Establishing the Results of Election of Members of Parliament in the Nationwide Election District

1. Based on the protocols of the district election commissions on voting results in the nationwide election district within the single-mandate election district, including those marked “Corrected” and the protocol of the Central Election Commission on voting results in the nationwide election district within foreign district (including those marked “Corrected”), the Central Election Commission not later than on the fifteenth day following the day of voting, shall establish the results of the election of MPs in the nationwide election district by drawing up the protocol thereon. The following data shall be entered in the protocol on the results of the election of MPs, in words and in numbers: {Paragraph 1 Part 1 Article 98 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 1) the number of nationwide election district ballot papers printed by request of the Central Election Commission; 2) the number of nationwide election district ballot papers received by the district election commissions; 3) the number of unused nationwide election district ballot papers invalidated by the district election commissions; 4) the number of nationwide election district ballot papers received by the precinct election commissions; 5) the number of nationwide election district ballot papers printed by the precinct election commissions; 6) the number of the unused nationwide election district ballot papers invalidated by the precinct election commissions; 7) the total number of the unused nationwide election district ballot papers; 8) the number of voters in the voter lists for the election precincts; 9) the number of voters included in the excerpts from the voter lists at the election precincts; 10) the number of voters who received ballot papers for voting in the nationwide election district in the premises for voting; 11) the number of nationwide election district ballot papers at the election precincts that were not subject to counting; 12) the number of voters who received nationwide election district ballot papers at their places of stay; 13) the total number of voters who received nationwide election district ballot papers; 14) the number of voters who took part in the voting in the nationwide election district in the premises for voting; {Clause 14 Part 1 Article 98 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 15) the number of voters who took part in the voting in the nationwide election district at their places of stay; {Clause 15 Part 1 Article 98 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 16) the total number of voters who took part in the voting in the nationwide election district; {Clause 16 Part 1 Article 98 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 17) the number of nationwide election district ballot papers declared invalid; 18) the number of votes cast for MP candidates included in the electoral list of each of the parties; 19) the percentage of the votes cast for MP candidates included in the electoral lists of each of the parties, in relation to the total number of votes cast for MP candidates included in the parties’ electoral lists.

2. The data on the voting results shall be entered in numbers and in words in the protocol of the Central Election Commission on the results of the election of MPs. The data specified in Clauses 2 – 19 Part 1 of this Article shall be entered in numbers for each single-mandate election district, with the totals for the nationwide election district being entered in words and numbers.

3. The MP candidates included in the electoral lists of the parties that received five or more percent of the votes, in relation to the total number of votes cast for MP candidates included in the parties’ electoral lists, shall have the right to participate in the distribution of MP mandates.

4. The MP candidates included in the electoral list of a party that received less than five percent of the votes, in relation to the total number of votes cast for MP candidates included in the parties’ electoral lists, shall not be entitled to participate in the distribution of the MP mandates.

5. The MP mandates shall be distributed between the electoral lists of the parties in proportion to the number of the votes received by the MP candidates included in the electoral lists of the parties specified in Part 3 of this Article, in accordance with the sequence prescribed by Parts 6 – 9 of this Article.

6. Based on the data specified in Clauses 18 and 19 Part 1 of this Article, the Central Election Commission shall determine the total number of the votes cast for the MP candidates included in the electoral lists of the parties that received five or more percent of the votes. 

7. The number of votes required to obtain one MP mandate (hereinafter, the electoral quota) shall be calculated by dividing the total number of the votes determined in accordance with Part 6 of this Article by the number of the MP mandates, which shall be 225 (hereinafter, the total number of the MP mandates in the nationwide election district).

8. The number of the votes cast for the MP candidates included in the electoral list of each party shall be divided by the electoral quota. The integer part of the resulting number shall be the number of MP mandates received by the MP candidates from each party. The fractional remainders [from such division] shall be taken into account in the distribution of the rest of the MP mandates in accordance with Part 9 of this Article.

9. The parties with the largest fractional remainder resulting from the division specified in Part eight of this Article shall each receive one additional MP mandate, starting with the electoral list of the party with the largest remainder. If the electoral lists of two or more parties have equal fractional parts, the electoral list of the party that received the higher number of votes cast shall be the first to obtain the additional MP mandate. The distribution of the additional MP mandates shall end upon exhaustion of the total number of MP mandates available in the nationwide election district.

10. The persons who have been elected as MPs shall be determined based on the descending order of the parties’ electoral lists, in accordance with the number of MP mandates obtained by the parties’ electoral lists.

{Paragraph 2 Part 10 Article 98 was invalidated as unconstitutional pursuant to the Constitutional Court Decision № 8-rp/2012 dd. 05.04.2012}

If in the process of establishing the election results the Central Election Commission discovers that a person was elected as an MP due to being on an electoral list in the nationwide district as well as in a single-mandate district, the person shall be deemed elected in the single mandate district. In such a case, the Central Election Commission shall adopt a decision recognizing him or her as one who has not obtained an MP mandate in the nationwide district and shall recognize the MP coming next in the electoral list of the respective party to have been elected as an MP.

11. After establishing the number of MP mandates obtained by the parties that nominated MP candidates in the nationwide election district and determining, pursuant to the requirements of Part 10 of this Article, the persons elected as MPs, the Central Election Commission shall enter into the protocol on the results of the election of MPs in the nationwide election district: 1) the total number of votes cast for MP candidates included in the electoral lists of the parties that received five or more percent of all votes cast; 2) the electoral quota; 3) the number of MP mandates obtained by each of the parties that nominated MP candidates in the nationwide election district; 4) the last names, first names (all first names), and patronymics (if any), year of birth, educational attainment, position (occupation), place of employment, place of residence, party membership, as well as the nominating entity of the elected MPs.

12. The protocol of the Central Election Commission on the results of the election of MPs in the nationwide district shall be completed in two copies. The protocol shall be signed by the Head, the Deputy Heads, the secretary and other members of the Central Election Commission present at the meeting of the Central Election Commission and shall be affixed with the seal of the Central Election Commission. The protocol shall specify the date and time (hour and