The second report on the results of nationwide observation, 2012 Parliamentary elections - May 2012

INTRODUCTION 

The campaign in Ukrainian regions became even more visible during the reporting period. It was facilitated by the end of redistricting process (the CEC Resolution No.82 of 28.04.2012). OPORA noticed the rise of political advertising, as well as public events involving future candidates and the conduct of pseudo-charitable activities. Charity, with all features of voter bribery, became one of the most popular methods of influencing the certain voter groups (pensioners, citizens of moderate means, the youth, and civil organizations). Campaign materials spread in mass media without being marked as "political advertising", can be usually noticed in oblast and rayon media. Abovementioned campaign methods - are unlawful until the official start of election campaign on 30 July. Therefore, a potential candidate bears no legal responsibility for campaigning, voter bribery or anonymous financing of campaign. Such behavior contradicts international standards, determined by the "Code of Good Practices in Electoral Matters". A principle of "equal opportunities" can't be secured without transparent financing of campaign participants. At this stage the information regarding financing of campaign events, materials, visual advertising, and products is hidden from the public’s eye.

OPORA observers documented incidents when public servants participated in unofficial election campaign: publicly campaigned in favor of certain candidates, used budget resources and state institutions in the interest of the certain parties, made biased political statements about competitors. The practice shows irresponsible attitude of officials to delimitation of administrative and party activities, violates international standard of organization and conduct of democratic elections, in particular of securing impartial attitude of governmental bodies to all political parties and candidates. OPORA noted situations mentioned above in 10 regions. With approaching elections this tendency may increase and influence voting results. Besides that, the report will include information about 6 incidents of persecution by law enforcement and regulatory agencies, allegedly directly connected with elections according to the events’ participants. It's very difficult to refute or confirm these accusations at this stage. However, taking into account the public interest to the issue, OPORA doesn't consider it possible to leave them without consideration.

CONCLUSIONS

• The CEC decision (No.82 of 28 April) on formation of constituency boundaries stirred up the activism of potential majoritarian candidates and political parties as a whole. More than 60 persons affirmed their will to run in majoritarian districts during the reporting period. The most active are current MPs. Businessmen and representatives of local executives elite predominantly present themselves as self-nominated candidates. Local government officials can be grouped into a separate category. Opposition candidates haven't launched a full campaign yet.
• Observers noticed excessive use of illegal campaigning, in particular bribery. Candidates to-be usually provided goods, services or money to charitable foundations and civic organizations. The Central Election Commission’s explanation concerning the definition of the the vote bribery has not had a positive effect yet.
• Reporting period’s trends are aggressive billboard campaign (parties: Ukraine - Forward!, the Party of Regions of Ukraine (PRU), and partly UDAR) and protest activities. The latter is mostly used by opposition political forces: all-Ukrainian union Fatherland, Front for Change, All-Ukrainian union Svoboda. OPORA observers note the increasing frequency of the regional visits by national level politicians for meetings with voters.
• Potential majoritarian candidates generously finance social projects of local governments and are involved in activities on restoration of local infrastructure. At the same time, some candidates mislead voters, by presenting results of local government activities as their own achievements. Most facts of using official office for campaigning was registered with the Party of Regions.
• Observers documented a political bias of some civil servants. In comparison with previous elections, public servants are increasingly more open about their political party affiliations. OPORA noted incidents of public support of potential majoritarian candidates or, contrary, aggressive statements against political opponents.
• Internal confrontation in local governments between the mayor and council has also increased. Such incidents are usually connected to activities of the Party of Regions, rarer - to All-Ukrainian union Fatherland and Front for Change.
• OPORA noted single cases of unplanned inspections of enterprises belonging to certain candidates, by tax and controlling bodies. During the reporting period, information regarding the following incidents has increased: prevention of ng public meetings, damage of political parties’ property, destruction of political advertisement, and black PR.

RECOMMENDATIONS

To the Central Election Commission

• To conduct monitoring of vote buying incidents and immediately appeal to law enforcement agencies for verification of facts.

• Provide official explanation concerning the intervention of public servants in political processes.

To political parties

• Not to amend the election legislation without reaching the political consensus;

• Publicly express attitude to vote buying of any forms and secure implementation of the law requirements by all representatives of political forces; to refuse from nomination of individuals involved in vote bribery during the unofficial campaign;

• To follow fair competition principles and to avoid using the achievements of government and local authorities in individual campaign interests;

• To stop dissemination of campaign materials as social advertising and stop using hidden advertisement and paid articles and news in any kind of mass media.

To the central and local authorities and officials

• To prevent the malfeasance in office by officials-candidates who may use their powers to press their opponents;
• To secure unbiased attitude and equal conditions of campaigning for all candidates, including organization of meetings with voters, not to agitate "for" or "against" any participants of the electoral process;
• Officials on high positions of governmental bodies shall take into consideration notices about malfeasance in office by officials subordinated to them and call them to account if such facts are proved;
• To take measures and prevent placement by state administration bodies of social advertisement which contains signs of political campaigning (pictures, names, symbols, or party banners).

Law enforcement and controlling bodies

• In order to avoid being accused of political persecution, not to conduct extraordinary inspections of enterprises and institutions which are connected to the participants of electoral processes before and during the election campaign;
• To secure unbiased attitude to all election process participants of the and maintenance of public order during political rallies;
• Rapidly respond to information about pressure or threats directed at politicians and political party activists.

To the National Agency of Ukraine on Civil Service

•  To oversee state authorities whether they follow requirements of current legislation regarding electoral processes.

ACTIVITIES OF POTENTIAL CANDIDATES

The activity of parties at the national level and potential candidates in majoritarian districts has increased. Observers associate such activities with the CEC decision on boundary delimitation and the start of the official election campaign. Moreover, state holidays which are traditionally celebrated in May, were used by candidates for campaign purposes. Voters were mostly influenced through mass media than via direct voter contact. . Parties and candidates multiply outdoor visual advertising and actively inform citizens about their activities through oblast and rayon media. The leaders between advertisers remain the Party of Regions and Ukraine - Forward! Opposition parties, in particular Fatherland, and Front for Change, have not launched a large-scale media campaign yet and usually communicate with voters at public events (tent campaigns, pickets, meetings, collection of signatures, own printed literature, meetings with voters, thematic forums). The most popular activities among potential candidates in districts are charitable gifts to citizens and local social projects. The range of events is exceedingly broad - from presenting first aid kits to building stadiums.

Activities of political parties

Political forces with the highest rating (according to the research of Sociological group "Rating" conducted on 5-14 May 2012: the Party of Regions, all-Ukrainian Union Fatherland, Front for Change, UDAR, CPU, All-Ukrainian Svoboda and Ukraine - Forward!), conduct systematic activities aimed at popularization of potential participants of elections, development of local organizational structures.

The Party of Regions, Ukraine - Forward! and UDAR are now almost at the same level of active and scale of operation in all regions of Ukraine. All-Ukrainian union Fatherland and Front for Change have starteda nationwide campaign, concentrating their activities in Central and Western oblasts of Ukraine, a strategy that corresponds with organizational capacities of abovementioned parties in these very regions. All-Ukrainian union Svoboda has concentrated its activities in Western regions, trying to spread its influences on other regions as well, while the CPU concentrates on South and East. Other parties make accent on majoritarian component and work in regions (districts) where they've got strong positions (for example, United Center in Zakarpattia region, the People's Party - in Zhytomyr and Rivne).

The main forms of parties' activities during the reporting period remain:

• celebration of main holidays (the Labor Day, the Victory Day, the Mother's Day, the Last Ring day (celebration of the last day of school);
• outdoor advertising campaign (billboards, city lights);
• meetings of party leaders with the voters;
• tent campaign and dissemination of printed campaign materials.

The conduct of campaign activities and events connected to the celebration of holidays were mostly utilized by the Party of Regions, Ukraine - Forward! and to a lesser extent by the CPU. The Party of Regions, Ukraine - Forward! are leaders in using the outdoor advertisement. Political parties have been slowly launching tent campaigns with distribution of printed materials. In particular, such type of work is used in Central and Western regions of Ukraine by all-Ukrainian Union Fatherland, Front for Change, Svoboda, United Center (in Zakarpattia) and to a lesser extent by UDAR. In Eastern and Southern regions of Ukraine the tent campaign is organized by the Party of Regions and CPU.

The main trend of this month is the participation by candidates and parties in May holiday, accompanied by political advertising, citizen gretings, organization of charitable events and monetary presents, visiting official events and meetings with the voters. All collected facts contained popularization of symbols and name of a party, or names of future candidates. Victory Day celebration was extensively explored by the Party of Regions, representatives of which presented veterans greetings, gift packages, conducted public rallies (in particular, popularization of St. George Ribbons). The party Ukraine - Forward! conducted a large-scale media campaign on the Victory Day (outdoor advertisement, reports in mass media of different levels), including public participation of party leaders in public events in Luhansk and Mykolaiv regions.  The party Front for Change was very active during the Mother's day celebration, and conducted public events predominantly in Western regions. The CPU celebrated Labor day (in Eastern regions of Ukraine and Crimea) using traditional messages at the events, including party symbols, appeals to stop cooperation with IMF and NATO, nationalization of industrial enterprises and land sale bans. Celebration of the school year end was actively used for conduct of pre-election campaigning by majoritarian candidates in all regions of Ukraine.

Opposition parties (first of all all-Ukrainian Union Fatherland and Svoboda, and to a lesser extent Front for Change) organized local protests against imprisoned opposition leaders, or publicly criticized actions of current officials through appeals and declarations (in Volyn, Lviv, Zaporizhia, Vinnytsia, Chernivtsi, Cherkasy, Khmelnytsk, Kyiv, Dnipropetrovsk regions). For example, party members of all-Ukrainian Union Fatherland in Lviv region declared hunger strike to show solidarity with inprisoned Yulia Tymoshenko. Svoboda activists wrecked the screening of a Russian film "Match" in Mayakovskyi cinema in Zaporizhzhia city.  Svoboda also organized so-called "milk riot" - pickets of local state administrations against low purchase prices on milk (Volyn and Khmelnytsk regions).

The work aimed at creating a network of party structures responsible for the local election campaigns has continued. Parties of "united opposition" (all-Ukrainian Union Fatherland and Front for Change) intensively create common headquarters in regional centers (in Volyn, Lviv, Ternopil, Rivne, Sumy, Kherson, Mykolaiv, Zhytomyr, Cherkasy, Dnipropetrovsk regions and in Autonomus Republic of Crimea).

Opposition forces continue to coordinate election districts between own candidates. In Zhytomyr opposition has (represented by Arsenii Yatseniuk) officially presented candidates in majoritarian districts. In three out of six election districts will run representatives of Fatherland (ED No.64 - Andrii Ozerchuk, ED No.65 - Vitalii Frantsuz, ED No.66 - Yevhen Dobriak), one from The Front for Change (ED No.62 Hennadii Zubko), Ukrainian Platform (ED No.63 - Pavlo Zhebrivskyi), Svoboda (ED No. 67 - Sydir Kizin). Opposition parties haven't taken the final decision regarding other regions. According to OPORA observers, in some regions, district division will be of the following formation: five election districts in Volyn oblast will be divided between the Fatherland (3), Front for Change (1) and Svoboda (1); four of five election districts in Rivne oblast - between Svoboda, Front for Change, Fatherland and People’s Rukh of Ukraine; in Lviv oblast opposition parties (Fatherland, Front for Change and Svoboda) agreed in advance to divide election districts equally – each party is expectd to get four of them. However, OPORA noticed that some opposition representatives hadn't coordinated their nomination with partners and started independent activities in election districts. For example, a deputy of Volyn oblast council (all-Ukrainian union Fatherland) Yevhen Nedyshschuk announced that he will run for a parliamentary seat in election district No 19 and that he's supported by his partners. However, the regional office of Front for Change declared that this information is unreliable.

Parties Ukraine - Forward! and UDAR have been actively forming electoral headquarters. Svoboda has been forming its elctroal headquarters in Western regions. The Party of Regions and CPU established public electoral headquarters predominantly in eastern oblasts.

The key event in party activities on the national level was the official decision of Fatherland and Front for Change parties to create a united opposition list. Ukrainian National Movement, Reforms and Order, For Ukraine and People's Self-Defense joined the process. Therefore, within an election district, in which voting was conducted by the proportional system, all participants on the united opposition list represented the Fatherland party. In single-mandate majoritarian districts, each united opposition party nominated candidates according to an agreement between the various parties. Such tactics were used to respond to the legislative restrictions placed on bloc participation in the elections and the absence of mechanisms to legally unite parties. In general, the legislative prohibition on the formation of blocs is not favorable for political party development. Instead of stimulating an equal union of self-sufficient and influential political forces, the legislation compels parties to join forces under one particular party.

The activity of potential candidates in single-mandate majoritarian districts

The majority of candidates in the upcoming election have previously served (or are currently serving) as MPs and are politically active in majoritarian districts. It's expected that deputies from the Party of Regions and the CPU will focus on election districts in the eastern and southern oblasts of Ukraine and ARC, and MPs from the opposition will conduct pre-electoral campaigns in western and central regions of Ukraine. The business and local administrative elite also systematically engage voters as constituents, even before officially announcing their candidacy. They represent themselves as future self-nominated candidates, or supporters of the Party of Regions. Rarely do they demonstrate support of oppositional forces. Officials of local administrative bodies and local councils also demonstrate their intention to run in majoritarian districts.

Representatives of the Party of Regions, United Center, CPU, the People's Party and self-nominated candidates are the most active in single-mandate majoritarian districts. Opposition parties don't usually conduct systematic activities in these areas because the process of submitting candidates in election districts is unfirnished.

Pre-electoral activities of individual candidate in districts are more diverse in comparison to the national activities of parties. This can be linked to the closeness between majoritarian candidates and voters, solid knowledge of specific needs and interests of voters in a district, and concentrated administrative and financial capacities. In addition to meeting with voters and disseminating campaign materials, majoritarian candidates often organize local social, cultural, entertainment, and sport charity events.

Despite the importance of primaries was repeatedly discussed, this method is never used by parties. Most parties and candidates have just started their campaigns, and it’s unlikely that a candidate will agree to participate in the procedure of public selection.

CAMPAIGNING BEFORE THE OFFICIAL START OF ELECTIONS

Potential candidates in the upcoming elections, both on the national level as well as candidates in election districts, began campaigning after Ukraine - Forward! launched a large-scale campaign in May. Across the board, candidates have been using all forms of campaign tools (e.g., holiday sponsorship, publishing campaign articles and information, setting up tents to campaign, organizing entertainment with celebrities, and charitable activities). Generally, campaign rules have not been violated as to the official start of campaign season (July 30, 2012); however, they have already begun to influence the operating environment for unfair advantage. OPORA is convinced that Gifts, money or otherwise, from candidates is intolerable. This kind of hidden campaigning is akin to voter bribery.

The Party of Regions, Ukraine - Forward! and, slightly less UDAR, use billboards as campaign tools on a national level the most. In the eastern and southern regions of Ukraine, CPU uses the most outside advertising. For example, during the May holidays, rayon administrations and city councils in Zaporizhia oblast received letters asking them to post billboards with greetings from President Yanukovych and Oleksandr Peklushenko (the director of oblast public relations) without cost. In Crimea, billboards went up advertising the Party of Regions with pictures of Pushkin (Russian writer), Aivazovskyi (Russian painter), Vernandskyi, and Holitsyn (famous Russian public figures). These were sponsored by the Council of Ministers of the Autonomous Republic Crimea. There has also been an increase in many regions of billboards with Viktor Medvedchuk’s social/political project called Ukrainian Choice.

Campaigning in media is rampant and is happening in oblast and rayon centers that are under the control of public administrators. The information being disseminated is mostly about politicians in power, and similar content about the social initiatives of the President are also available. Campaigning in printed media is not always marked as political advertising. In particular, articles about Natalia Korolevska, United Opposition Forum, articles are about UDAR.

Some media enlightens the activities of opposition parties and politicians, both positively and negatively. For example, newspapers in Zaporizhia published critical articles about the congress of UDAR, with many sarcastic headings. Additional newspapers published biased information about the oblast office of the Fatherland union of opposition, accusing them of passivity and cooperation with the PR.

The campaign platform of oppositional forces is based on rough criticism of the government. The government tries to mobilize voters by demonstrating its achievements in Ukraine’s economy; criticism of the opposition; urgent political, cultural and historical issues and problems.

Parties also campaign through referendums. For example, the Crimean republican committee of CPU is planning a national referendum to gauge citizens' attitudes of a preference for an official language and in joining NATO. The referendum will be implemented simultaneously with the election in October 2012. Further, politicians use public receptions to provide voters with free legal aid and consultations, and well-known officials often share their celebrity with visits to regions. 

PRE-ELECTORAL CHARITY AND VOTER BRIBERY

Returning to the mixed election system with a majoritarian component has both positive and negative consequences. On one hand, candidates who are chosen in single-mandate majoritarian districts are closer to the voters and their needs. However, on the other hand, victory in election districts often depends on the financial capacities of a candidate. Unfortunately, candidates often use these resources on bribes. Observers saw an increased use of bribery in May. The most popular forms of bribery are pre-electoral "charity" where candidates present products and free services to citizens, hosting social events (e.g., concerts), repairing city infrastructure, or opening service provision areas. Along with these actions, new forms of illegal campaigning have appeared. They include contests for civic initiatives, providing students with insurance, and helping the elderly in the cultivation of their land.

Overall, OPORA didn't witness officials giving money to citizens, except in Stakhanov city in Luhansk oblast, where candidate Serhii Shakhov gave citizens 50 UAH. The most popular practices of bribery are providing goods and services, repairing municipal infrastructure, sponsoring social institutions and events. Many candidates organized different charitable events during the May holidays. On Victory Day candidates in the east, south and west regions of Ukraine presented citizens with gift packages. For example, the fund "Help Your Fellow Citizens" in Kharkiv oblast presented gift sets to veterans and the elderly. The organization is a centralized place for pre-election charitable activities of POR deputies - Oleksandr Feldman, Iryna Horina, Dmytro Sviatash, Iryna Berezhna and Vadym Pysarenko. In Kyiv, gift sets were presented by Alla Shlapak, a city council deputy, and Maksym Lutskyi, a POR MP. Potential candidates gave out gift sets to veterans in all regions with no exceptions, with blatant campaign advertising. According to civic observers, these gifts cost anywhere from 35 UAH in Vinnytsia oblast to 135 UAH in Chernivtsi city. Serhii Horokhov and Volodymyr Honcharov of the Party of Regions presented veterans certificates for free hairdresser services in Luhansk oblast. In Ivano-Frankivsk Oleksandr Shevchenko, a local businessman and potential candidate organized a free concert by Georgian singer Vakhtang Kikabidze for veterans. Serhii Talal, a former Deputy Head of State Committee for Standardization Serhiy Talal, gave veterans insect repellant and pesticides in Shostka city, Sumy oblast.

Future candidates used other holidays as well to campaign. Pavlo Baloha, the Deputy Head of the Zakarpattia Oblast Council and leader of the United Center party, assisted in the celebration of Mother's day in Khust and Berehove city, where approximately 150 mothers were given TVs. This politician also awarded highschool graduate with 100 UAH.

Potential candidates also sponsored social institutions and organizations, and financed educational, social and cultural events. A businessman Serhii Ivakhiv (ED No.21, Kovel city in Volyn oblast) presented computers to schools, medical equipment to village pharmacies, provided plastic windows to kindergartens. The Charitable Fund of the Head of Dubno Oblast State Administration (OSA), a potential candidate Danyl Korylkevych (ED No.154, Dubno city, Rivne oblast) awarded gifted children and best teachers in amount of 1000 UAH. The Charitable Fund of the deputy of Kirovohrad oblast council Vitalii Hrushevskyi presented local diagnostic center 80 000 UAH for new equipment (ED No.101, Holovanivsk town.) A businessman Vasyl Chubak (ED No.167, Chortkiv city, Ternopil oblast) presented 500 winter socks to participants of a local festival.

Potential majoritarian candidates became interested in problems of local infrastructure and attracted mass media for enlightenment of own "charitable" activities. For example, Head of the Board of "Ukrinbank", a potential candidate in ED No.164 (Zbarazh city, Ternopil oblast) Volodymyr Klymenko party financed road repairs. A Charitable Fund of ex-Justice Minister Mykola Onishchuk (ED No.66, Malyn city, Zhytomyr oblast) financed illumination of entrances and establishment of number plates in multi-stored buildings in cities of Radomyshl and Malyn. Owner of a network of stores "Epizentr", a potential majoritarian candidate Oleksandr Hereha (ED No.192, city Dunaivtsi, Khmelnytsk oblast) financed the repairs of rayon place of culture.

Candidates, which financed contests of civic initiatives and mini-projects, used innovative approaches to financial stimulation of voters. For example, the MP of Ukraine from the Party of Regions Mykola Yanovskyi (ED No.51, city Horlivka, Donetsk oblast) awarded a grant in amount of 1 000 000 UAH for a city contest "For you, my city". Winners of the contest will realize 50 mini-projects (up to 20 000 UAH each). Similar campaign is conducted by a deputy of Volyn oblast council, a potential majoritarian candidate Serhii Martyniak, which announced a contest of mini-projects for village councils. The unusual method of influencing the voters was used by the MP of Ukraine, a leader in group of deputies Reforms for future, Ihor Rybakov. He organized assistance in cultivation of land for elder people (ED No.207, city Koriukovka, Chernihiv oblast.) Oleh Nadoshi, the MP of Ukraine from the Party of Regions in city Kremenchuk (Poltava oblast) initiated free consultations for pupils from poor families on preparation to the external testing. In ED No.66 (Malyn city, Zhytomyr oblast), Mykola Onishschuk Fund provided insurance from injuries and accidents on 100 UAH around 23 000 of pupils in local schools.

Candidates also opened shops, where citizens can buy cheap goods. For example, in city Sevastopol was opened a shop "Sevastopol grocery store", where people can buy cheap goods with a special card from the Charitable fund of the MP of Ukraine from the Party of Regions Pavlo Lebedev. The similar activity is conducted by a potential candidate, a deputy head of Kherson oblast office of the party UDAR Andrii Putilov. To get purchasing certificate for this store, voters should provide personal data. The Head of oblast administration of the Ministry of Internal Affairs of Ukraine (MIA) Mykola Kharabar initiated selling cheap bread in Chernivtsi oblast center shops.

The Mayor of Sloviansk in Donetsk oblast Neli Shtepa announced, that in ED No.47 (Sloviansk city) will win only those candidate which will give the territorial community not less than 100 million UAH. She said that she would do everything possible to prevent entering into the Verkhovna Rada of Ukraine candidates which can't supply all the city. The MP of Ukraine from the Party of regions Volodymyr Malyshev reacted to this statement, because he was mentioned by Ms. Shtepa as a "positive example". Malyshev refuted the information about his donation in amount of 20 million, but said that he was pleased to know that his efforts in the development of the community were remembered. Such example witnesses the impact of local administrative resource on the election process in single-mandate majoritarian districts.

Most candidates don't make any effort to conceal their connection between charitable activities and private election interest. The mass media report on events which may be considered unfair campaigning. Despite the condemnation of bribery by certain political leaders, party representatives act out of party policies and continue the practice. For example, the official UDAR site in Ternopil published information about the former Head of the Board of BM Bank Vitalii Lomakovitch, who presented ten new computers to a school in Kremenets city. The reporter states that Lomakovitch has been recommended by UDAR as a candidate in the upcoming elections for Ternopil.

PARTICIPATION OF OFFICIALS IN POLITICAL ACTIVITIES

OPORA observed public and organizational support for certain candidates by state officials, and party affiliation of state officials can be more clearly understood in light of the upcoming elections. Officials openly combine administrative and political positions. Some candidates profit from results of governmental activities by the means of local and state budgets. Ignoring international standards related to impartial attitude of officials, in particular those that were established by the Venice Commission, will harm the legitimacy of the elections. According to these norms, party leaders must demonstrate – in practice – the ability to strengthen politically unbiased character of the state apparatus.

OPORA observers denote that certain activities, organized through state and local budgets, have publicly been identified as associated with political parties. In comparison to former election seasons, the current activities include party positioning of civil servants. This tendency has been observed in Dnipropetrovsk oblast, where almost all economic initiatives have been carried out under the protection of the Oleksandr Vilkul, the oblast POR head and Head of Oblast State Administration. The latter had presented an effective system of cooperation between the state government, local government and party organizations, which work together to realize social projects on the oblast conference of tThe Party of Regions. Similar approaches Head of Oblast State Administration Mykhailo Papiiev, and Zaporizhia oblast state administration Oleksandr Peklushenko.

When mixing government responsibilities and party activity, many problems occur. These include an unequal balance of possibilities of candidates, the use of budget resources for political parties and a biased attitude of government offices toward certain political parties. Observers witnessed civil servants making political statements, as well as lobbying for public support of potential majoritarian candidates throughout various oblasts. State officials in Kharkiv oblast consistently invite a group of POR MPs to their public events(Oleksandr Feldman, Iryna Horina, Dmytro Sviatash, Iryna Berezhna and Vadym Pysarenko.) Also, the head of Kherson oblast administration Mykola Kostiuk repeatedly spread support for Volodymyr Saldo, director of the oblast center and potential candidate The mayor of Mykolaiv Volodymyr Chaika doesn't hide his political sympathy towards the MP of Ukaine Volodymyr Nakonechnyi. Other examples include, the Head of Mykolaiv oblast state administration, Mykola Kruhlov, publicly supporting Yevhen Bakulin, the Board Director of Naftogas Ukraine. According to Kruhlov, he's ready to "give" the majoritarian district to anyone who will supply the oblast with gas.

Potential candidates also lobby on the current activities of local governments as their own ideas. For example, the People’s Party public relations team promotes the installation of gas in villages, the building and repair of bridges and roads, and additional social and cultural services to many rayons in Rivne oblast. They credit these accomplishments to cooperation with the local government, specifically to a relationship with Mykola Shershun MP. Yaroslav Dubnevych, the deputyof Lviv oblast council, presented the decision of council to provide 150 000 UAH to build additional classes in a school in Horodoc city as his own achievement.Vasyl Chudnov, POR MP, gave cars to Verkhovynsk and Kosiv rayon police departments in Ivano-Frankivsk oblast, which were bought by the Ministry of Internal Affairs of Ukraine (MIA). The deputy of Kharkiv oblast council, brother to Dmytro Dobkin, director of the Oblast State Administration, presented citizens in Blyzniukivskyi rayon state certificates on private peasant farms. Other certificates awarded to citizens included awards to “mother heroes” (women who have more than three children, which is honored in Ukraine). This honorary title is given by a President’s decree; therefore Martynyuk’s participation in the ceremony was not justified.

OPORA observers were alerted to the practice of state-run institutions requiring citizens to campaign on behalf of a political party. For example, Donbas News reported that the Donetsk National Medical University administration forced students to wear St. George Ribbons and attend a Victory Day celebration. The students had to stand and march in front of cameras with their St. George Ribbons; the video shots included Party of Regions’ flags. Another example came from Cherkasy rayon where employees of the state administration were forced to participate in Victory Day events that were associated with Party of Regions’ symbols.

REGIONAL CONFLICTS CONNECTED WITH THE START OF ELECTION CAMPAIGN

In May OPORA observers noticed conflict situations connected with the future elections in 22 oblasts of Ukraine. Rough competition for the right to run in majoritarian districts is typical for many political forces. During the reporting period the number of incidents between controlling bodies and individuals has increased which informed about their will to run, incidents of preventing the political activity of opponents. Further escalation of conflicts in political campaign may result in social tensions and cause distrust of voters to the results of upcoming elections.

Conflicts in parties

Internal party conflicts are usually connected with the nomination of candidates in SMDs, or distribution of seats associated with party lists. Such confrontations usually are not public. However, in rare occasions such facts became known to the public. For example, six deputies of Chernihiv rayon council informed that they will leave the party Front for Change due to the disagreements with the deputy head of the oblast organization of Front for Change Olexandr Neret. According to them, he removed active party members in order to strengthen own business and cooperate with the government. The former head of Chernihiv office of Front for Change also left the party and joined "Ukraine - Forward!" In Zhytomyr council the faction of the "Party of Regions" filled up with new deputies, five of which are former representatives of political forces Front for Change and all-Ukrainian union Fatherland.

In Kherson the village mayor of Antonivka Ihor Semenchev was expelled from "UDAR" party. The conflict appeared because of different positions inside the party and the policy on building of a big river terminal in Antonivka. Local party leaders took the position of villagers which disapproved the construction and criticized the activity of Semenchev, although he was a potential candidate for an MP seat in majoritarian district from the party before. The conflict between leaders of oblast office of the Party of Regions and the MP from the same party Mykola Romaniuk has taken place in Chernivtsi. He repeatedly demonstrated his dissatisfaction with the personnel policy of Oblast state administration. The deputy also appealed to the Prosecutor’s office and the Ministry of Education, Science, Youth and Sports concerning the legitimacy of plans of the Chernivtsi oblast council concerning reorganization of communal bookstores into one communal enterprise, because he disapproved such initiative. Mykola Romaniuk intended to run in election district No.201 in Chernivtsi. At the same time, Party of Regions representative, Chernivtsi city council secretary Vitalii Mykhailishyn, engaged in campaigning at the same district.

A conflict at the Glory monument between the police and representatives of right forces (Svoboda) was noticed in Ternopil on 9 May. Activists of nationalistic organizations tried to take away red flags from the communists whowas defended by the police. The decision of the oblast council banning the use of communist symbols served as a reason for confrontation. .

Among other conflicts connected to election observers place resignations of mayors. For example, in Donetsk oblast the majority of deputies from the Party of Regions voted for withdrawal of the mayor in city Debaltsevo Volodymyr Protsenko.  He was nominated on 2010 local elections by the Communist party of Ukraine and was one of a few mayors in Donetsk oblast which were not from the party in power. After losing the mayoral post V.Protsenko is expected to be a candidate by the Communist party of Ukraine in election district No.52, which includes city Debaltsevo. It was informed by the first secretary of Donetsk oblast committee of CPU, the MP of Ukraine Mykola Kravchenko. In Rivne region all-Ukrainian union Fatherland, Svoboda, Front for Change, "UDAR" and "PORA" dismissed the mayor of Kuznetsovsk Serhii Anoshchenko.

In Luhansk oblast the Party of Regions initiated a local referendum on no confidence vote to the mayor in city Stakhanov Yurii Borysov. On May 2 the Donetsk Court of Appeals obliged the city mayor to consider the registration of initiative group on local referendum, which was created in April on meeting of the territorial community of the city. On May 4, Yurii Borysov signed an order on refusal in registration of abovementioned initiative group, referring to the violation of the Law "On nationwide and local referendum" during its creation. As mentioned above by OPORA, in the beginning of May Stakhaniv city council disapproved the decision of the CEC on division of the City between two election districts and appealed to the Central Election Commission with a request to make appropriate amendments.

There were also noticed some conflicts connected to mass media. For example, in Poltava oblast unknown have burned a car which belonged to the chief editor of the newspaper of Kremenchuk city council "Visnyk Kremenchuk" Mykola Feldman. In Ivano-Frankivsk oblast Svoboda demonstrated its position against one of the most popular local newspapers in region "Halytskyi Korespondent". The newspaper published information about unofficial meeting of local leaders of the party for to discuss nomination of candidates in majoritarian districts and refusal from participation by party lists. Svoboda refuted the information and named "Halytskyi Korespondent" the fifth column of current anti-Ukrainian regime and called to boycott mass media. "Halytskyi Korespondent" was defended by a group of 61 local journalists.

The role of law enforcement and controlling authorities

On May 14 in Luhansk oblast the Security Service of Ukraine and prosecutor’s office detained a potential candidate for deputy, the mayor of Oleksandrivsk Mykola Hrekov. He and two another deputies are accused of receiving a bribe for leasing of land. On May 17, the lawyer of the mayor Olena Andreeva officially declared to the mass media that "detention of Hrekov is connected to his participation in elections." The mayor of famous for his public criticism of leaders from the Party of Regions, for what he was expelled from the party in March with formulation "for violation of ethical norms."

In Khmelnytsk oblast proceedings against the former mayor of Kamianets-Podilskyi rayon state administration, and current deputy of the city council Rostyslav Yarema were instituted. He is accused of violations connected to the land issues, and committed during employment in rayon state administration. Representatives of the law enforcement conducted the search in dwelling of the deputy. Rostyslav Yarema stated: "This search was of psychological character. They wanted to intimidate me. What they could search for at my place is not clear." On his own press-conference he noted that he's going to be nominated for deputy.

In Rivne oblast the party Front for Change informed that taxation bodies started extraordinary inspections of an entrepreneur, deputy of Rivne city council Yurii Vozniuk. The attention of taxation bodies to a member of the party Front for Change coincided with a taken decision on nomination of Yurii Vozniuk as the one candidate in election district No.153 from united opposition.

In Autonomous Republic of Crimea enterprises which are close to the former prime-minister of Crimea Serhii Kutsynin suffer from the pressure of law enforcement bodies. Officials of the Ministry of Internal Affairs of Ukraine (MIA) Department for Combating Economic Crimes accused the transportation enterprise "South-trans" of non-payment of taxes on $ 2.5 million. The tax inspection conducted searches with confiscation of documents in premises of TV channel "Neapol" and radio "Lider". Serhii Kunitsyn, the deputy head of the Party of Afghan War Veterans, criticized the activity of heads of the state and Crimea. He publicly stated on local television that "he could run in native Krasnoperekops'k (as a candidate in majoritarian district), where in the last 22 years he was supported on all elections."

In Kharkiv oblast the National Bank of Ukraine (NBU) appointed a temporary administration in the bank "Basis", which is a part of business actives of the former head of oblast state administration, the leader of Kharkiv oblast organization all-Ukrainian union Fatherland Arsen Avakov. Avakov is convinced that decision of NBU has no grounds, because the banking institution has worked steadily, therefore he considers it politically motivated.

Preventing political activities

Observers found that a number of messages regarding political activity and politicians have increased. According to the representatives of "Front for Change," during a visit of the oblast leader Arsenii Yatseniuk, officials of Zhytomyr city council tried to prevent him from meeting with voters and prohibited the use of the Bohunsk rayon council. During his visit to Donetsk, Arsenii Yatseniuk stated that all communal and private enterprises of the city refused to rent him space for a meeting with voters.

Officials of the village council in Hordashivka, in Tanalnivsk oblast, denied the head of Cherkasy oblast council of the all-Ukrainian Fatherland union of using school premises for a meeting with voters and reporting back on his activities. In Vinnytsia oblast, Ladyzhyniv city council also refused the deputy of the oblast council, Hryhorii Zabolotnyi, to use city premises for meetings with citizens.

In Volyn oblast, the District Administrative Court was forbidden to protest actions planned by the all-Ukrainian Fatherland union and VO Svoboda during a visit from President Yanukovych in region. Their protests were refused through a petition of the Lutsk city council. The court had also forbidden mass actions of Party of Regions representatives. The Lutsk council justified its petition as preventing disturbances during protests.

In Ladyzhyn city in Vinnytsia oblast, a local TV company refused to provide airtime to Hryhorii Zabolotnyi of the party "Unity", who is also the deputy head of the oblast council, despite a previously signed agreement. One of the assistants to the deputy explained that this happened by order of Mayor Valerii Kolomieitsev who is also the head of local office of the Party of Regions. In Khmelnytsk, the deputy of the oblast council, Ival Hladuniak and member of the Fatherland party, publicly accused oblast state administration of blocking broadcasts of oppositional politicians “Podillia the Center," a Khmelnytskyi city program, and in newspapers.

On May 14, the office of the Crimean Republican Party of the all-Ukrainian union Fatherland found signs that their property had been tampered. In an adjacent room, where the Crimean organization "Children of War - Ukraine" has offices, the safe was opened and robbed of its contents and a computer hard drive was stolen. According to the members of the party, they believe the vandals were looking for party lists and the lists of candidates. In Kirovohrad oblast, the office of the Communist Committee was defaced with paint. In Kirovohrad, a signboard of the office of the European party of Ukraine was damaged, and in Kherson, a signboard of the office of the Party of Regions was destroyed.

More incidents of political advertisement vandalism happened in May, especially on billboards. In Mykolaiv oblast, vandals covered billboards advertising the party of Anatoliy Hrytsenko “Civic position” and of a local opposition politician Arkadii Kornatskyi with white sheets.

Using dirty tactics, "black PR" and the dissemination of false information

OPORA has many examples of “dirty” campaigning. One of these is the video from a deputy of the Luhansk oblast council, who will be nominated for election district No.109. The video shows Ukraine set in the near future, where there is a civil war under way that was started by Yuliia Tymoshenko and the NATO forces. In Zaporizhia, on three local TV channels, a film was shown where crimes of the "Orange Power" are announced.

In Vinnytsia, leaflets were handed out depicting the Mayor, Volodymyr Hroisman, and the deputy of the oblast council, Serhii Kudlaienko, with the inscription neo-fascists. Another example of "black PR" was a leaflet criticizing the mayor of Kremenchuk in Poltava oblast for apparently giving an order to take down the banners of Vitalii and Volodymyr Klychko from Kriukiv Bridge. The leaflet also contained negative language and an unflattering caricature of Oleh Babaiev.

The dissemination of false information of politicians in Brovary city in Kyiv oblast was seein in a fake oppositional newspaper titled, "You have right to know." It contained slanderous materials about oppositional political forces. Alina Diachenko, the founder of the paper, appealed to the police admitting her involvement and requested the police bring to justice the people guilty of printing and distributing the fake information. However, Brovary City Department of Interior Ministry of Ukraine, based in Kyiv, refused to follow up with a criminal investigation due to a lack of evidence.

Election observation of the Civil Network OPORA - is a type of network activity, aimed at impartial assessment of the preparation and conduct of the electoral process, as well as preventing violations by the total public monitoring. Professional monitoring of all stages of the electoral process provides indirect influence on the quality of the campaign. The public opinion inside and outside the country is formed through gathering and spreading of information among the target audience. In strategic perspective public monitoring of elections focuses on improvement of the system and certain procedures. In 2012, during Parliamentary elections in Ukraine OPORA implements a large-scale campaign of long- and short term observation, organizes a statistical vote-count by the results of voting with the proportional component of the electoral system on a basis of representative selection, will provide 100% coverage of polling stations by observers in separate single-mandate majoritarian districts. OPORA observers will work in all 225 electoral districts, and 3,500 activists will join them on the voting day. Organization will use the latest means of spreading information about observation results, including infographics and interactive maps.

 summary_report_LTO_-_May.pdf