The court recalls the change of name and surname. A candidate Voytsekhivskyi in constituency No. 197 to be listed in the ballot paper under his previous name - CEC

On October 6, 2021, the Central Election Commission decided to amend the resolution on registration of a self-nominated candidate in constituency No. 197, Vitaliy Oleksandrovych Voytsekhivskyi (Resolution No. 370 of September 24, 2021) in pursuance of the decision of the Kyiv District Administrative Court of October 6 No. 640/281/82/21. The court revoked the change of the candidate's name shortly before the registration.

15 out of 16 attending members of the Central Election Commission voted "for" amendments to the commission's previous decision (Resolution No. 370 of September 24, 2021, Annex 2). Thus, the words "Voytsekhivskyi Vitaliy Oleksandrovych" were replaced by the the words "Shevchenko Viktor Oleksandrovych."

It shall be reminded that at the meeting on September 24, the Central Election Commission registered as a candidate in the single-mandate constituency No. 197 (Cherkasy region), in the by-elections on October 31, a self-nominated candidate Vitaliy Voitsekhivskyi. According to the information submitted to the CEC, Vitaliy Oleksandrovych Voitsekhivskyi changed his name and surname on September 14 (before the change, he used to be Viktor Oleksandrovych Shevchenko). The registration documents were submitted to the commission on September 20, ie the name was changed 6 days before the submission.

Immediately after the registration of the self-nominated candidate, the police of Cherkasy region opened criminal proceedings regarding alleged obstruction to the exercise of suffrage, at the request of a local resident. Note that on September 10 the CEC registered as a candidate the Zolotonosha Mayor, Vitaliy Voitsekhivsky, a nominee of the Servant of the People party.

Today, on October 6, the District Administrative Court of Kyiv ruled to suspend the decision of the Desnianskyi Kyiv District Unit of State Registration of Civil Status Acts of the Central Interregional Department of the Ministry of Justice (Kyiv) to issue a certificate of replacement of the surname, name and patronymic, from Shevchenko Viktor Oleksandrovych (born April 15, 1972) to Voyteskhivskyi Vitaliy Oleksandrovych (born April 15, 1972).

The court also banned the Central Election Commission from using Mr. Shevchenko's altered data, including on an information poster, in a ballot paper, and on the CEC website.

OPORA found that Vitaliy Oleksandrovych Voitsekhivskyi filed a lawsuit with the District Administrative Court of Kyiv. The lawsuit concerned the recognition of the decision of the Desnianskyi Kyiv District Unit of the State Registration of Civil Status Acts of the Central Interregional Department of the Ministry of Justice (Kyiv) as illegal. The third parties in the case were the Central Election Commission and Mr. Vitaliy Oleksandrovych Voytsekhivskyi (b. 1972).

In support of the statement on securing the claim, the claimant referred that Shevchenko V.O. (Vitaliy Oleksandrovych Voytsekhivskyi (born on 15 April 1972) provided inaccurate information on his marital status, data on children, open criminal proceedings against the applicant or his being under administrative supervision. In other words, the application from Shevchenko O.V. does not meet the requirements of the Resolution of the Cabinet of Ministers of July 11, 2007 No.915 "On Approval of the Procedure for Consideration of Applications for Change of Name (Surname, First Name, Patronymic) of Individuals." At the same time, the use of the changed name of that person by the Central Election Commission in the preparation and conduct of by-elections of the People's Deputy of Ukraine on October 31, 2021 in single-mandate constituency No. 197 (including information poster of the candidate for People's Deputies of Ukraine published on the official website of the Central Election Commission) will mislead voters and will contradict the legitimate purpose of the voting process. Moreover, it may cause significant harm to the claimant in the process of preparation and holding of by-elections of the People's Deputy of Ukraine on October 31, 2021 in the single-member constituency No.197.

Upon considering the petition and the materials attached thereto, the court ruled to uphold the claimant's request. The court noted that concealment or unintentional indication or deliberate false (false) indication of mandatory information has an impact on the voters' awareness and understanding of the choice. In fact, incorrect indication of the surname, first name, and patronymic will mislead voters; it will contradict the legitimate purpose of the voting process, violate the principle of legality of public authorities, and it will be irreversible after October 31, 2021.

The court established that securing the claim in the manner claimed by the claimant in no way violates the requirements of Part 4 of Article 151 of the Code of Administrative Procedure of Ukraine, as it does not affect the continuity of the preparation and conduct of elections in constituency No. 197, but only aims at timely and appropriate protection of the violated right, which will be impossible to establish after October 31, 2021, ie after the by-elections to the Verkhovna Rada in constituency 197.