INTRODUCTION

Special election of the President of Ukraine is being held in extremely complicated socio-political situation. Creation of precinct election commissions, which will organize the voting on 25 May 2014, became an important testing. Expectedly, the biggest problems during formation of PECs occurred in Donetsk and Luhansk oblasts. Only 10 of 22 district election commissions in Donetsk oblast managed to properly create PECs. In Luhansk, for its part, only one DEC didn't manage to form PECs. Unfortunately, violence and threats against members of election commissions have intensified in these oblasts.

District election commissions were authorized to create more than 32 thousand precinct election commissions. All candidates for the President of Ukraine had a chance to nominate one representative to every PEC. 19 candidates have used this right to the certain extent, and 18 of them received representation in the corresponding commissions.

All candidates for the President of Ukraine have nominated more than 300 thousand candidates for membership of PECs. However, DECs in all Ukrainian regions have faced the shortage of candidates for members of PECs to get at least a minimum membership. Due to such situation, the Law of Ukraine on the Election of the President of Ukraine was amended in order to cut the minimum membership of PECs from 12 to 9 persons.

The following Presidential candidates have the biggest number of representatives in PECs: Zorian Shkiriak, Yuliia Tymoshenko, Petro Poroshenko, Mykola Malomuzh, and Serhii Tihipko. Commission members from these candidates are included in more than 80% of PECs. Vadym Rabynovych, Vasyl Tsushko, Yurii Boiko, Dmytro Yarosh, and Renat Kuzmin have the smallest number of representatives in PECs: from 0,4% (Rabynovych) to 26% (Kuzmin). The reason is that Presidential candidates were inactive in organization of the election process and failed to fill the quotas, provided by the Law.

Moreover, two candidates – Valerii Konovaliuk and Andrii Hrynenko – didn't participate in the formation of PECs and didn't submit any candidacies. Besides that, candidacies for membership of PECs from Volodymyr Saranov, which were submitted only to the DECs in Kyiv, were rejected because the documents weren't duly processed.

However, OPORA gives positive assessment to the procedure of forming PECs during special elections of the President of Ukraine. Problematic districts in Donetsk and Luhansk oblasts are the exception, as long as armed separatists destabilize the election process, and the PECs were not created within time constraints established by the law because of their activities."                 

DETAILED INFORMATION:

On May 6, one of the most important stages of the election process – creation of precinct election commissions for special Presidential election (hereinafter - PECs) – was finished. The creation of PECs consisted of two stages: 1) submission of candidacies for membership of PECs by Presidential candidates and their proxies; 2) creation of PECs by district election commissions (hereinafter - DECs).

Nomination of candidates for membership in PECs

Till May 1, candidates for the President of Ukraine could nominate their representatives for membership in PECs by submitting the corresponding documentation to the DECs. Every candidate had the right to nominate one person to every regular and special PEC. According to the legislation, the certain list of documents for every nominated person should be submitted. These documents are: copies of the first and second pages of passport of Ukrainian citizen; application from a nominee regarding consent to participate in activities of election commission on behalf of the certain Presidential candidate; consent to fulfill duties of the head, deputy head, or secretary of election commission; and non-consent to represent other Presidential candidates during the corresponding elections (Article 24(6) of the Law of Ukraine). Drawing of lots by subjects of the election process wasn't applied for the formation of PECs during special elections of the President of Ukraine. If a person, who was nominated by a Presidential candidate for the membership of PEC, corresponds to legislative requirements, it shall be included to membership of PECs.

Only 19 of 21 Presidential candidates used the right to nominate their representatives for membership of PECs (Zorian Shkiriak, Yuliia Tymoshenko, Petro Poroshenko, Mykola Malomuzh, Serhii Tihipko, Petro Symonenko, Vasyl Kuibida, Oleh Tiahnybok, Anatolii Hrytsenko, Oleksandr Klymenko, Olha Bohomolets, Mykhailo Dobkin, Oleh Liashko, Renat Kuzmin, Dmytro Yarosh, Yurii Boiko, Vasyl Tsushko, Volodymyr Saranov, Vadym Rabynovych) Two candidates, Valerii Konovaliuk and Andrii Hrynenko didn't nominate any candidates for membership of PECs. Not including the certain problematic districts in Donetsk and Luhansk oblasts, the number of nominated representatives for membership of PECs is around 300 thousand persons.

Zorian Shkiriak has nominated the biggest number of representatives for membership of PECs – to almost all PECs, created on Ukrainian territory (see table 1). Yuliia Tymoshenko, Petro Poroshenko, Mykola Malomuzh, and Serhii Tihipko have nominated their representatives to almost all election commissions in Ukraine. Petro Symonenko, Vasyl Kuibida, Oleh Tiahnybok, Anatolii Hrytsenko, Olha Bohomolets, Mykhailo Dobkin, Oleh Liashko, and Renat Kuzmin were also quite active in formation of PECs. Dmytro Yarosh, Yurii Boiko, and Vasyl Tsushko nominated considerably less representatives for PECs. Vasyl Saranov and Vadym Rabynovych nominated only one representative each (in Kyiv city and Cherkasy oblast respectively).

On May 10, Presidential candidate Zorian Shkiriak, who had nominated the biggest number of representatives for PECs, announced that he intends to remove his candidacy. In result, as long as Mr. Shkiriak failed to submit an official appeal to the CEC concerning removal of his candidacy before the deadline (till May 2 inclusive), his decision won't have any legal consequences. The candidate's name won't be removed from the ballot papers, and his representatives in PECs will continue fulfilling their duties.

"Division of Presidential candidates according to the number of representatives, nominated for membership of PECs during special elections of the President of Ukraine, not including Donetsk and Luhansk oblasts."

According to OPORA's observers, nomination of candidates to the membership of PECs and processing of documents in DECs were duly organized and conflict-free. Most candidates have dutifully prepared the documents. In contrast to the previous elections, there were no incidents when one person was included in membership of PECs (so-called "doubles") by some Presidential candidates simultaneously. However, OPORA has detected some incidents. In particular, all 183 candidates, nominated by Volodymyr Saranov for membership of PECs in Kyiv city, were rejected by the DEC because the documents were signed by an unauthorized person. According to the Law of Ukraine on Election of the President of Ukraine, only candidate's proxies in national or territorial election districts can nominate candidates for membership of PECs. However, documents of nominees for membership of PECs from Mr. Saranov were submitted by his proxy in the CEC. The DEC #32 (Dnipropetrovsk obl.) has rejected nominees from Presidential candidate Olha Bohomolets, as long as their documents were submitted later than May 1. In Odesa, Rivne, Volyn, Cherkasy, and Luhansk oblasts, a lot of so-called doubles were reported, when one person agrres to represent some candidates as a member of PEC. The DEC #124 (Lviv obl.) has detected that 24 persons, nominated by Presidential candidates for membership of PECs, were also nominated for PECs in other districts. Similar situation was reported in DECs #19 and 21 (Volyn obl.). Simultaneously, the DEC #16 (Vinnytsia obl.) has rejected two nominees for membership of PECs because they are civil servants. Although such incidents were reported in a number of districts, they haven't considerably influenced the quality of election procedures.

In general, the DECs rejected only 0.7% of candidatures, submitted for membership of PECs. This number is small, and shows that Presidential candidates have properly prepared documents needed for their inclusion.

Formation of PECs and division of managing positions

May 6 was a deadline for the formation of DECs consisting of the head, deputy head, secretary, and other commission members, nine persons minimum. The Verkhovna Rada of Ukraine had amended requirements for the minimal membership of PECs in the last day when the DECs were to pass decisions regarding creation of the corresponding commissions[1]. According to the previous wording of the Law of Ukraine on the Election of the President of Ukraine, the minimum membership for PECs was 12 persons. Amendment of the legislation during the election process was a necessary measure, as long as the number of nominated candidates for membership of PECs wasn't enough to create commissions consisting of at least 12 persons.

In all Ukrainian regions, DECs didn't manage to form PECs exclusively out of representatives nominated by Presidential candidates. It happened because the candidates nominated unequal number of members, and sometimes ignored the certain districts, and even oblasts. Such unequal activeness of candidates considerably complicated creation of PECs with the minimal membership. In particular, Vasyl Tsushko didn't nominate any candidates for membership of PECs in Luhansk, Kyiv, Rivne, Kherson, Kharkiv, Zhytomyr, Khmelnytsk, Vinnytsia, Donetsk, Kirovohrad, and Dnipropetrovsk oblasts. Mykhailo Dobkin ignored the creation of PECs in Chernihiv, Kyiv, Rivne, Lviv, Zhytomyr, Khmelnytsk, and Vinnytsia oblasts. Yurii Boiko didn't nominate any candidates for membership of PECs in Mykolaiv, Ivano-Frankivsk, Vinnytsia, Kirovohrad, Zaporizhia, and Volyn oblasts. Dmytro Yarosh has no representatives in PECs located in Mykolaiv, Luhansk, Odesa, Kirovohrad, Dnipropetrovsk, and Zakarpattia oblasts. Oleh Liashko has no representatives in Kherson oblast; Oleksandr Klymenko – in Kharkiv, Donetsk, and Zaporizhia oblasts; Renat Kuzmin – Chernivtsi, Kyiv, Rivne, Lviv, Ivano-Frankivsk, Kherson, Khmelnytsk, Vinnytsia, Poltava oblasts, and in Kyiv city; Vasyl Kubiida – in Chernivtsi oblast. Olha Bohomolets has almost no representatives in PECs of Luhansk oblast, Oleh Tiahnybok has representatives only in some PECs of Donetsk oblast. Vadym Rabynovych is represented only in PECs of Cherkasy oblast. Andrii Hrynenko and Valerii Konovaliuk don't have any representatives in all PECs of Ukraine.

Zorian Shkiriak, Yuliia Tymoshenko, Petro Poroshenko, Mykola Malomuzh, and Serhii Tihipko have the biggest number of representatives in PECs.Their representatives are included in more than 80% of PECs.

"Representation of Presidential candidates in precinct election commissions, not including Donetsk and Luhansk oblasts"

The total number of polling stations is 32,428

If the total number of nominees for the membership of PECs was less than the minimal number, the heads of DECs nominated candidates for members of PECs on the basis of propositions submitted by members of these commissions.    

According to calculations of the OPORA, heads of the DECs nominated more than 27 thousand candidates for membership of PECs. The efforts that members of DECs had to make to reach the minimum membership were enormous, especially in the regions where separatist movement is stirred up. The DECs use non-standard approaches to solve personnel issues during formation of PECs. They often appealed to proxies of Presidential candidates, who nominated their representatives for membership of PECs, asking to nominate additional representatives. If proxies of candidates agreed, these representatives were included to PECs upon the submission of documents by heads of DECs. Besides that, the DECs appealed to local government bodies asking to assist in selection of citizens, motivated to become members of PECs.

Nomination of members for PEC by heads of DECs

(Oblasts from left to right side: Mykolaiv, Luhansk, Chernivtsi, Kyiv, Rivne, Lviv, Odesa, Ivano-Frankivsk, Kherson, Kharkiv, Zhytomyr, Khmelnytsk, Vinnytsia, Donetsk, Kirovohrad, Dnipropetrovsk, Cherkasy, Zaporizhia, Kyiv city, Poltava, Zakarpattia, Volyn)

According to the Law of Ukraine on Election of the President of Ukraine, every Presidential candidate whose representatives were included to membership of PEC has the right to receive a proportional number of managing positions (heads, deputy heads, and commission secretaries) in precinct election commissions according to their size: small, average, and large[2]. The proportional part of every type of managing position was determined according to the formulas, provided by the Resolution of the CEC on the Procedure of division of executive positions in precinct election commissions #71 of 3/25/2014, or through the information and analytical system "Election of the President of Ukraine" and the Single information analytical system "Vybory" (Elections).

Besides that, OPORA detected some problems with DECs members' access to the information and analytical system "Election of the President of Ukraine" when distributing managing positions in PECs (DEC #58 (Donetsk obl.), #140 (Odesa obl.), #129-134 (Mykolaiv obl.), #202, 203 (Cherkasy obl.)).

OPORA detected some violations of the procedure during distribution of managing positions in PECs. In particular, DECs #87 and 89 (Ivano-Frankivsk obalst) have violated the proportionality principle during distribution of managing positions in PECs – they changed the quotas determined by the information and analytical system "Election of the President of Ukraine". Commission members have explained their actions by the fact that many members of PECs refused to be heads, deputy heads and secretaries of the corresponding commissions, and reached the agreement with all the proxies of Presidential candidates. Similar situation occurred in Lviv oblast (DEC #123), where members of DECs have redistributed the proportional quotas of candidates for representatives holding managing positions in PECs, on the basis of internal commission agreement. The DEC #16 has slightly unequally distributed managing position in PECs, and some candidates received larger representation. However, there were no violations in territorial election districts, which cast doubt on the lawfulness of distribution of managing positions in PECs.

Thus, Zorian Shkiriak, Petro Poroshenko, Yuliia Tymoshenko, Serhii Tihipko, and Mykola Malomuzh have the largest number of representatives holding managing positions in PECs.

Activities of DECs in unstable oblasts

In Donetsk and Luhansk oblasts, PECs were created and opened in extreme conditions. Activities of criminal groups and pro-Russian provokers on this territory have gravely destabilized functioning of DECs. In particular, on May 6, groups of separatists unlawfully intruded in meeting of the DEC #42, which considered the creation of PECs, and demanded to give them the premises and equipment of the commission to prepare so-called referendum on "new" status of the region. On May 8, unknown people robbed the premises of the DEC #43, justifying their actions by the necessity to secure material and technical support for their pseudo referendum. On May 13, the DECs #52 and 62 were assaulted.

From 1 to 6 May (the DECs were supposed to create PECs during this period), provocations and crimes against members of election commissions were committed in Luhansk oblast. On 5 May 2014, in city of Lysychansk (Luhansk oblast), a group of pro-Russian radicals (around 100 persons) were trying to break into the DEC #110. Fortunately, they didn't manage to seize the DEC, because law-enforcement took the necessary measures. According to the Head of the DEC, Antonina Melnikova, the group of provocateurs were demanding lists of voters to conduct their referendum on creation of so-called Luhansk People's Republic.

Only 10 of 22 district election commissions in Donetsk oblast have managed to follow the procedure and form all PECs (territorial election districts #41, 45, 46, 55, 56, 57, 58, 59, 61, 62). In Luhansk oblast, only DEC #108 didn't manage to form all PECs.

On May 8, the Acting President of Ukraine Oleksandr Turchynov has signed the Order to provide due security for premises of district and precinct election commissions, as well as State Voter Register maintenance bodies during the preparation and conduct of Presidential election on May 25, 2014[3]. However, on May 13, separatist groups have intensified their pressure upon members of election commissions, in order to disrupt the special elections of the President of Ukraine.

CONCLUSIONS

•        During special elections, creation of PECs was conducted in an extremely complicated social and political situation, However, despite the organization was so complicated, most commissions started functioning;
•        OPORA's observers didn't report any grave violation of the procedure committed by DECs during formation of PECs. These deviances from the procedure were caused more by organizational complications, than by unlawful intentions of members of election commissions.
•        Candidates for the President of Ukraine haven't fully used their right to form the PECs, what caused the shortage in membership of the corresponding commissions. The Parliament's decision to amend the Law of Ukraine on the Election of the President of Ukraine in order to cut the minimum membership for PECs from 12 to 9 persons was justified and necessary;
•        The key destabilizing factor for election process were activities of armed terroristic groups in Luhansk and Donetsk oblasts, which intimidated members of election commissions and disrupted organization of the election process;
•        Socio-political and crime-breeding situation in Donetsk and Luhansk oblasts require non-standard approach of Ukraine's state authorities to securing citizen electoral rights and safety during the voting process. Taking into consideration these circumstances, the CEC should have a chance to urgently amend the certain election procedures.

RECOMMENDATIONS

To law enforcement agencies

•       To secure due security for premises of district and precinct election commissions, and provide state guard for the certain members of election commissions;
•       To develop a complex plan of measures to secure public safety during before and during the election day, during the vote count on polling stations and determination of voting results in territorial election districts;
•       To localize separatist movements and prevent their spreading and intensification in Donetsk and Luhansk oblasts, where socio-political situation is stably crime-breeding.

To the Central Election Commission

•        To strengthen the cooperation with DECs, especially those functioning in Donetsk and Luhansk oblasts.
•        To secure the development of legitimate voting algorithm for Donetsk and Luhansk oblasts.

To district election commissions

• To secure trainings for members of PECs, with consideration that members of these commissions may be substituted by new ones.

Civic monitoring conducted by OPORA - is a type of network activity, aimed at impartial assessment of the preparation and conduct of elections, as well as preventing electoral violations through comprehensive civic action. From a strategic perspective, the observation is focuses on improvement of the election system and certain procedures. Thus, the organization actively participates in the preparation and discussion of amendments to the election legislation.