On 25th October local elections
will be held across Ukraine (other than in occupied Crimea and Kremlin
controlled regions of the Donbas).
The thinking behind it, following
a presidential election in May 2014, and a Rada election in October 2014, local
elections in October 2015 will provide the Ukrainian constituency with the
opportunity to have reset the political landscape from top to bottom in a
post-Maidan Ukraine completely.
So be it.
Unfortunately despite a very good
draft law gathering dust at the Rada, the October 2014 Rada elections were
conducted under the then existing very flawed law. Naturally the adoption
of the far better draft law didn’t happen due to the fact it relied upon the
Yanukovych era Rada passing that law in order for it to be in force for the
current and sitting Rada.
What did happen, is that when the
Rada election campaigning was in full flow, the
president signed some amendments to the then existing law regarding electoral bribery and corruption –
far too late to prevent bribery and corruption in the elections for the current
Rada.
However, at
the time, this blog noted “Indeed, one of the
first laws that should probably be passed by a new RADA are the currently pending
new election laws. It would give those laws 5 years, via numerous minor
elections a chance to bed in, being amended to fine tune if necessary – in the
best case scenario. In the worst case scenario, the new laws would be in force
for any early RADA elections should a full 5 year term not be the fate of the
RADA sworn in post 26th October.”
That did not happen either.
Thus electoral campaigning,
officially or otherwise, is already underway for the local elections to be held
on 25th October – despite candidates and party lists yet to be officially
compiled and announced – under a substandard electoral law that has yet to be
replaced by a far improved and entirely ignored draft law now almost 2 years
old .
However, and it is never a good
idea to change electoral laws with an impending ballot date, no election law
changes are anticipated before voting day. Instead, this time, on 31st
August, the powers of those victorious in the elections will have changed via
the “decentralisation amendments”.
That then, theoretically will see
a full reset of political power until 2020 per the legal 5 year terms –
unseemly and flawed as the journey may have been.
Except it appears not.
Yesterday President
Poroshenko stated that following
these local elections, yet more local elections will be held in two years time!
Why? They are supposedly
elected into office for 5 years.
Apparently – “Following the voting
for the amendments to the Constitution, another local election will be held in
two years after we form the regulatory framework for decentralization.
These local elections should be organized in fair and transparent
fashion, as they form the international reputation and image of the whole
state.
I ask you to
elaborate amendments to the law that will make it impossible to bribe voters,
and responsibility for the use of such schemes should be toughened. I am sure
that candidates who buy votes should never take part in Ukrainian elections
again.”
We are to infer from this that
after 31st August sees the constitutional amendments relating to
“decentralisation” strong-armed through the Rada, that those amendments will
not fully take effect until two years later when a “regulatory framework for decentralisation”
has been formed?
There is no regulatory framework
already drafted? The plan is to muddle through somehow trying to adhere
to the newly amended constitution – or not?
Does a lack of preparation and
framework planning by “the centre” legitimise or justify new early local
elections? If so should there not be new elections every time a major
legislative or framework change occurs that effects “the system”?
Is it a nod toward the Donbas in
2 years time? Perhaps a hopeful time frame?
Some cynics, considering that the
October local elections may not give “the centre” the results they anticipated
as outlined
in yesterday’s entry, may think that there will be more or less permanent election cycles
until “the centre” gets the results it likes (not that Ukraine can afford such
frequent electoral luxuries).
We are also to infer from this
that the very reasonable electoral draft law thus far ignored and gathering
dust on a shelf somewhere in a dank office located just off a dimly lit
corridor within the bowels of the Rada is to be ignored once more?
The preference being yet more
amendments to a poorly crafted electoral law that currently sits within the
statute books – the amendments aimed at making it “impossible to
bribe voters, and responsibility for the use of such schemes should be
toughened. I am sure that candidates who buy votes should never take part in
Ukrainian elections again.”
From this we can imply that voter
bribery and corruption will occur at the October elections and be tacitly
accepted because those amendments are yet to be drafted and passed?
But what of the amendments made
mid-election campaigning for the Rada elections in 2014? Weren’t they
supposed to provide deterrence from engaging in electoral bribery and
corruption?
What were the amendments made on
the eve of the Rada elections in 2014?
“Thus it is now an
offence for organisations, institutions, and enterprises to provide undue
advantage, or the provision of free goods and services to voters for fear of
imprisonment for 2 – 4 years, and/or depriving those responsible within from
holding certain public office for a period of 1 – 3 years.
Those that would
obstruct the execution of free universal suffrage (violating electoral rights),
including the functioning of election commission personnel and observers,
together with acts of bribery, fraud or coercion, now face a prison term of 2 –
3 years.
Abuse of office,
including members of the election commission now carries a sentence of 3 – 7
years.
Also illegal
instruction to an election official in order to effect or influence the
election commission now carries a 5 – 10 year sentence, forgery of election
documents 3 – 7 years, and theft or concealment of ballot boxes 5 – 7 years.
There is also some
adjustment in the existing fines mechanisms.”
These are not sufficient
penalties? They do not deter those pondering electoral nefariousness?
There needs to be more amendments with a far sterner outcome which will
mysteriously have far greater effect with regard to prevention?
Would it not be simpler, with the
local election campaigning already underway, to actually enforce the aforementioned
19th/20th October 2014 amendments AND START THROWING PEOPLE IN JAIL!!!!
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