OPORA's observers didn't say there was direct or indirect voter bribery organized by Volodymyr Zelenskyi, but commented campaigning rules for candidates for the President of Ukraine. There are no grounds today for dissemination of information about voter bribery organized by the candidate.
However, it is important for each candidate to guarantee a transparent campaign financing. To ensure electoral standards, candidates should not organize any de-facto campaigning events, which are not related directly to the election process, and financed from other sources than electoral funds. This will help to guarantee equal opportunities for the candidates and efficient oversight of campaign expenses made from electoral funds.
OPORA would like to draw attention of candidate for the President of Ukraine Volodymyr Zelenskyi to the fact that it's necessary to prevent any violations of electoral legislation during organization of concerts by the Studio “Kvartal 95”, where he participates personally, as well as the “League of Laugh” Producer Center.
Legal assessment of concerts, in which the candidate or his representatives participate, is based on determination of whether campaigning is present or not during such events. Thus, OPORA's observers didn't notice direct campaigning on concerts of the Studio “Kvartal 95”, but materials containing features of campaigning were demonstrated or disseminated on events of the “League of Laugh” Producer Center (Kyiv and Odesa oblasts.
According to the Article 58 (1.7) of the Law of Ukraine on Election of the President of Ukraine, campaigning may be in a form of concerts, performances, sport events, film shows, television broadcasts, and other public events organized in support of a party, which is a subject of an election process, or a candidate for the President of Ukraine, or announcement of information about such support. At the same time, financing of campaign events or materials from other sources than electoral funds is forbidden (Article 37 (3)).
Candidate for the President of Ukraine has a right to assist in organization of concerts, what is a form of legal campaigning. However, such campaigning events must be financed from electoral fund account of the candidate.
Thus, if any campaigning is held during concerts of the Studio “Kvartal 95” or the “League of Laugh” Producer Center, the candidate must finance them from his electoral fund account, or avoid any campaigning during these entertaining events.
We would like to emphasize that each candidate should stick to the standards of transparent campaign financing, besides legal requirements. Even though participation of a candidate in concerts or any other events is not direct violation of the law, it is important to avoid factual financing of de-facto campaigning from other sources than electoral fund account.
OPORA calls on the candidate for the President of Ukraine Volodymyr Zelenskyi and his representatives to explain the criteria used for dissemination of invitations (tickets) to free concerts of the Studio “Kvartal 95”. Observers do not have the access to complete information on this question.
It is important that no urges to vote for the candidate Volodymyr Zelenskyi were present during dissemination of these tickets.
If there is any campaigning for the candidate during dissemination of tickets to a free concert, which has a paid equivalent, this may be characterized as violation of the law. According to the Article 4 (6) of the Law of Ukraine on Election of the President of Ukraine, it is forbidden to conduct election campaigning, which includes giving voters money or goods, for free or on preferential terms.
OPORA has an intention to conduct meetings with candidates for the President of Ukraine to discuss the transparency of campaign financing.