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
international standards for democratic elections, as well as with national legislation. Observers will monitor
the
legislative
implementation,
the
framework
work
of
the
and
its
election
administration and relevant government bodies, KYIV, 20 March 2014 – The OSCE Office for
campaign
Democratic
resolution of election disputes.
(ODIHR)
Institutions
today
formally
and
Human
opened
an
Rights
presidential election in Ukraine. The mission’s follows
an
invitation
media
coverage
and
the
election
observation mission for the 25 May 2014 early deployment
activities,
from
the
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,
Ukrainian Ministry of Foreign Affairs.
the media and the international community. 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.
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
will
observation
mission
The mission will assess the entire election process
delegations
from
for compliance with OSCE commitments and other
Assembly and other parliamentary institutions.
the
join
election
OSCE
efforts
with
Parliamentary
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 elections
framework
for
presidential
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
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