On October 20, 2009, the decision of the Constitutional Court of Ukraine was made public in the case based on the constitutional petitions of the President of Ukraine and 48 People's Deputies of Ukraine regarding the constitutionality of certain provisions of the Laws of Ukraine "On Elections of the President of Ukraine", "On the State Register of Voters", "On Amendments to Certain Legislative Acts of Ukraine Regarding the Elections of the President of Ukraine" and the Code of Administrative Procedure of Ukraine (case on amendments to certain legislative acts of Ukraine regarding the elections of the President of Ukraine) (No. 26-rp/2009).
The Constitutional Court of Ukraine recognized as unconstitutional a number of provisions of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Elections of the President of Ukraine", in particular, the granting of the possibility to vote at foreign polling stations only to citizens who are on consular registration; regarding the requirement for a candidate for membership in a district or precinct election commission to reside within the boundaries of the respective territorial districts or the city on whose territory this district is located; the prohibition to apply to the Central Election Commission with complaints concerning the preparation and conduct of elections of the President of Ukraine on the day of voting and on subsequent days of the election process; regarding the leaving without consideration of lawsuits challenging decisions, actions or inaction of subjects of the election process that were not considered by the court within two days from the time of the end of voting at polling stations; regarding the impossibility of challenging in court the protocols of territorial (district) election commissions on establishing the results of voting within a territorial election district during the elections of the President of Ukraine, People's Deputies of Ukraine, as well as protocols on the counting of voters' votes at a polling station and certain others. However, voting on the basis of absentee certificates will not be conducted, because for voting at the place of temporary stay (including in connection with a business trip), a procedure is provided for submitting a notification to the body maintaining the Register about a change of voting address. Thus, it is provided that the body maintaining the Register, which received such a notification, enters into the Register database the appropriate official marks regarding voters who will not vote at their voting addresses due to their inclusion in the voter lists at other polling stations.