Ukraine

It is well known that the organization and administration of elections are an important determinant of the course and character of election campaigns to state bodies of power and local self government bodies. Different countries take different approaches to election administration. The subjects or participants of electoral processes also vary from land to land. The institutions to which persons are elected may be permanent bodies or units thereof, or temporary ones. Office may be held on a volunteer (non-paid) basis. Everything depends on such factors as the peculiarities of the electoral system, the system of state power, the quality of democratic development as well as national traditions.
In independent Ukraine the Central Election Commission organizes elections and all Ukrainian referenda at the national level. Until 1997 the Central Election Commission was de facto a temporary body called together by the Parliament to administer specific election campaigns and elections. For example, the law On Election of People ’s Deputies of Ukraine passed in 1993 provided that the Central Election Commission (supreme election administration body) is constituted, as a rule in parallel with the calling of a parliamentary election. However, in 1997 a law was adopted that defined the Central Election Commission as a permanent government body charged with ensuring the organization and administration of presidential and parliamentary elections as well as all Ukrainian referenda, all in accordance with the Constitution and laws of Ukraine.
It should be noted that the Commission has thrice changed composition over this time period. The first transition took place in November 1997; the second in February 2004, as commissioners ’ terms in office expired; and the third in December 2004. The latter changing of the guard occurred at the behest of the President and Parliament of Ukraine, which voted to terminate the authority of all Commission members. This decision was taken as a consequence of the Commission ’s organization and conduct of the election of the President of Ukraine on October 31 and November 21, 2004. The legal basis for this decision was the Supreme Court decision dated December 3, 2004, which found the action of the Commission in recognizing the results of the November 21 vote unlawful and which ordered the conduct of a repeat fun off round. A new Commission was formed to organize this vote, and this Commission continues to work to this day. To shed some additional light on the weight of the decision [dismissing the old and appointing a new group of commissioners] it should be noted that it was voted on in conjunction with amendments to the Constitution of Ukraine (which have substantially changed the form of government and the authorities of higher government institutions) and the adoption of a special election law, which was developed solely to regulate the repeat run-off in the presidential election.

Legal status of the Commission, its composition, and organizational principles and procedures
Legally speaking the Commission is a permanent collegial government body, which exercises its powers independently of other government bodies, local government bodies, and their officials and staff. No other body or official, citizen or organization may interfere with the work of the Commission as it exercises its powers.
The Commission’s primary tasks are organizing the preparation and administration of elections and referenda in Ukraine, securing the exercise and defense of the constitutional rights of citizens to vote and participate in referenda, and securing the sovereign right of the Ukrainian people to choose their government. The Commission is also tasked with ensuring uniform application of election and referenda law throughout the territory of Ukraine by electoral process participants (including political parties); taking measures to heighten the legal awareness of electoral process participants; and assuring the accreditation of observers from other countries and international organizations.
The law provides that the Commission conducts its activities on the basis of the rule of law, lawfulness, objectivity, competence, professionalism, collegiality and justified nature of decision making, openness and transparency.
The legal guarantees for the Commission’s work on the above principles are found in the Constitution, the Law of Ukraine On the Central Election Commission, and other laws, in particular those that regulate specific elections and referenda.
The law provides that the Parliament of Ukraine appoints 15 members of the Central Election Commission nominated by the President. The chief executive is obligated to take into account the propositions of all deputy factions and groups in Parliament when nominating Commission candidates.
Deputy factions and groups first discuss the various candidacies, and then the relevant Parliament committee vets these individuals.
Newly appointed Commission members take an oath of office according to a standard text contained in the Law on the Central Election Commission.
At their [first] meeting the members of the Commission elect a Chair and two Deputy chairs as well as a Secretary. Commission members are appointed to seven-year terms.
The Commission’s primary official work instrument is the meeting. At meetings the Commission may review any question within its jurisdiction.
A meeting is considered legitimate if a quorum, consisting of not less than two thirds of the total number of commissioners prescribed by law is present.
The Commission documents meetings through a protocol, which is signed by the Commission Chair, or in his or her absence, by the commissioner presiding at the meeting, as well as the Commission Secretary.
Agenda items are reviewed and decisions thereon are taken at Commission meetings in the form of a resolution or protocol decision. The Commission is also permitted to take protocol decisions on everyday internal activities.
The Commission makes decisions at Commission meetings through open voting with a majority of Commission votes. Dissenting Commission members present may establish, for the record, their dissenting opinion, which is attached in written form to the protocol of the relevant Commission meeting.
It is worth noting that decisions of the Commission adopted within its authority are mandatory for all electoral process participants (including election commissions), as well as executive bodies, local self government bodies, their subunits, officials and staff, unions of citizens, enterprises, institutions, organizations of all forms of ownership. Decisions taken by the Commission may be altered only by the Commission at its own initiative or upon court order.
To get an idea of the volume of work that the Commission performs it is worth noting a few numbers. Just in the period of the 2004 presidential election the Commission conducted 137 meetings and adopted more than 1,425 Commission resolutions.

Powers of the Commission in organizing and conducting elections and referenda
The Commission heads the system of election and referenda commissions established for the conduct of presidential elections, elections of people ’s deputies of Ukraine, and all Ukrainian referenda. The Commission does not have such a relationship with lower level commissions when it comes to the organization of local elections and referenda.
The Commission’s authorities also vary depending on the type of election being conducted.
The Commission’s powers are particularly broad when it comes to conducting elections of the President of Ukraine. It is the Commission that announces the beginning of the electoral process at presidential elections as well as elections of people ’s deputies of Ukraine [parliamentary election]. In both cases the Commission heads up all lower level commissions involved in such elections, and directs and supervises their activities.
Key powers at both such elections include the authority to form territorial election districts, as well as the formation of territorial election commissions. In both types of elections the Commission also serves as a territorial election commission for the single territorial election district established for voting conducted abroad.
The Commission’s primary authorities in organizing and conducting such elections include:
- ensuring the proper expenditure of funds provided by the State Budget of Ukraine for preparation and conduct of elections;
- controlling the manner in which candidates and political parties (blocs) accumulate, account for and expend their election funds;
- developing and clearing the form of election documentation, ballot boxes, election commission seals, as well as procedures for safekeeping and transfer of election documentation to the relevant state archive institutions;
- registration of candidates, their proxies, as well as candidate and political party (bloc) representatives with the Commission;
- establishing and officially announcing election results.
In organizing and conducting all Ukrainian referenda the Commission, among others:
- registers initiative groups;
- approves the form of signature lists in support of an all Ukrainian people’s referendum;
- heads the system of commission established for preparation and conduct of the all Ukrainian referendum and guides their activities;
- establishes all Ukrainian referendum commissions (except for polling station commissions);
- approves the budgets for referendum commissions using funds provided by the State Budget of Ukraine, and supervises expenditure of these funds.
The Commission also establishes and announces the results of all Ukrainian referenda at the national level, and publishes such information.
Some of the most typical authorities of the Commission in organizing and conducting elections of deputies of the Supreme Council of the Autonomous Republic of Crimea and local elections (deputies of local councils, and village, settlement and city heads) include:
- control over the organization and conduct of the above named elections;
- ensuring that election laws of Ukraine are adhered to and that they are applied uniformly throughout the territory of Ukraine;
- the calling of repeat and by elections of deputies;
- the calling of repeat and by-elections of deputies of local councils and village, settlement and city heads, if the territorial election commission or local self government body normally responsible for calling such elections fails to do so in the term prescribed by the law;
- control over the establishment of territorial election commissions at local elections.
The Commission also plays a certain role in organizing and conducting local referenda (its powers in this area are limited primarily to providing consultative and methodological assistance to commission established for the conduct of local referenda, as well as to approving the requisite documentation).
In the years since Ukrainian independence (from 1991 onwards) the Commission has organized three parliamentary (1994, 1998, 2002), and three presidential (1994, 1999, 2004) elections as well as one all-Ukrainian referendum (in 2000). The organization of each of these processes had its own peculiarities. For example, during the 1998 parliamentary election the Commission became a permanent body "on the march", i.e. in the middle of the election campaign. Administration was complicated by the fact that the election was being conducted with a mixed system - one half of the deputies were to be elected in single mandate constituencies while the other half - on a proportional basis. What’s more, this election was conducted as a prelude to the presidential election, and this too left its mark on the organization of the entire enterprise.
The working environment for the Commission in organizing and conducting the 2004 presidential election was extremely complex. This complexity flowed from the pre-election socio-political situation.
The election took place in three rounds, indeed the third (court-ordered repeat run-off) was conducted under a law that fundamentally altered the procedure for organizing and conducting voting, as compared with the framework for the first two rounds. The new Commission had less than three weeks to organize and administer the new election, and this time frame included time for constitution of completely new territorial and polling station commissions. The Commission ’s work was recognized by many international organizations, and the OSCE/ODIHR 2004 Election Observer Mission to Ukraine ’s Final Report, dated May 11, 2005, is among these.

Responsibilities of the Commission Chair, Deputy chair, Secretaries, and other Commission members
The general management of the commission is done by the Chair. He calls commission meetings but if he is absent one of the Deputy chairs should do it, if they are absent or refuse to do it than the meeting should be called by not less than 1/3 of the members of the Commission. It is obligatory they notify all commissioners of the time and place of the meeting. The Chair proposes the agenda for the meeting that should be confirmed by the commission ’s vote. The Chair represents the commission in governmental and self-governmental institutions, peoples unions, election commissions, referendum commissions, undertakings, establishments and organizations, foreign countries, and with voters. Besides that the Chair:
- Informs the Parliament of Ukraine and the President of Ukraine about the results of presidential elections, parliamentary elections, and results of all-Ukrainian referendums under the authority of the commission;
- Signs the Commission’s resolutions and protocols of the Commission meetings;
- Ensures an examination of appeals received by the commission, personally receives Ukrainian citizens, and subjects of the legislative and referendum processes;
- Appoints and dismisses officers including the leader of the secretariat of the Commission and other staff members of the secretariat of the Commission;
- Submits for Commission approval the financial report about expenses from the State Budget of Ukraine that was given for preparing and conducting elections or referendums. He or she directs financing from the State Budget of Ukraine that is given for maintaining the Commission and secretariat.
Some of the Chair’s responsibilities can be carried out by the Deputy chair if ordered by the Chair or if empowered when he is absent or it ’s impossible for him to conduct his responsibilities. The Chair is responsible for preparing Commission meetings, agendas, and materials that will be examined at the meeting. He provides the commissioners with the minutes, informs them about Commission decisions, orders or charges of the Chair of the Commission and/or the members of the Commission, other election commissions, referendum commissions, governmental and self-governmental institutions, undertakings, establishments and organizations, their staff, subjects of the legislative and referendum processes, and gives the information to the mass-media.
Commission members have the right to be independent during the examination of the issues and the responsibility to do their duty. In particular, commissioners:
- Prepare issues for Commission examination and participate in the discussion during the Commission meeting;
- According to the Commission’s decision or the Chair’s order they should represent the Commission in governmental and self-governmental institutions, election and referendum commissions, citizens unions, undertakings, establishments and organizations;
- Examine the appeals from the subjects of legislative and referendum processes;
- Make propositions regarding appeals to the Constitutional Court of Ukraine about official interpretations of the Constitution and Laws of Ukraine in election and referendum issues;
- Make propositions about involving scientists and specialists in the expert, analytical and other work that the Commission is responsible for.
Commissioners have the right to:
- Receive the needed documentation, statistics, accounting/financial reports and other materials, about the issues the commission is responsible for from executive powers, local self-government institutions, election and referendum commissions, citizens unions, undertakings, establishments and organizations, political parties or blocs;
- Involve into the process, professionals on specific issues such as scientists, specialists, experts, workers of the undertakings and organizations, and the Statistical Control-Revision Service;
- Give propositions (demands) about the election or referendum processes that are obligatory for examination;
- Be present at the meetings of the Parliament of Ukraine and its committees, temporary special and temporary investigation commissions, and also at the meetings conducted by the Cabinet of Ministers of Ukraine, in ministries and other institutions of state power and institutions of local self-government where there is discussion of the issues of conducting elections and referendums.
The Commission decides how to share the responsibilities [divide work] among Commission members.

The Commission’s activity on improvement of electoral legislation and raising legal culture of voters
Along with its main activity the Commission’s members take an active part in preparation of legislative proposals on improvement of electoral process, in number of educational programs directed towards raising legal culture of voters, scientific and practical conferences and other events, related to electoral processes.

Preparation practically of all laws of Ukraine regulating elections, (unfortunately, according to Ukrainian tradition each new election campaign is conducted under new legislative procedures) is fulfilled with active participation of the Commission ’s members.
During preparation and conducting of elections in Ukraine the Central Election Commission constantly conducts different events (seminars, conferences, trainings, courses) on training election commission members and interpretation of constitutional rights to voters.
It became a good tradition in the Central Election Commission to accomplish election campaigns by preparation of analytic materials on its results. Every time participating in a new election the Commission prepares well-grounded explanatory base on its organization and conducting.
To fulfill its authorities, implementing functions and tasks on election and all-Ukrainian referendum organization stipulated by law, the Commission has prepared during its lifetime number of compendiums of legal acts on organization and conducting of presidential elections in 1999 and 2004, elections of people ’s deputies of Ukraine and local elections in 1998 and 2002 as well as all-Ukrainian referendum in 2000.
Training materials for polling station commissioners on conducting parliamentary and local elections became one of the first editions of the Commission, prepared and issued in collaboration with the International Foundation for Election Systems (IFES). With the assistance of members of the Central Election Commission and employees of its Secretariat training materials for polling station commissions on preparation and conducting of elections of people ’s deputies of Ukraine and local elections 1998 and 2002 were prepared and issued.
Based on necessity to ensure publicity and transparency of the Commission’s activity as well as electoral process, in 1998 the Commission prepared and issued the analytic edition "Ukrainian Parliament: elections-98", next year the analytic edition was "Ukraine Presidential Election 1999". So it ensured wide public awareness about organization, course of events and results of these election campaigns.
Publishing activities of the Central Election Commission is marked by positive dynamic. In 2001 the Commission ’s members and employees of its Secretariat prepared and published compendium "Elections and referendums in Ukraine: theoretical and practical problems". Important theoretical and practical theses on formation and improvement of Ukrainian election legislation during the independence years, evolution of electoral systems, and participation of political parties in electoral processes and referendums, raising legal culture of participants of electoral processes and referendums, legal regulation of participation of mass media were analyzed in details in professional articles of this edition. An actual information edition "Political parties of Ukraine" was published next that year. It contains information on political parties in Ukraine registered by the Ministry of Justice of Ukraine. This book was in popular demand among heads and activists of political parties, participants of electoral processes and referendums, political scientists, and all interested in country ’s politics.
In 2002 two scientific practical commentaries to the Law of Ukraine on Elections of People ’s Deputies of Ukraine prepared with the assistance of the Commission’s members, were published.
"Compendium of court cases arising from the 2002 elections of people’s deputies of Ukraine" became the first and successful endeavor to systematize decisions on electoral process and protection of constitutional voting rights of citizens.
Traditional round tables, different seminars, international scientific-practical conferences on results of election campaigns started by the Commission were also included in publishing activities of the Central Election Commission. Namely, materials of conferences "Ukraine. Elections-98. Experience. Problems. Perspectives", "Ukraine Presidential Elections - 99: theoretical and practical problems", "Role and place of mass media in electoral process" (2000), "Elections and referendums in Ukraine: legislative ensuring, problems of implementation and ways of development " (2003) were published by separate compendiums.
The 2004 presidential election campaign also required new editions. Three editions of the Compendium of legal acts were published, the first two of which were devoted to organization and conducting Ukraine presidential election on October 31, 2004, and the third to problems of financial and material-technical support of territorial election commissions.
"Trainings materials for polling stations commissioners on the 2004 Presidential election " summarized many issues and is known as the most well-grounded publication.
Number of editions authored and co-authored by the Commission’s members and published by other institutions, became necessary for more effective work of election operatives. Particularly, scientific editions are "Legislation on Parliamentary elections: actual theoretical and practical problems " (2001), "Universal suffrage of Ukraine" (2003), scientific publication "Examination of electoral disputes according to the Ukrainian Law on Presidential election of Ukraine " (2004).
In 2005 the Central Election Commission published 6 new works: "Compendium of court cases arising from the 2004 Ukraine presidential election"; informational-analytical work "2004 Ukraine Presidential elections" collected electoral statistics on the 2004 Presidential elections; collected materials of the international scientific-practical conference "Ukraine Presidential election - 2004: theoretical and practical problems", conducted on June 9-10, 2005; the second, supplemented informational publication "Political parties in Ukraine", booklet about the Central Election Commission. Few months ago a new periodical "Bulletin of the Central Election Commission" was registered. It will be published every quarter.

The Commission’s International Activity
At the beginning of the 1990’s (after Soviet Union’s collapse) Central and Eastern Europe countries, including Ukraine, started the process of forming election systems based on multi-party format. The one-party system - that almost always looks like a farce - was rejected with the goal of initiating a truly competitive political process. The Symposium of Central and Eastern European Election Systems took place July 30 till August 2 of 1991 (organized by the International Foundation for Election Systems IFES, the Organization for Cooperation and Security in Europe OCSE, and also by the Department of National Elections of Hungary) became a forum for discussions between elections organizers in the region and experts from countries with developed democracies regarding problems with election systems.
As a result of many-sided discussions (additionally conducted November 18 and 19 in Budapest) a report was issued about the creation of a regional institution, The Association of Central and Eastern European Election Officials. It was signed by representatives from Albania, Bulgaria, Czechoslovakia, Hungary, Poland and Yugoslavia, and later by representatives of Estonia, Latvia, and Lithuania. The main goal was systematical information interchange among the association ’s members.
A bit later the Parliament of Ukraine agreed to affiliate the Central Election Commission with the Regional Association of Central and Eastern European Election Officials. Parliament entrusted the Central Election Commission with the elections of parliamentary deputies to ratify the constituent document of Association - and that was done July 16, 1992. From that moment the Commission actively takes part in the work of the Association of Central and Eastern European Election Officials. According to the constituent documents of the organization, it was decided to annually conduct the conferences on theoretical and practical issues in electoral processes. The first event was conducted in Budapest in April 1993. The Ukrainian delegation offered to organize the next conference in Ukraine. It was conducted in Kyiv in December 1994.
In July 1992 the Central Election Commission (CEC) completed an agreement for dual cooperation with the Main Election Commission of the Lithuanian Republic, the National Election Commission of the Polish Republic, the Central Election Commissions of the Azeri Republic, the Latvian Republic, and the Russian Federation, and the Central Department of Registration, Data Handling and Elections of the Ministry of Internal Affairs of the Hungarian Republic. Since then the international experience has been widely used and is the main orientation of CEC activities. The best endorsement of this is the constant attention that the CEC pays to learning foreign election legislation and election technologies, as well as getting into contact with international organizations and election institutions of many countries. Undoubtedly the experience and information interchange on the issues of organizing the election process and technologies noticeably enriches the Commission ’s experience. Commission members and its’ Secretariat staff participate in observing the organization and conduct of Parliament, the Presidency, and municipal elections in many countries.
The CEC signed a plan of cooperation with the United States Agency for International Development (USAID) for the years 2005 -2006. It provides for the conducting of scientific and practical seminars, round tables, and working meetings on the topic of election legislation issues. Commission members, the commission secretariat staff, members of parliament, non-governmental organization (NGO ’s) representatives, scientists, and experts are invited to participate in these events.
According to that plan, in July 2005 an international scientific and practical conference was held entitled, "The Presidential Elections in Ukraine 2004: Problems of Theory and Practice". Many Ukrainian and foreign specialists participated in it. During the conference the issues of organizational problems in the Ukrainian Presidential Election and how to improve current election legislation were deeply analyzed. According to the plan, the collective speeches of the participants were published.
The CEC traditionally and constantly cooperates with the OSCE. During the last year many meetings were conducted with representatives of the Secretariat of the European Council, the European Committee, the Office of the Bureau of Democratic Institutions and Human Rights in the OSCE, and the Office of the Coordinator of the OSCE projects in Ukraine. Discussions most often related to the following matters:
- Developing offers for improving legislative mechanisms for forming and checking voters lists during the organization and conduct of parliamentary and local elections in 2006, and the forming and implementation of the List of Voters in future;
- Improving the voting procedures for Ukrainian citizens with disabilities and citizens who are unable to come to the polling station because of the state of their health.
- Organizational training with the Commission’s support for representatives of political party and candidates representatives on election commissioners at all levels including the Ukrainian Parliament, local councils, villages, settlements and city mayors in 2006.
- Provided support during the probation period and training Commission members, Commission Secretariat staff, and future members of election commissions at all levels in countries with developing democracies.
On September 8, 2005 the plan of cooperation was signed between the CEC and the OSCE regarding activities related to elections in the context of the project, "Strengthening and Further Improving of Democratic Management in Ukraine ".

Informational transparency of the Commission
Transparency and publicity were and are basic principles of work of the Commission and are its distinguishing features from the moment of its creation. Practically from the very beginning of its activity the Central Election Commission has its press service. Indeed this organization department is in charge of issues related to domestic and foreign mass media awareness about Commission ’s activity. Usually, about 150 representatives of state and commercial mass media are accredited by Commission in constant duty.

There is no doubt that during electoral process this number will increase. For example, during the presidential election 2004 about 1300 journalists from 33 countries of the world were accredited by the Commission. By the most conservative estimate about ten thousand of their colleagues covered elections in all regions of the state. Due to the fact that their unimpeded work at legislative level and control from the side of the Commission were ensured, people inland as well as abroad received operatively objective and fresh information on elections. Undoubtedly, site of the Central Election Commission became a good support in it.
The Central Election Commission is used to cover its activity on its web-page. In spite of the fact that main legal documents regulating establishment and operation of departmental web sites, came into service only in 2000 -2003, the Commission’s site was established in 1998. Since then, operative filling and improvement of the site is one of the main tasks of the Commission and its Secretariat.
The site of the Commission contains sections about Commission’s members, its activity, "Legislation, legal acts of the Central Election Commission", "Training materials" and "Political parties". New columns "News", "Issues of current importance", "Mass media about the Central Election Commission", "We have got a mail", "Photo files", "Forum" were met approvingly by Internet users. Such innovations as site map and handy search system were not left without attention. By the way, last block gives an opportunity to fulfill precise and specific search of Site ’s documents by separate words (phrases) from legal acts of the Commission. And this is not a full list of innovations, which have already been presented to users, press and interested specialists, and soon will stand them in good stead during election to the Verkhovna Rada of Ukraine next year.
It is natural that popularity peak of the Commission’s site usually falls on election campaign. A striking example can be the recent presidential election when in autumn 2004 and winter 2005 rating of the Commission ’s site exceeded all optimistic predictions. Only in January 2005 the total number of site ’s visitors was 40329. Culmination of site’s popularity was January 10, 2005 (day of declaration of results of the presidential election 2004). Only during this day about 9 thousands visitors addressed the site, and the number of downloads exceeded 11 thousands. It is indicative that even with such load web page of the Commission stood, first of all, technical test. Second, it proved its viability, successfully withstood under number of hackers ’ attacks.
Just at that time Department of Information of the Secretariat of the Commission succeeded in ensuring operation of separate sections of the site, which were directly devoted to the presidential election in real-time operation mode. Practically immediate updating of count of electronic protocols (and henceforth paper) during election significantly simplified work of many domestic and foreign journalists, covering electoral process. They, as other Internet users, could not only observe an automatic increase of absolute figures and percentage but had clear idea about the dynamic of growth at the regional level, territorial and polling station commissions. This, in its turn, gave opportunity comprehensively to analyze development of the situation, promptly inform public about the course of events.
Today we can state that site of the Central Election Commission, integrated in a system of Single Portal of the Cabinet of Ministers of Ukraine, contains all profile information resources according to proper requirements of citizens. Commonality of its columns and structured information meet almost all requirements in the context of satisfaction of information needs of citizens and establishment of on-line connection with information consumers. Therefore, the site fulfils its main task; it promotes transparency and openness of the Central Election Commission in its activity.
Results of many years work of the Commission is evidence of its ability to ensure proper organization of electoral processes, ensuring and protection of voting rights of citizens, development of democratic foundations of the Ukrainian state and society.