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Amendments to electoral legislation – are stumbling block for the politicians
Laws on Elections of People's Deputies of Ukraine and on the Referendum should be amended in correspondence with recommendations of the Venice Commission and the public. Such conclusions can be made from speeches which were aired on June 20 during the round table, organized by the Delegation of the European Union to Ukraine and the U.S. Embassy in Ukraine, with assistance of the Venice Commission of the Council of Europe and the Office for Democratic Institutions and Human Rights OSCE (ODIHR).
The topical issues were the future reform of the election legislation of Ukraine, namely the Law of Ukraine on Making Amendments to Some Laws of Ukraine on Improvement of Electoral Legislation, proposed by the Ministry of Justice, and the Law of Ukraine on National Referendum.
U.S. Ambassador John Tefft has opined that it's worth to adopt the Election Code, which draft was filed to and approved by the Venice Commission in 2010. As for the Law on Referendum, it should express the point of view of both the government and the opposition.
Members of parliamentary factions have also expressed their views on necessary changes to the election legislation. In particular, leader of the UDAR Vitalii Klychko is convinced that systematic amendments to the electoral legislation should be made: "We should adopt the Election Code. It should provide unified regulations, particularly, the parliamentary elections shall be conducted by the proportional system with open party lists." Klychko has emphasized that the elections in 5 problematic districts should be conducted in autumn, not in summer. Arsenii Yatseniuk, leader of the AUU Batkivshchyna faction, has supported the necessity of adopting the Election Code. He has states that responsibility of the Central Election Commission for violations during the election process should be strengthened. Besides that, representatives of the opposition have called the Law on Referendum unconstitutional.
Davyd Zhvaniia, member of the Party of Regions and the Head of the Committee of the Verkhovna Rada on State Building and Local Self-Government, has stated that the elections in problematic districts should be conducted on August 25, and the Law on Referendum should be adopted.
"No matter which law Ukraine will have, its implementation practices are capable of emasculating any efficient changes," - Deputy Head of the CEC Zhanna Usenko-Chorna said. "Evil is rooted in the election system, and particularly in its majoritarian component, which provokes the corruption. Unfortunately, we are unable to conduct the elections in accordance to the European standards till the CEC will have such incidents." According to her, the only way out - is introduction of the election system with open lists. Usenko-Chorna has criticized the allocation of one milliard UAH on video surveillance during the elections – these funds should have been spent on scanning technology of vote count, which would render impossible violations on commission members during vote count.
Peter Pacholai, member of the Venice Commission and Head of the Constitution Court of Hungary, had criticized the new law which allows amending the Constitution of Ukraine through the referendum only, without any participation of the Parliament, what virtually limits the legislative function of the Verkhovna Rada. He has also emphasized, that the mixed election system has caused a number of problems in the election process, and needs a new legislation.
Deputy Head of the Minister of Foreign Affairs of Ukraine Andrii Olefirov has disagreed upon adoption of the Election Code, as long as not all the European countries have such code. "Some issues belong to the national competence," - he said. Olha Aivazovska, Electoral and Political Programs Coordinator of the Civil Network OPORA, has disagreed with him: "There are some problems with application of the law. We should take into consideration not only the example of other countries, but also Ukrainian peculiarities. Besides that, there is the Criminal Code because we need it, as well as the Tax Code is needed."
She has reminded that after the last local elections, the President of Ukraine has created a working group, which was supposed to elaborate to Election Code, but there is no progress after three years; and criticized the law on local elections, which was adopted in an almost empty hall of the Verkhovna Rada.
Olha Aivazovska has also stated that not all the recommendations of the Venice Commission should be adopted, as long as Ukrainian realities should be taken into consideration. She has told which proposals representatives of civic organizations made to the Law on Elections, proposed by the Ministry of Justice. In particular, remarks about transferring powers of the CEC on registration of candidates to the DEC, which may have negative results; and deletion from the Law the regulation saying that observers can watch activities of commission members from any distance, what may lead to limitation of observers' rights.
Ihor Koliushko, and the For the Fair Referendum coalition have negatively taken the Law on Referendum, explaining that it may lead to serious legal consequences, which will negatively influence the political life of Ukraine.
In spring we'll see how well politicians reformed the election legislation, depending on whether the European Union will sign on summit in Vilnius. And before that - on the election in 5 problematic districts.
