7 NGOs involved in electoral matters, human rights protection, and mass media, have proposed to prepare and adopt the unified Election Code. Olha Aivazovska, Electoral and Political Programs Coordinator of the Civil Network OPORA, has aired remarks and propositions during the Roundtable on reforming Electoral legislation in Ukraine, organized on June 20 by the EU Delegation to Ukraine.
In April, the Ministry of Justice of Ukraine has published the Draft Law of Ukraine on Making Amendments to Some Laws of Ukraine on Improvement of Electoral Legislation, and on May 21, it has published supplementary propositions to the bill concerning optimization of financing the election campaign. Abovementioned draft laws are in correspondence with most recommendations of the OSCE/ODIHR, given in the Final Report of the OSCE/ODIHR Election Observation Mission for 2012 Parliamentary elections.
Civil Network OPORA, Election Law Institute, Committee of Voters of Ukraine, Agency for Legislative Initiatives, Internews Ukraine NGO, Ukrainian Center for Independent Political Research, and Center for Political and Legal Reforms have expressed their suggestions for improvement of electoral legislation, which amendment is an integral part of preparations to signing the EU-Ukraine Association Agreement. It was proposed to prepare and adopt the unified Election Code, a draft of which has received approving comments of the Venice Commission and may be taken as a basis.
The organizations have proposed to develop and make amendments to the Law of Ukraine on the Elections of Deputies to the Verkhovna Rada of Autonomous Republic of Crimea, Deputies of Local Councils, Village, Town and City Heads. Such amendments will be directed on unification of three laws on elections. For example, it's necessary to delete a norm regulating cancellation of candidate's registration on the basis of some notifications about violation of the election legislation from the territorial election commission, as long as it is an extrajudicial procedure which deprives a person of the passive election right and is contradictory to the Constitution.
Besides that, it was proposed to support regulations of the Law on Making Amendments to Some Laws of Ukraine on Improvement of Electoral Legislation, pertaining to the formation of election commissions. In particular, nomination of candidates to the DECs and PECs by parties, which have nominated a candidate in the corresponding election district, and drawing lots among candidates from subjects of nomination in every DEC separately.
Olha Aivazovska has emphasized that it's necessary to include a regulation which secures drawing of lots in every DEC separately, and the procedure of the PEC formation, what is not provided by the draft law of the Ministry of Justice.
The Central Election Commission shall be responsible for: registration of candidates, control over expenses of parties and candidates, approval of the text, color, and content of ballot papers, production of ballots; taking decision on giving a warning to a party or candidate in a single-mandate election district.
Authority of the DEC, concerning the registration of authorized persons and proxies in single-mandate election district, shall be widened.
Since the CEC can change boundaries and centers of districts, the public will be able to demand elimination of previously made defects. Three-month period for reconsideration of election boundaries by the Central Election Commission will prevent excessive politicization of the process.
Civic organizations have also proposed to include recommendation of the OSCE/ODIHR concerning limitation on purchase of mass media advertising. Besides that, the outdoor advertising should be banned or limited during the election process.
The full text of proposals and comments on amendments to the election legislation is available here.
