OPORA has noticed that equal opportunities principle was neglected by a potential candidate in the city of Vasylkiv (Kyiv oblast) who holds an office in local government body and used his powers for campaigning purposes.
In an appeal, published on the official website of city council on 24 July 2015, Vasylkiv City Mayor Serhii Sabov calls on local communities and collectives to discuss nomination of candidates for members of the local self-government body. The text contains campaigning in favor of the UDAR party, in which city mayor is affiliated, and other parties of the parliamentary coalition.
OPORA would like to emphasize that similar appeals are against Article 15 (1) of the Law of Ukraine on Local Elections, saying: “Electoral process shall start 50 days before regular or early local elections”. According to Article 14 (2) of the Law, “regular local elections shall be held on the entire territory of Ukraine on the last Sunday of October on the fifth year of authority taken by councils, mayors, and village headmen elected in the last regular local elections”. Thus, this appeal is an early start of the election campaign and misuse of authority by a local official.
In fact, Serhii Sabov doesn't violate the effective legislation, as long as the official campaign hasn't started yet. Thus, it is a political campaigning, not electoral, even though there's a possibility that he's going to register as a candidate in the CEC. However, OPORA would like to remind that the official has neglected the principle of equal opportunities by such actions. Thus, according to the Article 61 (1) and 62 (1) of the Law, “candidates and local party organizations shall have equal rights for making statements by themselves or their proxies on pre-election or other meetings, sessions, conferences and rallies that are directly related to the election process as well as in the media”.
OPORA would like to draw attention of all politicians planning to participate in the election process to Article 30 of the Law of Ukraine on Local Elections: “Participation in election campaigning shall be prohibited to:“ ”state authorities, government bodies of the Autonomous Republic of Crimea, local self-government bodies, law-enforcement bodies and courts; public officials and civil servants at state authorities, government bodies of the Autonomous Republic of Crimea and local self-government bodies with except for public officials and civil servants who are standing as candidates themselves.” (Article 60 (1.2, 1.3).