On 25 September, Irpin territorial election commission has refused to register official observers of Civil Network OPORA. Today, on 2 October, Kyiv District Administrative Court has ruled that this decision of the TEC is illegitimate, and canceled it.
On 25 September, Irpin territorial election commission has refused to register official observers of Civil Network OPORA. It has stated in its resolution that registration documents of two candidates doesn't contain information about the work place, what is against the Article 66 (5) of the Law of Ukraine on Local Elections. Besides that, there are no copies of passport pages with residence registration information in attachments, what is against the Article 66 (4) of the Law of Ukraine on Local Elections.
Representative of Irpin territorial election commission was trying to prove in the court that although the law doesn't require to attach copies of passport pages with residence registration information, such requirement is obvious from law regulations saying that citizens of Ukraine who want to become official observers should live within a territorial community where elections are held.
The Court has ruled that Resolution by which Irpin TEC has refused to register official observers of Civil Network OPORA is unlawful, and invalidated it.
The Court has also listed the requirements to official observers established by the Law:
- to be a citizen of Ukraine;
- to be eligible to vote;
- an election commission member; an official of the state executive bodies, a court, law enforcement bodies, state bodies of the Autonomous Republic of Crimea, or local self-government bodies; and a person in alternative (non-military) service cannot be an official observer representing a non-governmental organization.
Besides that, the Court has emphasized that the wording “eligible to vote” in Article 66 (4) has a broader sense than the “eligible to vote in the corresponding local elections”. The wording used in Article 66 (4) is not associated with the place of residence, as long as official observers are expected to observe elections on the whole territory of Ukraine where elections are held. Thus, the wording “eligible to vote citizen of Ukraine” must be interpreted in this case in accordance with Article 70 of the Constitution of Ukraine (citizens of Ukraine Citizens of Ukraine who have attained the age of eighteen years on the day elections are held shall be eligible to vote).
Thus, the Law doesn't require copies of documents certifying the identity to register official observers from non-governmental organizations.
As for the absence of information about occupation of two candidates for official observers, the Court considered it insignificant, as long as occupation of a person is not related to his/her right to become an official observer of non-governmental organization or the right to vote.
Thus, the Court has obliged Irpin TEC to register all individuals enlisted in registration documents as official observers of the Civil Network OPORA All-Ukrainian NGO.
On 25 September, Irpin territorial election commission has refused to register official observers of Civil Network OPORA. Today, on 2 October, Kyiv District Administrative Court has ruled that this decision of the TEC is illegitimate, and canceled it.
On 25 September, Irpin territorial election commission has refused to register official observers of Civil Network OPORA. It has stated in its resolution that registration documents of two candidates doesn't contain information about the work place, what is against the Article 66 (5) of the Law of Ukraine on Local Elections. Besides that, there are no copies of passport pages with residence registration information in attachments, what is against the Article 66 (4) of the Law of Ukraine on Local Elections.
Representative of Irpin territorial election commission was trying to prove in the court that although the law doesn't require to attach copies of passport pages with residence registration information, such requirement is obvious from law regulations saying that citizens of Ukraine who want to become official observers should live within a territorial community where elections are held.
The Court has ruled that Resolution by which Irpin TEC has refused to register official observers of Civil Network OPORA is unlawful, and invalidated it.
The Court has also listed the requirements to official observers established by the Law:
1. to be a citizen of Ukraine;
2. to be eligible to vote;
3. an election commission member; an official of the state executive bodies, a court, law enforcement bodies, state bodies of the Autonomous Republic of Crimea, or local self-government bodies; and a person in alternative (non-military) service cannot be an official observer representing a non-governmental organization.
Besides that, the Court has emphasized that the wording “eligible to vote” in Article 66 (4) has a broader sense than the “eligible to vote in the corresponding local elections”. The wording used in Article 66 (4) is not associated with the place of residence, as long as official observers are expected to observe elections on the whole territory of Ukraine where elections are held. Thus, the wording “eligible to vote citizen of Ukraine” must be interpreted in this case in accordance with Article 70 of the Constitution of Ukraine (citizens of Ukraine Citizens of Ukraine who have attained the age of eighteen years on the day elections are held shall be eligible to vote).
Thus, the Law doesn't require copies of documents certifying the identity to register official observers from non-governmental organizations.
As for the absence of information about occupation of two candidates for official observers, the Court considered it insignificant, as long as occupation of a person is not related to his/her right to become an official observer of non-governmental organization or the right to vote.
Thus, the Court has obliged Irpin TEC to register all individuals enlisted in registration documents as official observers of the Civil Network OPORA All-Ukrainian NGO.