During the reporting period, OPORA observers haven't noticed any violations of electoral legislation, which could have influence on voting results. Election campaign in 5 single-mandate majoritarian districts is quite peaceful and slow. The reason is, the registration of candidates will end on November 19 and not all the candidates have officially started the race. Such tendency is contrary to those observed during the regular Parliamentary elections in 2012, when the most influential politicians started advertising themselves long before the official start of the campaign. Besides that, the full list of candidates, particularly those from pro-power parties, wasn't officially promulgated. It's interesting that self-nominated candidates, who got the second place in 2012, according to preliminary protocols, don't run in 4 of 5 districts. The intrigue remains only in district #194 (Cherkasy city), where Valentyna Zhukovska is expected to be nominated. On this stage, election headquarters were focused on the formation of district election commissions, and rotations in their membership.
The most active candidates were those nominated by the opposition parties: AUU Batkivshchyna and AUU Svoboda. They were mostly focused on direct voter engagement and communication with the media.
The launch of campaign for re-election in five districts is quite peaceful, without serious conflicts among main candidates. This is a precondition for proper organization of the electoral process.
It’s significant that the biggest parliamentary faction – the Party of Regions – hasn't nominated any candidates in 5 single-mandate districts. During the regular elections in 2012, main competitors in districts #194 and 197 were candidates from the AUU Batkivshchyna and self-nominated candidates, which were somehow connected with the PRU. In district #223, a candidate from the AUU Svoboda and a self-nominated candidate were competing. Only in districts #94 and 132, representatives of the Party of Regions were running against members of the AUU Batkivshchyna. During the repeated election in 2013, opposition candidates may also be opposed by formal self-nominated candidates. For example, the Head of Mykolaiv Oblast State Administration, member of the Party of Regions Mykola Kruhlov has already been registered in district #132 as a self-nominated candidate. Thus, the voters may be confused because competition between candidates of the most influential parties is neither transparent, nor open.
Besides that, the problem of candidates-doubles becomes urgent in district #94 (Kyiv oblast), where 5 candidates with the same names were registered as of November 5. Because of such unfair competition, citizens lose their confidence in elections.
Another urgent issue is the influence of so-called technical parties and their members in district election commissions. On repeated elections, the DECs suffered from personnel rotations, what may jeopardize the proper organization of their activities.
Besides that, there were already some incidents which may be classified as voter bribery and abuse of administrative resource. Despite such incidents are not wide-spread, subjects of the election process, the CEC and law enforcement agencies should take the correspondent measures immediately.
Campaigning activities of candidates for MPs of Ukraine
Only 2-3 candidates in every electoral district have been campaigning actively since the official start of the election process (October 16). However, the number of candidates registered in two weeks before the end of the registration varies from 7 (ED #132) to 58 (ED#94) persons per district. We remind that the biggest number of candidates in single-member districts during 2012 Parliamentary elections was registered in Irpin, Kyiv oblast (ED #95) – 48 persons.
ED #94
Only one candidate of 58, registered in ED #94 (Obukhiv city, Kyiv oblast), is campaigning actively. It's Andrii Lozovyi, nominated by the Radical Party of Oleh Liashko. He conducts three-four meetings with voters every weekend. A candidate from the AUU Batkivshchyna Viktor Romaniuk, who is in Italy now, conducted only some conferences with the electorate of Vasylkiv city in Skype. Ruslan Badaiev, a member of Kyiv Oblast council, affiliated to the Party of Regions, who is standing as a self-nominated candidate, regularly participated in public events, organized by officials of Kyiv local self-government bodies within district #94.
ED #132
In ED #132 (Pervomaisk, Mykolaiv oblast), 7 candidates are officially registered. The most active are: Arkadii Kornatskyi, nominated by the AUU Batkivshchyna, and the Head of Mykolaiv Oblast State Administration Mykola Kruhlov, who has registered as a self-nominated candidate, despite he's a head of regional office of the Party of Regions.
A. Kornatskyi uses mobile groups for campaigning, and disseminates the Obrii newspaper. As for hidden advertising, M. Kruhlov participates as the Head of OSA in the events organized in district #132, which are later broadcasted in the media.
ED #194
Mykola Bulatetskyi, nominated by the AUU Batkivshchyna, is the most active candidate in ED #194 (Cherkasy city). Local media and party newspaper often disseminate information about him, there are cars with the candidate's advertising, and he personally participates in events which are organized in Cherkasy, talks with the voters on meetings. The total number of candidates registered in the district is 13. During 2012 Parliamentary elections, the main competitor of Mr. Bulatetskyi was self-nominated candidate Valentyna Zhukovska, who hasn't submitted her documents to the CEC yet.
ED #197
In ED #197 (Kaniv, Cherkasy oblast), only one candidate of eight registered is actively campaigning. It's Leonid Datsenko, nominated by the Batkivshchyna All-Ukrainian Union. The candidate conducts scheduled meetings with the voters, which are announced in advance, participates in press-conferences, which are weekly conducted in Charkasy office of the AUU Batkivshchyna.
ED #223
Three candidates of 55 registered have started campaigning in ED #223 (Kyiv). These candidates are: Yurii Lutsenko (AUU Svoboda), Viktoriia Shylova (Radical Party of Oleh Liashko), and Tetiana Montian (self-nominated). Yurii Levchenko meets with the voters regularly (few days a week), participates in public events, organized by AUU Svoboda in Kyiv (picketing KSCA, pickets against illegal constructions, picketing courts), uses street campaigning (nearly 20 tents are places in crowdy places), and disseminates information about his activities through the media (press-service of the AUU Svoboda).
A self-nominated candidate Tetiana Montian is actively campaigning in internet (social networks, interviews. analytical articles, fundrising for her campaign etc.), and started to conduct meetings with residents of multistory buildings.
Viktoriia Shylova, nominated by the Radical Party, is the most active in outdoor advertising (A4 posters on poles and announcement boards). Besides that, some campaigning tents were placed in the district in early November. When the official campaign started, posters without an imprint in support of Viktoriia Shylova appeared in the district #223. However, while giving a comment to OPORA, the candidate stated that she has nothing to do with these posters, that it's somebody's attempt to remove her from the race. However, the effective electoral legislation doesn’t provide such punishment for candidates.
Voter bribery
In contrast to 2012, there were no systematic incidents of voter bribery and "charitable" projects of candidates in ED #94, 132, 194, 197, and 223. Simultaneously, information about the preparation of illegal election campaigning is revealed from time to time in the districts. Some registered or potential candidates sometimes conduct activities, which may be classified as voter bribery.
Yurii Levchenko, nominated by the AUU Svoboda in ED #223 has filed a statement to the Office of the Prosecutor General of Ukraine claiming that voter bribery was committed. He provided two videos as a proof, on which unidentified persons allegedly create lists of people who support his former opponent Viktor Pylypyshyn. Citizens are promised to get "monetary reward" in amount of 200 UAH before the elections and 200 UAH after, if they will vote for the certain candidate. Such incidents may be a sign of the electoral pyramid scheme, when "apartment campaigners" gather information about supporters of the candidate in apartment buildings (full names, number of people registered in an apartment, whether they will vote for the certain candidate for sure). Simultaneously, the latter hasn't filed documents to the CEC and is not a candidate for MP of Ukraine.
Dnipropetrovsk politician Mykhailo Sokolov, member of AUU Batkivshchyna, which is considered to be a potential candidate in ED #132, is campaigning only by disseminating eyeglasses among the electorate of Pervomaisk city. We remind that Arkadii Kornatskyi is officially nominated in this district by the AUU Batkivshchyna. On October 17, the Agrofirm Kornatskykh Ltd financially assisted a celebration in the village Novoselivka (Arbuzynskyi raion), during which the organizers expressed gratitude to the Agrofirm and the future candidate Arkadii Kornatskyi, who hadn't been registered at that time.
In ED #194, information about the organization of voter bribery, probably in support of Valentyna Zhukovska, was actively spreading through the media and social networks. It was noticed that unknown people were coming from door to door and asked for whom homeowners are going to vote, proposed to vote for Ms. Zhukovska, wrote down personal information, and gave monetary reward for those who agreed. Valentyna Zhukovska has filed a claim to the public prosecutor's office, asking to resolve the situation, as long as these incidents are provocative according to her. As long as the case was widely discussed, the door to door campaign, accompanied by voter bribery, was stopped.
According to explanations given by the CEC (Resolution #76 4/23/2012) and the effective legislation, "election campaigning which includes payments to the voters, establishments, institutions, organizations, election commissions and their members, or free or promotional goods, services, works, securities, loans, lottery tickets, other material values, accompanied by calls or suggestions to vote or not to vote for the certain political party, candidate for MP of Ukraine, or mentioning name of the certain candidate or party, is an indirect voter bribery.” Civil Network OPORA would like to emphasize that the quantity of possible schemes and types of bribery highly exceeds the number of issues, regulated by the effective legislation. In 2012, candidates were actively using gaps in electoral legislation and passivity of law enforcement agencies, and applied unfair campaigning methods. Simultaneously, financial incentive to vote undermines the people's confidence in election results.
Abuse of powers, the use of administrative resource
The election process started with attraction of regional authorities to the campaigning. There are some incidents when potential candidates participated in official events, organized by regional authorities. Thus, the principle of equal opportunities for parties and candidates is not secured, because government bodies openly or in a concealed way show the voters that social and economic development of a territory depends on their support given to the certain candidates. The experience of elections in 2012 proves that the administrative resource may become the biggest challenge during re-election in five districts. Therefore, subjects of the election process should take measures, and officials of central government bodies should take a stand against the use of administrative resource.
Even before the election campaign started, there were incidents of using administrative resource in favor of self-nominated candidate in ED #132, Mykola Kruhlov, who is the Head of Mykolaiv OSA and Head of regional office of the Party of Regions. In particular, employees of Mykolaiv Oblast State Administration participated in the assembly of the Party of Regions, conducted in Pervomaisk on Saturday, November 2, where potential candidate Mykola Kruhlov was also present. Besides that, opponents of Mr. Kruhlov informed that "campaigning" assemblies were conducted for school principals and directors of kindergartens by representatives of local government in Pervomaisk city. Official website if the OSA has been actively covering events participated by the candidate and Head of the OSA in ED #132 during the last weeks.
In district #94, Head of Kyiv OSA Anatolii Prysiazhniuk, Head of Vasylkiv RSA Oleksandr Komakh, Vasylkiv City Mayor Volodymyr Sabadash were presenting reanimation ambulances to the office of Kyiv Oblast Center for Emergency and Disaster Medicine together with a potential candidate Ruslan Badaiev. Social and political newspaper of Vasylkiv city titled "Zhyttia i Slovo" published information about the following event on October 26, 2013: A. Prysiazhniuk expressed his gratitude to R. Badaiev as a benefactor "for assistance in procurement of reanimation ambulances. And they are not cheap – 670 thousand UAH every car." Besides that, Ruslan Badaiev, together with Anatolii Prysiazniuk, Volodymyr Sabadash, and Oleksandr Komakh, was present during renovation of the pool "Khvylia" ("Wave") in school #9 in Vasylkiv city, and on the meeting dedicated to the 68th anniversary of Ukraine's liberation from Nazi occupation in Stari Bezradychi village, during which veterans received presents. Anatolii Prysiazniuk and Obukhiv City Head Oleksandr Levchenko informed that Ruslad Badaiev has assisted in buying one hundred of free tickets to health improvement facilities in Myronivtsi for veterans in Tsybli village.
Activities of DECs
On October 25, the CEC has passed a Resolution on the Creation of District Election Commissions for Re-Elections of People's Deputies of Ukraine in single-mandate election districts #94, 132, 194, 197, 223. District election commissions were created with the maximum membership (18 persons in each), on the basis of registration statements from parties, which have their factions registered in the Verkhovna Rada of Ukraine, and of draw, conducted among parties, which are subjects of the election process. In total, representatives of 39 political parties, those which have factions in the Parliament, and subjects of the election process, have formed DECs #94, 132, 194, 197, and 223.
Despite the CEC has created district election commissions in correspondence with the current legislation, it didn't take into consideration the recommendations of Ukrainian and international experts regarding the procedure of drawing lots. OPORA observers denote excessive influence of barely known small parties, which have their members working in district election commissions again (the same persons who worked during elections in 2012). According to the statistical analysis of the DECs' staffing, 13 % of members in new commissions have already held the same positions in the same districts in 2012 [1]. Such situation jeopardizes the election process, as long as actions or inaction of members of DECs, which worked in 5 districts in 2012 were main reasons for the impossibility to determine the election results. [2].
The CEC has secured basic training of DEC members during re-election in 5 districts.
Since creation of DECs, their functioning is stable and without any conflicts. However, personnel rotations became the main problem of election commissions. On November 6, 43 members of DECs were substituted, what is 48% of the total membership.
Availability of information about candidates for MPs of Ukraine
According to the Article 107(6) of the Law of Ukraine on Elections of People's Deputies of Ukraine, candidates don't have to submit declarations on assets, income, expenses, and financial obligations to the CEC during the repeated parliamentary elections. During regular 2012 Parliamentary elections, candidates for MPs of Ukraine were obliged to submit declarations on assets, income, expenses, and financial obligations for the previous year to the CEC. These declarations were published on official website of the CEC, available for every voter.
During re-election, information on assets and financial obligations of candidates is not available for the voters. Therefore, the voters are deprived of the right to make a choice based on full information about candidates for MPs of Ukraine. Besides that, the transparency of financial activities of persons, standing as candidates for MPs of Ukraine, is not secured. Interested citizens don't really have the possibility to compare information of the official declaration and numbers, declared by candidates themselves.
Conclusion
Repeated parliamentary elections will test Ukraine's ability to conduct fair, legitimate, and democratic elections. Not only Ukrainian society, but also international community will watch this electoral campaign. The launch of campaign for re-election in five districts is quite peaceful, without serious conflicts among candidates. This is a precondition for proper organization of the electoral process. Simultaneously, there were some incidents, and subjects of the election process, as well as state authorities and law enforcement agencies, should take the corresponding measures. In particular, it's voter bribery and the use of administrative resource. Another unfair campaigning method is registration of so-called clones of well-known politicians as candidates for MPs of Ukraine.
The start of election campaign has already shown the need to improve electoral regulations. First of all, to amend the procedure of drawing lots to select members of the DECs, and introduce qualitative training for their members.
Recommendations:
To candidates for MPs of Ukraine
- In order to provide the voters with full information about candidates, the latter should voluntary publish declarations on assets, income, expenses, and financial obligations;
- In order to prevent abuse of administrative resources, all officials standing as candidates for MPs of Ukraine, should officially go on vacation for the whole period of the election process. They also should publicly refuse from participation in any official events for the whole period of the election process. First of all, this recommendation concerns the candidate in ED #132 Mykola Kruhlov, who is the Head of Mykolaiv OSA.
To central executive bodies
- To monitor activities of officials concerning adherence to the principles of non-interference in the electoral process and political impartiality. To introduce efficient and open measures to be taken when officials violate these principles.
To law-enforcement agencies of Ukraine
1. To conduct full unbiased verification of information regarding voter bribery, or any preparations to the bribery of voters.
2. To systematically inform the public about the progress of investigations of election law violations.
[1] http://oporaua.org/news/4088-opora-na-problemnyh-okrugah-pracjuvatyme-kozhen-10yj-iz-poperednogo-skladu-ovk
[2] http://oporaua.org/news/4089-utvorennja-ta-pochatok-roboty-ovk-na-povtornyh-vyborah-u-5-okrugah