Saturday, February 27, 2016

Watchdog slams changes to Ukrainian election law

Veronika Melkozerova

The International Foundation for Electoral Systems, a global election watchdog, has slammed changes parliament has made to Ukraine's #election_legislation, saying the amendments were "inconsistent with international standards."

According to the amendments to the law, which was signed by Ukrainian President Petro Poroshenko on Feb. 25, political parties will be allowed to exclude lawmaker candidates from their party lists immediately after elections.


“According to the law, from now on it is the parties, not the voters, who will decide who is elected under the party lists. Candidates can be crossed out from a list at any time once the election results are officially published by the Central Election Commission,” reads an official statement posted on the IFES’s Facebook page.

The International Foundation for Electoral Systems (IFES) is a global organization that supports the right to free and fair elections in more than 140 countries around the world.

The IFES said the adopted law violates the principle of legal certainty, “can open the door to political corruption, and would have a negative impact on internal party democracy, because candidates who do not share the views of the party leadership can be excluded from the party lists after the elections.”

The law, No. 3700 “On changes to the law on the deputy election process that will allow the expelling of deputy candidates from party lists in multi-mandate constituencies” was finally approved by the parliament on Feb. 16 after hours of procedural tussles.

Lawmakers supporting the bill made 18 attempts on Feb. 16 to have the law included on the agenda of the parliament session before it was finally voted on.

Serhiy Leschenko, a reformist lawmaker from the pro-presidential Bloc of Poroshenko Bloc, called the law “a bill for the dictatorship of party chiefs,” saying it would allow party bosses “to cleanse their party lists of unfavorable lawmaker candidates who are in line to enter parliament.”

But Volodymyr Fesenko, the head of the PENTA center of political research, told the Kyiv Post that this “not so democratic law” would be in force only for the current parliament.

“This parliament has approved this law because of the increasing internal conflicts in all the ruling parties. The old political alliances are in ruins. Who wants to see his or her sponsor in the past, who is now an enemy, sitting next to him (in parliament)?” Fesenko said.

According to Fesenko current lawmakers won’t be affected by the changes to the law - it only concerns new candidates.

“When lawmakers like (Mykola) Tomenko or Yegor Firsov and others decided to leave their faction (the Bloc of Petro Poroshenko), they cleared places for the next candidates (on the party lists). But some of these (candidates) have become extremely unfavorable to the president’s party and the other forces that rule in parliament,” said Fesenko.

Thirteen lawmakers have already left the Bloc of Petro Poroshenko.

On Feb. 2 Leschenko wrote on his Facebook page that the aim of the law was to get rid of Andriy Bohdan, № 74 on Poroshenko's party list and the next candidate in line to enter parliament.

According to Leschenko, Bohdan, who is now the defense lawyer for Hennady Korban, is a close ally of Dnipropetrovsk oligarch Ihor Kolomoysky. Korban is currently facing charges of kidnapping and money laundering.

“Bohdan, Kolomoysky’s man, was included in Poroshenko’s Party list more than a year ago, when an alliance with the Dnipropetrovsk oligarch was profitable for the president. Now there is war between them. So they will do anything to expel Bohdan,” wrote Leschenko.

Fesenko partly confirmed Leschenko’s claim.

“This law benefits at least three political forces. (Oleh) Lyashko’s Radical Party and (Yulia) Tymoshenko’s Batkivschyna Party also has some candidates who have no credibility. The leaders want to have more control over the party lists,” said Fesenko.

According to the Rada website, law No. 3700 was co-sponsored by Yury Lutsenko, the head of the Bloc of Petro Poroshenko fraction, Yulia Tymoshenko, the leader of the Batkivschyna Party, Oleh Lyashko, the head of the Radical Party, Samopomich Party faction head Oleh Berezyuk, People’s Front faction head Maxym Burbak, and Radical Party lawmaker Oleh Kuprienko.

Poroshenko signed the law nine days after it was approved by the Rada and just a day it was sent to him for signature. The swift approval of the law contrasts with other key legislation, such as the law on the National Police of Ukraine, which the Rada approved on July 2, 2015 but Poroshenko only signed in August, a month later.

According to the IFES, the only other country in Europe that has introduced a “party-administered mandate” is Serbia. The respective provision in the Serbian Parliamentary Election Law was strongly criticized by the Venice Commission and the Organization for Security and Cooperation in EuropeOffice for Democratic Institutions and Human Rights. In particular, the Venice Commission noted that “under proportional representation systems, the order of the list usually determines the allocation of mandates; otherwise mandates are allocated on the basis of preferential votes for candidates.”



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