Print PDF
THE SIXTH REPORT on the results of the nationwide survey – the parliamentary election 2012, SEPTEMBER

In September OPORA is going on with public disclosure of monthly results of  monitoring of the pre-election situation in the regions of Ukraine. The organization has analyzed contents of the  propaganda campaign of the parties and candidates, investigated into the reports concerning abuse of  the administrative resource and bribery of the voters and other violations of the election legislation. The examples mentioned below allow defining pre-election trends but in no way make an exhaustive list of the facts found by the organization.

OPORA’s civil survey is  such a type of dynamic activity of the network, which is devoted to  unbiased assessment of the process of  preparation to the elections and holding of the elections as well as to prevention of violations through total civil control. Civil network OPORA signed the «Declaration of the global principles of non-party survey and monitoring of the elections by the  civil organizations», which provides for long-term survey and analysis of all stages of the election cycle ad also of a wider political context, which influences the election character and quality. Professional monitoring of all stages of the elections has indirect influence on quality of a campaign. Through gathering and distribution of information among target audience social thinking is formed within the country and abroad. In strategic outlook a social survey is focused on  improvement of the system of  elections and individual procedures.During the 2012 parliamentary election process in UkraineOPORA is implementing a large-scale campaign of longand short-term observation,including a parallel vote tabulation of the proportional representation results based on a representative random sample. On election day, OPORA will observe 8 to 10 single-mandate districts and will cover each polling station in selected districts. Within the framework of long-term observation, OPORA observers are working in each of the country’s 225 single-mandate districts, who will be joined by up to 3,500 short-term observers on election dayThe organization uses advance methods of distribution of information about survey results, among which there is  infographics and interactive maps.

On this stage of social monitoring campaign 251 long-term observers are keeping an eye on the  election process. On September 9 the Central election commission  (decree №226) gave permission to the Civil network OPORA  to have the official observers for a period of elections of the people’s deputies  of Ukraine, which will take place on October 28, 2012.

CONTENT
OVERVIEW OF THE PRE-ELECTION SITUATION.
STATISTICS OF VIOLATIONS.
CONCLUSIONS.
RECOMMENDATIONS.
ORGANIZING THE ELECTORAL PROCESS. 
Changing the procedure of drawing nominees to the PEC
The procedure of drawing and forming PEC
Examples of unusual situations during the draw and the formation of PEC
Application by several subjects. 
Twins. 
Problems with server. 
Drawing after September 21
Draws in violation of the order: for subjects, not for numbers.
Second draw.
Conflicts, non- admission of observers. 
List of nominees compiled incorrectly, wrong lots, the draw on each PEC, closing the meeting before announcement of results, other problems. 
Legal claims. 
VIOLATION OF THE ELECTION LEGISLATION AND CONFLICTS. 
1.Bribing the voters and charity. 
1.1. Bribery with money. 
1.2. Indirect bribery. 
1.4. The infrastructure projects of the candidates. 
1.5. The activities of the candidates’ charity trusts.
2. Abuse of official position, administrative leverage. 
2.1. Propaganda carried out by state authorities and self-government officials (during office hours)  
2.2. The use of budgetary resources for campaigning. 
2.3. Involvement of civil servants and public sector employees into campaign activities of candidates and parties (during working hours). 
2.4. Placing campaign materials at buildings and inside public administrations, institutions and organizations of state and municipal property. 
2.5. Official announcements of state and local governments go along with campaign information  
2.6. Influence of law enforcement agencies on parties or candidates. 
3. Pressure on mass media and conflicts. 
3.1 Pressure on the mass media. 
3.2 Pre-election conflicts with participation of journalists. 
4. Infringements of the legislation on campaigning. 
4.1. Campaigning by state officials and foreigners. 
4.2 Campaigning at prohibited places. 
4.3.  Campaign materials with no outgoing information.. 
5. Obstructions to campaign for parties, candidates and their proxies. 
5.1. Spreading untruthful information and use of “black PR”. 
5.2. Damage and destruction of property of the subjects of electoral process. 
5.3. Refusals to provide premises to candidates, limiting access to the media and participation in public events. 
5.4 Threats and intimidation.
TENDENCIES OF ELECTION CAMPAIGN.
 

OVERVIEW OF THE PRE-ELECTION SITUATION

Observers of OPORA assess the quality of the electoral process on the basis of Ukrainian legislation, international standards and practices. After Election Day organization will determine whether elections were competitive, democratic, and the results are fair and corresponding to the citizen’s vote.

The reporting period is characterized by acute political confrontation between members of the election. Opponents use a wide arsenal of political campaigns: bribery, administrative resources, black PR, participation of technical parties and candidates in the elections. The latter are politically fictitious structures, the level of electoral support of which is zero. Monitoring of the pre-election situation showed manipulative influence technical parties on the electoral process, which is reduced to defending the interests of grand-parties. Technical participants of election are holding no political responsibility for their own actions, because they can not lose the rating they do not have. In addition, law does not provide serious legal consequences for decisions of election commissions, where technical parties got conventional majority.

Overall in September were held several significant events that have shown an imbalance of political power within the district and precinct election commissions. By August 29 DEC had to hold constituent meeting, however, due to technical parties that formed the majority beginning of their work was marked by interesting discoveries. As it turned out, nonexistent at the electoral map political forces that participated in the formation of commissions solely for the purpose of strengthening influence of third parties, while preparing presentation not really embrace its quality. Part of the newly appointed members of the district commission did not plan to take any part in their work. Personal data of these individuals were used to prepare the basic documents for commissioners. After the successful draw organized by the CEC on August 24, the fictitious parties quickly have organized a replacement of commissioners. For example, during the first week of September the "Bratstvo" party has withdrawn and reregistered 225 members in each of the 225 DECs, "Russian unity" – 221, "Union of Anarchists of Ukraine" – 219 "Single Rus" – 230 (in some constituencies changes have occurred several times), "One family" – 211, "Ruses bloc" – 222. It seems surprising that after experts criticized a single draw for all the DECs Central Election Commission for unknown reasons decided to apply the same practice to form the precinct election commissions. September 13, CEC has revised procedure with multiple draw – for each commission separately on a single – simultaneously for all commissions within the constituency. The process of forming PEC was held with numerous violations and misunderstandings. Disgruntled participants of elections contested the actions of the DEC №37 in court, and in the DEC №29 the process was re-organized.

Observers of OPORA note the increasing number of lawsuits regarding violations of the law by the subjects of electoral process in respect of acts or inactivity of commissions. This trend shows the willingness of participants of the campaign to appeal properly against violations. However, the court decisions in different regions are sometimes contradictory on identical cases. This trend indicates the selectivity of implementing legislation in electoral disputes.

OPORA also notes that the number of resonance cases of obstructing access to agitation or to the media for the participants of campaign, physical confrontation between subjects.

STATISTICS OF VIOLATIONS

With the help of 225 long-term observers and 26 coordinators, OPORA gathered and processed information on the most common violations committed by candidates and political parties in September. The administrative resource, as a form of illegal participation in and influence on the election process by officials, in on top of the negative rating. 179 similar incidents were noticed in all Ukrainian regions, and particularly in Dnipropetrovsk, Kyiv, Ternopil, and Kharkiv oblasts. The voter bribery, as a form of financial incentive to vote, is on the second place. Observers managed to report 126 incidents with features of voter bribery in 23 oblasts. Odesa, Kyiv, and Khmelnytsk oblasts are leaders among them. The third place is taken by obstruction or interference with activities of parties and candidates: 123 incidents recorded by observers in 19 oblasts, mostly in Kyiv, Odesa, and Volyn. Equally common is the violation of campaign procedures. In particular, observers reported 77 incidents in 18 oblasts, especially in Odesa and Luhansk. The power resource, as a method of law enforcement influence on the electoral process, was noticed 12 times in 6 regions. 4 and 3 of them reported in Luhansk and Rivne oblasts respectively. 9 incidents of pressure on mass media were noticed in September. Therefore, according to the data reported by OPORA observers, we may conclude that administrative resource and voter bribery remain most common violations. However, neither law enforcement, nor the CEC reacted on systematic violations committed by subjects of the election process.

CONCLUSIONS

  1. Due to large-scale use of administrative resources in the interests of some parties and candidates, opportunities for competitive and open political competition for election competitors are extremely limited. OPORA observers repeatedly recorded violations of the equal suffrage principle that at this stage of the campaign seriously undermines the credibility of the electoral process in the Ukrainian society and the international community.
  2. At this stage of the campaign, observers noted the ineffectiveness of legal restrictions on VOTER BRIBING, massively used by candidates. Legal gaps exacerbate the passivity of law enforcement agencies to investigate cases. Also, there is no established law precident regarding identification of the phenomenon and establishment of all the circumstances of the violation. Courts in various regions are taking controversial decisions on the content of identical incidents. Political parties have not created or were not motivated to use effective mechanisms of influence on their candidates, who bribed voters. The closer the Election D is, the impunity of candidates, who indirectly bribed voters, may lead to more acute manifestations of the problem - buying votes for money.
  3. Process of PEC FORMATION took place in incomprehensible for most of the electoral subjects way, opaquely and without proper controls. Significant part of district election commission members who conducted the draw did not comply with the fixed sequence of actions. CEC’s changes of the procedure of draw that were taken 5 days prior to the implementation of procedure negatively affected process in general and transferred negative practice of a single draw, which was applied for DEC, to PEC.
  4. Although the recorded cases of putting PRESSURE ON THE ELECTORAL SUBJECTS by the law enforcement agencies are sporadic and irregular, they raise concern and destabilize the election process in constituencies. Law enforcement agencies perform a vital function of law enforcement during the campaign, however, they should avoid any action aimed at reducing competition between parties and candidates, limiting the rights of certain electoral subjects.
  5. CONFLICT INVOLVING THE MEDIA are fortunately not that widespread. Cases, when candidates for people’s deputies of Ukraine openly threaten or hinder the work of journalists, are a serious challenge for the democratic election standards. The conflict of  TVi  channel with tax authorities negatively affected the perception of the freedom of speech in Ukraine and the right to full information about the electoral process.
  6. Electoral subjects conducting CAMPAIGN ACTIVITIES often do not follow legal requirements, however, remain unpunished. In most cases, these restrictions apply to illegal participation of officials and foreigners in campaign activities, requirements regarding authorized places and forms of campaigning. Not many opponents appeal against unlawful actions by unscrupulous competitors because of minor punishments.
  7. One of the key tools of political struggle was BLACK PR, indicating the escalation of political struggle and unfair competition.
  8. OPORA recorded a rapid growth of measures aimed at OBSTRUCTION TO CANDIDATES’ PARTICIPATION in the election campaign. The most common are cases of the obstruction to the meetings with voters and groups of employees, illegal termination of agreements for outdoor advertising or rental of premises for organizing campaign activities.
 
RECOMMENDATIONS

Under the conclusions of the OPORA observation within the reporting period based on the analysis of key issues and risks, a series of recommendations for the various participants of the electoral process have been drafted.

To the Central Election Commission

  • During the educational activities that are financed from the state budget, to systematically explain the concept of voter bribing and inform about its signs and liability;
  • Monitor violations of the legal provisions concerning bribery of voters and immediately contact law enforcement agency for them to check these facts;
  • Adopt a Resolution with the official explanation on prevention of the interference by the government officials in the electoral process;
  • Adopt a Resolution with the official explanation on conducting covert election campaigning at public expense, under the pretext of participating of the candidates in official activities of public authorities and local governments;
  • Establish a practice of systematic publicizing of the information on the electoral subjects, violating the legislation of Ukraine.

To the Verkhovna Rada of Ukraine

  • Solve the issue of the use of budget resources and powers for campaigning on the legislation level. To ban the launch of new budget programs and projects on the eve (two months before the start) and during the election campaign;
  • Prohibit officials and officers of public administrations, who are running, to campaign during working hours, and provide administrative liability for the violation on the legislation level.

To political parties and candidates

  • Follow the principle of fair competition and not to use the achievements of state and local governments in the interests of individual campaigning;
  • Oblige party members, who hold positions in local authorities and participate in elections, to take vacations during the campaign;
  • Funding of election campaigns should be transparent, and the sources of funding should be made public in full.

To law enforcement agencies

  • Promptly respond to facts of placing campaign materials and political advertisements on buildings and premises of state authorities and local self-governments;
  • Strengthen control over unfair campaign activities of candidates and parties, including the spread of "black PR" and false information;
  • Check violations, information on which is published in the media, promptly respond to reports of  putting pressure, threatening  or injuring the participants of the electoral process;
  • Avoid illegal interference in the election campaign of candidates that may be perceived as pressure on electoral subjects.

To the management of state and local governments

  • Stop the practice of distributing campaign information on the official web resources;
  • Avoid campaigning or placing materials with political advertising in public institutions and organizations;
  • Level the playing field for campaigning for all the candidates, stop being non-transparent and putting pressure on subordinate employees, if such type of influencing the voters is used.

To the National Agency of Civil Service of Ukraine

  • Develop and adopt a rRgulation that would ensure the political impartiality of civil servants and local government officials within the electoral process;
  • Establish a transparent control over meeting legal provisions of  applicable law by public servants in matters relating to the electoral process.

The mass media

  • Stick to the editorial policy and journalistic standards on informing the public about current social and political events of the region and the state, including the activities of political parties and their representatives;
  • In the materials on election campaign to maintain objectivity and balance of opinions due to highlighting information on both pro-government and opposition politicians.

ORGANIZING THE ELECTORAL PROCESS

Changing the procedure of drawing nominees to the PEC

One of the key stages of preparation for the parliamentary elections was the formation of the precinct election commissions. The public and participants of the campaign closely traced the draw of nominees to the PEC. According to paragraph 5 of Article 28 of the Law "On Elections of People's Deputies of Ukraine" party representatives – subjects of electoral process (except those that have factions in parliament) and candidates in single-seat constituencies to be included in PEC by drawing lots. Process should organize the District Commission according to the procedure established by the Central Election Commission (Resolution № 88[1] of May 17, 2012).

Unexpectedly for the most subjects of the electoral process, the CEC in the middle of the campaign (September 13) made ​​changes to its Resolution № 88[2] and cardinally changed the order of the draw (Resolution № 895). 5 days before the draw the CEC has determined a new procedure hastily and without public discussion. Members of the DECs and other electoral subjects were not prepared properly to organize and provide control over the draw. Chairmen, their deputies and secretaries of DECs, who during September 13-14 participated in the study[3], only in general terms got acquainted with the contents of the procedure. Provision on the need for a separate draw for each polling station was excluded from the document. Also on the basis of draw to the PEC were included the numbers of candidates, not subjects representing these candidates (as it was in the case of the draw of the DEC).

The resolution also extended the range of persons who are entitled to retrieve lots. The practice of previous elections shows that 18 members of the DEC are sufficient to distribute functions necessary to conduct the draw, and the inclusion of technical staff is unfounded. The rule "disperses" responsibility for the violations made by commission. It is much harder to bring to justice employees involved by civil transaction, than members of DEC.

Ability to inspect the lots, according to the Resolution №895, received only candidates and authorized representatives of political parties, while local observers unreasonably were deprived of this right. Thus, powers of official observers to detect and prevent frauds were artificially limited.

Thus, the CEC's decision to change the order of the draw negatively affected the organization of the process of drawing nominees to the PEC. Central Election Commission again, as in order of the drawing DEC, in a controversial way has interpreted requirements of paragraph 5 of Article 28 of the Law "On Elections of People's Deputies of Ukraine". The Law determines the way of a lottery – as the draw on the inclusion of candidates of subjects of electoral process to the PEC and not defining the sequence - as the CEC has established.

The procedure of drawing and forming PEC

It is known that process of formation of PECs started with the inception of the DEC on August 26, when the electoral subjects were able to submit their nominations to the PEC.

Stages of formation of the PEC:

  • making submissions of nominees to the PEC by the electoral subjects;
  • processing the applications made ​​by parties and candidates by DEC;
  • carrying out a draw;
  • processing the results of the draw and determine the personnel composition of PEC;
  • counting quota for management positions in PEC for each electoral subject and identify individuals who will work in these positions;
  • publicizing the lists of PEC members in the media and examine them by the participants of the electoral process.

As a result of surveillance appeared that the problem started on the stage of making applications of nominees to the PEC by electoral subjects.

This process should be completed at 24:00 on September 18. But in 20 constituencies electoral subjects and members of the DEC have violated the regulation of law and continued to make applications after the end of period established by law.

Observers of OPORA also recorded the applications from various parties and candidates made by the same person. From a formal point of view a person, who had an order from different subjects of electoral process to take such action, did not violate the law, however, it turned out that the number of applications that were introduced by the authorized persons reached 20-26. Such cases have occurred in 70 constituencies. Fact proves that dozen technical parties are involved in the election process. Quite a frequent have also been cases where the application of nominees to the PEC from different parties and candidates were made by a person who had no reason for this – no corresponding status or authorization, which is violation of the law.

Each district election commission should process the applications made ​​by parties and candidates. DEC checked whether all documents were filed correctly and whether all the necessary information was mentioned. Among the main problems in the applications, which were discovered by the district commission were:

  • applications of subjects of electoral process were made without the necessary statements or copies of passports of persons who were proposed to be included in PEC;
  • the statements of persons who were proposed to be included in PEC did not contain numbers of polling stations where these people had to work;
  • for the position of PEC members were offered persons who are not entitled to work in the commissions;
  • the applications proposed two persons at one PEC;
  • one and the same person (so-called "twins") was nominated by different subjects.

The above mentioned problems were fixed in 162 constituencies.

However most comments subjects of electoral process and observers have regarding the procedure of the drawing and processing the results of the draw. Prior to the draw DEC had to prepare in tabular form the lists of candidates for each PEC. Without this it is impossible to start drawing and hold it properly. However, 79 commissions did it, they decided not to produce these lists, although without it they did not know exactly how many lots had to be put to the drum. Their number should equal the number of candidates proposed to the polling station of the constituency and taken from the station where the most of the applications were submitted. Instead, part of the district election commissions during the draw geared toward the number which is equal to the number of subjects who made ​​their application on PEC members. This error occurred in 98 constituencies.

Drawing should have take place on the basis of numbers, under which were included nominees for each polling station, and not on the basis of nominators. That is, during the drawing should not have been counted electoral subjects, so numbers pulled out in the DEC have no relation to political parties or candidates. However, this provision misunderstood 43 district electoral commissions that conducting the draw appropriated numbers for each nominator.

These violations of procedure caused incorrect PEC formation. In the first case the electronic system "Elections" could not accept the incorrect number of lots, so it has been freezing, the same happened in 72 DECs. In the second, when the numbers were assigned to parties and candidates, subjects of electoral process and commissions did not understand the results of processing the draw by system "Elections" because they differed from those seen commissioners, representatives of political parties and candidates.

In addition, the DEC meeting should take place until the results of the draw have been worked out for all polling stations of constituency. Instead, in 47 cases meeting of the district commissions halted immediately after the draw and the personnel of each PEC was formed behind the scenes, but not using the meeting as it should be according to the procedure. Because of this, in 39 constituencies chairman at a meeting of DEC did not announce personnel of each PEC, specifying the subjects of application, which is also a violation. In such cases, members of the DEC formed lists of PEC manually or trusted work of the system "Elections", not realizing the procedure and algorithm of forming commissions.

Constantly there were problems with the work of system "Elections". This factor and misunderstanding of the drawing procedure on the part of the commissioners led to the fact that 29 DECs held the drawing later deadlines established by the Law, that is, after September 21. The drawing procedure at DEC was appealed in court 37 times, and in 29 cases the district commissions held “second” drawing according to the correct procedure. Despite the last is not provided by the Law and Resolution of the CEC, but was the only possible way to resolve the situation.

Examples of unusual situations during the draw and the formation of PEC

Application by several subjects

  • Rivne region, constituency №153. Four citizens tried to register nominees to the PECs on behalf of 34 subjects of the electoral process, not even having a power of attorney. September 21, DEC decided not to allow 30 of them.
  • Ternopil region. Self-nominated candidate “authorized” candidate of the Party of Regions to make lists of PEC members on behalf of the People's Party faction. The feature of document is that it was signed by the candidate for MP Nadiya Khoptyan who is running for as a self-nominated and is a member of the Party of Regions, and she has authorized to make application another candidate who was nominated by the Party of Regions in this constituency – Ivan Kis.
  • Volyn region, constituencies №22 and №23. In the constituency №22 one person submitted applications on behalf of 20 subjects, and in the constituency №23 – on behalf of 28.

Twins

  • Rivne region, constituencies №153-156. Observers of OPORA discovered that in different constituencies political parties submitted to the PEC the same candidates. Over 12% of submitted applications duplicate, and sometimes also are used three times in different constituencies. For example, Vitaliy Demyanchuk – a member of PEC in the constituency №153, nominated by the majoritarian candidate of the Party of Regions Anatoliy Yukhymenko is also a member of PEC in the constituency №154. Gavrilyuk Iryna Anatoliyivna was included to the PEC in the constituency №153 (polling station 560422) by the “Citizen position” party and by the Congress of Ukrainian Nationalists. Hrodunko Olga Adamivna was included into two polling stations in different constituencies. At the same time at one of the polling stations she was included by two political forces. At PEC (560266) of the constituency №155 Olga Adamivna entered on behalf of the Party of Regions, and at PEC (560823) of the constituency №156 simultaneously on behalf of the Party of Free Democrats and the “Right will of Ukraine” party. The same situation has Holyb Larisa Mykolayivna who entered PEC (560007) of the constituency №155 on behalf of the Party of Regions, and PEC (560009) of the constituency №156 – simultaneously on behalf of the Party of Free Democrats and the “Right will of Ukraine” party.
  • Khmelnytsky region, constituency №192. It turned out that the applications of “Our Ukraine – People’s Self-Defense” faction coincides with the applications of “Union. Chernobyl. Ukraine”, names of nominees of the “UDAR” party are repeated in applications of “Youth – to power!”, “Christian-Democratic Party of Ukraine”, and on behalf of the candidate for MP Yosyp Vinsky – in the applications of the parties “Fair Ukraine", "Party of Pensioners of Ukraine", "Solidarity of Women of Ukraine", "State”.
Problems with server
  • Kharkiv region, constituency №171. Beginning of DEC’s meeting was announced for 14 hours on September 21. In fact, due to technical breakdowns and failures on the server of the CEC it started at 21:00. Data processing continued until four in the morning.
  • Kharkiv region, constituency №174. Meetinf of DEC lasted two days – began on Thursday, September 20 at 9:30, ended – Friday, September 21, at 15:30 due to a malfunction of the system and unsuccessful attempts of the system administrator to enter the data of the drawing to the database of the CEC, meeting has been interrupted constantly.
  • Odesa region, constituency №142. Due to the discovery of a large number of candidates submitted by two or more subjects of the electoral process, it was necessary to correct the lists. However, there was no communication with the server and these changes were not made in time, so it was the reason for delaying the time of meeting. Connection appeared only at 12 pm on September 22.
  • Chernivtsi region, constituency №201. September 20, 2012, district election commission at the meeting conducted the draw on the inclusion of nominees to the polling station commissions on elections of people's deputies of Ukraine. During the draw commission faced with failure of computer program, resulting the fact that initially has declared incorrect sequence of nominators to the PECs.

Drawing after September 21

  • Odesa region, constituency №142. The district election commission did not conduct a draw on the inclusion nominees to the PECs in time prescribed by the Law. According to the Law draw should take place no later than 24 pm on September 21, but it was conducted only on September 22.
  • Kyiv, constituency №212. Due to the dispute of members of commission the district election commission failed to conduct draw of PEC members in time.

Draws in violation of the order: for subjects, not for numbers

  • Sumy region, constituency №159. September 21, was held the draw of PEC members. But it was conducted with regard to the number of nominator (which is 37), rather than the number of nominees to the largest polling station (the largest polling station № 746, which had 36 nominations).
  • Kharkiv region, constituencies №180-181. The basis for the draw was the total number of nominators, rather than the largest number of nominees proposed for inclusion in the PEC. Thus, for example, in the constituency №180 initially 59 numbers have been drawn that led to the computer failure. After further correction the number of lots decreased to the required – 56.
  • Ivano-Frankivsk region. 5 of 7 DECs (except constituencies 83 and 85) incorrectly conducted the draw: “twins” were not eliminated and applications were not checked for compliance with requirements of the legislation, the number of lots did not correspond to the maximum number of nominees submitted for one polling station as required by the Resolution of CEC, but the number of all nominators, and ordinal numbers that depend on the date and time of application were assigned not to the nominees for PEC, but to the nominators.
  • Volyn region, constituencies №19-23. All Volyn DECs conducted the draw improperly. Commissions did not prepare the lists of nominees to the PEC in advance, and the draw was conducted by the number of nominators, not the number of persons applying for membership in the polling stations.

 

Second draw

 

  • Kharkiv region, constituencies №180-181. Due to the misinterpretation of the CEC’s resolution DECs №180 and 181 had to draw twice.
  • Zaporizhzhya region, constituency №35. By unexplained circumstances at night on September 22, there was a second meeting of the district commission during which a second draw was conducted.
  • Sumy region, constituency №159. The first draw was canceled. September 22, commission held a new draw.
  • Volyn region, constituency №23. September 26, DEC canceled its previous draw and according to the procedure conducted a new draw.
  • Cherkasy region, constituency №194. September 23, a meeting was called urgently, where voted for conducting a new draw.

Conflicts, non- admission of observers

  • Rivne region, constituency №152. Dozens of young men with athletic stature have blocked the entrance to the meeting hall of DEC and caused conflict with members of Svoboda. At this moment DEC conducted the draw.
  • Kyiv region, constituency №95. Meeting on the draw regarding the inclusion of nominees for precinct election commissions started without warning some commission members and behind the closed doors. When observer of OPORA came to the district commission the meeting has already been conducting, but unknown persons by force prevented to get in the premises where it took place.

List of nominees compiled incorrectly, wrong lots, the draw on each PEC, closing the meeting before announcement of results, other problems

  • Khmelnytsky region, constituency №191. DEC during the draw assigned numbers for parties and candidates-majoritarians that made applications. In addition, firstly the draw was conducted for each PEC separately. After five hours, during which the composition of only 31 polling stations was determined, the commission canceled the results and held a single draw for all 277 PECs. When the list of small polling stations exhausted five chips were added into the drum to o continue to draw the middle polling stations, and when there were only large polling station – added six more. While eleven of the 67 chips differ in color from the rest.
  • Kyiv, constituency №223. September 21, DEC conducted two meetings. During the first of which was approved procedure for conducting the draw on the nominees to precinct election commissions. During the next the procedure of draw started. However, not all members of the DEC were informed about the second meeting.
  • Sumy region, constituency №159. During the second draw on the ground that the political party VO "Svoboda" was the last that submitted its nominees it was expelled from the list of the subjects who participated in the second draw.
  • Kharkiv region, constituency №177. By its decision commission decided after the draw meeting to conduct its closed meeting in order the working group was able to continue determining the composition of PEC according to the priority of lots.
Legal claims
  • Vinnytsia region, constituency №11. The Vinnytsia Court of Appeal and Vinnytsia District Administrative Court have considered the claim of VO "Batkivshchyna" against the DEC (http://www.cvk.gov.ua/pls/vnd2012/WP024?PT001F01=900&PID100=5&PF7331=11), namely to recognize illegal the action of commission on acceptance of the 29 applications for PEC after period established by the Law of Ukraine.
  • Vinnytsia region, constituency №13. Vinnytsia District Administrative Court considered the claim of the candidate for MP of Ukraine in the single-seat constituency Mykola Katerynchuk (VO ​​"Batkivshchyna") to recognize illegal actions of the DEC on acceptance of applications from the subjects after 12 pm on September 18.
  • Sumy region, constituency №159. District Administrative Court considered the claim of a political party "All-Ukrainian Union "Batkivshchyna" to the district election commission to declare unlawful and cancel the decision of DEC regarding the approval of procedure and results of the second draw on the inclusion of candidates from subjects of electoral process to the PECs (on the second draw).
  • Chernivtsi region, constituency №201. Chernivtsi District Administrative Court considered the claim of VO "Svoboda" to the district election commission of single-seat constituency to declare invalid the results of the draw on the inclusion of nominees to the polling station commissions on elections of people's deputies.
  • Rivne region, constituency №152. All-Ukrainian Union "Batkivshchyna" in the court required to recognize illegal the action of DEC, which has registered application from several other parties on September 20.
  • Rivne region, constituency №153. VO "Batkivshchyna" filed a lawsuit to the court to oblige the head when creating polling stations not take into account 34 nominees of parties whose applications were made by persons without appropriate orders.
  • Rivne region, constituency №154. Political Party of Natalya Korolevska "Ukraine Forward!" and the majoritarian candidate for MP Valentyn Korolyuk appealed to the court against the district election commission. The first required to acknowledge the omission of the head, who did not accept the documents from the representative Ms. Korolevska after 24 hours on September 18. The second required to abolish the commission's decision of September 20, on registration the application of the Social Democratic Party of Ukraine (united), the representative of which did not show a passport on September 18, but did so at the next meeting of the DEC.
  • Kherson region, constituency №186. District Administrative Court considered the claim of the political party VO "Batkivshchyna" to the district election commission which require DEC to conduct re-draw and the formation of PECs.
  • Odesa region, constituency №135. VO "Svoboda" requires the CEC to terminate the powers of district commission because the commission has rejected a list of nominees proposed by the party to the PECs. The reason for this decision was the fact that application of the party instead of the actual signature of the chairman of VO “Svoboda” was the facsimile.

VIOLATION OF THE ELECTION LEGISLATION AND CONFLICTS

1.Bribing the voters and charity 

Bribing the voters is one of the key challenges of the parliamentary campaign of2012. Inspite of the fact that civil observers and mass media widely bring cases of bribery to the limelight, the candidates still continue to make an illegal influence on the  voters’ declaration of will. The valid election legislation provides for judicial way of determination of the bribery fact only. During two months the judicial authorities of Ukraine made various decision concerning bribery,  sometimes in their contents contradicting each other. It is this that makes it impossible to apply unified approaches to fight the problem. During individual judicial proceedings  it was determined that subjects of the election process often present the budget resources as their own charity activity. 

In September  the subjects of the election process were distributing food packages and other goods less frequently but they were active in providing the voters with free-of- charge services. The most frequently voters were offered medical diagnostics and consulting services. Start of the education process in schools and higher educational institutions on the 1st of September also encouraged   the candidates to give gifts  to the budget institutions. Giving computers to schools became the key tool of illegal propaganda. However  office equipment was not always financed by the candidates . The two-party agreement between the People's Republic of China and Ukraine  concerning free-of- charge  transfer of equipment to the Ukrainian schools was actively used by the candidates as well. The party members gave the computes on their behalf,   which belonged to the state and were a humanitarian help in fact. The majoritarian candidates continue constructing playgrounds for children, repairing buildings and facilities. OPORA reminds that propaganda which is accompanied with provision of voters,  establishments, institutions  with goods, services, works, securities, credits, lotteries and other items of value, which is accompanied with encouragement to vote for or against the candidate or the candidate’s name or the name of the party is mentioned,  is indirect bribery (Article 74, Part 13 of the Law of Ukraine “Concerning election of the people’s deputies”).

1.1. Bribery with money

A positive manifestation of the September stage of the election campaign is that bribery of voters with money has not become a  mass phenomenon. Individual cases of giving money to voters were found, which were directly related to the election campaign. The civil network OPORA reminds that according to part 1 of the article 157 of the Code of criminal procedure of Ukraine, the punishment for preventing the citizens from performing  their voting rights freely, which is joined with bribery,  can be a prison sentence up to two years  or prison sentence for the same period with prohibition to take certain positions or engage in certain activity for a period from one to three years  [4].

Exceptional examples of bribery  with money:

ü  In Mykolaiv an observer from OPORA on September, 25 found a group of retired persons, who gathered at the office of the regional organization of the “UDAR” party  to receive money help in amount of 50 hryvnas;

ü  On behalf of the candidate from the Party of Regions  in electoral district №103 Serhiy Kuzmenko a mother with many children Ludmila  Krysan from Gannivka village of Volynskyy rayon of Kirovogradska oblast, which belongs to this district, was given money in amount of one third of  cost of the building bought by the woman;

ü  On September 8  during the meeting of the candidate of the United Opposition «Motherland» in oblast electoral district № 101 (Kirovogradska oblast) Oleksandr Chernoivanchenko with the voters,  a resident of Mala Vyska town  Petr Kaplunov was given money help for  treatment;

ü  On September 12  during celebration of the Day of the village Bayrak an authorized person of the candidate from the Party of Regions  in electoral district № 161 (Sumska oblast) gave to the head of the village Valentina Samoylyk an envelope, claiming that money in the enveloped were for needs of the library and school;

1.2. Indirect bribery

The political parties and candidates in single-mandate electoral districts  are very active in pre-election propaganda, which is accompanied with provision of various goods and services to the  citizens. The forms of indirect bribery are becoming more and more diverse. If on unofficial stage of campaign cases with distribution of food packages and non-food goods were the most common, now the candidates mainly offer services to the voters. Food packages and such “stomach charity” have been to some extent discredited  in public vision and that’s why the candidate  re-target other forms of the voters’ material encouragement.

During September the candidates were organizing  free-of-charge medical examinations. In particular in the oblast electoral district № 159 (Sumska oblast) with support of the candidate Andriy Derkach more than two hundred ill persons were examined by  medical staff using the most advance  equipment of the  Kyiv City Heart Center.  Similar activity is done in the oblast electoral district № 109 (Luhanska oblast) by the candidate form the Party of Regions Volodymir Medynyak. In frameworks of the candidate’s project «Healthy heart of Krasnodonshchyna», a mobile medical team performs diagnostics of cardio-vascular diseases of the district residents. On the territory of the oblast electoral district № 119 (Lvivska oblast) a charity foundation  «Kryla nadiy» (Wings of hopes), which is related to the self-nominated candidate Serhiy Senchuk, continues implementing the project «Health of a schoolchild». In the scope of work of the mobile teams of doctors the schoolchildren are examined free of charge  and given medical record books and insurance.  Serhiy Senchuks election campaign is also connected with  the project «Stryyska city social pharmacy», within the scope of which the citizens  can get 12% discount for medications. The project «Hospital on the wheels» is a part of the propaganda campaign of the candidate from the Party of Regions in the oblast electoral district  № 224 (Sevastopol) Pavlo Lebedev. Within this district two qualified medical teams of pediatrician and dental field are working.  Activity of the mobile medical teams was also found in the oblast electoral district № 47 (Donetska oblast) in frameworks of campaign of the candidate from the Party of Regions Oleksiy Azarov.  In the oblast electoral district  № 219 (Kyiv) the self-nominated candidate Mykola Danyleyko in his propaganda papers  calls the voters to have a free-of-charge medical examination for  «the whole family»

In the capital the pre-election projects on provision of free-of-charge medical services became a subject of legal claims. The candidates from  the United Opposition «Motherland» in the  oblast electoral district № 213 Volodymir Iavorivskyy  litigated  in the Kyiv city district court his competitor’s actions,  the candidate of the Party of the Regions Valeriy Borisov. Iavorivskyy asked the court to admit Borisov’s actions illegal concerning provision of the residents of Kyiv Desnianskyy rayon with free-of-charge services on  medical examination with the candidate’s name being simultaneously mentioned and to determine the fact of the voters bribing[5].  The basis for the claim was  distribution of leaflets «Program «Health of Troeshchina» with an offer to have a free-of-charge medical examination in a local policlinic.  The leaflet said that the project was being implemented with support of the people’s deputy of Ukraine  Valeriy Borisov. Kyiv city district court did not allow the claim.

Some individual candidates offer the voters to receive medications. As an example, the self-nominated candidate in the oblast electoral district № 108 (Luhanska oblast) Valeriy Moshynskyy was distributing a free-of-charge «package for childbirth» among pregnant women, which included medications and hygiene products. Women were to get from propagandists special  “social” cards and to apply with a passport to the outer office of the candidate to get the package. In the oblast electoral district № 133 (Odesska oblast) on September 6 the representatives of the candidate from the party «Union of anarchists of Ukraine» Vadim Chornyy were distributing among elderly people a sedative medication - korvalol.

OPORA points out that  the pre-election projects of the candidates on provision of free-of-charge medical services to citizens  are in a kind manipulative. The candidates exploiting the problems with access to qualitative and free-of-charge medial services is an evidence of total crisis in provision of the constitution rights of the citizens. The majority of candidates, who are organizing the events are valid people’s deputies of Ukraine or officials of authority bodies. They are responsible for the state of  health care system, which shall provide the citizens with proper medical services not just before the elections. Usage of the pre-election projects on  free-of-charge medical services is not only a manifestation of the voters’ indirect bribery but also  has an ethical component in it. In frameworks of the projects it is also extremely difficult to avoid usage of state or facility resources. As an example, in litigation «Iavorskiy vs Borisov»[6] it was established that provision of free-of-charge medical services to residents of the Kyiv Desnianskyy rayon was a part of current activity of the local hospital  (oblast electoral district № 213).  The representatives of the candidate Valeriy Borisov rejected his involvement to ГО «For Troeshchina», on behalf of which the leaflets were distributed with an invitation  to free-of-charge medical examination.

September 1, the Day of Knowledge, also served as a catalyst of  the election charity of the candidates to the people’s deputies of Ukraine. The most frequently the subjects of the election process  were giving goods and services to school education institutions, more seldom directly to the citizens. As an example, on August 30  in Telmanovo (oblast electoral district № 60, Donetska oblast) every young teacher of the village was given  a microwave oven as a gift from the charity foundation of the candidate from the Party of Regions Oleksandr Ryzhenkov. In different regions  schoolchildren were given  gifts on a large-scale basis, the purpose of this gift-giving was to attract the  parents’ attention to the candidate. In the oblast electoral district № 14 (Vinnytska oblast) the self-nominated candidate Viktor Zherebnyuk organized a parade-festival of the uniform for schoolchildren. As a gift the winners were given from the candidate  the certificates for a trip to Kyiv (І place), Kamyanets-Podilskyy (ІІ place) and Vinnytsa (ІІІ place). On behalf of the charity foundation of  Volodymir Lytvyn, a candidate from the People’s Party (oblast electoral district № 65, Zhytomirska oblast), the schoolchildren of Novgorod-Volynskyy were given packs with stationery and  pupil’s record books and in kindergartens colouring books and colour pensils were distributed. In the outer office of the self-nominated candidate Liudmyla  Ovcharenko (oblast electoral district № 151, Poltavska oblast) the schoolchildren and their parents had an opportunity to get  «Suite for a first-grader ». 

The candidates initiated the actions of «contribution to» education of  the under-age citizens. In the oblast electoral district № 197 (Cherkasska oblast) the self-nominated candidate Bogdan Gubskyy initiated an agreement about cooperation between the R. Glier Kyiv Institute of Music and musical school for children in Zolotonosha town. According to this agreement the pupils of the local musical school will have an opportunity to take part in master-classes, which the specialists of the renowned institute will perform. The candidate from the party “UDAR” in the oblast electoral district № 115 (Lvivska oblast) Dmytro Dobrodomov presented in schools of the district a program of free-of-charge choreography and dance hobby groups. When making a speech at school feast «The day of the first-grader» the candidate from the Party of Regions Serhiy Kivalov (oblast electoral district  № 135, Odesska oblast) gave to the school directors the certificates  for all first-grades in his district,  which guarantee their admission to the  Odessa Juridical Academy. From the juridical point of view these  certificated are nothing but the candidate emphasized that «this certificate will give an opportunity to become a student».

OPORA points out that manifestations of material encouragement of citizens through giving gifts to their children contributes to absence of the unified procedure of judicial determination of facts of the voters’ bribery in such cases. As an example, on September 7 the Donetsk district administrative court did not sustain a claim against the candidate from the Party of Regions  Oleksiy Azarov (oblast electoral district № 47, Donetstka oblast), which concerned giving gifts to schoolchildren. Among others the fact was taken into consideration that schoolchildren  who were given orthopedic schoolbags  do not have the voting rights[7]. At the same time as far back as in August the Odessa appeal  administrative court determined the fact of bribing the voters by the self-nominated candidate  in the oblast electoral district № 140 David Zhvaniia, that was giving  the uniform suits to schoolchildren of local schools  free-of-charge  [8].

Candidates for people’s deputies of Ukraine continue initiating various so-called social events serving the financial incentives for the electorate. In the single-mandate constituency № 212  (Kyiv city), the  electioneerers wearing T-shirts reading “For Balenko” disseminated application forms for obtaining the Retirees Discount Program card. The card allows for the elderly people to access up to 7% discount on goods within “Furshet” supermarket network. The self-nominated candidate Igor Balenko is a chairman of the OJSC “Furshet” Supervisory Board. The self-nominated candidate Valeriy Dibrova (single-mandate constituency № 19, Volyn oblast) on behalf of LLC “Piatydni” is selling to residents the wheat seeds priced below market rates. Dubova explains such an initiative on public as implementing the election programme due to which she was elected as the oblast council deputy. There is enrollment running for the tourists willing to recreate at “Bukovel” via the community liaison offices of the self-nominated candidate Oleksandr Shevchenko. The tour participants are provided with free transportation and meals, including excursions. To participate in the above tour, a person should have a registration mark inside the passport proving his place of residence in Ivano-Frakkivsk city which is included into the single-mandate constituency № 83.                   

At several constituencies they noted the grocery baskets distribution, namely: single-mandate constituency № 223 of Kyiv city (Viktor Pylypyshyn, self-nominated candidate), single-mandate constituency № 139, Odessa oblast (Oleksandr Presman, candidate from the Party of Regions), single-mandate constituency № 221 of Kyiv city (Alla Shlapak, self-nominated candidate), single-mandate constituency № 58, Donetsk oblast (Oleksiy Biliy, candidate from the Party of Regions), and others. The candidate from All-Ukrainian Alliance “Bat’kivshchyna” Mykhaylo Khmil contradicted his relation to the grocery baskets distributed on his behalf in the single-mandate constituency № 115 (Lviv oblast). The Department of Internal Affairs in Zararpattya oblast informed the public that the resident of Tyachiv region had applied to the local militia office based on the bribery case (single-mandate constituency № 72). Following the militia statement, the individual applicant had reported the case when the deputy of the local council was distributing the grocery baskets in support of Vasyl Petyovka, the candidate from the Party “Yediniy Tsentr” (“Single Centre”). Also the militia reported on conducting of the investigating action addressing the individual’s application.      

The candidates offer their aid to various population groups. For instance, Oleksandr Danylchuk, self-nominated candidate at a single-mandate constituency № 156 (Rivne oblast), granted building materials for five families whose housing suffered from natural calamities. Ruslan Panchyshyn, self-nominated candidate at a single-mandate constituency № 204 (Chernivetska oblast), presented two cell phones to the winners of local sports competition for people with disabilties.  

Separate candidates identify “charity” as the red-line of their external and media advertising. For example, self-nominated candidate Igor Palytsya (SMC № 22, Volyn oblast) places on city-lights the activity outcomes of the charity trust, which suspended its activity from the official date of election. At local TV channels the adverts of the candidate from the Party of Regions Tatiana Bakhteyeva (SMC № 42, Donetsk oblast) are broadcasted. It shows the veterans and elderly people expressing their gratitude to her charity trust “Humannist’” (Humanity) for rendering help in handling their private issues.      

1.3 Providing goods and services to the state-funded institutions

Under Section 13 Article 74 of the Law of Ukraine “On the election of people’s deputies of Ukraine” the indirect bribing of the electors includes not only providing goods and services to the residents, also the respective activities carried out towards institutions, facilities and organizations. In September the election activities were targeted at school facilities. The top-present for the latter were computer and sports equipment.   

Typical examples:

  • On September 5th, during the conference of the education workers in Burin town, the candidate from the Party of Regions Oleksandr Sayenko (election constituency № 161, Sumy oblast) presented football, volley-ball and basketball balls to local schools to the amount of 17,000 UAH;
  • On August 30th, in election constituency № 170 (Kharkiv oblast), candidate from the Party of Regions Dmytro Svyatash on behalf of the charity trust “Peresvet” granted computers and screens to the nurturing staff of schools № 124, 142, 4  and day-care facilities № 70, 137, 366;         
  • On September 18th, Igor Korniychuk, the candidate from the Communist Party (single-mandate election constituency № 191, Khmelnitskiy oblast), assisted in purchase of kitchen utilities for the school kitchen in Zalissya village, Starosynyavskiy region;
  • On August 30th , in SMC  № 101 (Kirovograd oblast) the candidate from the Party of Regions Viltaliy Hrushenvskiy presented a computer on behalf of the headed by him charity trust “Vidrodzhennya pokolinnya” (The Generation’s Renneissance) to the Salkiv comprehensive school;      
  • On September 1st, in 92 (Kyiv oblast), Sergiy Katsuba presented computer equipment for a classroom in each school in Skvyra town;
  • Candidate from the Party of Regions Sergiy Kovaltsov (SMC  №75 in Zaporizhya oblast) handed in 15 brand new laptops to the staff of school № 36 in Zaporizhya city;
  • Candidate from the Party of Regions at SMC  №1 and the Minister of Education and Science under the Council of Ministers of the Autonomous Republic of Crimea Valentina Dzoz, on September 1st on the Knowledge Day solemnly presented 15 PCs to the high-school № 1 of Simferopol coty. It turned out that the computers had been presented prior to Ukraine by the China Republic according to the bilateral agreement, and a significant amount of them was in malfunctioning condition.

The cases of granting computer equipment and other items to school facilities were further brought to courts. For instance, candidate from “Bat’kivshchyna” Alliance (SMC  №7 in the Crimea) Yuriy Formus applied to court with a plea to acknowledge the actions by Alla Reshchikova (the director of Yalta school № 6) and by the delegated representative of Sergiy Brayko  (candidate from the Party of Regions) during the solemn deliverance of the computer equipment  to school, as those contradicting the Law.  At the celebratory school assembly, the director proclaimed the following: “Thank you to the Party of Regions and to Sergiy Brayko for 11 computers. Children, let’s give applause to them”. Whereas the delegated representative of the candidate from the Party of Regions emphasized that the computers were offered by the Party of Regions[9].  The territorial administrative court of the Autonomous Republic of Crimea did not acknowledge the event as the indirect bribing of electors. However, the court identified that the presented equipment were purchased not by the Party of Regions, but referred by the Education Department of Yalta City Council under the Ministry of Education and Science, Youth and Sports of AR Crimea.   

The municipal institutions operating in the other field also received the presents from the candidates. For instance, the charity trust “Happy Future for the Children of Ukraine” of the self-nominated candidate Danylo Korylkevich forwarded to the hospitals of SMC № 154 (Rivne oblast) medications for the total amount of 500,000 UAH. The medicines are intended free for vulnerable population groups. Under the auspices of the charity trust “Do Good” of the candidate from the Party of Regions Artem Pshonka (SMC № 81, Zaporizhzya oblast), the local authorities offered 20 bicycles to the medical assistants of Priazovskiy region. Fastiv municipal hospital declined the ambulance car offered by the Trust “Razom v maybitnye” (Together for Future) of the candidate from the UDAR Party Ruslan Solvar (SMC № 91, Kyiv oblast). The candidate’s representatives started collecting signatures encouraging to accept the gift, after which the hospital management decided to accept it. In Kirovograd oblast the oblast committee of the Communist Party jointly with the Social Rehab Fund for Disabled Children “Nadiya” (Hope) delivered to the children’s oblast hospital a multi-functional bed, a stroller, a wheel-chair, etc.       

1.4. The infrastructure projects of the candidates

The candidates are highly interested in local infrastructure issues; they allocate costs for activities provided for building of new and renovation of old objects. Quite often the candidates join the events organized by the local authorities. It was noted that the industrial facilities chaired by the parliamentary candidates are being used in the course of the election.  

Selective examples:

  • The self-nominated candidate in SMC № 150 (Poltava oblast) Konstantin Zhevago within the sponsorship programme of Poltava mining industrial complex invested 3 mln. UAH into the reconstruction of a surgery unit of the Central Regional Hospital in Kremenchuk;   
  • The candidate from the Party of Regions in SMC № 57 (Donetsk oblast) Sergiy Matviyenkov provided financial support for renovation of elevators for two multi-storied buildings in Mariupol. 
  • It is also reported that Matviyenkov is going to cover the production of new motor sets for the elevators. The candidate is holding the post of Deputy Director of “MMK im. Illicha”. He also provided support for the reconditioning of roads and social objects reconstruction;  
  • The candidate from the Party of Regions in SMC № 26 (Dnipropetrovsk oblast) Ivan Stupak has funded the reconditioning of the communal entrance hallway of a multi-storied building. The elevators there have the mirrors with the inscriptions “Stupak is a development vector”.  

Given that local officials get actively involved into the infrastructure projects by some of the candidates, it is extremely confusing for the electors to distinguish the day-to-day activities of the authorities agencies and the election activities elements. In the constituencies with the urban development enterprises operating, their social programmes are being actively used as the pre-election campaign. 

1.5. The activities of the candidates’ charity trusts

The important aspect of the pre-election campaign in Ukraine is still the activity of the charitable trusts that are directly or implicitly related to the parliamentary deputies.  The usage of the trusts for propaganda purposes is diverse. Small number of the candidates have suspended the activities of their funds until the end of the election. In August the activities decrease was identified in Ivano-Frankivsk and Volyn oblasts, whilst in September the charity trusts of some of the candidates from Kherson oblast rolled down. For instance, candidates Ivan Vinnyk and Andriy Putilov  in SMC №184 (Kherson oblast) explain the suspension by their wish to comply with the election legislation acts.     

The charity trusts of the candidates provide targeted aid to the specific groups of people, apply social discounts, arrange public entertainment events and allocate financial aid for the needs of state-funded institutions. All the mentioned forms of activities are typical for various electoral constituencies. There were noted even more creative charity projects. For instance, the Trust of the self-nominated candidate Anatoliy Matviyenkov (SMC №17 Vinnytska oblast) continues the event “Your defence at the European Court” aiming for recovering the supplement payments for the retired people. Some charities sign partnership agreements with local authorities. For example, the candidate from the Party of Regions Oleksandr Kostenko (SMC №158) as a representative of the charity trust “You’re not Alone, We’re Together” signed the partnership agreement with the City Mayor Gennadiy Minayev.  The declared overall goal the consolidation of efforts to beautify the houses adjoining territories. In SMC №164 (Ternopil oblast.), chaired by the self-nominated candidate Volodymyr Klymenklo “Halychyna-Volyn” Trust is admitted as a UN-Habitat Program Coordinator.  Before the schooling year, the energy-efficiency windows and doors were installed at schools and day-care centers of the constituency with special plates reading : “Funded by Halychyna-Volyn Trust and UN-Habitat Program”. Thus, the UN resources were indirectly used for the candidate’s propaganda.  

2. Abuse of official position, administrative leverage

In September the candidates and parties continued extensive usage of accessible state resources and powers for lobbying purposes. The observers identified the biggest number of malpractices by the of heads of oblast and regional state administrations, and a less smaller amount – by the people’s deputies and self-government officials. If to speak about the parties practices, the administrative leverage is used mostly for the benefit of the candidates from the Party of Regions, and less frequently -  for the benefit of the self-nominated candidates, and occasionally – for the benefit of the other parties involved into the election process. The independent observers identified the following signs of the administrative corrupt practices over the last month:         

  • Propaganda carried out by state authorities and self-government officials (during
  • office hours);
  •  Usage of accessible for candidates state resources for propaganda purposes;
  • Involving of state officials and state-funded staff into propaganda campaign (during
  • office hours);
  •  Placing of propaganda materials on the buildings and inside the premises of the state authority bodies, state-funded and municipal institutions and organizations.     
  • The official messages by the state and self-government authorities are accompanied with the propaganda-like information.

2.1. Propaganda carried out by state authorities and self-government officials (during office hours)

An extremely popular practice for this year election campaign is public support or direct propaganda of specific candidates and parties carried out by officials of all levels. Most of the heads of state administrations, including the heads of departments, city mayors, ministers, who are not parliamentary candidates – abused their official position and participated in propaganda events on a regular basis. Thus these individuals violated the provision of the Law[10] stipulating the requirement for equal and non-biased approach by the state and self-government authorities, their staff and officials towards the parliamentary deputies and the parties acting as the election process parties. Besides, the public declaration of the political preferences by some of the officials contradicts “The State Officials Conduct Code”[11] they were supposed to get familiarized with, and in particular, to bind themselves to abstain from the demonstration of personal political views and attitude towards political powers, parties, alliances, and to prevent those from affecting their job performance.  Finally, Clause 3 of Section 1, Article 74 of the Law “On the election of the people’s deputies of Ukraine” strictly prohibits state officials from propaganda activitie during their office hours.  The observers extensively identified cases of such malpractices in September 2012:     

Kyiv oblast

On September 1at the celebratory pre-school assembly “Lisova kazka” in Brovary city the Head of Kyiv Oblast State Administration carried out propaganda acts in support of the Party of Regions and the parliamentary candidate Sergiy Fedorenko. “Though I happen to represent the state authority today, kindly let me hand you in the gift from the Party of Regions” – stated Anatoliy Prysyazhnyuk, Head of Kyiv Oblast State Administration.

On September 6th, Andriy Nemna - Head of Bila Tserkva Regional State Administration - at the celebratory assembly dedicated to the professional celebration of gas and oil-refining industry expressed his support for the candidate Sergiy Katsuba, in particular he emphasized Katsuba’ input into provision of gas supply for the region.    

 On September 13th, at the meeting with the Tarashcha town’s decision makers, Head of Tarashcha Regional State Administration Anatoliy Smolizhenko conducted propaganda in support of Sergiy Katsuba, the candidate from the Party of Regions at the electoral constituency # 92. Similar situation took place on September 15th during the Town’s Day celebration.  

Vinnytsya oblast

 

On September 14th , the day before the Forest Worker Day, in Olevsk town the Deputy Head of Olevsk Regional State Administration Olexandr Stanislavovych Kovalchuk delivered a speech to the forest staff in support of Volodymyr Pekhov, the candidate from the Party of Regions. In particular Olexandr Kovalchuk pronounced: “I’m happy the active deputy of the Oblast Council, and we all hope the future Member of Parliament, Volodymyr Pekhov is attending today.”

In electoral constituency №14 Oleksandr Fedorovych Pomatskiy, Head of Education Department of Tyvrivska Regional State Administration, at his meetings with the heads of education institutions of Tyvrivskiy region that took place over 1-10 September current year, emphasized that it’s highly desirable to provide support to the candidate for people’s deputies Viktor Zherebnyuk, as well as to abstain from contacting his rival Vasyl Onopenko.    

Zhytomyr oblast

City mayor of Malyn (electoral constituency №66), similar to a previous reporting period, attended all the events arranged by Vitaliy Zhuravskiy, candidate from the Party of Regions, where hen continuously expressed his gratitude to Zhuravskiy for his input into the welfare development of the region.

Poltava oblast

They video-screen located in the downtowns of Poltava demonstrates the advertising video-clips of the Party of Regions.  They contain the faces of Oleksandr Udovichnko, Head of Oblast State Administration, and of Ivan Momot, Head of Oblast Council. The latter (having the flags of Ukraine and the Party of Regions on his background) speaks up openly about “the good” party: “The Party of Regions Team have always been flying under the flag to unite all the patriots of Poltava land…”   

Dnipropetrovsk oblast

Oleksandr Vilkul, the Governor of Dnipropetrovsk oblast, lobbies for the Party of Regions’ candidate via bill-boards and social agreements. At every constituency there are huge bill-boards with Oleksandr Vilkul and the Party of Regions’ candidate within a single-mandate constituency.       

Khmelnitskiy oblast

On September 8th during the celebration of Physical Culture and Sport Day, at the Dunayevets regional stadium “Kolos” Head of Regional State Administration Yuriy Kucheryaviy expresses his support in favour of the self-nominated candidate Oleksandr Hereha, electoral constituency № 192: “Next year we intend to finalize the reconstruction of the football field and the stadium itself. I will add that in this issue we benefit from the support of  Oleksandr Hereha, a true sports fan.  We hope next year we jointly will succeed in many things.”  

On September 16th during the Town’s Day celebration in Dunayevets, Head of Regional State Administration Yuriy Kucheryaviy in his solemn speech mentioned the achievements of the current authorities, particularly of Vasyl Yadukha – Head of Khmelnitskiy Oblast State Administration. Vadym Havrisjko, 1st Deputy of Head of Khmelnitskiy Oblast State Administration, advertised actively on the Party of Regions and highlighted that it is essential to make the right choice on October 28th and support the Party. The celebration speeches were delivered by the Head of Regional State Administration Yuriy Kucheryaviy, 1st Deputy of Head of Khmelnitskiy Oblast State Administration Vadym Havrisjko, and City Mayor Stanislav Nebelskiy at the celebration stage having the portraits and slogans of the self-nominated candidate Oleksandr Hereha.       

Chernivtsi oblast

On September 8th Vasyl Kopchuk, Head of Zastavnivskiy Regional State Administration, conducted meetings in Kadubivtsi and Kostryzhivka villages of Zastavnivskiy region, where he encouraged to give votes forArtem Semenyuk,  the candidate from the Party of Regions.

Zakarpattya oblast

On September 1st Oleksandr Ledyda, Head of Zakarpattya Oblast State Administration, jointly with Vasyl Kovach, the candidate from the Party of Regions at electoral constituency № 68 (located in Uzhgorod city) participated in the opening of the football playground at Khudliovo village school, Uzhgorod region. The playground was decorated with the Party of Regions’ flags, whereas the Party of Regions’ small flags were distributed among the pupils at the celebration school assembly.

Ivano-Frankivsk region

On September10, inthe village Mykytyntsi of Kosivsky rayon the incident was recorded, when the Chairman of  Kosivska rayon council  Andrey Club during working hours was present at a campaign event of his colleague from the Party of Regions and self-nominated candidate for the constituency number 89 (center in the town of Sniatin) Vasyl Chudnov.

Lviv region

At the constituency N125 one of the candidates, Andrey Lopushansky, is openly supported by the mayors of the towns Skole, Sambor, Stary Sambor, Turki, and the chairman of Skolivska rayon council. They hold joint meetings with voters. In particular, such events took place on Septemper2 inSkole, on August26 inSambor, on August19 inStary Sambor.

Ternopil region

The Chairman of the Oblast State Administration Valentin Hoptyan during a teachers’ conference in Ternopil held on August 31 presented wall clock with the symbols of the Party of Regions with the signaturea "Ternopil Oblast State Administration Chairman of the regional organization of the Party of Regions Valentin Hoptyan" as the gifts.

On September 11, the leadership of Gusyatyn RSA (constituency number 166, Terebovlya), headed by Alexander Soban, during working hours held a meeting with state employees of 4 villages in the rayon, where they openly agitated for the Rayon Council Chairman, the candidate Nadiya Hoptyan.

Donetsk region.

On September 15, 2012 the town Larino, which is a part of Budionivsky rayon of Donetsk and constituency number 41, celebrated 140-anniversary of its founding. In his ceremonial speech, the Secretary of the Donetsk City Council Sergei Bohachov said that constituency number 41 is in "good hands" of a deputy of the Oblast Council, a candidate for people's deputy of Ukraine Oleksandr Bobkov. The Larynsky town head Olga Kochkyna stressed on the achievements of Bobkov as the chairman of Budionivsk rayon council. The candidate spoke at the event. He gave a speech with his campaign posters on the background, that contained his picture and the slogan, under which there was an appeal "Vote!"

On September 13, 2012 during the opening of the new park in Petrovsky rayon of Donetsk city, the regional center Mayor Oleksandr Lukyanchenko said that he expects that in five single-mandate constituencies worthy people would be elected. In this context, he called the name of the People's Deputies of Ukraine Tetyana Bakhteyeva, Valentina Landyk, Yefim Zviahilsky, Mykola Levchenko, Alexander Bobkov, who are running in constituencies of Donetsk.

The Mayor of Artemivsk Alexander Reva and the Head of Artemivsk rayon state administration  publicly support a candidate from the Party of Regions Sergei Klyuyev (constituency number 46). Officials accompany the candidate during the meetings with employees and public institutions, and also take part in activities of the Charitable Foundation of Sergei Klyuyev. Specifically, on Septemper 5, during a presentation of the projects implemented with the support of the Foundation, the Head of Artemivsk rayon state administration Vladimir Danilov expressed support for Sergei Klyuyev. The officials said the following: "With the support of Andrei and Sergei Klyuyev it became possible to do much. If all of the MPs in the Verkhovna Rada of Ukraine cared as much ... ".

Luhansk region

On September14, inthe city of Lugansk, in the auditorium of school № 37, from 4.30 till 6.30 p.m.,  there was a meeting of the voters with a candidate for deputies of Ukraine from the Party of Regions, Vladimir Goncharov. The content of the event made it a meeting with voters and a campaign event. The Head of Artemivsk rayon council of Lugansk city Ivan Logvinenko, who in his speech spoke about the achievements of the local government and the Party of Regions and urged voters to support Vladimir Goncharov, PR nominee for election to the Verkhovna Rada of Ukraine in constituency № 104, participated in the meeting.

On September 10,2012, adeputy of Ukraine from the PR V. Turmanov was on a campaign trip in Krasny Luch town. The said person was accompanied by a deputy candidate from the Party of Regions in constituency number 108 Yuri Ternikov, Deputy Mayor of Krasny Luch Sergei Lukyanenko, leaders of trade unions of the miners. During meetings with voters the Deputy Mayor of Krasny Luch campaigned for the Party of Regions.

Sumy region

On September 1 During the concert at the stadium "Jubilee" to the City Day, the City Mayor Gennady Minaev announced from the scene that the concert was made ​​possible due to the "new Sumy citizen Alexander Kostenko and a freeman Anatoli Yepifanov." During this concert the Governor Yuri Chmyr  sang a new song about the Sumy region on stage together with a local singer Vasyl Zhadan and a deputy candidate Alexander Kostenko.

On September 13, during working time at 4 p.m. the Chairman of Burinskiy rayon state Administration Alexander Tovstukha together with the candidate in constituency number 161 from the Party of Regions Oleksandr Ivanovich Sayenko campaigned for the Party of Regions and the said candidate in the auditorium of the State Enterprise "Burinskiy elevator."

Kherson region

The Chairman of Skadovsk Rayon Administration, the head of the PoR local party organization Yegor Ustinov campaigned on September 16, 19 and 20, 2012 during meetings in the state culture facilities in the villages Krasne, Rodhospne, and Prymorske for the candidate in the majoritarian constituency number 186 from the Party of Regions Alexy Zhuravko.

Mykolaiv region

On September 5 at10.00 inthe village of Lysa Gora, the Head of the Pervomaisky rayon state Administration Boris Demchenko participated in the meeting of the villagers and during his speech at the meeting campaigned for a candidate Vitaly Tryavyanko (constituency 182).

ARC

On September1, inKerch the Mayor Oleg Osadchy held a meeting with the residents of the Stary Steklotarny rayon. At the event, apart from the discussion of issues, the Mayor campaigned. He asked to vote for the Party of Regions and a candidate in constituency number 5 Valentina Lutykova, calling her "a cater cousin".

Odessa region

In constituency № 143 at almost all public events the Mayor of Ishmael Andrey Abramchenko was accompanied by Yuriy Kruk, a candidate from the Party of Regions in this constituency. The Mayor emphasizes that everything in the city today is done and would not be possible without the help of the PoR and of Yuri Kruk himself.

In constituency № 138 an interview in the "Regional Bulletin" a village head of Berezivka Valery Grigorash tells what good was done with the support of the "Fursin’s Foundation" and how grateful villagers should be for the good deeds  of the "Foundation."

2.2. The use of budgetary resources for campaigning

There is a great number of cases, when the electoral subjects by providing citizens with tangible assets acquired for the budget money, present them as personal gifts from a candidate or party. This practice is a clear violation of the provisions of the Law[12] on banning the use of objects and resources from the workplace for campaigning. In addition, these measures contain elements of indirect bribery of voters, as candidates provide free goods and services, which is usually accompanied by mentioning the name of a candidate or a party.

If during the previous month, the most popular campaign products purchased for the budget funds were TV tuners, which were distributed by the Party of Regions, in September they were replaced by the state social program "School bus". Observers recorded numerous cases (Kiev, Vinnytsia, Zhytomyr, Khmelnytskyi, Donetsk, Kherson oblasts), when handing the keys to school bus purchased for budget funds were accompanied by campaigning in favor of the Party of the Regions:

On August22, inBorispol town, the Deputy Head of Kyiv Oblast State Administration, a member of the political council of KOOPR Tatiana Podashevska, when presenting the keys to the bus of the state targeted social program "School bus", stressed that "it is done" because of "the Party of Regions."

On September 1, at a celebration, the Head of Olevsk RSA (constituency 64,- Korosten), Zhytomyr Oblast Council deputy from the Party of Regions Andrey Dyachenko in Olevsk in constituency number 64, handing the keys to the two school buses stressed that it became ​​possible only due to the support of the Party of Regions.

On September 3, the Head of Khmelnytsky Oblast State Administration Vasyl Yadukha was on a trip at Izyaslavschyna (constituency 189). Visiting  the Sahnivtsi village in a festive atmosphere he  presented: the Sahnovetskiy secondary school and Hrystivskiy secondary school with a school bus АС-Р 32053-07 «Мriya» each that cost UAH 295,800, which were bought for state budget funds within the implementation of the program “School Bus”; the Toporivsky SPC "school-kindergarten" and Izyaslav school N4 with 5 PCs; the outpatient office of the family doctors in Belogorodka village with an Ambulance car UAZ 3741 that cost UAH 146,800 and acquired at the expense of the regional budget. The present at the celebration deputy of Khmelnytsky Oblast Council Vitaly Oluyko, a deputy candidate from the Party of Regions in constituency № 189, sincerely welcomed all the present with the beginning of the new school year and "promised to continue to do his best to address socio-economic issues in Iziaslavsk rayon. "

On September 5, the Oblast state Administration chairman Andrey Shishatskiy and a deputy candidate Andrey Ponomarev in constituency number 61 together held the ceremonial presentation of school buses and ambulance cars to Amvrosievsky rayon.

In the constituency number 60 state and regional programs "School Bus" and "School of the Future" became electoral tools of the PoR candidate Alexander Ryzhenkov. Public announcements on these programs are always accompanied by mentions of the candidate.

However, the practice of abuse of administrative resources in September 2012 was not limited to the program "School Bus" and was much more diverse. Officials ceremoniously handed gifts purchased for the state and local budget funds to institutions and organizations and opened social and infrastructural facilities financed from the state and local budgets. Activities are accompanied by campaign slogans and political speeches of officials. This created additional non-competitive advantages for the candidates, who got the support of state and local authorities.

Poltava region

In constituency № 148, the opening of a rehabilitation center for disabled children in Lubny was attended by Deputy Governor Valery Parkhomenko and the Chairman of Poltava oblast council Ivan Momot. The party symbols of the PoR was used at the event. In particular, party flags were always behind the officials and other guests, participating in the opening.

Zhitomir region

In constituency number 65 social programs were widely used for amplifying the importance of campaign information. In particular, in the city rayons newspapers (Lesin kray - Novograd Volyn rayon, Narodna trybuna - Yemilchynsky rayon, Slovo Polissia - Baranivsky rayon) the following messages are constantly repeated that thanks to the support of Vladimir Mikhailovich Litvin the residents of these areas will permanently forget about such problems as leaking roofs in schools and clubs, unlit streets, and broken roads, etc.. Most of these works are performed from budgetary subsidies, which were allocated to the district this year.              

The newspaper of Zhytomyr oblast organization of the Party of Regions "Polessky region" contains an article saying that thanks to Sergei Ryzhuk, the head of Zhytomyr Oblast State Administration and a candidate in the constituency number 62 (Zhytomyr city) and the Party of Regions 38 million UAH were allocated from the state budget for repair of water tubes, 10 million for repair of the dam and 31 million to repay the debts of Vodokanal for electricity.

Khmelnytsky region

In Starokostiantyniv (constituency № 191) the reconstruction of the Central Stadium are almost completed.  4.5 million UAH was invested from the state budget, 1.4 million – from the oblast budget, and 716 thousand UAH - from the local budget. The first Deputy Mayor of Starokostyantynova Vladimir Bogachuk said: "If it was not Mykola Derykot (a deputy candidate from the Party of Regions in constituency to number 191, the chairman of the oblast council), the main stadium would not exist. Thanks to his perseverance the city will get a new modern stadium."

Chernivtsi region

While laying the symbolic stone for the construction of the secondary school in the village Moshanets in Kelmenetsky district, which will be carried out by public funds, a memorial sign was placed, on which the names of two candidates for deputies Artem Semeniuk and Mykhailo Bauer (running in constituency number 202) were listed. The construction of the school was launched with the participation of Mykhailo Papiev, Artem Semeniuk and Michael Bauer.

Volyn region

On September 22, nearby the village Zalissia (Shatsky rayon of. Volyn oblast), the Head of Volyn oblast state Administration Borys Klimchuk and the Head of Shatsky Rayon State Administration Volodymyr Naida opened a part of a new road. Together with them, in these celebrations participated an MP Grygori Smityuh, who runs under number "49" in the list from the Party of Regions, and  he used the given word for campaigning for the party. During the official event, campaigning fro the PoR was held - along the road near the site of the event there were young people with party flags.

Donetsk region

On September, the Head of Oblast State Administration Andrey Shishatskiy together with candidates for deputies from the Party of Regions Sergei Matviyenkov and Alexei Byelym (constituencies 57 and 58) presented nine modern Peugeot Boxer medical vehicles. Mariupol received ambulance cars under the state program of reforming emergency care.

On September 14 the Head of OSA Andrey Shishatskiy together with the candidate from the Party of Regions Leonid Baisarov visited the cities Dymytrove, Krasnoarmeysk, and Dobropillya that are integrated into the constituency № 50. During the visit, the official and candidate handed to local communities four ambulances and visited the construction sites of apartment buildings.

The candidate from the Party of Regions in constituency number 43 Valentine Landyk is positioned as a participant of construction of the Children's Heart Centre in Donetsk, which will operate at the Donetsk Institute of Emergency and Renewable Surgery named after V. Husak. Officials of the Institute participated in campaign events of the candidate.

The candidate from the Party of Regions in constituency number 47 Alexei Azarov promises to the residents of villages within its district to provide assistance on gasification of settlements. In particular, Azarov together with district leaders promised to help residents of the village Zoloti Prudy of Olexandrivsky rayon to handle gasification  of their locality.

Kharkiv region

On September 6 Kharkov Mayor Gennady Kernes and an MP, candidate from the Party of Regions in majoritarian constituency number 171 Irina Gorin took part in the opening of the stadium of a Kharkiv school number 160, reconstructed under the city program "School stadium."

Mykolaiv region

Mayor of Voznesensk and an MP Yuri Gerzhov (constituency number 131) uses regional social programs (repairing kindergarten, laying asphalt, etc.) within his own campaigning and to promote the Party of Regions.

Odessa region

On September8 afestive opening of renovated inter-block road under the "People's Budget" in Suvorov district (constituency N136). Opening was held by Edward Matviychuk (the Governor of Odessa oblast) and Gennady Truhanov (PoR candidate in this constituency). The opening took place under the flags of the Party of Regions,  and campaign tents with appropriate materials was established at the place of festivity.

2.3. Involvement of civil servants and public sector employees into campaign activities of candidates and parties (during working hours)

Law[13] prohibits candidates for deputies, who hold positions in government public administrations or enterprises of different types of ownership, to involve subordinate employees and officials of the state and local authorities into campaigning or use for any work related to campaign activities. Inadmissible is also the use of the office or production staff meetings for campaigning. Ignoring these legal requirements by electoral subjects is a sign of human resource administration. The main type of this kind of abuse is the use of state employees as "extras" for campaign meetings of candidates. Local observers stress that the scale of the use of administrative resources and personnel is much greater than the number of cases that were reported. The employees of budgetary institutions are reluctant to report on violations committed by officials, fearing layoffs or pressure.

Kiev region

On September 18,2012 inBila Tserkva at 17 Yaroslava Mudrogo str., a job fair was held. At 11:00 Kyiv Regional Employment Center forcibly gathered the unemployed and students in front of the House of Culture "Silmash." There was a gala concert of the singers of the district and Tatiana Podashevskoyi awarding entrepreneurs with diplomas. By the tents of the employment service and near to the scene, which was decorated on behalf of Kyiv Oblast State Administration and Kyiv regional employment center, there were campaign tents of the Party of Regions. In the tent of the Party of Regions with a sign "Youth Vocational Centre " campaign materials were also distributed.

Kirovohrad region

On August29 acandidate for deputy of Ukraine in the majoritarian constituency number 99 (Kirovohrad) Andrey Tabalov organized a meeting with voters in regional oncologic dispensary. The meeting was held during the lunch break, but the chief doctor Konstantine Yarynich, who is concurrently the deputy of the regional council of the party "Front of Changes" (head of the regional organization of the Party - Andrey Tabalov) and the chairman of the Commission of the Regional Council of Medicine, ordered whole hospital staff to attend a meeting.

Dnipropetrovsk region

On August 30 at the Youth Art Center of Dovhyntsivsky rayon (constituency number 32) Yuri Lyubonenko, a candidate from the Party of Regions, met with voters. As it turned out after the polling of participants, the high turnout was ensured due to the presence of civil and communal employees.

Poltava region

On September21 inconstituency № 146 there was a meeting of a deputy candidate from the Party of Regions Oleg Nadosha with students of the National University named after Mykhailo Ostrogradskiy in the classroom number 121. The students should have had a History class, but the Vice-Rector Valentins Sergienko entered the classroom and introduced the MP. The candidate talked with students and asked them to vote on October 28.

Zhitomir region

In each rayon of constituency number 67 (the town of Chudniv) temporary so-called outreach groups continue their activities on clarification of social initiatives of the President of Ukraine. The group is headed by the Chief of Staff of each RSA and consists of RSA officials. Often such a group is accompanied by the Head of Chudniv district electoral headquarters of the Party of Regions M.Shvab in the trips around constituency. Usually, the groups meet with voters at the village councils, where the village heads  invite mostly local seniors in advance.

On September 6 near the village Ozera of Brusyliv region ( constituency number 66) a concert was held under the support of Vitalia  Zhuravskaya (candidate in constituency N66), where all the rayon state services were brought to on school buses: the Department of Culture, Family, Youth and Sports, the pension fund, Department of Education, Employment centre, and even the sanitation. The chairman of the RSA Vasil Shpakovich was managing everything by himself. In his speech he stressed how many good deeds were performed by the rayon candidate - gave out tuners, repaired roads, - and people should vote only for Zhuravsky. The concert took place during working hours.

Chernivtsi region

In fact, in all areas of constituency number 204 there recorded cases of involvement of the representatives of budgetary institutions into campaign events for the candidate from the Party of Regions Artem Semeniuk held within working hours. On September4 inSokyriany rayon meetings with teachers of the villages Serbychany, Lomachyntsi and Kobolchyn were held.

Also, during a visit of Nestor Shufrych to Bukovina representatives of budgetary institutions were involved in his meeting with voters on September 6. During the event in the village Kelmentsi one of the attendees infirmed the observer that every public institution of Kelmenetsky district was forced to delegate at least 5 people to participate. The same situation happened at a meeting of Nestor Shufrych and Artem Semeniuk with voters in Khotyn (September 6).

Volyn region

On September 6 observers found out that the organizational department of Lutsk rayon state administration (constituency number 20) sent to rural district councils via e-mail an explanatory note on the interpretation of the Law "On Elections of People's Deputies." The document, entitled "Memo on violations", in addition to the general presentation of the provisions it was stated that the dissemination of deliberately false and defamatory information about the Party of Regions is a violation of the election law. Although, later on the RSA officials explained the mailing as a simple human error, observers believe that the rayon administration officials deliberately oriented local government officials to not allow campaigning against the ruling party.

Donetsk region

The candidate from the Party of Regions in constituency number 45 Yukhym Zviahilsky actively holds meetings with local communities of his district within working hours. On September 14, 2012 at 11-00 inthe boardroom of Avdeyevka City Council a meeting of an MP Y.Zviahilsky with community and city leadership. During the event, they discussed road and conduit repair, supplying coal to the privileged categories of citizens, need for playgrounds in the city courts, the problems of implementing health and pension reform and more. Formally, the activity is presented as the fulfillment of his deputy duties, however officials of government and public institutions are openly involved into campaign events.

2.4. Placing campaign materials at buildings and inside public administrations, institutions and organizations of state and municipal property

Local observers regularly record incidents of breaching the legal[14] ban on placing campaign materials and political advertisements on buildings and inside state and local administrations, as well as in the institutions of state and municipal property. The heads of relevant agencies and organizations, whose knowledge or omission  led to the illegal placement of campaign materials, are liable for such violations.

Chernivtsi region

On September 4 the Head of Sokyryany rayon administration Vasyl Kozak used the meeting of school teachers’ from the villages Serbychany, Lomachyntsi and Kobolchyn for campaigning for deputy candidate Artem Semeniuk. The meetings organized by Vasyl Kozak and Artem Semeniuk were accompanied by the spread and placement of campaign materials. Thus, in Serebychany village the campaign materials were placed on the stand in the hallway of school and separately distributed by the on-duty-staff of the educational institution. In Kobolchyn village, the meeting was held at the Museum of pottery, where campaign materials for Artem Semeniuk were also spread.

Dnipropetrovsk region

Inside the financial department of Vasilkov rayon administration OPORA observer recorded the placement of campaign flags with the symbols of the PoR and a calendar depicting Yuri  Samoilenko, a deputy candidate in constituency number 39 from the Party of Regions.

Kharkiv region

In communal facilities of Kharkiv (schools, kindergartens, hospitals) campaign materials for  majoritarian candidates from the Party of Regions were found. In particular, the stands "They care about education" or "They care about the health of the nation" contained among the pictures of the heads of the oblast and Kharkiv, as well as Kharkiv rayon administrations the photos of candidates from the Party of Regions, or sole portraits and posters of candidates pro-government mazhoritarian candidates Valery Pisarenko (constituency number 168) placed in the 14th City Children's Hospital, an urban clinic number 8, at school № 131 and technical college № 45; Irina Berezhna (constituency number 169) - in specialized schools number 62 and number 17, school № 36; Irina Gorina (constituency number 171) - in kindergarten № 267 and school № 2; Vladimir Mysyk (constituency number 172) - in school №168. Asimilar stand with the name of a charity foundation "Building the Future Together" and a portrait of the candidate from the PoR in constituency number 175 Vladimir Katsuba is in the lobby of the Department of Education of  Dergachi RSA.

Odessa region

In constituency number138, atable with campaign materials of the Party of Regions was placed inside the building of Lyubashivska RSA, over the place of the guard a poster promoting Ivan Fursin and a PoR flag were located. In public office of the Head of Lyubashivska Rayon Council the newspapers "Fursin’s Fundation" were laying  on the table during the visit of the observer. An Ivan Fursin poster was also hanging in the public office, which are also placed in the premises of Lyubashivska village councils.

Kherson region

In the period of September 7-13 inthe premises of the Executive committee of Kherson City Council the distribution of newspapers of the regional organization of the Party of Regions by officials of local authorities were repeatedly observed.

In the central district hospital in Vilnianska campaign materials for the pro-government candidate from the Party of Regions in constituency number 82 Alexander Dudka are placed.

ARC

Violations were recorded in a branch of children's clinic of the 2nd Children's Hospital in Simferopol, address 109 Havena str., where by the registration window there hangs a poster of a candidate Alexander Batalin. The head of this medical institution answered the addressed to her question about the violation saying that she had received the appropriate order, but did not specify from whom. The same posters are recorded in the Municipal executive committee of the Kiev district.

2.5. Official announcements of state and local governments go along with campaign information

Uncontrolled is the situation with the operation of official websites of local authorities and local governments, where campaign messages periodically appear. A typical violation is the posting on the web portals of information, where officials’ performance of duties is accompanied by mentioning them as candidates on elections, or their affiliation to a party, which is the subject of the election process. This is a direct violation of paragraph 4 of Article 68 of the Law "On Elections of People's Deputies of Ukraine".

Poltava region

The sites of Lokhviska, Pyryatynska and  Chornokhynska rayon state administrations in the period between September 1 till September 20 posted seven materials that mention Mykhailo Krivoshey, who heads the State Financial Inspection in Poltava region and is a candidate for people's deputy in constituency N151. The materials and articles also contain his picture and indicate that M.Krivoshey is a candidate for people's deputy.

Kiev region

The official website of the Kyiv Oblast State Administration released information about the Head of the Kyiv Oblast State Administration Anatoliy Prysiazhniuk, who initiated the trip of 152 talented students from Kiev to Heraklion on September 17. The photo presents the children holding a poster with campaign symbols of the Party of Regions.

Luhansk region

On the website of Kam'yanobrodska rayon council in Lugansk the information was posted that on September 1, on the day of 89 anniversary of Kam'yanobrodsk founding, candidates for people's deputies of Ukraine from the Party of Regions in single-mandate constituencies number 104 and 105 Vladimir Goncharov and Sergey Gorokhov organized a festivities, such as concerts, entertainment, games, exhibitions and competitions for residents of all the age groups. At the same time, campaign materials of the candidates from the in-power party in constituency N104 Vladimir Goncharov appeared on the official website of the Mayor of Alexandrovsk. The materials on the web-portal state that due to the support of Vladimir Goncharov’s Charitable Foundation playgrounds were equipped with slides, swings, ladders and more.   

2.6. Influence of law enforcement agencies on parties or candidates

Observers have not recorded any facts of systematic planned influence of law enforcement bodies on political parties or candidates. Except for Luhansk, where the brand of 2012 campaign is causing pressure on some deputy candidates by the police; in other regions of Ukraine single cases of intimidation and attempt to pressure the candidates during the conduct of political campaigning were recorded. First of all, the law enforcement bodies put pressure on the opposition parties and candidates. Thus, in Lugansk, in particular, these were the representatives of the party "UDAR" and a group of non-partisan candidates, who compete with the nominees from the Party of Regions in majoritarian constituencies. Other cases of pressure on candidates and parties that are the electoral subjects (VO "Motherland", "Ukraine - Forward" and self-nominated candidates) caused by LEBs were recorded in Cherkassy, ​​Kirovograd, Vinnitsa, Kiev, Rivne oblasts and Crimea.

Luhansk region

On August 29, inLugansk representatives of Donetsk Directorate for Combating Organised Crime arrested Sergey Zlobin, Chief of Staff of Lugansk regional party organization "UDAR" in constituency N105 in his own apartment. Officers of Donetsk DCOC searched the apartment, seized two laptops belonging to “UDAR” district headquarters. Zlobin was arrested and taken to Donetsk for questioning. The formal reason for arrest was the investigation in a criminal case against a relative of the detained living in Donetsk. The next day, Sergei Zlobin was released from custody. Lugansk regional organization of "UDAR" held a press conference, where it declared that the detention was due to the political activities of the party UDAR.

On September 19, before the Vitaly Klitschko's visit to Luhansk, police raided one of the county election headquarters of "UDAR". The reason for the raid was a laptop stolen from the landlord of the premises rented by the headquarters. The party called it the continuation of putting pressure on party activists and obstruction to Klitschko’s meetings with voters.

On September 10, the city branch of the Department of the Ministry of Internal Affairs of Ukraine in Luhansk region on suspicion of having committed an offense under Part 1 of Art. 296 of the Criminal Code of Ukraine (hooliganism), Sergey Shakhov (07.05.1975), a businessman and candidate for deputy of the Verkhovna Rada of Ukraine in constituency № 107, was arrested. Sergey Shakhov is the leader of a non-partisan candidates' teams from Sergei Shakhov, who act as  opposition to the Party of Regions.  

On September14, inthe town of Stakhanov, Luhansk region, communal enterprise "Renaissance" was searched by the police. As a result, all the computers of the enterprise were removed. Acting Director Yuri Furman is a deputy candidate in the single-mandate constituencies N106, a member of the non-partisan group of candidates from Sergei Shakhov’s team. Despite repeated appeals of observers to the press service of the regional police official information on this fact and the reasons for search in the communal enterprise were not provided.

On September 3, 2012 during the consideration of appeal of Vladimir Struk, a deputy candidate in constituency №104 (on appealing the conviction), the court granted it partially. However, according to the judgment, the severity of the crime has been changed from medium to small, (but that does not give him the opportunity to run for Parliament of Ukraine because of convictions). During the trial V.Struk stressed the political non-transparency of the process, announced that the elections to the Verkhovna Rada of Ukraine he would support the candidacy of Igor Martynenkov (owner of LLC "Shahta"Belorechenska" also running in the constituency number 104) and urged his supporters to support Igor Martynenkov. It should be noted that Vladimir Struk was a high-rated candidate in the district that could compete on equal terms with the majoritarian candidate from the PoR.

Cherkasy region

In constituency №197 inthe town of Zolotonosha, Cherkassy region, on September 8 police officers demanded from the activists of "Batkivshchyna" to remove a stand featuring Sergei Tulub, Viktor Yanukovych, Azarov and the inscription "Gang – get away," arguing that "Batkivshchyna" carries out "black campaigning." According to Anatoly Stadnik, the chief of precinst police inspectors of Zolotonosha MIA, the police compiled an act on infringement and sent it to the DEC to determine whether there is an infringements of the rules of campaigning.

Kiev region

On September 8, according to the information from the candidate for people's deputies of Ukraine from Joint Opposition "Batkivshchyna" Viktor Romaniuk, in Vasylkiv town, Kyiv region, campaigners from “Motherland” were detained and sent to the police station. A few hours later they were released. The reason for the detention, according to law enforcement officials, was campaigning in undesignated areas.

In the town of Tarashcha, Kiev region, police and representatives of a deputy candidate in constituency № 92 from the PoR Sergei Katsuba tried to get rid of campaigners for Vitali Gudzenko (self-nominated) standing in the campaign tent, which was placed at 63 R. Luxemburg str.

Kirovohrad region

Self-nominated candidate in the constituency number 103, Ludmila Davydenko, publicly stated that after leaving the ranks of the Party of Regions, ​​furious pressure was put on her and her trustees, including the Mayor of Alexandria Stepan Tsapyuk, by the law enforcement bodies of regional subordination. The pressure is put by means of unjustified and unscheduled inspections, arrest of documents, intimidation of local government officials. On September1 acar of the candidate’s trustee was smashed. The driver of the City Council Administration, driving a candidate for business trips, is questioned.

Vinnytsia region

According to the information provided by the coordinator of the NGO "15 community», on September 10 the law enforcement officials of the Sharhorda town checked the lawfulness of the tent installation, which was conducted within campaigning for candidates in majoritarian constituency number 15 Vasyl Vovk. The reason for checking was the statement of a resident of  Habalivka village Mamoschuk A.M. submitted to the Chief of Shargorod District Police (Vinnytsia region) of 08.09.2012, in which she reported on the violations of election legislation by NGO "15 community." The essence of the violation was the lack of permission to install tents, which was conducted campaigning for the candidate V.V.Vovka (born on 10.09.2012). The same statement was filed by the resident of Penkov. In response to the listed statements district inspector asked for explanations the person, who for the moment of the checking was in the tent, and later the coordinator of the NGO "15 community." Although the copies of the statments, registered in the city council, on the installation of campaign tents were presented, police officers reported that they will compile protocols on administrative violations. According to the coordinator of the NGO such checking of the legality of the campaign tent installation were held in other towns of Shargorodsky rayon.

Rivne region

On August 27 the police came to the home of a deputy candidate from VO "Svoboda", a member of the Rivne municipality, Andrey Bortnik running on party list. Officers of the Department on Combating Cybercrime of Rivne MIA said that the cause of their arrival was a comment left on one of the local sites announcing the burning on the central square on the Day of the Rivne City of an effigy of the Mayor Vladimir Khomko, who is also a deputy candidate in constituency number 152, the same where Oleg Osuhovskyy, a party-comrade of Adrey Bortnik, is running.

On September 8, the police confiscated the car brought from Spain belonging to the deputy head of Rivne district election headquarters of "Batkivshchyna", a rayon council deputy. The official reason for such actions committed by the police was the document with the information that the car was stolen. When police confiscated the vehicle, it discovered in the trunk a banner and leaflets for the candidate in the constituency N153 from the united opposition Yuri Voznyuk. The police did not confiscate campaign materials and allowed the owner of the car to take them away. Vladimir Pilipchuk relates the sudden confiscation of the vehicle to the fact that the car was seen in campaign activities. According to Pylypchuk, two weeks ago, when he was spreading the campaign materials, two men videotaped a car and wrote down the plate number.

3. Pressure on mass media and conflicts

In September, some instances of impeding journalist activities and election conflicts were recorded. They were not of a massive scale, but in some cases physical force and threats were used, which is unacceptable.

3.1 Pressure on the mass media

September 13, organizers of the Party of Regions candidate Serhiy Klyuev’s meeting with voters, in OED #46 (Donetska oblast), physically forced the Donetsk journalist Serhiy Furmanyuk to leave the premises of Artemivsk House of Culture. The journalist’s clothes were damaged as a result of the struggle. According to Furmanyuk’s testimony, the conflict began when security people recognized him to be an opposition journalist. At various times Furmanyuk coordinated local opposition information projects. Serhiy Klyuev’s representatives did not comment on the incident.

September 5, at the meeting of the self-nominated candidate in OED #133 Ihor Markov with voters, the Deputy of Odessa Oblast Council from the Party “Rodina” Kostyantin Grinchenko spoke threats and offences to the journalists  of the internet-based newspapers “Dumska” and “Hrabro”. Later, the Deputy apologized for his conduct, after which one of the journalist withdrew his complaint to the Prosecutor’s Office.

September 10, in the town of Krasnogorivka, the People’s Deputy, the candidate form the Party of Regions in the ED #59 Oleksandr Vasiliev was having his meeting with voters, during which he threatened the local TV channel “Kapri”. The candidate Oleksandr Vasiliev said: “Do you hear me? Take this camera away from here. When I am telling you – you take it away! Or I will throw it right there ... Do you hear me? Take it away!”. The Vice-Mayor of Krasnogorivka Roman Savochkin pulled the tripod with the camera. The unknown persons from the candidates surrounding have brutally ordered the journalists to leave the meeting venue. According to the journalists’ testimony, police representatives were standing close by and passively watched the situation. The director of the “Kapri” channel is the candidate of the EB “Batkivschina”, who is running for the Deputy’s office in the same district.

In several regions there were records of impeding the work of journalists from the Paper “Tochka OPORA”, founded by the All-Ukrainian public organization  “Civic Network “OPORA”.

Instances of impeding the work of journalists from the “Tochka OPORA” news-paper:

  • September 18, in the village of Domantove (OED #197, Cherkaska oblast) the self-nominated candidate Bohdan Gubskiy an the members of his team did not allow the journalist from the “Tochka OPORA” to attend the meeting with voters. Gubskiy personally called the journalist a provocateur and ordered his entrusted persons not letting the journalist in.
  •  September 12, the journalist from the “Tochka OPORA” news-paper was attacked by the unknown person at the meeting of the candidate from the Party of Regions in OED#155 Mykola Sorokin with voters. At the beginning of the candidate’s speech, the journalist was approached by the unidentified person, who  demanded him to stop filming and leave the venue. After being refused, he has blocked the lens with his hand and with force pushed the journalist out of the room. The unidentified person threatened the journalist saying he would loose “both his equipment and his health”. According to the victim’s testimony, the person impeding his journalist activities was present many times at Mykola Sorokin’s meetings with voters.
  • September 20, some members of the District Commission of the OED#54 (Donetska oblast) told the journalist from “Tochka OPORA” he had no right to be present  at the lotting of the candidates to the District Election Commissions.

OPORA believes, the recorded instances are brutal infringements of the journalists’ rights guaranteed by the Constitution of Ukraine and the Laws of Ukraine “On Information” and “On printed Media”. Candidates to the People’s Deputies or other persons not recognizing these rights may  pose serious risks to the standards of the election process. A striking feature of the recorded instances of impeding Media is the fact that threats to journalists were openly spoken by public figures.

3.2 Pre-election conflicts with participation of journalists

In Kirovogradska oblast the conflict took place between the EB “Batkivschina” and the local news-paper “21 Kanal”. September 7, Leninskiy District Court, in response to the appeal from  EB “Batkivschina” recognized activities of the “21 Kanal” news-paper, which had published poll results without naming the ordering-party and polling institution, as unlawful. According to the Part 2 Article 67 of the Law of Ukraine “On Election of the People’s Deputies to the Verkhovna Rada of Ukraine”, information agencies and mass media when publishing results of election-related polls are obliged to state the full title of the organization carrying out the poll, the ordering party of the poll as well as other information envisaged in this Law. According to the Part 1, Article 67 of the aforementioned Law, polling enterprises, bodies and institutions have the right to publish results of such polls, related to the elections, with necessary references to the time of polling, the territory covered, size and methodology of sampling, polling methods, precise wording of questions and possible statistical errors. Representatives of the “21 Kanal” news-paper did not recognize legal grounds of the appeal and held the protest rally against the intervening of the EB “Batkivschina” into their editorial policy.

In the OED # 131 (Mykolaivska oblast) the news-paper “Hryvnya” stopped its activities, founded by the public enterprise  “Regspod”. According to the official version, the reason for closing the media was economic unprofitability of the edition. At the same time, the journalists say that financing might have been cut because of the critical materials about the Mayor of the town of Voznesensk, the candidate from the Party of Regions Yuriy Gerzhov. The latter resolutely denies accusations of pressure on media and says he stands for saving the news-paper.

September 17, the press-service of the EB “Svoboda” stated that its campaigning film was not permitted by the Cherkasy OSTRC “Ros” for broadcasting during the time sponsored from the State Budget of Ukraine. The Director of the OSTRC “Ros” Larisa Efremova stated that the film cannot be shown since it contains calls for breaking the existing constitutional order.

In the city of Kharkiv, the conflict has been recorded with participation of mass media and police. August 28, the officers of the Oblast Department of Fighting Economic Crimes conducted the search in the premises of the “Basis” Bank, related to the candidate from the EB “Batkivschina”  (#24 of the candidate list) Arsen Avakov. During this action police officers searched the premises rented by the news-paper “Holovne”, taking its autonomous server.

At the national level, Civic Network “OPORA” has also followed the developments of the conflict between the TV channel “Tvi” and taxation bodies. The observers have recorded problems with broadcasting of this media through the cable networks of various cities and districts.

4. Infringements of the legislation on campaigning

Candidates and political parties – subjects of the election process – use methods of campaigning which directly contradict to the norms of the Law. In September, instances of posting campaigning materials in the premises of state bodies, institutions, and public enterprises became more frequent. There are many instances of campaigning in public transport, which is prohibited by the Law. There are also many instances of distribution of campaigning materials without editorial information.

4.1. Campaigning by state officials and foreigners

The Law “On the Election of the People’s Deputies” limits possibilities for campaigning for certain groups of people. These include foreigners, state officials in their business time, members of election commissions and children. Most frequently, surprisingly enough, the infringements are committed by state officials.  Many leaders of state district and oblast administrations are, at the same time, leaders of the local party entities. Officials, while being at their work places, show their political preferences and openly campaign for political parties and candidates, helping politicians with the campaigning activities. Candidates are often invited to participate in the official events organized by state bodies and institutions.

Examples:

  • September 29, in the building of the House of Children and Youth in the town of Dubno the Conference of Educators has been held. State officials, particularly the Head of the Dubno DSA Danilo Korilkevich who is running for the deputy’s office in the ED#154, was present, among others, at the event. Durng the Conference, the Vice-Mayor of Dubno Oleksandr Karpyuk expressed his support  to the candidate  Korilkevich;
  • September 11, the leaders of Gusyatin State District Administration  in Ternopilska oblast, including the Head of the DSA Oleksandr Soban organized the meeting with public emploees of the four villages during business hours. During this event state officials campaigned for the candidate in the ED #166 Nadia Hoptyan (self-nominated). Officials from departments and boards of the DSA were present at the event too;
  • September 21, the Vice-Head of the Korosten District State Administration (ED #64, Zhitomirska oblast) Vasyl Klimenko accompanied by the candidate from the Party of Regions Volodymyr Pehov during his business hours campaigned for the pro-government candidate in the building of the DSA. Later, he distributed leafleats with the portrait of Mr. Pehov in the several villages of the Korosten district.

Sometimes, state officials use web-sites of their organizations for campaigning, which also is an infringement. There are numerous facts of outdoor campaigning advertisements with portraits of the state officials.

Examples:

  • September 7, 2012, the article titled “I am not ashamed to come to people, cause I have always been and will be standing for their interests”, which had signs of a campaign materials, was posted in the “News” column of the web-site of the Chihirin District State Administration and Chihirin District Rada (www.chigirinrda.org.ua). The article told about the intentions of the Vice-Head of Cherkasy Oblast State Administration Oleksiy Holovko to run for the People Deputy’s Office from the Party of Regions in the 195 Election District. On September 10, the web-site posted another publication “The Cup of the Head of the Party of Regions”, which contained information about the foundation of the football competition for the Cup of the Head of the District Organization of the Party of Regions. The Court recognized these actions of the District State Administration and the District Rada as unlawful and forced them to remove these materials from the web-site.
  • The Mayor of Dnipropetrovsk Ivan Kulichenko participates in campaigning for  the candidate Anatoliy Krupskiy, running in the OED # 24, by placing outdoor advertisements (bill-boards).
  • There are billboards placed in all district capitals of Khersonska oblast, belonging to the ED #184, containing images of town and village mayors together with the candidate from the Party of Regions Mykola Dmytruk.

There are singular instances of infringement by involving children and foreigners in campaigns, At the same time, observers have recorded the facts of involvement of Church representatives13.

Examples:

  • In the city of Luhansk the outdoor advertisement has been recorded for the candidate Vladyslav Kryvobokov (ED #105), which contained state symbols14 of the Russian Federation and the name of the President Putin. The bill-board urges voters to vote for Kryvobokov since he is of the same mind with Mr.Putin;
  • September 9, at the celebration of the Day of the Town of Zdolbuniv the teenager campaigners for the Party of Regions. The children were dressed in the clothes with the party symbols and held the banners of the political party. Invited by the candidate to the People’s Deputies in the ED #154 Danyl Korilkevich the children’s wind-band “Smyga” performed at the celebration. The band-members wore caps with the name of the candidate.
  • In Poltavska oblast, the instance of campaigning by the member of the District Election Commission of the ED #145 Olena Petrenko on demand of the party “People’s Labour Union of Ukraine”  was recorded. The Commission member was dressed in the campaign clothes and ditributed campaigning materials from the marquee of the Party of Regions, placed in the canter of the city of Poltava.
  • August 24, in Rivnenska oblast, in the Bogoyavlenskiy Cathedral  of the town of Ostrog, the arch-bishop of Rivne and Ostrog Varfolomiy while addressing his parish expressed his belief that if the candidate from the Party of Regions in the Election District #153 Anatoliy Yuhimenko wins the election he will be taking care of his land and the Church;
  • August 28, at the church service at the Svyato-Uspenskyi Temple of the town of Zdolbuniv in the Rivnenska oblast, the Arch-Bishop of Rivne and Ostrog Ilarion expressed his gratitude to the Head of Dubno DSA and, at the same time, to the candidate in the Election District #154 Danyl Korilkevich for the donations to the Church. After the service the floor was given to the candidate himself who reminded all present about his donations for reconstructing and building new churches.
  • The candidates and their sympathizers, holding leading positions in the state bodies and Budget-sponsored institutions, at times abuse their power and involve their subordinates  into campaigning.  From the formal point of view, the Law places limitations on such acts on the candidates only giving grounds for power abuse by their followers:
  • In the village of Zarya in Odeska oblast (ED #142) the mayor ordered the employees of the public enterprise under the Village Council to place banners of the Party of Regions on the buildings.
  • In the city of Lviv (ED #115), the candidate from the Agrarian Party of Ukraine and the owner of the large market-place “Shuvar” Roman Fedishin gave order to the employees, residing in his district, to place campaigning posters in support of their leader at their balconies.  Another candidate in the same district Dmytro Dobrodomov (the Party “Udar”) involves employees of the TV channel “ZIK”, where he is a General Producer, for campaigning.
  • In the Election District # 155 (Rivnenska oblast) the candidate to the People’s Deputies from the Party of Regions Mykola Soroka uses the students of National University of Water and Environmental Management for campaigning for him. The candidate holds the position of the acting Rector. Students of various departments were involved in celebrations in the District. August 28, they performed for the citizens of the district capital, the town of Volodymyrec on the Day of the Foundation of the town;
  • Campaigning advertisement for the candidate from the Party of Regions in the ED#15 Mykola Dzhiga (the Head of the Oblast State Administration) was placed on the advertising surfaces of the Ministry of Emergencies designed for social advertisements. In addition to that, the campaigning materials for Mr. Dzhiga were posted by the employees of the Territorial Administration of the Ministry of Emergencies using special equipment;
  • August 29, at Kirovograd Oblast Cancer Clinic the meeting of the candidate from the EB “Batkivschina” (ED #99) Andriy Tabalov with the employees of the instituion was held. The meeting took place during the lunch-break, but the Head Physician ordered all employees to attend the event.

4.2 Campaigning at prohibited places.

One of the most common infringements is placing campaigning materials in the buildings of state bodies, institutions and publicly owned enterprises. This type of infringement also includes using the premises of state bodies and local government for campaigning events.

Examples:

  • Campaigning materials for the candidate from the EB “Batkivschina”  Anatoliy Dyriva were placed on the information board of in the building of the Town Council of the town of Yavoriv in Ivano-Frankivska oblast (ED#86);
  • In the town of  Haisyn, a poster with campaigning materials for the self-nominated candidate Mykola Kucher (ED #17) was placed in the administrative building of the Haisyn District Department of the Central Administration of Agriculture and Food next to the public admission-room of the Party of Regions;
  • Campaigning flyers with the image of the candidate from the Party of Regions Vyacheskav Zadorozhniy were found  in the premises of Kriviy Rig National University and of Public Circus (ED #33, Dnipropetrovska oblast). Instead, small campaigning flags of the Party of Regions and the calendar containing the image of Yuriy Samoilenko, the candidate in the Election District 39 from the Party of Regions were discovered in the building of Financial Administration of Vasylkiv District State Administration;
  • In the town of Horodok in Khmelnitska oblast,  (ED #192), the campaigning posters supporting the self-nominee Oleksandr Gerega were placed in the publicly owned premises, specifically in the library and the Center of Land Cadastre. Instead, the Printing House, which is a publicly owned enterprise, there hangs the banner of the Party of Regions.

Ongoing campaigning with use of public transportation vehicles and transport stations. Politicians use different  types of public transportation : from trolleybuses to trains; different types of advertisement: leaflets, flags, posters, banners, video ads.

Examples:

  • On August 30 observers fixed a poster featuring self-nominated candidate on district 21 (center – Kovel city, Volyn oblast), head of Kovel rayon administration Ivan Smitjukh.  Poster located in a bus on the route Kovel – Novovolynsk had a name of the candidate, number of the district he is standing in, and candidate` s message on it.
  • Another instance of posting advertisement in public transportation had been fixed in Kyiv. Materials of the UDAR candidate Mykola Babenko (district 211) are posted in several buses on several routes. In a bus 222 observers fixed campaign materials of the candidate Oleksandr Pabat, with no outgoing information.
  • In the district 87 (Ivano-Frankivsk oblast), in a bus travelling between villages of Dolyna rayon and rayon center, observers fixed materials of the self-nominated candidate Vasyl Brus. Materials of Our Ukraine candidate Petro Shkutyak was placed in a public transportation vehicle on the district 86;
  • On the beginning of September in Poltava city (districts 144 and 145), buses on the rote  20 “Kiltseviy” became a carriers for political advertisement for Party of Regions. A big collage with party colors and slogans: “Party of Regions. From stability to prosperity” had been posted on sides of the vehicles. Also there were cases of placing small flags with party symbolic and party brand in buses on the route 16, in the city of Kramenchuk;
  • Portrait of the self-nominated candidate Volodymyr Melnichenko and his message: “Lets do many good things together and everything will be good!” had been placed on the municipal transport in Kamyanets-Podolskiy (district 193, Khmelnitska oblast),

4.3.  Campaign materials with no outgoing information

Wide spread materials with no outgoing information is an evidence of violation of the law on campaign financing. Despite clear requirements participants of the electoral process keep violating the law, not posting the information about ordering party and circulation number. This applies not only to “black PR” materials, but also to the official campaign materials of the candidates.  If parties are entitled to print posters on their own equipment, self-nominated candidates have not been granted a right to do so.

Examples:

  • In Frunzenskiy rayon (Kharkiv, district 171), observers fixed posters of the single-mandate candidate from Party of Regions Iryna Gorina, with no outgoing information;
  • In Kyiv, self-nominated candidate Aliona Kochkina is distributing her materials without outgoing information. Same in district 213, where leaflets of the candidates Valeriy Borysov and Yaroslav Bystrushkin were distributed without necessary information;
  • In district 131 in Veselinovo, Yelanets, Domanivka and Voznesensk (Mykolaiv oblast) observers fixed tents of the Communist party distributing campaign materials without proper information;
  • In Odesa oblast, in district 134 observers found campaign materials of UDAR party, with no needed information;
  • In Ternopil, self-nominated candidates Ivan Chaikovskiy, Anatoliy Vykhrushch (district 165) and Mykola Grygoriy (district 163) also were distributing materials with no outgoing information.

To publish a polling data without mentioning all needed data is also a violation of the law. Number of such cases is increasing constantly, mostly in local printed and internet- media.

Examples:

  • In Chernigiv oblast in the newspaper “Read yourself – pass it forward” (№2 from 07.09.12) polling data is presented without mentioning information necessary in such cases;
  • In Kirovograd, newspapers «21 channel» (№35 from 30.08.12) and “Kirovograd Pravda” (№62 from  31.08.12) published data of the joint polling organized by 4 companies. But, no information on who ordered the research was presented. Same information is absent in newspaper “Haivoronski visti” (№76 from 22.09.12), who published results of the polling by Central Ukrainian Sociological Laboratory.

5. Obstructions to campaign for parties, candidates and their proxies.

Penultimate month of the election campaign had demonstrated negative trends on increasing the number of instances of cresting obstacles to campaign for candidates, parties and their proxies. Thus, in September OPORA observers noted 117 such a cases. Instances of violations towards the candidates are worrying. The closer to the election day, the more tense pre-election situation is. 

The most generalized cases of obstruction during the reporting period are:

  • spreading untruthful information and using “black PR” technologies;
  • defacing and destroying campaign materials and properties of the participants of the electoral process;
  • obstructions for distribution of campaign materials;
  • denies in providing the premises, access to media and participation in public events;
  • threats and intimidations towards supporters of the candidates;
  • pressure and intimidation of voters due to their political beliefs.

5.1. Spreading untruthful information and use of “black PR”

One third  of all the cases of obstruction to campaign for the parties and candidates are instances of using of black PR and distribution of untruthful either defamation against politicians. This method of anti-agitation is being used the most widely against single-mandate candidates.

One of the types of the “black PR” is materials with defamation against politician or the party, inappropriate photo-collages featuring candidates, offences. Observers also fixed instances of distribution anti-agitation materials with no outgoing information.  

Examples:

  • In district 91 on the bus stop “Seleznivka village» (Skvyra rayon, Kyiv oblast) observers noted posters with well-known “babushka with cat” vowing to vote against MP candidate Mykhailo Poplavskiy, but this time she had willed a house to piggy Borka;
  • In September in Chernigov (district 205) unknown were distributing materials against Oleksandr Sokolov, MP PoR candidate and incumbent mayor. In the beginning of the month, posters with no outgoing information had been glued on the information boards. The candidate was called “Chechtov`s button-pusher”. In mid-September posters with no outgoing information, featuring half-face of the candidate and the text “Warning. Pro-government candidate. 12 years of destroying Chernigov” were distributed across the city;
  • On the beginning of September anti- materials against MP candidate, incumbent mayor Volodymyr Khomko were distributed in tower-blocks of the city of Rivne. A brochure “Anonymous. Agreement with the devil ” (4 glossy pieces of paper A4 format) is telling that Khomko is already a “tushka” and agreed to join pro-president coalition. In return, he is going to get from Presidential Administration money compensation and control over the enterprises in the region. The same leaflet with “black PR”  was distributed against Batkivshchyna candidate on the district 22 Petro Kravchuk, in Lutsk;
  • On September 13 in the urban village Olyka and the village Metelne Kivertsivskiy rayon (district 23) unknown were distributing leaflets against Batkivshchyna candidate Anatoliy Grytsuk. Candidate had been accused in destroying a faction in oblast rada , in stealing lands and forests, and being called a swindler. “Don’t let them fool you! Don’t vote for swindlers, who pretend oppositioners!” – calls a leaflet;
  • In Chernivtsi (district 201) on the night from 17 to 18 of September unknown had been distributing leaflets without outgoing information, featuring one of the leaders of United Opposition Arseniy Yatsenjuk as a puppet. Unknown authors claiming Arseniy Yatsenjuk is a “puppet in government`s hands and on the take”;
  • On September 21 black coffin was sailing down the river with inscription “Chuchka get out of Batkivshchyna!”. Pavlo Chuchka standing is a self-nominated candidate in Uzhgorod city (district 68);
  • In Ternopil oblast in district 165 (center – Zboriv city), on September 18 posters of single-mandate candidate Ivan Chaikovskiy have been glued with the stickers with the inscription “Warning! Party of Regions swine!”  and a picture of the pig;
  • In the middle of September in Zhytomyr city and in Chudniv city (district 67) leaflets had been distributed against MP candidate from Svoboda Sidor Kizin. On the paper A4 format there was a picture of the candidate in the military form of german army and natsi symbolic, and also candidate was accused in raiding attacks;
  • On September 2, in Mukachevo unknown were distributing a newspaper «baloge.net».  On the 4 papers of A4 format they put materials against Viktor, Ivan and Pavel Baloga. Main page featured Viktor Baloga with the crown on his head. On the background – a geographic map of Zakarpattya oblast and road sign “STOP”.

The cases of “fake” leaflets and newspapers are getting frequent. For this purposes, technologists used not only party names and brands, but also outgoing information identical to an origin one. Quite often fakes had similar design and had been printed on similar materials, so voters didn’t realize form the very beginning that they are given a fake.

Examples:

  • On September 19 in Kharkiv on Poltavskiy shlyakh street and nearby metro stations young people had been distributing a fake United Opposition newspaper. Format and typography of the newspaper had been similar with the original, but the content – defamation against Arseniy Yatsenjuk, Oleksandr Turchynov, Oleksandra Kuzhel, Arsen Avakov, Anatoly Grytsenko;
  • On September 17 in Shostka city, Sumy oblast in porches of several buildings appeared announcements about charity event: distribution of the food packages in public offices of the candidate Igor Molotok. But, when about 50 people came in an appointed time, Molotok claimed that this announcement is the provocation of his opponents, and he is not buying votes, but running a fair campaign. Candidate`s layers filed a complaint to law enforcement bodies;  
  • In the district 86 leaflets against Batkivshchyna candidate Anatoliy Dyriv were distributed in the district 86 (center – Dolyna city of Ivano-Frankivsk oblast).  Materials were stylized similar to his own campaign materials. Candidate was claimed as standing for Tax union with CIS countries, and two-side consortium with Russia. Moreover, on the district stickers were distributed saying that real candidate from United Opposition is Volodymyr Grabovetskiy (self-nominated, former party fellow for Dyriv in Front of Change). “Dyriv`s name in a list of the opposition is a dirty stain on their reputation, which can prevent opposition from the victory”;
  • In Ivano-Frankivsk from the name of the candidate Oleksandr Maksymovych (district 83) unknown were distributing posters with Svoboda symbolic, and stylized with the colors of LGTB, with prescription: “Head of Svoboda faction OLEKSANDR SYCH”. As was said, the candidate is supporting prostitution, gay marriages, light drags, etc;
  • From September 6 to September 10 on the streets of Symferopol and in the mailboxes of the buildings appeared fake “oppositional” leaflets with the call to take part in paid rally in support of Yulia Tymoshenko. Supposedly, text was written on behalf of UO “Batkivshchyna”, calling youth to take part in rally for money: “Young and active citizen of Crimea, please take part in mass protests in support of Yulia Tymoshenko! Payment guaranteed”;

Recently it became popular to use for anti-campaigning different civic unions and movements. In September observers discovered campaign materials with logos and brands of “Vidsich” and “Chesno”. Even civic network OPORA became an object for manipulations. On September 22 in Lviv on the territory of the district 117 unknown distributed stickers with prescription “Why Stetskiv is being supported by Party of Regions?” with OPORA logo on it. Observers already approached law enforcement bodies on that. In all abovementioned cases civic activists denied any connection with the materials. These cases should also be considered as “black PR”.

Examples:

  • In district 154 cities of Dubno and Zdolbuniv, Rivne oblast, leaflets had been distributed with negative content about candidates Sergiy Kostuchok and Danil Korilkevych, running as self-nominated candidate. Leaflets were distributed on behalf of civic movements “Chesno” and “Vidsich”. Authors of proper materials called not to vote for specific candidates, because they are “hidden representatives of Party of Regions”;
  • In district 84 (center – Tysmenytsya city, Ivano-Frankivsk oblast) observers fixed a fact of distribution of fake leaflets on behalf of “Vidsich” movement. Messages sgainst self-nominated candidate Mykola Kruts were following: “Warning, werwolves!”; against candidate from UO “Batkivshchyna”  Volodymyr Kupchak  - with the headline “Why not to vote for Volodymyr Kupchak, or Firtash`s “tushka”;
  • Materials stylized after “Vidsich” design were distributed on September 9 in Lutsk. Fakes were dedicated to the female candidate from European party Olena Goleva. As it was told in a leaflet, candidate is involved in corruption schemes and law violations, trying to control public transportation market in the city, and has a good relationship with Party of regions representative Borys Kolesnikov.

Also “dirty technologies” are being used by publishing negative information about political opponents in media. In printed media such content is not marked as pre-election agitation or political advertisement. Instead, on the websites this information is published without author`s name, either under a pen-name.

5.2. Damage and destruction of property of the subjects of electoral process

Observers continue to record cases of damaging carriers of outdoor advertising with electoral agitation, damage of property and other assets of the participants of electoral process.

Most often opponents damage outdoor advertising of candidates and parties. This usually happens through “throwing” paint at the billboards and city-lights.  The number of such cases in comparison to the previous month is increased. Most often the object of malefactors was "UDAR" party and its candidates, the majoritarian nominees. Less in such a way has been damaged an outdoor advertising of VO "Batkivshchyna", VO "Svoboda", the Party of Regions. The same method is used also in response to agitation for self-nominated candidates.

Examples:

  • In constituency №194 inCherkasy, at the night of September 14 were broken about twenty billboards of "UDAR" party – campaigning materials were thrown with red, blue and green paint;
  • September 20, in constituency № 90 (Kyiv region) billboards of “UDAR” party nominee Roman Grygoryshyn and Vitali Klitschko were “shot” with the paint from a paintball gun;
  • On the night of 5 to 6 September in Krasny Luch of Luhansk region was registered a damage of billboards of self-nominated candidates in constituency № 108 Lyudmila Kyrychenko and Volodymyr Guslavskyi;
  • On the night of 7th to 8th September unknown persons poured gray paint at three billboards of self-nominated candidate Vasyl Onopenko (constituency № 14), which were installed on the streets of Bar, Vinnytsia region;
  • On the night of September27 inNovovolynsk (constituency № 19) near the bus station with a black paint were stroked billboards depicting candidate of VO "Svoboda" Yevhen Melnyk. Similarly, were damaged the billboards of candidate throughout the constituency;
  • On the outskirts of Tarashcha, Kyiv region unknown persons damaged billboards of candidate of the Party of Regions Sergei Katsuba by throwing paint on them.

A more creative way of damage to outdoor advertising is gluing or cutting certain phrases or letters. In this way the content of advertising changes and as a result carrier becomes an anti-advertising.

Examples:

  • September 4, at the constituency № 194 (Cherkasy region) was damaged a billboard with political agitation of United Opposition. Some promotional text was glued with white paper, as a result of it billboard instead of slogan "We will stop them. For Ukraine" remained the inscription "We will stop Ukraine";
  • In constituency № 124 near the town of Sokal, Lviv region unknowns damaged billboard of self-nominated candidate Mykola Kryshtopa. Promotional material was placed on a huge banner (length 10-12 m) along the fence near the road Sokal-Chervonograd. In the text "I am not indifferent to what will come" was removed part of "not" and also was added "Party of Regions". In front of renewed billboard the video surveillance was installed.

Often companies-owners of advertising carriers are involved in obstruction of campaigning. They are terminating the agreement on leasing the carriers without any explanation. Within the political fight opponents use even complete dismantling of advertising carriers, which contain agitation of the competitor.

Examples:

  • September 8th, at night, in the villages of Rozivka and Kholmok, Zakarpattya region in place of 6 billboards of “UDAR” party were glued campaigning posters of the Party of Regions. Although, the “UDAR” party officially rents outdoor advertising carriers situated alongside the route Kyiv-Chop till October 26.
  • A similar incident happened on September20 inZolotonosha, Cherkasy region (constituency № 197);
  • In the constituency № 140 (Odessa region), on the highway near the village Khlibodarske billboard of the “UDAR” party was glued with advertising of majoritarian candidate of the Party of Regions, although agreement with advertising agency on placement of outdoor advertising is signed up to 26.10.2012. According to the representatives of “UDAR” party the advertising agencies of the constituency are under pressure and have requirement to glue the entire agitation of non-pro-governmental parties;
  • In Lutsk (constituency № 22), September 26-27, unknown persons have glued with white paper campaigning billboards of candidate of the European Party of Ukraine Olena Goleva. According to her the owner of billboards on previous day was going to terminate the lease contract since he claimed that he was threatened;
  • September11, inDnipropetrovsk (constituency № 24) outdoor advertising of self-nominated candidate Jacob Bezbah hastily was glued with the advertising of his opponent – nominated by the Party of Regions Anatoliy Krupsky. Once it have showed the central TV-channels, the billboard was glued just with clean paper. Similarly, it was with the other advertising carriers. The owners of advertising spaces report that they were allegedly asked by the representatives of municipal services to rent the billboards to no one, except the one candidate;
  • September4, inthe city of Alchevsk, Lugansk region the posters of candidate of Communist party Oleksandr Bebeshko, which were posted just for one day, were removed from the billboards. While there is agreement on outdoor advertising with the company-owner of information boards, it does not want to cooperate with the candidate;
  • In the constituency № 129 (Mykolaiv region) advertising agency "Stenhazeta" refused to the candidate of the Communist Party Mikhaylo Vorontsov to place  campaign materials on bulletin boards at the entrances of residential buildings. A similar refusal received also self-nominated candidate Oleksandr Zholobetskyi. Though, company has placed the congratulations on Independence Day from the candidate of the Party of Regions Mykola Zhuk;
  • At 140th constituency on the night of September 21, on territory of city of Belgorod-Dnistrovsky, Odessa region unknown persons by autogenous have cut billboard of self-nominated candidate Oleksandr Dubovyi. On the billboard there was a picture of fortress and unambiguous slogan “They stole the fortress – we will beat their hands”.

During September there were even cases of stealing campaigning materials, property and valuables of candidates and parties.

Examples:

  • In the constituency № 88 (center – Kolomyia, Ivano-Frankivsk region) unknown persons at night have stolen agitational banner from the balcony of the electoral headquarters of self-nominated candidate Oles Doniy;
  • September 6 (constituency № 163), before the arrival of Arseniy Yatsenyuk and Oleg Tyahnybok to Ternopil, were stolen campaigning newspapers from the office of VO "Svoboda";
  • In Zhmerynka, Vinnytsia region from the wall of apartment building was stolen a banner of candidate Vasyl Onopenko who is running as a self-nominated in the constituency № 14;
  • September 7, electoral headquarter of candidate for MP of Ukraine of “UDAR” party Pavlo Rizanenko in the town of Baryshivka was robbed;
  • September 8 and13, inBrovary unknown persons have stolen several campaigning racks of candidate for MPs from VO "Batkivshchyna" Oleg Kyshchuk.

5.3. Refusals to provide premises to candidates, limiting access to the media and participation in public events

One of the ways to prevent agitation of candidates is creating unequal conditions for their participation in public events. Most of these cases are associated with a prohibition for candidate to attend a public event or speak at the event, despite the fact that a candidate such opportunities have. Violators of these situations are the heads of institutions, where the meetings are being held or officials of authorities who organize the events.

Examples:

  • September 1, candidate for MP of the Party of Regions Oleksandr Sayenko (constituency № 161) attended the Holiday of the first bell at the school №2 of the city of Romny (Sumy region). At the same time, school management did not reconcile the participation in the festivities of candidate of “UDAR” party Oleg Lysenko, saying Sayenko is acting as a benefactor, not as a candidate;
  • September 12, during the celebration of the village Day in Buyruck of Sumy region (constituency № 161) Chairman of Lipovodolynska State Administration Ivan Manusha did not allow to speak with the voters to the candidate of VO “Batkivshchyna” Volodymyr Shulga. Instead, the right to speech got Ivan Demchenko – the trustee of candidate of the Party of Regions Oleksandr Sayenko;
  • August30, inthe constituency № 66 (center – city of Malyn, Zhytomyr region) candidates Mykola Rudchenko (People's Party) and Oksana Bilozir (self-nominated) were not allowed to visit an annual educational conference that took place in the Chernyakhiv town. Subsequently, the candidates were allowed to the premises, but were refused to address. This was an indication of the Head of local district administration Sergei Polishchuk to Chief of the District Education Department. At the same time Vitaly Zhuravsky, the candidate of the Party of Regions, was carrying out its campaigning;
  • On the Day of Malyn, Zhytomyr region (constituency № 66), which took place on September 15, city officials banned to candidate Oksana Bilozir (self-nominated) to conduct a massive cultural event “Poliske karaoke by Oksana Bilozir”. However, another candidate for MP Vitaly Zhuravsky (Party of Regions) on the same day actively interacted with the inhabitants and with his support a concert of ensemble “Slavia” and Yanina Yaremchuk was held;
  • The candidate of the “UDAR” party in the constituency № 45  Oleksandr Topuzov said that he had been denied in conducting a meeting with the labor collective of Avdeyevka town hospital in Donetsk region. Although candidate of the Party of Regions, MP of Ukraine Yukhym Zvyagilsky has already conducted a meeting with the labor collective in this hospital.

Still, there are cases of refusals to provide to candidates premises, halls or squares for meetings with the voters. Although in some situations such refusals are justified, but often they are formal.

Examples:

  • September 15, candidate of VO "Batkivshchyna" Leonid Datsenko (constituency № 197) was not allowed to the House of Culture of the Bohuslavets village, where should have taken place his meeting with the voters. Despite the preliminary agreement with the manager of the club, the last did not agree to provide hall for the meeting and refused to comment anything;
  • September 16, representatives of the United Opposition planned to conduct training for members of local election commissions, which for they rented the hall of the railway station in the city of Rozdilne of Odessa region (constituency № 139). On the eve of September 15 came the refusal by the administration of the station, they allegedly received a prohibition to use the premises for political activities;
  • In the Donetsk region on September 10 two hours before the scheduled meeting of the Communist Party leader Petro Symonenko with students of Makeyevka Economic-Humanitarian Institute rector has canceled the event citing the recommendation of the city Department of Education. Later, some local media reported that Symonenko did not want to communicate with students;
  • September 13, candidate for MP of VO “Svoboda” in constituency № 159 Artem Semenikhin without explanation was denied to provide premises of Glukhiv Central District Library to carry out a public event. The library was closed in time allegedly because of the temporary repairs. The candidate had intention to organize a presentation and lecture on the history of Sumy region of the former director of Sumy Regional Archives, and now director of the Museum of UHS (London), local historian Gennadiy Ivanushchenko. Dovzhenko Glukhiv National Pedagogical Univercity also refused to conduct such a meeting;
  • September23, inDonetsk in the central square named after Lenin the leader of the “UDAR” party Vitali Klitschko held a meeting with the inhabitants of the regional center, although the City Council acted with initiative to ban the event in downtown arguing that by security issues. At the same time it appears that the city authorities gave permission for that day in the same area to carry out ​​campaign activities of the Party of Regions, which installed its tents nearby the scene of the “UDAR” party;
  • Candidate of VO “Batkivshchyna” in the constituency №184 (Kherson region), physician Yuriy Terletskyi is not allowed to meet labor collectives of district hospitals of the constituency. More than ten appeals of candidate to district healthcare departments on carrying out such meetings remain unanswered;
  • September7, inthe village of Serednye, Zakarpattya region conflict arose between activists of the “UDAR” party and the deputy chairman of the village Vitaly Pleshko. The official banned activists to lay out agitation tent because “traveling market” will possess the area and at the place of agitation tent should stand shopping one. Instead, at the place of "traveling market" were found campaign tents of VO "Batkivshchyna" and the Party of Regions. According to the village chairman, these tents are not installed in place of trading, so they do not obstruct the work of the market;

The hardest for observers is to record the cases of obstructing the access to the media. Media editors justify their refusal to print materials that all space is leased by the other candidate. At the same time there are also cases of explicit disregard for the rights of candidates to have equal access to the media.

Examples:

  • Claudia Nazarenko, a candidate of "UDAR" in constituency № 202 (Chernivtsi region), using its right to access to the media received a 20 minute broadcast on the radio. But in some villages of Vyzhnytsya district (Lukivtsi, Vovchynets, Velyke, Mygove, Maidan, Vakhnivtsi) radio broadcasting was stopped at the time of air. Immediately after greetings of the candidate signal has disappeared and appeared only at the last minute of Nazarenko’s speech;
  • September 6, at the regional radio "Zhytomyr wave" should be held live-air of candidate for MP of VO "Batkivshchyna" in constituency № 62 (city of Zhytomyr) Gennady Zubkov. For a 20-minute live-air and its announcements candidate paid UAH 3 thousand 852. However broadcasting was canceled. Management of Zhytomyr regional state broadcasting company motivated the reasons for refusal by the fact that this time was given to broadcast the program with the former President Viktor Yushchenko. Although, actually, during the whole time the candidate had to speak music was broadcasted in the air of “Zhytomyr wave”;
  • MP of Ukraine, candidate of the United Opposition for 70th constituency Oleksandr Kemenyash filed a lawsuit against Mizhgirrya newspaper "News of Verkhovyna", newspaper "News of Svalyavshchyna", "Voice of Verkhovyna" (Volovechchyna) and "People's Word" (Perechyn) for that they have denied him in providing space for campaign materials. Courts have recognized illegal the actions of editions regarding the candidate;
  • In Alexandria, Kirovohrad region (constituency № 103) city newspaper "Alexandria week" refused to publish electoral campaign materials of candidate for MP of Ukraine Oleg Panibratenko (self-nominated). In this regard, the candidate has sent a lawsuit. According to the court’s decision the actions of the weekly editorial and publisher of the newspaper considered illegal.

5.4 Threats and intimidation

Observers of OPORA recorded the cases of physical obstruction of activities of the candidates and their supporters. This category of incidents includes examples of disruption of public events organized by parties or candidates, obstruction campaign events, the pressure on candidates and their supporters.

Examples:

  • September 18, in Odessa region Arseniy Yatsenyuk met with voters and presented candidates for MP of United opposition. Teleconference with politician was organized in the cities of the region. But during the event of opposition in the town of Shyryayevo (constituency № 138), representatives of the "Foundation of Fursin" (Ivan Fursin – candidate of the Party of Regions) brought acoustic hardware and turned on 6 speakers at full volume. Thus, they prevented the holding of the meeting and teleconference of the United opposition. In the city of Bilyayivka (constituency № 140) such a virtual meeting took place in the square near the house of culture. Local authorities have given for rent the territory of square to traveling circus for this time;
  • September 13, in Vinnytsia during the meeting of the United opposition with the participation of Arseniy Yatsenyuk unidentified youths tried to throw eggs on the scene where politicians were speaking;
  • September 15, during a meeting of Vitali Klitschko, leader of the “UDAR” party, with the inhabitants of Yalta opponents tried to disrupt the event. On the square where the voters have gathered, activists of the “United Left and Peasants” party organized an unauthorized rally. Agitators were distributing leaflets with defamatory for “UDAR” information, waved posters with provocative content, silenced Klitschko address through megaphone and siren. In addition, the Party of Regions led a convoy of people with flags of their political power to this event.

There were cases of intimidation and physical violence against agitators or staff of headquarters. In most cases the objects of attack are representatives of opposition political parties and candidates. It is used an impressive arsenal of well-known methods: threats, intimidation, beatings, arson of property.

Examples:

  • August 29, in the city of Yuzhnoukrainsk of Mykolayiv region a group of young people has beaten deputy head of city election headquarters of VO “Batkivshchyna” Yuriy Kravchenko;
  • September 25, around 21:00 in the city of Krasny Luch was attacked Sergei Yevdelev, trustee of self-nominated candidate Valeriy Moshenskyi (constituency № 108). Victim was kicked in the head with an iron pipe and once – with a knife. The victim is in hospital. Yevdelev and representatives of the Moshenskyi’s headquarters link this to politics. So, allegedly, 2 days before the incident, unknown persons offered 50 thousand dollars to Yevdelev for the fact that he refused to take an active part in the elections and went on vacation;
  • September 12, in Slovyansk of Donetsk region unknown fired at a car in which there were two candidates for MP: № 33 on the list of the "Greens" party Volodymyr Panibratchenko and candidate from the same party in constituency № 47 Sviatoslav Tsypin. Candidates associated the event with political activities because they have initiated action to eliminate slot machines and recorded bribing voters by the candidate of the Party of Regions Oleksiy Azarov. The local branch of the Party of Regions denies the allegations;
  • According to the information of Donetsk internet editions, September 15, at 21:00 in Donetsk was beaten the candidate of the Radical Party in constituency № 43 Dmytro Verzylov. The head of the Radical Party Oleg Lyashko accused in organizing attack the candidate of the Party of Regions Valentyn Landyk;
  • About one o'clock on August 28 in the village of Smolyhiv,  Volyn region was burned a car of Bogdan Prus, trustee of self-nominated candidate in the constituency № 20 Boris Zahreva. According to Prus himself, unknown people poured into the yard through the fence flammable substances and torched it, causing fire spread to the jeep, which is already damaged beyond repair;
  • September 13, unknown persons smashed office of candidate of the European Party of Ukraine in the 22th constituency Olena Goleva. Around lunch unknown people rushed to the reception of the member of Lutsk City Council Goleva, smashed furniture there and damaged office equipment. According to witnesses uninvited guests initially demanded some money, and then began to smash the office. Also unknown youths also attempted to break into another office, where was the candidate, but they were unable to get there;
  • In the village of Pantayivka of Kirovohrad region (constituency № 103), two unidentified men have beaten publicly a supporter of VO "Batkivshchyna" who worked in the campaign tents;
  • In Voznesensk, September 5, during the day unidentified persons fired from starter pistol agitation tent of VO "Batkivshchyna";
  • September 17, in Odessa were attacked activists of the campaign "Revenge for the split of the country", which is implemented by the Civic Movement "Vidsich", who were distributing leaflets against Sergei Kivalov, candidate of the Party of Regions in the constituency № 135.

TENDENCIES OF ELECTION CAMPAIGN

In September campaign became more intense compared to the previous period. The list of active parties, including the Party of Regions, VO "Batkivshchyna", the CPU, the “UDAR” party, "Ukraine-forward!", VO "Svoboda" has slightly increased this month. “Our Ukraine" and its leader, former President of Ukraine Viktor Yushchenko, joined the election campaign. In certain regions are active the Radical Party of Oleg Lyashko and Ukrainian Party "Green Planet". Political parties and candidates in single-seat constituencies are using all possible forms of campaigning and interaction with the voters. Instruments of all political forces are similar. At the same time, the Party of Regions conducts meetings with labor collectives more active than other forces. Nationwide leaders of political parties, subjects of election process are massive visiting regions, which significantly increases the dynamics of election campaigns in local places.

«The activity of leaders of the main political parties on visits to the regions of Ukraine, September 2012»

Leader

Arseniy Yatsenyuk

«Batkivshchyna»

Mykola Azarov PRU

Vitali Klitschko UDAR

Petro Symonenko CPU

Nataliya Korolevska

Ukraine-forward!

Oleg Tyagnybok “Svoboda”

Viktor Yushchenko “Our Ukraine”

Region

14

6

12

7

12

14

6

Arseniy Yatsenyuk (VO ​​"Motherland") and Oleg Tyagnibok (VO ​​"Svoboda") among all political leaders the most actively are visiting a wide range of regions. In detail the visits of political leaders to the constituencies will be available – picture number 1 (will be infographics). In September actively involved the campaign the leader of UDAR Vitali Klitschko, who was preparing for a boxing match in August, thus did not show election activity. Leader of the list of the Party of Regions Mykola Azarov was visiting the regions in the status of the Prime Minister of Ukraine, but local organizations used these visits for campaigning goals. In September, personally has joined the campaign the leader of “Our Ukraine” party, the former President of Ukraine Viktor Yushchenko. The intensity of his visits to the regions is constantly growing. Oleg Tyagnybok and Arseniy Yatsenyuk in the western regions of Ukraine held joint events with the presentation of candidates for MP of Ukraine of opposition forces.

Leading political parties involve into campaign even VIP-agitators (recognizable political faces), between whom the constituencies are divided.

«The activity of nationwide faces of the parties in the regions of Ukraine, September 2012»

VO “Batkivshchyna”

Party of Regions

UDAR

 CPU

Ukraine-Forward!

VO “Svoboda”

MPs:

Andriy Parubiy,

Ivan Kyrylenko,

Andriy Shevchenko,

Andriy Pavlovskyi,

Olesya Orobets,

Sergiy Pashynskyi,

Sergyi Sobolyev,

Anatolyi Grytsenko,

Gennadiy Moskal;

Vice-Speaker of theVRU:

Mykola Tomenko;

Public Figure

Oleksandra Kuzhel.

Deputy Secretary of the NSDC

Nestor Shufrych;

Advisor to the President of Ukraine

Anna Herman;

First Deputy Chairman of APU

Irina Akimova;

MPs:

Victor Turmanov,

Oleksandr Kuzmuk,

Inna Bogoslovska,

Vadym Kolisnychenko, Mykhaylo Chechetov;

Vice-Prime Minister Sergiy Tigipko,

Minister-agrarian Anatoliy Prysiazhnyuk.

Athlete Volodymyr Klitschko;

Former SBU head Valentyn Nalyvaychenko

First Secretary of the Central Committee of the Communist Party of Ukraine

Petro Symonenko;

First Deputy Speaker of the VRU

Adam Martyniuk

Candidate number 2 of the election list Andriy Shevchenko;

MP of Ukraine Yevhen Suslov.

Deputy chairman of the party Andrew Mohnyk;

Member of the political council of the party

Igor Miroshnychenko;

Member of the Political Council Bohdan Beniuk.

Parties UDAR, "Ukraine-forward!", CPU, VO "Svoboda" are represented by the lowest number of nationwide faces, except for the first executives. In September the campaign of UDAR joined boxer Volodymyr Klitschko, who visits the regions with the leader of party or independently. Observers note the low activity of VIP-agitators of the Party of Regions, who in comparison with the opposition much less are visiting constituencies. This is explained by the fact that the first leaders of local authorities are directly involved in campaigning of the Party of Regions. Most often the local officials participate in image and public events of the ruling party. The most active VIP-agitator of the Party of Regions is the Deputy Secretary of the NSDC of Ukraine Nestor Shufrich. In September First Deputy Head of Presidential Administration of Ukraine Iryna Akimova and Advisor to the Head of State Hanna Herman have joined the campaign of the Party of Regions. Vice Prime Minister Sergiy Tigipko and Minister of Agricultural Policy Anatoly Prysazhnyuk also were participating in the campaign of the party of power.

Manifestations of campaigning in regions (non-standard examples)

The similarity of electoral campaign strategies and technologies used at the national level, to some extent are compensated by unconventional approach to campaign of candidates in single-seat constituencies.

Headquarters in constituencies №7 (AR Crimea), 88 (Ivano-Frankivsk region), 194 (Cherkasy region), 204 (Chernihiv region) and other representatives of the UDAR party have organized special fan zones to watch the broadcast of battle for the world title between Ukrainian boxer, the leader of this political force Vitali Klitschko and German boxer Manuel Charr. The UDAR party is actively exploiting sporting image of the Klitschko brothers. For example, in Sebastopol Volodymyr Klitschko has attended a junior sports school in which the Foundation of brothers has previously invested more than two million UAH.

In constituency №1 (AR Crimea) under the patronage of the Minister of Education of Crimea Vitalina Dzoz, who was nominated for MP by Party of Regions, a holiday was held – “Sunday Funs”. Organizers offered children to participate in contests, one of whom had openly political character. In tents there were skittles with photos of Yulia Tymoshenko, Leonid Grach, Leo Mirimsky, Vitali Klitschko and other politicians. Children had to hit these skittles with the ball. For the hit winners received a pen with a logo of the party.

In Kirovohrad region (constituency №99) “UDAR” party planned a competition “Kick corrupted by egg”. The event was dedicated to the events in 2004 in Ivano-Frankivsk, where the current President of Ukraine Viktor Yanukovych was involved. In the constituency №89 candidate of the same political party Mykola Paliychuk conducts “Ukrainian disco” in the settlements of the constituency. The book named “Alphabet of little Hutsul” was published and distributed also with the help of candidate.

Timetable of the trains Kozyatyn – Vinnitsa is placed on the reverse side of the postcard containing election program of self-nominated candidate Peter Yurchyshyn in the constituency № 13. In the same constituency self-nominated candidate Igor Zubko in campaign materials provides advice on sorting garbage, diagram "Structure of waste" and determines the timing for the decomposition of various types of waste. Outdoor advertising of candidate of the Party of Regions in the constituency №97 Sergey Fedorenko contains the message: "Sergiy Fedorenko – a trolleybus Brovary-Kyiv". Candidate uses within outdoor advertising similar positioning in relation to his other promises (construction of a new hospital, swimming pool, playgrounds, etc.).

In the constituency №146 (Poltava region) billboards of self-nominated candidate Yuriy Shapovalov have appeared with the slogan “My party – Kremenchuk!” After a few days billboards with a similar slogan began to advertise another self-nominated candidate Andriy Bezkorovaynyi, who applied the community with the slogan – "I'm not nonpartisan, my party – Kremenchuk."

In the constituency №152 self-nominated candidate Oleg Chervonyuk (Rivne region) conducts excursions for voters to JSC “Rivne Flax-combinate”, which he heads. At the end of excursions candidate announces an opportunity to leave the resume to employ the voters.

Self-nominated candidate in the constituency №199 Pavlo Yelizarov became the main character of the TV project "Freedom of speech. Real life" in which almost every day will be covered his campaign. TV project is produced by "Savik Shuster studio", whose managing partner is the candidate.

In the constituency №117 (Lviv region) candidate of VO “Batkivshchyna” Igor Vasyunyk is actively working with the believers. Relics of St. Peter Vergun and ashes of blessed Omelyan Kovch were in Lviv with his assistance.

In Odesa region the Party of Regions continues to promote local program "People's Budget" and "People's medical check", which became the central theme of its campaign. And candidate of VO "Batkivshchyna" in the constituency №134 Konstantyn Usov initiated employment agreement with the residents of Malinowski district where the last will perform as employers of politician.

In Lviv region VO "Batkivshchyna" and VO "Svoboda", which are coordinating their actions, are using a common slogan – "Together against hordes". September 13, Deputy Chairman of the Verkhovna Rada of Ukraine, during a press conference in Uzhgorod promised that the leader of the United opposition Yulia Tymoshenko in writing will express support for the candidate of VO "Batkivshchyna" in the constituency №68 (Zakarpattia region) Andriy Serbaylo. At the same time, self-nominated candidate in the constituency №200 Pavlo Kostenko in his leaflets and appeals to voters demonstrates a letter of Yulia Tymoshenko supporting his nomination.

In the city of Uman (Cherkasy region) VO "Svoboda" conducted the march "Defend your city against arbitrariness!", which was held under perpetual campaign "Uman without Hasidim". In this way the party reacted to the conflicts associated with annual staying of Hasidic pilgrims in this city.

 


[1] Resolution № 88 of May 17, 2012 "On the Procedure of the draw regarding the inclusion of nominees to the precinct election commissions on elections of people's deputies of Ukraine"

[2] Resolution № 895 of September 13, 2012 "On Amending Resolution of the Central Election Commission on May 17, 2012 № 88 "On the Procedure of the draw regarding the inclusion of nominees to the precinct election commissions on elections of people's deputies of Ukraine"

[3] CEC Resolution № 692 of August 31, 2012 "On Procedure for training chairmen, deputy chairmen and secretaries of district election commissions on elections of people's deputies of Ukraine on October 28, 2012»

http://zakon2.rada.gov.ua/laws/show/2341-14/page4

http://www.reyestr.court.gov.ua/Review/26039351

http://www.reyestr.court.gov.ua/Review/26039351

http://www.reyestr.court.gov.ua/Review/25897137

http://www.reyestr.court.gov.ua/Review/25792054

http://www.reyestr.court.gov.ua/Review/25840361

[10] Article 3, Section.5, Clause.3 of Law  «On the Election of People’s Deputies of Ukraine» № 4061-VI of 17.11.2011.

[11] Article 1.7 «The State Officials Conduct Code» adopted by the Executive Order of Chief Department of State Service of Ukraine №214 of 04.08.2010.

[12] Art.74 part.21 of the Law «On Elections of People’s Deputies of Ukraine» № 4061-VI of 17.11.2011.

[13] Art.74 part.21 of the Law «On Elections of People’s Deputies of Ukraine» № 4061-VI of 17.11.2011

[14] Ст.74 ч.4 Закону «Про вибори народних депутатів України» № 4061-VI від 17.11.2011 р.

13 According to the Article 5 of the Law of Ukraine “On the Freedom of Consciousness and Religious Institutions”, religious institutions have no rights to campaign for election candidates.

14 This is the infringement of the Article 8 of the Law of Ukraine “On the Advertisements”, which states that using or imitate images ... of state symbols of other nations and international institutions, ... is prohibited. 

 


RSS Стрічка новин Ми у Facebook  Ми у Twitter Ми Вконтакті android gray

 

 

abiturientam gray

rada grey

OSBB grey

 
 
 

© Civil Network OPORA 2006 - 2013