Open appeal of the OPORA to electoral subject the Petro Poroshenko Bloc political party, and the Central Election Commission concerning the nomination and registration of MP candidate Vitalii Chudnovskyi in SMD #200.

On 14 September, the tenth special congress of the Petro Poroshenko Bloc political party was held in Kyiv, dedicated to nomination of MP candidates in nationwide and single-mandate election districts. The congress was covered by the media and opened to media representatives. As long as the access to the party congress of the Petro Poroshenko Bloc was open for journalists, including representatives of OPORA's printed publication, we managed to record all MP candidates supported by the congress delegates.

According to the Law of Ukraine on Elections of People's Deputies of Ukraine, nomination of candidates in single-member districts shall be made by a party on its party congress (meeting, conference) in accordance with the party statute[1].

According to the data gathered by OPORA's representatives and mass media information messages, the nomination of Vitalii Chudnovskyi in SMD #200 wasn't discussed on the congress. Besides that, there's no public information about voting on Chudnovskyi candidacy by congress delegates.

According to the CEC Resolution #1299 of 9/27/2014[2], Vitalii Chudnovskyi was registered as MP candidate in SMD #200, nominated by the Petro Poroshenko Block political party. At the same time, there is a requirement for registration of candidates in single-mandate districts nominated by parties, saying that the decision of the leading body of a party, containing information about a nominee, should be submitted to the CEC. Thus, there are reasons to assume that Chudnovskyi was included to the decision of the party's leading body submitted to the CEC without nomination on the party congress.

Taking into consideration the facts given above, OPORA suggests that:

The electoral subject Petro Poroshenko Bloc political party:

  • Promulgate information about discussion of nomination of Vitalii Chudnovskyi on the congress, and the decision of congress on this issue (if there is any);
  • To inform the public about the grounds for inclusion of Vitalii Chudnovskyi to the decision of party's leading body, submitted to the CEC for registration of candidates in single-member districts.

The Central Election Commission:

  • Inform the public and mass media about consideration of documents submitted by the Petro Poroshenko Block to the CEC for registration of MP candidate in SMD #200 Vitalii Chudnovskyi.
  • Under the Laws of Ukraine on the Central Election Commission, and on Elections of People's Deputies of Ukraine, inform the Petro Poroshenko Bloc political party and other electoral subjects about legal consequences of nomination procedure, if there is any.

OPORA would like to mention that the Law of Ukraine on Elections of People's Deputies of Ukraine doesn't provide nomination procedure detailed enough to secure proper consideration of candidacies by party congress delegates, and to secure due influence of regional and local party organizations on final decisions. At the same time, the fact that certain procedures of organizing party congresses are regulated by parties complicates civic watchdog over nomination of candidates for MPs of Ukraine.

In response to open appeal of the Civil Network OPORA to the Petro Poroshenko Bloc and the CEC concerning nomination of Vitalii Chudnovskyi on 6 October 2014, OPORA received a statement of the Cherkasy oblast organization of the Petro Poroshenko Bloc political party.

Statement of the Cherkasy oblast organization of the Petro Poroshenko Bloc political party concerning nomination of Vitalii Chudnovskyi in single-mandate majoritarian district #200

The name of Vitalii Chudnovskyi wasn't aired on the party congress of the Petro Poroshenko Bloc due to the political reasons. The party didn't want to reveal the name of this candidate to competitors, especially to the famous "bid king" Yatsenko: Congress delegates from Cherkasy oblast organization of the party confirm that Chudnovskyi was enlisted as a candidate from the Petro Poroshenko Bloc in single-mandate majoritarian election district, and was supported by delegates. Vitalii Chudnovskyi himself was on the ATO frontline in Aidar battalion when the party congress was held.

Besides that, the legislation doesn't require mandatory reading full lists of candidates, and some parties read only first five or ten candidates in their lists. Political party led by the President of Ukraine Petro Poroshenko demonstrates openness transparency, and is ready to fight against those who bribed people in 2012 and remains of the Yanukovych regime. We hope that citizens of Cherkasy and Uman will not sale their votes for 200 UAH to servants of the previous government, devoted to Yanukovych clan and the Party of Regions.

Besides that, as an answer to open appeal of the Civil Network OPORA of six October 2014, the Deputy Head of Cherkasy oblast organization of the Petro Poroshenko Bloc political party Serhii Volodymyrovych Krasula commented:

"I was a delegate on the party congress as the Deputy Head of Cherkasy oblast organization of the Petro Poroshenko Bloc political party, and would like t officially confirm that the candidate of Vitalii Chudnovskyi was agreed to be nominated in single-mandate majoritarian election district #200 by the party congress. The party decided to promulgate information about nomination of Chudnovskyi after official registration, in order to prevent Mr. Yatsenk start his dirty campaign against a strong competitor before the start of the election campaign. Vitalii Chudnovskyi himself was on the ATO frontline with Aidar battalion when the party congress was held."

[1]Article 53(1) of the Law of Ukraine on Elections of People's Deputies of Ukraine.

[2]http://www.cvk.gov.ua/pls/acts/ShowCard?id=38921&what=0