election Commission no later than 7 days prior to the election day for the nation-wide elections and no later than 10 days prior to the election day for the local elections.

2.2. Citizens of Ukraine have not be accredited as the observers.

An observer shall not be a citizen of a state recognized by the Ukrainian parliament as an aggressor state or an occupying state, as well as an individual suggested for accreditation by such a state.

2.3. Accreditation request shall be directly submitted to the Central Election Commission by a relevant organization or a diplomatic mission of a respective country (accredited in Ukraine) or by mediation of the Ukrainian Ministry of Foreign Affairs.

2.4. The letter of request signed by the head of a relevant organization (the individual representing the organization in Ukraine) or the head of a respective diplomatic institution shall state a type (presidential/parliamentary/local), a name and a date of elections to be observed, contact information of a person drafting the documents (family name, name (all proper names), patronymic (if any), position, telephone number) as well as the list of nominees for observers (in the original language as specified in their passports or other identity documents). There shall be also an application form (annex 2) and a copy of a passport or another ID (photo and personal data page) enclosed to the letter.   

 2.5. An international non-governmental organization shall also submit:

– copies of constitutive documents (charter etc.) confirming its involvement in election observation activities, which shall be certified by the signature of its head and a stamp (if any).

– extract from the constitutive documents (charter etc.) performed in Ukrainian language which shall state the organization full name, its aims and objectives.

– copies of documents confirming its international status  (extracts from national registers, patents, certificates etc. which confirm registration of the organization and/or its branches/structural units in more than one country, or other official confirmation of the organization’s activities in more than one country), certified by the signature of its head and a stamp (if any).    

2.6. In case of mistakes, inaccuracies or mismatches in personal data contained in the accreditation documents, the decision on accreditation shall be taken based on the information contained in passport or other ID copies. 

2.7. In case an incomplete package of documents is submitted to the Central Election Commission, and whether it is not clear what type and name of elections  observers are requested to be accredited for, such documents shall be officially returned for correction along with the letter signed by the Chairperson or another Commission member acting on his/her behalf. Correct documents shall be submitted to the Central Election Commission no later than the deadlines defined by Article 59 of the Code.

2.8. The CEC shall decline to accredit observers if respective nominees or a submission fails to conform to the Code and this Procedure, except for Paragraphs 2.6 and 2.7.

In case the accreditation documents are submitted later than the deadlines stipulated by the Code, such documents shall not be considered and officially returned along with the letter signed by the Chairman or another Commission member acting on his/her behalf.

2.9. The decision on accreditation shall be made by the Central Election Commission no later than five days prior to the election day.

3. Early termination of the observer mandate, revocation of accreditation

3.1. By taking a reasoned decision, the Central Election Commission shall prematurely terminate the mandate of observers wherever there is an evidence of systematic violations of the Constitution and laws of Ukraine carried out by them.

3.2. The Commission shall decide to cancel the observer accreditation when his or her revocation is requested by a relevant organization or a foreign diplomatic institution in a form of a letter properly drafted and signed by its head or in case of an observer’s personal written request.

3.3. In case of early mandate termination (revocation of an observer accreditation) on the grounds specified by Paragraphs 3.1, 3.2 of this Procedure, his or her accreditation card shall be immediately returned to the Central Election Commission.