Civil Network OPORA is conducting a large-scale monitoring campaign in 5 problematic districts, which includes long- and short-term observation. The organization will attract more than 600 activists to conduct the parallel vote tabulation and qualitative observation during the Election Day. OPORA will systematically inform the public about the course of election campaign, as well as whether subjects of the election process observe the electoral legislation, officials participate in the race, and all the interested parties adhere to generally recognized international standards. The organization is also planning to secure on-line broadcasting from the DECs during receipt of protocols of precinct election commissions. Civic observation is aimed to prevent violations and abuses during the vote count process.

Introduction

During the reporting period, the election campaign in 5 problematic districts became more active. OPORA observers report systematic abuses, noticed in 3 of 5 districts, which may result in unlawful influence on election results. Most of the violations, classified as voter bribery, are repeatedly detected in district #194 (Cherkasy), #223 (Kyiv), and #94 (centered in Obukhiv city). Observers have delivered the information on incidents to law enforcement agencies, public prosecution, and the CEC. In district #94 (centered in Obukhiv, Kyiv oblast), the Central Election Commission has removed a candidate from AUU Batkivshchyna Viktor Romaniuk from the register, due to the court decision, based on non-compliance with durational residency requirement. Unprecedented number of candidates wearing the same name as well-known political actors, including a precise "double" of the former opposition candidate Mr. Romaniuk, may confuse voters on the Election Day. The same situation is in district #223 (Kyiv city), where two doubles of the candidate from AUU Svoboda Yurii Levchenko, were registered. Moreover, Svoboda Union NGO will be indicated as a workplace of one of them in the ballot.

Besides that, OPORA continues detecting abuse of administrative resource in districts #132 (centered in Pervomaisk city), and #94 (Centreed in Obukhiv city). However, such activities, according to observers, have weaker influence on election results than direct bribery.

During the reporting period, 59 candidates have voluntary removed their candidacies. Only Viktor Romaniuk was removed by the court decision.

Registration and voluntary removal of candidates

On repeated elections, Candidates for MPs of Ukraine and political parties, which are subjects of the election process, had the right to submit an appeal to the CEC regarding removal of candidates from the register till December 2, 2013. Till December 4 inclusive, the CEC was obliged to consider these appeals and pass corresponding resolutions.

As of December 5, 2013 when all the appeals were considered, the number of candidates in five single-member districts reduced from 207 persons to 151. The biggest number of candidates remained in district #223 (centered in district Shevchenkivskyi, Kyiv city – 70 persons). The large number of candidates are running in district #94 (centered in Obukhiv city) – 38 persons. In this district, 47 candidates were removed from the register. The smallest number of candidates is registered in district #132 – 11 persons. If to compare the number of candidates on these elections to their quantity on 2012 parliamentary elections, the number of individuals fighting for mandates in districts #94, 132, 194, 223 has increased. However, in district #197 the number of candidates has decreased. According to OPORA observers, most of candidates are not campaigning.

The problem of so-called "candidates-doubles" or "clones" of well-known or highest rated politicians remains quite urgent, as long as their presence in ballots may confuse the voters. In particular, three persons with surname Levchenko were registered in district #223, but only Yurii Levchenko nominated by AUU Svoboda conducts campaigning events. A self-nominated candidate Andrii Levchenko has provided the following employment information, which will be included in ballot papers: Head of Analytical Department of the Svoboda Union NGO. According to OPORA observers, Svoboda Union NGO was created after Andrii Levchenko submitted his document for registration as a candidate for MP of Ukraine [1]. Simultaneously, there are self-nominated candidates in district #94, whose names fully coincide with names of famous politicians and former MPs of Ukraine Serhii Vlasenko, and Ostap Semerak. A candidate Viktor Romaniuk, who has received the biggest number of votes during regular elections,was removed from the register due to the court decision (as of December 5, 2013), based on non-compliance with durational residency requirement. The latter is not living in Ukraine since December 2013. However, his namesake Romanik Viktor Mykolaiovych is running in the district, and there is a possibility that the voters will be misled and vote for the namesake.

Table 1

"Number of candidates in single-member districts #94, 132, 194, 197, and 223 as of December 5, 2013."

Number of candidates
District #94
District #132
District #194
District #197
District #223
1. Number of nominated candidates
38
11
16
16
70
2. Number of candidates, whose registration was canceled
47
2
2
2
6

Campaigning activities in districts

ED #94

During November 2013, the most active campaigners were: Viktor Romaniuk, nominated by AUU Batkivshchyna; self-nominated candidates Ruslan Badaiev andYurii Karmazin; Andrii Lozovyi, nominated by Radical Party of Oleh Liashko.

Election campaigning was predominantly conducted in the form of meetings with voters, outdoor advertising, dissemination of campaign materials from tents, concerts, local mass media. According to OPORA observers, self-nominated candidate Ruslan Badaiev is well represented in the media, he conducts meeting with voters in labor groups, and participates in official events of local government bodies.

Viktor Romaniuk had to conduct meeting with voters through Skype, as long as he moved abroad after criminal proceedings against him were opened in Ukraine. MPs of Ukraine, affiliated in the AUU Batkivshchyna, were also taking part in his election campaign.

Candidates Yurii Karmazin and Andrii Lozovyi are attracting celebrities to their campaigning events (Alla Kudlai, Nina Matviienko, Ivan Hazera, and other).

Situation in the district may be radically influenced by resolution of the CEC on removal of the candidate Viktor Romaniuk nominated by AUU Batkivshchyna, passed on December 5 on demand of the Higher Administrative Court of Ukraine[2]. On December 4, Higher Administrative Court has ruled that the Central Election Commission unlawfully remained inactive when failed to remove candidate Viktor Romaniuk from register in district #94 during repeated election of MPs of Ukraine on December 15, 2013. Therefore, the Court has obliged the CEC to pass the corresponding decision and remove MP candidate Viktor Romaniuk from the register [3]. In this case, the Higher Administrative Court implemented functions of the court of appeal, as long as on December 1, Kyiv Administrative Court of Appeals has ruled that resolution of the CEC on registration of Viktor Romaniuk as MP candidate was unlawful[4]. Kyiv Administrative Court of Appeals has determined that Mr. Romaniuk has violated the Article 76(2) of the Constitution of Ukraine and the Article 9 of the Law of Ukraine on Elections of People's Deputies of Ukraine, which require residing in Ukraine for the last five years. According to the Specific Information Processing Center of the State Border Guard Service of Ukraine, Viktor Romaniuk was residing abroad for 309 days, from December 15, 2012 to November 29, 2013 (270 days on the moment he was registered as MP candidate). Higher Administrative Court has determined that the candidate doesn't comply with durational residency requirement. However, the courts have chosen different ways to protect violated rights and interests. While the first instance court decided to cancel the Resolution of the CEC #226 of October 26, 2013 concerning the registration of Viktor Romaniuk as a candidate for MP of Ukraine, the court of appeal obliged the Central Election Commission to cancel the very same Resolution. OPORA is convinced that the fact that the CEC is not obliged but only has the right to verify candidate's duration of residency in Ukraine, is another gap in the electoral legislation. According to the Article 60(1.7), the CEC shall refuse to register MP candidates, if there are circumstances which deprive such individuals of the right to be chosen as MP of Ukraine, including compliance with durational residency requirement. However, as long as the CEC is not obliged to verify the information in documents, it had passed Resolution #226 and registered Romaniuk Viktor Mykolaiovych (born on August 28, 1975) as MP candidate in single-mandate district #94[5], based on registration of the place of residence.

District #132

 Only 2 of 11 registered candidates are actively campaigning: Andrii Kornatskyi (AUU Batkivshchyna) ta Mykola Kruhlov (self-nominated). This two-horse race reflects the confrontation between the government and the opposition, as long as self-nominated candidate Mykola Kruhlov, who is the Head of Mykolaiv OSA, is supported by the Party of Regions. Activeness of the self-nominated candidate in the district Mykhailo Sokolov, ex-member of AUU Batkivshchyna, was quire intriguing. However, on December 4, the CEC has canceled his registration on the basis of his personal appeal. The candidate refused to participate in the race in favor of Arkadii Kornatskyi, nominated by AUU Batkivshchyna.

Andrii Kornatskyi and Mykola Kruhlov are conducting meetings with voters. According to OPORA observers, Kruhlov was more active during such meetings than Kornatskyi. Candidates have campaigning tents in the district, electoral programs and thematic newspapers are disseminated. Instead, Mykola Kruhlov visits official events of local government bodies as MP candidate.

Members of Parliament, affiliated in AUU Batkivshchyna, participate in election campaigning of Arkadii Kornatskyi.

ED #194

Mykhailo Poplavskyi, Oleksandr Radutskyi, Oleh Svynarchuk, Andrii Svynarenko and a candidate nominated by AUU Batkivshchyna Mykola Bulatetskyi were holding the most active campaigns in the district.

Mykola Bulatetskyi (AUU Batkivshchyna) is actively using various forms of campaigning. The candidate is actively holding direct meetings with voters, purposefully visits crowded places, uses public transport, places election campaigning in the media, and holds press-conferences. MPs from oppositional factions are actively participating in campaigning events of the candidate. Self-nominated candidate Valentyn Kuzmenskyi, who is ex-member of AUU Batkivshchyna and Member of Cherkasy City Council, is quite active in the district. In his campaigning, Kyzmenskyi uses symbols of AUU Batkivshchyna. Cherkasy oblast office of AUU Batkivshchyna has removed Valentyn Kuzmenskyi from membership because he had failed to comply with decision of the party regarding nomination of Mykola Bulatetskyi as MP candidate.

Self-nominated candidate Mykhailo Poplavskyi holds meetings with voters, visits universities and hospitals, organizes sport events and entertainments. A stage is permanently located in the center of Cherkasy, where activists conduct different contests and concerts.

An active self-nominated candidate Oleh Svynarchuk has submitted a personal appeal to the CEC, asking to cancel his registration. The appeal was satisfied.

SMD #197

The following candidates were actively campaigning in the district: Leonid Datsenko (AUU Batkivshchyna), Viktor Roienko (CPU), Serhii Tyshchenko (Radical Party of Oleh Liashko), Ihor Sukhobrus (self-nominated), Mykola Ladan (self-nominated). Leonid Datsenko is the most active of them. Leader of AUU Batkivshchyna Arsenii Yatseniuk participated in campaigning events of Mr. Datsenko.

The most popular campaigning methods in the district are meeting with voters, and outdoor advertising.

District #223

In November, the most active in the district were: Yurii Levchenko (AUU Svoboda), Viktoriia Shylova (Radical Party of Oleh Liashko) and Yurii Hrymchak (Ukrainian Platform Sobor). Viktor Pylypyshyn, a self-nominated candidate, has also started conducting meetings with the voters. Some self-nominated candidates are focused on campaigning through social networks (particularly, Tetiana Montian).

National protests in Kyiv have considerably influenced the course of election campaign in the district. Some candidates have announced their views on the political situation in the country and joined rallying.

It is also significant that Yurii Hrymchak, nominated by the Sobor Ukrainian Party, refused to participate in the elections in favor of Yurii Levchenko, nominated by AUU Svoboda.

Voter bribery

Voter bribery is one of the biggest hazards for free voting during repeated elections of MPs of Ukraine. In districts #194, and 223 OPORA observers noticed active bribing in favor of some candidate. Voter bribery is a criminal offense, and law enforcement agencies shall conduct unbiased investigation of detected facts of bribery, according to the Article 157 of the Criminal Code of Ukraine.

In district #194, the voters were noticed to receiving monetary bribes to vote in favor of a self-nominated candidate Mykhailo Poplavskyi. In particular, on November 24, observers noticed that unknown persons proposed citizens living on 429 St. Hoholia money for voting in favor of Mykhailo Poplavskyi during repeated elections to the Verkhovna Rada of Ukraine on December 15, 2013. If citizens agreed, they had to write unofficial statement and come to the office at the address given by organizers of the bribery. Voters could receive 200 UAH before the Election Day, and 150 UAH after the elections [6]. OPORA observers have numerously reported such incidents; there are video proofs and the corresponding appeals to law-enforcement bodies. In some incidents, voter bribery was committed quite openly. Candidate Mykhailo Poplavskyi has publicly denied any voter bribery in his interests [7]. Instead, MP of Ukraine Mykola Tomenko and MP candidate from the United Opposition in district #194 Mykola Bulatetskyi have delivered documents proving voter bribery incidents in Cherkasy to MIA of Ukraine in Cherkasy oblast. All the proofs, gathered by civic observers and subjects of the election process, show that unlawful activities aimed to bribe voters in district #94 are systematically committed. Therefore, law enforcement agencies should urgently take measures to prevent voter bribery.

Observers of Civil Network OPORA have justified grounds to be sure that monetary bribery scheme is unfolded in district #223, presumably in favor of a self-nominated candidate Viktor Pylypyshyn. Violators use so-called pyramid of "campaigners", with people responsible for blocks of flats with shared entrance, and people responsible for the whole apartment buildings. These persons are campaigning for the candidate and propose people 200 UAH before the Election Day and 200 UAH after the elections during 7-10 days after the voting. These facts were recorded, and the organization has sent the corresponding statement of a claim to the public prosecutor's office and to the CEC.

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 and unlawful campaigning methods. Simultaneously, financial incentive to vote undermines the people's confidence in election results.

Administrative resource

During November 2013, abuses of administrative resource, and biased officials in government bodies were frequently detected in Districts #94 and #132.

In district #94, local government bodies are actively supporting a self-nominated candidate Ruslan Badaiev. For example, on November 19, Head of Kyiv Oblast State Administration Anatolii Prysiazhniuk, Vasylkiv City Mayor Valerii Sabadash, and MP candidate Ruslan Badaiev have opened the Khvylia Center for Sports and Recreation within a state program "Kyiv oblast without suburbs". On November 21, State Labor Inspection Office in Vasylkiv city conducted a seminar, participated by MP candidate Ruslan Badaiev. Candidate's campaigning materials were disseminated during the seminar.

Head of Mykolaiv OSA, a self-nominated candidate in district #132 Mykola Kruhlov is formally on vacation for the campaigning period, but local officials are following him on the events. There are also incidents of using state and local social programs in campaigning interests of Mr. Kruhlov. In particular, the candidate Kruhlov participated in the opening of afterpurification facility, which was created within the oblast targeted project "Drinking water in Mykolaiv oblast". Besides that, information about candidate's participation in official event was placed on website of Pervomaisk City Council.

Conflicts between candidates and obstruction to their activities

In November - early December 2013, a number of conflicts between MP candidates was noticed. Oleh Naida, nominated by the Radical Party of Oleh Liashko, appealed to the CEC with a demand to cancel registration of Arkadii Kornatskyi, nominated by AUU Batkivshchyna. He justified his demand by the fact that Kornatskyi had supposedly submitted false autobiography. According to Mr. Naida, Kornatskyi is a member of the People's Union–Our Ukraine party, but he failed to include this information into his autobiography. The CEC has refused to satisfy the appeal, and its decision was appealed in Kyiv Administrative Court of Appeals. On November 18, the Court ruled not to satisfy demands of Oleh Naida regarding information about party affiliation of Arkadii Kornatskyi. The plaintiff had to withdraw his action against registration of Arkadii Kornatskyi.

The use of dirty tactics and black PR

Black PR and dirty tactics were occasionally used against MP candidates. The use of countercampaign didn't manage to assume wide scope.

In district #194, the NAS RAT' newspaper and the Cherkaska Gazeta newspaper were disseminated. They contained provocative materials against candidate Mykola Bulatetskyi. Materials, published in these newspapers, had been previously published in internet. In district #223, fake leaflets were disseminated, as if from Yurii Levchenko, nominated by AUU Svoboda. These leaflets distorted political position of Mr. Levchenko and called to provide him financial assistance.

In district #94, unknown persons were disseminating leaflets with a slogan: "She is in prison, He is on seacoast." These provocative leaflets contained images of a former Prime Minister of Ukraine Yuliia Tymoshenko and MP candidate from AUU Batkivshchyna Viktor Romaniuk. Simultaneously, in district #197, the Chas-Pik newspaper was disseminated, which had features of black PR against candidate from AUU Batkivshchyna Leonid Datsenko.

Violation of election campaigning requirements

In some districts, observers noticed rare violations of the law on election campaigning.

According the Article 74(8) of the Law of Ukraine on Elections of People's Deputies of Ukraine, it's forbidden to place political advertising on outside and inside of public transport. OPORA observers noticed that this requirement was violated in district #194 (self-nominated candidate Oleh Svynarchuk) and #194 (candidate Ruslan Badaiev). However, candidates denied any involvement in political advertising on public transport.

Still, Mykolaiv District Administrative Court has admitted that Arkadii Kornatskyi, nominated by AUU Batkivshchyna, disseminated election campaigning materials without an imprint.