The location of ballots of the electoral district No.185 is unknown! Members of DEC No.185 state that they have already handed them over to the archive but have no supporting documents of it.
“AFTER THE OFFICIAL ANNOUNCEMENT of the election results of People's Deputies of Ukraine (hereinafter — the election of deputies), district election commissions hand over election and other documents to archival institutions,” is stated in the Procedure for Handover of Election and Other Documents by District Election Commissions of the Election of People's Deputies of Ukraine for Storage to Archival Institutions established by the Regulation of the Central Election Commission of 12 March 2012 No.46.
Currently, the location of ballots of the electoral district No.185 can't be determined. Members of DEC No.185 state that they have already passed them to the archive but have no supporting documents of it. OPORA observer explained the commission the handover procedure of election documents to archival institutions and pointed out the legal framework regulating this procedure but members of the DEC still refuse to comply with the Regulation of the CEC. They don't intend to store the ballots validly. Svitlana Fedorivna Zubatova (member of DEC No.185) replied to quoting of the Regulation, “They can write wherever they want. Of two evils choose the lesser... We've chosen reliable storage for us...” Although the Regulation has been repeatedly pointed out, members of the DEC keep stating, “Nothing is written there!”
Moreover, the Regulation of the CEC establishes a clear procedure of handover of election documents to the archive, and a range of supporting documents in ten Appendices! DEC No.185, according to its members, handed over the ballots to the archive without this process being documented.
Employees of Kakhovka Raion Archive, in turn, state, “We haven't accepted these documents...”
Official observers of the Civil Network OPORA have taken a formal note of the violation. Soon the complaint for illegal acts of DEC No.185 will be submitted to the Central Election Commission.
Liability for storage of election documents before their handover for archiving shall be attached to Head (Deputy Head) and Secretary of the relevant precinct or district election commission.
Such behaviour of members of the election commission can testify to the concealment of election ballots, which is an element of crime under Article 158 of the Criminal Code of Ukraine that provides criminal liability in the form of fine from 3,400 UAH to 6,800 UAH, or imprisonment for the period of up to two years, or deprivation of right to hold certain offices or carry out certain activities for the period of up to two years. If it turns out that such acts will lead to inability to determine the expression of will of voters, the guilty can face a fine from 6,800 UAH to 11,900 UAH, or imprisonment for the period of up to five years, or imprisonment for the same period with deprivation of right to hold certain offices or carry out certain activities for the period of two to three years.