issue 1. march, 2014/civic.ua
DESCRIPTION
On May 25 new presidential elections in Ukraine will be held, according to the Verkhovna Rada resolution "On the withdrawal of the President of Ukraine from the implementation of constitutional powers and calling early presidential elections in Ukraine" Along with the start of the election campaign, civil society, including non-governmental initiatives of Euromaidan launch a massive campaign on monitoring of the presidential elections. Civic Space prepared the 1-st issue of English speaking specialized digests 'Ukraine-Elections 2014'.TRANSCRIPT
Ukrainian presidential election’ 2014
Issue 1. March, 2014/Civic.UA
Electoral moods in
Ukraine: March 2013
The Ukrainian public organization
"Committee of Voters of Ukraine"
presents the results of sociological
research. The target audience of the
research: the population of Ukraine
aged from 18 and older (excluding the
population of Crimea). The period of
completion: 14 – 19 of March 2014.
Regarding electoral preferences on the
presidential elections, the electoral
orientation of Ukrainians divided as
follows. If the presidential elections
were held in Ukraine next Sunday the
winner would become P. Poroshenko
who would support 24,9 % of
respondents. The second position holds V. Klitschko – 8,9%, and the third has Y. Tymoshenko – 8,2%. S.
Tigipko supports 7,3% of the voters and the candidacy of Kharkiv former governor M. Dobkin – 4,2%. About
20% of voters say they don’t know who to vote and even come to the polls. 9,7% would vote "against all"
candidates.
If to recount political ratings of candidates among those who intends to come to the polls and decided on the
choice the top five presidential race would look as follows. The leading position is taken by P. Poroshenko –
36,2%, the second place is taken by V. Klitschko who would receive 12,9% of votes, on the third place there
is Y. Tymoshenko - 12,0%. S. Tigipko and M. Dobkin in that case would receive accordingly 10,0% and
5,3%. More information
CEC registered only 7 Candidates for
President of Ukraine
46 people announced the intention to run for the presidency
in Ukraine. 7 of them are registered as candidates for the
presidency of Ukraine. 12 were denied in registration. The
decision on the other 27 candidates will be made by April 4,
according to Department of interacting with media CEC
Secretariat.
On March 27, the regular meeting of the Central Election
Commission headed by Committee Chair Michaylo
Okhendovskyi, was held. CEC registered Y.Boyko as a
candidate for President of Ukraine. This is only the 7
candidate who officially registered as of March 31 - Yuri
Boyko, Mikhail Dobkin, Renat Kuzmin, Vadim Rabinovich,
Sergei Tigipko, Valery Konovaliuk, Volodymyr Saranov. It
also registered 100 international observers and appointed
midterm deputy elections of Ismail city council. Deadline of
the Central Election Commission for registration of
presidential candidates - April 4.
The Commission refused to register L. Rozhnova and
Maksymenko L.V. as candidates for President of Ukraine
because they established procedure of nomination, and their
documents do not meet the requirements of Articles 48 and 51 of the Law of
Ukraine "On the Election of the President of Ukraine ."
Having considered the appropriate appeal and submitted documents, the
Commission registered 100 official observers from the OSCE Office for
Democratic Institutions and Human Rights of the Organization for Security and
Cooperation in Europe for early presidential elections in Ukraine on May 25,
2014. Thus, the total number of registered official observers is 118.
Klitschko to run for Kyiv mayor, to support Poroshenko for president
UDAR’s leader Vitali Klitschko says Ukraine democrats should nominate a single candidate for president, and
the best man for the highest office is Petro Poroshenko, Klitschko also said he will run for Kyiv mayor.
10 NGO was officially allowed to observe the presidential elections in Ukraine. Also, having
considered the petition of five NGOs, the Commission accorded a permission to include official observers
during the early presidential elections in Ukraine on May 25, 2014 (at the CEC meeting March, 27 ):
Ukrainian NGO " Committee of Voters of UKRAINE " - on the territory of Ukraine , NGO "UDAR" (Ukrainian
Democratic Alliance for Reform) of Vitali Klitschko" - in the 24 regions of Ukraine and NGO "CONCEPT
GROUP 'and ' For Democracy ' - in the city of Kyiv. More information
1. Public Network «OPORA» Ukraine
2 Institute for Private and Public Law " Ukraine
3.Committee of Voters of UKRAINE
4. BUKOVINIAN Centre Ukraine
5 NGO «Za narodovladdya», Kyiv
6 NGO "For a new society" Lviv region
7 NGO "Institute for Media Law" Ukraine
8 NGO "CONCEPT GROUP", Kyiv
9 NGO «Udar»
10 Chernivtsi Oblast NGO "Center Bukovina election technology"
Statement of civic organizations
regarding urgent steps and
strategic objectives for
improvement of election
processes in Ukraine Special elections of the President of Ukraine and local
elections in some cities are scheduled for May 25. Taking
into consideration the short period of the campaign, difficult
political and economic situation, and imperfect legislation,
inherited from the previous government, current
government and the society should maximally consolidate
and mobilize their efforts to overcome such problems and
conduct the elections properly. In such context, all the talks
about postponement of special elections of the President are counterproductive, and don't correspond to
social moods and the necessity to legitimize and reload the government.
Ukraine has received a historic chance for making fast and efficient reforms in all branches of the state
policy. Electoral reform, which is being discussed for more than 10 years, is not an exception.
Core civic organizations, experienced, knowledgeable, and competent, are ready to join this process.
The role of elections and political context
2014 special elections of the President of Ukraine
will positively influence the settlement of political
crisis, if conducted according to amended laws and
international standards. However, a number of
factors may hazard the campaign. In particular,
the presence of RF troops on Ukrainian territory,
attempts to delegitimize the election process by
political sabotages and provocations.
Abovementioned threats may be prevented by
signing a political agreement on free competition
and obedience to the law between subjects of the
election process, securing campaign transparency
at all stages of its organization, due and qualitative
activities of law-enforcement and judicial systems,
and comprehensive civic watch.
Simultaneously, local and mayoral elections, which
will take place in 26 communities including Kyiv on
May 25, may be organized according to the law,
adopted in 2010 and highly criticized by Ukrainian
experts and international specialists.
Besides that, quality of local campaigns may be
affected by low attention of the public and media
due to the national campaign. Another important
fact is that special elections to the Verkhovna Rada
of Ukraine may be scheduled for spring, according
to promises given by the new government to
citizens and participants of protests occurring in
late 2013-early 2014. Therefore, the circle of
government reformatting through legal
mechanisms will be finished.
Taking into consideration the "window of
opportunities" for a comprehensive electoral
reform, civic organizations have determined topical
strategic goals for proper realization of democratic
practices in Ukraine.
Short-term objectives:
Urgent adoption of Draft amendments to the Law
on Elections of the President of Ukraine, which
includes recommendations of Ukrainian expert
organizations, in the second reading and as a
whole;
Legislative regulation and conditions for realization
of active voting right of Ukrainian citizens, which
live on territories, occupied by RF troops;
Amendment of the Law of Ukraine on the Central
Election Commission of Ukraine, and securing its
legitimacy till the end of presidential election
campaign. We remind that 13 of 15 members of
the CEC will have to leave their posts because their
7-year term of office comes to an end on 1 June
2014;
Making technical and procedural amendments to
the Law of Ukraine on the Elections of Deputies to
the Verkhovna Rada of Autonomous Republic of
Crimea, Deputies of Local Councils, Village, Town
and City Heads, and introduction of absolute
majority system for elections of city mayors (two
rounds of voting);
Besides abovementioned issues, proper measures
should be taken by law-enforcement agencies to
investigate electoral violations committed during
previous campaigns, particularly officials abusing
powers (administrative resource) during election
process, monetary bribery, falsification of electoral
documentation by commission members.
Unfortunately, having sabotaged loud cases on
previous campaigns, law-enforcement bodies
caused violation of democratic standards and
created preconditions for impunity and systematic
violations, what had influenced election results.
Mid-term objectives:
To appoint and conduct special elections to the
Verkhovna Rada of Ukraine till the end of 2014.
Such step will allow to renew the legislative
branch, decrease political corruption and raise the
quality of acting MPs, some of which have stopped
fulfilling their duties, entrusted by the law and
electorate;
To conduct a large-scale qualitative discussion
among election law experts, MPs, and journalists
regarding introduction of proportional electoral
system with open regional lists. Updated system
should take into consideration the political context,
assist to combating corruption during election
process, give reasons for inter party democracy,
and secure representativeness of legislative branch
of the government. To adopt the Law of Ukraine on
Elections of People Deputies of Ukraine in a new
wording, with perspectives for codification of the
election legislation;
To organize wide discussion on the change of
electoral system for the conduction of local
elections before regular in 2015, with mandatory
attraction of all the stakeholders. To adopt new
wording of the Law of Ukraine on the Elections of
Deputies to the Verkhovna Rada of Autonomous
Republic of Crimea, Deputies of Local Councils,
Village, Town and City Heads, based on the new
electoral system and with perspective for
codification;
To reconsider the formation of the Central Election
Commission and deprive the President of Ukraine
of an excessive control of and influence on this
process; to select a new commission membership
according to the transparent procedure after 2014
Presidential elections. To determine a precise
system and sequence of providing political quotas
in membership of the CEC in draft amendments to
the Law on Central Election Commission;
To prepare and adopt the Law of Ukraine on
National Referendum in a new wording, and
prepare a draft Law of Ukraine on Local
Referendum. These legislative acts should
correspond to democratic practices and standards
for organization of a referendum as a direct
democracy instrument.
Long-term objectives:
With participation of stakeholders, experts, and the
public, new convocation of the Parliament should
conduct a comprehensive reform of electoral
legislation and adopt the Election Code not later
that the end of the 2nd session of its activities.
Realization of active electoral rights of
citizens on occupied territories
As long as the Autonomous Republic of Crimea and
the city of Sevastopol are occupied by foreign
troops, the Law of Ukraine on Elections of the
President of Ukraine needs to be supplemented by
regulations, securing electoral rights of citizens
living on occupied territories.
Amendments to the Law on Elections of the
President of Ukraine, which were already proposed
by MPs of Ukraine, provide the possibility of
considering the election process to be completed
even if it's impossible to determine results in some
polling stations or districts. Such amendments
solve the issue of legitimacy, even if polling
stations were not opened on the certain territory of
Ukraine. Still, they don't secure voting rights of
citizens who live on this territory.
It's obvious today that it will be difficult to conduct
proper election process in Crimea and Sevastopol,
sabotaged by local government representatives
and foreign troops present. However, Ukraine
should secure observance of electoral right of
citizens, willing to use this right.
As long as this issue is complicated from both
legislative and organizational side, civic
organizations are calling to urgent conduction of
expert discussion, study the experience of other
countries which organized election process while
their territories were occupied (Georgia, Moldova),
assess possible hazards and risks, and determine
the amount of necessary additional resources.
Amendments to the Law on Elections of the
President of Ukraine need to be developed and
adopted during a short period. As long as the issue
of occupied territories is temporary, organization of
elections there should be secured by transient
regulations of the Law on Elections of the President
of Ukraine. Read more
Presidential elections with amended law and transparent CEC
The election process remains the most efficient and legitimate way for solving crisis. The confrontation
between local political elites, electoral and social groups should be stopped. However, only fair elections can
be a solution, with procedures and results trusted by all citizens.
Today, the major goal is making technical amendments to the Law of Ukraine on Election of the President of
Ukraine and securing efficient work of the CEC. Qualitative law and transparent activities of commissions at
all levels, proper and wide civic watch, political will of government bodies regarding exclusion of the
administrative resource abuses, and efficiently functioning law-enforcement system called to prevent voter
bribery, are major challenges of the election campaign.
Besides rewarding the law, it's also important that the public together with MPs and the VRU Committee on
State Building and Local Self-Government created a comprehensive plan to reform the electoral legislation. It
should include the adoption of the Election Code, wide discussion and agreement on the type of electoral
system to be used during Parliamentary and local elections, as well as improved procedure of formation and
transparent functioning of the CEC. Read more
Civil Network OPORA, Committee of Voters of Ukraine, Media Law Institute, and a
number of other NGOs will control and assist to a valuable reform of the electoral
legislation. Unfortunately, we have witnessed a number of imitations when the
laws were adopted on motives of political expediency. Today, it's extremely
important to conduct Presidential elections democratically, to elaborate the
electoral system for potential conduction of extraordinary Parliamentary
elections, prepare new wording of the law on local elections, and start creating the
Electoral Code. It's greatly important that the legislative framework efficiently
realize active and passive electoral rights in Ukraine. The Election Code should be
adopted till the end of this year.
OSCE/ODIHR opens election
observation mission for
early presidential election in
Ukraine
KYIV, 20 March 2014 – The OSCE Office for
Democratic Institutions and Human Rights
(ODIHR) today formally opened an election
observation mission for the 25 May 2014 early
presidential election in Ukraine. The mission’s
deployment follows an invitation from the
Ukrainian Ministry of Foreign Affairs.
The mission is led by Tana de Zulueta and consists
of 18 experts based in Kyiv and 100 long-term
observers to be deployed across the country. In
addition, ODIHR will request 900 short-term
observers to monitor election day proceedings.
The mission will assess the entire election process
for compliance with OSCE commitments and other
international standards for democratic elections, as
well as with national legislation. Observers will
monitor the legislative framework and its
implementation, the work of the election
administration and relevant government bodies,
campaign activities, media coverage and the
resolution of election disputes.
In the course of observation, the mission will meet
with representatives of relevant authorities and of
political parties, as well as with candidates, and
with representatives of the judiciary, civil society,
the media and the international community.
On election day, observers will monitor the
opening of polling stations, voting, the counting of
ballots and the tabulation of results at all levels.
For election day, the OSCE/ODIHR election
observation mission will join efforts with
delegations from the OSCE Parliamentary
Assembly and other parliamentary institutions.
An Attack on Presidential Elections
Since the very beginning, elections of the President
of Ukraine appointed on 25 May, 2014 have been
surrounded by intrigues and mystery instead of
being free from falsifications, bribery and pressure.
The campaign has already started. The nomination
of candidates is to end on 30 March and the
registration of candidates is to expire on 4 April.
Meanwhile, there is no craze about presidential
elections. A congress of the Party of Regions has
been postponed from 15 to 22 March and the date
of a UDAR’s congress has not been fixed. The
Freedom Party keeps silence. As reported by the
media, the main nominee from the Fatherland
Party, Yulia Tymoshenko, is taking heart in the
German Charite. Only Petro Poroshenko is hurrying
around the southern regions attempting to
mobilize some PR voters somewhat demoralized by
failures of the former party in power.
This non-typical apathy is explained by the
reluctance of the players to actively launch the
campaign under the circumstances of some
unsettled organizational aspects of presidential
elections and constitutional uncertainty of the
political role of the President. However, even now
there is no certainty that elections will be held on
the fixed date.
Many people are interested in such a course of
events.
1. A legal framework for presidential
elections
Only on 13 March, after the start of the election
campaign, a number of amendments have been
made to the law “On Elections of the President of
Ukraine” and other laws as regards their provisions
on elections. This has explained what procedures
and how could affect positions and tactics of
political groups in the electoral process. A more
detailed analysis of changes will be possible after
the publication of the law but it is clear that they
are designed to promote competitive elections,
which would be completely impossible under
Yanukovych’s presidency
The constitutional ban on nomination of persons
with criminal records has been removed. The
notion of ‘place of residence’ has been specified: a
person is considered residing in Ukraine, if his/her
place of residence is registered according to the
main law. An opportunity to vote in the voters’
voting place without changing the voting address
has been renewed. Requirements for the secret
vote have been strengthened; it has been
prohibited to take video- and photo-records of
filled-out ballots. An opportunity to cast ‘against
all’ vote has been removed. NGOs have got the
status of official observers just like in case of
parliamentary elections. A draft resolution on the
unimpeded activity of the media in the electoral
process has also been approved as a basis.
At the same time, Crimea’s annexation has raised
the question about the vote of Ukrainian citizens
remaining on the occupied territories or territories
with uncertain (unidentified) status, where local
authorities do not favor or even impede the
holding of fair and free elections. Proposals are
being actively developed by NGOS, in particular
the OPORA, Committee of Voters of Ukraine and
International Foundation for Electoral Systems. A
solution to this problem will much depend on
Crimea’s status. Ukraine has announced the
belonging of Crimea to the Ukrainian state,
whereas Russia is preparing to annex it.
However, there is yet another problem which,
among other things, could hamper presidential
elections.
2. A threat of an open military attack by
Russia
An attempt to annex Crimea could be attended
with the “protection of compatriots and fellow
citizens” on the “mainland” as has been stated by
the Russian Foreign Ministry on 14 March.
Although Foreign Minister of the RF Sergey Lavrov
has denied the plan of “invasion of south-eastern
Ukraine”, the bringing of troops without further
questions (and without quorum) was early
sanctioned by the Upper Chamber of the Russian
Federal Assembly on 1 March. Vladimir Putin has
taken such a step, although in case of emergency.
There is a possibility that a response to the
“protection of compatriots” will require the
introduction of the state of emergency in Ukraine.
What is the state of emergency? Among other
things, it means a ban on elections to any
authority, a ban on changes to the Constitution
and electoral laws. This will give an opportunity to
influence the postponement of the date of voting
at presidential elections up to two months and to
continue setting the tone for their course. Though
in practice, this period could be longer.
It is necessary to clearly understand that the
holding of elections is not simply prohibited but
prohibited because of the impossibility to organize
and wage a full-fledged campaign under the
restrictions on the freedom of speech, movement,
meeting and assembly, which are preconditions for
free elections.
Hence, the problem should not be narrowed to the
casuistic statement of the question as “it is
impossible to hold elections” or “it is impossible to
hold voting”.
3. Constitutional grounds
A bill on amendments to the Constitution of
Ukraine is being drafted for 15 April. It should
provide for the political system construction. Both
options are possible: the course of the election
campaign will correlate with the political and
administrative role of the office of the President of
Ukraine or the course of elections will impact
constitutional proposals according to the political
situation.
For the time being, there is no answer what rules
of socio-political relations will be placed in this bill.
If activities of a temporary special parliamentary
commission were public, the above question would
be answered. Yet, since the time of its creation on
4 March, there has been no news about its current
actions, no substantiation of the need for
transformations, formulation of principles and
development of a conceptual vision of desired
changes as well as no proposals for the
involvement of experts. Such vagueness not only
affects the course of presidential campaign but
also poses a challenge for the Maidan.
There is no doubt that the text of the Constitution
(since 22 February, the 2004 Constitution has
been reinstated in Ukraine) needs to be revised
and amended. Though, there is a doubt that it
should be done behind-the-scenes and in a hurry.
Read more
Contact information
Civic Space Center
www.civicua.org euprostir.org.ua
https://www.facebook.com/CivicUA
On Portal "Civic Space" created a special section of the coverage of the presidential elections in 2014
Supported by NED