intermediate report on monitoring ukraine's 2019 ...smeshko, yury boyko, aleksandr vilkul, and...
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Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
Table of contents
GENERAL SITUATION BEFORE THE DAY OF VOTING ON MARCH 31 ................................................... 3
LEGISLATIVE BASE OF HOLDING THE ELECTION .................................................................................... 6
MANAGEMENT OF THE ELECTORAL PROCESS ....................................................................................... 6
Central Election Commission ................................................................................................... 6
District Election Commissions .................................................................................................. 7
Precinct Election Commissions ................................................................................................ 9
REGISTRATION OF VOTERS .....................................................................................................................11
THE ELECTORAL CAMPAIGN OF CANDIDATES ......................................................................................13
Budgetary administrative resources and abuse of office ..................................................... 13
«Webs» and voter bribery ...................................................................................................... 14
Protests and violence during presidential campaign meetings ........................................... 15
Conditions for the implementation of electoral campaigning ............................................ 17
SECURITY AND LAW & ORDER DURING ELECTIONS .............................................................................18
CAMPAIGN FINANCING ...........................................................................................................................20
MASS MEDIA.............................................................................................................................................21
NATIONAL AND INTERNATIONAL OBSERVERS .....................................................................................22
ABOUT THE “USPISHNA VARTA” HUMAN RIGHTS PLATFORM ............................................................24
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
GENERAL SITUATION BEFORE THE DAY OF VOTING ON MARCH 31
On January 18th 2019, the "Uspishna Varta" human rights platform received permission from the Central
Election Commission (hereinafter - the CEC) to have its official election observers. Observation is carried
out via the work of more than 100 long-term and short-term observers in constituencies; interviews with
representatives of candidate headquarters, election commissions, the media community, and the public
sector; the collection of information from public sources of information.
This report was formed following the results of observation for the period of 1st-28th March 2019 in order
to inform the Ukrainian and international community about the course of the electoral process in Ukraine
and violations that may affect the free will of citizens and the election's result.
***
Following the observation of the electoral process during March 2019, the observers of “Uspishna Varta”
identified a number of risks that can significantly affect the results of voting and pose a significant
danger from the point of view of compliance with democratic electoral standards in the conditions of
the presidential election.
A low level of competence and professional training, as well as the unwillingness of members of
lower level election commissions to carry out their functions, remain a significant destabilizing factor
in the organization of the electoral process. The main problems in the work of the commissions are the
massive refusal of their members to work and the extremely low level of material and technical support
for the work of the commissions. In a number of precinct election commissions (PECs) the process of
replacing commission members, including leaders, was still ongoing as of March 28th-29th.
In general, the members of the district and precinct commissions who the representatives of “Uspishna
Varta” communicated with evaluate the organization of the electoral process by the CEC as
unsatisfactory.
Frequent changes in the composition of district and precinct commissions are also due to the high
number of so-called "technical" candidates for the presidency. A number of candidates carried out more
than 100% replacements of the commission members that were submitted by them initially.
Commission members put forward by “technical” candidates informally represent the interests of the
headquarters of more rated candidates, thereby helping them get a majority in district and precinct
commissions.
According to experts, more than 50% of the members of DEC and PEC members are controlled by
the current president, Petro Poroshenko, through a number of technical candidates and those PEC
members who were appointed to replace the recalled technical candidates. This situation creates a
significant risk of the results of citizens' voting being distorted by the falsification of the protocols of
voting results or by intentionally creating the conditions for invalidating the elections in those polling
stations and districts where the opponents of the current president lead.
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
Inaccuracies in the voter list can also be used to falsify voting results. The number of voters for the first
round of elections (and the printed number of ballots) projected by the CEC was 30,028,913. Observers
and journalists found mass cases of people who have died still being present in the voter register for a
long time. The exact number of such "dead souls" in voter lists is not known. In addition, more than 3
million labour migrants who will actually be absent in Ukraine on election day were added to voter lists.
At the same time, less than 6% of the 1.5 million internally displaced persons from the Donetsk and
Lugansk region took advantage of their right to change their place of voting. In total, 315,725 Ukrainians
changed their place of voting for the presidential election, and 37% of them are members of election
commissions, police officers, and official observers.
Observers are also concerned about the situation with voting at 80 special polling stations in military
units in the zone of the Operation of United Forces (OUF), as well as in polling stations in military units.
Commissions and observers at such sites are formed from the military personnel themselves, their family
members, and the “civilian” residents of military camps attached to the units. Voting on such sites is
non-controlled and significantly vulnerable to administrative resources.
President Poroshenko’s use of his official position and official powers to influence the results of
voting is also a topic that has the heightened attention of observers. During March, President
Poroshenko actively used his official position to carry out an electoral campaign, despite there being a
direct legislative ban. In March the president carried out 18 campaign trips to regions, as well as a
campaign rally in Kiev. In each region the president, in an official capacity, held a Regional Development
Council meeting, which was attended by representatives of local government and executive authorities.
The trips of the president were accompanied by campaign rallies, which people who disagree with his
policies were not allowed to attend and\or were taken away from by force.
A reason for concern is also the information coming to observers about the exertion of pressure on
the staff of state and budgetary institutions (teachers, doctors, employees of lower level executive
authorities). Being faced with the risk of being dismissed from work, they are forced to participate in
campaign rallies in support of the current president, to participate in his campaign as commissioners
and observers, and to vote in his favour.
As observers already noted earlier, before the elections, a number of state measures were started
concerning the indexation of pensions and the monetization of subsidies for the payment of utility bills
by citizens. During March one-time payments were issued in accordance with these programs, which
were presented as a result of the policies of President Poroshenko.
During January-March, through public organizations and local organizations, Poroshenko's headquarters
implemented a multistage scheme for constructing so-called "webs" of voters who received
material assistance for budgetary social programs. Experts suggest that more than 45,000 volunteers
and promoters of Poroshenko will be present at polling stations in the status of official observers in
order to control the voting of people who received financial assistances. In addition, local officials may
be present at polling stations for the purpose of controlling voting under the guise of “voluntary fire
brigades”, despite this being prohibited by electoral legislation.
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
In addition to the current president Petro Poroshenko, active campaigning in the regions was also
carried out by the candidates Yuliya Tymoshenko, Anatoly Gritsenko, Ruslan Koshulinsky, Igor
Smeshko, Yury Boyko, Aleksandr Vilkul, and Oleg Lyashko. The candidate Vladimir Zelensky, who
has the highest approval rating among all candidates (according to sociological polls), did not carry out
an electoral campaign in its classical sense and did not hold mass meetings with voters in regions. His
campaign was concentrated on the Internet, billboards, and television advertising.
In March observers continued to record the use of "black PR" technology in the form of covert
campaigning against candidates for the presidency. In some cases, such as with the billboards of the
music group “TIK”, these campaigns also contained a hidden call to support Petro Poroshenko. However,
the CEC did not regard such campaigns as promotion and referred to the freedom of creativity. Before
the day of voting, leaflets and actions aimed at reducing the voter turnout of Yuliya Tymoshenko and
Vladimir Zelensky were also recorded.
By publicly declaring neutrality and unbiasedness, the Security Service of Ukraine continues to be
involved in the electoral campaign, carrying out actions in the interests of the current president,
Poroshenko.
During March the SBU carried out public and secret investigative actions against candidates who are the
main opponents of President Poroshenko in the elections (Zelensky, Tymoshenko). In addition, in
accordance with the resolution of the CEC, representatives of the SBU were included in the working
groups of district commissions, which are supposed to ensure the safety of the "Vybory" automatic
information system. The presence of representatives of the SBU at the time when the results of voting
are being transferred may lead to abuses of official position and interference with the results of the
counting of votes.
Like before, the principles of justice, balance, and impartiality in covering electoral campaigns in
the Ukrainian media are not respected enough, including the lack of equal and impartial treatment in
relation to all candidates. Both traditional media and social networks were used during the campaign,
not only to promote candidates, but also to discredit campaigns against opponents. At the same time,
during the presidential campaign representatives of law enforcement continued to take actions aimed at
restricting freedom of speech and opinion in Ukraine. A number of foreign journalists were denied entry
into Ukraine, Ukrainian journalists were searched, and pressure was exerted on independent media
companies (the “Avers” TV and radio company).
Human rights activists are also concerned about the possibility of obstacles being placed in front of
the work of official observers, and even members of precinct election commissions not allowing
official observers to be present on election day. In addition, the presence of a large number of
observers (more than 45,000) from the incumbent President Poroshenko on election day may lead to the
risk of provocations or the disruption of elections in those regions where his competitors lead.
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
LEGISLATIVE BASE OF HOLDING THE ELECTION
During March 2019 the regulatory framework governing the current presidential elections did not
undergo significant changes.
On March 11th the working group of the Parliament completed its consideration of the amendments to
the draft Electoral Code. However, it is not yet known when the code will be ready for the second
reading and put to a vote at the plenary session.
In March four draft laws on strengthening criminal liability for violations of electoral legislation were also
included in the agenda of the parliament. In particular, governmental draft law No. 8270, which
stipulates tougher sanctions for providing voters with undue benefits and the falsification of
documentation, as well as strengthening the role of law enforcement bodies in the electoral process.
None of the draft laws were voted on.
MANAGEMENT OF THE ELECTORAL PROCESS
Central Election Commission
During the reporting period, the CEC continued to operate in accordance with its mandate as the main
body in the electoral management system.
Official meetings of the commission are used for formal voting, while actual debates and decision-
making take place during preparatory meetings. Since observers continue to need permission to attend,
and this permission is not always issued, observers do not consider the work of the CEC to be
completely transparent.
Moreover, this practice also applies to individual district election commissions (hereinafter - DEC).
Observers have repeatedly recorded in different regions a situation where commissions at formal
meetings simply formally vote for decisions taken earlier at closed “conferences”. A number of
commissions are not allowed to attend these meetings. Thus, on March 27th the observer of “Uspishna
Varta” was rudely expelled from the meeting of DEC No. 171 (Kharkov)1. In Lvov “Uspishna Varta”
submitted to the CEC a complaint against DEC Chairman No. 117 in connection with the intentional
concealment of information from members of the commission and observers, including concerning the
impact of law enforcement bodies on the work of the commission.
In the timeframe stipulated by legislation, the CEC approved the form and text of the ballot for voting
on election day and the form of the ballot for re-voting. At the same time, the CEC did not establish the
serial numbers of presidential candidates on the ballot. Representatives of the candidate Yuliya
Tymoshenko filed a complaint, but the Supreme Court supported the position of the CEC. Tymoshenko’s
representatives substantiated their numbering requirements by stating that there will be two candidates
with the same last name, initials, position, and place of work, as well as two candidates with the same
1 https://uspishna-varta.com/en/news/uspishna-varta-v-kharkove-obratilas-v-politsiyu-po-faktu-prepyatstvovaniya-rabote-nablyudatelya
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
last name on the ballot. We are talking about the people's deputies of the Verkhovna Rada Yuliya
Vladimirovna Tymoshenko and Yury Vladimirovich Tymoshenko, as well as Aleksandr and Igor
Shevchenko.
According to experts, Yury Vladimirovich Tymoshenko is a technical candidate who was registered in the
interests of the current president, Poroshenko, in order to deprive Yuliya Tymoshenko of a certain
number of votes. On behalf of this technical candidate, the placement of campaign billboards with the
initials “Yu.V. Tymoshenko” and slogans that contradict the slogans of the electoral campaign of Yuliya
Tymoshenko and may be misleading voters was recorded during March.
In addition, the CEC did not hold a number of important tenders to ensure the electoral process. For
example, the tender for the purchase of archive boxes for the delivery of bulletins was canceled.
Observers are worried about the fact that members of precinct election commissions will have to deliver
ballots to the DEC with the help of improvised means, which may lead to the risk of falsification and
manipulation of documentation2.
The CEC also said that there will be no video surveillance at polling stations on March 31st, as this is
not stipulated by law.
In general, the members of district and precinct commissions who the representatives of
“Uspishna Varta” communicated with assess the organization of the electoral process by the CEC
as unsatisfactory. Analysis of the decisions and clarifications of the CEC on controversial points
shows that, to a greater degree, commission members take the position most beneficial to the
campaign of the current president, Petro Poroshenko.
District Election Commissions
According to the CEC, the total number of DEC members as of March 28th is 6786 people. One of the
main problems in their work is the frequent changes made to the composition of DECs and the non-
attendance of commission members at meetings.
According to the public organization “OPORA”, as of March 26th more than a third of the personal
composition of district election commissions was updated — 31% (or 2,252 out of 7,335) of DEC
members were replaced. Given the multiplicity of substitutions and their repeatability, the replacement
rate on the part of individual candidates exceeded 100%. i.e., candidates changed commissioners more
often than they submitted candidates to DECs. In particular, the leaders in terms of replacing (including
multiple times) members of election commissions are Aleksandr Moroz, Vitaly Skokik and Vitaly Kupry
(more than 100%), as well as Yury Tymoshenko (71%), Aleksandr Solovyev, and Aleksandr Vaschenko
(64%).
This problem is due to both the high number of presidential candidates (39, and initially 44), and the
presence of so-called "technical" candidates among them. According to experts, a number of little-
2
� https://uspishna-varta.com/ru/novyny/chleny-uik-budut-perevozit-izbiratelnuyu-dokumentatsiyu-v-podruchnykh-sredstvakh
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
known candidates were initially registered in order to further "resell" their quotas and people in
commissions to more rated candidates who have better chances of winning.
As of March 7th (the deadline set by law), 5 presidential candidates have withdrawn their candidacies.
Accordingly, the powers of the DEC members who were included in the commissions via the submissions
of these candidates were terminated. In addition, two candidates (Sergey Taruta and Aleksandr Moroz)
announced the withdrawal of their candidacies after the deadline. There is no procedure for recalling
DEC members for such candidates.
Commission members from a number of “technical” candidates did not appear at meetings at all. For
example, as was reported by “OPORA”, representatives of the candidates Viktor Bondar and Aleksandr
Vaschenko missed all meetings of all 7 DECs in the Ivano-Frankovsk region.
During March 25th-28th observers recorded the withdrawal of representatives of Aleksandr Moroz,
Aleksandr Vashchenko, and a number of other candidates from commissions and their replacement with
those proposed by the CEC (as a rule, representatives of the candidate Petro Poroshenko).
According to experts, members of DECs submitted by “technical” candidates informally represent
the interests of the headquarters of more rated candidates, thereby helping them to get a
majority in district and precinct commissions. Taking into account the fact that decisions in
commissions are made collectively, via open voting and via a majority of votes from commissions, a
candidate with an approval rating who wants to protect their result or influence it tries to gain control
over as many commission members as possible. For example, experts3 say that about 15-20 participants
of the electoral race are the technical candidates of Petro Poroshenko. The number of technical
candidates of Yuliya Tymoshenko is estimated at 8-10 people.
A significant problem for a number of commissions is also the low turnout at member meetings and,
accordingly, the lack of a quorum. Commission members refuse to work due to the fact that they live in
another region or even abroad. This situation is typical for most Western regions. For example, in the
Khmelnitsky region, in every DEC from one to five members live in the wrong place - not in the town
where the commission is located (most often their place of residence is Kiev). Approximately 15% of DEC
members in the Lvov region are registered abroad.
The interlocutors of “Uspishna Varta” in some DECs expressed concern that the funds allocated for the
organization of the electoral process are not sufficient for the proper execution of their duties .
Many items of expenditure are not included in estimates, and the CEC asks to use what already exists. In
addition, DECs and precinct election commissions (hereinafter referred to as PECs) in some regions are
located in premises that are not suitable for the adequate performance of work duties. Also, some DECs
are not provided with sufficient technical equipment, which significantly complicates the work of these
commissions.
3 https://strana.ua/articles/analysis/191900-zachem-kandidaty-v-prezidenty-ustroili-chistki-v-izbirkomakh-.html
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
Situations where failures have occurred in the “Vybory” automated information system were
recorded during the inclusion of information about the composition of the PEC (Slavyansk, Donetsk
region, as well as Lvov and Dnepr) in the DEC.
Precinct Election Commissions
During March, the observers of “Uspishna Varta” monitored the process of forming precinct election
commissions and the distribution of leadership positions inside of them.
As a part of the calendar for the electoral campaign for the 2019 Ukrainian presidential election, district
election commissions (DECs) have to create precinct election commissions (PECs) for regular and special
polling stations before March 12th inclusive. At the same time, the CEC should establish PECs in foreign
constituencies. The first meeting of PECs should take place no later than the second day after the
decision on the creation of the commission has been made (March 12th-13th).
In general, as of March 21st, DECs formed 29,900 PECs, which included more than 440,000 people. The
largest number of candidates for PECs was submitted by six presidential candidates - Petro Poroshenko
(has a representative in 99% of PECs), Yuliya Tymoshenko (97% of PECs), Oleg Lyashko (97% of PECs),
Yuliya Litvinenko (95% of PECs), Anatoly Gritsenko (94% of PECs), and Nikolay Gaber (91% of PECs).
Vladimir Zelensky (84% of PECs) and Yury Boyko (83% of PECs) also secured substantial representation.
Only four candidates did not submit any candidates to PECs - Gennady Balashov, Inna Bogoslovskaya,
Arkady Kornatsky, and Roman Nasirov.
Despite the record number of registered candidates for the presidency, not all PECs had enough
candidates to form commissions with the minimum allowable composition (9 people). In this case, the
procedure for submission candidates for the PEC by the DEC chairperson on the basis of proposals made
by members of the commission was applied (in accordance with paragraph 8 of Article 24 of the Law). In
general, the number of PECs that were formed with the minimum composition (9 people) accounts for
about 2% of all PECs.
In the process of creating PECs, observers recorded a number of problematic situations that
negatively affect the quality of management of the electoral process4. Thus, the process of creating a
PEC was complicated by the rather large number of cases where one person puts forward their
candidacy for PEC membership on behalf of several presidential candidates (so-called "twins"). In
addition, cases where some PEC candidates were presented without the consent of these persons (for
example, DEC No. 198 in Cherkassy) were recorded. They complain that their personal data was used by
candidates/parties without their knowledge.
The observers of “Uspishna Varta” in various regions reported cases where district commissions
formed PEC lists for replacement not during meetings, but with the participation of several members
of district commission and without a corresponding quorum.
4 https://uspishna-varta.com/en/news/protsess-sozdaniya-uchastkovykh-komissiy-soprovozhdayetsya-ryadom-problem-nablyudateli-
uspishna-varta
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
The most difficult for district election commissions was the procedure for the distribution of
leadership positions in PECs. If the distribution of quotas among presidential candidates for
submitting their candidates for a PEC was carried out through the use of the “Vybory” automated
information system, then the distribution of leadership positions often took place “manually”. In
practice, this often led to conflicts and delays in the procedure.
Due to deviations from the proportional distribution of leadership positions and the non-statutory
interference of the confidants of candidates in the preparation and adoption of a decision by the district
election commission, the CEC by its resolution of March 12 terminated the powers of DEC No. 163 in
Ternopol. On March 17th the CEC considered the complaint of one of the candidates, in which he
challenged the actions of DEC No. 179. As a result, the commission canceled its decision on the
formation of precinct election commissions, which violated the law.
At the request of candidates, the courts overrule the decisions of DECs concerning the approval of the
composition of the commissions (for example, DEC No. 78 in Berdyansk, Zaporozhye region5), which
jeopardizes the electoral process itself.
In a number of PECs, the process of replacing the members of commissions, including leaders,
continued as of March 28th-29th. According to the observers of "Uspishna Varta", people refuse to
work in the commissions because of low wages and large responsibility. PEC members are paid 280
hryvnia per day minus taxes (about $10). In addition, the low qualification of the PEC members and
the lack of knowledge of the electoral legislation is problematic.
In a conversation with the observers of “Uspishna Varta”, PEC members repeatedly reported that there
were problems with the logistics of polling stations6. After the last elections there were no voting booths,
video cameras, and other equipment necessary for organizing election day at polling stations. There was
also a problem with the overly small size of safes, which do not store bulletins 80cm in length. Due to
the large number of candidates (89), in small stations there were problems with the placement of
informational posters of candidates.
DEC leaders located in rural areas are extremely concerned about the problem of providing district
commissions with transport. According to electoral law, the responsibility for providing all district
commissions with transport is assigned to the head of the district commission. It is difficult for the DEC
leadership to sort out at such short notice tender purchases and the Prozorro system.
In general, according to experts, more than 50% of members of DECs and PECs are controlled by
the current president, Petro Poroshenko, through a number of technical candidates and those PEC
members who were appointed as replacements. This situation creates a significant risk of the
results of citizens' voting being distorted by the falsification of the protocols of voting results or
by intentionally creating the conditions for invalidating the elections in those polling stations and
districts where the opponents of the current president are in the lead.
5 https://uspishna-varta.com/ru/novyny/v-berdyanske-mogut-byt-rasformirovany-uchastkovyye-komissii
6 https://uspishna-varta.com/en/news/net-lyudey-transporta-i-seyfov-rekordnoye-kolichestvo-kandidatov-porodilo-problemy-na-uik
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
REGISTRATION OF VOTERS
According to the CEC, 315,725 Ukrainians, including Ukrainian citizens registered in the Donetsk (63,869
people) and Lugansk (28,834 people) regions7, changed their place of voting for the presidential
election. Taking into account that in Ukraine there are 1.2 million IDPs from the temporarily occupied
territories of the Donetsk and Lugansk regions and the Autonomous Republic of Crimea8, less than 6%
of them will use their right to vote in the election.
Internally displaced persons and residents of temporarily occupied territories accounted for 24% of
those who changed their place of voting. In addition, 22% of all those who changed their polling place
are members of election commissions, and another 15% are police officers and official observers.
During the last week before the end of the reception of applications for a temporary change in the place
of voting (March 25th), the observers of “Uspishna Varta” noted the appearance of mass queues in the
departments of the State Voter Registry in Kiev9. According to the CEC, if in three months the citizens
submitted about 100,000 applications for changing the place of voting, then in the last week before the
deadline there were almost 210,000 applications. According to the voters who the observers of
“Uspishna Varta” spoke to, for many people the difficulties that arose in the process of changing their
place of voting (queues in which it was necessary to stand for 5 hours, refusals for formal reasons, and
so on) exceeded the advantages of going to elections.
In general, according to the State Voter Register, as of 02/28/201910 35,560,427 voters were registered in
it, including 993,181 with the status "withdrew". Thus, according to the register, there are 34,567,246
voters in Ukraine. Recall that the last time a population census was conducted in Ukraine was in 200111.
The number of voters (and the printed number of ballots) projected by the CEC for the first round of
elections is 30,028,913.
Observers and journalists have found massive cases of long-dead people being present in the
electoral register (including people who have died over 10 years ago, such as 2008). In addition, voter
lists also include about 200,000 people who died in the non-controlled territories of Donbass over the
past 5 years. The exact number of such "dead souls" in voter lists is not known. At the same time,
there are cases where citizens who reached the age of 17 in 2018 (such cases were recorded in
Kropyvnitsky) are not included in voter lists.
The observers of “Uspishna Varta” express their concern about the fact that the presence of
deceased people in lists of voters and those who are not present at the time of the elections in
7 https://www.drv.gov.ua/ords/portal/!cm_core.cm_index?option=ext_num_voters&pdt=6&pmn_id=127
8 Data of the Ministry of Social Policy of Ukraine as of November 12th 2018
9 https://uspishna-varta.com/ru/novyny/izbirateli-kiyeva-stoyat-v-massovykh-ocheredyakh-dlya-izmeneniya-mesta-golosovaniya
10 https://www.drv.gov.ua/ords/portal/!cm_core.cm_index?option=ext_num_voters&pdt=1&pmn_id=127
11 According to the results of the All-Ukrainian census of 2001, the population of Ukraine is 48,457,000 people
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
Ukraine12 can be used for falsifications (the use of ballots filled out in their name and “stuffed” in
polling stations, or commission members filling them in themselves).
In addition, the observers of “Uspishna Varta” also found a number of apartments in voter lists where
an abnormally high number of voters are registered. Thus, more than 500 voters were registered in
an apartment at 88B Pravda Avenue, apartment No. 101 in Kiev (polling station number 800670). When
visiting the apartment, the observer of “Uspishna Varta” made sure that only one person was living in it
as a tenant.
The CEC reported that such facts are not new, and were voiced by the general public even during the
early Ukrainian presidential and parliamentary elections in 2014. In addition, the CEC has repeatedly sent
inquiries regarding a legal assessment of this situation to the competent authorities, in particular to the
State Migration Service13.
Observers are also worried about the voting situation at 80 special polling stations in military units in
the zone of the Operation of United Forces (Donetsk, Lugansk, and Lvov regions), which were
organized by the CEC on March 14th "in an exceptional case"14. According to representatives of the CEC,
about 47,000 servicemen will vote at these polling stations. Considering that the territory on which the
stations will be created is regime-based, voting at them may become limited and non-controlled.
In addition, another 250,000 voters are passing through military service in the Armed Forces.
Commissions and observers at such sites are formed from the military personnel themselves, their family
members, and the “civilian” residents of military camps attached to the units. According to journalists, in
the military units the turnout has been secretly lowered to 80%, and the percentage of votes for the
incumbent President - to 70%15.
In addition, 101 polling stations were formed in a foreign constituency (in 72 countries). The CEC
handed over 420,342 ballot papers to overseas polling stations. Voting on them, as a rule, is carried out
under the control of the Ministry of Foreign Affairs of Ukraine. Earlier, the CEC decided to transfer 5
polling stations from the territory of the Russian Federation to the Ukrainian embassies in Georgia,
Kazakhstan, and Finland16. About 3 million Ukrainians live in Russia, whose voting rights will be limited
during the 2019 presidential campaign17.
12 According to the Ministry of Social Policy, at least 3.2 million labor migrants are located outside of Ukraine
13 http://www.cvk.gov.ua/news/news_25032019_1.htm
14 https://uspishna-varta.com/ru/novyny/tsik-sozdala-80-dopolnitelnykh-uchastkov-v-voyennykh-chastyakh
15 https://strana.ua/articles/analysis/192738-kak-falsifitsirujut-vybory-v-armii-.html
16 CEC Resolution No. 274 from December 31st 2018 http://www.cvk.gov.ua/pls/acts/ShowCard?id=44232&what=0
17 Data from the statement of the Minister of Foreign Affairs Pavel Klimkin in April 2018
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
THE ELECTORAL CAMPAIGN OF CANDIDATES
Budgetary administrative resources and abuse of office
During March, President Poroshenko actively used his official position and official powers to
conduct an electoral campaign, despite there being a direct legislative ban on this. In March the
current president and presidential candidate Petro Poroshenko carried out 18 campaign trips to regions,
and also held a campaign rally in Kiev18. Thus, in each region the president, in an official capacity, held a
Regional Development Council meeting, in which representatives of local self-government and
executive authorities took part. According to electoral law (part 1 of article 64), the implementation of
campaigning by these persons during working hours is prohibited.
At the national level, the Regional Development Council is a consultative and advisory body under the
President of Ukraine. At the same time, by their orders, local state administrations created councils of
the appropriate level. Before 2019 this advisory body was not particularly active. Poroshenko's campaign
visits were carried out within the framework of the implementation by local authorities of the
Presidential Decree "On additional measures to ensure reforms to decentralize power", which was signed
by the head of state on December 6th 2018.
In addition to council meetings with the participation of the president and local officials, in all regions of
Ukraine voters were given a campaign package in support of the president with a proposal to write
a letter to the President as the head of the Regional Development Council. This package contains
information about the improvement of cities in the period from 2019 to 2021, Poroshenko’s personal
appeal, and is accompanied by an appeal of the Governor (Mayor) of the relevant region or city in
support of the initiatives of the President.
In Zaporozhye "Uspishna Varta" appealed to the police and the election commission with a complaint
about the illegal carrying out of campaigning by the chairman of the local administration in favour of
the candidate Poroshenko19. The CEC, in response to the appeal of the “Uspishna Varta” human rights
platform, said that these materials are not promotional and were not submitted by the candidate’s
headquarters as printed campaign materials for the electoral campaign20.
As was mentioned earlier by observers, prior to the election national measures for the indexation of
pensions and the monetization of subsidies for the payment by citizens of utilities started to be
implemented. The first stage of the payment of pensions and monetized housing subsidies took place
between March 4th and March 25th. According to the reports of the State Pension Fund and the Cabinet
of Ministers of Ukraine, about 2 million pensioners in March received a one-time supplement to their
pension in the amount of 2410 hryvnia. The indexation of pensions concerns about 10 million citizens
18 In particular, Poroshenko visited Nikolaev (March 4th), Dnepr (March 5th) Cherkassy (March 10th), Zhytomyr (March 11th), Chernigov
(March 13th), Volyn and Donetsk regions (March 14th), Transcarpathia (March 15th), Poltava ( March 16th), Rovno and Khmelnitsky
regions (March 18th), Ivano-Frankovsk (March 19th), Ternopol and Chernovtsi (March 23rd), Vinnytsia (March 27th), Lvov (March 28th),
and he also held a campaign rally in Kiev (March 17th).
19 https://uspishna-varta.com/ru/novyny/uspishna-varta-podala-zayavleniye-v-tsik-na-nezakonnuyu-agitatsiyu-kandidata-poroshenko
20 https://uspishna-varta.com/en/news/v-tsik-ne-uvideli-agitatsii-v-pismakh-poroshenko-izbiratelyam
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
(according to the Minister of Social Policy Andrey Reva). In March, the payment of 6 billion hryvnia of
housing subsidies to citizens in cash in the framework of the government's experiment also began.
In his public speeches during election rallies, Poroshenko repeatedly stressed that it is possible to make
these payments precisely because of his policies. In addition, voters were sent letters about the
payment of material assistance from local budgets, signed on behalf of the mayors of the cities,
which are distributed in envelopes bearing an election advertisement of Petro Poroshenkо21. Such a
case was recorded in particular in Dnepr. The envelope contains the name and surname of the candidate
Petro Poroshenko, as well as data on the seal that contains information about the client-candidate.
On March 23rd, during a public speech on a TV channel, Poroshenko once again announced planned
social payments for citizens in March and April. Observers evaluate these letters and statements as
the use of the budgetary administrative resources for campaigning for President Poroshenko.
Another reason for concern is the information received by observers about pressure being exerted on
the staff of state and budgetary institutions (teachers, doctors, employees of lower level executive
authorities). Under the risk of being dismissed from their work, they are forced to participate in
campaign rallies in support of the current president, to participate in his campaign as commissioners
and observers, and to vote in his favour.
According to the Venice Commission (“For Democracy Through Law”) and the OSCE/ODIHR, the
inappropriate use of administrative resources during the electoral process is a key challenge to the
competitiveness of the electoral process and ensuring the principle of equality of opportunity for
candidates.
«Webs» and voter bribery
In March the observers of “Uspishna Varta” continued to record cases of promoters of the current
President Poroshenko working on a fee basis, which is prohibited by law. Thus, in Kharkov, an
observer of “Uspishna Varta”, while communicating with such volunteers, found out that for each
working day they receive up to 1,000 hryvnia (about $37)22. Information was also repeatedly published
on the Internet about people who participate in a survey designed to identify supporters of the current
president of Ukraine, Petro Poroshenko, and promoters receiving a monetary reward for their work.
Payments are made on behalf of the NGO "Institute for the Development and Promotion of Democracy"
and are controlled via the issuance of a personalized card featuring a QR code to citizens.
Current legislation prohibits handing over payment for promotion services. The CEC23 explained that
reimbursing the expenses of individuals involved in the direct implementation of campaigning activities
is allowed. In particular, such refunds may include the cost of telephone services, travel (including
baggage), food, accommodation, and other expenses when carrying out campaigning activities in
21 https://uspishna-varta.com/ru/novyny/agitatsiyu-petra-poroshenko-rasprostranyayut-vmeste-s-pismami-o-nachislenii-materialnoy-
pomoshchi
22 https://uspishna-varta.com/ru/novyny/agitatory-poroshenko-rabotayut-za-dengi-i-s-povyshennym-komfortom-nablyudateli-
uspishna-varta
23 CEC Resolution No. 376 dated February 22nd 2019 http://www.cvk.gov.ua/pls/acts/ShowCard?id=45241&what=0
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
another locality and the like. Thus, the CEC recognized the legal financial reimbursement of expenses
of citizens involved in electoral campaigning and actually legalized the payment of services of
promoters of the current president. The correspondence of one of the headquarters of the candidate
Poroshenko in the Kiev region, where they discuss payment for promoters with a certain number of
"office supplies" (in correspondence, this term is obviously used to denote money), was published on the
Internet.
Earlier, journalists published information about the multi-stage scheme of bribing voters through so-
called "webs" used by the HQ of the current President of Ukraine Petro Poroshenko. Thus, in
January the carrying out of a so-called "Sociological survey" about a person's willingness to vote for the
current president Poroshenko was recorded in a number of regions of Ukraine. Formally, it was carried
out not by the headquarters of the candidate or his party, but by the public organization “Institute for the
Development and Promotion of Democracy” (established in December 2018).
People who expressed support for the current President Poroshenko were then offered the opportunity
to receive additional social benefits from the state. The money for social assistance programs, which is
approved by local and regional councils, is given to those who are on the white list of Poroshenko’s
potential supporters24.
In March SMS messages entitled “Success in 2019”, reminding recipients about the achievements of the
current government, were also sent to the phone numbers that were received as part of the campaign to
collect signatures in support of Ukraine’s integration into NATO and the EU. Also, the third wave of the
door-to-door campaign continued, within the framework of which volunteers from the “Solidarnost”
public organisation personally visited voters, filled out questionnaires, and then reminded them to vote
on March 31st for the candidate Petro Poroshenko.
Experts suggest that in order to control the voting of people who received material assistance, more
than 45,000 volunteers and promoters of Poroshenko will be present as official observers at
polling stations (see the section “National and international observers”).
In addition, local officials may be present at polling stations in order to control voting under the
guise of “voluntary fire brigades”, although this is prohibited by electoral legislation. City, town, and
village leaders were obliged to create such "brigades" on the territory of their communities. The
corresponding decree issued by the district administration of the Gorokhovsky district of the Volyn
region was published on the Internet. The lists of "brigades" include directors of rural clubs and schools,
deputies and heads of rural councils, and other local officials.
Protests and violence during presidential campaign meetings
During his visits to regions, in addition to Regional Development Councils meetings Poroshenko also
held a number of pre-election rallies. As a rule, the campaign meetings of the candidate Poroshenko
took place with the centralized transportation of participants. There were cases where employees of
24 Thus, in the Nikolaev region 70 million hryvnia was allocated for these programs from the local budget; in Odessa – 90 million
hryvnia, in Dnepropetrovsk – 140 million hryvnia. The Kharkov regional program initially earmarked 18 million hryvnia for 2019, then, by
the decision of the session of the regional council (December 6th 2018), the amount was increased to 50 million hryvnia.
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
state-financed institutions and universities announced their obligation to participate in these meetings
and expressed fears of being dismissed in case of refusal. For example, before Poroshenko’s campaign
rally in Lvov on March 28th, it became known that employees of budgetary institutions in the
neighbouring Volyn region had been sent to it.
Poroshenko's rallies were heavily guarded, and people invited to them passed through special barriers.
Ordinary voters, as well as journalists and official observers from “Uspishna Varta”, were not
allowed to attend Poroshenko’s meetings25.
In a number of cities (Chernigov, Poltava, Vinnytsia, Lvov, and others) Poroshenko’s campaign rallies
were accompanied by the counter-protests of the “National Corpus” right-wing radical group,
which demands to punish high-ranking officials accused of corruption. In two cases law enforcement
used violence against the participants of the protests and detained them.26
There were also cases where citizens who asked President Poroshenko inconvenient questions
during his electoral meetings were harassed. Such people were forcefully taken away from
electoral rallies by representatives of the police, and they were even beaten up by unknown persons.
The police did not intervene in what was happening27.
Thus, on March 7th in Dnepr a public activist reported that his car had been set on fire by unknown
persons. The activist links this incident with Poroshenko’s visit to Dnepr the day before when he tried to
ask the president a question, after which he was detained and taken away by guards. On March 14th the
police detained a journalist from the “Avers” channel in Kovel, Volyn Oblast, who was covering the rally
of President Petro Poroshenko.
On March 16th, at a campaign rally of the candidate Poroshenko in Uzhgorod (Transcarpathia), unknown
persons beat up a man who was shouting an inconvenient question at the president, and forcefully took
him in an unknown direction. Law enforcement officials were at the rally, but did not react to the
beating. During the incident, the candidate Poroshenko continued his election speech from the stage.
In Kiev (March 17th), Rovno (March 18th28), and Ivano-Frankovsk (March 19th), those who disagreed with
the president’s policies were taken away from rallies by unidentified athletically built people (so-
called “titushki”). They were planted in the crowd and in advance restrained those who planned to
voice a negative remark against the current president or raise corresponding posters. In Ivano-
Frankovsk, during a clash between “titushki” and representatives of the right-wing radical group
“National Corpus”, a journalist from a local information website was injured29.
25 https://www.youtube.com/watch?v=7dEzV3Q_Rw0&feature=player_embedded
26 https://www.youtube.com/watch?v=H6MHjDl7FvE&t=2s
27 https://uspishna-varta.com/en/news/na-mitingakh-poroshenko-izbivayut-lyudey-i-siloy-vyvodyat-zhurnalistov
28 https://uspishna-varta.com/en/news/18-marta-poroshenko-agitiroval-v-rovno-i-khmelnitskom
29 https://uspishna-varta.com/en/news/titushki-poroshenko-napali-na-zhurnalista-na-mitinge-v-ivano-frankovske
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
Conditions for the implementation of electoral campaigning
The candidate Vladimir Zelensky, who has the highest approval rating among all candidates (according
to sociological polls), did not carry out an electoral campaign in its classical sense and did not hold mass
meetings with voters in regions. His campaign was concentrated on the Internet, billboards, and
television advertising. The candidate also appeared on television as a host and actor in the projects of
his creative studio ("Evening Quarter", "League of Laughter", and the series "Servant of the People"). On
March 27th the TV show “1+1” launched the show “Servant of the People” with Vladimir Zelensky
playing the leading role. The Supreme Court did not recognize Zelensky’s participation as a presenter of
the “League of Laughter” program as campaigning.
In addition to the current president, Petro Poroshenko, an active campaign in regions was also carried
out by the candidates Yuliya Tymoshenko, Anatoly Gritsenko, Ruslan Koshulinsky, Igor Smeshko,
Yury Boyko, Aleksandr Vilkul, and Oleg Lyashko. The observers of “Uspishna Varta” visited a number
of candidates’s electoral events and recorded a number of minor irregularities while they happened30. In
particular, a statement was filed with the police concerning an administrative offence committed by a
local official who campaigned in support of the candidate Yuliya Tymoshenko in Slavyansk.
More than a third of candidates (16 out of 39) did not carry out a full electoral campaign, despite the
fact that many of them ensured substantial representation in the composition of election commissions
at various levels.
The scale of campaigning in the format of setting up party tents and distributing party newspapers and
other printed information materials from them increased significantly. This form of activity was used in
March by the headquarters of Petro Poroshenko, Yuliya Tymoshenko, Anatoly Gritsenko, Andrey
Sadovoy, Oleg Lyashko, and Ruslan Koshulinsky.
While monitoring the electoral process, the observers of “Uspishna Varta” carried out interviews with
representatives of candidate regional headquarters and attended campaigning events. The main
problems voiced by representatives of the headquarters are the “webs” used by Petro Poroshenko’s
headquarters for the purpose of bribing voters and a large number of DEC members from
technical candidates who also work in the interests of the current president31.
In March observers continued to record the use of black PR technology against presidential
candidates. Thus, the observers of “Uspishna Varta” filed an appeal with the police and the CEC after
hidden campaigning for the incumbent president, who also uses “black” PR against his main
competitors, was revealed32. We are talking about the advertisement boards of the musical band “TIK”
in Kiev, Kharkov, Chernigov, and other cities. The words of the song that are displayed on the campaign
materials indirectly urge people not to vote for Tymoshenko or Zelensky, but to support the current
president. The CEC, in response to the appeal of “Uspishna Varta”, stated that they did not consider that
30 https://uspishna-varta.com/ru/novyny/ne-poroshenko-yedinym-monitoring-agitatsionnykh-vstrech-timoshenko-gritsenko-smeshko
31 https://uspishna-varta.com/ru/novyny/v-shtabakh-kandidatov-opasayutsya-setok-podkupa-izbirateley-i-falsifikatsiy-pri-podschete-
golosov
32 https://uspishna-varta.com/ru/novyny/v-ukraine-zapushchena-volna-chernogo-piara-protiv-opponetov-poroshenko
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
either the song of “TIK” called “Cyclones” and the billboards installed on the basis of the lyrics of this
song contain calls to vote for or against a certain candidate for the post of President33.
In a number of regions of Ukraine the distribution of a newspaper - the founder of which, according to
the information in the material, is the presidential candidate Sergey Kaplin - containing signs of "black
PR" against the candidate Vladimir Zelensky was recorded. Leaflets with signs of black PR against Yuliya
Tymoshenko were recorded by observers in Donbass.
In a number of regions (Lvov, Donetsk), as well as on social networks, the observers of “Uspishna Varta”
recorded the distribution of leaflets containing false information - that the military registration and
enlistment offices before the start of the draft campaign in April will check the lists of draftees at polling
stations34. According to experts, this fake is aimed at reducing turnout in the regions of the electorate of
Vladimir Zelensky. In addition, observers reported the distribution of leaflets before the day of voting
aimed at reducing the turnout of Yuliya Tymoshenko.
Observers continue to record cases of damage being done to the billboards and campaign posters
of candidates in various regions: Aleksandr Solovyov (Sumy), Ruslan Koshulinsky (Kharkov), Yury Boyko
(Odessa), and the candidates Anatoly Gritsenko, Aleksandr Shevchenko, and Yuliya Tymoshenko (Lutsk).
Damage to the outdoor advertisements of the current president of Petro Poroshenko was recorded in
the Donetsk and Lugansk regions. Offices, campaign tents, and promoters of the candidate Aleksandr
Vilkul (Kharkov, Odessa, Nikolaev) were repeatedly attacked in different regions35.
SECURITY AND LAW & ORDER DURING ELECTIONS
Publicly, law enforcement declare their readiness to ensure the fair voting of citizens during the election.
This was stated at a briefing on March 12th by the head of the SBU Vasily Gritsak. The Ministry of
Internal Affairs (MIA) reported that order on the streets of Ukraine and in all regions where the electoral
process will take place on election day will be ensured by 134,000 law enforcement officers.
During the observation of preparations for the day of voting, the observers of “Uspishna Varta” recorded
a number of security related processes and incidents at election day polling stations36. There have been
cases of missing stamps in several DECs and PECs, attempts to carry out provocations in order to gain
access to voter lists, and more.
33 https://uspishna-varta.com/ru/novyny/v-tsik-ne-schitayut-pesnyu-gruppy-tik-tsiklony-chernym-piarom-i-predvybornoy-agitatsiyey
34 https://uspishna-varta.com/ru/novyny/na-lvovshchine-rasprostranyayut-lozhnuyu-informatsiyu-o-sverke-dannykh-prizyvnikov-po-
spiskam-na-izbiratelnykh-uchastkakh
35 On March 1st “activists” from “National Corpus” tried to disrupt the meeting of the candidate Vilkul in Kharkov. According to the
information published by the candidate, more than 100 “activists” blocked the building where the meeting with voters was taking place.
Some of them could not enter the hall. On March 22nd in Odessa, unknown persons painted the office of the candidate with insulting
words. On March 19th, in Nikolaev, unknown persons slashed the awnings of campaign tents and broke the leg of a candidate's
campaigner. The victim was hospitalized in a medical facility.
36 https://uspishna-varta.com/ru/novyny/pokhishcheniye-pechatey-i-pamyatki-sbu-kak-obespechivayetsya-bezopasnost-na-
izbiratelnykh-uchastkakh
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
The Interior Ministry reported that as of March 28th, since the beginning of the electoral campaign, the
police have registered 4,294 complaints related to the elections. In total, 299 criminal proceedings were
initiated and 633 administrative protocols were drawn up. According to the Interior Minister Arsen
Avakov, the main cases of bribing voters concern the candidates for the post of President of Ukraine
Poroshenko and Tymoshenko. The Minister of Internal Affairs also expressed concern about the possible
destabilization of the situation after the announcement of the election results if the gap between the
candidates will be within 1.5-2%37.
As human rights activists noted in the first intermediate report (January-February 2019)38, within the
framework of the electoral campaign there is a trend where a part of law enforcement bodies (the
Security Service of Ukraine and the Prosecutor-General's Office of Ukraine) carry out actions and
statements in the interests of the current President Petro Poroshenko.
In district election commissions (DECs), by the order of the CEC, working groups are created to
ensure the security of the "Vybory" information system that include representatives of the SBU.
Information about this came from the observers of "Uspishna Varta" in cities such as Kiev, Lvov, Kharkov,
Zaporozhye, and Kramatorsk. Thus, on March 7th members of DEC No. 48 (Kramatorsk, Donetsk region)
voted for the creation of such a working group, which included 7 employees of the Security Service of
Ukraine39. According to observers, such groups are not created in all DECs40.
CEC Chairperson Tatiyana Slipachuk said that the working groups that involve the Security Service of
Ukraine will complete their work by March 29th. At the same time, at the disposal of “Uspishna Varta”
are DEC resolutions from which it follows that the SBU working groups are required to be present in
commissions during the transfer of information about the progress and results of voting41. The response
of the CEC received by the observers of “Uspishna Varta” refers to the validity of Resolution No. 334
being confirmed by the decision of the Sixth Appeal Administrative Court of February 25th 2019 in case
No. 855\53\19, which was left unchanged by the decision of the Supreme Court of March 1st 2019 of the
same year.
Human rights activists are concerned that representatives of the SBU being present at the time when the
results of voting are being transferred to the DEC can lead to abuses of official position and interference
with the results and counting of votes. Moreover, the media published information42 about the possible
distortion of the results of voting in favour of the incumbent President Poroshenko through a “tunnel”
37
https://mvs.gov.ua/ua/news/19496_Vibori_2019_Arsen_Avakov_zustrivsya_zi_sposterigachami_Svitovogo_Kongresu_Ukrainciv_ta_Nacional
nogo_Demokratichnogo_Institutu.htm
38 https://uspishna-varta.com/en/monitoring/vybory-prezidenta-ukrainy-2019-otchet-po-nablyudeniyu-za-izbiratelnym-protsessom-
promezhutochnyy-yanvar-fevral-2019-goda
39 https://uspishna-varta.com/ru/novyny/sbu-poluchila-shirokiye-polnomochiya-dlya-vmeshatelstva-v-sistemu-vybory-nablyudateli-
uspishna-varta
40 https://uspishna-varta.com/en/news/v-oik-net-yedinogo-ponimaniya-o-sostave-rabochey-gruppy-po-zashchite-ais-vybory-
nablyudateli
41 https://uspishna-varta.com/en/news/zayavleniye-tsik-o-zavershenii-raboty-sbu-v-komissiyakh-29-marta-protivorechit-
postanovleniyam-oik
42 https://vesti-ukr.com/politika/330490-vlast-hotovit-tunnel-kak-budut-falsifitsirovat-rezultaty-vyborov
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
(intermediate) server, which will allow interference in the program at the stage between the reception of
data in the DEC bearing a wet stamp and the reception of figures in the CEC.
On March 19th an observer of “Uspishna Varta” in Lvov submitted a statement to the State Bureau of
Investigation (SBI) about the SBU overstepping its authority and putting pressure on the freedom of
expression of voters. In particular, the chairperson of district election commission No. 117 reported, at a
commission meeting, about the presence of "employees of the Security Service of Ukraine at the
stations", which was reported to him in writing by the Security Service of Ukraine in the Lvov region
under the condition of signing a non-disclosure agreement. Since the State Bureau of Investigation
ignored the observer’s statement, on March 25th “Uspishna Varta” sent a complaint to the court
regarding the inactivity of the State Bureau of Investigation43.
In addition, the SBU continued to carry out public and secret investigative actions against
candidates who are the main election opponents of President Poroshenko. Thus, on March 4th, the
police found a listening device in the office of the candidate Vladimir Zelensky44. The SBU confirmed the
information about the building where the candidate’s office is located being bugged.
The party of the candidate Yuliya Tymoshenko declared that the actions of the SBU are aimed at
intimidating the staff of their headquarters and demoralizing members of district commissions and
observers participating in the candidate’s campaign45. Thus, 73 heads of the primary party organizations
of the political force of the presidential candidate Yuliya Tymoshenko in Zaporozhye, 100 people in
Zhytomyr, and 270 people in the Vinnytsia region received a summons for interrogation in the SBU. In
Ternopol representatives of Tymoshenko's party have also repeatedly stated that the staff of the SBU
are putting pressure on them. On March 23rd the prosecutor's office of the Odessa region reported that
“black cash” in the amount of 1.3 million hryvnia for “unlawful interference in elections” had been found
in a branch of a bank. The Prosecutor-General Yury Lutsenko pointed out on his personal Facebook page
that this cash is associated with the candidate Yuliya Tymoshenko. The party "Batkivshchyna" called this
situation a provocation.
Thus, despite publicly declaring its neutrality and unbiasedness, the Security Service of Ukraine
continues to be involved in the electoral campaign, carrying out actions in the interests of the
incumbent President Poroshenko.
CAMPAIGN FINANCING
On March 25th the Central Election Commission approved analyses of interim financial reports on the
receipt and use of funds from the election funds of 44 candidates for the post of President of Ukraine.
Candidates officially spent 1,273,000,000 hryvnia on their electoral campaigns. Most of all, 853,000,000
hryvnia was spent on advertising in the media.
43 https://uspishna-varta.com/ru/novyny/uspishna-varta-dobivayetsya-rassledovaniya-po-prevysheniyu-polnomochiy-sbu-na-vyborakh
44 https://uspishna-varta.com/en/election/sbu-proslushivayet-ofis-odnogo-iz-kandidatov-v-prezidenty
45 https://uspishna-varta.com/en/news/sbu-massovo-vyzyvayet-na-dopros-sotrudnikov-shtaba-kandidata-yulii-timoshenko
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
In absolute terms, the biggest spenders on advertising were Petro Poroshenko – 251,000,000 hryvnia,
Yuliya Tymoshenko – 118,000,000 hryvnia, Aleksandr Vilkul – 97,000,000 hryvnia, Sergey Taruta
(withdrew from race) - 80,000,000, Vladimir Zelensky – 64,00,000 hryvnia, Oleg Lyashko – 59,000,000
hryvnia, and Anatoly Gritsenko – 52,000,000 hryvnia. Yury Boyko spent 39,000,000 hryvnia on
advertising, Aleksander Shevchenko spent 34,000,000 hryvnia, Ruslan Koshulinsky spent 11,000,000
hryvnia, Evgeny Murayev (withdrew from the race) spent 11,000,000 hryvnia, and Andrey Sadovoy
(withdrew from the race) spent 10,000,000 hryvnia.
At the same time, seven presidential candidates did not officially incur any expenses: Aleksandr
Vashchenko, Nikolay Gaber, Dmitry Gnap (withdrew from the race), Aleksandr Danilyuk, Roman Nasirov,
Ruslan Rigovanov, and Aleksandr Solovyev.
The information in the interim reports covers the period from the opening of election funds until March
18th 2019. Final financial reports of candidates will be submitted after the election.
The National Agency for the Prevention of Corruption (NAPC) checked the financial reports of
presidential candidates and recorded violations in 17 of them.
MASS MEDIA
Like before, the principles of justice, balance, and impartiality in covering electoral campaigns in
the Ukrainian media are not respected enough, including the lack of equal and impartial treatment
for all candidates. Black PR campaigns, both in the traditional media and on social networks, as well as
“Jeansa”, inappropriate advertising labelling, and new forms of hidden propaganda remain a cause of
concern for observers.
Throughout the presidential campaign, social networks (first of all, Facebook and YouTube) remain
platforms for launching defamatory campaigns against opponents and black PR campaigns.
At the same time, representatives of law enforcement continued to take actions aimed at
restricting freedom of speech and opinion in Ukraine during the presidential campaign.
Thus, a number of foreign journalists were denied entry into Ukraine. The Security Service of Ukraine
banned the Austrian journalist from the “ORF” TV channel Christian Wehrschütz from entering the
country for 1 year46. According to media reports, the journalist planned to interview two candidates for
the presidency. The European Union and the OSCE called on the Ukrainian authorities to refrain from
imposing any unnecessary restrictions on the free flow of information and freedom of the media. On
March 14th it became known that a Canadian journalist, who was accredited by the CEC and went to
cover the elections, was not allowed to enter Ukraine and was given a 3-year entrance ban47. The reason
for this was information that the journalist had visited Crimea. The Ukrainian ministry considered that the
journalist posed a threat to national security. On March 25th the OSCE representative on media issues
expressed concern over the refusal to let the “RAI” Italian journalist Marko Innaro enter Ukraine.
46 https://uspishna-varta.com/en/news/avstriyskomu-zhurnalistu-kristianu-vershyuttsu-zapretili-vyezd-v-ukrainu-pered-vyborami
47 https://interfax.com.ua/news/election2019/572397.html
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
On the eve of the elections the security authorities also initiated new criminal cases against
Ukrainian journalists. Thus, on March 5th, in Kiev, SBU officers spent 14.5 hours searching the
apartment of the journalist Vladimir Skachko, who is known for his critical remarks in relation to the
authorities. According to the results of the search, Skachko was handed a summons for interrogation
and a notice of suspicion of encroaching on the territorial integrity of Ukraine (Part 2 of Article 110 of
the Criminal Code of Ukraine). The case against Skachko is connected to the case of the journalist Kirill
Vyshinsky, who was detained in May 2018 on suspicion of state treason and is still being held in
custody48. On March 20th the case on the illegal detention of Vyshinsky was transferred to the Grand
Chamber of the Supreme Court at the request of his lawyers.
Court hearings continue on the cases of the journalists Vasily Muravitsky and Dmitry Vasilets, who were
previously accused of committing “anti-state” activities and spent several years in jail. On March 27th the
journalist Pavel Volkov, who spent more than a year in similar detention facilities on similar charges, was
fully acquitted by the court. The prosecutor's office intends to appeal this decision.
New facts concerning the exertion of pressure by the SBU were also reported by the Ukrainian
independent media outlets. Thus, on March 11th journalists from the regional television and radio
company “Avers” (Lutsk) announced, with reference to their own sources, the plans of the SBU to initiate
a criminal case against the TV channel for the incitement of ethnic hatred. On March 20th the resolution
of the National Security and Defence Council, which stipulates preparations for the introduction of
sanctions against the “NEWSONE” and “112” TV channels, entered into force.
The SBU also continues its practice of detaining social network users for allegedly “anti-Ukrainian
agitation”. Thus, on March 12th the Security Service of Ukraine announced the exposure of another
“agent network of the Main Directorate of the General Staff of Russia” that distributed calls on social
networks “to allegedly patriotic forces to commit anti-government actions” aimed at fighting corruption
and impeaching the current president on the eve of the election. Recall that during the campaign in
Ukraine representatives of the right-wing group “National Corpus” carried out protests and demanded
to investigate corruption in the environment of President Poroshenko.
NATIONAL AND INTERNATIONAL OBSERVERS
2,157 official observers from foreign states and international organizations were registered for the
presidential election. The largest number of observers sent to Ukraine came from the OSCE ODIHR (808),
ENEMO (373), World Congress of Ukrainians (219), and CANADEM (164) international organizations,
and from foreign states - the US (63) and Poland (40).
At the same time, observers from Germany, France, Sweden, Israel, the US, Cyprus, Spain, Italy, Finland,
Serbia, Norway, and the UK who took part in the Russian presidential election in Crimea on March 18th
as international observers, were not allowed to enter Ukraine. The relevant sanctions were approved by
the government and the National Security and Defence Council of Ukraine.
48 https://uspishna-varta.com/ru/novyny/zhurnalista-skachko-ekstrenno-gospitalizirovali-posle-obyska-sbu
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
In addition, on March 20th CEC members refused to register the observers from the Russian
Federation who were submitted by the OSCE Mission in accordance with the legislation of Ukraine49.
The right to observe the election was received by 139 Ukrainian public organizations, which registered
a total of 88,486 observers (according to the information from the CEC website as of March 28th). More
than 51% of all observers are registered from public organizations that are affiliated with the
environment or party structure of the incumbent President Poroshenko. We are talking about the
“Ukrainian Center for a Democratic Society” (29,615 observers), the public organization “Solidarnaya
Molodezh” (8,569), the public organisation “All-Ukrainian Department of Identifying and Fighting
Corruption in Government Bodies and Local Self-Government” (4,081), and “Vitaly Klitschko's UDAR”
(2,965).
Human rights defenders are also worried about the registration of representatives of the right-wing
radical group “National Druzhina” (363 observers according to the CEC as of March 29th) and the
public organization affiliated with the leader of this organization, Andrey Biletsky, “National Monitoring”
(696 observers) as official observers.
During March representatives of this group repeatedly organized protests against corruption in the
environment of the current president, Petro Poroshenko. Thus, on March 9th, in Kiev, “National Corpus”
and “National Druzhina”, wearing masks and armed with CS gas, tried to storm the administration of
Petro Poroshenko, and then disrupted his meeting with voters in Cherkassy50. The human rights activists
of “Uspishna Varta” have repeatedly expressed concern about the possible use of force by right-wing
groups at polling stations on election day and called on law enforcement officers to limit these groups'
participation in the electoral process51.
In addition, according to the observers of “Uspishna Varta”, in a number of district commissions there
are questions about the openness of activities and access of official observers to the meetings of
the commissions.
The civil network “OPORA” also reported that the CEC is attempting to limit the rights of observers
by putting to the vote the question of giving them permission to attend meetings. The organization
notes that obtaining such permission is not stipulated by law52. The observers of “Uspishna Varta” also
state that they do not have access to CEC meetings, and communication with the CEC is difficult.
Also, observers in several regions (Zaporozhye, Dnepr) noted that during their registration, DEC
members demanded that they provide registration documents in an electronic format (or on a disk). On
March 20th the CEC issued resolution No. 622, according to which DECs must submit applications for
49 Earlier, on February 26th 2019, the candidate for the presidency of Ukraine and the current president Petro Poroshenko signed Law
No. 9524 (“On Amendments to Some Laws of Ukraine Concerning the Observation of the Electoral Process in Ukraine”), which prohibits
Russians from being observers at the presidential elections in Ukraine.
50 https://uspishna-varta.com/en/news/posle-aktsiy-natskorpusa-zhurnalista-vnesli-v-bazu-mirotvorets
51 https://uspishna-varta.com/en/news/pravozashchitniki-obespokoyeny-zayavleniyami-pravoradikalov-o-primenenii-sily-protiv-
izbirateley
52 https://www.oporaua.org/statement/vybory/vybory-prezydenta/vybory-prezydenta-2019/17014-zaiava-gromadianskoyi-merezhi-
opora-shchodo-nepravomirnosti-dii-tsentralnoyi-viborchoyi-komisiyi-z-vinesennia-na-obgovorennia-ta-nadannia-dozvolu-na-pravo-
prisutnosti-na-zasidanni-ofitsiinogo-sposterigacha
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
PEC candidates, the registration of official observers, and other documents via the information and
analytical system “Vybory”53.. According to “Uspishna Varta”, the introduction of changes to the
requirements for the registration of official observers 10 days before the election is unacceptable.
In a number of commissions (for example, in Vinnytsia), commissions delayed the issuance of certificates
to official observers, citing the lack of blank forms and a reluctance to “get together for the sake of one
person”. As the practice of communication with representatives of district commissions has shown, not
all of their members have information about the rights of official observers and the possibility of their
presence at commission meetings.
Human rights activists are concerned about the possibility of obstacles being placed in front of the
work of official observers, and even district commission members' refusing to allow them to be
present on election day. In addition, the presence of a large number of observers (more than
45,000) from the incumbent President Poroshenko on election day may lead to the risk of
provocations or the disruption of elections in those regions where his competitors lead.
ABOUT THE “USPISHNA VARTA” HUMAN RIGHTS PLATFORM
The All-Ukrainian Association “Uspishna Varta” is a human rights platform that unites lawyers, public figures,
and volunteers to protect the political and civil rights and freedoms of citizens of Ukraine, as well as to
provide support for people and organizations who are persecuted for their political beliefs.
Our main function is to monitor violations of the rights and freedoms of citizens in Ukraine and to make
them public for a prompt response and the protection of affected people and organizations. We collect
evidence of violations for the further transfer of these facts to the responsible authorities of Ukraine, and if a
reaction does not follow, then to the world community and international organizations.
In its activities, the “Uspishna Varta” human rights platform is guided solely by the principles of non-violence
and respect for the law and international standards in the field of human rights. Law, people's lives, and peace
in the state are fundamental to us.
We urge all those who are not indifferent to join our Platform for the joint realization of our mission: to
change the public climate of Ukraine, demonstrating and supporting the existence of an alternative view on
the order of things and affirming the value of human life and respect for civil and political rights in the state.
The “Uspishna Varta” human rights platform was created at the initiative and with the support of the
Ukrainian public figure and philanthropist Aleksandr Klimenko.
On January 18th the All-Ukrainian Public Association “Uspishna Varta” received permission from the CEC to
have its official election observers. The number of long-term and short-term observers from “Uspishna Varta”
during the campaign is more than 50 people.
More information about our initiative can be found on our website. https://uspishna-varta.com/
e-mail: [email protected]
Telephone: 0 800 20 40 04
53 http://www.cvk.gov.ua/pls/acts/ShowCard?id=45314&what=0
Intermediate Report on Monitoring Ukraine's 2019 Presidential Election The "Uspishna Varta" human rights platform, 1-28 March 2019
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