On October 16, 2013 Civil Network OPORA has launched a large-scale monitoring campaign in 5 problematic districts, which includes long- and short-term observation. The organization will attract more than 600 activists to conduct the parallel vote tabulation and qualitative observation during the Election Day. OPORA will systematically inform the public about the course of election campaign, as well as whether subjects of the election process observe the electoral legislation, officials participate in the race, and all the interested parties adhere to generally recognized international standards. The organization is also planning to secure on-line broadcasting from the DECs during receipt of protocols of precinct election commissions. Large-scale civic observation is aimed to prevent violations and abuses during the vote count process.
Introduction
The CEC couldn't determine the results of voting, held on October 28, 2012. Unfair political struggle, abuses and unlawful activities committed by some members of election commissions, as well as the destruction of electoral documentation, have distorted the voting results. The CEC refused to take into consideration protocols from polling stations, which were at disposal of the subjects of the election process. Later on, the party in power and opposition factions were involved in a harsh political confrontation regarding the announcement of the election date in 5 problematic districts. As long as the effective legislation doesn't provide any procedure to announce the elections when it's impossible to determine results of the previous, only the Verkhovna Rada of Ukraine could regulate this issue. However, the appointment of special elections in 5 districts was rather forced by requirements of the European Community before signing the EU-Ukraine association agreement, than agreed by the parliamentary factions.
We remind that during the election process, which was launched on October 16, the effective legislation is being improved with consideration of the Venice Commission and OSCE/ODIHR recommendations regarding the Law of Ukraine On Elections of People's Deputies of Ukraine. Consultations with Ukrainian and international experts and parliamentary factions are organized by the Ministry of Justice.
Hazards and challenges of the election campaign
Although electoral legislation and procedural guarantees of its application influence the future election campaign to the certain extent, main factors which can jeopardize the election process and results are the following: 1) officials who abuse their powers and illegally participate in the election campaign; 2) increased impact of financial resources during short special election campaigns; 3) widely spread practice of registering technical candidates in order to create imbalance of powers in election commissions.
Creation of district and precinct election commissions will become the first test on the level of political pluralism on future re-election and their ability to remain unbiased. The effective procedure of drawing lots, when all the subjects of the election process draw lots one time for all the DECs, may result in excessive number of so-called technical parties in the membership of election commissions. Such technical parties tend to substitute the majority of their members in DECs and PECs, what negatively effects the preparation and conduction of the elections. In result of improper formation method and constant substitutions, nonprofessional collegial bodies were created in 2012, which later passed contradictory and often illegitimate decisions during the establishment of voting results in problematic districts.
Nontransparent financing of electoral campaigns is another unsolved problem, which affects the election process quality. In 2012, Civil Network OPORA has conducted a monitoring of candidates' expenses in 3 pilot districts and ED #224 (Sevastopol city), which have proved that financing plays crucial role in political processes. Nontransparent financing is favorable for using unlawful campaigning methods: voter bribery, and hidden advertising in the media. The fact that there are no sanctions for violation of regulations governing campaign financing make the situation even worse.
The adoption of the Draft Law #3396 on Making Amendments to Some Laws of Ukraine on Improvement of Electoral Legislation, submitted by Oleksandr Yefremov and Volodymyr Oliinyk in the course of election campaign may also negatively influence it. Although the draft law is called to improve considerable drawbacks in the effective law and fulfill the EU recommendations, the amendment of legislative base after the start of election campaign is contradictory to international standards. According to the Code of good practice in electoral matters, the amendment of electoral legislation shall not be done in less than a year before the elections. The abovementioned draft law doesn't provide that it will come into effect after the re-election, particularly after January 1, 2014.
If regulations, which are secured by the draft law submitted by Mr. Yefremov and Mr. Oliinyk will be applicable to the re-election in 5 districts, the DECs will receive additional powers: the right to register candidates in single-mandate election district, to cancel registration of candidates and approve the wording of ballot papers for voting in single-mandate district. As long as violations, which caused cancellation of voting results in 5 districts by the CEC, were committed by DECs, the election process will be out of control if the DECs will additionally receive the abovementioned powers.
Besides that, the draft law #3396 provides that candidates can register in the DEC after showing their documents personally. The effective law doesn't contain such a requirement. It's widely known that Viktor Romaniuk, who is staying in Italy now, and cannot cross Ukrainian border threatened by criminal persecution, has intent to stand as a candidate of the AUU Batkivshchyna in ED #94. Therefore, reasons for introduction of such regulation, which wasn't recommended by international or Ukrainian experts, are rather political than legal.
Pre-election campaigning
Before the election campaign has officially started, the candidates remained not very active. In contrast to the regular 2012 Parliamentary elections, when potential candidates conducted a large-scale campaigning in 6-12 months before the Election Day, pre-election campaigning was almost absent before the election in 5 problematic districts. It's due to the undetermined election date and no evident competitors. However, the election district #194 is an exception. Two potential candidates, Valentyna Zhukovska and Mykola Bulatetskyi, continued their public activities after the last election campaign.
Parties, which are going to nominate their candidates in single-mandate districts, have different tactics. While the AUU Batkivshchyna and AUU Svoboda have already informed that the list of candidates will be the same as in 2012, the Party of Regions is still keeping the names of its candidates in secret. Keeping the list of candidates unchanged is a demonstration of political firmness of the united opposition, and their constant activeness is aimed at preserving their voters. The government, on the contrary, is going to focus on electoral tastes in the districts and play through formal self-nominated candidates, similarly to 2012.
Election district #94 (Obukhiv city, Kyiv oblast)
AUU Batkivshchyna has announced that Viktor Romaniuk will be again nominated in district #94. On of the largest conflicts during campaign may become registration of this candidate, who is staying now abroad because a number of criminal suits were brought against him.
A former MP Ostap Semerak, who was elected to the VRU by party lists of the Yuliia Tymoshenko Block, is publicly active in the district. A possible substitution of Viktor Romaniuk by Ostap Semerak is reported in the Kraina magazine, which recent number has a portrait of the politician on the cover and biographic materials inside.
It's also possible that Oleksandr Moroz, Yurii Karmazin and others will participate in the elections.
Election district #132 (Pervomaisk city, Mykolaiv oblast)
Andrii Kornatskyi, nominated by the AUU Batkivshchyna, remained present in informational materials in the district, participated in local events. Local media systematically published positive and negative pieces of information about Andrii Kornatskyi. Besides that, materials with black PR features were noticed against the potential candidate of the AUU Batkivshchyna. The other politicians didn't show their intention to participate in the race before the special elections started.
Election district #194 (Cherkasy city)
Mykola Bulatetskyi, nominated by the AUU Batkivshchyna, remains active in local political life. He was regularly holding press-conferences, public events, and initiated demonstrations. Valentyna Zhukovska remained the main competitor of Mykola Buletskyi. In 2012, she was standing as a self-nominated candidate. She was actively and systematically using outdoor advertising, initiated social events and civil consultations regarding the city problems.
Viktor Paramonov, who was nominated by the Party of Regions on regular 2012 Parliamentary elections, announced that he's not going to participate in the campaign. Instead, the MP of Cherkasy city council, Head of the Ecology and Social Protection deputy faction Volodymyr Mamalyha, who had removed his candidacy in favor of Mykola Bulatetskyi in 2012, announced that he's ready to the race. Oleksandr Radutskyi, a non-faction deputy of Cherkasy city council, has initiated an informational campaign against activities of Valentyna Zhukovska who holds a position in the AZOT PJSC.
Election district #197 (Kaniv city, Cherkasy oblast)
Leonid Datsenko (AUU Batkivshchyna) was active in the district during the last year. His competitor, a self-nominated Bohdan Hubskyi, hasn't announced his final decision regarding participation in the elections yet. Leonid Datsenko announced that the City Mayor of Kaniv city is under the pressure of law-enforcement bodies due to the upcoming elections.
Election district #223 (Kyiv city)
Yurii Levchenko, nominated by AUU Svoboda, is the only politician publicly active in the district. He is holding meetings with voters, disseminates party materials, participates in demonstrations against the construction which is not supported by the citizens etc. AUU Svoboda is unfolding a network of activists, and the MP Andrii Illienko is going to be the Head of election headquarters.