Expert discussion “Challenges of Local Elections in Ukraine”

On April 15, 2010, an expert discussion on “Challenges of Local Elections in Ukraine” was held at the UNIAN news agency. The event was attended by representatives of the reform support network: Alexander Khoruzhenko (Director of the Center for Research of Regional Policy, Sumy), Igor Kohut (Chairman of the Laboratory of Legislative Initiatives), Gennady Maxak (President of the Polissya Fund of International and Regional Studies, Chernihiv) NGO “Committee of Voters of Ukraine”). The discussion participants presented expert positions of analytical centers from different regions of Ukraine on the most pressing issues of local elections.

In addition, a statement of the reform support network on the principles of local elections in Ukraine was published in the event. The network agreed that the local election legislation (in particular – in the part of the electoral system) is far from perfect and requires significant revision. At the same time, the members of the network emphasized that the cancellation of the date of the already appointed regular local elections, whatever arguments, it would be directly contrary to the Basic Law of the State and, in accordance with the decision of the Constitutional Court of Ukraine of June 10, 2009 (No. 14-rp/2009), is a violation of the suffrage of citizens.

The reform support network shares the Verkhovna Rada’s concern with the problem of legal regulation of local elections and congratulates the initiative of holding parliamentary hearings “Reforming the legislation of Ukraine on local elections in the interests of territorial communities”, which will take place on May 12, 2010. At these hearings, the network representatives will urge the Parliament to immediately appoint the date of the next local elections; to amend the Constitution that would unify the terms of office of deputies of local councils, village, settlement, city mayors and determine the term of office of deputies of local councils and relevant heads from the date of the next, not extraordinary elections; take measures aimed at preventing the simultaneous holding of local and national elections; listen to other proposals set out in the statement.

Igor Kohut, Chairman of the Laboratory of Legislative Initiatives, noted in the discussion: “The situation is such that the challenge for modern Ukraine is not only a constitutional, political and financial and economic crisis with frantic external debts and inability to compete, negotiate and regulate the budgetary process. Institutional reforms remain a challenge, no one speaks of the logic of administrative reform, local self -government, reforms of political institutions and institutions of power, including parliament. The challenge is the basic preservation of the principles of democracy. In this context, the abolition of local elections and manipulations over the date of elections can be considered as a political class test for commitment to democratic values. We must do everything in order to take place in Ukraine regularly, and for the electoral system to ensure the representative nature of the authorities at all levels. ” Igor Kohut also announced public discussions of the local election situation and proposals for leaving it in different regions of Ukraine. “Reform is not just a matter of politicians. It should also become the work of the widest circles of the public, experts, representatives of local self -government, ”said Igor Kohut.

Oleksandr Chernenko, Chairman of the Board of the Committee of Voters of Ukraine, stressed: “The anti -constitutionality of the decision of the Verkhovna Rada on the cancellation of local elections is obvious without a decision of the Constitutional Court. Therefore, the President and the ruling coalition should not look for reasons to justify the abolition of elections, but to ensure compliance with the Basic Law. For this purpose it is necessary to do a few things first: in the draft budget for 2010 to provide in full financing of local elections, to change the legislation on local elections during the current session and to appoint the date of their holding. This is a “minimum task.” Maximum Problem: To begin the process of amending the Constitution in terms of the term of office of local mayors and local councils, so that the voter voting for them knowing exactly what time he delegates the elected persons to power. Despite all the statements that the next local elections will be “complex” and “dirty” only they are able to return to Ukrainian policy, at least some competitiveness that has almost disappeared from there. ” The expert concluded that political expediency in this situation won both the legal field and common sense. “For some reason, neither opposition nor non -parliamentary parties, nor even international organizations oppose the abolition of local elections by parliament. This, obviously, testifies to their interest in the situation that the situation is like that, ”Alexander Chernenko completed his speech.

Denis Kovryzhenko, the director of the legal programs of the laboratory of legislative initiatives, said that changes to the local election system, adopted in 2004, tore local councils from the communities and immersed them in the maelstrom of political struggle. “The threat of local elections in different regions is almost every week, confrontation in local councils around issues that are not related to local self -government at all, the election of mayors 10-30% of community members, the lack of representation in regional councils almost 28% of districts – these are just some results of” improvement “of the Constitution and legislation. territorial communities, becoming more and more detached from the needs and requests of citizens. It is time to correct the shortcomings of the Constitution and local elections, ”Denis Kovryzhenko is convinced. He also expressed proposals for the need to personify the election system of local councils, the introduction of a majority election system of mayors of large cities, in which the mayors will be elected by absolute (not relative) most community members. The key issue, according to the expert, is the unification of regulation of local elections with the regulation of national elections through the adoption of the Election Code.

Gennady Maxak, President of the Polissya Fund of International and Regional Research, said: “In the context of reforming the local election system, it is necessary to expand the role of the public sector, which is now almost completely excluded from the process of formation of local self -government bodies. First, the new system should include the participation of NGOs in the observation of the election process. Secondly, the independent participation of local public blocks in local elections should be legally normalized. And thirdly, there should be the possibility of self-nomination of candidates in elections to local councils. All of these areas can significantly increase the interest of the public sector in participation in self -governing structures and involvement of the community to decision -making at the local level. ” Gennady Maxak also emphasized that local elections are an indicator of political culture of citizens and the existing electoral system (in which the interests of political parties are prevailing), unfortunately, does not contribute to the development of participation culture in Ukrainians.

Oleksandr Khoruzhenko, Director of the Center for Regional Policy Research Center for Expert Discussion, stop the regional aspect of systemic reforms and tasks that should be facing a regional reform support network. “Serious discussion requires the determination of the optimal model for the implementation of state regional policy, the issue of reform of the administrative-territorial structure and improving the efficiency of local regulatory acts.” He also noted that in the absence of an effective response to the situation from the political opposition, the control functions should take over the public sector. “In this aspect, wide associations, such as a public reform network, should exert public pressure on power and encourage it to change,” – summed up Alexander Khoruzhenko.