Lviv Oblast: Mykola Shchur On Features of Work of DEC and Preparation for Election

— Mykola, both at the presidential election in 2010 and the local one of the same year, district commissions experienced problems with logistics. What is the situation of this matter today?

— The situation, unfortunately, hasn't really improved. In our commission, we have a problem with computers and the fax. There are two computers but already rather old and ineffective. And the fax is simply not working. Also, there are problems with the office for the commission. Because of improper condition of the walls and teh floor, the office is cold and damp. It came to the point that we had to pound the pavement in many offices just to get a banal padlock for the door. It is all about red tape. Until our request will go round all the offices and get to the right person, it will be a week or even more.

— The most burning question for today — the formation of the PEC. How did this procedure go here? Were there any submissions from different parties of the same person?

— Answering the last questions, I will say that there were such cases. This concerns the submission of candidacies from the parties which I call „dummy“. The procedure of the submission of candidacies and the formation went relatively quiet. As to any incidents or violations, there were no such, except one case — when a young lady brought a submission with a power of attorney for a completely different person. We didn't buy her saying that she was “the sister of the person for whom the power of attorney was registered” and remarks of some members of the commission “let's accept these documents, look what a pretty young lady”. We waited for three hours for the person for whom the power of attorney was issued to come.

 — During the voting for the regulation on determination of management of a PEC, the DEC didn't support the project prepared by you and the Deputy Head by the majority of votes but took on its own allocation. Moreover, the decision was taken already on 27 September. Why the commission didn't agree to your draft regulation? What are the criteria for the allocation of managerial positions that you used? What are the criteria that other members used? Does the approved alignment consider interests of all the participants of electoral process?

 — Yes, indeed, the Deputy Head and I had worked on the project of this regulation for 2 days having processed each and every submission of the participants of the electoral process. The main criterion of the selection of management of a PEC was work experience at an election; we also considered age, employer, and position held. At the stations situated in Vynnyky and Rudne, residence in the aforementioned locations was an additional criterion.  Also, we tried to consider the political dimension — in one election commission, all managerial positions not to be taken by representatives of one political force (taking into account the „dummy“ parties). When preparing this proposal, we were ready to consider proposals of all commission members, and, in general, did to openly.

However, 12 members of the commission, without any motivation, rejected the draft. The Head announced a break for the preparation of a new draft regulation. This break lasted until midnight but no one was handed a draft directly; only new management was announced. Before voting for the formation of the PEC, the commission members took up the matter of the criteria of formation of this proposal, and how it differed from the previous draft regulation. They got the answer that proposals of the Sea, Communist, and Liberal Parties were considered here. After the discussion and long announcement of such a proposal, at 1.45 on 27 September 2012, it was voted to.

So, the formation of precinct election commissions took place with the outrage of the Law of Ukraine On Elections of People's Deputies of Ukraine, in particular, Section 1, Article 28 — the deadline of PEC's formation was violated, and Sections 3 and 4, Article 3 — as interests of all participants of the electoral process weren't considered. As a result, people without experience were assigned to managerial positions, who didn't even want to take the responsibility of management in the commissions, which makes further organisation of the electoral process in the election district more problematic.

— What about webcams at the stations? How will PECs solve the problem of Internet connection at the stations provided that the the telephone company at the station is a private company FARLEP, or any other?

— And what's the problem? They will connect to the Internet in the same manner as other commissions. There is Sitronix Informatsiyni Tekhnolohiyi Ukrayina (Information Technologies Ukraine) Company, which the Cabinet of Ministers of Ukraine has chosen as the project executor of video broadcast and recording of the election in Ukraine. And this company, in turn, ordered provision of Internet services from the companies Ukrtelekom, Kyivstar, and others. At the stations where there are lines of Ukrtelekom, its connection will be used. And where they are absent, satellite and mobile connection will be used.

— Let's return to the work of DECs. What guide the commissions in the choice of paid positions in a commission?

— Nothing. The law stipulates that a paid position in a commission can be occupied by Head, Deputy, Secretary, or other commission members. Accordingly, most commissions determine these persons independently. There are no criteria. However, there are no other benefits for these persons, expect the funds received, of course.

— And what guides the commission in the choice of a printer for printing the necessary data?

Here, the regulation of the CEC No.124 of 25 July 2012 is in force, where requirements for such printing materials are clearly stipulated. In accordance with these requirements, we choose a printer. Personally, I offered two printers to our commission, which I have already worked with and can rely on. The commission voted to one of them. Whether representatives of other commissions in the oblast choose the same printer or not, I don't know.

— The question you are probably asked at every election — were there any attempts of pressure or bribery of members of the DEC on behalf of various political forces?

— I haven't heard of any. How strange it is (laughs).

— Were there any lawsuits in the work of your DEC? Which if any?

‏Yes, we had one lawsuit on the results of the first meeting. Back then I wasn't Secretary of the commission. And Deputy Head was another person. Then, the commission, headed by the Deputy Head, at the first meeting, refused to consider the submission of the observers of the Party of Regions, and, basically, it was the right thing to do since to consider a submission, it needs to be processed first. The representative of this political force appealed to court, and the court granted his motion having found omission of the Chairman unlawful.

— Do you have any concerns about the election day in your district?

— I think everything will go smoothly. The only thing that bothers is dummy candidates among the members of the PEC. It is clear that the parties will make the replacement of members. However, this is not such a quick process. The motion has to reach Kyiv, it has return with appropriate candidacies for replacement — it will take some time. When shall the PEC work then? After all, the longer people will work together in the commission, the more coordinated their work will be. If the commission isn't „trained“ it will be having a hard time on the election day.

— What are the features of work of a DEC member in Lviv Oblast? Does it differ from work in other oblasts of Ukraine?

— Not at all.

— If you were an official observer what you would pay attention to first thing during the monitoring of the electoral process?

— First of all, I would focus on logistics and the condition of offices for PECs. In our district, even in the city of Lviv, there are PECs where the floor in the offices is in such condition that it is scary to walk over it.

— In your opinion, are the campaigns of monitoring of the electoral processes in Ukraine effective?

— I think that now only OPORA conducts effective monitoring. Your advantage is that you know the process and take up the right matters. As to the observers of political forces, their weakness is the absence of experience and overall coordination of the process. An observer in one raion doesn't know what is happening elsewhere. Respectively, such observation doesn't show the overall picture or trends.