Shortcomings in 15 December repeat elections in Ukraine underline the need for comprehensive legal reform, says OSCE/ODIHR report
Problems in the formation of election commissions, the misuse of state resources to benefit some candidates, indications of vote-buying and a lack of transparency in the counting process were among the shortcomings observed during the 15 December 2013 repeat parliamentary elections in Ukraine, concludes the final report of the OSCE Office for Democratic Institutions and Human Rights.
The repeat elections were held in five districts where the results of the 28 October 2012 parliamentary elections were annulled by the Central Election Commission (CEC). The report, published on 30 January 2014, notes that the legal framework was largely unchanged for the repeat elections, so no additional legal measures were taken to safeguard the integrity of the electoral process. Reports from previous missions also identified problems with the legal framework and recommended that legislation regulating all types of elections be harmonized.
The report adds that the CEC managed the technical arrangement for elections well overall, but the work of the election administration was hampered by extensive changes to precinct election commission membership, apparently in an attempt to gain partisan control over commissions. The report recommends providing for greater stability in the membership of the commissions and the clarification of mechanisms for nominating CEC members, in order to increase confidence in the administration of elections.
Candidate registration was generally inclusive, but the different approaches by courts in dealing with candidate-registration cases brought on similar grounds were perceived by many OSCE/ODIHR interlocutors as partisan or arbitrary.
Court decisions regarding the residency requirement failed to provide clear guidance on its consistent application, and the report repeats another long-standing OSCE/ODIHR recommendation – that the residency requirement for candidacy in national-level elections be brought in line with international commitments and good practice.