Civil Network OPORA, Internews-Ukraine, Committee of Voters of Ukraine, CHESNO Movement, Ukrainian Center for Independent Political Research, and International Foundation for Electoral Systems (IFES), welcome the amendment of electoral legislation aimed to create a proper legislative base for the conduct of 2014 parliamentary elections in Ukraine in correspondence with international standards.

Creation of a Working group on amendment of electoral legislation, which is composed of representatives of all parliamentary faction and groups, will facilitate the adoption of the Law of Ukraine on the Election of People's Deputies of Ukraine in a wording that represents standpoints of all parliamentary factions.

At the same time, we have to admit that this Working group fails to secure the transparency of its activities. Besides that, neither experts nor the public can influence on the preparation of amendments to the parliamentary elections law. Thus, there is a risk that amendments to electoral legislation will be hastily adopted, contain inconsistencies, and need amendment during the course of election process. Moreover, as a result of such non-transparent drafting of amendments, newly-adopted Law of Ukraine on the Election of People's Deputies of Ukraine may represent only narrow political interests, and contradict previous statements of politicians and expectations of the public.

Taking into consideration this fact, we must emphasize that the Working group on amendment of electoral legislation should secure transparency of its activities, as well as attraction of NGO representatives and independent experts.

During the preparation of amendments to the Law of Ukraine on the Election of People s Deputies of Ukraine, the following recommendations should be taken in consideration:

  1. Proportional representation system should be used for the conduct of parliamentary elections in Ukraine with open list voting in multi-mandate districts where a voter choose particular candidates on a list of candidates.
  2. The Law of Ukraine on the Election of People's Deputies of Ukraine should establish a procedure for creation of multi-mandate election districts that will secure election of 450 Members of Parliament on the election day.
  3. The duration of electoral process should be enough for due organization and conduct of parliamentary elections in Ukraine, as well as for efficient restoration of electoral rights if decisions, actions or inaction are appealed in courts and out-of-court. In any case, 45-day electoral process in inadmissible because it's difficult or even impossible to organize it properly for such a short period.
  4. Parliamentary mandates should be divided between parties which receive 3% of valid votes. Anyhow, the electoral threshold for parties shouldn't exceed 5% of valid votes.
  5. If the Law of Ukraine on the Election of People s Deputies of Ukraine allows electoral blocs to nominate MP candidates, the electoral threshold for blocs should be at least 2% of valid votes higher than for parties.
  6. District and precinct election commissions should be formed on parliamentary elections in Ukraine according to the same procedure, established by the Law on Election of the President of Ukraine. Thus, every party (or electoral bloc if blocs are allowed to nominate candidates) which has registered a list of candidates in the nationwide election district shall have the right to nominate one member to every election commission. Each nominated member to DECs and PECs which correspond to legislative requirements shall be appointed to the corresponding commission without the draw of lots. At the same time, if a corresponding electoral subject nominates less than 2/3 of members to DECs and PECs, it shall loose its status, and its registered candidates should be withdrawn. In such a way, participation of irresponsible parties which are not interested in receiving votes will be impossible.
  7. Law of Ukraine on the Election of People s Deputies of Ukraine should provide that declarations on assets, income, expenses, and financial obligations of all MP candidates are published on official website of the CEC, as well as their autobiographies submitted to the CEC, besides restricted information (living address, location of property etc.).
  8. When considering issues related to the use of electoral funds for campaign financing, the following recommendations should be taken in consideration:
  • Law of Ukraine on the Election of People s Deputies of Ukraine shouldn't establish limitations on the size of electoral funds or maximal expenses, in order to prevent shadowed campaign financing;
  • To diversify sources of campaign financing, citizen contribution to the electoral fund should be decreased from 400 minimum monthly wage to 40 minimum monthly wage.
  • Financial reports on receipts to electoral funds and their use should be submitted by managers of electoral funds before the election day (interim financial reports), and after the voting (final financial reports). This measure will increase the transparency of campaign financing. Interim financial reports should cover the period from the day electoral fund accounts are opened to at least 7 days before the voting day. Interim and final financial reports should be published on the official website of the CEC within 2 days after they are received.
  • The Code of Administrative Offences should be amended, providing administrative responsibility for electoral fund managers who fail to submit or untimely submit interim (final) financial reports, or report false information.
  1. The Parliament should quickly consider and adopt the Draft Law #4846 of 5/12/2014 on Making Amendments to Some Laws of Ukraine Concerning Transparency of Party and Campaign Financing in Ukraine, in September 2014.
  2. Amendments to the Law of Ukraine on the Election of People's Deputies of Ukraine should be accompanied by amendments to the Criminal Code of Ukraine, securing efficient and proportional preventive sanctions for electoral offenses. In particular, the Parliament should continue the consideration of bill #4741 of 18 April 2014, introduced by the Cabinet of Ministers, and secure its adoption on a whole for the conduct of early parliamentary elections in Ukraine.
  3. The Ministry of Internal Affairs of Ukraine, prosecutor's agencies, and courts should bring to account every person who violates electoral legislation during preparation and conduct of parliamentary elections. Such measures will secure the principle of inevitability of liability.
  4. In order to secure the public debate concerning further development of Ukraine, the Law of Ukraine on the Election of People s Deputies of Ukraine should establish minimum 3 minutes for campaigning TV or radio programs (speech, essay, interview, film, message, etc.), financed from the electoral fund of the corresponding electoral subject.

Internews-Ukraine

Committee of Voters of Ukraine AUNGO

Civil Network OPORA

Ukrainian Center for Independent Political Research

CHESNO Movement

Media Law Institute