Rules for running for the village and settlement council of the united community in 2017

On October 29, 2017, the first local elections will be held in 201 united territorial communities of Ukraine, including 14 AHs in Chernihiv region. Kateryna Dankova, the head of programs of the Chernihiv Public Committee for the Protection of Human Rights, talks about the rules and features of running for the position of village/settlement head and deputy of a village/settlement united territorial community in a question-and-answer session:

Who will residents of united territorial communities of villages and towns elect during the first local elections on October 29, 2017?

Voters in the newly created united territorial communities (UTCs) of villages and towns will elect village/town heads, as well as deputies of the councils of the united communities. At the same time, elections of elders will not be held.

Under what electoral system will these elections be held?

Elections of village and town heads of united territorial communities will be held under the majority system of relative majority. That is, under the system that was in place in previous times (for example, in 2015 or 2010).

To hold elections of deputies to village and settlement councils of these communities, the territory of villages/settlements and villages whose residents have voluntarily united into a community, village/settlement election commissions will divide the territory of villages/settlements and villages whose residents have voluntarily united into a community into single-mandate electoral districts by September 20 inclusive. One deputy will be elected from each of these districts to the council of the corresponding AH. In each of the formed districts, the winner will be the one who receives the largest number of votes among all candidates.

Elections of village and settlement heads of AHs will be held in a single single-mandate electoral district. This will be the corresponding territory of one united community, which includes several villages/settlements and several villages. Voters within this district will elect one head. The winner will also be the one who receives the largest number of electoral votes in relation to other candidates.

Who can run for the position of village/settlement mayor, deputy of a united territorial community?

A citizen of Ukraine who is 18 years old and does not have the restrictions described in the next question below can be a candidate for the position of village/settlement mayor, as well as a deputy of a united territorial community.

Attention!

A person can be a candidate even without higher education and/or work experience.

Important!

The absence of a person’s registered place of residence (“propiska”) in a specific community does not affect the right to be a candidate in it. That is, a person can be registered at the place of residence in the Sumy region, and be a candidate for deputy to the council of an AH in the Chernihiv region.

Who cannot be a candidate for the position of village or settlement mayor, deputy of a united territorial community?

A person cannot be a candidate who:

– has been declared incompetent by a court decision;

– is not a citizen of Ukraine;

– has a conviction for committing a serious or especially serious crime, a crime against the electoral rights of citizens, or a corruption crime, if this conviction has not been extinguished or removed in accordance with the procedure established by law.

Can one person simultaneously be nominated as a candidate for a deputy of a village or settlement council and as a candidate for the position of village or settlement mayor?

No, it cannot. If a person is a candidate for a deputy of a village or settlement council, then simultaneously nominating him or her for the position of village or settlement mayor in these elections is prohibited.

Who has the right to nominate a candidate for the position of village, settlement mayor or deputy of a united territorial community?

In these elections, citizens have the right to nominate their candidacies through local organizations of parties that have made such a decision, or by self-nomination.

At the same time, if a candidate is nominated by a local organization of a party, it is not necessary that he or she is or was a member of it. The law allows non-party citizens of Ukraine to nominate in this way.

Where and within what time frame should a self-nominated person submit documents for registration as a candidate for deputy or candidate for the position of village or settlement mayor?

A person who, as a candidate for deputy or for the position of village or settlement mayor, wants to participate in these elections must apply to the relevant village/settlement election commission within

from September 25 to October 4, 2017, inclusive

.

What documents should a self-nominated person submit along with the application for self-nomination for registration as a candidate for deputy or candidate for the position of village or settlement mayor?

The list of documents that a self-nominated candidate must submit to the territorial election commission for registration as a candidate for a deputy of a settlement or village council, for the position of village or village head of a united territorial community is the same.

Thus, a person must personally come to the relevant territorial election commission, present their passport of a citizen of Ukraine and submit the following documents:

1) a statement of consent to the publication of their biographical information in connection with participation in local elections;

2) your autobiography, which must necessarily contain: surname, first name (all first names) and patronymic (if any), date, month, year and place of birth, information about citizenship, education, employment, position, place of work (occupation), public work (including in elected positions), party affiliation, family composition, place of residence, contact phone number, presence or absence of a representative mandate and conviction for committing a serious or especially serious crime, a crime against the electoral rights of citizens or a corruption crime;

3) a declaration of property, income, expenses and financial obligations (for the previous year) in the form established by the Law “On the Principles of Preventing and Counteracting Corruption” () for the previous year;

4) four 4×6 cm photographs of the candidate.

Is there an approved form for an application for self-nomination of a person as a candidate for the position of village, settlement head or deputy?

No, the current regulatory legal acts have not approved a mandatory form for the application for self-nomination of a candidate for the position of village, settlement head or deputy of a united territorial community. Therefore, such a document is drawn up in compliance with the general requirements for applications stipulated by the Law “On Citizens’ Appeals”.

Should a candidate for the position of village, settlement head or deputy submit a declaration if he has not worked anywhere?

Yes, the declaration is submitted mandatory. It simply indicates the absence of income and property if the declarant did not have them (dashes are put in the corresponding columns).

Attention!

The declaration is submitted exclusively in written printed form.

Does a village or settlement election commission have the right to refuse to register a candidate on the grounds of errors or inaccuracies in the submitted documents?

No, it does not. According to Part 6 of Article 42 of the Law “On Local Elections”, errors and inaccuracies found in the documents submitted for registration of candidates are subject to correction and are not grounds for refusing to register these candidates. If this happens, the potential candidate can appeal the relevant decision in court.

Under what circumstances can a village or settlement election commission refuse to register a candidate for deputy, a candidate for the position of village or settlement mayor?

A village or settlement election commission refuses to register a candidate for deputy, a candidate for the position of village or settlement mayor in the following cases:

1) violation of the procedure for nominating a candidate established by the Law;

2) absence of documents provided for by this Law for registering a person as a candidate;

3) termination of the citizenship of Ukraine of the candidate;

4) recognition by a court of the candidate as incompetent;

5) the entry into force of a court verdict convicting the candidate of a grave or especially grave crime, a crime against the electoral rights of citizens or a corruption crime;

6) the identification by such a commission of circumstances under which a person cannot be elected as a deputy or village or settlement head (under 18 years of age; according to a court decision, the person is not legally capable; the person is not a citizen of Ukraine; the person has a conviction for committing a grave or especially grave crime, a crime against the electoral rights of citizens or a corruption crime, if this conviction has not been extinguished or has not been removed in accordance with the procedure established by law at the time of registration by the candidate).

Within what period can a self-nominated candidate for the position of village or settlement head or deputy of a united territorial community cease to participate in the elections?

A self-nominated candidate may cease his participation in the elections if, by

October 9, 2017

inclusive, he submits a written application to the election commission that registered him, refusing to run.

Important!

Such an application cannot be withdrawn after submission.

We remind you that the specialists of the Chernihiv Public Committee for the Protection of Human Rights (CHPCHR) offer free legal advice on election issues to participants in the election process: voters, members of election commissions, candidates.

You can get advice in several ways:

– by e-mail, by writing your question to the organization’s e-mail: ;

– through the organization’s website, writing your question in the appropriate form;

– writing your question in a message on the organization’s page at ;

– by phone at the numbers: (0462) 612-532, (063) 158-32-46;

– by visiting the public reception of the ChGKZPL in Chernihiv at: 57 Honcha St. In this case, it is advisable to call the numbers indicated above in advance and notify them of your visit.

The Free and Fair Local Elections Project is being implemented in Ivano-Frankivsk, Ternopil, Mykolaiv, Kherson, Rivne, Volyn, Sumy, Khmelnytskyi, Vinnytsia and Chernihiv regions with the support of the National Endowment for Democracy (NED).