Charity is defined as a voluntary disinterested donation of private individuals and legal entities that has material, financial, organizational or other form of assistance. Although it is hard to call the charitable activity, which is launched just before the elections, a disinterested one because even among the most noble motives of the politicians there are also mercenary calculations - to receive the trust of the voters, who received their assistance, and in this way to gain the deputy mandate. We want to believe that they need these mandates not to return ten times more money than they spent for this "disinterested charity" with help of lobbying the interests of their own business, bribes, kickbacks and rewards for the moving from one faction to another.
In the conditions of the existing mixed electoral system, the candidates in the single member constituencies can be nominated by either existing political powers or independently. It is significantly more complicated to become a candidate from a party because not every majoritarian candidate has a possibility to gain support of the already existing political power and it is impossible to create their own oblast or rayon party (according to the Law on Political Parties in Ukraine, in our state the parties "are created and functioning only with an all-Ukrainian status"). In contrast, it is absolutely not difficult to create a local charity fund. Thus, the majoritarian candidates (first of all the independent candidates) are eager to make such step, keeping in mind that the electoral effect from the agitation with help of a charity fund is sometimes more salient than from the party's agitation.
The charity funds give the majoritarian candidates not less opportunities for their social activities than the political parties. And in some instances (let's say finances) they even have certain advantages in comparison with parties. Thus, in accordance with the Law on Political Parties in Ukraine, a political party can not be financed by the foreign countries, foreign citizens, enterprises or organizations; charitable and religious unions and organizations; anonymous individuals or individuals under the pseudonym, etc. However, a charity fund has a right to "engage voluntary contributions and donations of Ukrainian and foreign private individuals and legal entities, and international organizations in form of cash receipts both in national and foreign currencies, of property and other material values in order to pursue charitable activity."
The party membership is fixed and in order to become a member of a fund it is enough not only a written application but even an oral one submitted to the Chairman of the Management Board.
Formally, a citizen of Ukraine can simultaneously be a member of only one political party, but he can be a member of few charity funds at the same time.
And what about the publicity and large-scale involvement? Everything is fine with this as well: if the fund was created by two or more individuals then in order to approve the statute or to solve other urgent issues it is possible to call general meetings, congresses or conferences of the founders of charity fund. Certainly, these events should be actively highlighted in media.
Both the potential candidates from the political parties and the non-party independent candidates create the charity funds in Vinnytsia region. Political technologists call them pre-election or "plywood" funds. Long before the star of election campaign the funds, the founders, chairmen of the management or supervisory boards of which are the majoritarian candidates, became more active in their performance. The majority of these charitable organizations were created quite recently, and some existed only nominally and were invisible but "woke up" just before the elections. It may happen that after the Parliamentary race the majority of funds will not only cease their activities, but also their legal existence. Because it can be easily made with via the decision made at the general meeting of the fund.
The Charity Fund Father's Land (Batkivska Zemlia) has recently conducted a mass and solemn congress of its volunteers. The fund functions in the voting district #16, where Oksana Kaletnik (the entrepreneur, lawyer, and member of the State committee for television and radio broadcasting of Ukraine) is nominated as a candidate. Although on the personal web page of her uncle Hryhorii Kaletnik (the People's Deputy from the party of Regions, the candidate in the voting district #18) i is said that this fund was "created with the support of the People's Deputy of Ukriane Hryhorii Mykolaiovych," but the Head of Supervisory board is O. Kalentnik (Yelmanova).
On July8 inthe center of constituency in Yampol city, 500 representatives of Yampil, Kryzhopil, Chechelnyk, Pishchanka and Mohylev-Podilskyi rayons gathered at the congress of volunteers of the Father's Land Fund. They were transported by the buses to the house of culture. Activity of the fund was presented during the event and the participants received the application form in the name of O. Kaletnik. According to the statements of some participants of the congress, they received 50 UAH of reimbursement and a beg with the promotion materials, sweets and soda water. Before this the Father's Land Fund has launched active performance by supporting the village feasts and creative festivals, by providing legal and other assistance to the citizens and health care institutions.
People's Deputy Hryhorii Kaletnik, who is a candidate in the voting district #18, is the Head of Future of Our Children Fund (Maibutnia nashykh ditei). He personally provides charitable assistance both within the framework of this fund and the Father's Land fund.
Serhii Kudlaienko Fund (the deputy of oblast council from the Front of Changes, the Head administrative services department of Vinnytsi city council) conducts its activity in Vinnytsia, and the most actively in the voting district #11. The Fund supports, namely, the grant projects for youth, sport events and mass holidays. Grant contest of Serhii Kudlaienko for students was announced in spring. In order to take part in the contest, one had to register on the Internet web page, fill in the application form and add a work (project or business plan) and a resume. The jury, which consisted of the professors at the institutions of higher education and the heads of enterprises, was selecting the best projects. The winners obtained an opportunity to do the internship at different bodies of government and enterprises during two months.
With the support of Serhii Kudlaienko Fund a folklore event took place near the Vyshenske lake on Ivan Cupala Day. Ot Vinta band was special guest of the event. On July 20, with the support of S. Kudlaienko Fund was held a football championship among the automobile dealerships and a "battle of Zaporozhets'." Next day in the localGorkypark, with the support of the above mentioned fund was held a charitable festive concert "Right for the future" ("Pravo na maibutnie") in support of Mother and child center. Within the framework of his fund the candidate from the All-Ukrainian Union Fatherland Serhii Kudlaienko also support the development of youth sport. He was distributing the uniform and balls among the children football teams. The winners of contests received the tickets for Euro 2012.
Demchak Fund for facilitation of the economic development of the region was registered on April 20 and performs its activity in the voting district #18. Ruslan Demchak is the founder of this fund. He was born in Lypovets city and at the moment he is the owner of UBG Corporation and the Head of Employers' federation council in Kyiv city.
The renovation of the square in Lypovets city and its equipment with free Wi-Fi, conduct of training for the entrepreneurs and representatives of local authorities "Effective management" became real with the support of Demchak Fund. With help of this fund the Academy of pensioners started its activity in the rayon centers and villages of the district. It aims at organizing the meeting of pensioners with interesting people and the conduct of workshops.
Also, Demchak Fund offers a child health insurance program, according to which he citizen pays only 10 UAH for a year long insurance policy and the rest 450 UAH is paid by the fund.
The conditions of insurance provide consultations on the basis of medical network Dobrobut, which is owned by R. Demchak. With his help the doctors provide free medical examinations in villages of the voting district #18.
Health for the People Fund (Zdorovia - narodu) is led by Yurii Haidaiev, who is the People's Deputy from the Communist Party of Ukraine, the member of Verkhovna Rada Health Care Committee, and the former Minister of Health Care. Facilitated by the fund, free ultrasound investigation, examination of cardiologist and ophthalmologist are provided in the village outpatient clinics in the voting district #13. In addition the villages are visited by different singers, who give concerts with the support of Y. Haidaiev. There is also a mobile legal reception center. Also, the villagers were promised that the fund will support the medical examination of pupils in autumn. Moreover, being an urologist, the Head of the fund often conducts examinations personally. The medical attendants from few villages of Khmilnyk and Kalyniv rayons received bicycles from the fund Health to the people. And on July 14-15 with the support of the deputy and his fund, was held he all-Ukrainian chess tournament in Koziatyn city.
Charity fund Podillia XXI century conducts its activity in the constituency #14, with center in Zhmerynka city. Viktor Zherebniuk, who is the Head of Desna rayon state administration in Kyiv city and the former Mayor of Zhmerynka, is the honorable Head of this fund. Zherebniuk Fund organized lotteries dedicated to Ivan Kupala Feast in the population centers of the constituency. Viktor Zherebniuk also initiated the signing of partnership cooperation agreements between Desna rayon of Kyiv city and rayons of the voting district #14. For example, within the framework of such agreement was held an advisory video-seminar Investment management in the housing offices for the heads of administration and departments of rayon state administration, rayon services and territorial communities of Tyvriv rayon. V. Zherebniuk informed the seminar participants that the charity fund Podillia - XXI century is examining the possibility to provide the village houses of culture and libraries with assistance in buying of computers and equipment for the Internet connection.
Social fund of Anatolii Matvienko registered in May 2012 and conducts its activity in the voting district #17. Before the fund was created the public reception rooms of A. Matvienko (the People's Deputy from the Our Ukraine–People's Self-Defense Bloc) were functioning in the rayons of constituency. While conducting contests for the children of the district (the best essay or the best Easter egg contests), Anatolii Matvienko was giving cell phones as prizes.
A significant part of Matvienko's fund activity is related to the health care reforms. Thus, in the beginning of July citizens of Haisyn city were contacted by the agitator on behalf of a potential candidate Anatolii Matvienko and were asked to provide their phone numbers for the sociological survey on their attitude to the health care reform. Some time later the respondents of the survey were given the newspapers and leaflets of A. Matvienko and first aid kits that included Diclofenac, Validol, Corvaldinum, Mebhydrolin, Naphazoline, Hydrogen Peroxide, Brilliant Green, and gauze roller bandages.
Mykola Kucher Charity Fund also performs its activity in the voting district #17. Its founder Mykola Kucher is the Head of an open joint-stock company ZernoproduktMKhP, the Deputy of oblast council (faction of the Party of Regions, elected from the Ukrainian People's Party).
The Fund facilitates the village anniversary days, youth discos and festivals (Borshch festival, We prize the work of grain grower in creative work, etc.). Also, within the framework of his fund M. Kucher gives assistance to the veterans, gives the equipment to the health care institutions of the district, finances the renovations of the children's department at Bershad rayon hospital, etc.
Sometimes patronage and voluntary assistance are provided by organizations that do not have "charitable" in their names. For example, NGO Our home- Vinnytsia region, which is led by Ihor Zubko (the Deputy of Koziatyn city council from the Party of Regions), is distributing photo cameras among the village houses of culture and museums. With help of charitable support of Ihor Zubko, on the occasion of Koziatyn city Anniversary Day, the stadium was equipped with services and utilities and the funds were assigned for the renovation of pier on the river bank. In Khmilnyk city Ihor Zubko launched social initiative that provides renovations of the entrance halls and smallholdings of the multistoried buildings. The representatives of NGO Our home - Vinnytsia region disseminate forms with the information regarding their organization and its contacts, which can be used fro sending propositions or appealing for support. One of the condominiums received funds for the materials.
Oblast nongovernmental organization Fellow countrymen (Zemliaky) (created in 2008) functions in the voting district #17 and promotes the activity of Hryhorii Zabolotnyi (the former Head of oblast council, Deputy of oblast council form the Unity party). It also acquired some traditional functions of charitable organizations. Thus, the centers of territorial communities’ development facilitation, which aim is declared as "provision of free consulting services for the population and feasible voluntary assistance to the most disadvantaged people", function under the aegis of this organization. Organization facilitated the renovations of some village kindergartens and gave assistance to the pensioners. Also, in spring the NGO Fellow Countrymen implemented the project "We are gone and the garden remains". In its framework 500 trees were planted in the district. With help of Hryhorii Zabolotnyi and the members of Fellow Countrymen a number of youth discos and other events were organized. Also, H. Zabolotyi, as agricultural scientist, promotes his social program Native village. Recently, as an analogy to the party meetings or congresses of the charity funds, Bershad brunch of the NGO Fellow Countrymen conducted a meeting, where the delegates addressed Hryhorii Zabolotnyi asking him to run for the Parliament on behalf of "native land."
NGO 15 Community is an organization that functions in the constituency #15 and was officially registered on May 5, 2012. Its leader is General Vasyl Vovk, who is the former Head of Central Investigation Department of the Security Service of Ukraine. Within the framework of "Clean community" action, the volunteers collect the garbage on the banks of the lakes and on the streets of cities and villages. They have also initiated a project of well cleanings. Lately it became known that during the congress of 15 Community activists it was "decided that its leader will run for the Parliamentary elections."
Charity fund of Petro Poroshenko is not local and was not created specially for this year elections. The organization was created in 1998 and has all-Ukrainian status.
The founder Petro Poroshenko (the current Minister of Economy) announced his intention to be nominated as a candidate for the Parliamentary elections from Vinnytsia. In this city is situated his Confectionery Plant Roshen and where on Hlib Uspenskyi Street is registered the legal address of his fund.
Poroshenko's Fund gives financial support for the large families, ill people and people with disabilities. It is implementing the following programs: "People in trouble," "Cradle of Ukraine," "World has to be bright fro children," "Sound body - sound mind!" "No one and nothing is forgotten." Also, the fund has financed a large-scale project of reconstruction and building of quay on Southern Buh river near the confectionery plant. The most famous charity projects of Petro Poroshenko Fund include the building of children playgrounds all overUkraineand building of a big music fountain with a laser show in Vinnystsia city. This year the fund has signed a memorandum together with Vinnytsia authorities and promised to invest more than 3 million UAH in the reconstruction of city diagnostic center.
A charitable organization known abroad and that can be possibly connected to the election activity in Vinnytsia is International charity fund of Natalia Potopaieva. She is the pastor at Embassy of God church, the follower of Sunday Adelaja, and the Head of international rehabilitation center Boarding house Love. Potopaieva lives in Germany and as a former alcohol addicted person pays a lot of attention to those, who decided to free themselves from alcohol and drug addiction. The Head of the brunch of this fund in Vinnytsia Dmytro Kostyrko was named one of the candidates for the people’s deputy in single member constituency in Vinnytsia city during the conference of oblast organization of the Party of Regions.
The Law of Ukraine on Charity and Charitable Institutions obliges the charitable organizations to ensure the implementation of the aims stated in their statutes and free accesses to their reports and documents. Controlling bodies of executive brunch of government may require from donors and administration of the charitable institution the submission of the needed documents and explanations, in particular regarding the use of property and fund, which are meant for charitable assistance. However, there is a risk that only the funds and organizations created by the politicians, who are not loyal to the government, will be made to report on their financial activity.
Moreover, the increase of charitable activity is traditionally observed before the elections and it decreases after them. It would be so great if the charity funds function after the election campaigns and help people in the same large-scale as they do it now. The fact that the charitable activity became one of the most widespread election technologies bothers a lot. Ukrainian society does not trust politics and politicians, and that is why the attempt to unite politics and charity can become an impetus to the increase of distrust to any form of charitable activity after the elections.
The Civil Network OPORA considers the activity of pre-election charity funds, and especially the distribution of presents, as the indirect vote buying. Accordingly, it is a violation that encroaches on the election rights and freedoms of the citizens, which aim at prevention from the free exercise of the voting right. The individuals, guilty of the violation of the laws on the elections of the People’s Deputies of Ukraine, are called to criminal, administrative or other liability according to the procedure provided by law. However, the criminal liability is provided for vote buying committed after the official start of election process. After the official start of the Parliamentary elections campaign on July 30, the candidates will be held criminally responsible for vote buying.
The comments of experts
Anna Hulevska-Chernysh, the Head of Ukrainian forum of philanthropists
During the last 10-12 years in Ukraine has started the revival of charitable traditions that existed during XIX - in the beginning of XX centuries. The approved in 1998 Law on Charity and Charitable Institutions has only given an impetus for this process. Its main features became the creation of different private, corporate, operational funds and community funds. And the main goal of the majority of funds during the last 5-6 years is to build the trust to their activity on behalf of the masses. Because the activity of any charitable institution will not bring any qualitative changes without social trust and support.
Those funds that were created specially for the long-term charitable activity, today try to implement he best European standards and ethic principles of charitable activity, which are defined by such leading institutions as theEuropeanFoundationCenter, the European Network of Donor Associations, and also Ukrainian Philanthropist Forum.
The fact that charitable activity became the main widespread election technologies of the current election campaign urges anxiety in the experts’ environment. Because the negative implications of the connection of politics and charity may cast the development of domestic charitable movement a few years back.
And today, when Ukrainian society does not trust politics and politicians, the attempt to unite politics and charity can become an impetus to the increase of distrust to any form of charitable activity after the elections. At the moment the priority task of Ukrainian charitable environment has to be the requirement for the recently created and registered funds to comply with the basic ethic standards of charitable activity and ensure the divide between charity and politics.
Svitlana Kononchuk, the Coordinator of political programs of the Ukrainian Center for Independent Political Research (http://www.ucipr.kiev.ua/)
The use of charity funds in the election period is not a new practice. Just imagine the famous Social Protection fund, which was accumulating the resources to conduct the second presidential campaign of Leonid Kuchma in 1998-1999. But now this technology aiming at the attraction of attention to the candidates and attempt to create the relatively stable groups of supporters became more widespread. With help of these funds the potential candidates has a possibility to involve and assign funds, property, and services in comparison with the possibilities of the political parties that are restricted by law.
This kind of charitable activity of the potential candidates is of manipulative nature and the voter realizes it. No one is going to refuse from it because it has some meaning for both parties.The voter receives attention, even if it is short-time, and a potential candidate receives and illusion of a successful building of his electoral segment.
Oleksandr Vinnikov, Chairman of the Management Board of the Network of European Law Development
Separate laws on the political parties and NGOs function in Ukraine. The NGOs have a right for advocacy and lobbying activity but are no allowed to nominate the candidates for the elected political office. The charitable institutions and some NGOs are not allowed to receive financial support from the political parties; the law does not provide any special restriction regarding the support of the certain candidates. The legal implications of the participation of the NGO in the election campaign, including vote buying in form of material assistance or services, are the most problematic. However, at the moment taxation code does not provide any special restrictions regarding the prohibition of such participation or deprivation of additional privileges. In this very sphere the violations of democratic elections standards on behalf of the NGOs is the most frequent and widespread in Ukraine.
Reference:
Civic monitoring conducted by OPORA - is a type of network activity, aimed at impartial assessment of the preparation and conduct of elections, as well as preventing violations through comprehensive civic action. Professional monitoring at all stages of the election process indirectly influences the quality of the campaign. The public opinion, both foreign and domestic is formed through gathering and spreading of information among the target audience. From a strategic perspective public monitoring of elections focuses upon improving 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 on observation results, including infographics and interactive maps.