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MPs who adopted the new Law of Ukraine on Local Elections were saying that gender quota in electoral lists is one of its primary benefits.
However, according to the quick data from territorial election commissions, local party cells have often ignored law regulations on gender quotas in election lists. The first numbers are interesting not only in terms of adherence to the legislation, but also to see whether parties which were widely promoting gender quota to the public observe it themselves.
According to the Law of Ukraine on Local Elections, there should be a minimum of 30 percent of each gender in election lists of candidates for members of local councils in multi-mandate election districts.
Civil Network OPORA monitors observance of gender quota in election lists by parties registered in local elections.
Information form the regions, the list of local party cells which have registered electoral lists, information about adherence to gender quota requirements is being constantly updated.
We publish the first quick data on adherence to gender quota requirements by the following parties participating in ellections to oblast councils: Petro Poroshenko Bloc 'Solidarity', Radical Party of Oleh Liashko, Samopomich Union, AUU Batkivshchyna, Opposition Bloc, Revival party and Nash Krai party, registered in elections to oblast councils (except for Donetsk and Luhansk oblasts, where elections are not held and Odesa oblast, where observers are still specifying the data).
We would like to remind that the CEC has stated in its Explanation as of 9 September (Resolution #362) that it's prohibited refuse to register candidates for council members in a multi-mandate constituency in election of People’s Deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, as well as elections to oblast, raion, city, and raion in city councils on the grounds of non-compliance with provision of the Law on gender quotas in election lists.
However, on 30 October, Kyiv Administrative Court of Appeals took two totally opposite decisions concerning explanation of the CEC on impossibility to reject candidate registration if a local party cell fails to comply with gender quota requirements in election lists.
Decision of the Court voiding CEC's explanation is based on a standpoint that gender quota requirements are compulsory for all and must be applied to all legal relations in the election process including registration of candidates or their rejection. However, this very Court has ruled in its another decision that gender quota requirements are declarative because there are no sanctions established for local party cells not adhering to them.