Procedure for registration (accreditation) of official observers from foreign states, international organizations in the All-Ukrainian referendum

This Procedure regulates the issue of registration (accreditation) of official observers from foreign states and international organizations in the All-Ukrainian referendum (hereinafter – accreditation).

1. General provisions

1.1. Activities of official observers from foreign states, international organizations in the All-Ukrainian referendum (hereinafter – international observers) is regulated by the Law of Ukraine “On the All-Ukrainian Referendum” (hereinafter – the Law), generally recognized principles and norms of international law in the field of organization and conduct of referendums.

1.2. An international observer is a person proposed for accreditation by a foreign state or international organization, including an international non-governmental organization registered outside Ukraine, and accredited by the Central Election Commission in accordance with the requirements of the Law and this Procedure.

1.3. An international observer is not a subject of the All-Ukrainian referendum process.

1.4. International observers accredited by the Central Election Commission may observe the collection of signatures in support of the initiative to hold an All-Ukrainian referendum on the people’s initiative, their verification and the course of the All-Ukrainian referendum process. Such supervision is carried out by them independently and independently taking into account the restrictions established by the Law.

International observers exercise their powers within the national constituency for the All-Ukrainian referendum, which covers the entire territory of Ukraine, and the foreign constituency for the All-Ukrainian referendum.

1.5. The powers of an international observer shall begin on the day of his accreditation by the Central Election Commission and shall end with the termination of the initiative to hold a relevant All-Ukrainian referendum on the people’s initiative, suspension of collection of signatures in support of the initiative of holding an all-Ukrainian referendum. Referendum – after the Central Election Commission officially announces the results of the All-Ukrainian referendum, termination of the All-Ukrainian referendum process, except in cases of early termination of the powers of an international observer.

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

1.7. Financial and material support for the activities of international observers shall be provided at the expense of the states or organizations that sent these observers to Ukraine, or at their own expense.

1.8. To confirm the authority of an international observer, the Commission shall issue a certificate in the form prescribed by it (the Resolution of the Central Election Commission, Annex 3, July 2, 2021 № 245). Such a certificate is valid provided that an international observer presents an identity document.

2. Accreditation of international observers

2.1. International observers are accredited by the Central Election Commission. Proposals for their accreditation are submitted to the Commission after the start of the All-Ukrainian referendum process, and in case of initiating an All-Ukrainian referendum on the people’s initiative – after registration of the All-Ukrainian referendum initiative group on the people’s initiative, but not later than seven days before the referendum directly or through the Ministry of Foreign Affairs of Ukraine.

2.2. Citizens of Ukraine can not be accredited by international observers.

An international observer may not be:

a person who is a citizen (subject) of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state;

a person whose accreditation proposals were initiated or introduced by a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state.

2.3. Proposals for the accreditation of international observers are set out in an application submitted by a foreign state through a diplomatic mission accredited in Ukraine by that state, an international organization to the Central Election Commission directly or through the Ministry of Foreign Affairs of Ukraine.

2.4. The appeal to the Central Election Commission signed by the head of the relevant international organization (the person authorized to represent the international organization in Ukraine) or the diplomatic mission of a foreign state accredited in Ukraine shall state:

the question that is proposed to be submitted or submitted to the All-Ukrainian referendum (after the registration of the initiative group and / or the proclamation (appointment) of the All-Ukrainian referendum), the date of the All-Ukrainian referendum (after its proclamation (appointment);

contact information of the authorized person responsible for the preparation of documents for the accreditation of international observers (surname, name (all proper names), patronymic (if any), position, telephone number).

The application shall be accompanied by the submission of candidates proposed for accreditation by international observers, on paper and in electronic form in accordance with the form established by the Central Election Commission (Annex 2 to the Resolution of the Central Election Commission, July 2, 2021 № 245), as well as a photocopy of the page of the passport or other identity document, which indicates the name and surname of the person and contains his photograph.

2.5. The international non-governmental organization also adds to the appeal:

– copies of constituent documents (statutes, etc.) confirming the affiliation to the statutory activities of such an organization of issues of electoral and / or referendum law, observance and protection of electoral rights of citizens and / or observation of the electoral process or referendum process, certified by the head and seal (in case availability) of this organization;

– extract from the constituent documents (statutes, etc.) in Ukrainian, which states the full name of the organization, its purpose and objectives;

– copies of documents confirming the international status of such organization (extracts from national registers, patents, certificates, certificates, etc., confirming the registration of the organization and / or its representative offices / structural units in more than one state, or other official confirmation of the organization’s activities more than in one state), certified by the signature of the head and the seal (if any) of this organization.

2.6. In case of submission of technical errors or inaccuracies in the surname, name, patronymic, date of birth of the observer or discrepancies regarding other data in the submissions, appeals submitted to the Central Election Commission for accreditation of international observers, the relevant information shall be indicated on the basis of passport copies or other identity document of an international observer.

2.7. If an application with an incomplete package of documents is submitted to the Central Election Commission for accreditation of international observers, as well as if it is not possible to establish the date of the All-Ukrainian referendum or the issue proposed to be submitted to the All-Ukrainian referendum, such application with attached documents shall be returned for their correction by a letter signed by the Chairman of the Central Election Commission or on his behalf by another member of the Commission. The corrected appeal with the documents attached to it may be submitted to the Central Election Commission no later than the deadlines established by the Law, Article 85, part one.

2.8. The Central Election Commission shall refuse to accredit international observers in case of non-compliance of the proposed candidates and / or documents submitted for accreditation with the requirements of the Law and this Procedure, except for the cases provided for in paragraphs 2.6 and 2.7 of this Procedure.

In case of receipt of documents for accreditation of international observers later than the deadlines set by the Law, such documents shall be returned without a decision of the Central Election Commission by the Chairman of the Commission or on his behalf by another member of the Commission with a cover letter.

2.9. The decision to accredit international observers shall be made by the Central Election Commission no later than five days before election day.

3. Early termination of powers, abolition of accreditation of international observers

3.1. The Central Election Commission may prematurely terminate the powers of international observers in the event that they establish facts of gross or systematic violation of the Constitution and laws of Ukraine, taking a reasoned decision to terminate the powers of an international observer.

3.2. In case of receipt of an application signed by the head of the relevant international organization (person representing the international organization in Ukraine) or a diplomatic mission of Ukraine accredited in Ukraine to revoke, revoke the accreditation of their proposed international observer or his personal application for resignation, the Central Election Commission on revocation of accreditation of such observer.

3.3. In case of early termination of the powers (revocation of accreditation) of an international observer on the grounds specified in paragraphs 3.1, 3.2 of this Procedure, the certificate of an international observer shall be immediately returned to the Central Election Commission.