1. The legislative basis for the early parliamentary elections in Ukraine has some shortcomings, including preservation of the mixed electoral system and questionable constitutionality of some provisions. 2. Organization of elections will be challenging in parts of Luhansk and Donetsk oblasts that are under separatist control, and additional security measures will be needed. 3. Other issues that could impact the elections include the legitimacy of extending the Central Election Commission members' terms, inadequate preparation and resources for some District Election Commissions, and low transparency of campaign financing.

1. For the period August 28 - September 15, 2014
electioninfo.org.ua
cvu.org.ua
Kyiv
September 16, 2014

2. SUMMARY
1. The law “On Elections of People's Deputies of Ukraine” in general makes it possible to
provide elections in accordance with international standards. However, the Law has a
number of drawbacks. The major drawback is preservation of mixed electoral system to be
applied for elections of the early parliamentary elections. Procedures, provided by the Law,
are not fully consistent with correspondent procedures provided by legislation on
presidential and local elections. Constitutionality of the main provisions of the Law (in
particular, in section regarding deprivation of the right to vote in majority component of the
system those citizens who reside or stay abroad or have changed their voting place without
change of voting address) is questionable. The Law does not provide efficient guarantees of
safety for conduction of voting in regions of Anti-terrorist operation (ATO). Nor does it
provide simplified procedure for internally displaced persons from Donetsk and Luhansk
oblasts.
2. The fact that elections are to be organized by Central Election Commission (CEC),
commission of the majority of whose members' expired as far back in June 2014, gives rise
to concern. Extension of CEC member's term of office for undefined period arouses an
question of the CEC legitimacy as an institution.
3. Organization of elections on the territories of Luhansk and Donetsk oblasts will be one of
the most problematic issues of the election process. In Luhansk oblast it is practically
impossible to hold elections in at least 5 election districts, in Donetsk oblast — in 10
districts. Aggravation of confrontation with armed groups of separatists and units of the
Armed Forces of the Russian Federation in these regions may lead to not having elections in
the overwhelming majority of districts, established within boundaries of these two oblasts.
Ministry of Internal Affairs of Ukraine, Security Service of Ukraine, Ministry of Defense
should in cooperation with the CEC take additional measures in order to reinforce security
provisions within those territories of Donetsk and Luhansk oblasts which are under control
of the state.
4. The fact that the CEC had harmonized its previous acts on organization of parliamentary
elections with requirements of the Law long before the beginning of the election process is
a positive aspect of the early parliamentary elections process. It will decrease functional
load on the CEC and provide higher level predictability as for preparations for elections and
conduction of elections.
5. The CEC implemented its activities of registering candidates, establishment of District
election commissions (DECs), according permissions to civic organizations to have official
election observers in accordance with the Law. Refusals to register were mostly caused by
inconsistency of documents provided by the candidates (autobiographies, etc) with
requirements of the Law “On Elections of People's Deputies of Ukraine”.
6. District election commissions (DECs) were established in time, provided by the Law and in
accordance with the Law provisions. The same as at previous elections, the main problems
of DECs activities are: frequent replacements of DECs members, insufficient level of
commission members' readiness for work in the commissions (in many commissions there
are less than 50% members with previous experience in election commissions), insufficient
material and technical provision. Many DECs still do not have plates, installed
communication tools, office equipment. Some DECs have to hold their meetings in sport
halls or premises with no working conditions. It is necessary to introduce mechanisms
aimed to prevent misuse of the right to make changes in DECs composition, as well as to
provide obligatory training of commission members on election issues. Issue of raising
salary of election commission members remains topical.
7. In most regions, main political parties have already started campaigning. Congresses of
political parties, where candidates were nominated, where held openly in most cases.
However, the same as on previous elections, there were almost no meaningful discussions

3. about the nominees, proposed for adoption of the congresses. Negotiations on nomination of
candidates were mostly behind-the-scenes. It is positive that main parties included to their
lists many civic activists and journalists, and thus will contribute to renewal of the
parliament personal composition.
8. Cases of indirect vote-buying, use of unfair methods of political struggle, though recorded,
are not yet widespread. Among the reasons – low number of registered candidates in single-mandate
constituencies. Campaigning of main parties remains to be populist and focuses on
issues connected with the situation of the East of Ukraine.
9. It is a trend of the election campaign that candidates of parties in power try to disaffiliate
themselves from political powers they were affiliated with during recent years. Civic
organizations should take actions to inform broad public on activities of such candidates in
2010-2013.
10. Level of transparency of the election campaign financing on the early elections of people’s
deputies of Ukraine remains to be low. Intermediate financial reports of the parties on
receipts and expenditures of election funds will be published 20 days before E-day (or even
later), while registration of candidates is finished less than 30 days before E-Day.
1. Legislative basis for elections
Early parliamentary elections in 2014 will be conducted on the base of the Law "On Elections of
People's Deputies of Ukraine" adopted in November 17, 2011, with a number of changes from
2013. In general, this Law in case of its proper application allows conduct election of people's
deputies of Ukraine according to international standards. However, the law contains a number
of significant shortcomings that were not removed in 2013 while making changes. At the same time,
some of made changes are quite controversial.
The main disadvantage of the law is that the early elections of People's deputies of Ukraine
will be held on the base of mixed (so-called "parallel") electoral system. From experience of
2012-2013 elections, this system (particularly its majoritarian component) creates ground for use of
administrative resource, vote-buying and distortion of the results of the people's will. Preservation
of 5% electoral threshold reduces the chances for small parties to come into parliament.
In 2013 the Law was updated with a number of unreasonable changes. Some of them are
contrary to international standards. In particular, while in many European countries there are
essential limits to contributions in support of candidates and parties, according to the current law
the electoral fund of a party or candidate may actually be formed by one person, whose contribution
to the campaign fund is limited only with the overall amount of the fund. At the same time, size
limit of election funds of political parties and candidates (introduced in 2013) were criticized by
representatives of non-governmental organizations and experts. According to them, the size limit
strengthens the shady nature of election campaign funding. The law contains no clear definitions of
the criteria for formation of single-member constituencies: the majority of these criteria should be
applied if possible. In 2013, the provisions of the Law on issues of voting, counting and tabulation
of voting results were not changed. Thus, it is possible that after the voting the same problems will
emerge as in 2012, when repeat elections had to scheduled in five single-member constituencies.
The reduction of maximum number of PEC members to 14-18 persons is also quite controversial.
Previous maximum and minimum limits of PEC members were based on functional load at PEC on
Election Day. Therefore, limiting number of commission members to 18 persons may lead to
negative effect on the election process. The duty of the CEC, imposed by the parliament, to disclose
all documents of election commissions on organization of elections, which come from tens of
thousands of election commissions, can turn out to be impossible. Provisions of the Law that
impose the order of forming election commissions on early elections also deserve negative

4. assessment. According to article 107 of the Law, the right to nominate candidates for DECs is given
to parties which established factions in the Parliament, and also to parties, which had candidates
registered in the national constituency during the last parliamentary elections in 2012. Such a
procedure of DEC formation left without DEC representatives a number of parties, which didn't
nominate candidates on previous elections but have good chances to overcome the electoral
threshold on the early elections.
The constitutionality of some provisions of the Law is still doubtful. This refers primarily to
violation of the constitutional principle of equal vote right, which states that each voter at the same
election shall have the same number of votes. Instead according to the Law voters in voter lists on
the territory of Ukraine have two votes (vote in national constituency and vote in relevant single-seat
constituency), while voters who stay or reside not in Ukraine on Election Day have only one
vote. Voting rights of citizens are also violated by the procedure of change the place of voting
without changing voting address, established by the Law. In particular, voters who changed their
place of voting to another polling station in different single-seat constituency, can not vote for the
majoritarian component of the mixed system.
Procedural provisions of the Law are not consistent with the relevant provisions of the Law
"On Elections of the President of Ukraine" and the Law "On Elections of Deputies of the
Autonomous Republic of Crimea, local councils and village, town and city mayors" of 2014.
Particularly two mentioned laws directly prohibit any changes to voter lists on Election Day;
eliminate a number of gaps in provisions for election commissions, process of vote tabulation and
establishment of election results. These changes were not applied in the law "On Elections of
People's Deputies of Ukraine".
Another shortcoming of the current Law is that the problem of elections in the temporarily
occupied territories is not clarified, and appropriate conditions for the effective exercise of
rights of internally displaced persons are not created. The status of these persons should be set
equal to the status of inhabitants of Crimea (as it was done before the election of the President of
Ukraine in May 2014), the procedure for changing their place of voting without changing voting
address should be simplified. The Law also doesn't provide additional security mechanisms while
transporting electoral documents, voting, votes counting and tabulation of election results.
Unfortunately, the Parliament didn't make amendments to the legislation on elections and
parties to ensure transparency of funding of parties and election campaigns. The draft law
№4846, which implemented additional commitments of transparency in politics, wasn't adopted by
the Parliament, and it is unlikely to be adopted before the early parliamentary elections in 2014.
The problem of liability for electoral crimes and administrative violations that enfringe
citizens' voting rights are also left without consideration in the current legislation. Ministry of
Internal Affairs of Ukraine in cooperation with non-governmental organizations (including CVU)
and international experts worked out the draft amendments to the Criminal Code of Ukraine aimed
at strengthening the responsibility for the most socially dangerous crimes that enfringe the
established order of will expression, at regulation of some of crimes and so on. However, the draft
law was rejected.
Despite constant criticism of national electoral laws by international experts, particularly the
provisions concerning election campaigns and information coverage of election, ensuring
balanced representation of genders in the legislative body, the relevant recommendations were
not properly implemented in the electoral legislation.
In general, the legislation for early elections is imperfect and should be radically changed

5. after the elections in 2014. Among these changes, there should be an increase in transparency of
electoral process (including transparency of campaign activities of political parties and candidates),
as well as holding elections according to proportional electoral system with open lists. The latter
was promoted by national experts, civil society activists and international organizations (OSCE /
ODIHR, Venice Commission).
1. Activities of the CEC
One of the positive aspects of the election process for early parliamentary
election in Ukraine is that the CEC brought all their acts in
correspondence with the Law “On Elections of People's Deputies of
Ukraine” long before the start of election process (during March - May
2014 while preparation for intermediate election in single-seat election
district № 83). These preparations to some extent reduced functional load
on the CEC.
Registration of candidates for 2014 elections was made by the CEC in accordance with the
Law. A number of candidates in single-member constituencies were denied registration by the CEC
due to lack of necessary documents (autobiography, documents confirming monetary deposit, etc.)
or improper compiled documents submitted by prospective candidates (the CEC resolutions №№
834, 841, 847-851, 860, 861, 874, 909 -915, 925-928). As of September 15, 2014 the CEC
registered 108 candidates for People's Deputies of Ukraine.
District election commissions were formed by the CEC in time and in accordance with the
Law "On Elections of People's Deputies of Ukraine". On September 4, 2014 the CEC draw lots
for candidates for DECs from parties, that had candidates registered in the national constituency for
2012 elections. On September 5, 2014 the CEC established 213 DECs, which included
representatives of those political parties, which had factions registered in the parliament, as well as
parties, determined by the draw. DECs were not formed in the Autonomous Republic of Crimea and
the city of Sevastopol, as it was required by legislation on the status of the occupied territories. As
well as during presidential elections in Ukraine, the CEC made a number of changes to the original
DEC structure, these changes are likely to be valid during all election process.
The right to observe the elections was granted by the CEC to 37 non-governmental
organizations. The decision to grant relevant organizations permits to observe the elections was
made according to the Law "On Elections of People's Deputies of Ukraine".
In general as of September 15, 2014 CVU recorded no violations in the CEC activities.
However, it should be mentioned that the term of office of most CEC members expired in June
2014. No changes in composition of the CEC and indefinite extension of the term of powers of the
current CEC members raise questions about the legitimacy of the CEC.
2. Establishment and start of work of district election commissions (DECs)
Candidates for DEC members were nominated by the subjects of
nominations in the period from 28 August to 2 September 2014. The
nominees were considered by the CEC according to the Law.
Nominations from the party "Women's Solidarity Ukraine" were left
without consideration by the CEC as candidates from this party were
not registered in the national constituency on elections in 2012 and
therefore the party had no right to nominate candidates to DEC
members. The CEC also declined nominations to DEC members from

6. "People's Labour Union of Ukraine" (because of violations of legal requirements for signing the
relevant applications; after corrective measures candidates from party were included to DEC).
Candidates for DECs in the Autonomous Republic of Crimea and the city of Sevastopol from the
Radical Party of Oleg Lyashko were also rejected because elections are not held on the temporarily
occupied territories. The Party "UDAR of Vitaliy Klitschko" received the highest level of
representation in DECs, the Right sector who participated in the election of 2012 as the Ukrainian
National Assembly got the smallest representation.
As during early presidential elections in Ukraine in May 2014, LTOs from CVU recorded a
number of violations in making nominations to DECs by the parties. There were many cases
that no statements of consent to participate in DEC from nominated persons were applied, the same
candidates were nominated from different parties, the requirements on candidates were violated,
etc. There were many cases that people nominated for DEC member were not aware about their
nomination. For example, one of DEC № 185 (Kherson oblast) members was replaced, as he lived
in oblast centre (ninety kilometres away) and didn't even know that he was nominated to this
particular district election commission.
Because of changing the procedures of draw on candidates for DEC members in elections in 2014
nominators got the opportunity to be represented in DEC more or less equally (if relevant
nominators of candidates for DEC have required number of candidates).
As in the early presidential elections 2014, changes in DECs started
immediately after their formation (the CEC resolutions №№ 884, 885,
906, 918, 932). According to our experience of previous elections these
changes will last almost until the Election Day. Thus in future right of
DEC members nominators to replace candidates, who were included in
the relevant DEC on their submissions, should be limited.
According to information of CVU long-term observers, most DECs held
their first meeting in statutory period, and the meetings were mostly attended by the vast
majority of commission members. Exception are Donetsk and Luhansk oblasts, where some DECs
were either unable to hold the first meeting in statutory period or got their powers without quorum
at meetings. Thus, in Donetsk oblast 2 of 7 observed commissions did not conduct their first
meeting within three days since their formation (DECs №49, 59). Other commissions in the oblast
conducted the first meeting without quorum (DEC №46, 47, 50, 57, 58, 59). In particular, the first
meeting was attended by 2 persons in DEC №58, 4 persons in DEC №57, 8 people in DEC №50, 9
people in DEC №46, 47. At the same time, all commissions of the region have maximum quantity
of members - 18 persons. In general, the issue of proper organization of election commissions
work, voting, votes tabulation and establishment of election results in areas controlled by
separatists, is extremely important. (See the map - ANNEX 1)
Professional skills of DEC members on election issues are inappropriate. For example, in
Kherson oblast five DECs were formed with eighteen people in each. Only 37 of 90 persons have
previous work experience in district commissions (only 41%). In DECs of Khmelnitsky oblast only
29 persons out of 129 DEC members don't have previous work experience in commissions. In DEC
№98 (Kiev oblast) only one person has previous work experience in election commissions, but this
person refuses to work in commission because his place of living is far from the DEC location.
Material and technical support of DECs remains unsatisfactory. The main problem is the lack
of appropriate premises for work, lack of outdoor signs, communications, office equipment etc.
Thus, DEC №194, 195, 197 and 199 are not provided with necessary equipment and stationery, and
DEC №199 (Cherkasy oblast) held their first meeting in the library. DEC № 189 (Khmelnytsky

7. oblast) doesn't have appropriate location and hold meetings in the building of the district state
administration. Locations of DECs № 90 and 98 (Kiev oblast) do not meet the specified
requirements for meeting rooms. The house, where DEC №92 (Kiev oblast) is located, is in poor
condition after the last parliamentary elections. Location of DEC №131 (Mykolaiv oblast) has no
telephone and Internet connection; and location of DEC №132 (Mykolaiv oblast) has no telephone,
Internet connection and appropriate lighting. In DEC №137 (Odesa oblast) premises does not meet
standards for size, number of rooms; there is no emergency exit. DEC №152 (Rivne oblast) held
their first meeting in the auditorium of Rivne residential and utilities services organization. DEC №
14 (Vinnitsa oblast) is located in the building of sports school.
3. Nomination of candidates and start of campaigning
Candidates nomination by parties was mostly held on 13-14
September 2014. In general, party congresses were held
transparently and their course was covered in the media. However,
preparation of candidates’ lists traditionally was carried out in secrecy;
order of inclusion candidates into lists in some cases delegates learned
after the announcement the contents of lists.
Although proportional component of the proportional electoral system
set 5%, electoral threshold for parties, small parties ("Democratic
Alliance", "Volia", etc.) included their representatives to "walk-through" part of the list, that have
high chances to overcome electoral threshold. The feature of the early parliamentary elections in
2014 is that civil society activists (V.Shabunin, V.Syumar, S.Zalischuk, H.Hopko etc.), journalists
(M.Nayyem, S.Leschenko) were included into the lists, as well as representatives of volunteer
battalions involved in anti-terrorist operations in the east of the state.
The main parties (VO "Batkivschyna", "Svoboda" Radical Party of O. Lyashko, Civil Position)
and some other parties (Strong Ukraine, Block left forces) started active placing of external
political advertising in the regions. At the same time, there are almost invisible propaganda
activities of the Communist Party of Ukraine and the Party of Regions (PR will not nominate a list
of candidates in the national constituency). Since the registration of candidates in the national
constituency was not conducted, outdoor advertising is hidden character (they use party colours,
party names mentioned as the message as "... - this is our civil position").
As parties congresses were held only at the end of September and potential candidates in single-member
constituencies negotiated with party leaders about their nomination, campaign activities
of candidates for elections in single-member constituencies were nearly invisible in most cases.
In some regions of potential candidates for deputies only drew attention to themselves by placing
hidden political advertising or greeting parents and pupils on the occasion of September 1. Thus, in
Kherson oblast (constituency №183) deputy A.Putilov congratulated school pupils of the
constituency on the occasion of September 1st through own website "Pik" and hanged presents to
school pupils. In some regions potential candidates started collecting humanitarian aid for soldiers,
refugees and vulnerable groups of people with wide coverage of relevant events in the media
(especially in mentioned above Kherson oblast). However, in some oblasts potential candidates hold
very active propaganda. In particular, in constituency №102 (Kirovohrad oblast) former secretary of
Kyiv City Council O.Dovhyy conducted active campaign (installation of campaign tents, placing
hidden political advertising in the media, campaign leaflets, etc.). In constituency №117 (Lviv
oblast) potential candidate I.Vasiunyk distributed copybooks with his name in one school of Lviv
city . Also there is information from constituency№102 (Kirovohrad oblast) on attempts of buying
votes by potential candidate Viktor Boyko, there are statements that heads of village councils,
social workers and postmen are getting involved in bribery scheme of buying votes for Boyko.

8. The messages of candidates are mostly oriented to general inquiries of voters and are limited
to appeals to support the Armed Forces, to fight corruption, to hold lustration etc.
Cases of so-called "Black PR", indirect bribery of voters and other similar dishonest practices
were not widespread so far. However, in some constituencies candidates continue making social
arrangements with voters (Chernihiv oblast), construction / opening of playgrounds, pedestrian
paths repair (constituency №182, 185, Kherson oblast), replacement of windows in schools, etc.
(constituency №139, Odesa oblast ). In constituency №116 (Lviv oblast) leaflets calling indirectly
not to support I.Farion on elections are distributed ("Irina Farion. 25 years with CPSU"), while in
Vinnitsa oblast on the quite popular site in Internet vn.20minut.ua "dirty" information campaign is
conducted against the son of the President of Ukraine Mr. Poroshenko Alexei Poroshenko, who is
supposed by some experts to be a candidate for people's deputy in the constituency №12 ( P.
Poroshenko constituency since 1998).
ANNEX 1

9. * The map is developed by PR-service of CVU on the base of district maps in 2012 by
Sergey Vasil'chenko and map of ATO according to the National Security Council as of
15/09/2014.