District election commission in single-member district #37 has not only refused to register official observers from the Civil Network OPORA All-Ukrainian NGO, but also refused to give the copy of the corresponding decision.
The district commission explains its refusal by the absence of mandatory information in applications, required to be indicated in accordance with samples and forms of electoral documentation, particularly contact phone numbers.
Such reasoning for the refusal cannot be accepted, as long as the Article 78(6) of the Law of Ukraine on Elections of People's Deputies of Ukraine provides only requirements to the information specified in a registration appeal. The contact number of an official observer is also among these requirements. However, this requirement was satisfied, as long as OPORA provided the contact number in the registration appeal.
As for statements of consent to be official observers, we should state that neither the Law of Ukraine on Elections of People's Deputies of Ukraine, nor any regulatory acts provide requirements for the statement of consent to be official observer. The Central Election Commission didn't pass any resolutions concerning approval of sample documents for registration of official observers. Thus, these sample documents are commendatory, not mandatory.
Another reason for the refusal to register was the fact that all appeals for registration of official observers provide the same phone number, which is the contact number of the Civil Network OPORA AUNGO.
OPORA is convinced that such reason for the refusal cannot be accepted, as long as the Law of Ukraine on Elections of People's Deputies of Ukraine doesn't require home or mobile number of an official observer. Contact number should give the possibility to contact the official observer. As long as official observers are coordinated by the central office of the Civil Network OPORA AUNGO, it is possible to provide office phone number of the OPORA as the number which gives the possibility to contact the official observer, and it's not a violation of the procedure.
OPORA have to file a court appeal against the Resolution of the District Commission in order to register its official observers. However, representatives of the organization faced new difficulties on this stage. The Commission refused to provide a copy of the resolution two times, providing various reasons. Firstly, the Commission Head affirmed that OPORA's representatives are not electoral subjects who are entitled to receive the Resolution, according to the Law. When OPORA's representatives came the second time and proved that they are electoral subjects, Deputy Head of the Commission failed to provide an attested copy because, according to her (see video), Commission's seal was locked inside a safe, and the Commission Head went to the Tax Inspectorate with the key.
Article 5 of the Law of Ukraine on Elections of People's Deputies of Ukraine says: "...A copy of a resolution adopted by a district or precinct election commission, certified by the head of the election commission or the deputy head and by the secretary of the election commission and affixed with the seal of the election commission, shall be issued to the electoral subject whom it concerns, upon his or her request, no later than four hours after its adoption..."
Meanwhile, five-day period for filing the court appeal against the Resolution of the election commission on refusal to register official observers comes to an end, and OPORA doesn't know whether it will receive its attested copy in time.