Civil Network OPORA is conducting a large-scale monitoring campaign in 5 problematic districts, which includes long- and short-term observation. The organization has attracted more than 600 activists to conduct the parallel vote tabulation and qualitative observation during the election day. OPORA has systematically informed 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. Civic observation is aimed to prevent violations and abuses during the vote count process.

          Introduction

               Election campaign in five single-member districts was quite active. Campaigning activities of the candidates have secured quite competitive alternatives for the citizens, and chosen methods were favorable for direct dialog between politicians and the voters. Oppositional parties (AUU Batkivshchyna, UDAR, AUU Svoboda) have consolidated their efforts in promotion of their agreed candidates. However, some disconformities occurred in local offices of oppositional parties due to the fact that the list of candidates remained the same as in 2012. Canceled registration of a candidate Viktor Romaniuk in district #94 became a challenge for the AUU Batkivshchyna, and they had to start negotiations with other parties. The Party of Regions was strategically staying away from the electoral race, and didn't officially nominate any of its candidates. In some districts, the Party of Regions unofficially supports some self-nominated candidates. Strategy of this political force didn't assist to the strengthening of political institutions in Ukraine, and decreased the efficiency of the dialog between the government and the opposition.

               Central Election Commission has properly implemented main stages of the election process. The Commission has improved the procedure of forming district and precinct election commissions, with consideration of gaps in previous elections. The process of candidate's registration was organized, politically unbiased, and without major conflicts. Simultaneously, some drawbacks were noticed in the electoral legislation, which should be considered. The CEC should be obliged to check whether MP candidates have been living in Ukraine for the last five years or not. As we can see from the precedent, established by the court ruling in the case of candidate Romaniuk (district #94), cancellation of candidate's registration through the court is not favorable to the competitive choice for the citizens.

               District and precinct election commissions were timely formed by the CEC, in accordance to the improved procedures. The CEC has contributed to the training of commission members. Simultaneously, DECs and PECs have faced already traditional rotations in membership. The problem of so-called technical parties and candidates in election commissions remained topical. The last problem is not only due to the gaps in the electoral legislation, but also to the level political parties adhere to the principles of competitive and fair elections. Instead, district election commissions have deviated from the legislation in their activities. In particular, the issue concerns the procedures of drawing lots for creation of PECs. OPORA observers negatively assess the fact that commission members are unofficially divided into so-called 'pro-governmental' majority and 'oppositional' minority.

               OPORA observers report systematic abuses, noticed in 3 of 5 districts, which may result in unlawful influence on election results. Most of the violations, classified as voter bribery, are repeatedly detected in district #194 (Cherkasy), #223 (Kyiv), and #94 (centered in Obukhiv city). Observers have delivered the information on incidents to law enforcement agencies, public prosecution, and the CEC. In districts #94 and 132, some incidents of abuse of administrative resource in favor of the certain candidates were noticed.

Registration of candidates for MPs of Ukraine

               Candidates in single-member districts are nominated by parties, or by themselves. The Law on Elections of People's Deputies of Ukraine doesn't require that candidates in majoritarian districts should live in districts were they are nominated. Registration of candidates was implemented by the Central Election Commission. Before the end of the registration period (November 19, 2013), the CEC has registered 207 candidates in 5 single-mandate districts. On repeated elections, Candidates for MPs of Ukraine and political parties, which are subjects of the election process, had the right to submit an appeal to the CEC regarding removal of candidates from the register till December 2, 2013. Till December 4 inclusive, the CEC was obliged to consider these appeals and pass corresponding resolutions. Thus, the registration of almost one third part of candidates (59 persons) was canceled before the election day.

               58 candidates have voluntary removed their candidacies. Such activities of candidates may be a proof of their "technical" function in the electoral process, aimed to gain more representatives in PECs, as long as the latter remain members of PECs even after candidates who submitted their candidacies are removed.

Registration of one candidate was canceled by the CEC on the basis or Higher Administrative Court's rule[1]. Thus, on December 4, Higher Administrative Court ruled that the CEC had unlawfully remained inactive when failed to remove candidate Viktor Romaniuk from register in district #94 during repeated election of MPs of Ukraine on December 15, 2013[2]. In this case, the Higher Administrative Court implemented functions of the court of appeal, as long as on December 1, Kyiv Administrative Court of Appeals has ruled that resolution of the CEC on registration of Viktor Romaniuk as MP candidate was unlawful[3]. Kyiv Administrative Court of Appeals has determined that Mr. Romaniuk has violated the Article 76(2) of the Constitution of Ukraine and the Article 9 of the Law of Ukraine on Elections of People's Deputies of Ukraine, which require residing in Ukraine for the last five years. According to the Specific Information Processing Center of the State Border Guard Service of Ukraine, Viktor Romaniuk was residing abroad for 309 days, from December 15, 2012 to November 29, 2013 (270 days on the moment he was registered as MP candidate). Higher Administrative Court has determined that the candidate doesn't comply with durational residency requirement. However, the courts have chosen different ways to protect violated rights and interests. While the first instance court decided to cancel the Resolution of the CEC #226 of October 26, 2013 concerning the registration of Viktor Romaniuk as a candidate for MP of Ukraine, the court of appeal obliged the CEC to cancel the very same Resolution.

OPORA is convinced that the fact that the CEC is not obliged but only has the right to verify candidate's duration of residency in Ukraine, is another gap in the electoral legislation. According to the Article 60(1.7), the CEC shall refuse to register MP candidates, if there are circumstances which deprive such individuals of the right to be chosen as MP of Ukraine, including compliance with durational residency requirement. However, as long as the CEC is not obliged to verify the information in documents, it had registered Viktor Romaniuk as MP candidate, on the basis of registration of the place of residence.

Besides that, decision of Kyiv Administrative Court of Appeals was contradictory because the court went beyond the time limit for appealing the decision of the CEC (established by the Article 109 on Elections of People's Deputies of Ukraine and Article 179 of the Code of Administrative Procedure of Ukraine). However, in similar situation, the very same Kyiv Administrative Court of Appeals refused to consider statement of a claim, submitted by self-nominated candidate Oleksii Arseniuk[4], concerning passivity of the CEC when it was necessary to verify registration data of MP candidate from AUU Batkivshchyna Mykola Bulatetskyi, as long as it was submitted beyond the deadline for appealing against the corresponding Resolution of the CEC.

Thus, according to the CEC, there are 151 MP candidates participating in repeated elections, including 43 nominated by parties and 108 self-nominated.

SMD #94 (centered in Obukhiv city, Kyiv oblast) – 38 candidates

SMD #132 (centered in Pervomaisk city, Mykolaiv oblast) – 11 candidates

SMD #194 (centered in Cherkasy city) – 16 candidates

SMD #197 (centered in Kaniv city, Cherkasy oblast) – 16 candidates

SMD #223 (centered in district Shevchenkivskyi, Kyiv city) – 70 candidates

The largest number of candidates is registered in district #223 – 70 persons. The large number of candidates are running in district #94 – 38 persons. In this district, 47 candidates were removed from the register. The smallest number of candidates is registered in district #132 – 11 persons. If to compare the number of candidates on these elections to their quantity on 2012 parliamentary elections, the number of individuals fighting for mandates in districts #94, 132, 194, 223 has increased. However, in district #197 the number of candidates has decreased.

The CEC has also refused to register 58 MP candidates because they failed to submit some documents or information, particularly: consent of MP candidate to promulgate biographic information; unsigned obligation to stop activities, incompatible with the mandate, in case candidate is elected; absence of autobiography in an electronic format; absence of the corresponding date of application for registration as a candidate; no document confirming that the monetary pledge was paid; no phone number, information about party affiliation, or civic activities (including those conducted as elected officials). According to the Law of Ukraine on Elections of People's Deputies, errors and inaccuracies in documents, submitted by candidates, shall be corrected cannot be a reason to refuse their registration. Candidates shall correct the corresponding errors and inaccuracies within two days after the documents were submitted (Article 50(3)).

The problem of so-called "candidates-doubles" or "clones" of well-known or highest rated politicians remains quite urgent, as long as their presence in ballots may confuse the voters. In particular, three persons with surname Levchenko were registered in district #223, but only Yurii Levchenko nominated by AUU Svoboda conducts campaigning events. A self-nominated candidate Andrii Levchenko has provided the following employment information, which will be included in ballot papers: Head of Analytical Department of the Svoboda Union NGO. According to OPORA observers, Svoboda Union NGO was created after Andrii Levchenko submitted his document for registration as a candidate for MP of Ukraine[5]. Simultaneously, there are self-nominated candidates in district #94, whose names fully coincide with names of famous politicians and former MPs of Ukraine Serhii Vlasenko, and Ostap Semerak. A candidate Viktor Romaniuk, who has received the biggest number of votes during regular elections, was removed from the register due to the court decision (as of December 5, 2013), based on non-compliance with durational residency requirement. The latter is not living in Ukraine since December 2013. However, his namesake Romanik Viktor Mykolaiovych is running in the district, and there is a possibility that the voters will be misled and vote for the namesake.

Only two parties, the Communist Party of Ukraine and Radical Party of Oleh Liashko, have nominated their candidates in all five election districts. Candidates from the Ruskyi Block party are nominated in four districts. Batkivshchyna All-Ukrainian Union and the BRATSTVO All-Ukrainian political party have nominated 3 candidates each. The Party of Regions and UDAR political party haven't nominated any candidates. However, while UDAR's reason for having no candidates is explained by coordinated efforts with opposition partners, the position of the Party of Regions is quite surprising, taking into consideration its influence and status in the Parliament.

District election commissions

On October 24, 2013 the Central Election Commission has formed 5 district election commissions with full membership – 18 persons each. 5 members in every DEC is the quota of parliamentary factions, the other 13 were chosen by lottery among subjects of the election process. 44 of 49 parties participating in the elections have submitted candidacies for inclusion into membership of DECs. The CEC has rejected candidacies of two parties – the Blokova Party and the Molod do VLADY party, due to the absence of information about training of candidates, and desired position title. Thus, 42 parties have participated in the draw, in contrast to 81 parties during 2012 regular elections.

Thanks to a new procedure of drawing lots, the parties are better represented in DECs, in comparison to regular parliamentary elections. During the re-election, 86% of parties (36 of 42), which participated in the draw, received their representation in DECs, while only 19 of 81 parties (23%) were represented in DECs in 2012. The Communist Party and the All-Ukrainian Union Svoboda have the biggest number of representatives in 5 DECs, 8 and 6 persons respectively. The CPU and AUU Svoboda received both mandatory seats in DECs and those divided by the draw. The Party of Regions, AUU Batkivshchyna, and UDAR are formally represented by 5 commission members in DECs (one in every district commission).

As of November 12, 2013 59 members of DECs (65 % of the membership) were substituted by parties which are subjects of the election process. The membership of DEC #132 and #194 was substituted for 83 %, DEC #94 - 50 %, DEC #223 - for 72 %, and only 39 % of membership was substituted in the DEC #197. The number of submitted members of DECs was even higher than unprecedented 60% in 2012. Mass and chaotic substitutions of commission members negatively influence the quality of election process in districts.

Formation of PECs during repeated election of MPs of Ukraine

On November 29, the PECs were formed in single-member districts #94, 132, 194, 197, 223. Compared to 2012 regular elections, the DECs used an updated procedure of drawing lots, which secured more even representation of different subjects of the election process in membership of these commissions. DECs #94 and 194 didn't provide OPORA observers with the possibility to observe all the procedures during creation of PECs. DEC #223 didn't meet the deadline for creation of PECs, provided by the Law of Ukraine on Repeated Election of MPs of Ukraine in single-member districts #94, 132, 194, 197, 223. Members of DEC in district #94 from AUU Batkivshchyna, AUU Svoboda, and UDAR claimed that the results of drawing lots in some PECs were unreliable.

Memberships of precinct election commissions (PECs) were the following:

•         For small precincts (up to 500 voters): 10-18 persons;
•         For average precincts (from 500 to 1,500 voters): 14-20 persons;
•         For large precincts (up to 1,500 voters): 18-24 persons;
•         District election commissions passed a decision on creation of regular and special polling stations.

               The biggest number of PECs were formed in SMD #132 (centered in Pervomaisk city, Mykolaiv oblast) – 184 PECs; SMD #197 (centered in Kaniv city, Cherkasy oblast) – 146; SMD #94 (centered in Obukhiv city, Kyiv oblast) – 135; SMD #223 (centered in district Shevchenkivskyi, Kyiv city) – 101. The smallest number of PECs were created in SMD #194 (Cherkasy city) – 83 PECs.

               Till November 27 inclusive, the following political parties and candidates in single-member districts had the right to submit candidacies to the membership of PECs:

•         Political parties, whose deputy factions are registered in the Apparatus of the Verkhovna Rada of Ukraine of the current convocation;
•         Political parties which are subjects of the election process (parties, which have nominated at least one candidate in every of five districts);
•         Candidate for MPs in the corresponding single member district.

               District election commissions were supposed to create district election commissions till November 29 inclusive. Simultaneously, representatives of parliamentary parties (Party of Regions, AUU Batkivshchyna, UDAR, AUU Svoboda) were mandatory included into membership of every PEC. All the other vacant positions were distributed among political parties, which are subjects of the election process in the corresponding district, according to the procedure of drawing lots.

               Such draw was regulated by the Resolution of the Central Election Commission #88 of 4/25/2013[6], which provides new procedures. The DEC created a list of candidates for members of precinct election commission, which may be selected by a draw. This list was arranged in an alphabetical order, and candidates received sequence numbers. The number of lots was supposed to be equal to the largest number of candidates for members of precinct election commissions. Every lot was numbered according to the list of candidacies. According to the order of priority, determined by the draw, candidates were included to the PECs, with consideration of their sequence number in the list. This procedure is considerably different from those used during regular parliamentary elections. In 2012, the sequence number of candidates was determined not by the alphabetical order, but by the date and time when candidacies were submitted to the DEC. Such approach caused unequal representation of subjects of the election process in PECs. The procedure of drawing lots, which was used during repeated election, secured proper representation of different political parties and candidates in election commissions.

               All five DECs (#94, 132, 194, 197, 223) had conducted the draw and formed PECs. Commissions faced the problem of so-called candidates-doubles, and the presence of individuals, which don't have the right to be members of precinct election commissions, in lists of candidates, submitted by subjects of the election process.

               DECs #94, 194, 223 lacked organization during the draw and formation of PECs, and violated some election procedures. DECs #132 and 197 have secured proper implementation of the procedures, in accordance with the election legislation.

Violations

               DEC #194 hasn't secured proper conditions for official observers from civic organizations and subjects of the election process during the draw and formation of PECs. Official observers didn't manage to fully watch all the procedures, due to repeated intervals during meeting of the DEC, and false information about their continuation provided by members of DECs. In result of such disinformation, official observers, subjects of the election process, candidates, and journalists were absent when membership of PECs was announced, and couldn't watch how managing positions were distributed.

               DEC #223 lacked organization during distribution of managing positions in PECs, and, therefore, delayed formation the corresponding commissions. According to the calendar plan of repeated elections, precinct election commissions were to be created till November 29 inclusive. Nevertheless, the DEC, with assistance of the CEC representatives, continued distribution of managing positions in PECs on November 30.

               The formation of PECs in district #94 was accompanied by conflicts between members of the DEC, and shadowed decision-making. Some commission members claimed that there was inconsistency between results of draw, determined by members of DECs, and the results of draw, established by an automatic information and analytical system "Election of MPs of Ukraine". Besides that, it was detected that two candidates for MPs of Ukraine were included into the membership of PECs (a candidate from the People's Initiative party Mykhailo Parfionov, and a self-nominated candidate Yevhen Levchenko). The DEC didn't explain the inconsistency in the results of the draw, and passed the resolution on creation of PECs without even trying to solve the issue.

Representation of subjects of the election process in PECs

               In general, almost 13 thousand of PEC members work in five election districts. Political parties, which have a faction in the current convocation of the Parliament, are best represented in PECs. According to the Law of Ukraine on Elections of People's Deputies of Ukraine, one representative of these parties shall be included into every PEC. If parliamentary factions have nominated a candidate in at least one of the districts, it has the right to participate in the draw for distribution of membership in PECs. Instead, a lot of majoritarian candidates and barely known parties, subjects of the election process, participated in the formation of PECs. As a result, these non-parliamentary parties, their candidates and self-nominated candidates prevail in PECs. On one side, the effective procedure of forming PECs secures representation of all subjects of the election process in membership of the corresponding commissions. On the other side, there quotas of barely known parties and inactive candidates may be used in the interests of main competitors.

Table 1

 "Correlation of parliamentary parties with non-parliamentary, their candidates and self-nominated candidates in membership of PECs"

	District #94	District #132	District #194	District #197	District #223
Total representation of parliamentary parties in PECs	698 persons or 25.5%	1047 persons or 28.8%	488 persons 25.8%	176 persons or 7.8%	537 persons or 24.6%
Total representation of non-parliamentary parties in PECs	744 or 27.3%	2175 60%	1091 57.6%	1846 or 81%	947 or 43.4%
Total representation of candidacies from parliamentary parties in PECs	0	99 or 2.7%	31 1.6%	76 or 3.3%	29 or 1.3%
Total representation of candidcies from non-parliamentary parties in PECs	1290 or 47.2 %	341 9.4 %	281 14.8 %	158 or 7 %	666 or 30.5 %
Total number of PEC members	2,732	3,622	1,891	2,256	2,179

               According to the effective Law of Ukraine on Elections of People's Deputies of Ukraine, members of election commissions remain in authority even in case registration of a candidate who proposed them is canceled. This creates preconditions for using quotas of so-called technical candidates when election commissions are being formed. During repeated elections in 2013, a lot of candidates used their right to form election commissions, and then refused from participation in the race. According to the legislation, members of election commissions, submitted by these candidates, continue to fulfill their duties. It's quite an ambiguous issue, which should be regulated on a legislative level.

Election campaigning in districts: tendencies and forms of activeness

ED #94

               Single-member district #94 includes Vasylkiv and Obukhiv cities, and Vasylkiv and Obukhiv raions. On regular 2012 elections, the approximate number of voters in SMD #94 was more than 151 thousand people. There are 135 polling stations in this district.

                In district #94, 38 candidates are fighting for parliamentary seats. 15 of them were nominated by parties, 23 are self-nominated candidates. Election campaign in this district became challenging for oppositional political parties. AUU Batkivshchyna had to compromise with other political parties after its candidate Viktor Romaniuk was removed due to the non-compliance with durational residency requirement. In result of cooperation, AUU Batkivshchyna, UDAR, and AUU Svoboda announced on December 12 that they jointly support a candidate Oleh Liashko, nominated by the Radical Party. Simultaneously, the candidate of AUU Batkivshchyna, who was removed from the register, called on the voters to boycott the election day.

               The most active campaigners in the district were: Viktor Romaniuk, nominated by AUU Batkivshchyna; self-nominated candidates Ruslan Badaiev and Yurii Karmazin; Andrii Lozovyi, nominated by Radical Party of Oleh Liashko.

               Election campaigning was predominantly conducted in the form of meetings with voters, outdoor advertising, dissemination of campaign materials from tents, concerts, local mass media. According to OPORA observers, self-nominated candidate Ruslan Badaiev is well represented in the media, he conducts meeting with voters in labor groups, and participated in official events of local government bodies.

               Viktor Romaniuk had to conduct meeting with voters through Skype, as long as he moved abroad after criminal proceedings against him were opened in Ukraine. MPs of Ukraine, affiliated in the AUU Batkivshchyna, were also taking part in his election campaign.

               Candidates Yurii Karmazin and Andrii Lozovyi were attracting celebrities to their campaigning events (Alla Kudlai, Nina Matviienko, Ivan Hazera, and other).

               Situation in the district was essentially influenced by resolution of the CEC on removal of the candidate Viktor Romaniuk nominated by AUU Batkivshchyna, passed on December 5 on demand of the Higher Administrative Court of Ukraine[7]. On December 4, Higher Administrative Court has ruled that the Central Election Commission unlawfully remained inactive when failed to remove candidate Viktor Romaniuk from register in district #94 during repeated election of MPs of Ukraine on December 15, 2013. Therefore, the Court has obliged the CEC to pass the corresponding decision and remove MP candidate Viktor Romaniuk from the register[8]. After Mr. Romaniuk was removed from the register, AUU Batkivshchyna, UDAR, and AUU Svoboda decided to jointly support Andrii Lozovyi[9], nominated by the Radical Party of Oleh Liashko. However, Oleh Liashko has submitted an appeal on his inclusion in the AUU Batkivshchyna parliamentary faction before this decions was made.

District #132

               Single-member district #132 includes Pervomaisk city, Arbuzynsk, Bratsk, Vkradiivka, Kryvoozersk, and Pervomaisk raions. The approximate number of voters in 2012 was nearly 150 thousand. Polling stations, which were created in district #184, are located in not the best way for logistics. In district #132, 11 candidates are fighting for parliamentary seats. 5 of them by nominated by political parties, and 6 are self-nominated candidates.

               As for parliamentary parties, only AUU Batkivshchyna and the CPU have nominated their candidates in this district. AUU Svoboda and UDAR have publicly supported Arkadii Kornatskyi. The Party of Regions hasn't nominated any candidates officially. Simultaneously, Mykola Kruhlov, Head of the Party of Regions' office in Mykolaiv oblast who is also the Head of Mykolaiv OSA, is standing as a self-nominated candidate. Internal party conflicts of the AUU Batkivshchyna, connected to the participation of a former Head of Mykolaiv Oblast Office of the party Mykhailo Sokolov, have made the election process even more conflicting.

               Only 2 of 11 registered candidates are actively campaigning: Andrii Kornatskyi (AUU Batkivshchyna) ta Mykola Kruhlov (self-nominated). This two-horse race reflects the confrontation between the government and the opposition, as long as self-nominated candidate Mykola Kruhlov, who is the Head of Mykolaiv OSA, is supported by the Party of Regions. Activeness of the self-nominated candidate in the district Mykhailo Sokolov, ex-member of AUU Batkivshchyna, was quire intriguing. However, on December 4, the CEC has canceled his registration on the basis of his personal appeal. The candidate refused to participate in the race in favor of Arkadii Kornatskyi, nominated by AUU Batkivshchyna.

               Andrii Kornatskyi and Mykola Kruhlov were conducting meetings with voters. According to OPORA observers, Kruhlov was more active during such meetings than Kornatskyi. Candidates had campaigning tents in the district; electoral programs and thematic newspapers were disseminated. Instead, Mykola Kruhlov visits official events of local government bodies as MP candidate.

               Members of Parliament, affiliated in AUU Batkivshchyna, participated in election campaigning of Arkadii Kornatskyi.

               Abuse of administrative resource in favor of the Head of Mykolaiv OSA Mykola Kruhlov was noticed in the district. Mr. Kruhlov is on vacation for the election period since November 1, 2013. Still, officials in local state government bodies are actively involved in his election campaign.

ED #194

               District #194 is the smallest of 5 single-mandate districts, centered in Cherkasy city. It includes 82 regular election commissions; the number of voters, registered for 2012 parliamentary elections, was 150,197 people. There are 16 candidates registered in the district, 5 of them are nominated by political parties, and 11 are self-nominated candidates.

               Mykola Bulatetskyi was officially nominated by AUU Batkivshchyna. He received 40.79 % of votes during regular elections on October 28, 2012 (Valentyna Zhukovska – 25.29 %). Similarly to the district #94, repeated parliamentary elections have caused internal party conflicts in AUU Batkivshchyna. Regardless of the decision taken on party congress, another politician Valentyn Kuzmenskyi, who is the member of Cherkasy City Council, elected in single-mandate majoritarian district from AUU Batkivshchyna, decided to participate in the elections and was registered by the CEC. Instead, there are no officially nominated or supported candidates from the Party of Regions in district #194.

               Unexpectedly, Rector of Kyiv National University of Culture and Arts Mykhailo Poplavskyi became a self-nominated candidate in district #194.

               Mykhailo Poplavskyi, Oleksandr Radutskyi, Oleh Svynarchuk, Andrii Svynarenko and a candidate nominated by AUU Batkivshchyna Mykola Bulatetskyi were holding the most active campaigns in the district.

               Mykola Bulatetskyi (AUU Batkivshchyna) was actively using various forms of campaigning. The candidate was actively holding direct meetings with voters, purposefully visits crowded places, uses public transport, places election campaigning in the media, and holds press-conferences. MPs from oppositional factions are actively participating in campaigning events of the candidate. Self-nominated candidate Valentyn Kuzmenskyi, who is ex-member of AUU Batkivshchyna and Member of Cherkasy City Council, was quite active in the district. In his campaigning, Kyzmenskyi uses symbols of AUU Batkivshchyna. Cherkasy oblast office of AUU Batkivshchyna has removed Valentyn Kuzmenskyi from membership because he had failed to comply with decision of the party regarding nomination of Mykola Bulatetskyi as MP candidate.

               Self-nominated candidate Mykhailo Poplavskyi was actively holding meetings with voters, and visiting universities and hospitals, organizes sport events and entertainments. A stage is permanently located in the center of Cherkasy, where activists conducted different contests and concerts. Observers have noticed administrative resources abused in favor of Mykhailo Poplavskyi.

               An active self-nominated candidate Oleh Svynarchuk has submitted a personal appeal to the CEC, asking to cancel his registration. The appeal was satisfied.

SMD #197

               Election district #197 is one of the biggest. It includes Kaniv and Zolotonosha cities, Sosnivskyi district of Cherkasy city and, partly, 4 raions in the oblast. There are 146 polling stations in the district; approximately 143,747 voters were registered as of October, 2012. 6 of 16 candidates, registered in the district, are nominated by parties, and 10 are self-nominated candidates. The district is the least competitive of 5, where the elections are to be held on September 15, 2013. Such inactive electoral process is partly due to the fact that Bohdan Hubskyi has refused from particioation.

               The following candidates were actively campaigning in the district: Leonid Datsenko (AUU Batkivshchyna), Viktor Roienko (CPU), Serhii Tyshchenko (Radical Party of Oleh Liashko), Ihor Sukhobrus (self-nominated), Mykola Ladan (self-nominated). Leonid Datsenko is the most active of them. Leader of AUU Batkivshchyna Arsenii Yatseniuk participated in campaigning events of Mr. Datsenko.

               The most popular campaigning methods in the district are meeting with voters, and outdoor advertising.

District #223

               Single-member district #223 includes a part of Shevchenkivskyi district of Kyiv city. On regular 2012 elections, the approximate number of voters in SMD #223 was more than 169 thousand people. There are 100 polling stations in this district. 12 of 70 candidates, registered in the district, are nominated by parties, and 58 are self-nominated candidates. SMD #223 – is the only district of five, where two leading candidates of 2012 are competing. Yurii Levchenko from AUU Svoboda and a former self-nominated candidate Viktor Pylypyshyn were active participants in 2013 electoral process. Candidates, who didn't participate in the elections last year, were quite active in this district. They were mostly focused on oppositional niche.

               During the election campaign, the most active in the district were: Yurii Levchenko (AUU Svoboda), Viktoriia Shylova (Radical Party of Oleh Liashko) and Yurii Hrymchak (Ukrainian Platform Sobor). Self-nominated candidate Viktor Pylypyshyn had also conducted meetings with voters during the last week of campaigning. Some self-nominated candidates were focused on campaigning through social networks (particularly, Tetiana Montian). In the last days of the election campaign, Yurii Levchenko and Viktor Pylypyshyn have placed political advertising on the nationwide TV Channel – the 5th Channel.

               National protests in Kyiv have considerably influenced the course of election campaign in the district. Some candidates announced their views on the political situation in the country and joined rallying.

               It is also significant that Yurii Hrymchak, nominated by the Sobor Ukrainian Party, refused to participate in the elections in favor of Yurii Levchenko, nominated by AUU Svoboda. Such step was made to avoid dispersion of opposition votes.

Voter bribery

               Voter bribery is one of the biggest hazards for free voting during repeated elections of MPs of Ukraine. In districts #194, and 223 OPORA observers noticed active bribing in favor of some candidate. Voter bribery is a criminal offense, and law enforcement agencies shall conduct unbiased investigation of detected facts of bribery, according to the Article 157 of the Criminal Code of Ukraine.

               In district #194, the voters were noticed to receiving monetary bribes to vote in favor of a self-nominated candidate Mykhailo Poplavskyi. On November 23, OPORA activists have detected a briefing on organized voter bribery in favor of Mykhailo Poplavskyi in the Khimselyshche community organization, at the address Rozy Liuksemburh, 218. On the very next day, November 24, observers noticed that unknown persons proposed citizens living on 429 St. Hoholia money for voting in favor of Mykhailo Poplavskyi during repeated elections to the Verkhovna Rada of Ukraine on December 15, 2013. If citizens agreed, they had to write unofficial statement and come to the office at the address given by organizers of the bribery. Voters could receive 200 UAH before the election day, and 150 UAH after the elections. OPORA observers have numerously reported such incidents, there are video proofs and the corresponding appeals to law-enforcement bodies. In some incidents, voter bribery was committed quite openly. Candidate Mykhailo Poplavskyi has publicly denied any voter bribery in his interests. Instead, MP of Ukraine Mykola Tomenko and MP candidate from the United Opposition in district #194 Mykola Bulatetskyi have delivered documents proving voter bribery incidents in Cherkasy to MIA of Ukraine in Cherkasy oblast.

               On December 4, Cherkasy City Council has voted for sending a petition to law-enforcement bodies in order to investigate the facts of unlawful activities of a group of people in district #194, who use monetary incentives to make people vote for one of the candidates.

               All the proofs, gathered by civic observers and subjects of the election process, show that unlawful activities aimed to bribe voters in district #194 are systematically committed. Therefore, law enforcement agencies should urgently take measures to prevent voter bribery.

               Observers of Civil Network OPORA have justified grounds to be sure that monetary bribery scheme is unfolded in district #223, presumably in favor of a self-nominated candidate Viktor Pylypyshyn. Violators use so-called pyramid of "campaigners", with people responsible for blocks of flats with shared entrance, and people responsible for the whole apartment buildings. These persons are campaigning for the candidate and propose people 200 UAH before the election day and 200 UAH after the elections during 7-10 days after the voting. In particular, on November 28 OPORA activists were present on a meeting with persons, who presented themselves as people in charge for campaigning activities of a self-nominated candidate Viktor Pylypyshyn. According to the proposed scheme, the future campaigners were supposed to attract almost two hundred people living in a hostel, who are ready to vote for Viktor Pylypyshyn. Besides that, they had to find two more people who could have attracted their acquaintances. These "campaigners" were responsible for the creation of lists of students with full names, dates of birth, place of residence, and phone numbers. Civil Network OPORA has prepared and petition to the Shevchenkivskyi District Administration of Central Administration of MIA of Ukraine, with a request to investigate voter bribery, as long as they fall directly under the Article 157 of the Criminal Code of Ukraine. OPORA has promised to provide audio recordings, which prove the preparation of voter bribery pyramid scheme.

               Civil Network OPORA would like to emphasize that the quantity of possible schemes and types of bribery highly exceeds the number of issues, regulated by the effective legislation. In 2012, candidates were actively using gaps in electoral legislation and passivity of law enforcement agencies, and applied unfair and unlawful campaigning methods. Simultaneously, financial incentive to vote undermines the people's confidence in election results.

Administrative resource

               During November 2013, abuses of administrative resource, and biased officials in government bodies were frequently detected in Districts #94 and #132.

               In district #94, local government bodies are actively supporting a self-nominated candidate Ruslan Badaiev. For example, on November 19, Head of Kyiv Oblast State Administration Anatolii Prysiazhniuk, Vasylkiv City Mayor Valerii Sabadash, and MP candidate Ruslan Badaiev have opened the Khvylia Center for Sports and Recreation within a state program "Kyiv oblast without suburbs". On November 21, State Labour Inspection Office in Vasylkiv city conducted a seminar, participated by MP candidate Ruslan Badaiev. Candidate's campaigning materials were disseminated during the seminar.

               Election campaign of a candidate Ruslan Badaiev is widely covered on websites of local government bodies. In particular, the site of Vasylkiv Raion State Administration contained information about award ceremony of the winners of the 2013 Football championships conducted in Kiev oblast and Vasylkiv raion, to be held in Vasylkiv city Palace of Culture on November 30. The event was attended by Head of Vasylkiv Raion State Administration O.P. Komakh, MP candidate Ruslan Badaiev, and Deputy Head of Vasylkiv Raion Council V.I. Liashok. Besides that, there was another announcement on the site of Vasylkiv Raion State Administration concerning a raion festival "Believe in yourself" and a charitable event, supported by Mr. Badaiev, to be held in Hrebinkivska School on December 3. The candidate has sponsored the stand-up party, held during the festival, and product sets for all the participants.

               Head of Mykolaiv OSA, a self-nominated candidate in district #132 Mykola Kruhlov is formally on vacation for the campaigning period, but local officials are following him on the events. There are also incidents of using state and local social programs in campaigning interests of Mr. Kruhlov. In particular, the candidate Kruhlov participated in the opening of afterpurification facility, which was created within the oblast targeted project "Drinking water in Mykolaiv oblast". Besides that, information about candidate's participation in official event was placed on website of Pervomaisk City Council. It should be mentioned that official websites of local government bodies are actively placing information about the course of election campaign of Mykola Kruhlov. For example, website of Pervomaisk City Council contains information about the concert of a People's Artist of Ukraine Yan Tabachnyk, People's Artist of Ukraine Tetiana Nedielska, and the Svitiaz music band, "in support of the MP candidate in district #132 M. Kruhlov.[10]"

Conflicts between candidates and obstruction to their activities

               In November - early December 2013, a number of conflicts between MP candidates was noticed. Oleh Naida, nominated by the Radical Party of Oleh Liashko, appealed to the CEC with a demand to cancel registration of Arkadii Kornatskyi, nominated by AUU Batkivshchyna. He justified his demand by the fact that Kornatskyi had supposedly submitted false autobiography. According to Mr. Naida, Kornatskyi is a member of the People's Union–Our Ukraine party, but he failed to include this information into his autobiography. The CEC has refused to satisfy the appeal, and its decision was appealed in Kyiv Administrative Court of Appeals. On November 18, the Court ruled not to satisfy demands of Oleh Naida regarding information about party affiliation of Arkadii Kornatskyi. The plaintiff had to withdraw his action against registration of Arkadii Kornatskyi.

               Candidate of AUU Batkivshchyna Leonid Datsenko, nominated in district #167, has announced that law enforcement agencies have started criminal proceedings against him for allegedly anti-Semitic calls in his poetry collection "And angel with a rifle on a shoulder". The author has won the Vasyl Symonenko's prize for this collection of poems[11].

The use of dirty tactics and black PR

               Black PR and dirty tactics were occasionally used against MP candidates. The use of countercampaign didn't manage to assume wide scope.

               In district #194, the NAS RAT' newspaper and the Cherkaska Gazeta newspaper were disseminated. They contained provocative materials against candidate Mykola Bulatetskyi. Materials, published in these newspapers, had been previously published in internet. In district #223, fake leaflets were disseminated, as if from Yurii Levchenko, nominated by AUU Svoboda. These leaflets distorted political position of Mr. Levchenko and called to provide him financial assistance.

               In district #94, unknown persons were disseminating leaflets with a slogan: "She is in prison, He is on seacoast." These provocative leaflets contained images of a former Prime Minister of Ukraine Yuliia Tymoshenko and MP candidate from AUU Batkivshchyna Viktor Romaniuk. Simultaneously, in district #197, the Chas-Pik newspaper was disseminated, which had features of black PR against candidate from AUU Batkivshchyna Leonid Datsenko.

Violation of election campaigning requirements

               In some districts, observers noticed rare violations of the law on election campaigning.

According the Article 74(8) of the Law of Ukraine on Elections of People's Deputies of Ukraine, it's forbidden to place political advertising on outside and inside of public transport. OPORA observers noticed that this requirement was violated in district #194 (self-nominated candidate Oleh Svynarchuk) and #194 (candidate Ruslan Badaiev). However, candidates denied any involvement in political advertising on public transport.

Leaflets without an imprint were noticed in district #132, disseminated in favor of AUU Batkivshchyna's candidate Andrii Kornatskyi and a self-nominated candidate Ruslan Radetskyi. Still, Mykolaiv District Administrative Court has admitted that Arkadii Kornatskyi, nominated by AUU Batkivshchyna, disseminated election campaigning materials without an imprint.

Conclusion

               The main hazard to free voting is voter bribery, which scale in some districts became too wide. Law-enforcement agencies haven't taken any measures about mass voter bribery, reported by observers of civic organizations, political parties, and candidates. The absence of preventive measures encourages organizers of voter bribery to further participation in distortion of the election results. Administrative resource is also actively used in the election process, and gives unlawful advantages to the certain candidates.

               Election campaign is quite active, and secures the proper competitiveness of the repeated parliamentary elections. The absence of nationwide context gives the candidates new possibilities to find ways for direct communication with the voters. Instead, the removal of Viktor Romaniuk in district #94 may considerably influence the course of the election process.

Recommendations:

To the Verkhovna Rada of Ukraine

•        To amend the Law of Ukraine on Elections of People's Deputies of Ukraine, and oblige the CEC to verify candidate's duration of residency in Ukraine.
•        To determine the procedure for termination of commission members in case candidates who submitted them have removed their candidacies.

To Law enforcement agencies

•         To inform the wide public about investigation of all claims pertaining to the facts of voter bribery till December 15, 2013.
•         To make every effort to prevent and reveal attempts of voter bribery.