Major trends in parliamentary by-election in 7 districts: a record-breaking number of candidates for MPs, namesake and technical candidates, disproportionate campaigning, violation of campaigning regulations, indirect voter bribery, and conflicts in DEC #206.

There are 376 registered candidates for MPs as of today. Some districts have got a record-breaking number of registered candidates, the largest in SMD #114 (107 persons). District #23 is the least popular, with only 19 candidates registered.

The election campaign is highly competitive in all districts. Thus, OPORA has detected many incidents of early campaigning (before official registration in the CEC), particularly charitable events, outdoor advertising and image materials in mass media, meetings with the voters. Only candidates from Volyn and Luhansk oblasts have refrained from early campaigning (except for Valerii Moshynskyi). “As long as there are candidates who campaign a lot and candidate who are barely active, we may state that there are so-called technical candidates nominated. Besides that, a manipulative technology involving namesake candidates is also used in some districts. For example, there are 4 candidates with surname Rychkov, 4 Tomchuks, 4 Krasnovs, 2 Momots, in Dnipro city; in Chernihiv – 2 Blaushes and 2 Mykytases. Another mission of technical candidates – is to help influential competitors receive additional representation in precinct election commissions, – stressed OPORA's analyst Oleksandr Neberykut. We have also noticed an interesting fact in Ivano-Frankivsk oblast (SMD #85). Electronic registration documents for PEC members from 11 different candidates were created on a single computer.

As for campaigning activities in the districts, the most active are: SMD #23 (Volyn obl.) – 9 of 19 candidates, Iryna Konstankevych (UKROP), Oleksandr Pyrozhyk (AUU Svoboda) and Serhii Bula (Radical Party of Oleh Liashko) are the most active; SMD #27 (Dnipro) – 16 of 61, Oksana Tomchuk (UKROP), independent candidates Zahid Krasnov and Tetiana Rychkova are the most active; SMD #85 (Ivano-Frankivsk obl.) – 13 of 37, the most active in the district are the following candidates: Viktor Shevchenko (UKROP), Serhii Nasalyk (PPB 'Solidarity'), Olha Sikora (AUU Batkivshchyna), Oleh Savka (People's Movement of Ukraine), Volodymyr Tsvil (independent candidate) and Oksana Tebeshevska (AUU Svoboda); SMD #114 (Luhanska obl.) – 14 of 107, the most active: Serhii Shakhov (Nash Krai), Iryna Verihina (AUU Batkivshchyna), Ihor Shvaika (AUU Svoboda), Borys Lebediev (Opposition Bloc), independent candidates Valerii Moshynskyi and Andrii Lesyk; SMD #151 (Poltava obl.) – 13 of 47, the most active: Ruslan Bohdan (AUU Batkivshchyna), Serhii Mamoian (Serhii Kaplin's Party of Simple People) and Oleksandr Berezianskyi (Opposition Bloc); SMD #183 (Kherson obl.) – 11 of 30, the most active: Andrii Putilov (PPB 'Solidarity'), Yurii Odarchenko (AUU Batkivshchyna) and Illia Kivy (independent candidate); SMD #206 (Chernihiv city) – 14 of 75, the most active: Maksym Mykytas (independent candidate), Yurii Vlasenko (AUU Batkivshchyna) and Dmytro Blaush (Radical Party of Oleh Liashko).

All the key candidates in seven election districts have started campaigning actively and, therefore, the number of electoral violations has increased – stated OPORA's analyst Oleksandr Kliuzhev. – As for the most widespread violations, electoral subjects often ignore the city planning rules when disseminate campaign materials and conduct activities, which may be classified as indirect voter bribery. Candidates use charitable funds deliberately and methodically to conduct hidden campaigning, and their campaign events often include distribution of free commodities and services to the voters.” For example, OPORA has detected features of indirect bribery of voters in activities of the following candidates: Iryna Konstankevych (SMD #23), Maksym Mykytas (SMD #206), Anatolii Krupskyi and Zahid Krasnov (SMD #27), Viktor Shevchenko and Volodymyr Tsvil (SMD #183), Andrii Putilov and Yurii Odarchenko (SMD #183), Oleksandr Berezianskyi, Ruslan Bohdan, Ruslan Liashko, Oleksii Riabokon and Valentyn Manko (SMD #151). Although, misuse of administrative resources is not widespread, there were some incidents when public officials participated in campaigning events of candidates, and when state and municipal budget resources were used for the benefit of the certain electoral subjects (in SMDs #23, 183, 151). There are many campaign materials in local media, which may be classified as hidden advertising. The largest number of campaigning rules violations was noticed in single-member district #151 (Poltava oblast). The following candidates disseminated campaign materials without an imprint: Ruslan Liashko (Radical Party of Oleh Liashko), Ruslan Bohdan (AUU Batkivshchyna), Ivan Blyzniuk (AUU Svoboda), Oleksandr Berezianskyi (Opposition Bloc), Serhii Mamoian (Serhii Kaplin's Party of Simple People), and independent candidates Mykola Bondar and Valentyn Manko.

There were no major procedural violations noticed in activities of district election commissions, DEC members are competent and experienced enough to organize elections properly. However, there were some conflict situations, which may affect the preparation and conduct of electoral process. “DEC #206 in Chernihiv is the most problematic, – says Olha Aivazovska, Parliamentary and Electoral Programs Coordinator at Civil Network OPORA. – There were both organizational and personal conflict from the very beginning of commission's work, particularly refusal to accept registration documents for PEC members, submitted by candidates, for over 8 hours, as well as conflicts with MPs and members of Chernihiv Oblast Council involved. Besides that, the commission conducted an unscheduled closed meeting before distribution of managerial positions, which was participated by a proxy of independent candidate Maksym Mykytas”. The Commission has also failed to create precinct election commissions within the established time constraints and passed a decision, which restricted the rights of candidates for representation in PECs. These and other circumstances caused further legal complications and court appeals against actions and inaction of the election commission. It should be mentioned, that there were no major issues during formation of PECs by SMDs #23, 27, 85, 151, and 183. In SMD #114 (Luhansk obl.), election commission rejected a submission from independent candidate Vsevolod Filimonenko. It was also noticed that 140 persons were simultaneously included in submissions from different candidates in this district. The DEC decided to reject all these nominees.

OPORA recommends the CEC to strengthen oversight of even application of law in the districts, assist within the scope of its powers in solution of problems with formation of precinct election commissions in SMD #206 (Chernihiv); district election commissions – to refrain from politically motivated decisions and guarantee that unauthorized persons do not interfere in the process; law-enforcement bodies – to provide efficient investigation of electoral violations and inform the media, observers and the public about investigation results; to strengthen awareness efforts in order to prevent electoral violations in the future.

For comment, please contact:
Olha Aivazovska – 063 6179750;
Oleksandr Kliuzhev – 063 8446723;
Oleksandr Neberykut – 063 6286837.

Reference: Civil Network OPORA conducts citizen observation of by-election to the Parliament, scheduled for 17 July 2016. Civic monitoring conducted by OPORA - is a type of network activity, aimed at impartial assessment of the preparation and conduct of elections, as well as prevention of electoral violations through comprehensive civic action.