The Chernivtsi city Prosecutor's Office refused to bring a Secretary of Chernivtsi City Council to administrative responsibility for violation of the Law of Ukraine “On Access to Public Information” on a statement from OPORA observer Mykola Kostynian
In August 2012, Mykola Kostynian, observer of the Civil Network OPORA, have sent some requests for information to the secretary of Chernivtsi City Council Vitalii Mykhailyshin, is which he asked to tell about playgrounds, street radio, social tickets etc. However, Vitalii Mykhailyshin didn't provide answers to most of the questions. All answers contained explanation that there is no such information. As long as one of these requests wasn't answered, OPORA observer appealed to the Prosecutor's Office, established a claim on illegal activities of Vitalii Mykhailyshin and asked:
1. To issue injunction for elimination of violation of legislation by the secretary of Chernivtsi City Council Vitalii Mykhailyshin, and oblige the latter to provide an answer on his request for information as of 20 August 2012.
2. To report on administrative violation, committed by the secretary of Chernivtsi City Council Vitalii Mykhailyshin and forward it to the court in order to bring the latter to administrative responsibility.
On 11 October was received a letter from the Chernivtsi city Prosecutor's Office concerning the consideration of appeal, signed by public prosecutor of Chernivtsi, a senior counselor of justice V.I. Blaush. It contained explanation that documents which were asked by the observer, had no legal force on the moment of receiving the request. Violations committed by the secretary were not mentioned at all, as well as bringing him to account.
Therefore, there were no legal grounds for giving out social tickets, which are disseminated since 13 August: the agreements with transport companies "were not signed and were are still in discussion stage" on 20 August. Besides that, those social tickets were made at the expense of "unknown benefactors", and allocation of costs from the local budget was supposed to be considered on August 30.
Taking into consideration the information provided by the Prosecutor's Office, OPORA considers social tickets, designed with full name of the candidate Vitalii Mykhailishyn and in his campaign colors, to be a political advertising of the candidate Vitalii Mykhailishyn, and an indirect voter bribery. As an official, Vitalii Mykhailishyn and the City Council, according to the information given by the Prosecutor's Office, bore no relation to social tickets as of 20 August. There was no agreements with transport companies.
The refusal of Chernivtsi city Prosecutor's Office to report on administrative violation, committed by the secretary of Chernivtsi City Council Vitalii Mykhailyshin and forward it to the court in order to bring the latter to administrative responsibility, OPORA considers to be inaction.
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.