The fact that parliamentary factions still didn't manage to come to an agreement on organization of re-election in 5 problematic districts not only threatens implementation of proper law-making practices and realization of citizen right to choose and be chosen, but also may hinder signing Association Agreement between Ukraine and the EU. Such opinion was stated by the Election Programs Coordinator of the Civil Network OPORA Olha Aivazovska during an open discussion between the public and parliamentary parties titled "What the Parliament should do in order to properly organize the election of deputies in 5 problematic districts?", organized by the International Foundation for Electoral Systems (IFES) and OPORA on June 10.
Oksana Kaletnyk (the Communist Party of Ukraine) said that the CPU Faction is ready to vote for calling the elections on August 18. Pavlo Petrenko (AUU Batkivshchyna) and Valerii Karpntsov from the UDAR proposed to call elections in October 2013, but Ihor Miroshnychenko from AUU Svoboda emphasized that his faction nay compromise and agree to conduct elections in September.
Experts are convinced that the problem of proper organization of the elections may be solved by amendments to the electoral legislation. They have assessed the bill drafted by the Ministry of Justice on Making Amendments to Some Laws of Ukraine on Improvement of Electoral Legislation, which was developed to fulfill the Action Plan for Ukraine's integration with the EU in 2013.
Experts are convinced that the problem of proper organization of the elections may be solved by amendments to the electoral legislation.
Widening the powers of district election commissions, restricting the membership of "technical" political parties in election commissions, elaboration of detailed requirements for the electoral district formation, setting maximum size of electoral funds for political parties and candidates, strengthening the rights of foreign observers — such amendments to the Law on the Elections the Ministry of Justice of Ukraine proposed.
According to Oleksandr Kliuzhev, analyst of the Civil Network OPORA, regulations of the bill concerning restrictions for the membership of "technical" political parties in DECs and PECs, as well as improvement of drawing lots procedure, may be fully supported.
Amendments concerning district formation procedures, restrictions on the election campaigning, regulations on mass media coverage, giving foreign observers and observers from international organizations the right on obtaining copies of vote counting protocols etc, worth positive assessment.
Draft Law doesn't solve the problem of voter bribery, widely noticed in 2012. A proposition on setting maximum size of electoral funds for political parties and candidates may be adopted with some restrictions.
OPORA is convinced that amendments on giving DECs the right to register candidates in single-member districts cannot be supported. An initiative concerning limitation of the right of citizens which live or stay in foreign countries to vote only in nationwide election district is quite doubtful. This issue should be thoroughly considered in order not to avoid undue restrictions of constitutional rights of citizens.
David Anis, Director of the International Foundation for Electoral Systems, emphasized the problems of electoral commissions, which are working unprofessionally, according to him.
Volodymyr Kovtunets, expert of the Election Law Institute, is convinced that fundamental amendments to the election legislation, like setting maximum size of electoral funds for for political parties and candidates, shouldn't be established. "First of all, we should correct mistakes in the law and regulate the procedure in parts that caused problems, for example the admission of electoral documentation by district election commissions," – the expert said.
Oleksandr Chernenko, Head of the Board of the Committee of Voters of Ukraine, emphasized that the Ministry of Justice didn't take in consideration all the recommendations of the OSCE/ODIHR, and the Election Code is still unprepared.
OPORA emphasizes that amendments of the Law of Ukraine on Elections of People's Deputies of Ukraine should be adopted simultaneously with a number of other important legislative acts in this sphere. In particular, these are regulations on territorial organization of elections and preliminary trainings for members of election commissions. It is also necessary to bring Regulations of the electoral legislation in an exact correspondence with the Criminal Code, the Code of Administrative Offenses, and other laws.
