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Cопровождение ИЗБИРАТЕЛЬНЫХ компаний политических партий / LEGAL CONSULTING (UKRAINE) / Articles

E-mail: [email protected]

ELECTIONS 2012 IN UKRAINE – THE NEW RULES

ELECTIONS 2012 IN UKRAINE – THE NEW RULES

According to the Law of the people's deputies of Ukraine are elected by citizens of Ukraine on the basis of General, equal and direct suffrage by secret ballot.

The quantitative composition of the Verkhovna Rada of Ukraine is 450 deputies.

Elections of deputies are held under a mixed (proportional-majority system:)

1) 225 deputies are elected by proportional representation in multi-member national constituency (national district) on the electoral lists of candidates (hereinafter - the electoral lists of political parties;

2) 225 deputies are elected under the majority system of relative majority in single-member constituencies (single-member districts).

Prohibits the participation of blocs of political parties in the electoral process.
The abolition of the column "against all" in ballot papers.
There is a 5% electoral threshold for parties.
The beginning of the electoral process - 90 days before a vote.

The Act introduces a new section called "Information support of elections" - separated the notion of informing about the election from campaigning.
- The basic principles of the election coverage (balanced reporting, objectivity, impartiality, truthfulness, completeness and accuracy of information).
- Information management is divided into General and special. The shared IO subject to the legislation on social advertising.

Features of distribution of survey results:
Media must specify the full name of the organization that conducted the survey, customer survey, and also: (1) time, (2) territory (3) size and (4) the method of sampling, (5) survey method, (6) the exact formulation of the questions (7) the statistical error.
- Prohibited the publication of poll results during the last ten days before the voting day.
- It is forbidden to comment on the results of the interactive poll in the Studio, as this survey reflects the views only this audience.


The law drew a clear line between campaigning and implementation of media activities.
The law defines "political advertising". Attention!!! To advertising include the use of symbols and logos of the party.
- The problem of delimitation of the official messages from the campaign. Informational messages may not contain audio, photo and video candidates.
Advertising in print media (Newspapers, magazines, books, and other goods and services using the name or image (portraits of candidates, names or symbols of parties - subjects of election process is political advertising.


The abolition of quotas on advertising in print media regardless of the form of ownership (the provisions of part 3 of article 66 of the previous Act were excluded).

- Campaigning in the media is on the terms of equal pay per unit of air time or printed space.
- Prices the cost of a unit of printed area and units of airtime installed media not later than one hundred days before election day in size.
- Prices cannot exceed the amount of the arithmetical mean of the prices for the commercials. It is forbidden to offer discounts and set allowances.


Prohibition of refusal of broadcast and print. With the exception of the materials do not meet the requirements of the parts of the fifth and ninth paragraph of article 74 of the Law.
Media are obliged to carry out audio and video recording in all channels containing pre-election campaign, and store them within thirty days from the day of official publication of election results.
Media are obliged to the request of the CEC and the national Council, to provide all the information on the allocation of airtime and copies of relevant documents and records programs.
- The obligation to provide the "right answer" (part 12 of article 74).

In the case of a determination by the court repeated or flagrant violation of the media Law requirements, the court shall decide on the temporary suspension of license or prohibition of the publication of the printed edition.

The media are responsible for the content of election campaign, which had been posted in accordance with agreements with customers in only 2 cases (part 19 of article 74 of the Law):
1.Redistribute in any form of materials containing calls for the elimination of Ukraine's independence, etc. (part 5, article 74).
2. Dissemination of deliberately false or defamatory information about the subjects of the election process, untrue or defamatory in nature which is established in court (part 9. article 74) - only if the media had reliable information about the appropriate order of the court.

The costs of preparation and holding of elections of deputies shall be made exclusively at the expense of the State budget of Ukraine allocated for the preparation and conducting of elections, and election funds of parties and MP candidates from which are registered in the nationwide constituency, candidates for deputies in single-mandate constituencies.

The party MP candidates from which are registered in the national district, the candidate for Deputy in single-mandate election district to Finance its election campaign are required to create their own campaign Fund, which is formed in the manner prescribed by this Law.

Financing of election campaigns or materials from sources not provided for by part two of this article, regardless of whether the consent of the parties – subjects of election process or candidates, shall be prohibited

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