According to the agenda of the 65th Plenary Session of the Commission (Venice), the participants discussed the Law on making amendments to the law of Ukraine on elections of people’s deputies of Ukraine of 7 July 2005 and draft law on the state register of voters of Ukraine. The Commission was also invited to hold an exchange of views with Iuri Kliuchkovskyi, Representative of the President of Ukraine.
After considering and discussing items touching upon Ukraine, the Commission recommended Ukraine to create the single register of voters and the single Election Code. Judging by the experts’ analysis and OSCE reports, the Commission declared Ukraine’s election legislation rather contradictory one. It also mentioned that there are different acts regulating the similar issues in the election legislation and they often duplicate each other.
Regarding all mentioned above, the Commission recommends Ukraine to elaborate the election code which is to unify all articles connected with the election. Having analysed the Act of Ukraine on Parliamentary Election, the Commission found lots of disparities with the European Standards.
In particular, the Act on Limited Right of Participation in the Election regarding the Place and the Term of Living in Ukraine and also the Act on Criminal Responsibility need to be revised. The Commission reckons existing 225 electoral districts in Ukraine to be unnecessary as well.
According to the Commission’s conclusions, another contradictory to Euro standards is to limit the right of parties on participation in the election commissions in case the parties do not have their own representatives in the parliament.
The Commission noted that Ukrainian laws do not define the way of possible interference of the state bodies in the election. Besides, Ukrainian legislation has two notions – “the list of the voters” and the register of the voters.” So, it is necessary to form single e-register of the voters for everyone to have free access to it. The Commission pointed at the fact that the Act does not provide the voters with the right of free access to the information about the financial resources and the sponsorship of the candidates.
It also necessary to specify the agencies for the election results to be appealed because, according to existing law, they may be appealed simultaneously in the election commissions and the court, the Commission (Venice) concluded.
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