The decision of Constitutional Court concerning rights of candidates on the parallel ballot in single-mandate and majoritarian electoral districts and multi-mandate, by party lists, is absolutely predictable. The similar norm was considered as unconstitutional in 1998. The motivative part of a decision was based on violating a principle of equality of the election process subjects. However, OPORA is convinced, that mixed electoral system provokes unequal conditions for electoral process subjects, which are balloting by different components of the system.
Intrigue of the issue rather concerned terms of the case consideration and how delaying may be used against the certain candidates. If the explanation was delayed until the beginning of the election campaign, or the end of candidate registration, than part of electoral process subjects would find themselves in an unacceptable situation. It is unlikely that the Constitutional Court would delay the term of entering the law into force after the elections are over, as it was done in 1998. Therefore, candidates which would fall under the decision would have to choose the district in which to continue the campaign (single-mandate majoritarian, multi-mandate nationwide), or, at the worst, they could become hostages of lawsuits from competitors. The results of consideration of such cases could be controversial and aimed at depriving dependants the right to take part in election process in districts involved in lawsuit by the third parties.
OPORA as a member of the Civic Consortium of Election Initiatives declared about the unconstitutional statement in the text after the delay of new wording of the Law “On Elections of the People’s Deputies of Ukraine”. Nevertheless, the law was signed by the President what provoked a forecasted decision of the CC of 5 April 2012.
We remind, that the Decision was adopted in the case upon constitutional petition of 51 people’s deputies of Ukraine of the parliamentary majority concerning the accordance with the Constitution of Ukraine (constitutionality) of the Article 52 (5), Article 98 (10(2)), Article 99 (3) of the Law of Ukraine “On Elections of People’s Deputies of Ukraine concerning the simultaneous nomination of candidates in majority electoral districts and by party lists.”