Elections are impossible under martial law. However, this is the time to work on cases from previous campaigns.
Thus, law enforcement agencies and judicial bodies continue to investigate electoral offenses. OPORA found that 16 verdicts were announced in 2022-2024. Most of them are concerned about the illegal use of ballot papers.
Despite the martial law, the courts continue to consider cases of criminal offenses in the context of elections. Civil Network OPORA followed court decisions published in the Unified State Register of Court Decisions. According to the results of monitoring since the beginning of 2022, 16 sentences have been verified in the register under the following articles of the Criminal Code:
- Art. 157 (Obstruction to the use of voting rights or the right to participate in a referendum, work in election commissions or referendum commissions, or as an official observer) - 4 sentences;
- Art. 158 (Provision of false information to the State Voter Register administration body or other unauthorized interference with the work of the State Voter Register) — 3 sentences;
- Art. 158-1 (Illegal use of a ballot paper, referendum ballot paper, voting by a voter, referendum participant more than once, theft, damage, concealment or destruction of a ballot paper, referendum ballot paper) — 7 sentences, one of which was announced based on the results of the appellate review;
- Art. 158-3 (Falsification, forgery, theft, damage or destruction of election documentation, referendum documentation, theft, damage, concealment, destruction of the seal of the election commission, referendum commission, ballot box, voter list or referendum participants) — 2 sentences;
- Art. 160 (Bribery of a voter, referendum participant, member of the election commission or referendum commission) — 2 acquittals.
OPORA will continue to monitor judicial practice and explore the problems of law enforcement and judicial practice in order to ensure the inescapable punishment for electoral offenses.
Other OPORA's materials related to the monitoring of judicial practice: