I. Administrative Background II. Election Process III. Voters’ Expectations IV. 2010 Local Elections Results V. Conclusions
• According to the Constitution Ukraine is an unitary state with a republican form of government.
• Administrative-territorial structure consists of: – 24 oblasts plus Autonomous Republic of Crimea (ARC) – regional level; – Kyiv and Sevastopol have a special legal status; – 177 cities «of oblast significance»; – 488 rayons – regions are divided into districts («rayons»); – over 12 000 towns and villages.
• The administrative division in Ukraine was directly inherited from the republican administration system of former Soviet Union – «matryoshka». Administrative significance
Region (Oblast)
City District (Rayon) Town Village
Territorial division
Region/District Level
City/Town/Village Level
• Article 118 of the Constitution states that «executive power in oblasts, rayons and the cities of Kiev and Sevastopol is carried out by local state administrations». • In practice it means that Local Government bodies delegate (transfer) their executive power to Local State Administrations. • Local State Administrations main functions are: – to ensure adherence to the Constitution and the laws of Ukraine as well as presidential decrees; – to ensure the implementation of national and regional programs for social, economic and cultural development, environmental protection and others; – to draft and implement oblast and rayon budgets; – to provide implementation reports on local budgets and programs; – to coordinate with local self-governments.
De Jure
De Facto
Executive power transfer
Executive power
Executive power
Domination through budgeting
• Two-fold structure of Local Government: executive power is separated from representative local bodies. • On region and district levels local councils delegate their executive power to centralized executive bodies – Local State Administrations, which are controlled by President and Cabinet of Ministers.
• On municipal level Local State Administrations dominate on local executive committees through control of budgeting process. • De facto violation of subsidiarity principle as well as European Charter of Local Self-Government.
1st year - 2004 Constitution Term
2nd year - 2004 Constitution Term
3rd year - 2004 Constitution Term
4th year - 2004 Constitution Term
Return to 1996 Constitution
5th year - 2004 Constitution Term
• Dates of elections are not in line with the Constitution. • On average, the Law on Local Elections is amended 2-3 times right before the date of ordinary or extraordinary election. • Most amendments concern: –Voting system (proportional, mixed, majoritarian); –Formation of Territorial Election Commissions (TECs), which ascertain the final results of election; –Subordination of election commissions (on local, district and region levels); –Registration of candidates and parties.
Region Level Oblast Council
party-list proportional system
50% of seats «winner-takes-all» system 50% of seats
Parties Registered for Elections District Level
Rayon Council party-list proportional system 50% of seats 50% of seats
«winner-takes-all» system
Parties Registered for Elections
Local Level «winner-takes-all» system Mayor
Town/City Council party-list proportional system 50% of seats 50% of seats
Parties Registered for Elections
«winner-takes-all» system
«winner-takes-all» system
Mayor Village Council «winner-takes-all» system 100% of seats
Parties Registered for Elections
Brovary – small town near Kyiv. st On 31 of October a voter faces tough choice, having received 7 ballot papers‌
Region Level Kyiv Oblast Council 50% - proportional representation 50% - majoritarian representation
District Level
Brovary Rayon Council 50% - proportional representation 50% - majoritarian representation Mayor Brovary Town Council 50% - proportional representation 50% - majoritarian representation
Local Level
•Central Voting Commission has established 670 TECs, including 49 TECs – on region and city level.
•These 49 TECs are responsible for control of election process in 25 regions (including ARC), 24 cities (excluding Kyiv).
Source: «Ukrainian Week»
• Balance of party representatives in TECs is shifted in favor of pro-Yanukovich parties. • Opposition is discriminated.
• Non-parliament parties are also discriminated.
• In Lviv SBU (The Security Service of Ukraine) arrested the head of Lviv TEC, who wanted to register the list of candidates, submitted by local BYuT organization. • After the change of the head Lviv TEC registered falsified list of candidates, which was submitted by juridically non-existing local BYuT organization. • Existing local BYuT organization was pushed out of election process in Lviv. • BYuT refused to recognize election results in Lviv.
• Communist Party (Party of Regions ally in parliament) blamed Party of Regions Donetsk local organization for: • Blocking of registration of Communist Party majoritarian candidates in Donetsk TEC; • Blocking of party representatives in local electoral commissions.
• Arena for «clash» between two popular candidates Kernes (Party of Regions) and Avakov (BYuT). • BYuT reported about unregistered extra amount of ballot papers printed by an unauthorized private publisher. • Party of Regions stated that extra ballot papers were supposed to be used by BYuT in order to falsify the election results.
• Similar cases of «unfair play» were registered throughout Ukraine: – Kyiv, – Cherkasy, – Kharkiv, – Sumy, – Ternopil, – Ivano-Frankivsk, – Odesa, – ARC.
Source: UCEPS
Source: UCEPS
Source: UCEPS
Are you ready to take part in protests if the results of Local Elections will be falsified?
Source: UCEPS
Source: UCEPS
Oblast councils, where PR will have majority of seats Oblast councils, where PR will form coalition with allies Oblast where PR will Oblastcouncils, councils, where PR be will Oblast councils, where PR will minor partner in coalition form coalition with allies
form coalition with allies Oblast councils, where opposition will have majority of seats
Source: Segodnya
• Party of Regions has won 2010 Local Elections despite the decline of its public support on nation-wide scale. • ¾ of Oblast Councils (eldest «matryoshka» level) will be under control of Party of Regions and only ¼ under control of opposition: Svoboda (Ternopil, Lviv, Ivano-Frankivsk oblasts); BYuT (only Rivne oblast).
• Was the result boosted by falsifications and unfair play? Yes, but this is only one part of the truth. Another part is that the majority of voters consider it as a fair result.
• Infringed system of local government, de facto violation of subsidiarity principle and the European Charter of Local SelfGovernment. • Complicated voting system, simultaneous elections to different levels (local, district, region). • Frequent amendments to the Law on Local Elections. • Unfair formation of TECs – balance of members is shifted in favor of pro-Yanukovich parties. • Administrative barriers, «party cloning», unauthorized extra printing of ballot papers and other manipulation techniques.
• Falsification does not mean infringement of democracy. • High negative expectations about transparency of election process along with low willingness to take part in protests. • Thus, democracy as well as election process is understood as «free ride» competition of elites. • Democracy is associated with «disorder», while «order» is more important than democracy.
• On the whole, the first steps, which are needed to be done towards better and more European outlook of local government, are clear: Decentralization and deregulation of local government; Budgetary and financial self-sufficiency; Reform of Local State Administrations system; Recovery of executive power within local government bodies.
• Will it be for good? The question remains open due to such factors: Understanding of democracy as «free ride» competition of elites; th High level of tolerance to corruption (134 place in 2010, «Corruption Perception Index», Transparency International).
•Deregulation and decentralization of local government can bolster corruption on local level. Thus it should be done step-by-step along with «democracy promotion» programs and anti-corruption fight.
Thank you for your attention!