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Ukraine
2014
Early election
EOM
Parliamentary
elections
The election law should be amended to eliminate the existing gaps and inconsistencies so as to reduce the scope for non-uniform application of the law and the resulting problems in the adjudication of electoral disputes. The CEC should adopt additional regulations wherever the law does not provide sufficient detail. Both the CEC and the courts should refrain from delivering inconsistent decisions and should treat like cases alike. Consideration could be given to procedural rearrangements in the higher courts so that electoral disputes are adjudicated by the same panels, or that other safeguards are provided against inconsistent application of law by the same court.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2014
Early election
EOM
Parliamentary
elections
Consideration should be given to rearranging practical aspects of the counting and tabulation processes, so as to facilitate the receipt and processing of election materials on election night. For instance, paper packages for election materials used by PECs could be replaced with sturdier packages to avoid damage during transportation and thus unnecessary consequences at DECs.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Tabulation and Announcement of Results
Ukraine
2019
EOM
Presidential
As previously recommended, serious consideration should be given to adopting a unified election code. In line with international good practice, it should be adopted in an open and inclusive manner, and any changes to fundamental aspects of the election system should not take effect less than one year prior to an election. The CEC should adopt all necessary regulations to supplement the legislation.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Electoral System and Legal Framework
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
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
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
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
EOM
Presidential
Parliament should safeguard the public broadcaster’s editorial independence by providing it with sufficient funding and granting it full financial autonomy. Sufficient and sustainable funding would allow UA:PBC to serve as an alternative to the highly politicized and controlled private media sector.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Ukraine
2019
EOM
Presidential
Effective measures should be taken to strengthen recruitment and training methods in order to ensure professionalism of election commissioners, with remuneration commensurate to their workload. To enhance the professional capacity of election commissions, the CEC and DECs could offer periodic training with certification of potential PEC members, aimed to create a roster of certified people.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Election Administration
Ukraine
2019
EOM
Presidential
Shortened deadlines for printing preliminary voter lists could be considered to allow more time for voters to review voter lists and request necessary changes. A voter registration campaign should also be considered to raise awareness among voters of the option to verify their voter data and request changes.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Voter Registration
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