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 non-

standard 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 pro-

Russian 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, law-

enforcement 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.

More information

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 #1-

10, 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).

More information

Long-term observation report

on early local election on 25

may 2014 april, 1-23, 2014

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.

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

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.

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, Sverdlovsk and Rubizhne by forces

opposing the government were deterred through

negotiation with the local authorities.

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

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.

This update is provided for

the media and the public

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