SUMMARY
By-election of MP in SMD #205 (Chernihiv city) is another verification of Ukraine's ability to secure adherence to election process standards. This by-election will show whether positive changes in election administration were made or not before regular local elections, to be held in an extremely complicated social and political situation.
A record-breaking number of candidates were registered in this by-election (127), and 119 of them are self-nominated candidates. In June 2015, only 5 of 127 candidates were systematically campaigning, while most of candidates are barely known to voters in the district. Taking into consideration such big number of candidates and the fact that many of them have similar names an surnames, there is a risk that voters will confuse them on the voting day. Besides that, such excessive number of MP candidates can negatively influence the creation and functioning of precinct election commissions, as long as active campaign participants may monopolize influence in commissions through quotas of little-known candidates.
We are particularly worried about a complete distrust between candidates, who are actively campaigning in the district. Regional and national information space contains mutual accusations of candidates, and there were provocative and use-of-force incidents reported. At the same time, having received an anonymous notification about explosives in premises of the CEC, it couldn't receive documents of potential candidates on the last official registration day (25 June). An incident involving Internal Affairs employee who has beaten campaigners of MP candidate Hennadii Korban while being under alcohol influence, must be comprehensively investigated in an unbiased manner. Besides that, dissemination of false or unverified information about competitors depreciates program discussions between the voters and candidates.
On the basis of previously held parliamentary elections in Ukraine, we can state that direct or indirect misuse of administrative resources can jeopardize legitimacy of the election process and remains one of key electoral challenges in Ukraine. Thus, a decision to make one of the candidates – Serhii Beresenko, nominated by the Solidarity Petro Poroshenko Block, – responsible for implementation of development projects in Chernihiv oblast in the Regional Development Council under the President of Ukraine.
Law enforcement bodies should demonstrate a coordinated and effective response to violations of electoral legislation and information about such violations during the election process in district #205, the CEC should secure a systematic coordination of election commissions, and central and local authorities should take up an unbiased stand towards electoral process and candidates. At the same time, the candidates must demonstrate a discretion and take into consideration that excessive conflicts can question recognition of election results by the public.
PRECONDITIONS FOR BY-ELECTION OF MP
Since powers of a Member of Parliament, elected in single-member district #205 (city of Chernihiv) on regular Parliamentary elections, were early terminated, the Central Election Commission has appointed by-election in this district for 26 July 2015[1]. CEC has passed the Resolution on by-election on the basis of VRU Resolution #440-VIII as of 19 May 2015 on early termination of powers of MP Valerii Kulich, elected in single-mandate election district #205 based on his personal application requesting to terminate his parliamentary powers.[2].
Election process has officially started in SMD #205 on 30 May 2015, and will end on fifteenth day after election results are officially published by the Central Election Commission.
ACTIVITIES OF ELECTION COMMISSIONS
Activities of the Central Election Commission
In June 2015, activities of the CEC were focused on registration of MP candidates and their proxies, creation of a district election commission and making changes in its membership, consideration of NGO applications regarding permission to deploy official observers etc.
The CEC has approved its expenditure budget for preparation and conduct of by-election in single-mandate election district #205[3]. Thus, the CEC has budgeted 617,300.00 UAH for the upcoming by-election, including over 240 thousand UAH for the production of electoral documentation; over 188 thousand on mass media services to promulgate CEc decisions; 100 thousand on communications; 83 thousand on campaigning in the media; 1,500 UAH on business trips for DEC Head and Accountant to submit financial report to the CEC.
The Central Election Commission has passed a special Resolution regulating that campaign expenses of MP candidates registered in district #205 should be financed from the State Budget of Ukraine[4]. Besides that, it has also created a control commission for production of ballot papers, comprising one representative from each of the following parties: People's Front, Radical Party of Oleh Liashko, Samopomich Union, and Solidarity Petro Poroshenko Block.
Establishing a district election commission
According to the Law of Ukraine on Elections of People's Deputies of Ukraine, the CEC was obliged to create a district election commission (hereinafter - DEC) not later than fifty days before the voting day in by-election of an MP (before 5 June inclusive). However, nominating entities could use their right and submit candidates for DEC membership until 2 June 2015.
The Article 107 (2) of the Law of Ukraine on Elections of People's Deputies of Ukraine specifies two nominating entities that are eligible to submit candidates for DEC membership in by-election of an MP: 1) any political party whose parliamentary faction is registered with the Apparatus of the Verkhovna Rada of Ukraine of current convocation (not more than one nominee per party); 2) any electoral subject which has had MP candidates registered in the nationwide multi-mandate electoral district for the last parliamentary elections in Ukraine (not more than one nominee).
Thus, the following parliamentary factions have had a chance to nominate members for DEC #205: Petro Poroshenko Block, People's Front, Opposition Block, Samopomich Union, Radical Party of Oleh Liashko, All-Ukrainian Union Batkivshchyna; and 29 electoral subjects which has had MP candidates registered in the nationwide multi-mandate electoral district in 2014 early parliamentary elections in Ukraine. At the same time, MP candidates registered for this by-election didn't have a right or opportunity to nominate DEC members. According to the legislation, parliamentary factions shall have one representative in DEC membership each, but nominees from electoral subjects which has had MP candidates registered in the nationwide multi-mandate electoral district for the last parliamentary elections shall be selected to DEC membership through the draw of lots. The DEC has 18 members.
The CEC has received nomination documents from 6 political parties whose parliamentary factions are registered with the Apparatus of the current Parliament (Solidarity Petro Poroshenko Block, People's Front, Opposition Block, Radical Party of Oleh Liashko, Samopomich Union, AUU Batkivshchyna), and 25[5] of 29 parties (electoral subjects) which have had their candidates registered in the nationwide multi-mandate election district for 2014 early parliamentary elections in Ukraine.
On 3 June 2015, the Central Election Commission has conducted the draw of lots to select DEC members nominated by parties (electoral subjects) which have had their candidates registered in the nationwide multi-mandate election district for early parliamentary elections in Ukraine.
Thus, on the very same day, the CEC has created DEC for by-election of an MP in SMD #205 (Chernihiv) based on the results of the draw and nomination documents received from parliamentary factions[6].
Thus, the DEC #205 comprises representatives of political parties having parliamentary factions in the current Parliament (Petro Poroshenko Block, People's Front, Opposition Block, Samopomich Union, Radical Party of Oleh Liashko, All-Ukrainian Union Batkivshchyna), and electoral subjects which participated in 2014 parliamentary election (Syla I Chest political party, All-Ukrainian Union Svoboda, Bloc of Left-Wing Forces, Solidarity Petro Poroshenko Block, Ukrainian Civil Movement, Radical Party of Oleh Liashko, United Country, Syla Liudei, Liberal Party of Ukraine, Samopomich Union, Internet Party of Ukraine, Strong Ukraine party of Serhii Tihipko).
However, as long as it was impossible to adhere to the principle of position distribution of managerial positions amount nominating entities, the CEC has appointed DEC Head, Deputy Head and Secretary[7]. DEC Head is from the Syla I Chest political party, Deputy Head – from AUU Batkivshchyna, and Commission Secretary – from AUU Svoboda.
As long as parliamentary factions are entitled to have one representative and have a chance to get a second representative by participating in the draw, the Solidarity Petro Poroshenko Block, Radical Party of Oleh Liashko, and Samopomich Union have all received 2 representatives each in DEC #205. Other political parties have one representative each in the corresponding DEC.
Registration of MP candidates by the CEC
According to the Calendar plan of by-election of an MP in district #205, political parties could nominate candidates from 30 May to 15 June, and self-nominated candidates could nominate themselves from 30 May to 25 June. 25 June was the deadline for document submission to the CEC, and the registration process itself has ended on 30 June.
The CEC has registered 127 MP candidates and refused to register 17 nominees. Refusals were based on the following grounds: 1) a statement of self-nomination didn't contain an obligation to terminate any activities incompatible with mandate of an MP of Ukraine under the Constitution and the Laws of Ukraine; 2) autobiography either had no information about position, place of employment, public activities, citizenship, political party affiliation, and place of birth, or it hasn't been submitted at all; 3) candidates failed to personally show Ukrainian passport or a temporary certificate of Ukrainian citizen; 4) consent to the publication of candidate's biographical information in relation to participation in the election; and acknowledgement of the obligation, in the event of being elected as an MP, to transfer the management of enterprises and corporate rights owned by the MP candidate to another person, pursuant to the procedure prescribed by the law; a candidate failed to meet the duration of residency requirement established by the Constitution of Ukraine and the Law, saying that a candidate shall live in Ukraine for the last five years; 5) the date of submission wasn't indicated in application submitted by self-nominated candidates.
In two instances, (concerning self-nominated candidate Kuzmenko [8] and a candidate nominated by the People's Democratic Party of Ukrainian Patriots[9]) the Higher Administrative Court obliged the CEC to accept documents of these nominees, but the CEC has refused to register them after consideration of documents after all.
On 25 June 2015, the last official registration day, the CEC has received an anonymous notification about explosives in its premises at around 7 pm and, therefore, the Commission couldn't receive registration documents for the certain time. This incident can be interpreted as a purposeful disruption of registration process, to prevent nominees from timely submission of documents and using the right to be elected as an MP.
Activities of the DEC
Experience members of the DEC #205 have in election organization In June 2015, DEC #205, established for administration of by-election of an MP (Chernihiv city) was responsible for preparation of a unified expense budget for preparation and conduct of elections (including expenses of district election commission and precinct election commissions), registration of official observers and some other organizational functions. This unified expense budget, created by the DEC and approved by the CEC, provides 2 million 314 thousand 700 UAH for organization and conduct of by-election of an MP. 700 UAH
The CEC has passed four resolutions to make substitutions in this Commission since the creation of DEC in election district #205 (6/3/2015). As a result, 8 of 18 members were excluded (see detailed information about DEC membership in Table 1).
Table 1. Membership of the district election commission in by-election of an MP, SMD #205
|
Nomination entity |
Number of DEC members nominated by the entity |
Number of substitutions made in the DEC membership by the nomination entity |
|
Bloc of Left-Wing Forces |
1 |
1 |
|
Solidarity Petro Poroshenko Block |
2 |
2 |
|
United Country |
1 |
1 |
|
Internet Party of Ukraine |
1 |
0 |
|
People's Front |
1 |
1 |
|
Samopomich Union |
2 |
0 |
|
Opposition Block |
1 |
0 |
|
Syla i Chest |
1 |
1 |
|
Syla Liudei |
1 |
0 |
|
All-Ukrainian Union Batkivshchyna |
1 |
|
|
All-Ukrainian Union Svoboda |
1 |
0 |
|
Ukrainian Civil Movement |
1 |
1 |
|
Liberal Party of Ukraine |
1 |
0 |
|
Strong Ukraine party of Serhii Tihipko |
1 |
1 |
|
Radical Party of Oleh Liashko |
2 |
0 |
|
Total |
18 |
8 |
Civil Network OPORA has analyzed CEC resolutions on creation of election commission passed in previous election and the current membership of the DEC #205 (as of 7/1/2015) to know the percentage of commission members don't have experience of election organization in DEC membership. According to analysis results, 10 of 18 DEC members don't have such experience.
At the same time, DEC Deputy Head O. Mozhova has the best experience in election organization (she was representing the AUU Batkivshchyna in DEC membership in 2012-2014 parliamentary elections), as well as commission member Ye. Artemenko representing the Opposition Block (2012 Parliamentary elections in Ukraine – DEC member representing the Bratstvo political party; 2014 early parliamentary election in Ukraine – DEC member representing the Liberal Party of Ukraine; 2014 Presidential election – DEC member representing Serhii Tihipko; 2010 Presidential Election – DEC member representing Viktor Yanukovych).
At the same time, Head of the DEC #205 M. Punko, nominated by the Syla I Chest party, has participated as DEC member in three elections (2012 Parliamentary elections – DEC member representing Anarchists Union of Ukraine party; 2013 repeated parliamentary election in Ukraine – DEC member representing People's Initiative political party; 2010 Presidential election in Ukraine – DEC member representing Viktor Yanukovych). The Secretary of DEC #205, nominated by the AUU Svoboda, worked in DEC only once (2014 parliamentary elections in Ukraine – DEC member representing AUU Svoboda).
Table 2. Experience members of the DEC #205 have in election organization
|
Experience in DECs |
Number of DEC members with the corresponding experience |
|
Have no experience in organization and conduct of the voting as member of DEC |
10 |
|
Worked as DEC member one time |
2 |
|
Worked as DEC member twice |
1 |
|
Worked as DEC member three times |
3 |
|
Worked as DEC member four times |
2 |
ELECTION CAMPAIGN DEGEST
Number and affiliation of MP candidates
A record-breaking number of candidates was registered for this by-election in SMD #205 if compared to the previous parliamentary election – 127. Judging from the previous electoral statistics, the quantity of candidates registered in SMD #205 depends more on election technologies used by the most active candidates, but not on real citizen motivation to run for MP seat. Such high number of candidates, which haven't conducted any public activities in June 2015 and are still little known to the voters, may trigger the certain complications in the election process.
Table 3. Number of candidates registered for 1998–2015 parliamentary elections in single-member districts
|
Elections (district having the largest number of candidates |
Number of candidates |
|
by-election of an MP in SMD #205 (2015) |
127 |
|
SMD #96 (2014 early parliamentary elections in Ukraine, Kyiv oblast) |
50 |
|
by-election of an MP in SMD #83 (Ivano-Frankivsk oblast) |
13 |
|
SMD #94, Kyiv oblast (2013 repeated election of MPs of Ukraine in single-member districts #94, 132, 194, 197, 223) |
85 |
|
SMD #224 (2013 by-election of an MP, Sevastopol) |
23 |
|
SMD #95 (2012 regular parliamentary elections in Ukraine, Kyiv oblast) |
48 |
|
SMD #45 (2002 regular parliamentary elections in Ukraine, Donetsk oblast) |
36 |
|
SMD #218 (1998 regular parliamentary elections in Ukraine, Kyiv city). |
38 |
Only 8 of 127 candidates registered for by-election in district #205 were nominated by political parties. The following parties have used their right to nominate candidates: Democratic Alliance, Solidarity Petro Poroshenko Block political party, Radical Party of Oleh Liashko, Yedyna Kraina (United Country), Ukrainian Union of Patriots – UKROP, Civic Position, All-Ukrainian Union Svoboda, Respublika (Republic). All the other candidates have nominated themselves.
Taking into consideration that technology of so-called candidates-doubles was highly efficient in previous elections (for example, in 2014 early elections in Ukraine, candidates-doubles having similar names to active candidates or even leaders received nearly 4-5% of votes [10]), the public paid attention to possible registration of candidates bearing identical or similar surnames. There are three registered candidates with similar surnames (and one having similar name and surname): Karban Hennadii Valeriiovych (self-nominated), Karban Hennadii Olehovych (Ukrainian Union of Patriots – UKROP) and Korpan Halyna Viktorivna (self-nominated). Besides that, the CEC has refused to register a self-nominated candidate Berezenko Serhii Leonidovych, while the list of candidates has Berezenko Serhii Ivanovych, nominated by the Solidarity Petro Poroshenko Block political party.
Campaigning activities of MP candidates in Ukraine
Five candidates were campaigning the most actively in June 2015:
- Hennadii Karban (nominated by the Ukrainian Union of Patriots – UKROP);
- Serhii Berezenko (nominated by the Solidarity Petro Poroshenko Block political party);
- Yurii Tarasovets (self-nominated candidate, member of the UDAR party of Vitalii Klychko);
- Andrii Mishchenko (nominated by the All-Ukrainian Union Svoboda political party);
- Taras Kostanchuk (self-nominated candidate, unaffiliated, presents himself as a representative of the Spravedlyvist Military and Patriotic Association of ATO Participants).
As for campaigning means, the candidates have usually disseminated campaigning materials on streets and in campaign tents, placed political outdoor advertising, advertising in the media, organized meetings with citizens of Chernihiv and entertainments for the voters. For example, buses used for transfer of football fans to a game in Kyiv on 6/3/2015 (Dynamo – Shakhtar) were bearing symbols of candidate Serhii Bereziuk (not yet registered in the CEC on the moment). According to organizers, this trip was financed by Chernihiv Oblast Football Federation and Serhii Bereziuk. Hennadii Korban, nominated by the Ukrainian Union of Patriots – UKROP party has also organized entertainment events as a part of his campaigning efforts. In particular, on 6/27/2015, the party and candidate invited citizens of Chernihiv to a party where famous Ukrainian DJs and pop singers performed.
Hennadii Korban (Ukrainian Union of Patriots – UKROP) and Serhii Berezenko (Solidarity Petro Poroshenko Block), who have proven themselves as the most active candidates in this race, publish a lot of campaign materials in local printed media.
Campaign posters without an imprint were placed in electoral district #205 bearing the following slogans: "Sokolov – is radish" (TN: bad person), "Ukrop is against radish" (TN: ukrop – dill, Ukrainian) (Oleksandr Sokolov is the Mayor of Chernihiv, and one of candidates nominated in district #205, Hennadii Korban, is a member of the Ukrainian Union of Patriots – UKROP party).
Misuse of administrative resources / Use of state and regional projects or programs for promotion of a certain candidate
We have noticed some signs of a state program (project) used in campaigning purposes by Serhii Berezniak, nominated by the Solidarity Petro Poroshenko Block. On 21 April 2015, the Regional Development Council was created as a part of efforts goaled for implementation of President's tasks, particularly to reach efficient cooperation between state authorities and local government bodies and realize the decentralization reform. Thus, Chairman of State Affairs Department Serhii Berezenko, who is also a candidate in SMD #205, was appointed as Chernihiv oblast development projects implementation officer in this Council. Information about establishment of the Regional Development Council was placed on outdoor advertising means in Chernihiv oblast yet before the election campaign official started. At the same time, the 'Solidarity. Chernihiv Oblast' newspaper was disseminated in the city on 6/9/2015 without proper imprint lines identifying the publisher, number of printed copies, responsible for printing etc.. Besides that, an address and phone of public reception in the Regional Development Council was placed on the last page of the newspaper, which functioning is under responsibility of the candidate.
Provocative and use-of-force incidents in the election process
In June 2015, a number of provocative and use-of-force incidents were reported in election district.
From 20 to 22 June, fake call-up papers were disseminated on behalf of Hennadii Korban, allegedly signed by Volodymyr Parasiuk, Chairman of the candidate's headquarters. However, representatives of Mr. Korban claimed that the leaflet is not part of candidate's campaigning.
On 21 June, Internal Affairs bodies received false notification about mining of Hennadii Korban's election headquarters, located at Pushkina St. in Chernihiv. On 26 June, employees of Ministry of Internal Affairs in Chernihiv oblast have found an unidentified package wrapped in blue insulating tape near election headquarters of Hennadii Korban. Militia officers have destroyed the package, but there were no explosives inside.
On 30 June, Internal Affairs employee has beaten campaigners of MP candidate Hennadii Korban while being under alcohol influence. Investigative Department of the Prosecutor's office has initiated a criminal proceeding under Article 296 (1) of CrCU (hooliganism).
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[1]http://www.cvk.gov.ua/pls/acts/ShowCard?id=40730&what=0
[2]http://zakon1.rada.gov.ua/laws/show/440-19
[3]http://www.cvk.gov.ua/pls/acts/ShowCard?id=40736&what=0
[4]http://www.cvk.gov.ua/pls/acts/ShowCard?id=40765&what=0
[5] The following parties which were electoral subjects in 2014 early parliamentary elections in Ukraine have used their right to nominate DEC members: People's Front, Vidrodzhennia Party, Right Sector, Opposition Block, Bloc of Left-Wing Forces of Ukraine, the 5.10 Party, Solidarity Petro Poroshenko Block, Ukrainian Civil Movement, Syla i Chest, Civic Position, Congress of Ukrainian Nationalists, Radical Party of Oleh Liashko, United Country (Yedyna Kraina), All-Ukrainian Union Svoboda, Syla Liudei, Party of Greens of Ukraine, Liberal Party of Ukraine, New Policy party, Samopomich Union, Ukraine of the Future, Green Planet Ukrainian Party, Internet Party of Ukraine, All-Ukrainian Agrarian Union Zastup political party, Strong Ukraine party of Serhii Tihipko, All-Ukrainian Union Batkivshchyna. The following parties didn't use this right: The Solidarity of Women of Ukraine party, National Democratic Party, Communist Party of Ukraine, All-Ukranian Political Union "Ukrayina - Yedyna Krayina"("Ukraine the United Country").
[6] http://www.cvk.gov.ua/pls/acts/ShowCard?id=40738&what=0
[7] http://zakon4.rada.gov.ua/laws/show/v0079359-13
[8] http://www.cvk.gov.ua/pls/acts/ShowCard?id=40835&what=0
[9] http://www.cvk.gov.ua/pls/acts/ShowCard?id=40834&what=0