According to Civil Network OPORA's assessment of 2015 regular local elections, there were significant issues in election administration, particularly in activities of territorial and precinct election commissions, adherence to transparency and accountability standards, campaign financing, legitimacy and fairness of vote count and determination of election results in a number of territorial communities. Thus, we cannot say these elections were held in accordance with national legislation and international standards of electoral process due to various forms of voter bribery incidents detected.
For example, OPORA's observers reported nearly 1,600 violations to law enforcement agencies.
According to OPORA's Parliamentary and Electoral Programs Coordinator Olha Aivazovska, criminal and administrative cases related to elections are the test for law-enforcement and judicial systems, as long as quality of the corresponding investigations shows not only the competence and impartiality of judges and law-enforcement officers, but also gives an opportunity to see whether they are able to counteract against illegal political interests and influences.
It should be mentioned that OPORA has been monitoring pre-trial investigations related to 2015 local elections, and studying court judgments in cases related to violation of electoral rights of citizens since July 2016. According to the answers to OPORA's information requests concerning the investigations into electoral crimes committed in 2015 provided by the National Police and Prosecutor's General Office of Ukraine, there were 422 pre-trial investigations initiated under Articles 157-160 of the Criminal Code of Ukraine, more than after 2014 regular presidential and parliamentary elections.
“The vast majority of pre-trial investigations were initiated under Article 160 of the Criminal Code of Ukraine, which establishes liability for voter bribery, – says OPORA's jurist Olha Kotsiuruba, – 159 proceedings. Article 157 of the CrCU, impeding the free exercise of voting rights, activities of election commissions and official observers (including interference into activities of an election commission by a public servant), is on the second place – 97 pre-trial investigations. At the same time, the number of campaign financing violations is not that high – only 7 (Article 159 -1 of the CrCU.”
However, almost 65% of pre-trial investigations were closed as of 11 September 2016, and 77% of them under voter bribery article. Only bills of indictment sent to courts in 16% of pre-trial investigations. There are 84 ongoing pre-court investigations (around 20%).
The number of bills of indictment is much smaller if compared to the number of closed criminal proceedings. On one hand, this can be understood as the lack of solid reasons for violation reports from electoral subjects,– says OPORA's analyst Oleksandr Kliuzhev. – On the other hand, we have to take into consideration the poor motivation of investigators to thoroughly consider all the circumstances and find a foundation of a crime, what may be proved by numerous challenges against decisions to close criminal proceedings or court ruling reversing decisions to cease a proceeding.”
Top 5 regions of Ukraine with the largest number of pre-trial investigations initiated during 2015 local elections: Chernihiv (46), Kyiv (44), Dnipropetrovsk (40), Odesa (40) oblasts and the city of Kyiv (42). At the same time, Chernihiv oblast has a record-breaking number of ceased criminal proceedings and only 1 case is still being investigated. The largest number of ongoing investigations into electoral crimes: Kyiv (14) Odesa (10), Dnipropetrovsk (8) oblasts and the city of Kyiv (9). The smallest number of opened criminal proceeding: Ivano-Frankivsk (1), Chernivtsi (3), Mykolaiv (5) oblasts.
For comment, please contact: Oleksandr Kliuzhev – 063 6300068.
This document has been produced with the financial, assistance of the Council of Europe. The views expressed herein can in no way be taken to reflect the official opinion of the Council of Europe.