Publication date: 03.07.2024
The procedure for electing the President of Ukraine
Introduction
The President of Ukraine is the head of state and performs important functions in the system of state power. The procedure for the election of the President is set out in the Constitution of Ukraine and other legal acts. In this article, we will examine in detail the procedure for electing the President of Ukraine, including the legal framework, stages of the electoral process, requirements for candidates, the role of election commissions and judicial authorities, and challenges faced by the electoral process.
Constitutional and legal framework
Constitution of Ukraine: The fundamental law of the state that establishes the procedure for the election of the President of Ukraine. Articles 102-112 of the Constitution define the legal status, powers and procedure for the election of the President.
TheLaw of Ukraine "On the Election of the President of Ukraine": Regulates the legal and organisational framework for the presidential election, defines the procedure for nominating candidates, campaigning, voting and vote counting.
Law of Ukraine "On the Central Election Commission": Establishes the legal status, powers and procedures of the Central Election Commission (CEC), which organises and conducts presidential elections.
Law of Ukraine "On the State Register of Voters": Regulates the procedure for maintaining the State Voter Register, which ensures that voter data is updated and voters are included in the voter lists.
Stages of the electoral process
Calling theelection: The presidential election is called by the Verkhovna Rada of Ukraine no later than 90 days before the end of the term of office of the incumbent President. In the event of early termination of the President's powers, the election shall be called no later than 90 days after such termination.
Nomination ofcandidates: The nomination of presidential candidates begins 90 days before the election day and ends 70 days before the election. Candidates may be nominated by political parties or by self-nomination. A candidate must submit a declaration of consent to run for office and pay a deposit, the amount of which is set by law.
Registration of candidates: The CEC registers presidential candidates, checks their documents and decides whether to register or refuse to register them. The registration of candidates is completed 60 days before the election day.
Campaigning: Election campaigning starts from the day of candidate registration and ends the day before the election day. Candidates have the right to hold campaign events, use the media, and distribute campaign materials.
Voting: Voting takes place on election day, which is scheduled for the last Sunday in March of the fifth year of the incumbent President's term. Polling stations open at 8 a.m. and close at 8 p.m.
Counting of votes: After the end of voting, election commissions count the votes at polling stations. The results are transferred to the district election commissions and then to the CEC, which tabulates the final election results.
Announcement ofresults: The CEC officially announces election results no later than 10 days after election day. If no candidate receives more than half of the votes, a second round of elections is called.
Second round of elections: The second round of elections is scheduled for the third Sunday after the first round. The two candidates who received the highest number of votes in the first round participate in the second round. Voting, vote counting and announcement of results follow the same procedure as in the first round.
Requirements for presidential candidates
Citizenship: A candidate for President of Ukraine may be a citizen of Ukraine who is eligible to vote.
Age: A presidential candidate must be 35 years of age on election day.
Residencein Ukraine: The candidate must have resided in Ukraine for the last 10 years before the election day.
Language: The candidate must be proficient in the state language.
Money deposit: The candidate must pay a cash deposit, the amount of which is set by law. The deposit is refunded to the candidate or his/her political party if he/she advances to the second round or receives a certain percentage of votes.
Role of election commissions and judicial authorities
Central Election Commission (CEC): Organises and conducts the presidential election, registers candidates, monitors compliance with the electoral law, counts votes and announces election results.
District and precinct election commissions: Organise voting at polling stations, count votes and transmit results to higher election commissions.
Judiciary: Consider complaints and appeals regarding violations of the electoral law, appeal against decisions of election commissions, and ensure the protection of citizens' electoral rights.
Challenges to the electoral process
Political competition: Presidential elections are always accompanied by a high level of political competition, which can lead to conflicts between candidates and their supporters.
Campaign financing: Ensuring the transparency and legality of campaign financing is an important task to prevent corruption and oligarchic influence on the electoral process.
Information security: Protecting information systems and databases from cyber-attacks, ensuring the accuracy of information, and preventing disinformation and fake news are important aspects of electoral security.
Observance of votingrights: Ensuring that citizens' electoral rights are respected, including the right to participate in elections, equality of votes, accessibility of polling stations and the ability to appeal violations.
Recommendations for improving the electoral process
Increasetransparency: Ensure maximum transparency of the electoral process, including campaign finance, vote counting, and the work of election commissions and the judiciary.
Strengthening information security: Introduce modern technologies to protect information systems and databases from cyberattacks, ensure the accuracy of information and combat disinformation.
Improving thelevel of training of election commissions: Conduct regular training and coaching for election commission members to improve their competence and efficiency.
Ensure accessibility of polling stations: Creating conditions for the accessibility of polling stations for all citizens, including people with disabilities, ensuring the possibility of voting for internally displaced persons and citizens abroad.
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