COMMITTEE OF VOTERS OF UKRAINE REPORT #6 ON RESULTS OF LONG-TERM MONITORING ON PREPARATIONS FOR 2012 PARLIAMENTARY ELECTIONS IN UKRAINE
OCTOBER 2012 (SUMMARY)
The development was realized with was support of IFES http://www.ifes.org/countries/Ukraine
October
2012
SUMMARY. CONCLUSIONS AND RECOMMENDATIONS
In October 2012 the Central Election Commission as a whole has fulfilled its functions in transparent manner and corresponding with the Law on the Election of People's Deputies of Ukraine. The Commission has explained a number of unclear Law provisions, in particular — in the section regarding Precinct Election Commissions' (PEC's) check of passports validity when giving voters the ballot papers, order of transporting election documentation etc. The CEC decision to oblige PECs to inform citizens that video surveillance is not on in booths for secret voting.
In October 2012 the CEC has experienced considerable functional pressure, caused by a necessity to adopt decisions on cancellation of candidates in deputies, resolution of issues connected with registration of designated persons, authorised persons and official observers of foreign countries and international organisations. In future such pressure may be diminished by deputing some powers to corresponding District Election Commissions, at least for registering designated persons and authorised persons.
Considerably low electoral deposit and possibility to resign from participation in elections or cancel candidates' in deputies registration shortly before E-Day has led to situation when in October 2012 CEC had to adopt a lot of decisions on cancellation of candidates' in deputies registration. In its turn, cancellation of deputies' registration had provoked a need to reprint ballot papers in overwhelming majority of districts and introduction of changes in printed ballot papers with a stamp “Withdraw”. That is why a future election law should include provisions that limit possibility to cancel candidate's registration shortly before elections, when reprint of ballot papers in technically impossible. Besides, it would be useful to change an order of ballot papers' production in order to print them as quickly as possible but still provide proper level of protection against forgery.
Committee of voters of Ukraine has stressed the necessity to change the order of district and precinct election commissions' formation, in particular — the necessity to limit a range of subjects nominating candidatures to DEC and PEC composition, and also limiting possibilities to change commissions' members by other candidatures from the same subjects of nomination. Considerable changes in DEC and PEC composition (in some cases — 60-80% of the initial composition of a commission) which occurred in September-October 2012 are one more evidence that such recommendations should be followed.
Analysis of information received from The Committee of voters regional offices proves that by no means in all single-mandate constituencies proper material and technical provision of district and precinct election commissions was observed. The most critical drawbacks (lack of phone connection, stands, computers etc) should be eliminated before E-Day. In future inspecting of precinct voting stations and commissions' premises should be done long before elections, especially considering the fact that districts and precincts will be on a permanent basis.
In order to eliminate problems connected with consideration of applications on update of voters' list by PECs, the future election law should provide possibility to submit such applications to State Voter Register bodies only, not to PEC. The Central Election Commission as an administrator of State Voter Register should analyse reasons of previous voter lists' drawbacks and take steps to eliminate them.
Cases of prevention to election campaigning activities, direct and indirect vote-buying in October 2012 were still rather widespread. Law enforcement bodies should take additional measures to prevent corresponding actions and stop them. Making liability for violation of election legislation more serious remains a topical issues, in particular substitution of a warning as a sanction by other sanctions that would consider severity of violations and prevent them.
Considering ineffectiveness of election commissions' work on regulation of election disputes, future work on election law update should include possibility to authorise to regulate election disputes first of all courts that have higher level of independence from political influence then election commissions.
CEC and district election commissions have registered iunprecedented number of international and local observers. The order of registering official observers by district election commissions should be made more precise in the Law in order to limis as much as possible DEC discretional powers in registering observers. In future district election commissions should be provided with blancs of observers' certificates in time.
In October 2012 there were far more cases of unfair political struggle methods application in election campaigning, in particular — the so called 'black PR'. Many political parties in their election campaigning focus mainly on criticising their opponents and do not propose specific ways for the country further development. After the elections civic society organisations and mass media should pay special attention to informing voters on the importance of party programs, trustworthiness of politicians and their activities in the future parliament.
Concept of pre-election agitation and indirect vote-buying should be more wide and take into consideration experience of 2012 election campaign. Indirect vote-buying should be followed by sanctions proportional to the severity of violation, for example — fines, devisable to the worth of illegally distributed material values. Mass media should introduce self-regulated rules aimed at limiting number of materials with features of hidden political advertising.