Civil Network OPORA conducts a wide-scale monitoring of Early Parliamentary Elections in Ukraine scheduled for 26 October 2014. The organization attracted 213 long-term observers (one in each single-member district) and 2,000 short-term observers, which will conduct parallel vote tabulation based on statistical sample. OPORA will systematically inform the public about the course of election campaign, and whether electoral subjects adhere to the electoral legislation, officials participate in the race, and all the interested parties follow international standards. Large-scale civic observation is aimed to prevent violations during the election campaign and abuses during the vote count process. Besides observation, OPORA will conduct information awareness campaign, and secure legal support for citizens aimed to protect their electoral rights.
SUMMARY
Early Parliamentary elections in Ukraine are being organized while the military aggression of regular army units of the Russian Federation and illegal armed groups in some raions of Luhansk and Donetsk oblasts continues. In spite of the "truce" reached in Minsk by the Trilateral Contact Group comprising rebels, Ukraine and the OSCE, Ukrainian troops are still under armed attacks and firing. According to the UN, the number of internally displaced persons in Ukraine is above 300,000. Citizens of Ukraine living on the temporarily occupied Autonomous Republic of Crimea are not involved in political processes. Therefore, the agenda of early parliamentary elections includes not only due application of electoral legislation and adherence to international standards of election administration, but also the efficient counteraction to challenges that are not related to the election process directly.
The key challenges are the following: 1) Safety during organization and conduct of the voting process on territories involved in conflict; 2) stable functioning of election commissions and protection of their members; 3) transportation of election documentation and ballot papers; 4) free access to impartial and balanced information for citizens living in the operational area, and 4) voting with any pressure, threats or harassment by illegal armed groups. As of 1 October, the election campaign and the voting [1]can be organized at all polls in 8 districts (ED #46-50, 55-59), at some polls in districts #45, 52, and 53, and at no polls in the remaining 9 districts of Donetsk oblast. In Luhansk oblast, the voting can be organized fully in one district (ED #113 centered in city of Svatovo), partly in 5 districts (ED #105-107, 112, and 114), and cannot be organized in 5 districts (ED #104, 108-111). Such tendency remains stable since 10 September, when OPORA's observers promulgated preliminary data concerning the voting on territories of military operations. Thus, in the best-case scenario, the elections will be held in 18 of 32 districts of Donbas; in the worst-case scenario – only in 9.
OPORA has analyzed the functioning of election commissions and rotations in their membership initiated by parties. As of 1 October, 25% of commission members were substituted, what is neither small amount, nor critical for due organization of elections. The number of substitutions was the highest in Donetsk, Odesa, and Kirovohrad oblasts. The Our Ukraine has substituted the largest number of its representatives in DECs. The CPU, on the contrary, turned out to be the most stable.
30 October was the last day for registration of MP candidates. In total, the CEC has registered 6,627 citizens, and 819 citizens received a refusal. OPORA's report contains information about reasons for refusals, and the analysis of campaign participants. As for the positive tendencies, the number of women candidates has increased in party lists (25.78%) and the number of young candidates has increased as well (32.17%). The largest number of MPs of the Verkhovna Rada of VII convocation are nominated by the Petro Poroshenko Block (42 candidates). 302 MPs of the Verkhovna Rada of VII convocation participate in these early elections.
In late September, the campaigning has intensified in all Ukrainian regions. Although observers started reporting incidents of bribery, which should be taken care of by law-enforcement bodies, the misuse of administrative resources is not widespread in comparison with 2012. We remind that according to OPORA's rating, the misuse of powers by public officials was the most widespread violation during the last regular elections to the Parliament.[2]
In late September, some resonant incidents occurred, related to the use of force against candidates Viktor Pylypyshyn [3] and Nestor Shufrych. OPORA hopes that incidents of violence were an exception, and the election will be held legitimately and freely.
REGISTRATION OF MP CANDIDATES
October 30 was the last day for registration of MP candidates. As of 1 October, the Central Election Commission has registered 6,627 MP candidates; 3,121 of them nominated by the party lists and 3,506 in single-mandate districts. Majoritarian candidates include: 2,094 self-nominated candidates and 1,401 candidates nominated by parties. In total, 29 political parties nominated their candidates in multi-mandate national district, what is 8 parties more than in 2012 parliamentary elections. In comparison with the last regular elections to the Parliament, the number of political parties that nominated their candidates in single-member districts has decreased by 2,5 times (32 now and 81 then). The total number of electoral subjects (in both single-mandate and multi-mandate districts) has also decreased – 52 now and 87 in 2012.
OPORA has analyzed the candidates on the basis of multiple criteria: gender, age, education, party affiliation, employment etc. (the data were published as of 1 October 2014, 10:00 AM).
Having reserved places in party lists, one third of current MPs (153 persons, 4.89 % of the total party list candidates) will try to get into the Parliament one more time. 9 parties have nominated current MPs. Party lists of the PETRO POROSHENKO BLOC contain the largest number of current MPs (42), then goes the Batkivshchyna All-Ukrainian Union (26), and the AUU Svoboda (23). Another one third of current MPs (159 persons, 4.58 % of majoritarian candidates) run in single-member districts; 109 as self-nominated candidates and 50 candidates nominated by parties.
Most of candidates in multi-mandate district received the higher education – 92.17%, unfinished or basic higher – 0.96%, special secondary – 2.49%, and secondary –4.38%. Only three parties have included in their lists more than 10 candidates with secondary education: Radical Party of Oleh Liashko (17 persons), Political Party 5.10 (25 persons), and the AUU Svoboda (26 persons). The data on education of candidates in single-member districts is similar in percentage: 91.62% of them received higher education, 0.48% – unfinished or basic higher, 0.04% – professional technical, 3.18% – special secondary, and 4.69% – secondary.
Traditionally for the elections in Ukraine, political parties include a lot of unaffiliated candidates in their party lists. Thus, nearly 40% of unaffiliated candidates run in nationwide districts this year. Such high percentage can be explained by the fact that effective legislation doesn't provide creation of party blocs, but parties decided to consolidate their forces due to the political situation, or have united specially for the elections. Therefore, many candidates in such united party lists have leaved their parties which were not registered as electoral subjects. We should mention that 11 parties have 50 and more percent of unaffiliated candidates, and 3 of these parties have more than 90% of unaffiliated candidates (the Opposition Bloc political party (97.94%), the AUPU Ukraine - United Country (95.6%), the Green Planet Ukrainian Party (90.72%). Only two parties don't have any unaffiliated candidates in their party lists – the All-Ukrainian Union Svoboda and the National Democratic Party of Ukraine. Party lists of the Communist Party of Ukraine contain only two unaffiliated candidates (0.98%).
Only 35.81% majoritarian candidates represent parties, and 64.19% are unaffiliated. The amount of self-nominated candidates with party affiliation is even smaller – 12.82%. 87.18% of self-nominated candidates are unaffiliated independent candidates. Percentage of unaffiliated candidates nominated by parties is smaller – 36.18%. In total, 10 of 37 parties nominated more than 50% of unaffiliated candidates in single-mandate districts.
Every elections in Ukraine have the same problem of gender quotas i party lists, and low participation of women in the election process. According to the Article 8(10) of the Law of Ukraine on Political Parties in Ukraine, every party should determine quotas for minimal representation of women and men in nationwide party lists for parliamentary elections in it's statute, and women representation should be 30% or more. However, only 10 of 29 registered political parties that participate in the proportional part of the elections have included 30 and more percent of women in their party lists, in accordance with Ukrainian legislation. Another 5 parties have 25-29.9% of women in their party lists. In total, 25.78% of the total number of candidates nominated by party lists are women. Such percentage is slightly higher than during the previous elections. Around 24% of women participated in 2002 parliamentary elections; 17.8% in 2007, and 19.78% in 2012. Besides that, only 2 parties nominated more than 30% of women by party lists in 2012.
In majoritarian districts, only 12,87% of total number of majoritarian candidates are women. As for self-nominated candidates, 14,19% of them are women. The number of women candidates nominated by parties in single-member districts is slightly smaller. As we can see from the tendency, the majoritarian component is not favorable for balanced gender representation in government bodies. However, despite we still cannot say that women are duly involved in the election process, it's obvious that the situation with women representation in Ukrainian elections is being stably improved.
Age analysis showed that the absolute majority of candidates in nationwide district are of middle age (57.18%) – from 36 to 59 years inclusive. It's typical that there are three times less pension age candidates (60 years and more) than candidates of the "youth" category (35 years or less), comprising 32.17% of party list candidates. The age analysis of majoritarian candidates gave quite different results: middle age – 66.23%, youth – 27.06%, and pension age – 6.71%.
14.81% of candidates in nationwide district are temporarily unemployed. The percentage of unemployed candidates in single-member districts is almost the same – 14,18%. Besides that, 63.31% of unemployed majoritarian candidates are self-nominated.
Central Election Commission's resolutions on refusal to register candidates
From the start of nomination of candidates[4] for MPs of Ukraine to the end or registration period,[5] the CEC had published 214 resolutions in which it refused to register 819 candidates. Most of resolutions of refusals were passed on the basis of more than one grounds.
Top refusals:
- In most instances, candidates received refusals due to the absence of obligation to stop activities, incompatible with the mandate of MP of Ukraine, in case candidate is elected;
- 47 resolutions[6] – the absence of all the necessary biographical information;
- 39 resolutions[7] – information in candidate's application is incomplete;
- 31 resolutions[8] – election programs are longer than required - over 3,900 printed characters;
- 14 resolutions – the monetary pledge is not paid or not fully paid;
- 12 refusals – inaccurately dated documents submitted to the CEC;
- 7 refusals – either candidate's photo is absent or its size is wrong, or it is submitted without electronic copy;
- 5 resolutions – the package of documents submitted by a candidate is not full;
- 3 potential candidates, according to the CEC, don't correspond to the duration residency requirement (O.R. Onyshchenko, O.Ye. Horodetskyi, and S.M. Piskun). However, O.R. Onyshchenko applied to the CEC for the second time and was registered, and S.M. Piskun was registered on the basis of the decision taken by the Higher Administrative Court of Ukraine.
- 2 possible candidates (1 from the Opposition Bloc party and 1 from the Right Sector party) were refused due to the violation of the Article 52(4) of the Law of Ukraine on Elections of People's Deputies of Ukraine concerning simultaneous inclusion in the party list and nomination in a single-mandate district.
- 1 reason for a refusal was violation of the absence of previous charge requirement and minimal age requirement.
The Volia party has also appealed against resolution of the CEC on refusal of registration to the Kyiv Administrative Court of Appeals. On 25 September 2014, the Court ruled to satisfy request of the Volia party and canceled the CEC Resolution #1075 of 22 September 2014 on refusal of registration of candidates of the Volia party due to the fact that the decision on nomination of candidates was signed by an unauthorized person. The Court concluded that the CEC took inappropriate requirements of the Volia party's statute to make its decision.
DECs ADMINISTERING THE EARLY PARLIAMENTARY ELECTION CAMPAIGN IN UKRAINE
To administer early parliamentary elections, the CEC created 213 district election commissions (hereinafter - DECs) in all Ukrainian regions not including the Autonomous Republic of Crimea and city of Sevastopol.[9]. As long the AR of Crimea and Sevastopol were recognized as temporarily occupied territories by the Law[10], it was impossible to create DECs in 12 single-member districts (DECs #1-10, 224-225). Despite the certain districts of Donetsk and Luhansk oblasts are controlled by illegal armed groups and terroristic organizations, the CEC created DECs there because they don't have such legal status as ARC or Sevastopol have. Due to the peculiarities of early parliamentary elections, the DECs were formed of representatives of political parties that have deputy factions in the current convocation of the Verkhovna Rada of Ukraine, and political parties that nominated candidates in nationwide district in 2012 regular elections.
After first DEC meetings complicated by partial attendance[11], commissions started fulfilling their duties in accordance with the Law of Ukraine on Elections of People's Deputies of Ukraine.
Rotations in membership of DECs
Similarly to the previous Parliamentary elections, membership of DECs underwent rotations from the very formation of commissions. As of 10/1/2014, 936 members were substituted in 213 DECs, what is almost 25% of their total membership[12].
According to OPORA's observers, a lot of substitutions were made because parties registered members that were not going to work in DECs. Thus, political parties used the opportunity to substitute DEC members to gain more time and form more efficient network of their representatives in commissions. Almost every substitution was made through the procedure of appealing to the CEC concerning substitution of a DEC member by the party which had registered him/her[13].
Most of substitutions were made in Donetsk oblast, almost 36% of commission members in this region. DECs in Odesa, Kirovohrad, Kherson, Lviv, Dnipropetrovsk, and Zakarpattia oblasts had 30% of their members substituted. DECs in Ternopil, Volyn, and Zhytomyr oblast turned out to be the most stable.
Table 1. Rotations in DECs in regional perspective as of 10/1/2014
(in descending order by a number of substitutions)
|
Region/oblast
|
Number of substitutions in DECs in a region
|
Percentage of substitutions in the total number of DEC members of the region (%)
|
Percentage of substitutions made in districts of a region to the total number of substitutions in the country (%)
|
|
Donetsk
|
136
|
35.97 %
|
14.53 %
|
|
Dnipropetrovsk
|
95
|
31.04 %
|
10.15 %
|
|
Lviv
|
70
|
32.55 %
|
7.48 %
|
|
Odesa
|
70
|
35.53 %
|
7.48 %
|
|
Kharkiv
|
70
|
27.88 %
|
7.48 %
|
|
Luhansk
|
57
|
28.78 %
|
6.09 %
|
|
city of Kyiv
|
46
|
19.65 %
|
4.91 %
|
|
Kyiv
|
32
|
19.75 %
|
3.42 %
|
|
Kirovohrad
|
31
|
34.44 %
|
3.31 %
|
|
Kherson
|
31
|
34.44 %
|
3.31 %
|
|
Zakarpattia
|
30
|
31.57 %
|
3.31 %
|
|
Zaporizhia
|
28
|
17.28 %
|
2.99 %
|
|
Khmelnytskyi
|
27
|
21.42 %
|
2.88 %
|
|
Cherkasy
|
24
|
19.2 %
|
2.56 %
|
|
Mykolaiv
|
21
|
19.44 %
|
2.24 %
|
|
Chernivtsi
|
21
|
29.16 %
|
2.24 %
|
|
Ivano-Frankivsk
|
20
|
15.87 %
|
2.14 %
|
|
Sumy
|
20
|
18.86 %
|
2.14 %
|
|
Vinnytsia
|
19
|
13.19 %
|
2.03 %
|
|
Chernihiv
|
19
|
17.59 %
|
2.03 %
|
|
Poltava
|
17
|
12.78 %
|
1.82 %
|
|
Rivne
|
16
|
17.77 %
|
1.71 %
|
|
Zhytomyr
|
15
|
13.88 %
|
1.60 %
|
|
Volyn
|
14
|
15.55 %
|
1.50 %
|
|
Ternopil
|
7
|
7.77 %
|
0.75 %
|
DEC heads were substituted in 79 single-member districts, deputy heads – in 66 districts, commission secretaries – in 77 districts. Besides that, commission officials were substituted in some district repeatedly, what was definitely not favorable for efficient functioning of DECs.
Most rotations in DECs were made in September by the following political parties: the Our Ukraine, the Greens, the Ukraine of the Future, the Ukrainian Platform Sobor, the Green Planet Ukrainian Party, the Party of Greens of Ukraine, the Radical Party of Oleh Liashko, the Party of Regions, the Party of Pensioners of Ukraine, and the AUU Svoboda. The number of substitutions made by these political parties is above 5% of the total number of substitutions in all DECs.
Table 2. Rotations in DECs in relation to electoral subjects that initiated substitutions, as of 10/1/2014
|
Electoral subject that nominated a substituted member of DEC
|
Number of substitutions made by electoral subject
|
Percentage of substitutions made by electoral subject from the total number of substitutions in all DECs
|
|
The Our Ukraine political party
|
99
|
10.58 %
|
|
The Greens political party
|
68
|
7.26 %
|
|
The Green Planet Ukrainian Party
|
62
|
6.62 %
|
|
The Ukraine of the Future
|
61
|
6.52 %
|
|
The Ukrainian Platform Sobor
|
61
|
6.52 %
|
|
The Party of Greens of Ukraine
|
60
|
6.41 %
|
|
The Radical Party of Oleh Liashko
|
59
|
6.30 %
|
|
Party of Pensioners of Ukraine
|
58
|
6.20 %
|
|
Party of Regions
|
54
|
5.77 %
|
|
The All-Ukrainian Union Fatherland
|
47
|
5.02 %
|
|
The UDAR (Ukrainian Democratic Alliance for Reform) of Vitalii Klychko
|
44
|
4.70 %
|
|
The Political Union Ridna Vitchyzna party
|
41
|
4.38 %
|
|
The Socialist Party of Ukraine
|
39
|
4.17 %
|
|
All-Ukrainian Union Fatherland
|
35
|
3.74 %
|
|
Ukraine – Forward! party of Natalia Korolevska
|
35
|
3.74 %
|
|
The New Policy party
|
31
|
3.31 %
|
|
The Right Sector party
|
28
|
2.99 %
|
|
The All-Ukrainian Union Fatherland
|
24
|
2.56 %
|
|
Liberal Party of Ukraine
|
21
|
2.24 %
|
|
The Communist Party of Ukraine
|
9
|
0.96 %
|
In September, DECs were taking care of organizational tasks like entry of information on the corresponding commissions into the Unified State Register of Legal Persons and Private Entrepreneurs, division of responsibilities between members of DECs and establishment of duty charts, preparation of a unified budget of expenditures for the preparation and conduct of the elections in every district. After the DECs were created, they started registering official observers from parties, which nominated candidates in the nationwide district, candidates in single-member districts, and NGOs. After the official registration, political parties and candidates can nominate members of precinct election commissions, which should be formed till 10 October inclusive [14].
According to OPORA's estimations, most of DECs are well-organized, professionally fulfill their duties related to organization of early parliamentary elections in Ukraine, and secure the quorum on their meetings in accordance with the Law. The major problems in DECs were noticed in Donetsk and Luhansk oblasts, where the military and political situation is still complicated, and the safety issue is pressing. Besides that, a number of shortcomings in activities of the DECs was noticed in some stable regions.
Functioning of DECs in Donetsk and Luhansk oblasts
32 DECs were created in Donetsk and Luhansk oblasts[15], covering all election districts in these regions. Election commissions were also created in districts, controlled by illegal armed groups. However, the fact that Donetsk and Luhansk oblasts are divided into territories that are controlled and uncontrolled by the legitimate government, has a direct influence on efficiency of DECs.
In Donetsk oblast, only 8 of 21 DECs are stably functioning. These commissions are the following: DEC #46 (centered in city of Artemivsk), #47 (centered in the city of Sloviansk), #48 (city of Kramatorsk), #50 (city of Krasnoarmiisk), #57 (Illichivskyi district of the city of Mariupol), #58 (Zhevtnevyi district of the city of Mariupol), #60 (city of Volnovakha)[16].
12 of 21 DECs in Donetsk oblast cannot secure their stable functioning and implementation of election procedures. They haven't started working in fact. (# 41–45, 49, 51, 53, 54, 55, 56, 61). These are DECs located in single-member districts that are fully controlled by illegal armed groups. At the same time, the DEC #49 (centered in city of Konstiantynivka) haven't started functioning despite the situation in district is stably safe. This fact make us worry about the ability of the government and leading political subjects to return application of civilized political and legal practices on territories liberated from terrorists. The DEC #52 (centered in city of Dzerzhynsk), which authority extends on Kalininskyi district of the city of Horlivka controlled by illegal armed groups, held its first meeting only in the end of September (see infographics).
In Luhansk oblast, only 2 of 11 DECs are stably functioning, have a quorum on their meetings, and adhere to other legislative requirements: DEC #106 (centered in the city of Severodonietsk) and DEC #113 (centered in the city of Svatovo)[17]. DECs #104, 108, 109, 110, 111 are not functioning as long as territories of these districts are fully controlled by illegal armed groups. In four districts (#105, 107, 112, 114)[18] DECs were trying to organize themselves but didn't manage to conduct a duly authorized meeting because of absence of quorum (see infographics).
Thus, only 10 of 32 DECs in Donetsk and Luhansk oblasts are fully functioning, 5 are still trying to organize the work, and 17 are not working.
In order to secure safety of DECs in Donetsk and Luhansk oblasts, the CEC passed a number of resolutions on the change of locations of district election commissions for the period of preparation and conduct of early parliamentary elections. In fact, the DECs were relocated from cities where hostilities are taking place to stable cities (villages) in the same district. Having taken into consideration appeals of Donetsk and Luhansk oblast state administrations, the CEC changed location of DECs #53, 59[19], and 114[20]. However, the CEC didn't change the boundaries and centers of single-mandate districts, as long as it's forbidden during the election process, according to the Article 18(3) of the Law of Ukraine on Elections of People's Deputies of Ukraine. Such non-standard decisions concerning DECs in problematic districts were taken by the CEC after Ukrainian Parliament forbid the DEC to change centers of single-mandate districts.
Due to the abovementioned circumstances, OPORA would like to emphasize that the CEC, state authorities, local self-government bodies, and law-enforcement agencies should consolidate their efforts to secure the conduct of coting process in Donetsk and Luhansk oblasts. Taking into consideration the social and political importance of the elections on territories liberated from illegal armed groups, which are an integral part of the peaceful process, the state should demonstrate its ability to adequately react on unprecedented challenges related to the rule of law and public safety.
Problems and violations detected in DECs
With the exception of Donetsk and Luhansk oblasts, OPORA's observers didn't notice any violations in activities of the DECs or discrepancies that would cast doubt on their ability to properly organize early parliamentary elections in Ukraine. Besides that, OPORA didn't notice any objective information proving the election commissions didn't adhere to political impartiality principles during implementation of their duties, determined by the Law of Ukraine on Elections of People's Deputies of Ukraine. However, observers reported a number of procedural violations and organizational issues.
In September, some DECs haven't received premises that correspond to legislative requirements[21]. According to OPORA's observers, such problems were noticed in SMD #21 (Volyn obl.), SMD #161 (Sumy obl.), SMD #181 (Kharkiv obl.), SMD #202 (Chernivtsi obl.). As we have already stated, the certain DECs in Donetsk and Luhansk oblasts need to be relocated due to the safety situation, and the corresponding procedures are still in process.
In some regions of Ukraine, DECs don't follow the requirements of the Law of Ukraine on Elections of People's Deputies of Ukraine concerning publication of documents of election commissions on information boards (DEC #68 (Zakarpattia obl., DEC #189, Khmelnytsk obl., DEC #215, city of Kyiv, and some others).
OPORA's observers reported that some DECs don't timely issue certificates to officially registered observers from parties which nominated candidates, candidates in single-member districts, and NGOs. Such problem was due to the absence of necessary forms of documents (Cherkasy, Rivne, and Zaporizhia oblasts). According to the Article 78(8) of the Law of Ukraine on Elections of People's Deputies of Ukraine, the DEC shall register official observers in the corresponding district and issue them a certificate in a form established by the CEC not later than the next day after parties, candidates, or NGOs submit the corresponding documents for registration.
SMD #97 (Kyiv obl.) had to make new seals for DECs and PECs because the old ones, which were ought to be kept by local authorities after the promulgation of 2012 regular parliamentary elections, were lost[22].
According the the Article 46 of the Law of Ukraine on Elections of People's Deputies of Ukraine, the DEC shall create a unified budget of expenses for election administration within ten days after its creation. Such budget should be based on the average expenditure amounts approved by the CEC. The unified budget of expenses should also be approved by the CEC.[23] The problems with creation of the unified budget of expenses were noticed only in some DECs in Ivano-Frankivsk and Kharkiv oblasts. The CEC approved average expenditure amounts only on 9/11/2014.
According to OPORA's observers, most of DEC members are open for cooperation with journalists and official observers, and demonstrate openness of their activities. However, in SMD #74 (Zaporizhia obl.), was an incident when commission members tried to hinder access of journalists.
CONCLUSIONS
- In September 2014, most of DECs proved that they can organize elections properly and in correspondence with the legislation. Some procedural violations were not systematic, and mostly caused by organizational difficulties.
- From 09/05 to 10/01/2014, the membership of DECs was substituted for 25%, most of them in Donetsk oblast. These rotations in DECs were caused by the certain parties which didn't manage to secure competent and motivated representatives for election commissions from the first time. However, these substitutions allowed commissions to function stably.
- In 17 of 32 districts in Donetsk and Luhansk oblasts, the functioning of DECs is formal, as long as military and political situation in the certain cities and raions doesn't allow to organize the election process. Only 10 DECs in these oblasts managed to organize their activities in correspondence with the legislation. 5 other DECs tried to conduct duly authorized meetings, but these attempts were not successful.
RECOMMENDATIONS
To the Central Election Commission
- To strengthen coordination of election commissions in Donetsk oblast, to create special hotlines.
- To duly control DECs' adherence to legislative requirements concerning publication of decisions on websites of the CEC.
- To secure proper and timely publication of all documents related to the election process.
- To strengthen the control over complete and timely publication of CEC documents on its official website.
- To abstain from making amendments to orders and interpretations on the certain procedures during the election process, with the exception of pressing urgency.
To district election commissions
- To secure proper and timely publication of all documents related to the election process.
ACTIVITIES OF THE CEC DURING EARLY PARLIAMENTARY ELECTIONS IN UKRAINE
According to the Law of Ukraine on Elections of People's Deputies, the CEC is the highest-level commission in the system of election commissions established to conduct the early parliamentary elections in Ukraine. The CEC has the following powers: control of compliance with and uniform application of the electoral legislation, provide the election commissions with organizational and methodological support, register MP candidates etc.[24].
In September 2014, the CEC passed 567 resolutions pertaining to early parliamentary elections in Ukraine. Most of these resolutions concerned registration of MP candidates.
Within its duty to provide explanations and recommendations on application of the electoral legislation and implementation of the certain procedures, the CEC passed a number of resolutions. In particular, it passed an Explanation on production of personal invitations to vote at parliamentary elections in Ukraine[25], Explanation on consideration of appeals on amendments to resolutions of the Central Election Commission on registration of MP candidates for early parliamentary elections in Ukraine[26], Procedure of trainings for members of district and precinct election commissions on parliamentary elections in Ukraine[27], Procedure of submitting financial reports on the receipt and use of funds of the State Budget of Ukraine for preparation and conduct of early parliamentary elections in Ukraine by district election commissions[28] and other documents. The CEC made changes in the Budget of expenses of the Central election commission on preparation and conduct of early parliamentary elections in Ukraine to be held on 26 October 2014, under the budget program 6731020[29], and in the Procedure of producing information posters of MP candidates registered in single-mandate election districts[30].
It should be mentioned that the CEC sometimes established procedures or provided special explanations when electoral subjects were already applying the law on practice. Such practice is definitely not positive. All interested parties should be informed about the procedures before the certain time of their realization or even before the election process.
In Resolution #1224 of 9/26/2014, the CEC approved the form, color, and text of the ballot paper for nationwide election district on early parliamentary elections in Ukraine scheduled for 26 October 2014[31]. It has also created a control commission for production of ballot papers for early parliamentary elections in Ukraine, comprising representatives of political parties that have deputy factions in the current convocation of the Verkhovna Rada of Ukraine (AUU Batkivshchyna, AUU Svoboda, Party of Regions, UDAR of Vitalii Klychko).
RECOMMENDATIONS
To the Central Election Commission
- To strengthen the control over complete and timely publication of CEC documents on its official website.
- To abstain from making amendments to orders and interpretations on the certain procedures during the election process, with the exception of pressing urgency.
ACTIVITIES OF THE STATE VOTER REGISTER MAINTENANCE BODIES
OPORA's observers have analyzed activities of State Voter Register maintenance bodies (hereinafter - SVR MB) to check if they are ready to fulfill duties in accordance with the Laws of Ukraine on the State Register of Voters and on Elections of People's Deputies of Ukraine. SVR MB are responsible for periodic update and correction of personal data of voters in the Register, compilation and transference of preliminary and final voter lists to precinct election commissions, temporary change of voting location without change of the election address etc.
According to OPORA's assessment, SVR MB properly fulfill their duties, adhere to legislative procedures, and comply with time constraints. SVR MB are provided with adequate material and technical support, as well as competent personnel. At the same time, many long-term observers reported that citizens are barely informed about opportunities of the State Register of Voters, necessity to specify personal data of voters, and the procedure of temporary change of voting location without change of the election address.
Most of the SVR MB continue publishing information messages only on their information boards and unpopular web-resources of local government bodies, what decreases citizen awareness. As long as the number of internally displaced persons is constantly increasing due to the further destabilization of situation in Donetsk and Luhansk oblasts, poor informing of citizens causes especially negative consequences.
However, some SVR MB use positive practices of raising citizen awareness about opportunities of the State Register of Voters. For example, SVR MB of Zhovtneva RSA in Mykolaiv oblast secured informing of refugees from the ATO area living in compact IDP settlements. SVR MB in Vinnytsia organized a thematic press-conference for local mass media to disseminate information about opportunities of the Register. In Cherkasy, Chernivtsi, Ternopil, and Odesa oblasts, SVR MB started informing citizens through the local media.
OPORA would like to emphasize that such positive practices should be systematized and used for the national information campaign.
RECOMMENDATIONS
To the Central Election Commission
- To initiate and coordinate the national information campaign about update of personal data in the Register and temporary change of voting location without change of the election address.
To regional State Voter Register administration bodies, State Voter Register maintenance bodies
- To provide more information about opportunities of the Register, update of personal data, procedure of temporary change of voting location without change of the election address.
- To monitor violations related to indirect voter bribery and immediately report them to law-enforcement agencies for verification of facts and quick measures.
- To reject and publicly condemn electoral charity in any forms, as long as it contradicts the principle of fair and competitive elections.
- To secure unbiased attitude to and equal conditions of campaigning for all candidates, restrain from campaigning "for" or "against" any electoral subjects.
- To systematically and impartially verify information about voter bribery committed by MP candidates, to keep the public informed about taken measures.
- To promptly react on notifications about pressure or threats against politicians or political activists; to prevent application of force against candidates and other electoral subjects.
COURSE OF THE ELECTION CAMPAIGN
Similarly to the last Presidential elections, candidates and parties were not very active in campaigning efforts during the first month of the election process. Electoral subjects were mainly focused on formation of party lists and agreements on candidates in single-member districts. The level of competition on this stage is lower than in previous parliamentary elections.
Less than 10 of 52 political parties registered in the CEC as electoral subjects conduct systematic nationwide campaigning activities. The AUU Batkivshchyna, the Civic Position, and the Petro Poroshenko Block conducted the most prominent campaigning in September. The People's Front, the Radical Party, the AUU Svoboda, the Samopomich NGO and the Strong Ukraine were less active. Besides that, observers reported outdoor advertising of the All-Ukrainian Agrarian Union Zastup, the Internet Party of Ukraine, the Liberal Party, the Opposition Bloc, and the Party 5.10.
The false start of the election campaigning was the major tendency in September. Parties and majoritarian candidates started massive dissemination of campaigning materials and conduction of public events yet before registration in the CEC. In particular, the following parties started campaigning too early: AUU Batkivshchyna, AUU Svoboda, Petro Poroshenko Block, Civic Position, Radical Party, Liberal Party of Ukraine, Internet Party of Ukraine, Strong Ukraine, and All-Ukrainian Agrarian Union Zastup. In September, observers of the Civil Network OPORA repeatedly reported the presence of outdoor political advertising without an imprint and materials with features of election campaigning in published in local media by the abovementioned political parties.
Taking into consideration that these parties were not registered officially as electoral subjects when such materials were disseminated, they didn't have to meet legislative requirements concerning mandatory use of electoral funds for campaign financing, as well as the obligation to give information about the customer, printing house, and number of copies on campaigning materials. Thus, most of campaigning materials that had appeared yet in late August and early September were without an imprint and financed from other sources than electoral funds. These facts give the reason to think that some parties and candidates deliberately delayed registration in the CEC to avoid mandatory procedures, provided by the Law of Ukraine on Elections of People's Deputies of Ukraine.
Today, the abovementioned participants of the race use outdoor advertising (campaigning slogans and calls on billboards, city lights, posters), publish information materials in the media and disseminate campaign materials through campaigners and campaigning tents. Political parties didn't use traditional campaigning events like meetings, demonstrations, and concerts.
Campaigning materials usually are not regionally-oriented. They are usually designed by the center and are the same for all regions. Parties conduct more active campaigns in oblast centers and big cities. In cities, outdoor advertising (billboards, city lights, tents) is the most popular form of campaigning, in villages - street campaigning (meetings with voters) and direct door-to-door campaigning (dissemination of printed campaign materials).
Today, only the Civic Position has launched a wide-scale street campaigning. Its campaigning tents can be noticed in most of oblasts. Besides the Civic Position, campaigning tents are also used by the AUU Batkivshchyna and AUU Svoboda. However, this campaigning instrument is predominantly used now at the discretion of local election headquarters.
In fact, all the most active candidates publish articles and information materials with hidden advertising and without proper marking in local media. Hidden visual advertising was used by the Civic Position (on billboards using not full name of the party – "it's our civic position") and the Svoboda (on billboards "who and how voted for the Law on Lustration").
All candidates make references to the war in their campaigning speeches, and usually use populist slogans. Besides that, candidates use charitable activities in favor of army for campaigning purposes. All such charity events organized by candidates have features of indirect voter bribery.
Lustration is another topical issue in campaigning of parties and candidates. Their attempts to draw officials who held their positions during Yanukovych presidency to responsibility in the course of election campaign are usually accompanied by actions that limit the rights of electoral subjects.
On the stage of registration, parties usually emphasized that ATO participants, civic activists or journalists are included in their party lists.
The fact that the Party of Regions refused to participate in the race has considerably influenced the course of election campaign. As a result, MPs who represented this party in the Verkhovna Rada of VII convocation run as self-nominated candidates in the same districts they were elected in 2012. Such manipulative solutions confuse the voters and give electoral benefits to candidates.
Some parties (AUU Batkivshchyna, Petro Poroshenko Block, UDAR, People's Front, and Civic Position) created a wide network of election headquarters (to the level of raions) in most regions of Ukraine. Election headquarters are mainly focused on mobilization of campaigners and attraction of people to work in precinct election commissions.
ELECTORAL ACTIVENESS OF POLITICAL PARTIES-ELECTORAL SUBJECTS
AUU Batkivshchyna
The AUU Batkivshchyna is the most active electoral subject using a variety of campaigning methods in large quantities. The party combines outdoor, media, and street campaigning. Outdoor campaigning (billboards) appeared in all regions in early September, yet before the party was officially registered in the CEC. Thus, campaign materials were without an imprint. In the end of September, the party placed campaigning tents in most of Ukrainian oblasts. In the tents, campaigners were gathering signatures for a referendum with question: "Do you support Ukraine's joining the North Atlantic Treaty Organization (NATO) as a system of collective safety?" The signatures were collected from 22 September to 2 October. The AUU Batkivshchyna is also often discussed in local media. In particular, a lot of materials that are not marked as political advertising but have various features of "dzhynsa" (political hidden advertising) have been published from the beginning of September. In the end of September, the leader of AUU Batkivshchyna Yuliia Tymoshenko started paying regular campaigning visits to different oblasts of Ukraine (Chernivtsi, Vinnytsia, Chernihiv oblasts). Main slogans of the AUU Batkivshchyna: "Ukraine will win"; "The NATO issue should be decided by the people"; "The Batkivshchyna brings new faces to the Parliament".
Civic Position of Anatolii Hrytsenko
The Civic Position is the only party that launched a wide-scale street campaigning. Its tents can be noticed in almost every oblast of Ukraine. Campaigning tents are used to attract campaigners, to conduct polls, and disseminate campaigning materials (newspapers, leaflets, pens). Besides that, the party uses mailboxes for the distribution of its newspaper.
Before the official registration, the Civic Position party used hidden outdoor advertising (for example, slogans "Don't give or take bribes – it's our Civic Position"). After the party was registered in the CEC, this advertising was substituted with billboards depicting first five candidates from the party list.
Civic Position was the fastest in organization of regional visits for its main speakers. For example, Anatolii Hrytsenko visited Lviv and Ivano-Frankivsk oblast. Main campaign slogans of the Civic Position: "Safety. Justice. Renovation"; "Remove oligarchs from the government"; "We will make the government work for the people".
Petro Poroshenko Block
In September, the party was active only in media campaigning and political advertising on billboards in all regions of Ukraine. Outdoor ads published before the official registration of the party were without an imprint. The campaign didn't conduct a comprehensive campaign with street and direct campaigning methods on this stage. Among candidates nominated by the party list, Yurii Lutsenko is quite active and pays campaigning visits to regions. Main slogans of the Petro Poroshenko Block: "It's time to unite"; "Proud to be Ukrainian!"
The Radical Party of Oleh Liashko
The Radical Party actively uses various methods of media advertising (TV, radio, printed media of different levels) and visual and street campaigning, but a little less actively. Party tents for dissemination of campaign materials appeared massively only in the late September. Street campaigning is used the most actively in Chernihiv oblast. Billboards without an imprint were hung yet before the party was officially registered. Oleh Liashko's visits and meetings with voters were noticed only in Chernihiv and Kyiv oblasts. Main campaigning slogans of the Radical Party in September: "We will make Ukraine rise and shine again"; "Putin h#ilo! Good will win!"
The Strong Ukraine party of Serhii Tihipko
In September, campaigning of the Strong Ukraine was based on the use of media advertising on television and in regional mass media. Besides that, billboards with portrait of the party leader were placed in most oblasts (before the official registration and without an imprint). Visual campaigning materials of the Strong Ukraine were often splashed with paint. The leader visited only southern and eastern oblasts of Ukraine. Main campaigning slogans of the Strong Ukraine in September: "Peace. Economics. Future"; "Stronger together"; "The country needs alternative way".
The People's Front
In September, the party didn't conduct any regional campaigning besides visual campaigning and political advertising in the media. Main campaigning slogans of the People's Front in September: "Strong teams for hard times".
AUU Svoboda
The Svoboda was one of the first parties that started using outdoor campaigning. Billboards with slogan "Ukraine is Your Freedom! Congratulations on the Independence Day!" (Freedom is Svoboda in Ukrainian) appeared in western regions before the Independence Day celebrated on 24 August. The fact that billboards were hanging for a long time after the Independence Day prove that it was election campaigning. Billboards with slogan "Who votes for lustration" also appeared in September. They illustrate that full membership of the AUU Svoboda voted for the lustration in the Parliament. These billboards also have an emblem of the Lustration NGO, led by MP of Ukraine affiliated in the Svoboda party Oleh Osukhovskyi (nominated in ED #152, Rivne city). The Svoboda started street campaigning and disseminates the party newspaper in tents.
Main campaigning slogans of the AUU Svoboda in September: "Ukraine – is your Svoboda (Freedom)"; "True lustration"; "Assistance to soldiers and participation in the ATO".
The Samopomich Union
The party used outdoor campaigning not very actively. It's very active in media (various media) and street campaigning instead. Party newspapers are usually distributed in western regions and in Kyiv. During the few last years, the Samopomich NGO conducted organized targeted events for children (sport events, healthy nutrition) and pensioners (trainings, masterclasses) in Lviv. However, these social activities became a part of campaigning efforts of the party now. Leaders pay campaigning visits to different regions of Ukraine (particularly Chernihiv, Volyn, Rivne oblasts).
Main campaigning slogans of the Samopomich in September: "The principle is simple – to do"; "The SAMOPOMICH Union – teamed for hope and action"; "Unity is Strength".
The party 5.10
The peculiarity of party's campaigning is diverse visual advertising in places not adjusted for advertising. Activists drew 5.10 on hatches, walls, streets, and money. They hung flags with party logos on balconies, buildings, put stickers on cars. The party has mostly focused it's campaigning in oblast centers and big cities. Main campaigning slogans of the 5.10 in September: "Ukraine without taxes".
The Opposition Block, the Liberal Party of Ukraine, the Block of the Left Forces, the Internet Party of Ukraine used predominantly in outdoor campaigning in September. Only in some regions of Ukraine, the Right Sector used tents to disseminate party newspaper.
ELECTORAL ACTIVENESS OF MAJORITARIAN CANDIDATES
In September, campaigning in single-member districts was very similar to campaigning in nationwide district. As long as the final list of candidates in every district wasn't defined, the candidates abstained from wide-scale campaigning. Similarly to the parties that started campaigning long before the registration, candidates which hadn't been officially registered in the CEC yet were the most active in districts. Such early campaigning allowed them to evade requirements of the electoral legislation, applicable to electoral subjects. In particular, candidates could conduct campaigning events even if they didn't have the electoral fund, avoid responsibility for charitable activities with features of indirect voter bribery, disseminate campaigning materials without due marking.
Self-nominated candidates started campaigning first, as long as candidates nominated by parties were negotiating on the place of their nomination during inter-party arrangements will the last moment. Most of the latter haven't launched wide-scale campaigning yet, and use only outdoor advertising in districts.
As for self-nominated candidates, current MPs that were elected in the last parliamentary elections in the same districts and represented the Party of Regions or were active members of these party, are the most active in campaigning efforts now. For example, in Odesa oblast: Eduard Matviichuk (ED #133) – ex-Head of Odesa OSA, Head of oblast organization of the Party of Regions; Serhii Kivalov (ED #135), Leonid Klimov (ED #137), Ivan Fursin (ED #138), Oleksandr Presman (ED #139), Vitalii Barvinenko (ED #141), Anton Kisse (ED #142); v Zaporizkii oblasti Serhii Kaltsev (ED #75), Volodymyr Bandurov (ED #79), Oleksandr Dudka (ED #82). Mass participation of MPs of Ukraine affiliated in the Party of Regions as self-nominated candidates is the main peculiarity of election campaign in single-member districts in southern and eastern regions of Ukraine. Most of such candidates used their status of MPs to start active campaigning before the official registration. They organized meetings with voters, provided charitable support in various forms.
Majoritarian candidates usually used outdoor advertising and direct campaigning. Similarly to the previous elections, charity is actively used in campaigning purposes. Candidates provide social support, present equipment, build playgrounds, open stadiums and sports grounds, give children presents, repair buildings and infrastructure, help servicemen and families from the ATO area. Campaigning in the media is not that popular among such candidates.
In oblasts adjacent to the Russian Federation, some candidates started raising the issue of protection of Ukrainian territories from possible invasion of Russia in campaigning purposes. In Kherson oblast, there are already three initiatives for building a protecting trench on the border with the AR of Crimea. Some communities have even started entrench their cities, actively supported by candidates. Another popular campaigning trend among majoritarian candidates is assistance to border guards and servicemen in the ATO area.
Among candidates in single-mandate districts nominated by parties, representatives of the Petro Poroshenko Block, the People's Front, and the AUU Batkivshchyna have already launched active election campaigns. In particular, candidates from the Petro Poroshenko Block are active in Kyiv city and Chernihiv, Dnipropetrovsk, Ivano-Frankivsk, Kharkiv, Kirovohrad, Kyiv, Mykolaiv, Rivne, Vinnytsia, Volyn, Zaporizhia, and Zakarpattia oblasts Candidates from the People's Front are the most active in Kyiv city and Kharkiv, Lviv, Kyiv, Rivne, and Volyn oblasts. Campaigning efforts of majoritarian candidates nominated by the AUU Batkivshchyna are the most noticeable in Kyiv city and Dnipropetrovsk, Khmelnytsk, Kirovohrad, Kyiv, Mykolaiv, Rivne, Sumy, Ternopil, and Cherkasy oblasts. In eastern oblasts, majoritarian candidates of the Strong Ukraine are actively campaigning.
Most majoritarian candidates either don't have election headquarters or have only started to form them. Some candidates who are MPs or councilors campaign on the basis of public reception offices.
RECOMMENDATIONS
For the CEC
- To monitor violations related to indirect voter bribery and immediately report them to law-enforcement agencies for verification of facts and quick measures.
For political parties and candidates
- To reject and publicly condemn electoral charity in any forms, as long as it contradicts the principle of fair and competitive elections.
For officials of state authorities and local self-government bodies
- To secure unbiased attitude to and equal conditions of campaigning for all candidates, restrain from campaigning "for" or "against" any electoral subjects.
Law enforcing and controlling bodies
- To systematically and impartially verify information about voter bribery committed by MP candidates, to keep the public informed about taken measures.
- To promptly react on notifications about pressure or threats against politicians or political activists; to prevent application of force against candidates and other electoral subjects.
[1] According to evaluation of OPORA's observers
[2] Top violations – 2012 elections: http://oporaua.org/vybory/parlamentelections
[3] OPORA's comment on the use of force: http://oporaua.org/news/6149-komentar-opory-shchodo-zastosuvannja-nasylstva-do-gr-pylypyshyna-vp-shcho-bulo-povjazano-iz-vyborchym-procesom
[4] According to the Article 107(9) of the Law of Ukraine on Elections of People's Deputies of Ukraine
[5] According to the Article 107(10) of the Law of Ukraine on Elections of People's Deputies of Ukraine
[6] In the interpretation of the Article 55 of the Law of Ukraine on Elections of People's Deputies of Ukraine
[7] In the interpretation of the Article 55 of the Law of Ukraine on Elections of People's Deputies of Ukraine
[8] Article 67(5) of the Law of Ukraine on Elections of People's Deputies of Ukraine
[9] CEC Resolution #858 on Establishment of District Election Commissions for Early Elections of People's Deputies of Ukraine to be Held on 26 October 2014, of 9/5/2014. http://www.cvk.gov.ua/pls/acts/ShowCard?id=38140&what=0
[10] According to the Article 8 of the Law of Ukraine on Guaranteeing the Rights and Freedoms of Citizens and on the Legal Regime on the Occupied Territory of Ukraine, the voting shall not be organized on the temporarily occupied territory of Ukraine during election of the President of Ukraine, elections to the Parliament, or during the national referendum.
http://zakon2.rada.gov.ua/laws/show/1207-18/print1382600118350845
[11] According to OPORA's estimations, approximately 25% of DEC members of the total number of members in DECs didn't participate in their first meetings.
[12] In total, 3804 persons were included to the membership of 213 DECs for early elections to the Parliament.
[13]Article 37(2) of the Law of Ukraine on Elections of People's Deputies of Ukraine.
[14]Articles 38(3), 46(6), 28(4), 107(3.1), 78(8) of the Law of Ukraine on Elections of People's Deputies of Ukraine.
[15] 21 DECs were created in Donetsk oblast and 11 in Luhansk oblast.
[16] A number of settlements in single-member districts #59 and 60 are controlled by illegal armed groups, but DECs prepare the district and particularly settlements controlled by legitimate government to the voting. According to the CEC Resolution #1165 of 9/25/2014, the DEC will be moved to city of Kurakhove (Mariinskyi raion, Donetsk oblast), as long as the district center city of Mariinka is under militants' firing.
[17] A number of settlements in SMD #106 are controlled by illegal armed groups, but SMD #113 is all controlled by legitimate government.
[18] Settlements in Luhansk oblast that are not included in these districts are divided between the legitimate government and illegal armed groups.
[19] Donetsk oblast http://www.cvk.gov.ua/pls/acts/ShowCard?id=38784&what=0
[20] Luhansk oblasthttp://www.cvk.gov.ua/pls/acts/ShowCard?id=39113&what=0
[21] http://www.cvk.gov.ua/pls/acts/ShowCard?id=27247&what=0
[22]http://www.cvk.gov.ua/pls/acts/ShowCard?id=27544
[23]http://www.cvk.gov.ua/pls/acts/ShowCard?id=38810&what=0
http://www.cvk.gov.ua/pls/acts/ShowCard?id=39051&what=0
[24] The powers of CEC related to organization and conduct of the parliamentary elections in Ukraine are listed in Article 30 of the Law of Ukraine on Elections of People's Deputies of Ukraine.
[25]http://www.cvk.gov.ua/pls/acts/ShowCard?id=38452&what=0
[26]http://www.cvk.gov.ua/pls/acts/ShowCard?id=38456&what=0
[27]http://www.cvk.gov.ua/pls/acts/ShowCard?id=38407&what=0
[28]http://www.cvk.gov.ua/pls/acts/ShowCard?id=38571&what=0
[29] At the same time, there is no annex containing amendments made to the estimate budget on website of the CEC.
[30]http://www.cvk.gov.ua/pls/acts/ShowCard?id=38406&what=0
[31]http://www.cvk.gov.ua/pls/acts/ShowCard?id=38875&what=0