In December 2018, OPORA continued monitoring pre-electoral situation in Ukrainian regions and analyzing early campaigning efforts of potential candidates and related political parties and organizations. Election observation of the Civil Network OPORA is a network activity, aimed at impartial assessment of the preparation and conduct of an election process. Observation goal is to identify key problems in the election process, create an evidence base and prevent violations through civic oversight not only during elections, but also during inter-election period.

SUMMARY

At least 20 potential candidates have began extensive campaigns

During the last few months, Civil Network OPORA has been realizing a long-term observation of political players and public institutions, as well as general preparations to the presidential election in Ukraine. As of the end of December 2018, we can assume that at least 20 potential candidates have began extensive campaigns using various forms of campaigning. They have also mobilized party structures and used significant financial resources. Most of candidates from the list have been campaigning in such a way for over three last months, what is longer than an official election campaign, when campaigning is regulated by the law.

Thus, Yuliia Tymoshenko, Petro Poroshenko and Oleh Liashko have the most active and long early campaigning. They lead in various sectors of political advertising and involvement in regional public activities.

Political advertisement on outdoor advertising means is the most widespread type of early campaigning. We have noticed billboards of 20 potential candidates for the President in many regions of Ukraine, and two of them (Yuliia Tymoshenko and Petro Poroshenko) have placed advertisements in each region without exception.

The number of political advertising in printed regional mass media has significantly increased. In the last month, we noticed regular black PR in this type of early campaigning. OPORA's observers noticed repeated incidents of dirty campaigning in regional media (Ternopil, Chernihiv, Vinnytsya and Kherson oblasts), directed against potential candidates, particularly Zelenskyi and Yuliia Tymoshenko. A lot of political advertising have already been placed in printed mass media in a hidden way, with no marking, bringing risks into official election process. Such manipulations are against both journalism standards and the Law on Advertising.

Early campaigning has spread to a wider territory compared to previous months despite the fact that martial law was imposed (covering 19 oblasts, where observers report active campaigning efforts) and has intensified (except for Zakarpattia, Cherkasy, Chernivtsi, Poltava, and Zhytomyr oblasts).

By the end of December, observers reported at least 79 regional visits

Potential candidates have increased the frequency of their visits to regions over the last few months. Thus, as of the end of December observers reported at least 79 regional visits. Petro Poroshenko and Oleh Liashko have visited the biggest number of regions. Besides that, these two politicians together with Ruslan Koshulynskyi have visited the biggest number of settlements and held the biggest number of events. In December, Dnipropetrovsk oblast was the most popular among candidates who visited it for campaigning purposes.

Thus, potential candidates were focused on educational, health care, social and budgetary institutions, public administration bodies, communal and private enterprises. Candidates, who were the least active in regional visits, communicated with local party activists, supporters, and regional mass media. Due to the absence of legislative restrictions and proper legal framework, potential candidates still use pre-electoral charities. In particular, we noticed Oleh Liashko and Petro Poroshenko using them (7 and 5 incidents respectively).

Another problem is that public officials and servants at different levels participate in campaigning events of potential candidates. IT concerns not only the fact that potential candidates participate in events organized by public officials (like on visits of the President Petro Poroshenko), but also in events organized by politicians who do not hold public offices (like on visits of Arsenii Yatseniuk). Thus, according to OPORA's data, public officials participated in 67% of events, held by leader of People's Front party Arsenii Yatseniuk. As for events of the current President of Ukraine, the percentage of public officials' attendance is also quite high. Besides that, there were some events of Oleh Liashko and Ruslan Koshulynskyi, attended by public officials.

We are also concerned about incidents when potential candidates face obstructions in their political activities yet before the official start of campaign, which were detected in Odesa and Chernihiv oblasts against Anatolii Hrytsenko.

POLITICAL BACKGROUND OF EARLY CAMPAIGNING IN REGULAR ELECTION OF THE PRESIDENT OF UKRAINE

Quite intense early campaigning of potential candidates for the President of Ukraine were combined with preparations of current MPs of Ukraine and local political leaders to regular parliamentary elections. Activeness of a big part of potential candidates for MPs of Ukraine has influenced presidential election. It is related to their affiliation in political parties, which are planning to nominate candidates for the President of Ukraine.

OPORA's observers have noticed many incidents when charitable activities were organized on behalf of councilors or officials from local councils, as well as MPs of Ukraine, often using party symbols. Unfortunately, the voters often receive goods and services, including product sets, which have already became a business card of wide-scale indirect voter bribery technologies. Current MPs of Ukraine are also actively using budget subventions on social and economic development for their personal promotion, as reported in OPORA's special report. These activities of local political leaders and MPs of Ukraine are not related directly to the President of Ukraine, and can negatively influence the competitiveness of presidential campaign. It should be mentioned that the certain potential candidates for the President of Ukraine are also directly involved in so-called charitable activities or are using budget programs for their personal benefit, but activities of local political groups and MPs of Ukraine are the most widespread.

OPORA calls on the future candidates for the President of Ukraine not only to guarantee the legitimacy of their campaigning, but also promote adherence to the standards of political activities by their local political teams.

As for the legitimacy of official campaigning, we have some concerns about some incidents involving collection of personal data from voters by some non-governmental, charitable and party organizations. For example, there were such activities detected in Mariupol (Donetsk oblast) Kryvyi Rih (Dnipropetrovsk oblast), some settlements of Kyiv oblast etc. These data can be used for organization of illegal technologies, which involve offering material incentives to the voters.

Early campaigning in election of the President of Ukraine shows that mass media representatives should strengthen the dialog concerning adherence to journalistic standards. Regional mass media place early campaigning of potential candidates and political parties, which doesn't have authorship attribution. Such practice misleads target audience of these media, facilitates shadowed financing of political events, and hazards unbiased formation of will.

Such difficulties in guaranteeing of political impartiality of state officials and civil servants during the elections require active dialog at local level. Some territorial communities (Lviv) discuss the need to pass local decisions on prevention and counteraction to misuse of administrative resources in an election process. OPORA calls on state authorities at national and local levels to take every possible measure to avoid the misuse of government resources for electoral purposes.

ACTIVITIES OF THE CEC BEFORE OFFICIAL START OF THE ELECTION PROCESS

To organize the election process properly, the CEC has approved in December 2018 a Calendar Plan for organization and conduct of regular election of the President of Ukraine. Development and approval of such document is not provided by the Law on Election of the President of Ukraine, but is an appropriate practice, used by the CEC for election planning and informing of electoral subjects about its realization. According to the Calendar plan, the election process shall start on 31 December 2018. Nomination of candidates for the President of Ukraine starts with the election process and lasts until the 55th day before election (before 3 February 2019 inclusive). The CEC is obliged to finish the registration of candidates for the President of Ukraine before 8 February inclusive (not later than 50 days before the voting day). According to the Law of Ukraine on Election of the President of Ukraine and the Election Calendar Plan, election campaigning of a candidate shall start on the next day after his official registration, and finish not later than 00:00 AM on the last Friday before the election day.

The CEC has also approved a procedure to verify the receipt, accounting and use of electoral funds of candidates for the President of Ukraine (CEC Resolution #250 of 12/20/2018). This procedure should play a practical role in realization of the Law of Ukraine on Election of the President of Ukraine concerning interim and final reporting on the receipt and use of electoral funds of candidates. According to the effective legislation, an electoral fund manager shall submit an interim financial report to the CEC, National Agency for the Prevention of Corruption (NAPC), and party (if a candidate is nominated by a party). The final financial report shall be submitted to the same institutions not later than the fifteenth days after the election day.

The procedure says oversight of electoral funds shall be divided into spheres of responsibility. On the one hand, the Central Election Commission and banks must watch the receipt, accounting and use of electoral funds. On the other hand, the NAPC must watch the adherence to law requirements on campaign financing by candidates. Besides that, it provides new procedures for coordination between the CEC and NAPC in a special working group. This working group will have a task to detect any violations of requirements on formation and use of electoral funds, as well as collection and systematization of banking data. Working group of the CEC and NAPC will make draft analyses of financial reports on the receipt and use of electoral funds. OPORA didn't have an opportunity to read the procedure, what proves that CEC practices should be reformed. For example, a Road Map for CEC Reform, presented by non-governmental organizations during rotations in CEC membership, includes a set of priorities aimed to guarantee inclusiveness and transparency of the highest election administration body. Non-governmental organizations suggested to introduce a prompt publication of draft resolutions, verbatim records and hearings, resolutions, separate opinions on resolutions, and other public information on website of the CEC. These innovations would facilitate the development of new electoral procedures by the CEC, including oversight of electoral funds. At the same time, coordination between the CEC and NAPC during an election process is highly welcomed, and governmental bodies should make every effort to realize oversight mechanisms in practice.

In Resolution #251 of 12/20/2018, the CEC appealed to Donetsk and Luhansk OSAs (military and civilian administrations) for an opinion on whether it's possible to organize and conduct regular election of the President of Ukraine in the corresponding territorial election districts. Donetsk and Luhansk MCAs should give the CEC opinions on each electoral district besides those within temporarily occupied territories or close to the front line zone before 28 December this year. When taking this decision, the CEC referred to Article 4(3.1) of the Law of Ukraine on Military and Civil Administrations, which gives MCAs the authority to pass opinions on whether it's possible/impossible to organize and conduct election on territories of Donetsk and Luhansk oblasts.

OPORA draws attention to the absence of regulations in the Law of Ukraine on Election of the President of Ukraine concerning formation and use of opinions of military and civilian administrations on a possibility to organize elections. Such regulations are present only in the Law of Ukraine on Local Elections, saying the CEC has authority to decide on impossibility of holding local elections based on opinions from OSAs. Although current Law of Ukraine on Election of the President of Ukraine establishes legal response on destabilization of electoral process, it doesn't provide a direct procedure allowing to determine that it's impossible to hold election yet before the start of election administration process.

When the CEC passed its Resolution concerning appeal to Donetsk and Luhansk oblast MCAs, thewe was a legal uncertainty about authority of the CEC to decide on impossibility of holding election on the certain territories of Donetsk and Luhansk oblasts based on opinions from OSAs. Another serious problem is the absence of assessment criteria for safety situation and requirements to opinions of MCAs concerning elections. OPORA believes that the experience of holding first local elections in UTCs of Donetsk and Luhansk oblasts showed us examples of inadequately justified decisions on impossibility to hold the vote. To guarantee universal suffrage on election of the President of Ukraine, there should be no unverified or politically motivated decisions to skip election on the certain territories of Donetsk and Luhansk oblasts. It will require the CEC, Donetsk and Luhansk OSAs (MCAs), as well as other government bodies to analyze the situation in both regiona and stick to the legislation.

OPORA would like to emphasize to the CEC that internally displaced persons from temporarily occupied territories of Donetsk and Luhansk oblasts need additional explanations on practical realization of their voting rights and the opportunity to temporarily change a voting location without changing of an election address According to a special Procedure, approved by the CEC, voters, whose election address lies within temporarily occupied territories of raions, cities, settlements and villages or their parts in Donetsk and Luhansk oblasts, are not required to bring documents proving the need to change the voting location temporarily. However, the Procedure says that the list of such cities, settlements and villages are determined by the President of Ukraine in accordance with the Law of Ukraine on Peculiarities of the State Policy in the Securing of State Sovereignty of Ukraine over Temporarily Occupied Territories in Donetsk and Luhansk Oblasts. During preparation of this report, the President of Ukraine hasn't compiled the list yet, what may hazard involvement of this group of citizens in voting process. As a way out, it's possible to refer in the Procedure for a temporary change of voting location without changing of an election address to acts of the Cabinet of Ministers of Ukraine approving the list of settlements, where state authorities are temporarily out of power, and the list of settlements on the boundary line. We should mention that internally displaced persons from temporarily occupied territories of Autonomous Republic of Crimea and the city of Sevastopol are not required to bring documents proving a need to change voting location temporarily without changing of an election address.

EARLY ELECTION CAMPAIGNING

Observers of Civil Network OPORA have noticed that the scale and intensity of early campaign has increased in December 2018. Moreover, de-facto campaigning at regional level is organized by party structures and politicians is aimed not only at presidential election, but also at future parliamentary and local elections. Thus, the risks of shadowed use of funds in electoral purposes are increasing due to the absence of controlling mechanisms and sanctions for violation of electoral standards.

Despite the martial law was imposed in some regions of Ukraine, early campaigning has spread from 19 to 25 regions of Ukraine compared to previous months, where potential candidates organized active public activities using various forms of campaigning simultaneously. OPORA's observers have noticed that early campaigning in Zakarpattia, Cherkasy, Chernivtsi, Poltava, and Zhytomyr oblasts was quite inactive.

While wide-scale early campaigning in September –October (not including solitary instances) was organized by13 potential candidates, campaigning in various regions of Ukraine in the end of December was organized by already 20 potential candidates. Thus, CEC's important statement concerning inadmissibility of early campaigning (published on 15 November 2018) hasn't influenced potential candidates for the president.

Thus, Petro Poroshenko, Yuliia Tymoshenko and Oleh Liashko remain the leaders in scale and diversity of campaigning. Activeness of Andrii Sadovyi, compared to other potential candidates and his main competitors in particular, has slightly decreased in December. In particular, we noticed a decrease in amount of audio, video and printed campaigning. Arsenii Yatseniuk, who launched a full-scale campaign last month, has been dominating in different segments of early campaigning in December. The amount of outdoor advertising with slogan “President serves the people”, which associates with art director of the Studio “Kvartal 95” Volodymyr Zelenskyi, has also significantly increased in December. As for the activeness of other candidates, the trends and dynamics are the same as in the previous period.

Outdoor advertising is most popular type of early campaigning (billboards, city lights). Printed media and personally printed campaign materials are less popular among potential candidates. Only some potential candidates use audio and video mass media and internet for campaigning purposes.

The following potential candidates used wide-scale political advertising on outdoor advertising means: Yuliia Tymoshenko (thematic billboards of the program “New course”, “Price for Ukrainian gas will be cut in half”; Petro Poroshenko (thematic billboards “Army, faith, language. We have our own path”, “Far from Moscow”); Anatolii Hrytsenko (billboards “Fair prevail”); Volodymyr Zelenskyi (thematic billboards “Serving the people”, which do not promote a potential candidate directly, but the slogan belongs to a TV series, produced by the Studio “Kvartal 95”, with Volodymyr Zelenskyi as a leading actor; Oleh Liashko (billboards “People's President”, “High tariffs or high pensions”); Arsenii Yatseniuk (thematic billboards “Stopped default in 2014”, “Power supply independence”, “Road to NATO”); Yevhenii Muraiev (thematic billboards of the “Nashi” political party). Political advertisement on outdoor advertising means is equally spread in both oblast centers and smaller towns.

In December, observers have noticed for the first time outdoor advertising of potential candidate from AUU “Svoboda” and other nationalistic parties (Right Sector, OUN, KUN) of Ruslan Koshulunskyi with his photo and slogan “The only choice of Ukrainians”.

Activeness of potential candidates in outdoor advertising segment

Potential candidate Number of regions with wide-spread placement of outdoor advertising of a candidate
Petro Poroshenko 24
Yuliia Tymoshenko 24
Andrii Sadovyi 20
Arsenii Yatseniuk 20
Anatolii Hrytsenko 19
Oleh Liashko 19
Volodymyr Zelenskyi 12
Yevhenii Muraiev 11

As for early campaigning in printed mass media, the largest amount referred to Petro Poroshenko (often detected in 20 regions) and Yuliia Tymoshenko (often detected in 18 regions). The key problem is that political advertising in regional mass media is usually placed with no marking. All similar materials have the same features of hidden advertising: mention surname of a potential candidate in the title, has a picture of a hero placed in the material, the text is positive, some materials are published in different editions. Hidden advertising in regional mass media concern the most often activities of Yuliia Tymoshenko and Petro Poroshenko, Oleh Liashko is related to less often. Besides that, observers have noticed in some regions (Ternopil, Chernihiv, Vinnytsia, and Kherson oblasts) a dirty campaigning (“black PR”) in printed mass media against Volodymyr Zelenskyi and Yuliia Tymoshenko. Thus, article “Vova Zelenskyi is a star time for Ihor Kolomoiskyi” was noticed in 11 raion newspapers and editions of oblast center in Ternopil oblast, published from 19 to 21 December. Printed mass media placed on their pages the same text from author Oleh Panchuk, with the same photo and layout. Some quotations from the publication: “Oligarchs have noticed public demand for 'new faces', and started to create them”, “Ihor Kolomoiskyi will sponsor a few projects at once. The first of them is Volodymyr Zelenskyi”, “Zelenskyi was a court jester for Kolomoiskyi all these years”, and finally: “If we, despite all these facts, let oligarchs take us for a ride as morons and vote for Zelenskyi, than we should be honest to ourselves, and accept that WE ARE IDIOTS!”

Activeness of candidates in placement of early campaigning materials in regional printed mass media

Potential candidate Number of regions with a wide-scale early campaigning in printed mass media
Petro Poroshenko 20
Yuliia Tymoshenko 18
Oleh Liashko 13
Serhii Taruta 7
Anatolii Hrytsenko 5
Oleksandr Vilkul 4
Yurii Boiko 3
Vadym Rabinovych 3

In December, political parties became even more active in dissemination of printed campaign materials about potential candidates for the president using street tents. This form of early campaigning was used the most often by the following political parties: AUU “Batkivshchyna” (in support of potential candidate Yuliia Tymoshenko), Radical Party of Oleh Liashko (in support of Oleh Liashko), Civic Position (in support of Anatolii Hrytsenko), Peoples Front (in support of Arsenii Yatseniuk), AUU “Svoboda” (in support of Ruslan Koshulynskyi), Samopomich Union (in support of Andrii Sadovyi). Besides that, materials about potential candidates, printed by parties, are increasingly often disseminated by campaigners in crowded places.

Party representatives disseminating party newspapers and other printed materials from tents were noticed in December not only in oblast centers but also in raions. However, the quantity of street campaigning targeted at local elections has decreased in regions, where the first local elections in UTCs were canceled after imposing the martial law.

Activeness of potential candidates or their local teams in dissemination of printed campaign materials

Potential candidate Number of regions where printed campaign materials were disseminated at a wide scale
Yuliia Tymoshenko 18
Arsenii Yatseniuk 17
Oleh Liashko 16
Anatolii Hrytsenko 14
Andrii Sadovyi 13
Oleksandr Shevchenko 8
Ruslan Koshulynskyi 7
Petro Poroshenko 6

Potential candidates and headquarters of parties continue actively using online mass media and social networks for campaigning purposes. Yuliia Tymoshenko, Petro Poroshenko were noticed the most often in regional online media, Anatolii Hrytsenko and Oleh Liashko were noticed a little less. In regional online media, observers have also detected materials with features of hidden advertising, but their quantity is miserable compared to printed mass media.

Activeness of potential candidates in early campaigning using regional online media (TV and radio)

Potential candidate Number of regions with a wide-scale early campaigning in local online media
Petro Poroshenko 18
Yuliia Tymoshenko 16
Oleh Liashko 10
Anatolii Hrytsenko 10
Andrii Sadovyi 7
Yurii Boiko 5
Oleksandr Vilkul 5
Serhii Taruta 4

As for early campaigning in audio and video mass media (TV and radio), OPORA's observers have divided potential candidates into two categories: those who use mass media to inform about their visits to regions (Andrii Sadovyi, Oleksandr Shevchenko, Anatolii Hrytsenko and others); and those who inform about themselves constantly, regardless of whether they visit oblasts or not (Petro Poroshenko, Yuliia Tymoshenko and Oleh Liashko).

Every week, regional TV channels (particularly in Volyn, Kherson, Ternopil, and Lviv oblasts) broadcast TV series “Time for Justice” with Oleh Liashko in the lead role. First four episodes concerned the problems of citizens in Dnipropetrovsk, Cherkasy, and Rivne oblasts. The Radical Party informed OPORA that the party has a national hot line phone to receive calls from citizens who need help. The problems which people tell on hot line are later used for the TV program, broadcasted locally. Production of the program is ordered by the Radical Party of Oleh Liashko, and it is filmed by 34th Channel, broadcasted in the city of Dnipro. Local TV channels broadcast the program based on contracts with the Radical Party, which is de-facto an early campaigning.

Activeness of potential candidates in early campaigning using regional audio and video media (TV and radio)

Potential candidate Number of regions with a wide-scale early campaigning on TV and radio
Petro Poroshenko 16
Yuliia Tymoshenko 12
Oleh Liashko 11
Oleksandr Vilkul 6
Andrii Sadovyi 5
Oleksandr Shevchenko 5
Anatolii Hrytsenko 4
Serhii Taruta 3

Besides Petro Poroshenko and Yuliia Tymoshenko, public events and street actions were used in early campaigning by Oleh Liashko, Ruslan Koshulynskyi and Andrii Sadovyi. Oleksandr Vilkul and Serhii Taruta also used them, but at smaller geographic scale. Observers have also noticed that the intensity of public street events had increased in oblasts where martial law was imposed, compared to November. According to assessments from observers, the events held by Petro Poroshenko involved the biggest number of people.

REGIONAL VISITS OF POTENTIAL CANDIDATES FOR THE PRESIDENT OF UKRAINE

In 1-25 December 2018, observers of Civil Network OPORA have noticed 79 regional visits of potential candidates for the President of Ukraine, who were included in opinion polls or announced about their intention to participate in the future race by themselves.

Potential candidates have ignored Vinnytsia and Luhansk oblast during the reporting period

Besides Kyiv, where most of potential candidates for the President of Ukraine live or work, Dnipropetrovsk oblast was the second in focus of political leaders. During the reporting period, this region was visited by 7 potential competitors, Kyiv oblast – by 5, Ternopil and Kharkiv oblasts – by 4 candidates each, and Volyn, Zhytomyr, Ivano-Frankivsk, Lviv, and Poltava oblasts – by 3 candidates each. Other regions were visited by less than three candidates. According to approximate data from OPORA's observers, potential candidates have ignored Vinnytsia and Luhansk oblast during the reporting period.

Rating of Ukrainian regions by the quantity of candidates' visits

Oblast How many candidates visited the region
city of Kyiv 17
Dnipropetrovsk 7
Kyiv 5
Ternopil 4
Kharkiv 4
Volyn 3
Zhytomyr 3
Ivano-Frankivsk 3
Lviv 3
Poltava 3
Donetsk, Zakarpattia, Zaporizhzhia, Odesa, Kherson, Khmelnytskyi, Cherkasy, Chernivtsi, Chernihiv 2
Kirovohrad, Mykolaiv, Rivne, Sumy 1
Vinnytsya, Luhansk 0

In December, the President of Ukraine Petro Poroshenko and leader of the Radical Party of Oleh Liashko, MP of Ukraine Oleh Liashko, visited the biggest number of regions. These potential candidates visited 8 oblasts of Ukraine. Head of Secretariat of the AUU “Svoboda” Ruslan Koshulynskyi and MP of Ukraine, member of the Opposition Bloc faction, Oleksandr Vilkul, visited 7 regions each. Head of the party Civic Position Anatolii Hrytsenko and leader of the “Opposition Platform – For the Life” Yurii Boiko visited 5 and 4 regions respectively. Head of AUU “Batkivshchyna” Yuliia Tymoshenko showed little activeness in regional visits, and focused on the Forum of Youth Organizations in Kyiv. We should mention, however, in November that Yuliia Tymoshenko was one of potential candidates who visited the regions with early campaigning efforts the most actively.

If we assess the activeness of candidates by the number of regional visits, but not the number of regions involved, Petro Poroshenko and Ruslan Koshulynskyi are the most active. These candidates made 10 visits to 8 and 7 regions respectively. In December, Petro Poroshenko made two visits to Zhytomyr and Kyiv oblasts. Ruslan Koshulynskyi, for his part, visited Kyiv oblast three times and Ivano-Frankivsk oblast two times.

The number of regions in Ukraine, visited by potential candidates once or more times

Full name of a potential candidate for the President of Ukraine How many regions a potential candidate visited
Petro Poroshenko 8
Oleh Liashko 8
Ruslan Koshulynskyi 7
Oleksandr Vilkul 7
Anatolii Hrytsenko 5
Yurii Boiko 4
Vitalii Kuprii 3
Serhii Taruta 3
Valentyn Nalyvaichenko 3
Arsenii Yatseniuk 3
Dmytro Dobrodomov 3
Volodymyr Zelenskyi 3
Yurii Derevianko 2
Andrii Sadovyi 2
Andrii Biletskyi 2
Yuliia Tymoshenko 1
Oleksandr Shevchenko 1
Illia Kyva 1
Yevhenii Muraiev 1
Mykola Kokhanivskyi 1
Vadym Novynskyi 1
Oleh Tiahnybok 1
Serhii Kaplin 1
Inna Bohoslovska 1
Mishel Tereshchenko 1
Dmytro Hnap 1

A third month in a row, OPORA has been not only counting the number of regions visited by potential candidates, but also paying attention to the activeness in the certain types of events and whether political leaders visit separate settlements in such regional trips.

Head of Secretariat of the AUU “Svoboda” Ruslan Koshulynskyi visited the biggest number of settlements in his 10 separate regional trips. Thus, according to approximate calculations made by OPORA, Koshulynskyi visited 7 settlements in Kyiv oblast, 3 settlements in Chernivtsi oblast, and 2 settlements in Volyn and Ivano-Frankivsk oblasts each. Representative of AUU “Svoboda” was especially interested in Kyiv oblast. He came there three times in December, and visited 7 settlements. The current President of Ukraine visited 14 settlements in December, 3 in Lviv oblast, and 2 in each Dnipropetrovsk, Donetsk, Zhytomyr and Kyiv oblasts. Oleh Liashko visited 12 settlements, and conducted early campaigning events in each 2 cities/villages/settlements of Zhytomyr, Rivne, Sumy and Chernihiv oblasts. It should be mentioned that leader of the Radical Party of Oleh Liashko visited the biggest number of settlements in September - November compared to other potential participants of the election process.

TOP-3 of potential candidates, who visited the biggest number of settlements during regional trips

Potential candidates Number of settlements
Ruslan Koshulynskyi 17
Petro Poroshenko 14
Oleh Liashko 12

According to the data gathered by OPORA's observers, Petro Poroshenko and Ruslan Koshulynskyi held the biggest number of events during their regional visits (28 and 27 respectively). Oleh Liashko, Oleksandr Vilkul and Anatolii Hrytsenko are the next by the number of organized thematic events.

TOP-5 potential candidates by the number of events organized during regional visits

Full name of a potential candidate for the President of Ukraine Number of events held by a potential candidate
Petro Poroshenko 28
Ruslan Koshulynskyi 27
Oleh Liashko 22
Oleksandr Vilkul 21
Anatolii Hrytsenko 18

Peculiarities of regional visits by the most active candidates for the President of Ukraine in December 2018

Civil Network OPORA has analyzed peculiarities of regional trips made by the most active candidates for the President of Ukraine in December.

Regional distribution of visits made by the most active candidates

Full name of a potential candidate for the President of Ukraine Oblasts, visited by a candidate
Petro Poroshenko Kyiv, Ivano-Frankivsk, Zhytomyr, Donetsk, Ternopil, Dnipropetrovsk, Lviv oblasts, the city of Kyiv
Oleh Liashko Chernihiv, Sumy, Zhytomyr, Rivne, Zaporizhzhia, Kharkiv, Dnipropetrovsk oblasts, and the city of Kyiv
Ruslan Koshulynskyi Ivano-Frankivsk, Kyiv, Chernivtsi, Volyn, Zhytomyr, Khmelnytsk oblasts and the city of Kyiv
Oleksandr Vilkul Mykolaiv, Kherson, Donetsk, Dnipropetrovsk, Odesa, Kyiv oblasts, and the city of Kyiv
Anatolii Hrytsenko Kirovohrad, Chernihiv, Poltava, Dnipropetrovsk oblasts and the city of Kyiv
Yurii Boiko Ternopil, Kyiv, Chernivtsi oblasts, and the city of Kyiv

Current President of Ukraine Petro Poroshenko was focused on visits to military units, meetings with students and creative people, representatives of local self-government bodies and religious organizations. For example, Petro Poroshenko held events with servicemen and officers from military units in Kyiv, Zhytomyr, and Donetsk oblasts. In Ternopil, the President and Patriarch Filaret were attending a church service in a local Ukrainian Autocephalous Orthodox Church, which entered the Ukrainian Orthodox Church. Instead, Petro Poroshenko with a newly-elected Metropolitan of Ukrainian Orthodox Church Epiphanii visited a church in city of Dnipro. In December 2018, potential candidate for the President of Ukraine met with students and lecturers at Ternopil National Pedagogic University, representatives of some universities in Dnipropetrovsk oblast in a local co-working, and visited a 150-year anniversary of the “Prosvita” association in Lviv. Similarly to previous months of early campaigning, Maryna Poroshenko also participated in regional events of the President of Ukraine. For example, she handed textbooks to local secondary schools in the city of Bakhmut. Thus, the President of Ukraine was focused in his visits on the following problems: strengthening defensive capacity of the state and a resonant creation of Ukrainian Orthodox Church. Besides that, he actively communicated with the youth and local political elites.

In December 2018, Oleh Liashko held events dedicated to social and infrastructural topics, and met with socially disadvantaged population groups, labor collectives and students. For example, in Prylutskyi raion of Chernihiv oblast, Liashko held a meeting with local self-government bodies on formation of tariffs, road repairs, construction and repairs of local gymnasium and hospital.  In Zhytomyr oblast, Liashko visited local geriatric home. He gave presents to pensioners and disabled persons there, dedicated to the St. Nicholas Day, and handed rewards to employees. In Zaporizhia, the leader of parliamentary faction met with a labor collective of flight test complex “Motor Sich” JSC.

Ruslan Koshulynskyi usually organized general meetings with the voters, with no division into target audience or discussion topic. Leader of the AUU “Svoboda” Oleh Tiahnybok participated in a number of events organized by the potential candidate. Events in Ivano-Frankivsk, however, were participated by Head of Oblast Center Ruslan Marzinkiv.

Leader of the Civic Position party Anatolii Hrytsenko was focused on events with party activists and communication with local media. Communication with entrepreneurs and representatives of small and medium business was another peculiarity of Hrytsenko's early campaigning.

Regional visits of the leader of parliamentary initiative “Opposition Platform – For the Life” Yurii Boiko involved cooperation with representatives of religious organizations (Ternopil and Chernivtsi oblasts). This activeness displayed potential candidate's negative response to the creation of Ukrainian Orthodox Church. In Kyiv, Yurii Boiko participated in events where party activists discussed the split of Opposition Bloc party.

MP of Ukraine Oleksandr Vilkul, who was selected to be a candidate for the President of Ukraine from the Opposition Bloc party, actively conducted meetings with labor collectives. These collectives were the following: Black Sea Shipyard (Mykolaiv oblast), Kherson Shipyard (Kherson oblast), Druzhkivskyi Machine-Building Plant (Donetsk oblast), production complex of the Central Mining and Processing Plant (Dnipropetrovsk oblast). In a significant part of his visits, Oleksandr Vilkul participated in conferences organized by local cells of the Opposition Bloc, dedicated to the preparation of a national congress of this political party.

Charitable activities of potential candidates for the President of Ukraine in regional visits

Observers detected 20 incidents when potential subjects of the election process handed goods to citizens or labor collectives on behalf of themselves or their party

In 79 regional visits of all candidates for the President of Ukraine, observers detected 20 incidents when potential subjects of the election process handed goods to citizens or labor collectives on behalf of themselves or their party, as well as political leaders handing goods, purchased from budget funds. Most of the incidents concerned activities of Oleh Liashko and Petro Poroshenko using them (7 and 5 respectively).

Incidents when potential candidates for the President of Ukraine handed goods and services to the voters

Potential candidate Number of incidents when goods and services were handed during the visits
Oleh Liashko 7
Petro Poroshenko 5
Yurii Boiko 2
Valentyn Nalyvaichenko 2
Volodymyr Zelenskyi 2
Ruslan Koshulynskyi 1
Oleksandr Vilkul 1

For example, Oleh Liashko presented in December a tennis table to a local school in the city of Bobrovytsia (Chernihiv oblast), handed monetary rewards to employees of Zhytomyr geriatric home, and gift certificates to employees of Dnipro Center for Vocational Education and Training on Tourist Services.

The current President of Ukraine was often involved during his visits into public events where Armed Forces of Ukraine or other enforcement institutes received military equipment, or where local infrastructure objects were opened. In the city of Bakhmut (Donetsk oblast), Maryna Poroshenko handed textbooks to local schools from Poroshenko's Foundation.

MP of Ukraine Yurii Boiko bought firewood for a private house of a citizen in a village of Kyiv oblast, and himself visited her. Valentyn Nalyvaichenko, Head of the Civil and Political Movement of Valentyn Nalyvaichenko “Justice”, supplied water to the Center for Social Rehabilitation of Children with Special Needs in Vasylkiv, Kyiv oblast. Besides that, MP of Ukraine, potential candidate from the Opposition Bloc party, Oleksandr Vilkul handed basketballs to local sports clubs in city of Druzhkivka, Donetsk oblast.

Volodymyr Zelenskyi was involved in charitable activities while touring with Studio “Kvartal 95” to the regions. For example, he visited a boarding school in Kharkiv and handed presents and equipment for a special classroom. There are no grounds now to consider activities of art director of the Studio “Kvartal 95” to be related to his early campaigning.

Participation of public officials in election campaigning efforts of potential candidates for the President of Ukraine

To check whether public officials stick to political impartiality principles, Civil Network OPORA conducted a monitoring of their involvement in public events of potential candidates for the President of Ukraine.

Thus, according to OPORA's data, public officials participated in 67% of events, held by leader of People's Front party Arsenii Yatseniuk. As for de jure working trips of the President of Ukraine, involvement of heads of OSAs and oblast councils, heads of cities, villages and settlements, was almost a rule. As OPORA's representatives have already mentioned, it is vitally important for the current President of Ukraine not to mix his official duties and campaign efforts after the start of election campaign. This will help to avoid misuse of administrative resources and guarantee competitiveness of the election campaign.

While involvement of public officials in events of the President of Ukraine is often excused, as he realizes office duties during regional visits, their involvement in activities of Arsenii Yatseniuk can barely be justified. This politician doesn't hold any state office or other position in public administration. Civil servants and employees of local self-government bodies should understand that it's necessary to follow the standards of political impartiality, not only to abide by direct legal restrictions.

For example, the Minister of Education and Science of Ukraine Liliia Hrynevych participated in a number of events, related to activities of the People's Front leader. Liliia Hrynevych was present on Arsenii Yatseniuk's lecture for students at Ukrainian Catholic University (city of Lviv) and in Ternopil National Economic University.

In Volyn oblast, Arsenii Yatseniuk held events with participation of heads of local self-government bodies in united territorial communities.

Participation of public officials in events of potential candidates, summarized indicators

Potential candidate % of events with substantial participation of public officials
Arsenii Yatseniuk 67%
Oleh Liashko 18%
Ruslan Koshulynskyi 15%

OPORA's observers reported a number of events held by Oleh Liashko and Ruslan Koshulynskyi with public officials present. These individuals usually held offices in local self-government bodies. In particular, deputy heads of oblast councils, affiliated in the Radical Party, accompanied Oleh Liashko in Zhytomyr and Sumy oblasts. In Chernihiv oblast, officials and employees of self-government bodies in UTCs at raion level participated in events organized by the leader of parliamentary political party. In Volyn oblast, Ruslan Koshulynskyi was accompanied by the First Deputy Head of Oblast Council, in Chernivtsi oblast – Deputy Head of Oblast Council, in the cities of Ivano-Frankivsk and Khmelnytskyi – city heads of the core

Obstruction to political activities of potential candidates for the President of Ukraine during regional visits

In December, OPORA's observers detected two incidents, which had features of obstruction to political activities of potential candidates for the President of Ukraine. In Chernihiv, unknown individuals organized and protest near a local TV channel “Dytynets”, which had planned a broadcast with participation of Anatolii Hrytsenko, leader of the Civic Position. Participants held banners saying “Hrytsenko is a project of oligarchs”, “Sold the army and will sell Ukraine”. When Anatolii Hrytsenko arrived to the TV channel, unknown persons tried to approach him clashed with guards and the individuals who accompanied him. According to OPORA's data incident participants didn't report to the National Police of Ukraine. However, representatives of local cell of the Civic Position published in social media information about provocation against Anatolii Hrytsenko during his visit to Poltava oblast. Party representatives refused to give details on this incident, referring to security factors.

We would like to remind that in Odesa in November this year Anatolii Hrytsenko and his team suffered from a physical assault before a broadcast on a local radio channel. After the conflict, the Minister of Internal Affair of Ukraine Arsen Avakov publicly informed about detention of five individuals by the National Police and procedural action against another 12 participants of the assault.

OPORA calls on the law-enforcement bodies of Ukraine to guarantee a proper investigation of each incident, related to obstruction of political activities in Ukraine. Besides investigation of already committed violations, it is vitally important to guarantee a proper guard for political and campaigning events.

RECOMMENDATIONS

To the Central Election Commission

  • To strengthen communication with a wide list of non-governmental organizations in Ukraine concerning realization of the Road Map for CEC, which includes such tasks as guaranteeing transparency and inclusiveness of the CEC, establishing regular communication between the CEC and stakeholders.
  • To take measures for maximum involvement of voters in Donetsk and Luhansk oblasts in election of the President of Ukraine, avoiding unjustified decisions on non-participation of state-controlled territories in these regions. Such measures must be based on priority of the universal suffrage, taking into consideration the legal uncertainty in consideration of opinions from military and civilian administrations in electoral sector.
  • To give additional explanations on a temporary change of voting location without changing of an election address for the citizens of temporarily occupied territories, taking into consideration the absence of President's decree establishing the list of and boundaries for occupied settlements in Donetsk and Luhansk oblasts.
  • To facilitate a wide-scale information and awareness campaign for the voters, dedicated to a temporary change of voting location without changing of an election address.

To Donetsk and Luhansk OSAs (MCAs)

  • To guarantee unbiased consideration of security factor in assessment of situation with election administration when giving the corresponding opinion, requested by CEC's resolution.
  • To promptly publish the opinion on whether it's possible/impossible to organize elections in the certain territories of Donetsk and Luhansk oblasts, requested by the corresponding resolution of the CEC.

To law-enforcement agencies of Ukraine

  • To guarantee an operative investigation of every incident involving obstruction to political activities of leaders of political parties and other individuals, committed before the election process.
  • To strengthen preventive measures against violence and obstruction to activities of candidates for the President of Ukraine and political parties.
  • To elaborate and adopt inter-agency and internal organizational coordination mechanisms to prevent illegal actions in the election process.
  • To timely realize training programs on electoral matters for law-enforcement officers.

To public officials

  • To stick to the national legislation and international standards prohibiting intervention in the electoral process by civil servants.
  • To inform public officials and employees of local self-government bodies about legal restrictions in the election process.