Only those citizens of Ukraine who regularly live at the proper territory and have the registration of the permanent place of residence at the territory of a proper village, town or city have the right to participate in the election.
The court made such statement after the consideration of the cassation appeal in which the claimant-internally displaced person asked to recognize the decision of the holder of State register of the voters to refuse the satisfaction of the application on the change of the election address in the register as illegal and asked to oblige the defendant to enter such data according to the information about the location of the claimant as IDP.
It is noted that the claimant appealed to the defendant with the application to include him in the list of the voters at the local elections and got the refusal based on the fact that the claimant did not provide the documents that confirm his belonging to the local territorial community, the certificate on the registration of the IDP was not taken into account during the consideration of this issue.
The Supreme Court agreed with the position of the holder of State register of the voters as only those citizens of Ukraine who belong to the proper territorial community and living within the proper electoral district have the right of the vote at the elections of the MPs of the city councils, elections of the city mayor.
The electoral address of the voter is defined according to the registered place of the resident and address of the living of the voter according to the law “On freedom of the movement and free choosing of the place for living in Ukraine.”
At the same time, the place of the registration should not be temporary.
Thus, according to law “On provision of the rights and freedoms of the internally displaced persons, the certificate on the registration of the IDP proves his place of the resident only for some period of time, so it is not permanent but a temporary place of living. The court decided that such registration cannot become the ground for the provision of the right for the participation in the local elections at this territory.