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

KYIV, 20 March 2014 – The OSCE Office for

Democratic Institutions and Human Rights

(ODIHR) today formally opened an election

observation mission for the 25 May 2014 early

presidential election in Ukraine. The mission’s

deployment follows an invitation from the

Ukrainian Ministry of Foreign Affairs.

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.

The mission will assess the entire election process

for compliance with OSCE commitments and other

international standards for democratic elections, as

well as with national legislation. Observers will

monitor the legislative framework and its

implementation, the work of the election

administration and relevant government bodies,

campaign activities, media coverage and the

resolution of election disputes.

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,

the media and the international community.

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 election

observation mission will join efforts with

delegations from the OSCE Parliamentary

Assembly and other parliamentary institutions.

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 framework for presidential

elections

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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