On 6-8 June, Chernihiv Oblast Prosecutor's Office, by sole consent of the Head of District Election Commission #205 Mykhailo Punko, has withdrawn nomination documents submitted for registration of PEC members. Such actions were disapproved by some MP candidates claiming that it's interference in the electoral process, as long as there's a risk that their nominees won't be registered as PEC members. The Right Sector representatives were rallying in front of Chernihiv Oblast Prosecutor's Office yesterday demanding to return the withdrawn nomination documents. According to OPORA's representative, on 8 July in the evening, Deputy Head of the DEC Anna Levchuk has informed that all the documents were returned to the DEC and the Commission continues working as usual.
On the basis of a statement filed by Ukrainian citizen (oblast prosecutor's agency keeps information about the citizen secret for investigation purposes), Chernihiv Oblast Prosecutor's Office has included the reported information into the Unified State Register of Pre-Trial Investigations concerning malfeasance in office, committed by members of a district election commission in single-member district #205 http://chrg.gp.gov.ua/ua/news.html?_m=publications&_t=rec&id=158629 who have received forged applications from citizens giving consent to work in precinct election commissions, with elements of an offense under Article 364 (2) of the Criminal Code of Ukraine (abuse of power or malfeasance in office which caused grave consequences).
On 6 July 2015, investigation officer of the Chernihiv Oblast Prosecutor's Office has filed a letter to DEC #205requesting to provide the abovementioned documents on the basis of criminal proceeding #42015270000000197 initiated on 7/4/2015 concerning abuses of power committed by officials of the DEC who received knowingly false applications from nominees for PEC membership.
According to the information available, on Monday 6 July 2015, investigation officers have withdrawn all 59 nomination documents and consent applications (with attachments) in both paper and electronic copies. Head of the District Election Commission #205 Mykhailo Punko has agreed to provide the demanded documents without any objections. It should be mentioned that according to the resolution of the Central Election Commission #104 as of 26 July 2015 http://www.cvk.gov.ua/pls/acts/ShowCard?id=40824&what=0, ex-Head of the District Election Commission in district #205 Znachko Valentyna Opanasivna, representing the Syla I Chest political party was substituted by representative of another political party Punko Mykhailo Viktorovych.
Chernihiv journalists have informed that nomination document submitted after the first incident were withdrawn on 7 July 2015. District Election Commission passed decision #26 as of 7/7/2015 allowing to withdraw nomination documents submitted by 21 electoral subjects. According to the DEC decision, these documents were provided to criminal investigation officer Volodymyr Shmarovoz on the basis of a letter #17-1531 from Prosecuror asking to withdraw folders with nomination documents submitted by 21 electoral subjects. In particular, the prosecutor's agency has withdrawn documents filed by the following candidates: O.O. Baraboshko, O.S. Ostanin, V.D. Khoroshkovskyi, Yu.O. Kondratiuk, I.V. Bieriendieiev, V.V. Ohorodnikova, V.I. Oriekhova, Yu.A. Chyrydnik, L.F. Nikolaienko, L.L. Nazarov, L.I. Sapon, V.M. Pochkai, Yu.M. Tarasovets, Samopomich Union, O.S. Kharchenko, S.V. Zakharchenko, O.V. Krezub, P.V. Kleikevych, R.P. Mikailov, S.O. Karpov, V.H. Romanenko.
Thus, according to the information provided by an online edition "Events and Comments", the Chernihiv Oblast Prosecutor's Office has withdrawn 85 sets of documents filed by PEC nominees as of 12:00 PM on 8 July. According to the information provided by the DEC, there were 91 sets of documents received. Most of them have been already included in the Vybory electronic database.
On 8 July, representatives of the Right Sector and Andrii Denysenko, MP from Dnipropetrovsk oblast nominated by Petro Poroshenko Block who is currently not affiliated in any parliamentary faction, have gathered in front of the Chernihiv Oblast Prosecutor's Office demanding to return the nomination documents. Representatives of the CN OPORA inform that there were many students of Chernihiv National Technological University among rallying people
Besides that, member of the DEC #205 Oleksandr Tokalenko (representing the Strong Ukraine party of Serhii Tihipko) was also present near the premises of oblast prosecutor's agency, authorized to represent Commission's interests in the Prosecutor's Office and return the withdrawn documents (Photo 6).
Some time later, MP candidate Hennadii Korban, nominated in district #205 by the Ukrainian Union of Patriots – UKROP, has arrived at the rallying point and, together with journalists and representatives of the Civil Network OPORA, came into the premises of Chernihiv Oblast Prosecutor's Office to ask about reasons why the nomination documents were withdrawn (Attachment – Photo 7).
According to OPORA's representative, Chernihiv Oblast Prosecutor Viktor Nosenko has informed Hennadii Korban, Andrii Denysenko and journalists that the documents are already being returned by criminal investigation officer Volodymyr Shmarovoz escorted by SBU employees (after taking copies for investigation purposes). However, DEC member Oleksandr Tokalenko has refuted this information, affirming that the Commission Head was on his way to the Office of Security Service of Ukraine in Chernihiv oblast to receive the documents there. Mr. Nosenko didn't explain why SBU employees were assisting in the investigation. However, he informed the journalists that the criminal proceeding was initiated on the basis of information about forged applications from nominees for PEC members by an employee of the District Election Commission #205. (Attachment – Video 5-7).
OPORA's representative has managed to get a comment from Deputy Head of the Security Service of Ukraine, who said that the documents were in SBU department by an order of investigation officer of the prosecutor's agency, but were supposed to be in DEC premises at the time of his comments (Attachment – Video 8).
Thus, the documents many have been returned to the DEC during the time from a talk with the Prosecutor to a meeting with the SBU representative.
When OPORA's representative arrived to the DEC, a car of the State Courier Service (operational military courier communications) was standing next to its entrance, which was apparently used to return the documents (Attachment – Picture 8).
According to OPORA's representative, Deputy Head of the DEC Anna Levchuk (representing the All-Ukrainian Union Batkivshchyna political party, which has a faction registered under the Apparatus of the Verkhovna Rada) has informed at 6:00 PM on 8 July that all the documents were returned to the DEC and the Commission continues working as usual.
Representatives of the Civil Network OPORA continue watching the situation as a part of citizen monitoring of an MP of Ukraine in district #205, and informing the public about any changes.
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