The right to participate in local elections is available only to those citizens of Ukraine who permanently reside in the respective territory and have a permanent residence in the territory of the respective village, town, city.
This was reported by the press service of the Supreme Court, which examined the cassation case of a civil case on the suit of the Department of the State Register of Voters on the restoration of electoral rights, writes UP.
It is noted that the plaintiff asked to recognize as illegal the decision to refuse to satisfy the application for changing the electoral address in the State Register of Voters and obliged him to enter new data on registration as an internally displaced person.
The document states that the plaintiff applied to the State Register with a request to include him in the list of voters in local elections and was refused, based on the fact that there are no documents confirming her belonging to the local territorial community.
At the same time, a certificate of registration of IDPs was not taken into account when considering this application.
"The Court of Appeal, having quashed the decision of the court of first instance, adopted a resolution refusing to satisfy the claims," ??reads the statement..
Also, the press service adds that the Supreme Court agreed with the decision of the Court of Appeal on the grounds that the citizens of Ukraine who have the right to vote in accordance with Art.. 70 of the Constitution of Ukraine, and belong to the corresponding territorial community, and live within the respective constituency.
"The voter's electoral address is determined by the registered residence and the address of the voter's housing in accordance with the Law of Ukraine" On freedom of movement and free choice of residence in Ukraine ", the court said..
At the same time, they noted that the place of registration should not be temporary.
The court explained that the territorial community includes residents united by permanent residence within the village, township, city, which are independent administrative-territorial units, or a voluntary association of residents of several villages with a single administrative center (art.. 1 of the Law of Ukraine "On Local Self-Government in Ukraine").
So, according to the decision of the Supreme Court, the IDP certificate, which shows the place of residence only for a certain period, that is not always, and such registration can not serve as a basis for the right to participate in local elections in this territory.
Let's remind, local elections in Ukraine are planned for 2020.