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Ukraine
2015
EOM
Local
elections
The law should establish clear grounds and procedures for the invalidation of results based on objective criteria and limited to cases of serious offences affecting election results, or circumstances making it impossible to establish the will of the voters. Provisions establishing arbitrary percentages of acceptable levels of fraud should be removed.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Post-Election Day Developments
Ukraine
2015
EOM
Local
elections
Amendments to the electoral legislation should be developed in consultation with national minorities with a view to enhance national minority representation at the local level.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Participation of National Minorities
Ukraine
2014
Early election
EOM
Presidential
The automatic rejection of complaints based on deficiencies in format should be removed from the election law. Election commissions should be encouraged to consider the merits of a case and take action if the issue raised in the complaint is clear from the documents submitted.
Recommendation # in final report:
5
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
2015
EOM
Local
elections
The law should establish clear hierarchical appellate procedure for the adjudication of election-related complaints and appeals and an effective mechanism to appeal election results. Costs of bringing an action to court should be kept to a minimum in order not to deter citizens from filing a complaint.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2015
EOM
Local
elections
The NTRBC should be granted an inclusive remit and effective sanctioning powers, enabling it as the regulatory body to take timely and effective measures to enforce media compliance with legally binding provisions. In order to exercise comprehensive oversight of regional media the NTRBC’s capacity at oblast level has to be improved.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Ukraine
2015
EOM
Local
elections
The election law should be reviewed in order to ensure equality of the vote and bring it in line with OSCE commitments and other international obligations for democratic elections.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Electoral System and Legal Framework
Ukraine
2015
EOM
Local
elections
Both the CEC and the courts should give full and impartial consideration to the substance of all complaints, respecting the right to effective remedy, and refrain from delivering inconsistent decisions. All complaints should be addressed in a timely manner with reasoned decisions made in writing and published.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Ukraine
2015
EOM
Local
elections
In order to ensure stability and safeguard the independence of the election administration, deadlines, as well as provisions on clear and restrictive grounds, could be introduced for replacements of TEC and PEC members.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Ukraine
2015
EOM
Local
elections
The election law should be amended to address the gaps and ambiguities identified in this report as well as other recommendations of the OSCE/ODIHR and the Venice Commission. Consideration should be given to undertaking a comprehensive electoral reform with the aim to harmonize election legislation regulating all types of elections. The reform process should be inclusive and completed well in advance of the next elections.
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
2014
Early election
EOM
Presidential
The election law should be amended to provide equal opportunities for self-nominated and party candidates with regard to campaign finance regulations.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Campaign Environment and Campaign Finance
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