Summary to the Decision of the Constitutional Court of Ukraine No. 7rp/2012 dated April 4, 2012 in the case upon the constitutional petition of 59
People’s Deputies of Ukraine concerning conformity with the Constitution of
Ukraine (constitutionality) of the provisions of Article 22.2 of the Law “On the
Elections of the People’s Deputies of Ukraine” concerning proportional
assignment of electoral voting stations abroad to all single-seat electoral
districts established on the territory of the capital of Ukraine - the city of Kyiv
Subject of the right to constitutional petition - 59 People’s Deputies of
Ukraine – applied to the Constitutional Court of Ukraine with a petition to
recognise as non-confirming with the Constitution of Ukraine (unconstitutional),
several provisions of Article 22 of Law “On the Elections of the People’s Deputies
of Ukraine” dated November 17, 2011 No. 4061-VI (hereinafter referred to as
“the Law”), which stipulate that electoral voting stations abroad shall be formed
by the Central Election Commission at the diplomatic establishments of Ukraine
abroad, military units (formations), deployed abroad, with proportional
assignments to all single-seat electoral districts established on the territory of the
capital of Ukraine - the city of Kyiv.
Pursuant to Articles 1.1, 1.3 of the Law the People’s Deputies of Ukraine
shall be elected by the citizens of Ukraine on the ground of universal, equal and
direct suffrage by secret vote under mixed (proportional and majority voted)
electoral system. According to the Law, 225 People’s Deputies from 450 People’s
Deputies of Ukraine shall be elected under proportional system in the national
multi-seat electoral district according to the electoral lists of candidates for
People’s Deputies of Ukraine from political parties, 225 – under majority system
of relative majority in single-seat electoral districts (Articles 1.2, 1.3).
In accordance with the Articles 18.1, 18.2 of the Law, the elections of
People’s Deputies of Ukraine shall be held in the national multi-seat electoral
district, which includes the whole territory of Ukraine and electoral voting
stations abroad, and in 225 single-seat electoral districts, which shall be formed
by the Central Election Commission and exist on permanent basis; single-seat
electoral districts shall be formed in the Autonomous Republic of Crimea, oblasts,
the cities of Kyiv and Sevastopol with approximately equal number of voters in
each district; approximate average number of voters in single-seat electoral
districts shall be determined by the Central Election Commission in accordance
with the information of the State Register of voters; deviation of the number of
voters in a single-seat electoral district shall not exceed 20 per cent of
approximate average number of voters in single-seat electoral districts.
In accordance with the meaning of the Law prescribing the term, order and
succession of actions to form single-seat electoral districts, and including voting
stations abroad, the Central Election Commission must form voting stations
abroad with their further (after establishment of single-seat electoral districts)