Ukrainian presidential election’ 2014 Issue 3. April-2, 2014/Civic.UA
In April, Presidential candidates have intensified their campaigning Presidential candidates understand that while Ukrainian voters are focused on events that are decisive for their country, the excessive use of traditional advertising can have the opposite effect. On the basis of information provided by OPORA's observers, we can make a conclusion that the candidates have focused their campaigning efforts in the central, southern, and eastern oblasts of Ukraine, and have to resort to nonstandard methods. However, the election campaign remains slow, irregular, and disproportionate.In April, the following candidates were the most active: Olha Bohomolets, Anatolii Hrytsenko, Mykhailo Dobkin, Oleh Liashko, Petro Poroshenko, Yuliia Tymoshenko, Oleh Tiahnybok, Petro Symonenko, Serhii Tihipko, Dmytro Yarosh. However, most candidates have faced conflicts, incidents, and
artificial restrictions during their campaigning events in south-eastern oblasts. Thus, a candidate for the President of Ukraine Petro Poroshenko was blocked in the airport by pro-Russian activists when he came to Luhansk. Mykhailo Dobkin and Oleh Tsariov have received light bodily injuries during their meetings with voters. In cities of Krasnodon and Alchevsk, unknown persons who had presented themselves as "Civil guardsmen of Luhansk oblast", attacked campaigning tents of Anatoliy Hrytsenko. Escalation of the situation in eastern oblasts of Ukraine have caused the certain aggression towards representatives of political parties who are associated with pro-Russian moods. In Rivne, representatives of the Right Sector blocked oblast office of the CPU and destroyed Soviet symbols. In Volyn – wrecked the
event conducted by secretaries of regional committees of the CPU. Civil Network OPORA calls all parties of political conflicts to refrain from violence and not to discredit the electoral process by forcible activities. Extremist activities complicate the conduct of election campaigning by candidates for the President of Ukraine, and create obstacles for organization of the election process. A large part of the voters are living in fear and are being threatened, what complicates their attraction to the electoral campaign. While the socio-political situation in unstable due to the military aggression of the RF,campaigning is often accompanied by manifestation of intolerance, what may cause social conflicts and violence. For example, Oleh Liashko's billboards with a slogan "Death to occupants!" are being actively spread in Chernivtsi, Ivano-Frankivsk, Rivne, and Ternopil oblasts. In Luhansk, Krasnodon, Rubihne, Sverdlovsk, and Alchevsk, activists and representatives of proRussian organizations call the citizens in the internet not to recognize the special elections, and counteract the voting process. Such actions are aimed to disrupt and destabilize the electoral process. Thus, lawenforcement agencies should urgently take the corresponding measures. The candidates often use ordered or advertising publications in mass media, often without the corresponding marking, for their campaigning purposes.
Besides that, black PR materials often appear in the information space. Nevertheless, the nationwide tendency in Ukraine is that mass media pay little attention to the coverage of election campaign. Outdoor advertising (billboards, city-lights) are not widely used by candidates, mostly by Petro Poroshenko and Oleh Liashko. Intensive personnel rotations in district election commissions continue. As of 25 April 2014, the CEC has passed six resolutions on changes in membership of DECs. 819 members of 4,164 have been already substituted, what is 20% of the total number. The largest number of members were substituted by the following presidential candidates: Nataliia Korolevska – 87 substitutions (41%), Vasyl Tsushko – 81 substitutions (38%) and Vadym Rabinovych – 72 (40%). However, Renat Kuzmin has substituted the largest percentage of commission members representing him – 60% (49 of 82 persons). Nevertheless, the commissions are authoritative, fulfill their duties, and pass the corresponding decisions. Today, candidates to the membership of precinct election commissions are being nominated. It should be mentioned that due to the possible conduction of referendums in support of self-proclaimed "people's" republics (Donetsk and Luhansk oblasts), the CEC has passes a decision to block the access to State Voter Register maintenance bodies in Donetsk oblast.
Olha Aivazovska, Electoral and Parliamentary Programs Coordinator of the Civil Network OPORA
Since March, OPORA conducts a wide observation campaign during snap Presidential election, interim Parliamentary elections (district #83), and special local elections. The organization cooperates with 175 long-term observers, who are watching the course of election campaign in all Ukrainian regions. On the Election Day on May 25, 3,000 activists will join them to conduct the parallel vote tabulation, based on statistical sample.
Election 2014: vote not with your heart, but with calculator - CivicUA In Ukraine, the big problem is that at the time of voting citizens do not have any information on the financing of the presidential campaign. Even partially released data from the post-election candidates’ reports does not provide any prominent information. Therefore, members of the Movement ‘CHESNO’ in partnership with IFES-Ukraine launched a campaign "Honest Candidate", which aims to increase financial transparency of presidential campaign and the further development of financial transparency of Ukrainian politics.
According to Taras Shevchenko, Director of the Institute of Media Law, citizens need to know where the election funds come from. "From a formal point of view, candidates must pass (and passed earlier) report on the use of the funds they receive during the process. But in general, we see that in Ukraine there is a huge problem with the way the election funds formed and spent, and the fact that not all costs come through this election funds are. In terms of democratic standards, we believe that citizens, voters need to know where the funds come from and where they are going to; and to understand who is funding candidates, who gives them those millions ... tens, sometimes hundreds of million in order to be sure that the people who give money ... then they will demand something in return, "- said the expert.
In the election in Ukraine "mortgage payment" (only winner can take its payment back) is 2.5 million, which is one of the largest in the world, and it does not provide any reports. Our laws encourage candidates to ensure to look for a large amount of money and do it in a secret way, he said. Another problem is a campaigning, which provides the largest expenditure item, when in most European countries campaigning is either prohibited or severely restricted.
The financial transparency of Ukrainian legislation is one of the worst in Europe. "This time the voters should vote not with heart, but with calculator. This means that voters should count actually what stands behind this or that candidate, and it will help us to understand who are behind them, who are their sponsors, "- said Svetlana Zalishchuk, project director of NGO" Center for UA ».
Requirements for Presidential Candidates - 3 criteria of honest financing of presidential campaigns:
transparency pledge for the election of 2.5 million. (how much money is given to the candidate and by whom);
the transparency of the electoral fund revenues (total campaign fund, which was a contribution of the candidate, party fees (if the candidate is nominated by the party ) , a list of individuals who have made a lump sum or total contribution to the fund in the amount of more than 20 000 ).
transparency of costs (total costs of the candidate, detailed information on areas of spending , the list of individuals and entities that received funds from current accounts of election funds which indicates amounts of corresponding payments and payment purposes). Activists urge publish three reports: - Until 15 May - interim report for all candidates on three criteria. - By 10 June- for all candidates on the last 2 criteria for the results of the first round. - By July 1 – for the two frontrunners report on the results of second round.
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Statement of the pre-electoral mission of the Parliamentary Assembly of the Council of Europe
A pre-electoral delegation from the Parliamentary Assembly of the Council of Europe (PACE) visited Kyiv to evaluate the election campaign and the preparation of the early presidential election of 25 May 2014. The PACE delegation is convinced that Ukraine needs a democratic and credible presidential election to establish after the revolution legitimate political authorities. Therefore, it calls all Ukrainian citizens, whatever their political convictions, linguistic and regional sensibilities are, to take an active part in election campaign and to participate into upcoming election. Any external interference in domestic affairs of Ukraine and in electoral process should be excluded to guaranty the people’s freedom to vote. The PACE delegation noted that significant changes have been made in the electoral legal framework in the last two months which could improve the credibility of the presidential election. Nevertheless, regrettably some important issues have not been addressed, including election campaign financing. There is no upper limit on spending for presidential candidates despite the fact that the Venice Commission of the Council of Europe has recommended capping election campaign expenditure. In this regards, the PACE pre electoral delegation recalls the Assembly’s conclusions after the last presidential and parliamentary elections in 2010 and 2012: “The place of money and oligarchies in politics in Ukraine in general and in the election process in particular. This reality appears to have reached even more alarming proportions during this election campaign. Unfortunately, many Ukrainian citizens are seeing the political “combat” as a struggle between different clans and their financials interests rather than between competing platforms and ideas”. Traces of this oligarchic dominance are still to be found in the media and the structure of the public sphere. Although Ukraine has a wide range of pluralistic media outlets, the lack of independence and the lack of transparency of media ownership are matter of serious concern. The Assembly delegation was also informed about cases of harassment and restrictions of freedom of journalists. It condemns strongly any attempt on media freedom and asks the authorities to provide journalists and all the media actors with effective protection. The pre-electoral delegation pointed out that the election campaign environment has been affected by tensions, interference of armed groups influenced by Russian authorities, particularly in the east regions. Numerous cases of intimidation, violence towards citizens and presidential candidates were reported. The Assembly delegation strongly condemns all cases of violence. It is crucial to assure equal conditions for all presidential candidates to meet freely the electors, to inform them about their programmes, to have equal access to media and to conduct their campaign in all regions of Ukraine without any discrimination and according to Ukrainian legislation. The delegation welcomes the efforts of the Ukrainian authorities to enable all Ukrainian citizens whose home, like in Crimea, is occupied or subject of armed interference as in the region of Donetsk and Lugansk, to go to vote to polling stations as close as possible in order to cast their vote. The voters have to be sure that they are safe on their way to the polling station and they have a safe way back home The election campaign. provides the presidential candidates, with their various political, linguistic and regional sensibilities, the opportunity for exchange of ideas and platforms in order to create bridges between citizens of all regions of Ukraine rather than reinforce dangerous dividing lines. Therefore, it calls on all presidential candidates to assume their huge responsibility. The pre-electoral delegation was informed that the process of registration of presidential candidates was inclusive. Despite the difficult political environment, the Central Election Commission is functioning normally; its sessions are open for observers, media and candidates representatives. During election campaign and on election day, all necessary measures should be taken to assure the security of the entire electoral process, including the functioning of district and precinct election commissions to avoid eventual cases of intimidation or violence towards their members. The Parliamentary Assembly will send a 52-member delegation to observe the early presidential election on 25 May 2014. The delegation had meetings with presidential candidates and their representatives; with Mr. Tourchinov, Chairman of the Verkhovna Rada and acting President of Ukraine; Mr. Arseniy Yatsenyuk, Prime Minister; Mr. Oleksandr Lytvynenko, Deputy Secretary of the National Security and Defense Council of Ukraine; the President of the Central Electoral Commission and the members of OSCE/ODIHR election observation mission. Meetings were also organised with representatives of civil society and the media. Members of the delegation: Andreas GROSS (Switzerland, SOC), Head of the delegation Frank JENSSEN (Norway, EPP/CD) Ingebjørg GODSKESEN (Norway, EDG) Tinatin KHIDASHELI (Georgia, ALDE) Nikolaj VILLUMSEN (Denmark, UEL) Marietta de POURBAIX-LUNDIN Co-rapporteur AS/MON (ex-officio) (Sweden)
Creation and first working days of DECs during the snap election of the President of Ukraine
Despite the tight time constraints of the election campaign, the formation of district election commissions and beginning of their activities were accompanied by the certain difficulties, although within the effective legislation and calendar plan. Within the established time limits, the CEC has created and maximally used its powers to regulate electoral issues, caused by military aggression of the Russian Federation towards Ukraine. The CEC has taken a justified decision regarding impossibility to create the DECs on occupied territories (the ARC and Sevastopol), because neither candidates for the President of Ukraine, nor the Chairman of the Verkhovna Rada of AR Crimea, nor the Head of Sevastopol City Council have submitted the candidacies for DECs in districts #1-10, 224, and 225. In other Ukrainian regions, the CEC has created district election commissions and all of them have started functioning. As usual, the attendance during first meetings of DECs was quite low. Almost one fourth part of all members was absent, what is the sign of possible rotations in membership of district election commissions. Besides that, a large number of DECs' members don't live in districts where they are supposed to work, but live in other raions and oblasts. Therefore, most of them won't be able to participate in activities of DECs regularly, and will be substituted. Another topical issue is providing information about meetings of DECs to the public. There is no public information about the time and place of meetings. Such situation creates the certain difficulties for civic observers and mass media representatives, who need to provide timely and unbiased information about the
election observers to the voters. Moreover, observers have reported that journalists and representatives of electoral institutions pay little attention to first meetings of DECs, especially in south-eastern oblasts of Ukraine. Apparently, it's due to the military aggression of the RF in Ukraine. There were no major conflicts or contradictions between members of DECs during first meetings of district election commissions. However, the situation outside the DECs remains hazardous and conflicting, and can directly influence the work of election commissions. As long as pro-Russian forces and terroristic movements are aimed to disrupt the election process in Ukraine, election commissions may be targets for their activities. Submission of candidacies and creation of DECs The deadline for nomination of candidates for membership in district election commissions was April 9. Every of 23 candidates for the President of Ukraine, registered by the CEC, could nominate one member to every election commission (Article 23(3) of the Law of Ukraine on Election of the President of Ukraine). The effective Law didn't set any limits for the maximum number of members in every DEC. Therefore, all presidential candidates, who have submitted to corresponding documents, have got their representatives in DECs. The procedure of drawing lots, which is traditionally used during other types of elections, wasn't used during this snap election of the President. In such a way, technical manipulations were impossible on the formation stage, and the representation of candidates in membership of DECs is balanced.
The military aggression of the Russian Federation and seizure of the AR Crimea are destabilizing for the course of election campaign in Ukraine. Taking into consideration that life and health of Ukrainian citizens in Crimea are directly endangered by the RF, none of Presidential candidates has nominated candidates for the membership of district election commissions in districts #1-10, 224 (the Autonomous Republic of Crimea), and 225 (Sevastopol). Therefore, the CEC has appealed to the Head of the Verkhovna Rada of Crimea, and the Head of Sevastopol City Council with a request to propose candidates for the membership of the corresponding DECs, and provide the premises for their functioning. Due to the absence of answer, and impossibility to fulfill established by the Law duties regarding the preparation and conduct of presidential election, the CEC has passed the Resolution on Impossibility of creation of district election commissions for election of the President of Ukraine in territorial election districts #110, 224, and 225 during the special election of the President of Ukraine scheduled for 25 May, 2014. Thus, having considered the submissions from candidates for the President of Ukraine, registered by the CEC, regarding nomination of candidatures for the membership in district election commissions for election of the President of Ukraine, the CEC has created 2013 district election commissions for election of the President of Ukraine during the special election of the President of Ukraine scheduled for 25 May, 2014. 21 presidential candidates have nominated candidates for the membership in DECs. Two candidates (Andrii
Hrynenko and Valerii Konovaliuk) haven't delegated any representative to the membership of DECs, and will not have possibilities to directly influence the preparation and organization of elections. Most of them have their representatives in all 213 district election commissions or almost in all (210 or 212). However, five presidential candidates have delegated their representatives in DECs only to some regions and districts. For example, Oleh Tsariov hasn't submitted any representatives for DECs in western Ukrainian oblasts (Volyn, Lviv, Zakarpattia, Ivano-Frankivsk, Ternopil, and Khmelnytsk). Mykhalo Dobkin, for his part, doesn't have any representatives in DECs located in Kyiv, Lviv, and Rivne oblasts. However, all the candidates have received the quota of managing positions in membership of DECs, proportional to the number of submitted representatives. They were distributed with the help of an information analytical system "Vybory" (Elections). Candidates O. Bohomolets, Yu. Boiko, A. Hrytsenko, O. Klymenko, N. Korolevska, V. Kuibida, O. Liashko, P. Poroshenko, P. Symonenko, Yu. Tymoshenko, O. Tiahnybok, V. Tsushko, Z. Shkiriak and D. Yarosh. have thelargest number of heads in DECs. In general, O. Liashko, P. Poroshenko, Yu. Tymoshenko, V. Tsushko ta D. Yarosh.O. Liashko, P. Poroshenko, Yu. Tymoshenko, V. Tsushko, and D. Yarosh. have the largest number of officials (heads, deputy heads, and secretaries).
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Long-term observation report on early local election on 25 may 2014 april, 1-23, 2014
Law on local elections was adopted during the electoral process of local elections, so members of election commissions, candidates, judges and voters are not aware enough of the content of its key provisions. The CEC, the Supreme Administrative Court and civil society organisations should take measures to raise awareness among subjects of the election process, judges and voters on the main provisions of the Law. In future Parliament should refrain from making radical changes to the electoral law a few months before the Election Day.
The CEC activities on preparation for the early local elections met the requirements of the electoral law. The CEC also provided proper conditions for the realisation of novelties of the Law on Local Elections; in particular it adopted a number of decisions on organisation and conduct of local elections.
Although the elections will be held in several regions (including Luhansk, Dnipropetrovsk, Sumy, Mykolayiv), preparation of parties and potential candidates for the election campaign is being held quite slowly. In many cities there are no real campaigning activities. In cities where potential candidates started active campaigning activities (Kyiv, Odesa, Cherkassy, etc.), agitation is generally poor in content. In many regions the prominent feature is loss of electoral support for the Party of Regions (although in the South, in the East and in some Central regions Party of Regions keeps a leading position).
Activities of local authorities are focused on preparation for the presidential elections, while local elections do not receive appropriate attention. Territorial election commissions generally take steps required by the law for the preparation for the elections, but their work remains nearly invisible. Activities of Verkhovna Rada of Ukraine April 8, 2014 Verkhovna Rada of Ukraine has made some significant changes to the law “On Elections of Deputies of the Autonomous Republic of Crimea, local councils and village, town and city mayors” (hereinafter - the Law on Local Elections). For a long time the Law on Local Elections adopted in 2010 remained almost the least accomplished one among all laws which provide the order to conduct elections in Ukraine. The amendments to the Law on Local Elections unified territorial organisation of elections in Ukraine, and the legal framework for the activities of election commissions, voting, counting and tabulation, the procedure of appeal against decisions, actions or
Early local elections on May 25, 2014 will be conducted on the basis of substantially amended Law "On Elections of Deputies of the Autonomous Republic of Crimea, local councils and village, town and city mayors". In general the Law creates the proper conditions for conduct of elections according to international standards and reduces risks of fraud in the organisation and conduct of elections. After the early local elections the Parliament should consider the reasonability of holding elections of mayors in big cities by the majoritarian system of absolute majority. inaction on the election. These provisions became closer to the relevant provisions of the Law “On Elections of the President of Ukraine”. Positive innovations of the Law on Local Elections are mandatory decision making by majority of election commissions members, prohibition on changing the voter lists on election day, providing official observers from NGOs with status of the subjects of electoral process, established connection between the number of voters in a given administrative and territorial unit and the amount of election pledge that must be paid by subjects of election process that nominate candidates for election (or nominated by candidates). Amendments to the Law on Local Elections provide no possibility to cancel candidates' registration for violation of election laws. An important innovation of the Law is that it provides the possibility of self-nomination for candidates in single-mandate majoritarian constituencies. The shortcomings of the Law are the following: preservation of majoritarian system of simple majority at elections of city mayors, no budget funding of election campaigns, no provisions to define the principles of informational support of elections (which are included in the two other election laws), and no effective mechanisms to ensure transparency of the election campaign at local elections. Certain provisions of the Law (such as prohibition to fund election campaigns by persons with dual citizenship, the prohibition of changes in voter lists after 6 PM of last Saturday before Election Day) are not reflected in two other election laws. Thus, the question of harmonisation of electoral laws despite significant changes to the Law on Local Elections and the Law "On Elections of the President of Ukraine" is still very important. December 14, 2012 the People's deputy of Ukraine M. Katerynchuk submitted to the Verkhovna Rada of Ukraine the draft law № 1098, which provided election of mayors in big cities (with population of over 500 000 people) in two stages (majority system of absolute majority). Although in April 2014 this draft law was approved in the first reading, it was not supported with the required number of votes in the second reading and in general. Thus, all the mayors elections assigned to May 25, 2014 will be conducted according to majoritarian system of simple majority. After the early local elections necessary amendments to the Law on Local Elections which ensure the election of mayors of big cities (cities with more than 500 000 voters) according to majoritarian system of absolute majority should be approved. More information
Western and Central Ukraine, including Kyiv, as well the southern part of the country, remained calm. The situation in Kharkiv is quite tense after the assassination attempt on the mayor, which occurred on Monday, 28 April.
In Donetsk, OSCE SMM Chief Monitor and a small team met with Donetsk mayor, Oleksandr Lukyanchenko, as well as with Rinat Akhmetov, reportedly Ukraine’s richest man. The municipal building was partially protected with a small tire barricade and manned by nine unarmed men in camouflage uniforms and three police officers. The Ukrainian flag and Donetsk city flag were hoisted over the building. The monitors were able to freely enter and leave it. The presence of a flag of the self-proclaimed Donetsk Republic was observed flying over the entrance of the departure section of the Donetsk International Airport. About 100 people were
The situation in Ukraine remained tense in Luhansk and, in particular, and in Donetsk regions. In other parts of the country an increased police presence was observed due to the fear of possible provocations during May holidays. The general situation in the city of Kharkiv remained calm throughout the day, however the police presence was visibly increased. Mr Kostiantyn Dolhov, a leader of the
local
movement
demanding
Ukraine’s
transformation into a federal state a, was detained on April 23 and accused of organizing a series of arson attacks. Following the storming of the Regional Government building in Luhansk and the Office of the Prosecutor, the situation has temporarily stabilized. Attempts to take over administration building in the towns of Pershomajsk, opposing
the
Sverdlovsk government
and
Rubizhne
were
by
deterred
forces through
negotiation with the local authorities.
This update is provided for the media and the public
observed in front of the Regional Administration Building; among them about 15 to 20 individuals with camouflage military outfit and black masks – as well as people equipped with bulletproof vests and sticks. The monitors observed five separate police foot patrols who stayed in close proximity to the barricades. The
situation
in
the
southern
Ukrainian
regions
of Dnepropetrovsk, Kherson and Odessadistrict remained calm. There remained a number of roadblocks in the area with
the
intention
to
prevent
the
activities
of
armed
opponents of the Government.
The
overall
security
situation
in Chernivtsi,
Ivano-
Frankivsk and Lviv regions appeared to be calm, however the monitors observed increased police presence patrolling the cities and manning checkpoints due to the fear of possible provocations
during
the
period
of
May
holidays.
In Kyiv during the morning of 30 April OSCE SMM patrolled the city centre, in particular Maidan area. The situation was calm.
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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