Summary
Similarly to two previous elections, regular local elections are to be held whilst the Russian Federation continues its military aggression and some of Ukrainian territories are temporarily occupied. These circumstances destabilize political situation in Ukraine and, in particular, make it impossible to hold elections in accordance with European democratic standards on the certain territories of Donetsk and Luhansk oblasts. Although the CEC has already provided the list local councils in Luhansk oblasts where scheduled regular local elections cannot be held, based on the documents submitted by military and civilian administrations, the main problem is that this list is not complete. Thus, the voters from these oblasts have no guarantees from the state on realization of their constitutional voting rights in full capacity. Another problem that remains unsolved is that nearly 1.5 internally displaced persons are deprived of the right to vote in local elections. A group of non-governmental organizations and some MPs have developed and initiated a draft law aimed to provide a fast and efficient solution of this issue.
Hasty adoption of the Law on Local Elections, which introduces a new and contradictory voting system, has already led to misunderstanding and confusion not only between the voters, but also between the parties and candidates. Thus, it can probably cause significant problems and conflicts at the tabulation stage as well as during determination of voting results. Such negative consequences could be at least partially minimized through the means of a wide-scale information and awareness campaign for the voters as well as a comprehensive training of election commission members. The Central Election Commission is additionally burdened with responsibility to operatively find solutions within its jurisdiction for problems caused by imperfect electoral legislation. The CEC fulfills its duties on this stage of the election process quite professionally and effectively.
Corruption risks and election-related abuses usually intensify in local election process if compared to the nationwide elections in Ukraine. The number of administrative resource misuses can grow in the certain communities because of decreased public attention to the election process, and their influence on local election campaigns will intensify. Wide range of local political interests which are often unknown to the wide public create preconditions for voter bribery in combination with administrative resource misuse, for example when local budgets and resources are used as a material incentive to induce citizens vote for the certain candidates and parties.
According to OPORA's observers working in all Ukrainian regions, potential candidates and parties that are electoral subjects are quite active and have already started campaigning, yet before being officially registered. Such early start of election campaign, which can start only on the next day after a territorial commission registers candidate(s) according to the legislation, is an electoral technology traditionally used by Ukrainian parties.
Activities of the Central Election Commission
In August and early September, Central election Commission has passed 81 resolutions regarding various aspects of local elections organization and administration. Major responsibilities of the CEC on this stage of election process were the following: draw of lots and formation of oblast, raion, city (cities of oblast significance, Kyiv city), and raion in the city of Kyiv election commissions. Resolution of election administration issues in Donetsk and Luhansk oblasts became one of the most important duties of the CEC.
On 10 August, the CEC has approved the list of top priority steps in realization of the Law on Local Elections and adopted over 20 regulatory acts. In particular, it has approved sample submission forms for nominees to election commission membership and sample accreditation forms for electoral subjects and other electoral stakeholders participating in local elections. Besides that, the Commission has approved sample voter list forms and other electoral documents used in preparation and conduct of local elections. Thus, voter lists and voter list excerpts shall be printed both sides on A3 paper.
The Commission has also approved personal invitation sample form for local elections. Thus, personal invitations shall be printed on A3 paper by State Voter Register maintenance bodies using a sample form approved by the CEC, and transferred to the corresponding precinct election commissions at regular polling stations with an acceptance act provided.
With a separate resolution, the CEC has approved Explanation on Non-Inclusion of Individuals Sentenced to Restriction of Liberty into Voter Lists at Regular Polling Stations.
Besides that, it has established requirements for territorial and precinct election commission premises and premises of polling places, as well as the list and standards of transport, communication equipment, appliances, office equipment, other tangible assets, and works and services which can be procured by TECs using the corresponding local budget funds received from the State Budget of Ukraine in a form of targeted subvention, or the corresponding local budget funds allocated for preparation and conduct of local elections. It was also established that Requirements for precinct election commission and polling place premises, established by the CEC Resolution #5 as of 19 January 2012 shall applied to premises of precinct election commissions functioning during local elections.
The Commission has established a draw procedure for TEC formation in elections to oblast, raion, city, raion in city, village and settlement councils, as well as of village, town heads and village and settlement headmen.
Besides that, the Commission has approved the draw procedure to number local organizations of parties in ballot paper, as well as sample list forms for local organizations of parties participating in the draw of lots. The CEC has also approved a sample list of candidates nominated by a local organization of political party in a multi-mandate election district.
The Commission has approved sample form and text for posters dedicated to the voting procedure in local elections and responsibility for violation of law on local elections. Thus, it was established that posters shall be printed in color on #1 offset 80gsm A3 paper, one copy per each polling station.
The CEC has approved on its meeting the samples and description of stamps to be used by territorial and precinct election commissions, as well as sample stamp “Removed”. Samples and descriptions of signboards for territorial and precinct election commissions were also approved.
The Commission has established the amount of the monetary pledge for city mayor candidates, and the amount of the monetary pledge for electoral list of candidates for oblast, raion, city, and raion in city councils, nominated in a multi-mandate election district to participate in regular local elections. The procedure for submitting, transferring and returning a monetary pledge in local elections, jointly established by the CEC and the Ministry of Finance of Ukraine was also approved.
The CEC has approved the expenditure for the preparation and conduct of elections scheduled for 25 October 2015, including expenses on implementation of top priority steps in amount of 1,180,300,000 UAH. The Commission has established a Procedure for special informational coverage of elections to the Verkhovna Rada of the Autonomous Republic of Crimea, obalst, raion, city, raion in city, village, and settlement councils, as well as of village, town, city heads and settlement and town headmen.
On 25 August, the CEC has approved on its regular meeting the sample forms of tabulation protocols for territorial election commission. Besides that, the CEC passed a Resolution establishing sample forms of vote count protocols and acts for election commissions preparing and conducting local elections at polling stations in elections to the Verkhovna Rada of the Autonomous Republic of Crimea, obalst, raion, city, raion in city, village, and settlement councils, as well as of village, settlement, city heads and village and settlement headmen.
The Commission has also approved on its meeting the form and color of ballot papers. Thus, ballot papers shall have equal dimensions, and be published in the state language on a single sheet of the same type of paper with text on one side only, in the corresponding color and having the corresponding content.
Besides that, the Commission has approved the Explanation of a transportation procedure that shall be applied when electoral documents are carried to territorial election commissions or to the CEC if the corresponding commissions fail to determine election results.
Commission has approved by its resolution amendments to the Directions for the procedure for opening, using and closing national and foreign bank accounts, approved by the Resolution #492 passed by the Board of the National Bank of Ukraine on 12 November 2003.
On 28 August, having considered decisions passed by Volyn, Dnipropetrovsk, Zhytomyr, Ivano-Frankivsk, Kirovohrad, Odesa, Poltava, Khmelnytsk, Chernivtsi oblast councils on creation of united territorial communities in the corresponding oblasts and appointment of the first elections to village, town and city councils of these territorial communities as well as election of village, settlement and city heads on 25 October 2015, the Commission has announced that these first local elections shall begin on 5 September 2015. The elections were planned for 74 united territorial communities of the corresponding oblasts.
On 5 September 2015, the Law of Ukraine on Making Amendments to Some Laws of Ukraine on Organization and Conduct of the First Elections to Local Councils and of Village, Settlement, and City Heads. According to paragraph 2(2) of this Law, the CEC is allowed to schedule the first elections to village, settlement and city councils and of the corresponding village, settlement and city heads for 25 October 2015. Thus, the Commission has approved on 7 September the Explanation of some issues concerning scheduling of the first elections to village, settlement and city councils of these territorial communities as well as election of village, settlement and city heads.
The CEC has received appeals from Vinnytsia, Dnipropetrovsk, Donetsk, Zhytomvr, Zakarpattia, Zaporizhia, Ivano-Frankivsk, Kyiv, Luhansk, Lviv, Mykolaiv, Odesa, Poltava, Rivne, Sumy, Temopil, Kherson, Khmelnytsk, Cherkasy, and Chernihiv Oblast State Administrations (OSAs) concerning Commission's decision on scheduling of the first elections to village, settlement and city councils of united territorial communities as well as election of the corresponding village, settlement and city heads due to the creation of united territorial communities in these oblasts. Having considered these appeals, the Commission has ascertained that they were submitted within the established time frame and correspond to requirements of Ukrainian legislation (besides an appeal received from Ternopil OSA in regard to the decision on scheduling of the first elections to Khorostkivsk, Vyshnivets, Tovste settlement councils of united territorial communities and the corresponding city and settlement heads). Thus, the Commission has scheduled the first elections to village, settlement and city councils of united territorial communities as well as election of the corresponding village, settlement and city heads and announced that the election process shall start on 8 September 2015. The elections will be held in 85 united territorial communities of the corresponding oblasts. Thus, the Commission has announced on 7 September beginning of the first elections to village, settlement and city councils of 159 united territorial communities as well as election of the corresponding village, settlement and city heads. Scheduling of other first local elections can be considered by the CEC only after the regular local elections scheduled for 25 October 2015 finish.
The CEC has established the amount of monetary pledge for city mayor candidates, and for electoral list of candidates for members of a city council, nominated in a multi-mandate election district in first local elections in Volyn, Kirovohrad, Odesa, Poltava, Khmelnytsk, and Chernivtsi oblasts. Thus, the monetary pledge shall be submitted in amount from 288 to 1,481 UAH depending on the number of voters in the given settlements as of 1 August 2015.
The Commission has approved the Explanation on the procedure of ballot papers' production, their transference to the corresponding territorial and precinct election commissions, and established sample forms of electoral documents to transfer and receive ballot papers.
It has also approved the procedure registration for official observers from foreign states and international organizations on local elections.
The CEC has submitted the Financing procedure for production of voter lists and personal invitations for local elections by State Voter Register maintenance bodies.
On 1 September, the CEC has passed a resolution on sample financial reports on receipts to and expenditures from campaign funds of local political party organizations, which have registered candidates for council members in multi-mandate election district, candidates for council members in single-mandate electoral district, candidates for village, town, or city heads, and village and settlement headmen, which also concern the procedure of their drafting and analysis.
The CEC has also approved the procedure of production, transference, storage and use of territorial and precinct election commission seals. Besides that, it was established for regular elections to local councils and of village, settlement, and city heads scheduled for 25 October 2015, that city (cities of oblast significance, republican significance in the Autonomous Republic of Crimea, cities without district division), raion in city election commissions which form precinct election commissions not later than twenty days before the voting day (until 4 October 2015 inclusive) shall secure production of seals for the corresponding precinct election commission using samples approved by Resolution of the CEC #168 as of 10 August 2015. These seals shall be delivered to the commissions not later than on the second day after the decision on creation of precinct election commissions is passed. The Explanation on the procedure of production, transference, storage and use of the stamp "Removed" was also approved.
Based on data from the State Register of Voters, the Commission has established on 3 September the number of single-member territorial election districts that were to be formed for organization of elections by oblast, raion, city, raion in city (where raion in city councils are formed), village, and settlement election commissions. On 6 September, the CEC has formed 640 oblast, raion (besides raions in the Autonomous Republic of Crimea), city (cities of oblast significance and Kyiv city), and Kyiv city district election commissions.
On 9 September, the CEC has approved the distribution of state budget subvention in amount of 1 bn 33 mln 764.2 thousand UAH between local budgets, allocated for organization and conduct of elections to local councils, and of village, settlement and city heads on 25 October 2015. The distribution of state budget subvention in amount of 2 mln 329 thousand 200 UAH between local budgets for the production of personal invitations and voter lists by the State Voter Register maintenance bodies was also approved. Besides that, the procedure of providing the Central Election Commission with information regarding preparation and conduct of elections was approved.
Activities of the CEC regulating the preparation and conduct of elections in Donetsk and Lugansk oblasts.
On 10 August, the CEC applied to the Verkhovna Rada of Ukraine concerning a pressing need to receive the list of territorial administrative units where regular elections to oblast, some raion, raion in cities, settlement, village councils, councils of united territorial communities in Donetsk and Luhansk oblasts and village, settlement, city heads, scheduled for 25 October 2015, shall not be held in accordance to the Law of Ukraine on Local Elections. Such decision was taken on the basis of paragraph 4 of final and transitional provisions of the Law of Ukraine on Local Elections, saying that regular local elections to the Verkhovna Rada of Autonomous Republic of Crimea, Sevastopol City Council, raion, raion in city, city, settlement, village councils and city, settlement, village heads on the territory of the AR of Crimea, to oblast, some raion, raion in cities, settlement, village councils, councils of united territorial communities in Donetsk and Luhansk oblasts and village, settlement, city heads, scheduled for 25 October 2015, shall not be held due to the temporary occupation and military aggression of the Russian Federation against Ukraine, and impossibility to secure adherence to electoral standards of the Organization for Security and Cooperation in Europe. The list of administrative territorial units which shall not participate in local election process scheduled for 25 October 2015 is determined by Ukrainian Parliament's resolution on the scheduling of local elections. However, Resolution of the Verkhovna Rada of Ukraine on the Scheduling of Regular Elections to Local Councils and of Village, Settlement, City Heads in 2015 as of 17 July 2015, which was passed before the Law entered into operation, didn't provide such list.
In order to ensure and protect voting rights of Ukrainian citizens and adhere to election process principles during 2015 local elections on the certain territories of Donetsk and Luhansk oblast, the Commission has approved on 11 August the Explanation on determination of some raion, raion in cities, settlement, village councils of Donetsk and Luhansk oblasts, where regular elections of village, settlement and city heads as well as the first elections to village, settlement and city councils of united territorial communities, scheduled for 25 October 2015, shall not be held.
On 29 August the CEC has announced 91 local councils in Donetsk oblast and 31 local councils in Luhansk oblasts where regular local elections scheduled for 25 October 2015 cannot be held. This decision was based on documents submitted by military and civilian administrations of Donetsk and Lugansk oblasts. The CEC took this decision based on documents submitted by Donetsk and Luhansk oblast military and civilian administrations with lists of raion, city, raion in city, settlement, village councils in these oblasts, which either located on the demarcation line, or very close to it. The corresponding military and civilian administration cannot secure the safe conduct of regular local elections on 25 October 2015 on this territory.
Establishing territorial election commissions
On 6 September, the CEC has finished formation of oblast, raion (besides raions in the Autonomous Republic of Crimea), city (cities of oblast significance and Kyiv city), and Kyiv city district election commissions, responsible for preparation and conduct of local elections. Thus, 640 election commissions responsible for preparation and conduct of local elections on 25 October 2015 were formed in accordance with the legislative procedures and within the established timeframe. However, TECs on the Autonomous Republic of Crimea and on the certain territories of Donetsk and Luhansk oblasts were not formed.
Thus, TEC membership for local elections shall comprise the head, deputy head, secretary and other commission members – above nine and under eighteen persons in total.
According to the Law on Local Elections, two categories of electoral subjects are entitled to submit candidates for members of territorial election commissions:
- local organization of a political party which have announced formation of a parliamentary faction on the first regular session of the current Verkhovna Rada of Ukraine;
- local organization of a political party, registered in accordance with the Law in the corresponding administrative-territorial unit.
- Outdoor and media advertising, promoting benefits and promises of potential electoral subjects and candidates.
- Social and charitable events, discounted goods or free services.
- Activities of charitable funds that are directly or indirectly related to potential candidates for regular local elections, reproducing electoral mechanisms used in 2010 local elections and 2012 parliamentary elections.
There are 6 parliamentary factions registered in the Verkhovna Rada of 8th convocation: Petro Poroshenko Bloc 'Solidarity', All-Ukrainian Union Batkivshchyna, People's Front, Samopomich Union, and Radical Party of Oleh Liashko.
Thus, according to the Law, parliamentary factions can nominate not more than two candidates to each territorial election commission membership. Besides that, candidates from these parliamentary factions are mandatory included in TEC memberships (without the draw of lots), providing that law requirements are met.
Local organizations of political parties (including of parliamentary factions) can nominate only one candidate to each TEC. TEC members are selected from these candidates participating in the draw of lots in accordance to the corresponding procedure established by CEC Resolution #163 as of 10 August 2015. Thus, parliamentary factions can receive one additional representative in TEC membership selected by the draw (3 persons per TEC at most).
A list of nominees for every TEC was compiled in an alphabetical order (with a sequence number for every person). To select future TEC members, lots with sequence numbers of nominees were drawn from a barrel. The number of lots was equal to the number of candidates nominated for members of DECs. Thus, the draw determined a priority of nominees to be included in TEC membership.
According to the results of the draw of lots and after consideration of documents submitted by 6 parliamentary factions, the following parties have received the largest number of representatives in territorial election commissions: Petro Poroshenko Bloc 'Solidarity' (1730 persons), Batkivshchyna All-Ukrainian Union (1688 persons), Opposition Bloc (1362 persons), Radical Party of Oleh Liashko (1315 persons) and People's Front (1199 persons).
The law does not provide any requirements stating that every type of managerial positions in territorial election commissions shall be distributed proportionally. However, there is a requirement that a head, deputy head and secretary of a territorial election commission shall represent different nominating entities. Thus, if territorial election commission membership contains two or three persons representing a single local organization of a party, these persons cannot simultaneously hold managerial positions in this territorial election commission.
The largest number of managerial positions in territorial election commissions have received: Petro Poroshenko Bloc 'Solidarity' (335 persons), Batkivshchyna All-Ukrainian Union (285 persons), People's Front (246 persons), Opposition Bloc (227 persons), and Radical Party of Oleh Liashko (197 persons).
“The ratio of managerial positions that parties received and the total number of their representatives in TECs is 23% in average (calculated for 20 parties having the largest representation in TECs). UDAR party has received the largest number of managerial positions in proportion to the total number of representatives in TECs – 34%. Vidrodzhennia party and Nash Krai party have 32% and 31% respectively.
Portrait of TEC members
According to the qualitative research of territorial election commissions formed by the CEC, the number of women in election commissions exceeds the number of men: 74.5% and 25.5% respectively. However, on the last local elections these percentages were 68% and 32%. The ratio gap between men and women is the highest in Kherson oblast (82% and 18%) and Kirovohrad oblast (80% and 20%), and the lowest in Kyiv city (55% and 45%) and Zakarpattia oblast (58% and 42%). Besides that, the percentage of women holding managerial positions also prevails: 71% of commission heads are women, as well as 69% of deputy heads and 87% of secretaries.
The average age of TEC members is 47 years. As for the average age of TEC members per oblasts, Kyiv has the highest (41 years) and Kherson oblast has the lowest (51). Average age of TEC members per parties: Narodnyi Kontrol (People's Oversight) Civic Movement has the lowest (40 years) and the Nova Derzhava party has the highest (58 years).
Empowering District election commission
According to the Law on Local Elections, TECs are supposed to hold their first meeting not later than on the second day after the commission membership is formed. Thus, the deadline for holding the first TEC meeting was on 8 September. Most of the TECs have managed to hold their first meetings in time. There were more than a half of membership on meetings and commission members took an oath in almost every instance.
Attendance of TEC members was a quite noticeable, but not critical issue on this stage. At least 10% of TEC members failed to attend first meetings of their territorial election commissions in Ukraine. Nonetheless, we didn't notice any tendency for ignoring first TEC meetings by representatives of the certain political parties. However, representatives of the Radical Party of Oleh Liashko, Opposition Bloc, and AUU Batkivshchyna were in majority among those missing the first meetings. The most widespread reason for absence of commission members representing local organizations of these parties was the refusal to work in election commissions.
First meetings of TECs were quite short and of a constitutive character. Some TECs, in addition to taking oaths and approval of paid members, have included into agenda approval of the quantity of technical staff and which informational agencies are going to provide coverage of commission activities.
First meetings were properly organized and conducted in accordance with the Law in most of territorial election commissions. However, there were some conflicts between commission members when some of them refused to take managerial positions or, on the contrary, willing to administer activities of an election commission. Observers haven't noticed any interference in first meeting of territorial election commissions or obstructions for holding them.
Activeness of potential candidate and parties that are electoral subjects
According to the Law of Ukraine on Local Elections, nomination candidates for members of councils, village settlement, or city heads starts in thirty four days before the day of voting (from 21 September 2015), and deadline for submission of registration documents shall be in twenty four days before the voting day (to 30 September inclusive). At the same time, local organizations of parties can nominate their candidates only after political parties submit to the Central Election Commission copied decision of party's central administrative body concerning participation of its local organizations in the corresponding election, together with copies of its registration certificate and statute (before 19 September 2015).
According to OPORA's observers working in all Ukrainian regions, potential candidates and parties that are electoral subjects are quite active and have already started campaigning, yet before being officially registered. Such activities were noticed long before the electoral process started (on 5 September 2015) and continued after the official launch.
Such early start of election campaign, which can start only on the next day after a territorial commission registers candidate(s) according to the legislation, is an electoral technology traditionally used by Ukrainian parties.
Despite the legislation prohibits early campaigning, the definition of "election campaigning" itself liberates those who engage voters before the official registration of candidates from responsibility.
According to the Article 54 (1) of the Law of Ukraine on Local Elections, election campaigning shall mean any activities, aimed to urge the voters to vote or not to vote in favor of the certain candidate. Thus, informational and promotion activities of potential election participants is not campaigning before the candidates are officially registered, according to the Law. At the same time, such early campaigning by potential candidates can be reasonably interpreted as manipulation of law to receive non-competitive benefits (if compared to candidates who start campaigning within legal timeframes) and avoid responsibility for unfair campaign practices.
When potential candidates conduct activities that are similar to campaigning efforts by their form and content, they receive non-competitive benefits in the future, as long as expenses on such de-facto campaigning are not limited by the legislation, in contrast to campaigning conducted by registered electoral subjects.
The problem of early campaigning is especially acute when it comes to resonant social and charitable events conducted by potential candidate, which would be interpreted as voter bribery if the candidates were officially registered. In contrast to outdoor and media advertising, such unfair technologies based on providing material incentives for voters can, in fact, distort the voting results. Today, wide-scale public activities of charitable funds and initiatives are very popular among potential candidates in Ukraine, and they usually stop their public activities after official registration of the corresponding candidates.
At the same time, according to the Article 60 (4) of the Law of Ukraine on Law on Local, it is forbidden to conduct election campaigning, which includes giving voters money or goods, for free or on preferential terms, securities, credits, lotteries, goods (besides goods with a name, symbol, flag of a political party, which local organization is electoral subject, or other campaign materials, if their price is less than five percent of the minimum wage) and other material values, works or services. Besides that, according to the Article 160 (3) of the Criminal Code of Ukraine, giving enterprises, establishments, and organizations an illegal incentive or free goods (except for items bearing name, logo, or flag of a party, provided that the value of such items does not exceed the allowed amount established by the Law), works and services as a part of campaigning efforts shall be punished with restriction of liberty for two to four years, or deprivation of liberty for the same period with no right to hold the certain positions or to be involved into the certain activities for one to three years.
According to OPORA's estimations, the following campaign practices are widely used by potential candidate before their official registration, as of 9/10/2015 (before the official nomination of candidates started):
OPORA's observers have noticed outdoor and media advertising promoting activities and advantages of political parties and potential candidates almost in every region. As it is already known, outdoor and media advertising are the most expensive forms of campaigning. However, when potential candidates place such advertising before their official registration, such expenses are not included neither into interim, nor in final financial statements of candidates' electoral fund managers and local organizations of parties that are electoral subjects. Another form of early campaigning is placement of advertising inside of public transport (for example, the corresponding ads were noticed in public transport of the city of Rive[1]). According to the Article 60(9) of Law of Ukraine on Local Elections, it is forbidden to place political advertising outside and inside of public transport, including taxi; inside and outside of subways, bus and railway stations, ports and airports.
Potential candidates have stirred up their "charitable" activities in relation to the beginning of a new academic year and high level of public focus on children and youth issues.
For example, potential candidate Volodymyr Kovalchuk in the city of Zdolbuniv (Rivne obl.)awarded presents to participants of all-Ukrainian youth sports tournament on 5 September, however, only participants from the city where Kovalchuk is going to be nominated were awarded[2].
Various political parties and potential candidates were organizing events dedicated to the Knowledge Day in almost every region of Ukraine. At the same time, in Odesa oblast, activities of potential candidates which would be classified as voter bribery if candidates were registered were the most often initiated by representatives of the Opposition Bloc (repairing and equipping a classroom in School #4 in Bilhorod-Dnistrovskyi, giving presents to low-income families in Berezivka raion, providing 5 thousand UAH insurance for first grade pupils etc.)[3].
At the same time, in Khmelnytsk oblast, public activities related to the Knowledge Day political party For Real Deeds, headed by the MP of Ukraine Oleksandr Hereha, elected in this region[4] (a number of schools received 48 computers as a gift). Besides that, on 8 September 2015 in Darnyiskyi district of Kyiv, the Movement for Reforms NGO, which leader is a potential candidate for Kyiv mayor Serhii Dumchev, organized a prize lottery for children. However, parents of minors had to provide contact information for representatives of this non-governmental organization. We have to mention that there are active NGOs in different regions of Ukraine having identical names and symbols with political parties.
Potential candidates holding positions in local self-government bodies or being members of local councils, quite often use resources of local budget, industrial enterprises, or business to conduct social events aimed to draw attention of the voters.
Observers have reported that some potential candidates opened so-called social shops, where people can buy discounted produce and living essentials. For example, potential candidate for local elections Viacheslav Osadchyi has opened such shop in the city of Zolotonosha (Cherkasy obl.)[5]. Such “social shops”, opened on the eve and during the election process were especially widespread in 2012 regular parliamentary elections and, not surprisingly, were condemned by domestic observers.
Potential candidates for local elections often provide the voters opportunities to get free services. For example, leaflets depicting a potential candidate Dmytro Banas were districuted in Shevchenkivskyi district of Kyiv. The leaflets invited children to get a free haircut before the Knowledge Day[6]. At the same time, potential candidates to Kherson City Council Volodymyr Shakhov, Ihor Tokariev, and a potential candidate to Kherson Oblast Council Maksym Nehuliaiev (potential candidates from the Samopomich Union) were providing free legal consultations under the project “Mobile legal adviser”[7].
For example, potential candidate for Lutsk city mayor Oleksandr Tovsteniuk started early campaign efforts by the means of the New Lutsk Charitable Fund,established byMP of Ukraine of VI and VII convocations Ihor Palytsia.
It should be mentioned that problems related to voter bribery have reached official level in some cases. For example, Head of Zakarpattia OSA Hennadii Moskal appealed to oblast departments of the Ministry of Internal Affairs (MIA), SBU and oblast prosecutor's office demanding to prevent bulk vote buying in the upcoming local elections. According to Mr. Moskal, Zakarpattia Oblast State Administration (OSA) receives numerous appeals from citizens claiming that votes are being bought in the oblast during electoral campaigns. Head of Oblast State Administration affirms in his appeal, published on the official website of local executive body, that many voters receive money in return for their promise to vote for candidates from the United Centre party. According to the information, promulgated by the public official, he has sent law-enforcement bodies a list of individuals living in Vynohradivskyi raion (32 persons) who, according to the authors of appeals to oblast state administration, bribe the voters and break the Criminal Code of Ukraine (Article 160).
Taking into consideration the appeal filed by the Head of Zakarpattia Oblast State Administration, OPORA demands that law-enforcement bodies investigate the given facts in detail and inform the public and the media about investigation findings.
Early campaigning efforts have caused in some cases breaking the laws on local elections and law on political parties by state authorities and local self-government bodies. For example, printed materials covering activities of Petro Poroshenko Bloc 'Solidarity' with the corresponding symbols were disseminated in Rubizhne City Council (Luhansk obl.), Izium Raion State Administration, Izium City Council, as well as in the town of Nova Vodolaha (Kharkiv obl.)
Such facts can be characterized as violation of the Article 4 of the Law of Ukraine On Political Parties (state officials, local government bodies, and their officials are forbidden to show their personal preferences concerning the certain political parties or provide benefits to political parties and promote them when executing their duties, except as otherwise provided by law). Besides that, according to the Article 60 (9) of the Law of Ukraine on Law on Local Elections, placing printed campaigning materials and political advertisements and information about the course of election process on the buildings and in the premises of state executive bodies, state authorities of the Autonomous Republic of Crimea, local self-government bodies, state-owned and municipal enterprises, institutions and organizations shall be prohibited.
Some parties, local organizations of which are potential electoral subjects, present their representatives on local levels, who, apparently, are going to be nominated for the corresponding local elections (political party Narodnyi Kontrol (People's Oversight) Civic Movement).
Conclusion
Corruption risks and election-related abuses usually intensify in local election process if compared to the nationwide elections in Ukraine. Such intensification is caused by a simultaneous conduct of numerous local election campaigns and participation of political parties having different local political interests.
Taking into consideration poor efficiency of law-enforcement bodies in regard to prevention of the election law violations and voting rights violations (according to the results of OPORA's monitoring conducted in association with the International Foundation for Electoral Systems, only 5% of criminal proceedings, opened in 2014 early parliamentary elections, transferred to the court), potential candidates get motivation to use unfair campaigning methods . Key risk for the regular local elections in Ukraine is possibility use of voter bribery mechanisms, which have higher efficiency in smaller territorial communities than in nationwide election district.
Misuse of administrative resources and their influence on local election campaigns in the certain communities can possibly worsen as a result of decreased public attention to the election process. Wide range of local political interests, which are often unknown to the wide public, create preconditions for voter bribery in combination with misuse of administrative resources in a form of local budgets and resources used as material incentive to induce the citizens to give their votes for the certain candidates. The latter fact is especially topical for candidates who continue holding offices at local self-government bodies on the beginning of the election process. There is a risk that officials of the central authorities will participate in local election campaigns, what is against the principle of politically impartial state apparatus in the electoral campaign.
The scale of misuses will also depend on the quality of informational and awareness campaign regarding new regulations of the Law of Ukraine on Local Elections. As long as the Law was adopted shortly before the election process, it's harder to provide election commission members, representatives of law-enforcement bodies, candidates and local organizations of parties with high-quality training.
Taking into consideration possible risks of the election process, OPORA calls on Ukrainian law enforcement bodies to demonstrate the best possible openness, promptness and efficiency when responding to electoral violations. Besides that, it's necessary to set up a permanent information exchange mechanism between law enforcement agencies and independent nonpartisan organizations and voters observing the electoral process.