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Ukraine
2019
EOM
Presidential
Serious consideration should be given to revising the method of formation of DECs and PECs, including by introducing a reasonable maximum number of members which corresponds to the actual needs. The possibility to establish permanent DECs could also be considered.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Ukraine
2019
Early election
EOM
Parliamentary
elections
As previously recommended, consideration should be given to adopting an election code applicable to all types of elections in an inclusive process following consultations with relevant stakeholders.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Legal Framework
Ukraine
2019
EOM
Presidential
Since a presidential election is conducted in a single nationwide constituency, the requirement to justify requests for temporary change of voting place could be waived. The procedure could be facilitated by enabling voters to submit requests electronically and allowing changes to be valid for more than one round. Submission of requests through a proxy could also be permitted for voters who are temporarily unable to move independently. Furthermore, voters registered where voting cannot take place could be permitted to submit requests at any RMB.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Voter Registration
Ukraine
2019
Early election
EOM
Parliamentary
elections
To fully guarantee freedom of association, bans on political parties should be reviewed as should the wide discretionary powers of authorities to deny registration or deregister political parties on unclear and subjective criteria. Any restrictions on fundamental freedoms should have the character of exception, are imposed only when necessary in a democratic society, are proportionate with a legitimate aim, and are not applied in an arbitrary and overly restrictive manner.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Legal Framework
Ukraine
2019
EOM
Presidential
The authorities, political parties and candidates should take steps to safeguard a clear separation between their official rights and responsibilities and their functions as a candidate.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Campaign Environment
Ukraine
2019
Early election
EOM
Parliamentary
elections
Consideration should be given to revising the method of formation of DECs and PECs, including by limiting the possibility for replacements of commissioners, introducing their compulsory training and certification, at least at the DEC level, and creating a national register of election commissioners as an alternative mechanism for the recruitment of the PEC members. The possibility to establish permanent DECs could also be considered.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Ukraine
2019
EOM
Presidential
The legal framework on campaign finance should be further strengthened to ensure that third-party financing and in-kind contributions do not circumvent regulations and reporting requirements. Dissuasive and proportionate sanctions should be established. The NAPC should be designated as the sole independent oversight body to monitor and investigate compliance with campaign-finance regulations and should be sufficiently mandated, empowered, and resourced.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Campaign Finance
Ukraine
2019
Early election
EOM
Parliamentary
elections
In line with international obligations, restrictions on the suffrage rights of persons with mental disabilities should be removed.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Voter Registration
Ukraine
2019
EOM
Presidential
To ensure a transparent and credible electoral process, the CEC and DECs should consider all complaints on merits, regardless of technical irregularities, and adjudicate them impartially in open sessions, making public all complaints and decisions. Courts should apply broad interpretation of the law on admissibility and adjudicate cases and draft decisions using sound and coherent reasoning. Measures could be taken to enhance consistency in court decisions.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2019
Early election
EOM
Parliamentary
elections
Restrictions on the right to stand which conflict with OSCE commitments and other international obligations and standards should be removed.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Candidate Nomination and Registration
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