Immigrants have no right to vote in local elections – the Supreme court

Переселенцы не имеют права голосовать на местных выборах, - Верховный суд

The Supreme court held that internally displaced persons have the right to vote in local elections, said the press service of the court.

The right of participation in local elections is only those citizens of Ukraine who reside on the respective territory and have registered permanent residence in the territory of the respective village, settlement, city.

Such a statement the court made after the hearing of the appeal in which the plaintiff, a settler asked to recognize illegal the decision of the holder of the state register of voters on refusal in satisfaction of the statement for change of the election address in the registry and asked to order the defendant to make such data according to information about the whereabouts of the plaintiff as an IDP.

It is noted that the plaintiff requested the defendant with the statement included in a voter list for local elections and has refused to due to the fact that the plaintiff has not presented the documents confirming his belonging to the local territorial community, and the certificate of registration of IDPs was generally not taken into account in the consideration of the application.

The Supreme court agreed with the position holder of the state register of voters on the grounds that the right to vote in the election of deputies of city Council, elections of the mayor are citizens of Ukraine, the relevant territorial community and living within the relevant electoral district.

The electoral address of a voter is determined by the registered place of residence and address of residence of the voter in accordance with the law “On freedom of movement and free choice of residence in Ukraine”.

At the same time the place of residence must not be temporary.

Thus, in accordance with part 1 of article 5 of the law (“On ensuring rights and freedoms of internally displaced persons”); the certificate on registration of IDPs certifies his residence only for a certain period, that is, it is not permanent and temporary residence in the territory. The court decided that such registration may not serve as the basis for obtaining the right to participate in local elections in the territory.

As previously reported, the Verkhovna Rada has allowed the villages from different districts to join one of the territorial community.

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