Elections. Electoral systems

Democracy in Ukraine is realized on the basis of the Constitution through the institutes of direct (referendum) or representative (voting) democracy.

Representative democracy is the type of realization of will of people, when people elect representatives to the bodies of state power and bodies of local self-government.

Elections are the method of forming of bodies of state power and bodies of local self-government. Election are free and areheld on the basis of universal, equal and direct suffrage, by secret ballot.

In accordance with the Law of Ukraine “On Elections of People's Deputies of Ukraine” the candidates to the position of the People's Deputies of Ukraine must be nominated by the citizens of Ukraine through political parties (election blocks), as well as through self-nomination.

The total number of people's deputies is defined by the Constitution of Ukraine (currently - 450 deputies).

A citizen of Ukraine who is 21 years old on the election day, has the right to vote and has resided in Ukraine for the last five years may be elected as deputy.

The citizens of Ukraine who have the right to vote have the right to nominate candidates for deputies. This right is exercised by them through parties (blocs), which have been registered not later than 365 days before the elections. Nomination of the candidates for deputies must start 119 days and end 90 days before the elections.

Elections of deputies may be:

- regular (held due to termination of the constitutional term of authorities of the Verkhovna Rada of Ukraine and do not require a separate decision about their holding). Take place on the last Sunday of October of the last year of authorities of the Verkhovna Rada of Ukraine;

- extraordinary (are appointed by the President of Ukraine according to the procedure set by the Constitution of Ukraine). Take place on the last Sunday of a sixty-day term since the day of publishing of the Decree of the President of Ukraine on early termination of authorities of the Verkhovna Rada of Ukraine.

Elections of deputies must be held in a form all-state multimandate election constituency which includes the entire territory of Ukraine and is divided into 225 territorial election constituencies. In order to vote and count votes effectively the territory of every constituency must be divided into election districts. The number of election districts is not limited.

Elections of people's deputies of Ukraine must be organized and held by the Central Election Commission, territorial election commissions and election districts. The Law defines the procedure of creation, termination and authorities of the above election commissions during the election campaign.

Preparation and holding of elections of people's deputies must be financed only at the expense of funds of the State Budget of Ukraine and election funds of parties (blocs) of the candidates for people's deputies. A voluntary contribution of natural person into the election fund of one party (bloc) must not exceed four minimum salaries. It is prohibited for foreigners, stateless persons and anonymous contributors to pay in money to the election fund.

The number of candidates for deputies which are nominated by a party (bloc) must not exceed 450.

The party (bloc) which nominates its candidates for people's deputies must deposit to the special account of the Central Election Commission a monetary pledge amounting 2,500 minimum salaries. The monetary pledge must be returned to the party (bloc), which participated in the distribution of deputies' mandates.

People's deputies of Ukraine are elected by the citizens of Ukraine on the basis of general, equal and direct suffrage by secret voting. Every Ukrainian citizen who is 18 years old on the election day has the right to vote in the elections of people's deputies. In the elections of people's deputies every Ukrainian citizen has one vote and takes part in the voting directly. Voting in the elections of people's deputies is secret: control over people's will expression must be prohibited. A citizen may express his/her will in the elections of people's deputies at the election district located in the place of residence. The persons who on the election day do not stay in the place of their permanent registration may receive absentee ballots at the election district and vote in the place of their actual stay.

Voting is held at the election district from 8 am until 20 pm. Every voter gets one election list. The election commission counts votes for the candidates after the time determined for voting expires. The results of vote count must be recorded in the minutes of the district election commission. After the minutes of all election commissions are filled in, they must be brought to the territorial election commission and from the latter - to the Central Election Commission. The Central Election Commission must announce the voting results on the basis of summarizing the data obtained from the Territorial election commissions.

The results of elections are published in the newspapers “Golos Ukrainy” and “Uryadovy Kurjer” not later than on the fifth day since the day of establishment of final results of elections. The list of elected deputies must be published in alphabetic order with indication of their surname, name, patronymic, year of birth, profession, post (occupation), place of work, place of residence, party membership, subject of nomination.

The candidates for deputies, included into the election list which obtained less than five percent of votes (a 5% election threshold) of voters who participated in the voting, have no right to distribute deputies' mandates.

The Central Election Commission gives to the person, who is registered as deputy, the temporary certificate of people's deputy of Ukraine of set form not later than on the seventh day since the day of his/her registration. After the deputy takes the Oath of people's deputy of Ukraine, the Central Election Commission gives him/her the certificate of people's deputy of Ukraine and a breastplate of set form not later than on the seventh day.

Parties (parties which were components of blocs), which election lists obtained five and more percent of voters' votes, have the right to compensation of expenses related to financing of their pre-election propaganda. Expenses must be compensated from the State Budget of Ukraine. Compensation must cover amount of actual expenses, but can not exceed one hundred thousand of minimum salaries.

The Law of Ukraine “On Elections of the President of Ukraine” establishes requirements to the candidate for the President of Ukraine, the procedure of nomination of the candidate and his/her election for the post.

All candidates for the post of the President of Ukraine have equal rights and possibilities to take part in election campaign.

The President of Ukraine may be any citizen of Ukraine who is 35 years old on the election day, has the right to vote, speaks official language and resides in Ukraine for 10 years which precede elections. The same person may not be the President of Ukraine more than two terms subsequently (10 years).

The candidate for the post of the President of Ukraine must be nominated by the citizens through political parties (election blocks), as well as through self-nomination. Nomination of the candidate for the post of the President of Ukraine must start 119 days and terminate 95 days prior to the election day.

The Law establishes the following types of elections of the President of Ukraine: regular, extraordinary and repeat.

1) Regular elections of the President of Ukraine must be held on the last Sunday of March on the fifth year of authorities of the President of Ukraine.

2) Extraordinary elections of the President of Ukraine must be held on the last week of a ninety- day term since the day of:

- personal announcement by the President of Ukraine of application about his retirement at the session of the Verkhovna Rada of Ukraine;

- publishing by the Verkhovna Rada of Ukraine of its decision confirming impossibility to perform by the President of Ukraine his authorities due to health condition;

- publishing by the Verkhovna Rada of its decision about dismissal of the President of Ukraine from the post according to the impeachment procedure;

- adoption of the resolution of the Verkhovna Rada of Ukraine about the unscheduled elections due to death of the President of Ukraine.

3) Repeat elections of the President of Ukraine must be held on the last week of a ninety-day term since the day of adoption of the resolution of the Verkhovna Rada of Ukraine about the repeat elections.

Elections of the President of Ukraine must be held in a form all-state single mandate election constituency which includes the entire territory of Ukraine and is divided into 225 territorial election constituencies. In order to vote and count votes effectively the territory of each constituency must be divided into election districts. The number of election districts is not limited.

Elections of the President of Ukraine must be organized and held by the Central Election Commission, territorial election commissions and district election commissions. The Law defines the procedure of creation, termination and authorities of the above election commissions during the election campaign.

Preparation and holding of elections of the President of Ukraine must be financed only from the funds of the State Budget of Ukraine and election funds of the candidates for the post of the President of Ukraine. The limit amount of the election fund of the candidate for the post of the President of Ukraine must be fifty thousand of minimum salaries (UAH 10,250,000). It is prohibited for foreigners, stateless persons and anonymous contributors to pay in money to the election fund of the candidate for the post of the President of Ukraine.

The candidate for the post of the President of Ukraine must deposit to the special account of the Central Election Commission a monetary pledge in amount five hundred thousand hryvnas. The monetary pledge must be returned to the candidate, if he obtained not less than 7% of votes of the people who took part in the voting on elections of the President of Ukraine. After registration the candidate for the post of the President of Ukraine must present to the Central Election Commission of Ukraine not less than fifty hundred thousand of signatures of the people who support his/her candidature for the post.

The President of Ukraine is elected by the citizens of Ukraine on the basis of universal, equal and direct suffrage by secret voting. Every Ukrainian citizen who is 18 years old on the election day has the right to vote in the elections of the President of Ukraine. In the elections of the President of Ukraine every Ukrainian citizen has one vote and participates in the voting directly. Voting in the elections of the President of Ukraine must be secret: control over people's will expression must be prohibited. A citizen may express his/her will in the elections of the President of Ukraine at the election district located in the place of his/her residence. The persons who do not stay in the place of their permanent registration on the election day may receive absentee ballots at the election district and vote in the place of their actual stay.

Voting must be held at the election district from 8 am until 20 pm. Every voter gets one election list by means of which s/he votes for this or that candidate for the post of the President of Ukraine. The election commission counts votes for every candidate after the time determined for voting expires. The results of vote count must be recorded in the minutes of district election commission. After the minutes of all election commissions are filled in, they must be brought to the territorial election commission and from the latter - to the Central Election Commission. The Central Election Commission must announce the voting results on the basis of summarizing the data obtained from the territorial election commissions.

The candidate is elected as the President of Ukraine on the election day, if s/he obtained more than a half of votes of the people who took part in the voting.

If none of the candidates obtains the necessary quantity of votes, the Central Election Commission adopts decision about holding repeat voting. The repeat voting must be appointed for the third week since the day of holding elections. To the election list for the repeat voting must be included those two candidates for the post of the President of Ukraine who as a result of voting on the election day obtained the majority of the votes. During the repeat elections the candidate must be deemed elected for the post of the President of Ukraine, if s/he obtained more than a half of votes of the people who took part in the voting.

The results of elections are published in the newspapers “Golos Ukrainy” and “Uryadovy Kurjer” with indication of name, surname and patronymic of the elected President of Ukraine. The results must be published not later than on the third day since the day of establishment of final results of elections.

The newly elected President of Ukraine must take up the post not later than in 30 days after the official announcement of election results. S/he must assume authorities since the moment of taking the Oath to the Ukrainian people at the ceremonial meeting of the Verkhovna Rada of Ukraine. The Central Election Commission of Ukraine must hand over to the newly elected President of Ukraine the Certificate of the President of Ukraine.

Electoral system is the method of determination of results of elections.

There are 3 types of the electoral systems: majority, proportional, mixed.

1. Majority electoral system is characterized by absolute majority and relative majority of voices on elections:

1) more than 50 % + 1% at the majority system of absolute majority;

2) more of voices than other candidates have got is majority system of relative majority.

2. According to the proportional electoral system allocation of seats, quantity of seats of parties in the Parliament depends on quantity of voices of electors for every party.

Principle of electoral quota lies in the basis of this system. The electoral quota is the number of voices, which is necessary for election of the deputy or the President.

3. Mixed electoral system connects the elements of the majority and proportional electoral systems.

In Ukraine the People’s Deputies of Ukraine are elected by a mixed (proportional-majority) voting system (50% under party lists and 50% under simple-majority constituencies) with a 5% election threshold.

The President of Ukraine is elected by the majority system.

Дата добавления: 2014-01-11