Catalogue of Recommendations on Electoral Reform

This Catalogue is a collection of recommendations issued by citizen observer organisations in Armenia, Azerbaijan, Belarus, Georgia, Moldova, Russia and Ukraine with regard to elections observed since 2012. It was developed by the EPDE with the aim of supporting these organizations’ efforts of tracking the implementation of recommendations and of encouraging follow-up and engagement on their basis to improve the conduct of elections.

Information contained in this Catalogue has been compiled on the basis of citizen observer organisations’ published election observation reports. Evaluations regarding the extent of implementation of individual recommendations have been provided by the respective organizations. For a comprehensive picture, recommendations and evaluations should be read in conjunction with the original full reports. Records in this Catalogue will be subject to regular update.

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Catalogue of Recommendations

1100 entries were found.

Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral System
Subtopic of primary thematic area:
Districts and constituencies
Recommendation:
The principles of formation of electoral districts should be revised, amplified and legally regulated in accordance with the standards of the Venice Commission
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Party functioning and internal party democracy
Subtopic of primary thematic area:
Capacity (nomination of commission members, proxies, observers, etc.)
Recommendation:
To implement intraparty mechanism of regular training and development of competence of members of the election commissions using the expertise of the CEC and specialized institutions
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants, Political parties, Political Parties and Campaign Oversight Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To ensure prompt investigation into violations committed in the first local elections, while informing the public about investigation findings in a timely manner
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
To rectify the situation with regard to the poor state of voting premises and financial & logistical support of election commissions in advance
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Local authorities
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Election administration should be composed in a way that the rule of selecting party-appointed members ensures a more balanced representation of political parties. More precisely, the principle of one party receiving a maximum of one appointee to the election commission at each level is recommended (so-called parity principle).
Action required:
Legal change, Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Subtopic of primary thematic area:
Implementation in line with the spirit of the law
Subtopic of secondary thematic area:
Composition and appointment
Subtopic of secondary thematic area:
Inclusiveness and Public Consultative Process
Recommendation:
To ensure the credibility and impartiality of a competition recruiting professional members of the (DEC/PEC) commissions, the reputable and experienced election observation organizations should be engaged; Interviews with the candidates should become mandatory. Also, standards for greater transparency should be introduced; The commission should have to justify the selection process and establish mechanisms for appealing the decision.
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Subtopic of primary thematic area:
Implementation in line with the spirit of the law
Subtopic of secondary thematic area:
Composition and appointment
Recommendation:
The parliamentary approval mechanism for appointing non-partisan (professional) members of the CEC should be revised in a way that it eliminates possibilities of a partisan decision and at the same time, do not leave the room for artificially impeding the process.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Overall guarantees of transparency of the electoral process
Subtopic of secondary thematic area:
New Media
Recommendation:
Due to the increasingly high role of social networks in political communication, terms of use of social networks in the campaigning period should be legally regulated. Law should redefine the agitation definition so that undue and narrow interpretation of this term is prevented.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Recommended
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Structure (clarity, comprehensiveness, codification, consistency)
Subtopic of secondary thematic area:
Misuse of administrative resources
Recommendation:
Agitation in social networks during working hours or while being on duty should be prohibited for civil servants. Also, using the state resources (such as equipment, internet connection) for agitation should be outlawed.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Parliament
Implementation Status:
Implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Use of computerized solutions / technologies in administration
Subtopic of primary thematic area:
Law-Making Process
Subtopic of secondary thematic area:
Procedures (Effective, Clear, Formalized)
Subtopic of secondary thematic area:
Transparency and accountability
Recommendation:
Considering the peculiar nature and tight timeframe of electoral disputes, the template of complaints should be updated. Also, the submission of a complaint and a court hearing should be online.
Action required:
Legal change, Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Misuse of administrative resources
Recommendation:
The practice of tasking civil servants and employees of non-profit (non-commercial) legal state entities to collect the so-called “lists of supporters” should be eliminated. Central and local government officials should demonstrate their solid and unequivocal stance on not allowing a forceful involvement of their subordinates in electoral campaigning.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
Central and local governments should not allow the dismissal of public servants on political grounds.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Subtopic of secondary thematic area:
Misuse of administrative resources
Recommendation:
Ministry of Education and Science should ensure absolute depoliticization of schools and raise the awareness of schoolteachers and other personnel about the forms of political pressure/intimidation and ways to defend oneself from it.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ministry - other
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Subtopic of secondary thematic area:
Misuse of administrative resources
Recommendation:
Amidst pandemic, due to the increased need for distribution of social assistance packages, a clear line between the state and the ruling party must be established. Central and local governments should make sure that beneficiaries of social assistance are aware of the source of benefits.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Government, Local authorities, Political parties
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Subtopic of secondary thematic area:
Misuse of administrative resources
Recommendation:
While distributing social assistance with the help of state and local budgetary resources, local government bodies should act upon the principles of integrity and rule out any discrimination based on political grounds and/or partisan affiliation.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government, Local authorities
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Subtopic of secondary thematic area:
Misuse of administrative resources
Recommendation:
Local government bodies should remain neutral in the pre-election period; engaging mayoral representatives in the pre-election partisan activities and implementing politically motivated personnel changes should be strictly unacceptable.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government, Local authorities
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Subtopic of secondary thematic area:
Misuse of administrative resources
Recommendation:
The local government should refrain from initiating electoral motivated social and infrastructure projects that aim at winning voters over instead of implementing public policy
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government, Local authorities
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Decision making
Recommendation:
The standard of electoral dispute resolution should increase on every level and the administrative proceedings should become more comprehensive. When making a decision, election administration should not only rely on the commissioners’ explanatory notes. In addition, it should not become the source of exemption in case of violation of electoral law.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Decision making
Recommendation:
The election administration should stop the practice of narrow interpretation of the law and should follow the spirit of the law while considering the electoral disputes. The election administration should encourage uniform interpretation of the law and should foster the establishment of universal practices.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Additional criteria should be introduced to exclude the possibility of appointing non-partisan/professional members of a commission who served as a party-appointed commissioner in the last elections or were associated with one.
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Subtopic of secondary thematic area:
Transparency and accountability
Recommendation:
To improve transparency and accountability of the election administration, live streaming of CEC and DEC meetings should be introduced.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Bribing and distribution of inducements to voters
Recommendation:
Political parties should refuse to employ the forms of engagement with their constituencies that might be characterized with signs of vote-buying.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Political parties, Political Parties and Campaign Oversight Body, Prosecutor's Office
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Bribing and distribution of inducements to voters
Recommendation:
Candidates running for an office should refrain from distributing social assistance personally so that they do not violate legal norms on vote-buying and political pressure.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Political parties, Political Parties and Campaign Oversight Body, Prosecutor's Office
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Separation between state and party
Recommendation:
Candidates running for an office should refrain from participating in the events funded by the central or local government budgets.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Undue conduct, interference, obstruction, inaction
Subtopic of secondary thematic area:
Pressure and Intimidation on Observers
Recommendation:
Neither central nor local government should discriminate and/or pressure and intimidate civic activities, political opponents, opposition supporter citizens, and media.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government, Local authorities, Political parties
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Freedom of campaign
Subtopic of secondary thematic area:
Freedom of association
Recommendation:
Political parties and candidates should refrain from mobilizing their supporters to attend in order to disrupt public meetings of opposing parties/candidates. They should not let their supporters disrupt meetings of other electoral subjects and their campaign activities.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Political parties
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Undue campaign rethoric (eg. discriminatory, sexist, xenophobic, homophobic campaigning, hate speech)
Recommendation:
During the election campaign political parties should refrain from aggressive rhetoric, attacking one another, discrediting opponents, engaging in negative campaigning, using hate speech and engaging in any other actions and making appeals that may polarize the society.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Undue campaign rethoric (eg. discriminatory, sexist, xenophobic, homophobic campaigning, hate speech)
Subtopic of secondary thematic area:
New Media
Recommendation:
Political party leaders and candidates should distance themselves from discrediting messages and negative campaigns run on social networks created for supporting them and/or discrediting their opponents. Instead, they should demand public disclosure of sources of financing for such campaigns.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Undue campaign rethoric (eg. discriminatory, sexist, xenophobic, homophobic campaigning, hate speech)
Recommendation:
Electoral subjects should not use or encourage the use of discriminatory rhetoric that fosters stereotypes.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Acts of physical violence and attacks against politicians and activists in the pre-election should be examined in a timely and transparent, and proportional penalty applied.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Prosecutor's Office
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Subtopic of secondary thematic area:
Misuse of administrative resources
Recommendation:
Ensure political neutrality of employees of the law enforcement agencies.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ad Hoc Structures Created for Election Period, Ministry of Interior
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Subtopic of secondary thematic area:
Women in campaign
Recommendation:
Investigative agencies should pay more attention to crimes perpetrated against female politicians, including the release of private recordings and timely and effective investigation of possible blackmail against them.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ad Hoc Structures Created for Election Period, Ministry of Interior, Prosecutor's Office
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Subtopic of secondary thematic area:
Transparency and accountability
Recommendation:
To ensure the transparency of its work, the State Audit Office should create a register of all submitted applications and appeals so that interested actors are able to monitor its proceedings and get all the necessary information about the process.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government, Political Parties and Campaign Oversight Body
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Donations
Recommendation:
Make all the necessary steps to ensure effective and timely response to the possible cases of illegal donations and contributions in the election campaigning.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Political Parties and Campaign Oversight Body, Prosecutor's Office
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Legal regulation
Subtopic of primary thematic area:
Inclusiveness and Public Consultative Process
Recommendation:
The Interagency Commission on Free and Fair Elections should become more inclusive and engage all relevant actors in its decision-making process.
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ad Hoc Structures Created for Election Period
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Subtopic of secondary thematic area:
Campaign regulation
Recommendation:
The Commission’s recommendation should become legally binding and should incur liability for its non-compliance.
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ad Hoc Structures Created for Election Period
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Investigation and prosecution
Subtopic of primary thematic area:
Compliance with international standards and good practice
Subtopic of secondary thematic area:
Legal regulation
Subtopic of secondary thematic area:
Compliance with international standards and good practice
Recommendation:
Mechanisms to monitor the implementation of the Interagency Commission on Free and Fair Election's recommendations and ways to react to their negligence should be prescribed in the law.
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ad Hoc Structures Created for Election Period, Parliament
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Structure (clarity, comprehensiveness, codification, consistency)
Recommendation:
To improve coordination and accountability between the state agencies and the Interagency Commission on Free and Fair Elections it should be structurally subordinated to the Prime Minister.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Media
Subtopic of primary thematic area:
Balanced Coverage
Recommendation:
Media outlets and broadcasters, during the electoral period, should understand their tremendous influence on the electoral environment and should exercise their professional duties with a high sense of responsibility. Journalists should not let extreme politicization of their media platforms. They should also inform voters in a balanced and objective manner.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Media
Implementation Status:
Partially implemented
Election Type:
Parliamentary
Recommending Organization: International Society for Fair Elections and Democracy (ISFED) Primary Thematic Area: Media
Subtopic of primary thematic area:
Balanced Coverage
Recommendation:
To increase the opportunities for informed choice, media outlets should support active and inclusive reporting on political parties’ platforms and programs.
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Media
Implementation Status:
Partially implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
To maintain control over equal implementation of electoral legislation by territorial election commissions, taking into account legal ambiguity on a number of important procedures
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To ensure efficient monitoring and fixation of legislation violations at the election, paying special attention to cases of material stimulation of voters
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To perform thematic trainings for law enforcement bodies employees, who will be directly involved in investigating crimes at first local elections in united territorial communities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body, Ministry of Interior, Prosecutor's Office
Implementation Status:
Obsolete
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To strengthen informing, educational and preventive work aimed at electoral crimes prevention
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body, Ministry of Interior
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
Ensure effective control over the application of the law by election commissions at the stage of establishing election results
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Ensure the investigation of violations in the first local elections, promptly informing the public about their results
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Implementation Status:
Obsolete
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Promptly investigate allegations by some political parties of illegal influence and pressure on candidates registered in the first local elections
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Implementation Status:
Obsolete
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Inform about the preliminary results of the investigation into the attack of unknown persons on one of the polling stations of Dnipropetrovsk region
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Ministry of Justice, Prosecutor's Office
Implementation Status:
Obsolete
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Results protocols
Recommendation:
Ensure the process of legally establishing the results of voting in the first local elections (including preventing illegal PECs from clarifying the protocols on the counting of votes at the polling station)
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Prosecutor's Office
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Ensure proper monitoring of the compliance of local organizations of political parties and candidates with the requirements of the legislation on the final reporting of election fund managers
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Respect the rights of observers, providing maximum opportunities to fix the final stage of the election process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Partially implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Inclusiveness and Public Consultative Process
Recommendation:
Ensure a full-fledged parliamentary dialogue on the experience of holding the first local elections in the united territorial communities and determine the priorities for improving the relevant legislation
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Ensure proper parliamentary oversight of the investigation of crimes against citizens' voting rights
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral System
Subtopic of primary thematic area:
Type of electoral system
Recommendation:
Return to Ukraine's commitment to full electoral reform, including the implementation of the Coalition Agreement concluded in 2014
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral System
Subtopic of primary thematic area:
Type of electoral system
Recommendation:
To guarantee proper elaboration of the Election Code to the second reading by VRU Committee on Judicial Policy and Justice
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Law-Making Process
Recommendation:
To consider the draft Election Code in the Parliament not later than in October-November 2019
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Implemented
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
To improve and simplify the reporting procedure for political parties, to specify admissible types of financial expenses for parties
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance oversight body
Recommendation:
To establish a clear procedure for oversight and controlling functions and introduce effective sanctions for violation of the legislation
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
To harmonize electoral legislation with regulations on state financing of political parties, giving a ground for proper oversight over campaign expenses of electoral subjects
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Training
Recommendation:
To adopt amendments to the legislation introducing mandatory certification of potential election commission members before regular parliamentary elections
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Proxies and party representatives
Recommendation:
It is reasonable to oblige political parties and candidates to nominate individuals who have already passed a certification at the level of CEC or an already established Training Center under this Commission
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Training
Recommendation:
While the comprehensive amendments to the legislation are being adopted, the CEC should focus on the training of election commission members by itself and strengthening of verification instruments aimed to check the training efficiency
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral System
Recommendation:
While a wide constitutional reform is ongoing, it would be reasonable to take into consideration the recommendations concerning a possibility of pre-term withdrawal of an MP of Ukraine, elected to represent a political party, in case he leaves the party
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Party functioning and internal party democracy
Subtopic of primary thematic area:
Statutes and campaign programs
Recommendation:
Political parties should reconsider their statutes to strengthen the mechanisms and procedures for inter party democracy
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Political parties
Recommending Organization: Civil Network OPORA Primary Thematic Area: Party functioning and internal party democracy
Subtopic of primary thematic area:
Capacity (nomination of commission members, proxies, observers, etc.)
Recommendation:
Political parties should introduce wide training and awareness programs, to raise the competence of their members and local leaders
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Political parties
Recommending Organization: Civil Network OPORA Primary Thematic Area: Media
Subtopic of primary thematic area:
Balanced Coverage
Recommendation:
Verkhovna Rada of Ukraine, mass media companies and their professional associations should hold discuss tougher sanctions for violation of electoral legislation by the media. On one hand, these sanctions should be strict enough to urge mass media representatives to follow the law. On the other hand, fines and sanctions should not make journalists to apply self-censorship, or depend on legal measures of influential candidates
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Media, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Media
Subtopic of primary thematic area:
Paid Advertisement
Recommendation:
To clarify legislative regulations, which concern marking of campaign materials in printed media. This will help to avoid placement of paid hidden campaign materials by electoral subjects
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Media, Media Regulatory and Oversight Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
It would be reasonable to introduce amendments to laws of Ukraine on elections and on the State Voter Register giving internally displaced persons and migrant workers the right to change electoral address on their own initiative
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
Verkhovna Rada of Ukraine should urgently consider draft laws guaranteeing electoral rights of internally displaced persons. Draft Law of Ukraine #6240, which was subject to inclusive discussion and contains regulations in prevention of electoral violations, should be of a top priority for consideration and adoption by the Parliament
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Persons with disabilities
Subtopic of primary thematic area:
Access to polling stations
Recommendation:
Ukrainian Parliament should adopt the law on disability access to buildings and premises, with consideration of public suggestions. Ukrainian Government, for its part, should guarantee proper coordination of each authorized body in verification of adherence to the law guaranteeing free access to voting premises for the disabled
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Persons with disabilities
Subtopic of primary thematic area:
Legal guarantees
Recommendation:
The Parliament of Ukraine should urgently consider all the registered projects concerning participation of disabled persons in the election process, including amendments to the adopted in the first reading draft Election Code
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
To conduct an urgent rotation of CEC members based on recommendations of the Venice Commission concerning the inclusion of nominees from each political party, represented in the Parliament
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
To provide clear regulations on the authority of CEC's territorial subdivisions and envisage enough financing for their activities
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Subtopic of secondary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
To extend in laws and regulations the list of public information about elections, maintained by the CEC. To provide a legislative and financial basis for the strengthening of informational safety during elections, and widen access to preliminary consideration of draft decisions by the CEC for organizations independent of political groups
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
Urgent consideration of Governmental draft law #8270 by the Parliament, as well as three alternative draft laws concerning an increased liability for violation of electoral legislation
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Sanctions
Recommendation:
To improve a legislative base through the introduction of sanctions for various misuses of administrative resources (classifying them not only as electoral violations, but also as criminal offenses)
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Sanctions
Recommendation:
To guarantee efficient application of the legislation establishing liability for misuse of administrative resources by the authorized bodies, specifying their jurisdiction and responsibilities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
To regulate on a legislative level the problem of unclear separation of activities in office and campaigning activities by public servants
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
To urge electoral subjects to apply self-regulating limitations through a development and introduction of ethical standards
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Political parties, Political Parties and Campaign Oversight Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Women
Subtopic of primary thematic area:
Special measures to enhance participation / representation
Recommendation:
To oblige political parties to include to their statutes regulations on the maximum level of the same gender representatives in electoral lists for parliamentary elections and elections to local councils, reaching 70% or even 60%. This requirement should also introduce inclusion of maximum three representatives of the same gender to each group of five candidates in the corresponding electoral list on parliamentary elections and elections to local councils
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Women
Subtopic of primary thematic area:
Legal regulation
Recommendation:
To include in the legislation on parliamentary elections and elections to local councils a mandatory provision introducing the rejection of electoral lists, which do not comply with the requirement on balanced representation of men and women
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: National minorities
Subtopic of primary thematic area:
Inclusion in parties and as candidates
Recommendation:
To strengthen the capability of political parties to take into consideration the interests of national minorities when forming electoral lists and election programs through informational and awareness-rising events
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Political parties
Recommending Organization: Civil Network OPORA Primary Thematic Area: National minorities
Subtopic of primary thematic area:
Special measures to enhance participation / representation
Recommendation:
The government should collect a complete data, which the CEC described as unreliable, on the number and location of compact residence areas of national minorities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad)
Recommending Organization: Civil Network OPORA Primary Thematic Area: National minorities
Subtopic of primary thematic area:
Representation in EMBs
Recommendation:
The CEC should regulate at the level of legislation and bylaws the procedure for inclusion of compact residences of national minorities when determining constituency boundaries of single-member districts before parliamentary elections
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Harmonization of electoral and adjacent legislation concerning submission of electronic declarations by candidates, as well as other aspects of adherence to anti-corruption legislation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Denial of registration
Recommendation:
To detail the procedure for detection of violations committed by candidates in restrictions on simultaneous nomination
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Denial of registration
Recommendation:
To detail the basis and procedure for rejection of candidates submitted for registration, aimed to avoid any rejections based on errors or inaccuracies in registration documents
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Registration shortly before election day
Recommendation:
It is reasonable to extend the deadline for compilation of preliminary voter lists, giving the voters enough time for familiarization with voters lists and submission of any necessary changes
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Public confidence
Recommendation:
It is reasonable to consider a possibility to introduce voter lists, which can be downloaded and printed, for political parties, candidates, and civil society
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Publication of preliminary and final results
Recommendation:
The CEC should receive legal powers to guarantee timely publication of preliminary election results at the level of polling stations in each oblast, in accordance with international standards
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Training
Recommendation:
As for the training of PEC members, more attention should be paid to the vote count and filling in precinct protocols. It is also reasonable to consider simplification of a protocol form (making some wordings easier for understanding)
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
It is reasonable to develop and start introducing plans for strategic cooperation between the CEC and mass media, particularly dissemination of socially oriented awareness materials
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Media
Recommending Organization: Civil Network OPORA Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Accuracy
Recommendation:
Strengthening CEC's coordination of awareness activities conducted by State Voter Register maintenance bodies; giving them precise awareness-raising goals and developing awareness materials for informational activities in the regions
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Technologies
Subtopic of primary thematic area:
Legal regulation
Recommendation:
Introducing special information and awareness programs for the citizens of temporarily occupied territories concerning opportunities for their participation in national elections
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
Introducing special informational and awareness programs for internally displaced persons and migrant workers concerning the realization of their active electoral right
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Government
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
Personnel policy concerning heads of state administrations at different levels should be aimed at raising the professionalism and neutrality of state services
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
Heads of local state administrations and their deputy heads should refrain from any political functions while in office both during official and early election campaigns
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government, Local authorities
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
Local government bodies should demonstrate an initiative in introduction of ethical standards in activities of state officials during election process. Taking public obligation concerning unacceptability of using official status or powers for the purposes of campaigning
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Local authorities
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
To prospective electoral subjects on their own initiative, to make public the volume and sources of funding for the early campaigning events
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election contestants
Implementation Status:
Obsolete
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Equality of campaign opportunities
Recommendation:
To prospective electoral subjects to provide for due distinction between occupational and political activities, with respect for democratic standards of competitive political and electoral processes
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Implementation Status:
Obsolete
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Proxies and party representatives
Recommendation:
To prospective electoral subjects in due time beforehand, and on their own, to provide for the training of prospective members of election commissions in order to prevent professional activities in the area of administering election
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Voter education and information
Recommendation:
CEC should to facilitate the large scale awareness campaign among voters on the temporary change of voting stations without the change of voting address
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
CEC should to reinforce the standards of transparency and openness in the CEC operations, including the beforehand publication of agendas and draft resolutions of the Commission, transcripts and minutes of its meetings, and other documents
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
CEC should to provide for due informing of media and other stakeholders about the conduct of meetings and other events of the Commission, to guarantee consistent access of journalists to public events of the Commission
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
Parliament should urgently consider at the plenary meeting the government draft Law of Ukraine No 8270 on providing for the inescapable nature of punishment for electoral fraud and the alternative draft versions submitted thereto
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
Parliament should provide for the consideration and approval of the draft Law of Ukraine on securing voting rights to internally displaced persons and other mobile citizens within the country
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To administrative and government officials to comply with the national law and international standards in the area of preventing unlawful interference of public officials with the political and electoral processes
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government, Local authorities
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To administrative and government officials in due time beforehand, to bring awareness to public officials and local self-government officials on the legal restrictions of electoral process
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
To law-enforcement agencies of Ukraine to develop and implement inter-agency and internal organizational mechanisms to coordinate activities intended to prevent abuse of law during election
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ministry of Interior, Ministry of Justice, Prosecutor's Office
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Recommendation:
To law-enforcement agencies of Ukraine to implement in due time beforehand the trainings on electoral process for law-enforcement officers
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Ministry of Interior, Ministry of Justice, Prosecutor's Office
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
To strengthen communication with a wide list of non-governmental organizations in Ukraine concerning realization of the Road Map for CEC, which includes such tasks as guaranteeing transparency and inclusiveness of the CEC, establishing regular communication between the CEC and stakeholders
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Non-governmental organizations and civil society, Observer organizations
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
To give additional explanations on a temporary change of voting location without changing of an election address for the citizens of temporarily occupied territories, taking into consideration the absence of President's decree establishing the list of and boundaries for occupied settlements in Donetsk and Luhansk oblasts
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
To take measures for maximum involvement of voters in Donetsk and Luhansk oblasts in election of the President of Ukraine, avoiding unjustified decisions on non-participation of state-controlled territories in these regions. Such measures must be based on priority of the universal suffrage, taking into consideration the legal uncertainty in consideration of opinions from military and civilian administrations in electoral sector
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
To facilitate a wide-scale information and awareness campaign for the voters, dedicated to a temporary change of voting location without changing of an election address
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To guarantee an operative investigation of every incident involving obstruction to political activities of leaders of political parties and other individuals, committed before the election process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To strengthen preventive measures against violence and obstruction to activities of candidates for the President of Ukraine and political parties
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To elaborate and adopt inter-agency and internal organizational coordination mechanisms to prevent illegal actions in the election process
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior, Ministry of Justice, Political Parties and Campaign Oversight Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To timely realize training programs on electoral matters for law-enforcement officers
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To stick to the national legislation and international standards prohibiting intervention in the electoral process by civil servants
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government, Local authorities
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To inform public officials and employees of local self-government bodies about legal restrictions in the election process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Government, Local authorities
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Subjects of electoral process should independently publicize information on the sources and structure of revenues and expenses to fund the campaigning activities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Undue campaign rethoric (eg. discriminatory, sexist, xenophobic, homophobic campaigning, hate speech)
Recommendation:
Subjects of electoral process should avoid unjustified statements or actions that could discredit the activities of independent public institutions and the results of their work, such as the process of functioning of the State Register of Voters
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Central Election Commission should to reinforce control over electoral subjects compliance with the legal provisions on funding the campaign, and specifically, on circulation of the candidates’ election funds
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
To facilitate the adoption of the Law of Ukraine on providing for voting rights to internally displaced persons, and other domestically mobile groups
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
To regulate in the law the practices for campaigning and for funding of election campaigns in the absence of election process and on the preceding stage
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
To provide for adoption of changes to the law in order to regulate practices of engaging citizens into campaigning in favour of Ukrainian presidential candidates. The changes shall simultaneously account for the relevance of legalization of justified costs incurred by the candidates and the need to prevent vote-buying
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To facilitate the adoption of the draft law No.8270 on providing for irreversible nature of punishment for election fraud in order to enhance chances to counteract the fraud during elections
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
To enhance control over compliance of electoral subjects with the provisions of the law on funding the campaigns, such as the turnover of accounts of election funds of candidates
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To provide additional evidence to support the statements on organization of vote-buying by a group of persons led by people’s deputies of Ukraine for the benefits of a Ukrainian presidential candidate
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To provide for due coordination with the National Police of Ukraine in order to efficiently investigate facts of breaching the law by electoral subjects
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To continue with the activities and programs of raising the overall competence of law-enforcement officers in identifying, recording, and responding to election fraud
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To provide for due coordination with the Security Service of Ukraine and the General Prosecutor’s Office of Ukraine, in order to provide for efficient investigation of the declared facts of breaking the law by electoral subjects
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
To enhance preventive measures against violence and damage of campaigning materials/property of Ukrainian presidential candidates
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Premises for campaign events
Recommendation:
Refrain from the practice of granting permission to attend the CEC meetings for electoral subjects whose right to attend the meetings is guaranteed by law
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Strengthen media and public outreach, inform them about draft decisions and already adopted decision of the CEC
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
Refrain from unequal treatment of domestic and international observers while ensuring compliance with international standards
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral System
Recommendation:
To provide for efficient process for consideration of amendments to the draft Election Code, and facilitate the approval of the document that takes into account the suggestions of the sectoral Working Group
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
To provide for due informing of parties and enhance control over compliance with the electoral process of the statutory documents of potential electoral subjects in terms of holding conventions (meetings, conferences) with the nomination of candidates to participate in elections
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
To enhance control over compliance of electoral subjects with provisions of the law on the funding of campaigning, and specifically, in the turnover of costs of election funds of candidates
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To continue practices of holding activities and programs to raise the general competence levels of law-enforcement officers in identifying, taking record, and responding to electoral fraud
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Repeated implementation:
1553986800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
To independently publish information on the sources and structure of revenues and expenses to fund election campaigning activities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Repeated implementation:
1553986800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Undue campaign rethoric (eg. discriminatory, sexist, xenophobic, homophobic campaigning, hate speech)
Recommendation:
To avoid unjustified statements or actions that might discredit activities of independent state institutions and undermine trust to electoral process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Repeated implementation:
1553986800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
To provide for consideration and adoption of draft laws No 8270 (on providing the inescapable punishment for electoral fraud)
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Repeated implementation:
1553986800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
to provide for consideration and adoption of draft laws No 6240 (on providing for voting rights to internally displaced persons and internal labour migrants)
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Repeated implementation:
1553986800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To pay special attention to prevention and investigation of attempts of forceful obstruction to activities of electoral subjects
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To enhance response rate to cases of indirect vote buying, which number keeps growing, according to OPORA observation findings
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
To provide for timely and exhaustive publication of information on the facts of opening accounts of election funds by all electoral subjects
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Bribing and distribution of inducements to voters
Recommendation:
To fully avoid organization of activities accompanied by providing goods and services to voters by people’s deputies of Ukraine
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Separation between state and party
Recommendation:
To clearly distinguish the process of performing one’s official duties and running campaigning activities in one’s favour
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Repeated implementation:
1553986800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Ensure introduction of amendments in electoral law with aim of regulating the procedure for financing, accounting and reporting on electoral subject’s expenditures for pre-election campaigning with the use of online resources
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Ensure compliance with the prohibition to conduct pre-election campaigning in breach of the time limits prescribed by Law (on the eve of Election Day and on the Election Day itself), including by way of prompt response to cases of anti-agitation
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Give due attention to investigation of cases of direct and indirect bribery of voters as well as cases of manipulative deception and interference with citizens’ voting rights by means of illegal use of party brands
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior, Prosecutor's Office
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
Provide prompt communication and proper feedback to the district election commission in terms of clarifying specified procedures and peculiarities of the application of election law provisions that do not apply to other types of election
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Inform the media and the interested public about the opening of campaign accounts by MP candidates
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
Improve the Criminal Code of Ukraine and the Code of Administrative Offenses to guarantee the certainty of punishment for electoral crimes
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
Ensure prompt improvement of the Election Code in order to properly prepare for the upcoming local and national elections
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
Refrain from public activities and informational activities that have features of politically motivated support for electoral subjects
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Local authorities
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Party functioning and internal party democracy
Subtopic of primary thematic area:
Capacity (nomination of commission members, proxies, observers, etc.)
Recommendation:
Political parties, especially those receiving public donations, should show a greater interest in the election campaign. They should also actively exercise their exclusive functions related to the control of election administration and minimization of the risk of monopolized political influence over the work of election commissions
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Political parties
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral System
Recommendation:
To finalize the full-scale electoral reform in Ukraine by further finetuning of the adopted Electoral Code in an inclusive and open manner
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Registration shortly before election day
Recommendation:
To provide for voting rights of citizens residing outside the country by further liberalization of the procedure for temporary change of voting place without changing the voting address
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Technologies
Subtopic of primary thematic area:
Legal regulation
Recommendation:
To regulate on the legislative level the issues of running electoral campaigns online, and with the help of global information platforms, as well as to determine peculiarities of engaging NGOs and other third persons to the candidates’ election campaigns
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
To regulate the rights of observers from NGOs to run the observation over CEC operations by introducing a procedure of their registration in a nationwide constituency
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Legal Basis to Observe
Recommendation:
To enhance the rights of official observers from the non-party monitoring organizations to appeal against electoral fraud
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To enhance legal guarantees for political impartiality of public service and local self-government service
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
To regulate in the law the terms and conditions for sharing political advertising from political parties and potential candidates before the official start of electoral process
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
To approve the draft Law on Providing for the Irreversible Nature of Punishment for electoral fraud by improving the Criminal Code of Ukraine and the Code on Administrative Offense
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
To legislatively oblige the CEC, NAZK, banking institutions, and electoral subjects publish in real time the payments from accounts of election funds of candidates in order to provide for due transparency of candidates’ expenditures
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Training
Recommendation:
To introduce a mandatory certification of knowledge of members of district election commissions in order to professionalize the operations of election commissions
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
To regulate the process of establishing special polling stations for military servicemen on the territory of running the Joint Forces Operation at all national elections, since the current procedure is only provided for presidential elections
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
To increase transparency of electoral finance by legalizing candidates expenditures on campaign offices, logistics, and human resourcing, while establishing quantitative restrictions on hiring voters for running election campaigns
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
To launch an internal reform of the Commission in terms of planning its operations, conducting consultations with the public, expansion of the list of open electoral data
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Registration shortly before election day
Recommendation:
To simplify the procedure for temporary change of voting place without changing the electoral address for all categories of citizens by cancelling the mandatory presentation of supporting documents and by using new technologies to submit the respective applications from citizens
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
On their own initiative, to extend the list of electoral data open to citizens (in case of no legal restraints on disclosure of such information)
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Decision making
Recommendation:
To refuse from the practice of conducting operational sessions of CEC members closed for observers, and to provide for compliance with the principles of transparency, openness, and collegiality in the Commission’s operations at all stages of drafting and approving the decisions
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Recommendation:
To develop and implement a comprehensive awareness campaign for voters on liability for violating the electoral law and the exercise of election procedures
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Persons with disabilities
Subtopic of primary thematic area:
Targetted information and materials
Recommendation:
To provide for the drafting and implementation of the plan to enhance accessibility of electoral process for persons with disabilities, including access to polling stations and materials for election campaigning
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Government
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
To consider the possibility to increase the salaries for members of election commissions in order to incentivize motivation of citizens to exercise the respective duties
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To publish a public report on interim findings for investigation of electoral fraud detected at the regular presidential elections in Ukraine
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
To optimize the process of responding to electoral fraud by collecting and analyzing of information from constituencies and by organizing the operations of the Agency’s territorial offices
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Pressure and Intimidation on Observers
Recommendation:
Parties should avoid further use of legal possibilities to imitate a of non-party observation for electoral benefits
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Political parties
Election Type:
Presidential
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Training
Recommendation:
Parties should provide for timely training of prospective election commissions members to ensure unimpeded operations of election commissions at the next elections
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Political parties
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral System
Recommendation:
Complete full-fledged electoral reform by improving the Electoral code based on inclusive parliamentary and expert dialogue
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
Adopt a package of amendments to the Criminal Code, the Code of Administrative Offenses on the effective provision of punishment for electoral fraud, which was jointly developed by the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, and by OPORA
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Repeated implementation:
1553986800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Continue to reform the legislation on electoral and party finance on the basis of European standards and with account for the impact of shadow finance on the political process in Ukraine
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Persons with disabilities
Subtopic of primary thematic area:
Legal guarantees
Recommendation:
Take into account the need to ensure the political and electoral rights of people with disabilities at all stages of electoral reform
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Legislatively create conditions for the progress of election administration bodies in the field of open election data
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Comprehensively regulate the conduct of campaigning by political parties and candidates on social media, in order to ensure accountability of electoral finances
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
State funding
Recommendation:
Give political parties with a minimum share of support the right to governmental funding to promote the development of the party system and support non-partisan political forces
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Party functioning and internal party democracy
Subtopic of primary thematic area:
Composition of candidate lists
Recommendation:
Strengthen the requirements for transparency and openness of conventions (congresses) of political parties in order to develop internal party democracy, avoid abuses and falsifications at the stage of approval of candidate lists
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
Due to the massive technology of “twins” and “clones” in the extraordinary elections of people’s deputies, to clearly establish criminal liability for bribing candidates in the interests of influential electoral contestants
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Women
Subtopic of primary thematic area:
Women in political parties and as candidates
Recommendation:
Given the non-compliance of some parties with the principle of gender balance in the electoral lists and the unsatisfactory level of representation of women in the upper parts of lists, to ensure legislative and practical compliance with the minimum quota for the representation of two genders in the electoral lists
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Donations
Recommendation:
Simplify the procedures for individuals to contribute to the election funds of parties and candidates through online tools, ensuring full control over their legality and openness of information about campaign sponsors
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Comprehensively regulate the issues of CEC public procurement in the settings of the election process, adhering to the balance of their accountability, anti-corruption, flexibility and efficiency
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Government
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
Legislate the criteria and procedures for the CEC to verify candidates’ compliance with the residence requirement on the territory of Ukraine during the previous five years, in order to avoid conflict situations and unequal legal practice
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Subtopic of secondary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
The CEC’s internal reform should include the Commission’s transition to medium- and long-term planning, the creation of stakeholder consultation platforms, the provision of public discussions of important Commission documents, staff capacity building, and the development of open election data and voter services policies
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Ensure that the Commission’s working meetings are open and accountable to journalists and official observers by creating a genuine discussion on the agenda of the Commission’s formal meetings
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Complaints and appeals
Recommendation:
To ensure the generalization of judicial practice in the extraordinary elections of people’s deputies of Ukraine, and to organize public events to discuss key issues in the process of consideration of election disputes by courts
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Justice
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Legal redress by courts
Recommendation:
https://www.oporaua.org/en/report/vybory/parlamentski-vybory/parlamentski-vybory-2019/zvit_parlamet_election_2019#:~:text=Provide%20thematic%20training%20of%20judges%20of%20Ukraine%20in%20the%20period%20between%20the%20elections%2C%20in%20order%20to%20enhance%20their%20capacity%20to%20resolve%20electoral%20disputes
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Justice
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
To include in the Election Code the principle of proportional division of management positions in TECs for local elections
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Persons with disabilities
Subtopic of primary thematic area:
Access to polling stations
Subtopic of secondary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
To assess he current condition of the premises and take measures to ensure the provision of good material and technical conditions for territorial election commissions, as well as an unimpeded access for people with disabilities
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Voter rights
Recommendation:
To develop a set of measures and quarantine restrictions in timely and open manner, to minimize the hazards for election administration or unauthorized restriction of voting rights of citizens
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
To resolve the issue with remuneration for the work realized by commission members and employees before the start of election process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Party functioning and internal party democracy
Subtopic of primary thematic area:
Capacity (nomination of commission members, proxies, observers, etc.)
Recommendation:
To refrain from unjustified and excessive substitution of TEC members, which have adverse impact on the functioning of commissions and question the independence of their members
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Political parties
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To officials and civil servants of public administration, when fulfilling the activities with elements of pre-electoral campaigning, to take into account and to follow the restrictions set by the Laws of Ukraine “On Civil Service” and “On Prevention of Corruption.”
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Repeated implementation:
1553986800
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To make public the complete information on the organizers and the sources for funding regional party-related events attended by the President of Ukraine Volodymyr Zelenskyi
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To provide for due distinction between the work-related and party-related activities attended by the President of Ukraine, in order to prevent the breach of principle of political neutrality of civil servants on the local and national levels
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Government
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
Expeditiously and comprehensively develop legal regulations to hold local elections in the communities in the government-controlled territories of Donetsk and Luhansk Oblasts to ensure voting rights of the people
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
When amending the election law, take into consideration the urgent need to regulate the dissemination of electoral campaign materials and provision of online information on the election campaign
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Internally displaced persons (IDPs), labour migrants, other mobile groups of voters
Recommendation:
Initiate before the parliament the consideration of the urgent need to legally guarantee the right to local self-government of the territorial communities in the government-controlled territories of Donetsk and Luhansk Oblasts
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
Provide enhanced monitoring of the precincts that show uncharacteristic rise of the number of voters emanating from the change of the voting address
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Promptly inform the public and the media about the intermediate results of the investigation of election crimes
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Examine and take control of the logistic support for the election commissions, compliance of the premises with accessibility standards, and the availability of personal protective equipment for the election commission members
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Promptly investigate any incident of attacks on the candidates, damage or destruction of their property or campaign materials as well as established vote-buying incidents, and inform the public of the investigation results
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Ensure complete and uniform application throughout the Ukrainian regions of the Government Resolution on counter-epidemic measures in the course of the local election
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government, Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign silence
Recommendation:
Refrain from any form of direct or indirect campaigning at the time when this is prohibited by law, including during the poll conducted on the initiative of the President of Ukraine
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Ensure coordinated efforts to implement anti-epidemic measures aimed at maximizing the exercise of citizens’ electoral rights and preventing the spread of COVID-19 across Ukraine
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government, Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Establish direct, transparent and effective communication with the election commissions in order to quickly assess their needs and respond to their requests regulated by the Government resolution and CEC recommendations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Results protocols
Recommendation:
Promptly collect information and ensure full publication of up-to-date data on the results of all elections on October 25, 2020, and the repeat vote
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Carry out prompt investigations and provide regular information to the citizens on the results of the investigation of possible fraud incidents at the stage of vote counting and establishing voting results, as well as the instances of violations during the repeat vote
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Consistently ensure conditions supporting lawful activities of the official observers representing candidates, political party organizations, and civil society organizations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Undue campaign rethoric (eg. discriminatory, sexist, xenophobic, homophobic campaigning, hate speech)
Recommendation:
Refrain from spreading knowingly any false information about the contenders
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Repeated implementation:
1567893600
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Equality of campaign opportunities
Recommendation:
Abandon covert campaigning in the media that is carried out thanks to the existent political ties between election participants and TV channel owners
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Media, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Media
Subtopic of primary thematic area:
Balanced Coverage
Recommendation:
Avoid violating, directly and indirectly, the Electoral Code provisions for unbiased and impartial coverage of the election process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Media
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Separation between state and party
Recommendation:
To avoid any interferences into the course of repeated voting, to provide for control over abidance by the rules of election law by heads of municipal companies and budgetary organizations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Misuse of administrative resources
Recommendation:
To counteract any attempts of unlawful mobilization of voters or to control the expression of will engaging the administrative pressure or through another unlawful way
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign silence
Recommendation:
To avoid any campaigning events beyond the timelines set by the Electoral Code, also any covert campaigning on social media and on the outside boards
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Decision making
Recommendation:
To fully comply with the anti-epidemic requirements when conducting the sessions, and during the voting process, securing the personal safety and showing good practices for voters
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Voter identification and documents
Recommendation:
To prevent cases of issuing ballot papers to voters failing to present due IDs or trying to vote in lieu of their family members or other persons. This unacceptable practice is common at elections in Ukraine, which is confirmed by the findings of OPORA observation, and by official data from law-enforcement and judicial authorities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Fraud and irregularities (including attemps of influencing voters)
Recommendation:
To be proactive in responding to attempts of voters to photograph their filled ballot papers, which, as shown during the repeated voting on November, 22, in 11 cities, may be a sign of the voter bribery technology
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Results protocols
Recommendation:
To prevent the production of adjusted vote count reports at polling stations other than at the PEC sessions, or with other breaches of the law
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
To create the conditions for official observers for the exercise of their lawful rights, to actively respond to attempts to illegally restrict their activities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
To compile a backup list of candidates for the precinct election commissions for the event of deliberate withdrawal of commission members by their nominating entities, or in a situation of the lacking quorum required for the due organization of operations
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Bribing and distribution of inducements to voters
Recommendation:
Refrain from bribing the voters in any form or by any means in compliance with legal requirements and democratic election standards
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Repeated implementation:
1603576800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Third party campaign financing
Recommendation:
Ensure complete transparency of campaign finance while preventing the involvement of third parties (charity foundations, NGOs) in covert funding of election campaigns
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants, Political parties
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Media
Subtopic of primary thematic area:
Balanced Coverage
Recommendation:
Strictly adhere to legal requirements for compliance with the principle of equal conditions and equal access for all candidates and political parties – electoral subjects
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Media
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Provide election commissions with all the necessary technical means and materials in order to ensure effective implementation of epidemiological response measures
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Repeated implementation:
1603576800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Voter education and information
Recommendation:
Provide voters and commission members with explanations of peculiarities of interaction with the departments of State register of voters under conditions of incomplete process of formation of rayon state administrations on the basis of new administrative (rayon) division
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Ensure the legitimacy of the process of formation of precinct election commissions by way of informing the electoral subjects in a proper manner
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Ensure prompt investigation of alleged facts of bribery of voters that were recorded in district election constituencies No.50 and No.87
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Inform the media and general public about preliminary results of investigation of crimes against electoral rights of citizens on a regular basis
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
To plan and implement in advance a set of anti-epidemiological measures and provide for appropriate voter information aimed at ensuring the safe voting of citizens and the activities of election commissions in a pandemic
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
To provide prior training and education for police officers involved in law enforcement provision during the election process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Repeated implementation:
1553986800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
In order to properly study the experience of applying the legislation amended on the eve of local elections, to prepare and publish an analysis of the effectiveness of the investigation of electoral fraud in the 2020 local elections and the by-elections of people’s deputies of Ukraine in 2021
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Repeated implementation:
1603576800
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Voter education and information
Recommendation:
To implement informational and awareness-building projects for voters of single-member constituencies on the specifics of the election process, on the liability for violations and the need to adhere to anti-epidemiological measures
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
To plan and implement measures to increase citizens’ access to open election data, including information on the composition of DECs and PECs
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
To strengthen control over the implementation of DECs’ powers to publish their decisions, including on the CEC’s official website
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Equality of campaign opportunities
Recommendation:
To promote the politically neutral nature of the activities of the public administration during the election process, providing real equal opportunities for candidates in the by-elections of people’s deputies of Ukraine
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government, Local authorities
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To clearly adhere to the distinction between one’s own official activities and the functioning of political parties and candidates, avoiding the use of central government and municipal resources in the electoral interests
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Repeated implementation:
1603576800
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
To promptly take preventive actions in order to create safe conditions for public pre-election events and prevent illegal actions by participants in mass events that could destabilize the legal course of the election process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
To exercise proper supervision and control over the observance of anti-epidemic measures without the application of restrictions or obstacles to the current activities of electoral subjects and in the course of their pre-election activities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Misuse of administrative resources
Recommendation:
To avoid cases of misuse of administrative resources, to avoid the use of official measures related to the performance of official duties, or those that are carried out within the budget funding for the pre-election purposes of candidates or parties
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Repeated implementation:
1567893600
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Roles of institutions of state
Subtopic of primary thematic area:
Separation of party and state
Recommendation:
To refrain from actions that may show signs of politically motivated interference in the electoral process and unequal or biased treatment of political parties and candidates
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Repeated implementation:
1567893600
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
To work with the Territorial Election Commission to develop a plan of anti-epidemiological measures, including scenarios for responding to the risks of deterioration of the epidemic situation in the context of the election campaign and the election day, as well as to establish a system of informing voters and other participants about quarantine requirements and restrictions
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Bribing and distribution of inducements to voters
Recommendation:
The CEC should also ensure that potential participants in the election process are informed about the responsibility for violations and the illegal nature of current campaigning, accompanied by charitable aid and other forms of material incentives for voters
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
OPORA hereby appeals to the Ministry of Interior and the National Police to ensure prompt verification and proper investigation of the implementation of technologies with elements of illegal influence on the will of citizens (in particular, registration and participation in elections of so-called "twins"; organization of public events accompanied by material assistance and services to voters), with further informing the public about the circumstances of the identified offenses, the initiators and motives of their actions
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
To strictly follow the anti-epidemiological instructions for holding elections under quarantine restrictions and to take all recommended measures to prevent the risk of disease among commission members and voters in general
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Persons with disabilities
Subtopic of primary thematic area:
Access to polling stations
Recommendation:
Strengthen opportunities for people with disabilities to participate in the electoral process through a legal obligation to ensure their access to campaigning and voting by introducing reasonable accommodations, by allowing these voters to choose where they vote (at the polling station or at home), and to speed up the process of bringing polling stations up to accessibility standards
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Women
Subtopic of primary thematic area:
Special measures to enhance participation / representation
Recommendation:
Ensure the effectiveness of the gender quota on electoral rolls by increasing the legal certainty of the process of candidate registration and registaration cancellation, and introducing a legislative mechanism to replace candidates who withdraw with members of the same sex
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Voter rights
Subtopic of primary thematic area:
Equality of suffrage
Recommendation:
To ensure observance of the voting rights of people being held in pre-trial detention centers, but who have the right to vote in local elections
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
Amend the Electoral Code to provide procedures for the implementation of anti-pandemic measures during the organization and conducting of elections, as well as to regulate the powers of the CEC to implement measures to combat the spread of infectious diseases
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
Strike from the Law “On the Central Election Commission” the provision on the early termination of the total membership of the Commission, which may allow political interference in the activities of the highest election administration body and violate the law on the seven-year term of its members
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Impartiality and independence
Recommendation:
Given the apparent use of political pressure on the CEC during the 2020 local elections ,formulate and implement additional guarantees of independence of the members of the Commission, in particular by increasing the transparency of interaction between the CEC and other state authorities
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Government, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Party functioning and internal party democracy
Subtopic of primary thematic area:
Composition of candidate lists
Recommendation:
Ensure the openness of conferences / meetings of local party chapters by giving official observers the right to attend, without permission or invitation from the organizers (with a limited number of attendees from each observation organization)
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Parliament, Political parties
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Women
Subtopic of primary thematic area:
Special measures to enhance participation / representation
Recommendation:
Amend the Electoral Code to strengthen the enforcement of the gender quota on electoral lists, which would prevent its violation by TEC decisions and disparate court rulings. This will require changes to the Code on procedures for candidate registration and the procedure for replacing candidates who withdraw
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Women
Subtopic of primary thematic area:
Legal regulation
Recommendation:
Create new legislative incentives to increase the motivation of political parties to independently and fully adhere to the gender quota in electoral lists, in particular through additional government funding for parliamentary parties which comply fully with gender balance standards in national and local elections
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Denial of registration
Recommendation:
Strengthen the legal certainty of actions of TECs and electoral subjects in case of inaccuracies and errors in the documents of candidates and electoral lists, which should prevent both the inconsistent application of legislation and cases in which electoral risks are revised without holding party chapter conferences
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Denial of registration
Recommendation:
Synchronize the deadlines for revoking registration of candidates by TEC decision with the deadlines for appeals and decisions by courts, the final decisions of election commissions to implement court decisions, and the deadlines for printing and transmitting ballots to PECs
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
Adopt legislation to establish and operate a single database of registered candidates, through which the CEC and TECs would be able to fully monitor candidates’ compliance with restrictions on simultaneous candidacies
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
Clearly regulate the right of political parties to post security deposits for their local organizations (or explicitly prohibit this practice), as well as clarify depositing procedures for other individuals or legal entities on behalf of candidates
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Subtopic of secondary thematic area:
Ballot content
Recommendation:
In order to counteract the use of clone candidates, which violate the voting citizens’ voting rights and mislead them, amend the law to provide for the inclusion of information about changes in the name and other personal information of candidates in the texts of ballots and on information posters. At the same time, this measure needs to be combined with the effective application of Criminal Code articles concerning bribery of candidates by other subjects of the election process
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
In order to professionalize the activities of TECs and PECs, consider appointing individual members only if there are documents confirming their participation in CEC-organized training, and set limits on the replacement of election commissions in the final days before election day and on election day
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Introduce a ban on the inclusion on election commissions of commission members that have had their powers terminated for violating electoral law during the same election. The only exception from this rule should concern cases in which commissioners submit opinions dissenting from such disqualification decisions
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
In order to prevent the practice of indicating the wrong dates and times of compilation in PEC vote count protocols, ensure that all PEC members are compensated for two working days, and provide additional payment to commission members responsible for transporting election documents for each day prior to the day of submission of election documentation to DECs and TECs
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Clarify the provisions of the Electoral Code regarding the procedures for nominating candidates to PECs. The current version of the Electoral Code does not clearly define the level of local party chapters which have the right to submit nominations to ; neither does it regulate features of this process in the City of Kyiv
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Amend the Electoral Code to define the requirements for TEC logistics in the inter-election period, which would ensure their proper functioning and funding during their entire period of operations. At the moment, this issue is regulated only by bylaws of the CEC
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Use the Electoral Code to regulate compensation for TEC members and employees involved in the period between the formation of electoral commissions and the official start of the election process
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Ballot content
Recommendation:
Strengthen the efficiency of TEC mandates in the production of ballots by setting requirements in the Electoral Code for the activities of the control commission on the production of ballots (control criteria, the scope of the obligation to check the text)
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Provide opportunities for NGOs to observe all stages of local elections, including the formation of TECs and constituencies, with the right to register parallel to the first sessions of such commissions. These legislative changes should prevent the situation experienced in the 2020 local elections whereby TECs and constituencies were formed before the election process, and NGOs were allowed to obtain permission to observe the CEC only after the election process began
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Provide for the right of official observers from non-governmental organizations to attend meetings / conferences to nominate candidates without permission or invitation, which will increase the transparency and openness of the activities of political parties and their local organizations during elections
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
Eliminate the need for a non-governmental organization to submit a notarized copy of their charter to obtain permission from the CEC to observe the election, which is an excessive bureaucratic obstacle to the activities of non-party observers
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Results protocols
Recommendation:
Simplify the process of vote counting and establishing results through partial automation, with the help of the creation and legislative consolidation of a Local Elections information analysis system, which would allow for the checking and clarification of vote count protocols
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Election day
Subtopic of primary thematic area:
Results protocols
Recommendation:
Strengthen mechanisms for verifying the correct distribution of seats based on the results of local elections conducted under the proportional electoral system. In particular, it is necessary to provide for automated verification of the distribution of seats and thus prevent the erroneous recognition of elected persons who were not entitled to mandates
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Investigation and prosecution
Recommendation:
Conduct and publish a comprehensive analysis of the results of the investigation of election-related crimes in local elections, as well as of the advantages and disadvantages of the amended Criminal Code and Code of Administrative Offenses
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Local / Regional / Municipal
Recommending Organization: Civil Network OPORA Primary Thematic Area: Electoral security and law enforcement
Recommendation:
Continue and strengthen the preliminary training of the National Police on the application of election legislation
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
The Electoral Code should provide for the guarantees of representation in election commissions of members of political parties and ensure a pluralistic composition of the commissions. It is necessary to ensure that the political parties participating in the elections, including parliamentary elections, enjoyed the right to delegate one representative to each territorial, district and precinct election commission. Only in case a political party has not used this right, the local administrative and executive bodies will have the right to fill the vacant seats in the election commissions.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
It is necessary to define in law the criteria for persons nominated to the election commissions (nomination by a political party, education, other professional knowledge), that would reduce the possibility of their arbitrary appointment and could be assessed by the court in the consideration of complaints.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
It is necessary to exclude the possibility of using administrative resources in collecting signatures, in particular, by prohibiting the collection of signatures on the territories of enterprises and institutions (including education and health care facilities) in order to prevent the possibility of their use as an administrative resource in the interests of the pro-government candidates
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Subtopic of secondary thematic area:
Access of Observers
Recommendation:
It is necessary to provide for the right of observers to be present during the verification of signatures submitted for the nomination of candidates
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Centralized voter register
Subtopic of secondary thematic area:
Access of Observers
Recommendation:
For the sake of greater transparency and accountability of the voter registration process, it is necessary to create a nation-wide voter list. Citizens and observers (including proxies, media representatives and international observers) should be given full access to the lists
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Public confidence
Recommendation:
Every citizen should have the right to access the voter lists before the start of voting. In addition, observers should be able to inspect these lists during the voting. The number of voters registered at the polling station should be announced by the election commissions both before voting and after its completion.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Subtopic of secondary thematic area:
Campaign materials
Recommendation:
The Electoral Code allows the CEC to independently administer the state budget funds for the production of information leaflets with the general information about the candidates, instead of financing their expenses of printed campaign materials. This has led to the low activity of most 34 candidates in the production of campaign materials. Therefore, it is necessary to formalize in legislation the public funding of candidates’ costs related to the manufacture of printed campaign advertising. It is necessary to provide for the possibility of opening special funds from the date of registration of nominations groups to cover the costs of collecting signatures in support of nomination, by analogy to the presidential election.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
The legislation provides for the duration of the election campaign period of no more than 1 month. Such a short period limits both candidates in their opportunities to campaign and citizens in obtaining full information about the candidates and their electoral platforms. It is proposed to extend the campaign period by at least one month
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
It is necessary to exempt the entities contracted to place political advertising from any liability for the content of advertisements provided by candidates or political parties
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Recommendation:
The Electoral Code provides for a limited list of grounds for appeal to the courts. It is necessary to allow the judicial review of any decisions taken by election commissions and other state bodies in matters relating to the elections. First of all, it is necessary to allow the judicial review of the DEC resolutions which approve election results
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Early or Advance Voting
Recommendation:
Early voting in its current form allows the authorities to engage in various manipulations during the vote count. In this connection, it is proposed to consider the complete abolition of early voting
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Early or Advance Voting
Recommendation:
If early voting is not canceled, it is proposed to introduce criteria that give voters the right to vote early. Such criteria should be grounds which clearly certify the impossibility for the voter to vote on Election Day, for example, departure abroad or other documented evidence
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Early or Advance Voting
Recommendation:
It is also necessary to detail in legislation the procedures for the storage of ballot boxes, ballots and voter lists during early voting, as well as sealing of premises where the ballot boxes are stored.It is necessary to prohibit the stay of unauthorized persons, including police officers, in the voting premises and rooms in which the ballot boxes, ballot papers and other election materials are stored
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Legal Basis to Observe
Recommendation:
It is necessary to provide for the right of observers to stay on the voting premises outside the working hours of election commissions (lunch break, period after the end of voting) in cases when members of the election commissions choose to stay in those premises.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election materials
Recommendation:
It is necessary to provide all the PECs with translucent and one-piece ballot boxes sealed with plastic strips (with the individual polling station number) and to organize an online video surveillance throughout the period of early voting
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Government, Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election materials
Recommendation:
All the PECs should be equipped with individual numbered stamps, and the integrity of ballot papers should be secured by corresponding marks.
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Government
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Mobile Voting
Recommendation:
It is necessary to establish that the right to mobile (home) voting can only be claimed by voters with significant health conditions (documented by medical institutions), which prevent them from arriving at the polling station. The Electoral Code should be amended with a provision that the right to this type of voting only arises after the submission to the PEC before Election Day of a written statement about the impossibility of voting at the polling station.
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
The existing procedure for the counting of votes is extremely opaque. One of the main reasons for this is lack of detailed procedures for the counting of votes in the Electoral Code. In this connection, it is necessary to legislate the following principles of vote count: counting of the votes is carried out publicly in the presence of observers who can monitor the correctness of the will of the voters in each ballot (i.e., see the contents of each ballot); vote count is conducted by one of the commission members, who should announce and display each ballot to all the commission members and the observers; vote count is conducted separately for each ballot box, and the results of such a separate vote count are reflected in the final protocol separately for each ballot box. A copy of the final protocol, certified by the chairperson and secretary of the commission and by the commission’s stamp, should be issued at the request of the observer.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Results protocols
Recommendation:
It is also proposed to legislate the right of observers and candidates’ proxies registered with the TECs to directly attend and observe the procedures for the transfer of ballot papers and protocols with voting results from polling stations to the TECs. Possibility should be provided to publish information on the CEC website on the results of voting in all electoral districts with separate results for each polling station
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
To enhance the credibility of the elections in Belarus, the rights of observers should be expanded in legislation. Observers should be able to freely access materials of the commissions related to their composition, nomination of their members, voter lists, storage of ballots and ballot boxes during early voting, as well as the use of video and photo recording devices.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
The Electoral Code must be supplied with the provision that would ensure the presence of representatives of political parties in election commissions, as well as a pluralistic composition of commissions. It is necessary to ensure the right of the political parties that take part in the electoral campaign, including the presidential electoral campaign, to delegate one representative to each territorial, constituency and polling station electoral commission. The local executive bodies need to be entitled to form the commissions of other nominees for the seats in the election commission only in case none of the political parties use this right. By analogy, the primary right to nominate their representatives to election commissions must belong to candidates for president. Moreover, the criteria for the choice of members to election commissions need to be legally defined (nomination by political parties, education, other professional experience) with the aim to decrease the opportunities for an arbitrary approach in the formation of the commissions and provide the opportunities for court review during the consideration of relevant complaints.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
It is necessary to exclude the possibility of using administrative resources in collecting signatures for the nomination of presidential candidates, and, in particular, prohibit the collection of signatures by the persons who are not members of the initiative groups of the respective nominees. In addition, it is necessary to provide for the right of observers to be present at the verification of signatures for the nomination of candidates
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Legal regulation
Recommendation:
To increase the transparency and accountability of the voter registration process, it is necessary to create the national voter list. Citizens and observers (including, proxies of the candidates, representatives of mass media and international observers) should be given full access to the list. Every citizen shall have the right to examine the list of voters before voting. In addition, observers should be able to familiarize themselves with the voter list during the voting. The number of voters registered at the polling station should be declared by the election commission ahead of the vote, and then – after its completion
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Subtopic of secondary thematic area:
Campaign materials
Recommendation:
Provisions of the EC allows the CEC to independently use the means of the state budget for the production of informational leaflets with the general information about the candidates instead of financing their expenditures for printed campaigning materials. This results in the inactivity of the majority of the candidates in the production of campaigning materials. That's why it is necessary to return to the legislation the provision about the state financing of the expenditures of the candidates on production of the printed materials related to their electoral campaigns
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
The legislation provides for the duration of the period of pre-election campaign for no longer than one month. This period restricts the possibilities for the campaigning, as well as the receipt of full information about the candidates and their electoral programs. It is proposed to extend the period of campaigning for at least up to two months
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
It is necessary to ensure that the subjects who post political adverts bear no responsibility for the content of the campaigning materials provided by the candidates or political parties
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Right to logde complaints / appeals
Recommendation:
EC provides a limited number of reasons for appeals to courts. It is necessary to provide for the possibility of court review of any decisions of election commissions and other state bodies on the issues that are related to the elections. First of all, it is necessary to provide for the possibility of judicial review of the ruling of the CEC that announces the election results
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Early or Advance Voting
Recommendation:
The procedure for early voting in its current form allows the authorities to carry out all sorts of manipulations at any scale. Therefore, it is proposed to consider the possibility of full abolishment of early voting. In case it is not abolished, the following changes are proposed: to introduce the criteria that give an elector the right to vote early. Such criteria must be the reasons that clearly show the impossibility for the voter to vote on election day, for example, the departure abroad and other documented evidence.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election materials
Subtopic of secondary thematic area:
Unauthorized persons / interference
Recommendation:
The procedure of storage of the ballot boxes during the early voting, including the sealing of the ballot boxes need to be precisely delineated in the legislation. It is necessary to prohibit the stay of unauthorized persons, including police officers, in the voting rooms and the places where the ballot boxes, ballots and other materials related to the elections are stored
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
It is also necessary to provide for the right of observers to stay in the voting rooms during the hours when the PECs stop their work (during the dinner breaks and overnight, after the end of the hours of early voting) in the cases when members of election commissions stay there
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election materials
Recommendation:
All PECs need to be supplied with transparent ballot boxes with plastic plumbs for sealing (with the individual number of each polling station)
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Mobile Voting
Recommendation:
It is necessary to enshrine in the legislation that an elector is entitled to vote at home only in case of a significant health damage, confirmed by documents of a medical institution, which prevents him from coming to the polling station. It needs to be enshrined in the EC that the voter obtains such a right only in case of passing to the respective PEC his written statement about the impossibility to vote at the polling station, and attaching a relevant document of a medical institution to prove this statement.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
The existing procedure of counting of votes is not transparent. One of the main reasons is the absence of a detailed description of all counting procedures in the EC. Therefore, the following procedures of vote counting need to be enshrined in the legislation: counting of votes must to be carried out publicly in the presence of observers who can monitor the accuracy of the counting of voters' will in every bulletin (i.e., to see the contents of each ballot); counting of votes must be conducted by one of the commission members, who announces the vote in the ballot box and shows the ballot to all members of the commission and observers; counting of votes must be conducted separately for each ballot box and results of such separate counting must be reflected in the final protocol. A copy of the final protocol, signed by the chairman and secretary of the commission and certified by its seal must be issued to an observer on his request.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
It is proposed to provide the observers who are accredited at TECs, as well as proxies of the candidates, with the right to directly attend and observe the procedures of passing the ballots and protocols with the results of voting from polling stations to territorial commissions
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
The rights of observers need to be expanded by the legislation in order to increase the credibility of the elections in Belarus. Observers should be able to freely study the materials of a Commission related to its composition, ways of nomination of its members, lists of voters, storage of the ballot boxes and ballots during the early voting
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Recommendation:
Election commissions should carry out a proper investigation of all complaints and violations that took place, and communicate to public its relevant decisions to hold liable all responsible persons who interfered in the election process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Fundamental rights and freedoms
Recommendation:
In order to address crisis of political freedoms in the country, the government should put forth genuine efforts to establish political trust between public and state
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Fundamental rights and freedoms
Subtopic of primary thematic area:
Freedom of association
Recommendation:
State bodies should demonstrate respect to and should promote human rights guaranteeing right to freedom of peaceful assembly, freedom of expression and freedom of association
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Electoral System
Subtopic of primary thematic area:
Type of electoral system
Recommendation:
The government should demonstrate political will to improve the Election Code on the basis of recommendations of domestic organizations and the Venice Commission of the Council of Europe
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Election commissions should display efforts to ensure transparency of electoral processes in the future and necessary conditions for all citizens to observe elections should be established
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Fundamental rights and freedoms
Subtopic of primary thematic area:
Freedom of association
Recommendation:
Release all political prisoners (recognized as such by domestic and international human rights organizations) immediately and without conditions
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Fundamental rights and freedoms
Subtopic of primary thematic area:
Freedom of association
Recommendation:
End prosecution, intimidation and harassment of civil society, journalists, political and social activists
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Fundamental rights and freedoms
Subtopic of primary thematic area:
Freedom of association
Recommendation:
Implement commitments that it undertook before the Council of Europe and other international institutions ensuring right to the freedom of expression, assembly and association
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Electoral System
Recommendation:
Introduce amendments to the election law based on recommendations of domestic and international organizations, including the OSCE/ODIHR and the Council of Europe
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government, Parliament
Implementation Status:
Not implemented
Repeated implementation:
1381269600
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Fundamental rights and freedoms
Subtopic of primary thematic area:
Freedom of association
Recommendation:
Revoke the recently introduced restrictive amendments to the laws regulating the work of NGOs and eliminate the obstacles to their work
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Fundamental rights and freedoms
Subtopic of primary thematic area:
Freedom of association
Recommendation:
Create necessary conditions for domestic election observers to monitor the elections and release chairperson and executive director of EMDS Anar Mammadli and Bashir Suleymanli
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Observation
Subtopic of primary thematic area:
International Observation
Recommendation:
Create conditions for international organizations to freely operate in the country
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Denial of registration
Recommendation:
Preventing any illegal interference with the registration of independent and opposition candidates, and demonstrating a political will to form a competitive election environment
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Freedom of campaign
Recommendation:
Lifting restrictions on freedom of assembly and providing necessary conditions for candidates to meet with their voters and to hold assemblies
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Government, Local authorities
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Fundamental rights and freedoms
Subtopic of primary thematic area:
Freedom of association
Recommendation:
Eliminating obstacles to free operation of political parties and CSOs, ending harassment of activists and releasing political prisoners
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Government, Parliament
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Media
Subtopic of primary thematic area:
Balanced Coverage
Recommendation:
Removing the ban on opposition views on national TVs, creating opportunities for everyone to express their views on TV, and preventing TVs from becoming a propaganda tool for the ruling party
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government, Media
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
Executing judgments of the ECtHR on election rights and implementing the decisions of the CM regarding these judgments in order to prevent future violations
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Government, Parliament
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Undue conduct, interference, obstruction, inaction
Recommendation:
Preventing any undue political interference with the courts examining election complaints and ensuring their fair investigation
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Courts, Government, Local authorities
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Electoral security
Recommendation:
Referring to the judgments of ECtHR and international election standards while reviewing election complaints at courts
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Courts
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Recommendation:
Election commissions should act accountability and in line with the requirements of the law in identifying and holding people responsible for election violations liable
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Electoral System
Subtopic of primary thematic area:
Type of electoral system
Recommendation:
The authorities should improve the Election Code based on the recommendations of credible domestic and international election observation organizations, as well as the Venice Commission of the Council of Europe, and should demonstrate a political will to expand the authorities of municipalities in line with the requirements of the European Charter of Local Self-Government
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Local / Regional / Municipal
Recommending Organization: Election Monitoring and Democracy Studies Center (EMDS) Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Elections commissions should put forward adequate efforts to ensure the openness of the electoral process and to provide conditions for all citizens to observe elections free of any pressure
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Not implemented
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Review the procedure of formation of regional commissions, taking into account the reduced quantity of elections due to consolidation of communities, hence the reduced workload of the commission; appropriateness of office and human resources costs due to the permanent status; the risks of potential conflicts of interest due to combining public service management positions; professionalism and other factors, aiming to promote better quality, impartial and responsible activities of the commissions, increase public confidence, as well as cost-effectiveness
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Include the operators working in the Regional Electoral Commissions in the staff of the Regional Electoral Commissions or otherwise guarantee the independent activities of such commissions
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Improve the technical and other conditions in the premises of the Regional Electoral Commissions, to guarantee their effective work
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Government, Local authorities
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
Provide both the CEC and the Regional Electoral Commissions with the tools to exercise more proactive oversight of the campaign (for example, commissions monitoring media coverage, overseeing the rules of dissemination of campaign materials in the communities through regular visits, etc.) to prevent and eliminate electoral irregularities
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Review the formation of Precinct Commissions by reducing them as per the party principle and increasing the proportion of appointments by the Regional Commission, in order to create guarantees for better quality, impartial and responsible work of the commission members by improving the recruitment, selection and training processes and the methodology, to attract knowledgeable and professional staff
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
Limit the possibility of being appointed a member of a Precinct Electoral Commission for the members of the Council of Elders, as well as for those whose workplace is located in the given precinct centre
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
The list of requirements for registration of political parties (party alliances) with the CEC should include the presentation of their election programs, the financial statements of the parties for the last three years, the declarations of the parties, the property and income declarations of the candidates, as well as the requirement that during the 12-month period prior to the election day (except for newly formed parties). they have a turnover of no less than a certain threshold [for example, AMD 1,800,000, at AMD 500 per month per member (a minimum of AMD 300)]
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Electoral System
Subtopic of primary thematic area:
Threshold
Recommendation:
Lower the threshold for political parties by a maximum of 2-3% (lower the threshold for state funding respectively) to reduce the risks of wasted votes, to ensure greater parliamentary representation, and to promote pluralism
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Verification and updating of voters lists
Recommendation:
Finally verify and ascertain the addresses of the voters, inter alia, separating more than one households registered at the same address
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Voter identification and documents
Recommendation:
Integrate voter registration equipment into a common online system using additional security measures, ensuring that voter data is automatically matched, and excluding multiple voting not just in one, but in all polling stations
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Government
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
Within the scope of the CECʼs powers, provide for a toolkit to study the actual activities of the organisations applying for accreditation. This particularly refers to websites, social network pages and public activities. Additionally, if necessary, formal inquiries can be sent, to disclose the circumstance of supporting any political force or candidate running in the election
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
Include among the grounds for rejecting the accreditation of organisations the circumstance of supporting any political force or candidate running in the election
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
Restrict acting as an observer or media representative for judges, prosecutors, the staff of investigative agencies, the Police, the National Security Service, the Judicial Acts Compulsory Enforcement Service, the Penitentiary Service, the Probation Service, the Rescue Service, servicemen, the candidates running in the election and the members of electoral commissions
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
Provide for mechanisms for reviewing and repealing, after accreditation, the accreditation of non-governmental organisations that engage in campaigning and the certificates of their observers
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
International Observation
Recommendation:
Clarify the procedure and grounds for the CEC to consider and make a decision on applications by international organisations and foreign NGOs on conducting an observation mission (in the absence of an invitation)
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
Expand the scope of observer organisations to include human rights and democracy foundations
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
Define the term “pre-election campaign” to cover the whole set of activities carried out by political parties (party alliances), individual candidates included in their lists, by other persons and organisations in favour of political parties and party alliances, including campaign preparation and maintenance work (e.g. activities of campaign offices, development of materials, research, etc.)
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
Review the scope of the places designated for printed and other campaign materials, excluding the possibility for posting them on places of limited visibility/accessibility (e.g. building entrances, lifts) and increasing their distribution at other more accessible places (for example, precinct centres, additional designated places in public areas, perhaps one spot/billboard per 500 voters)
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
Include the cost of outdoor billboards used by the participating political parties (party alliances, their members) or their candidates from the date of appointment of the election until the official start of the election campaign
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
The CEC to extend the procedure of distribution of outdoor billboards with an area exceeding 5 square metres to posters/billboards with an area of 1 to 5 square metres, organising the distribution electronically. This will ensure an even distribution and will eliminate as much as possible the accumulation of billboards of the political forces running in the elections in some streets, districts or other places
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
Establish liability for posting campaign posters, campaign printed and other materials in violation of the Electoral Code, as well as provide for tight time frames and effective procedures for removing the posters (billboards, printed and other materials) that were posted in violation of the law, and were left after the end of the pre-election campaign
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Misuse of administrative resources
Recommendation:
Prohibit campaigning by condominium managers while performing their duties or when appearing by virtue of office
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities, Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Misuse of administrative resources
Recommendation:
Establish a clear prohibition on combining the election campaign with official business trips by officials, as well as campaigning in the province or community after the end of the business trip
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Misuse of administrative resources
Recommendation:
Establish a prohibition on providing or increasing the size of means of social security not planned in the national or community budgets, including state pensions, benefits, financial aid, at least from the moment of adopting a decision on calling parliamentary elections, except for unforeseen urgent measures
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Government, Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Misuse of administrative resources
Recommendation:
Include materials / a components in public servantsʼ training programs on raising awareness on administrative resources and the risk of their misuse
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Authorities (general, broad), Local authorities
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Review the periodicity and format of accountability of political parties, providing for quarterly accountability, to ensure the transparency of the complete information on party finances, in the event the elections were held at any time of the year
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign spending limits
Recommendation:
Establish a requirement to cover all costs related to the preparation, organisation and implementation of the election campaign (including remuneration for works and services provided, reimbursement for volunteer work, transportation costs and utility payments) at the expense of pre-election funds, and reflect them in the reports of political parties (party alliances), specifying a maximum limit of all expenses to be made from the pre-election fund
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Third party campaign financing
Recommendation:
Define the term “third parties involved in the election campaign”, to include the organisations (NGOs, foundations, etc.) whose names fully or partially coincide with the names of the political parties, or whose board members ‒ all or part of them ‒ are members of the permanent governing bodies of the political parties. Include also the legal entities that during their activities, directly or indirectly, caary out pre-election campaign during the period established for the pre-election campaign, as well as restrict (for example, up to a maximum of AMD 2,000,000) and make accountable (for example, setting a requirement for declaring any expense exceeding AMD 500,000) their expenses and sources
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants, Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Third party campaign financing
Recommendation:
Establish a prohibition for third parties as well on receiving or using donations from foreign states, international organisations and foreign legal or natural persons for the purpose of engaging in pre-election campaigning
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance oversight body
Recommendation:
Expand the scope of powers of the institution performing a control-and-audit function by establishing an effective toolkit for verifying the reliability of the fundʼs sources of income and obtaining information on the actual expenditures and goods and services acquired free of charge, including requesting and receiving information and documents from various public agencies and local self-government bodies, legal entities and individuals (including banks, suppliers of goods, service providers or contractors) on the contributions (including information on goods acquired, work performed and services provided gratuitously) and their use which are necessary for verifying the declarations. These may include information constituting banking secrecy, as well as obtaining information through other means, such as site visits, monitoring and inspections, on the actual expenses made and goods and services acquired gratuitously by the political parties and candidates
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance oversight body
Recommendation:
Establish clear requirements for the content of the conclusion on the results of verifying the declarations on the use of the pre-election funds of political parties (party alliances) published by the supervisory body, including the verification methodology, the specific measures taken during the verification, the actions aimed at revealing the actual expenditures, the issues identified about the parties, their analysis and legislative recommendations as necessary Establish clear requirements for the content of the conclusion on the results of verifying the declarations on the use of the pre-election funds of political parties (party alliances) published by the supervisory body, including the verification methodology, the specific measures taken during the verification, the actions aimed at revealing the actual expenditures, the issues identified about the parties, their analysis and legislative recommendations as necessary
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Persons with disabilities
Subtopic of primary thematic area:
Access to polling stations
Recommendation:
Take active steps to ensure access to all polling stations for voters with mobility (motorcoordination) difficulties
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Local authorities
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
Review the regulations under the RA Electoral Code restricting the rights of observers and media representatives, including the discriminatory provisions related to the restriction of their number, as well as the requirement for one-year of media activities
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Recommendation:
Provide a mechanism in the processes of summarising the election results and in the appeal process,in order to obtain the law enforcement bodies, as necessary, copies of the necessary documents from the materials of the criminal proceedings on the violations in the polling stations related to the preparation for the voting, the electoral procedure and the summarisation of the voting results, and/or the necessary information
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Courts, Election Management Body, Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Recommendation:
Provide for a mechanism in the process of summarising the voting results by the CEC, in order to obtain from the law enforcement bodies copies of the necessary documents from the materials of the criminal proceedings on the violations related to the pre-election campaign and its financing, and/or the necessary information
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Courts, Election Management Body, Ministry of Interior
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Recommendation:
Both for the CEC and the Regional Electoral Commissions, establish by law the possibility of accepting complaints online, with an electronic signature (including by e-mail)
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Right to logde complaints / appeals
Recommendation:
Recognise by law the legal capacity of observer organisations in proceedings of violations of the subjective rights of observers and the violations of objective voting right in the electoral processes
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Right to logde complaints / appeals
Recommendation:
Establish a right for the observers, observer organisations and citizens to dispute the voting results at the polling stations
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Recommendation:
Eliminate the requirement to pay a state duty for lawsuits related to all electoral processes for organisations exercising public control over electoral processes
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Make the work of the Regional Electoral Commissions more transparent by posting the schedule and agendas of their sittings in the relevant section of the CECʼs website in advance, and, after the sittings, the minutes, videos and decisions, similar to the format created for the CEC sittings
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Make the posting of the pre-election programs of the political parties (party alliances) running in the elections mandatory on the CEC website mandatory, together with their lists financial statements/declarations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election contestants, Election Management Body, Political parties
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Extend the open data format on the CEC website to a wider range of information, including the schedule, number of voters, turnout, results by province, financial declarations, etc
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Technologies
Subtopic of primary thematic area:
Transparency and accountability
Recommendation:
Replace the videotaping devices with video recorders and provide the “reverse” feature of the broadcast videos and the possibility to download them
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Government
Election Type:
Parliamentary
Recommending Organization: Coalition of organizations Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
Set a requirement for law enforcement agencies to establish the fact and scope of electoral crimes within the shortest time periods possible, as well as state the duty of the Prosecutorʼs Office to provide, as necessary, copies of the necessary documents from the materials of the criminal proceedings on electoral crimes to competent authorities (including electoral commissions and courts of law)
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Electoral System
Subtopic of primary thematic area:
Type of electoral system
Recommendation:
It is necessary to review the electoral legislation, taking into account earlier recommendations of the OSCE/ODIHR and the Venice Commission, including regarding the composition and procedure for the formation of election commissions, the rights of candidates, the rights of observers and the proper organization of voting, counting of votes and tabulation. Legislation should be interpreted and applied in such a way as to ensure a level playing field for candidates, genuine competition, free expression of the will of voters and fairness in the electoral process
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Fundamental rights and freedoms
Subtopic of primary thematic area:
Freedom of association
Recommendation:
The legislation governing freedom of association, assembly and expression needs to be reformed to bring it in line with international human rights standards. Any restrictions on fundamental rights and freedoms must be exceptional and enforced only when necessary in a democratic society and proportionate to the legitimate goals provided by law
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
It is necessary to lift the unjustified prohibition on the participation in the elections of certain categories of individuals, including persons held in prisons under a court sentence, who are currently ineligible to run or vote. We recommend retaining restrictions on participation in elections only for persons convicted of grave crimes against the state, peace and humanity. Persons held in pre-trial detention are also ineligible to vote. This provision directly violates the presumption of innocence and should be repealed
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Centralized voter register
Recommendation:
We recommend creating a State Register of Voters to ensure the government-run registration of individuals who have the right to participate in elections, with the public control by the subjects of the electoral process. The Electoral Code should be amended, and a legislative act is required
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
It is necessary to amend the procedure for appointing CEC members, aimed at ensuring guarantees of its independence and impartiality, which will help to increase public confidence in the electoral process
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
It is necessary to legislate the right of each nomination group registered by the Central Election Commission to delegate one of its representatives with a right to vote to election commissions of every tier (except for the Central Election Commission)
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Composition and appointment
Recommendation:
The priority of political parties to send their representatives to election commissions should be legislated, while providing that if a political party does not exercise its right to send representatives to election commissions, vacancies in the commissions shall be filled from among the representatives nominated by individuals and public associations. The participation of labor collectives in the formation of election commissions should be excluded. This procedure for the formation of election commissions will increase the role of political parties as the main participants in the electoral process, create a higher level of confidence in election commissions, and also make the work of such commissions transparent for the entire Belarusian society. In addition, this provision will create confidence in the voting results approved by representative commissions. Securing the right of individuals and public associations to nominate their representatives to the commissions in case political parties failed to nominate a sufficient number of their representatives will ensure the necessary staffing of the election commissions.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
It is necessary to review current restrictions on the right to be nominated for presidency and for parliament for individuals with a criminal record. Such restrictions must be commensurate with the crime committed and only apply in connection with serious and well-defined crimes
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
De-registration
Recommendation:
It is important that electoral legislation did not provide overly broad grounds for candidate deregistration and excluded the possibility of short-notice de-registration of candidates, especially for minor technical reasons. Above all, any arbitrary or politically motivated deregistration of candidates should be ruled out
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
It is necessary to reduce the minimum number of support signatures required for the nomination of a presidential candidate
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Political parties
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
The rules for collecting signatures should exclude the possibility of using administrative resources, employment dependency or other illegal advantages, in particular, the collection of signatures by managers among subordinates. Each case of abuse should be treated as grounds for refusing candidate registration
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
We recommend changing the system for checking signature sheets, taking as a basis the norm that the collection of the established number of support signatures should be confirmed either by a random check, or by a complete verification of every collected signature, in case the results of a random check find an excess of invalid signatures. This will allow to avoid situations when, with a high absolute number of signatures submitted for the nomination of a candidate, the commissions refuse to register the candidate, referring to a high percentage of invalid signatures
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Misuse of administrative resources
Recommendation:
Uniform campaigning rules for all candidates should be established. Representatives of the current government should not abuse their official position and use state resources, including material and human resources, to promote their candidate
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
Unreasonable prohibitions and restrictions on campaigning should be eliminated by extending the uniform campaigning rules for the period of collecting signatures for the nomination of candidates
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Media
Subtopic of primary thematic area:
Balanced Coverage
Recommendation:
All artificial restrictions on the use of airtime by candidates, as provided by the law on television, including the ability to use this time in parts, for displaying political advertisements, on other means of campaigning that do not contradict the law, should be excluded
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Media, Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Media
Subtopic of primary thematic area:
Impartiality and Independence
Recommendation:
During election campaign, the media should not demonstrate bias towards the incumbents who run as candidates
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Media
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Media
Subtopic of primary thematic area:
Pressure and Intimidation on Journalists
Recommendation:
It is also necessary to stop any intimidation, threats and pressure on the media and journalists by government officials. The state must recognize the high role of independent journalism in a democratic society and take all measures to protect the media and journalists from attacks in connection with their professional activities
Action required:
Legal change, Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Authorities (general, broad), Election Management Body, Government, Media, Media Regulatory and Oversight Body, Ministry of Interior
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Early or Advance Voting
Recommendation:
It should be legally stipulated that individuals who cannot be present at a polling station on Election Day could vote early upon presentation of documents confirming the fact that they cannot vote on the main voting day. Such documents may be business trip permits, travel tickets for intercity (international) transport, medical referrals to treatment or rehabilitation outside the constituency, other documents provided for by law or by resolutions of the Central Election Commission. This provision will reinstate the true meaning of early voting as an exceptional form of voting It should be legally stipulated that individuals who cannot be present at a polling station on Election Day could vote early upon presentation of documents confirming the fact that they cannot vote on the main voting day. Such documents may be business trip permits, travel tickets for intercity (international) transport, medical referrals to treatment or rehabilitation outside the constituency, other documents provided for by law or by resolutions of the Central Election Commission. This provision will reinstate the true meaning of early voting as an exceptional form of voting
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Early or Advance Voting
Recommendation:
It is also necessary to take additional measures to ensure the safety of ballot boxes and ballots during early voting
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
We suggest legislating the following principles of the vote count procedure: the vote count should be held in a transparent manner, whereby all observers would be able to verify the outcome of the process (i.e. see the content of each ballot); the vote count should be conducted by one member of the election commission, who should voice the voter’s choice and display each ballot to the observers present; the vote count should be conducted separately for each ballot box, while the results of the separate vote count should be entered into final protocols; a copy of the final protocol, certified and sealed by the chairperson and secretary of the precinct election commission, should be issued to any observer at their request
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Election procedures (opening, voting, counting, tabulation)
Recommendation:
The introduction of genuine transparent vote counting will restore confidence in the election results, and, along with the implementation of other recommendations, will create conditions for the recognition of the election results both by the international community and by a significant part of society in the country. This will restore confidence in the head of state and the representative authorities of Belarus
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Repeated implementation:
1444514400
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Results protocols
Recommendation:
It is necessary to legislate the right of observers and proxies of candidates to directly attend and observe the procedure for transferring ballots and protocols with voting results from polling stations to the territorial election commission
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Election day
Subtopic of primary thematic area:
Publication of preliminary and final results
Recommendation:
In order to strengthen confidence in the election results, we propose to introduce into the electoral legislation a norm obliging local executive authorities to post on their websites (in special sections) and in print media, of which they are founders, information on the voting results in the corresponding administrative-territorial unit (constituency, district, district in the city, region) with a breakdown into polling stations. Information on voting results broken down by polling stations across the country should also be posted on the website of the Central Election Commission
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Media, Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Right to logde complaints / appeals
Recommendation:
It is necessary to legislate the right to judicial appeal against any decisions of election commissions of every tier that affect the rights of a campaign participant, especially the right to appeal against the election results to a court. The introduction of this provision will create a civilized system for considering electoral disputes, increase confidence in final court decisions and strengthen general respect for the legal institutions of the state. In order to further strengthen the principle of publicity of the electoral process, we propose to continue and improve the practice of posting on the websites of courts decisions made by all courts
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
At the same time, judicial reform should be undertaken to strengthen the independence of judges to ensure that judicial decisions are free of any influence
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Courts, Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
It is necessary to provide for the possibility to observe all aspects of the electoral process and to refrain from creating artificial obstacles to the work of observers
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Implementation Status:
Not implemented
Election Type:
Presidential
Recommending Organization: Coalition of organizations Primary Thematic Area: Observation
Subtopic of primary thematic area:
Accreditation Requirements and Practice
Recommendation:
To ensure true transparency and openness of elections, it is necessary to amend Article 13 of the Electoral Code and to provide that an observer accredited by the election commission has the right to observe all stages and aspects of the electoral process in the respective constituency, territory or polling station, all actions of the respective election commission, as well as to access all decisions made by the respective commission, while not allowing interference in the activities of the commission, violations of voting procedure and other justified generally accepted prohibitions. It is necessary to provide for the observer’s right to receive a certified copy of the protocol of vote counting results at the polling station, to take photographs and record audios and videos of the voting process at the polling station
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Implementation Status:
Not implemented
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Inclusiveness and Public Consultative Process
Recommendation:
Amend the Electoral Code in order to regulate explicitly the procedures, conditions and subjects that can promote one option or another during a local or republican referendum
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter rights
Subtopic of primary thematic area:
Restrictions on the right to vote
Recommendation:
Amend the Code so as to provide the possibility that the active duty servicemen fulfilling the interm military service in a unit located in the same locality where their domicile is and where the elections are conducted, to be admitted in the electoral process. In the same context, the express regulation of electoral rights of active duty servicemen in the local referendum is required
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter rights
Subtopic of primary thematic area:
Restrictions on the right to vote
Recommendation:
The legal and explicit regulation in the Electoral Code is required on how the citizens having valid domicile and residence visa and citizens who do not have both domicile and residence visa vote on the election day. This is extremely important not only to standardize the legal framework, but also to avoid the interpretation of rules and adoption of decisions providing temporary solution to the issue that is convenient to certain political forces
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Compliance with international standards and good practice
Recommendation:
Standardize the legal framework for the similar types of elections analyzed in this Report, such as local elections and local referendum
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Structure (clarity, comprehensiveness, codification, consistency)
Recommendation:
Amend the Instruction on the way of participation of political parties and other social-political parties in the election campaign for the republican referendum, to ensure its applicability for the local referendum as well
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Comply with the Timetable with regard to the receipt of the financial statements of election candidates and with the deadline to publish them on CEC’s official website, and the level-one Local Public Authorities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Comply with the legal provisions on making public the information on the electoral process organization
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Local authorities
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Structure (clarity, comprehensiveness, codification, consistency)
Recommendation:
Define, by means the Electoral Code norm, the main notions that can be applied to the process of organising and holding a referendum: ‘referendum participant’, ‘electioneering’, ‘campaign’, etc
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter rights
Subtopic of primary thematic area:
Equality of suffrage
Recommendation:
Clearly define in the Electoral Code the procedure of using a Voting Rights Certificate, its role in the electoral process and who can vote under this procedure
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Electoral security and law enforcement
Subtopic of primary thematic area:
Legal regulation
Recommendation:
Amend legislation in order to enhance viability of the appeal procedure and establish a secure and functional examination procedure, by minimising the risk of evasion from responsibility of the concerned authorities.The candidates and citizens should be actively informed as well, in order to avoid the cases of institutional ‘ping-pong’, which severely affects the integrity and legitimacy of electoral processes
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election day
Subtopic of primary thematic area:
Unauthorized persons / interference
Recommendation:
Amend the Code in terms of adopting sanctions for unjustified presence within the perimeter of the polling station or, on the contrary, consider allowing electioneering on the election day, except for the perimeter of the polling station
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
Approve an Guidelines on the way of participation in election campaign for the local referendum, with due regard to the suggestions about expanding the categories of participants to the elections
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
Amend the Guidelines on the way of participation of political parties and other social-political organisations in the election campaign for the republican referendum, to clarify the key terms and to expand the categories of persons having the right to participate in the respective campaign
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operational capacity (funding, staff, equipment)
Recommendation:
Amend the Guidelines on Enabling the Polling Station Infrastructure by introducing express provisions on the procedure of ballot boxes sealing and the obligatory number of applied seals
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
Circulars disseminated by the CEC during the election period must represent the acts that guide through, describe in details and explain electoral procedures, rather that substitute primary norms lacking in the Electoral Code or in the CEC Regulations
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Instructions and regulations
Recommendation:
Monitor the activity of EOPS members in terms of not allowing them to violate the legal provisions through limiting the access to the lists of voters and/or participating in collection of the requests to vote at the place of residence
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operation in compliance with legal requirements (eg working hours)
Recommendation:
Monitor the lower-level electoral bodies more efficiently, in order to make their activity accountable, in compliance with the approved work schedule
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Accuracy
Recommendation:
Update the lists of voters to solve the issues of deceased voters and address errors
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Accuracy
Recommendation:
Ensure compliance with the legislation in sending the lists of voters to EOPS
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Accuracy
Recommendation:
Submit plenary and conclusive information (in the spirit of transparency and integrity of the electoral processes) about the nature of discrepancies between the number of voters in the SRV and in the main lists of voters generated by it on the eve of elections
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Voter identification documents
Recommendation:
Apply evenly the rules on voting on the basis of the voting right certificates during the similar elections
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Legal redress by EMBs
Recommendation:
Assess the possibility of examination of complaints by CEC, even in case of certain procedural deviations in their submitting. For instance, in case of belated submission, or in case of request for examination of the acts of the lower-level electoral bodies other than judgements. The recommendation is valid for the complaints, examination on the merits of which could protect a voters’ right
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Initiate the research procedures and, if necessary, apply the sanctions provided for in the Electoral Code for the incomplete submission of information about the expenditures incurred during the Election Campaign
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
Apply the sanctions provided for in the Electoral Code for the candidates that printed electoral advertising without typographical data (Printing House, printing date, order/contract, print run)
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Publish information about the documents proving that no expenses were incurred, on the CEC official website, in corresponding sections (financial support of the election candidates/Referendum participants)
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Use of state/administrative resources
Recommendation:
Ascertain and asses, in accordance with the guidelines of the Venice Commission, any unauthorized use of administrative resources by political parties or candidates as a financial contribution for funding the election campaign and request that this would be duly reported. At the same time, the CEC should notify the appropriate authorities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election day
Subtopic of primary thematic area:
Results protocols
Recommendation:
EOPS members should standardize the practices of filling in all the sections of the minutes on the vote tabulation results (for instance, using/not using zeroes to fill in all the cells)
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
Assess the capacities and prepare in advance the procedure for coping with the new procedural challenges determined by the legislative amendments and the need to issue certificates of integrity, so as to not delay the candidates registration process
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Ministry - other
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Observe the legal provisions stipulated in the Electoral Code (Article 382(5)) on the receipt of the independent candidates’ statements on the financial management of election campaigns and clarify the mandate for receiving the independent candidates’ statements on financial management of the election campaigns
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Operation in compliance with legal requirements (eg working hours)
Recommendation:
Comply with the Timetable for performing the activities of organization and conduct of the new local elections
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Reflect expenses for trips related to election meetings, expenses related to the use of volunteers’ work and non-material donations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Referendum
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Comply with the legal provisions on making public the information on the electoral process organisation
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Local authorities
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Registration requirements
Recommendation:
Amend the electoral legislation to force all candidates (independent, appointed by parties and electoral blocs) to submit subscription lists with supporters in order to be registered as a candidate for the position of mayor, analogically with the registration procedure of the candidates for the position of President of the Republic of Moldova
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
Amend the Article 138 of the Electoral Code to review the formula for calculating the number of signatures necessary to be registered as a candidate for the position of mayor. The current formula is one that burdens the process of filling in the subscription lists for constituencies with a larger number of voters (starting with 20,000, for example). It is also extremely demanding for settlements as Chisinau and Balti municipalities
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Women
Subtopic of primary thematic area:
Special measures to enhance participation / representation
Recommendation:
Дополнить статью 138 Избирательного кодекса положениями, позволяющими женщинам-кандидатам в мэры собирать вдвое меньше подписей в свою поддержку, по аналогии с отступлением от общего правила, применяемого при проведении парламентских выборов.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter rights
Subtopic of primary thematic area:
Equality of suffrage
Recommendation:
We reiterate the need to amend the Code to provide the possibility so as the active duty servicemen fulfilling the in-term military service in a unit located in the same locality where their domicile is and where the elections are conducted, to be admitted in the electoral process
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Repeated implementation:
1511046000
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Legal regulation
Recommendation:
We reiterate the need for a strict legal regulation in the Electoral Code concerning the way in which the citizens with domicile and residence valid at the same time on the day of the election and of those without residence and residence vote. This is extremely important not only to standardise the legal framework, but also to avoid the interpretation of rules and adoption of decisions providing temporary solution to the issue that is convenient to certain political forces
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Repeated implementation:
1511046000
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Ensure the observance of existing legislation regulating the rights of observers and give up the practice of creating obstacles to the process of monitoring the elections by classifying the public information to protect the personal data
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Ensure the observance by ECC of the electoral law on the transparency of information about candidates. It is absolutely necessary to analyse the failure of ECC to observe electoral legislation on ensuring public access to the candidates’ declarations of income and assets during local elections, and the publication of the reports on financing electoral campaigns. The Association states that the Commission must come up with proposals either to amend the legislation or to develop real mechanisms in order to ensure the implementation of the existing legal provisions. The consistent toleration by a public authority of cases of non-compliance with the legal provisions in its responsibility area is not in line with the law
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
State funding
Recommendation:
The Promo-LEX OM recommends to develop, discuss and implement a clear formula for establishing the amount of interest-free loan provided by the state, which could be updated after each elections
Action required:
Legal change, Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body, Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Comply with the legal provisions on the obligation to check and supervise the reportingprocedure, the correctness and accuracy of the reports on the financing of electoral campaigns
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Publish the financial reports and documentation on the funding of election campaign on the official website of CEC in due time
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Undue campaign rethoric (eg. discriminatory, sexist, xenophobic, homophobic campaigning, hate speech)
Recommendation:
Avoid cases of hate and discriminatory speech, sexist speeches and other forms of intolerance in messages and speeches given in public during electoral and political activities
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Reflect of all financial expenses made during the election campaign
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
Revision of the provisions of art. 52, para. (3) and (8) of the Electoral Code to clarify the cases that can be interpreted as a violation of the law, in terms of involvement of foreign persons, their image, foreign organizations and their image
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Ensuring a uniform access of observers to election documentation by complying with the legislation on observers' rights and obligations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Amendment of the Regulations of the CEC by expressly introducing the right of observers to make photocopies on all election documentation in the way provided for by the legislation on the protection of personal data
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Ensuring sufficient information on the dynamics of data from the State Register of Voters. Management of the SRV in a transparent manner
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Undue campaign rethoric (eg. discriminatory, sexist, xenophobic, homophobic campaigning, hate speech)
Recommendation:
Monitoring the use of hate speeches by contenders and drafting proposals for changes to the legislation that would sanction such behavior of contenders and media institutions
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign spending limits
Recommendation:
Notification of the State Tax Office of cash donations exceeding 75,000 lei
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Media
Subtopic of primary thematic area:
Regulatory Body and Oversight
Recommendation:
Monitoring by the ACC of both of audiovisual institutions that undertook to reflect the campaign and of those who said they would not reflect the election campaign over the entire campaign
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Media Regulatory and Oversight Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Detailed presentation of the information in the financial reporting on contracts for purchase of promotion and printing materials, TV advertising, radio, print media and renting of premises so that it can be recognized in the reports
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Reporting services provided by volunteers in the reports submitted to the CEC in the list of donations in the form of goods, work, services, estimated at the market price
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Strict regulation, lacking of interpretation of the status of the political party, in the context of its quality as a "voluntary association with the status of a legal person", related to other types of legal persons, including in the context of issues related to political / electoral funding
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
Completion of Art. 75 par. (5) of the Electoral Code for reasons of law which would imply the cancellation of the electoral candidate's registration in the case of detection after the verification of signature collecting sheets of a number smaller than the minimum required by the legislation
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Legislation
Subtopic of primary thematic area:
Compliance with international standards and good practice
Recommendation:
Amendment of the national legislation, including electoral legislation, to approach in the spirits of the international standards of administrative resource terms, including: human, financial, material, coercive and in-kind resources
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election day
Subtopic of primary thematic area:
Voter identification and documents
Recommendation:
The uniformity of the provisions of the Electoral Code (Articles 9 and 44, 134) governing the way in which citizens with valid residence on election day are voting
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign materials
Recommendation:
The review of the provisions of art. 70, par. (6) of the Electoral Code in order to clarify the details of what must be included on the advertising materials in order to ensure transparency of the expenses incurred for them. Thus, after the statement[...] "Every advertising material must include the name of the electoral contestant, the date of printing, the printout of the material and the name of the printing press that printed it" to introduce the terms" and the date of the payment order and no. Invoice or contract. ". Paid electoral advertising will be accompanied by the slogan “Election”
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Accuracy
Recommendation:
More efficient management and updating of the Electoral Register
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
Ensure the factual and legal possibilities for e
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Amendment of the Regulation on the Financing of Electoral Campaigns by introducing a new chapter - Reporting of advertising expenses through supporting documents, so that the report will strictly reflect the data regarding the electoral advertising on the promotional materials. Each column in the report reflects the information on the advertising material, namely the name of the electoral competitor, the date of printing, the printout of the material and the name of the printing press that printed it, and the date of the payment order and no. Invoice or contract. Elective publicity will be accompanied by the term "Election"
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Voter identification and documents
Subtopic of primary thematic area:
Supplementary and special voters lists
Subtopic of secondary thematic area:
Voter identification and documents
Recommendation:
The application of the provisions of art. 58 par. (2) lit. a) of the Electoral Code in the context of the new local elections, which stipulate that the voters who came to the polling station with the voting right shall be included in the supplementary lists. In the case of parliamentary elections in uninominal constituencies, local elections or local referendums, only the certificates for the right to vote in the territory of the respective constituency will be accepted
Action required:
Sub-legal change (eg. in regulations and instructions by election management body), Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Compliance with the requirements of reporting in the reports on the financing of electoral campaigns, advertising materials, but also of all expenditures according to the requirements of the report: 1. - Payment destination, 2 - Date of payment, 3 - Beneficiary, 4 - nr. and the date of the payment order, and date of supporting documents (tax invoice, contract), 6 - amount)
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Legislation
Recommendation:
Improvement of the legal framework in order to establish the exact deadlines and procedures for the continuation of the election campaign for the second round of voting
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Explicit wording in points 11 and 12 of the Regulation on the financing of election campaigns with regard to the period of time when the Electoral Fund account is blocked / unblocked to meet the requirements of the real situation during the election campaign for the second round of elections
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
A thorough assessment of costs incurred by competitors and application of appropriate sanctions in case of violations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
Amending Art. 138 of the Electoral Code by revising the formula for calculating the number of signatures necessary for a candidates’ registration for the position of mayor. We remind you that the Code of Good Practice in Electoral Matters states that the Law should not require the collection of signatures of more than 1% of voters in that constituency
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Observation
Subtopic of primary thematic area:
Partisan Observation
Recommendation:
Completing Art. 15 par.(2) of the Electoral Code with provisions stipulating the time limit for the registration of representatives with the right of a consultative vote
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Candidate and party registration
Subtopic of primary thematic area:
Support signatures
Recommendation:
Ensuring factual and legal possibilities for electoral competitors to gain access to the files submitted for registration by other competitors, including ensuring the monitoring of the (re)- verification of subscription lists
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Due process
Recommendation:
Completing the Electoral Code and the related legislation with provisions, requiring the court not to issue invalidation decisions on the confirmation of the legality of elections and on validation of the mandates, by checking ex officio both the actions taken by the state authorities and the actions of the electoral contenders, when no participant in the process (contender, election body, voter) contested the results of the elections, or requested the invalidation of the mandate
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Complaints and appeals
Subtopic of primary thematic area:
Procedures (Effective, Clear, Formalized)
Recommendation:
Ensuring citizens with the legal mechanism in declaring appeals / resources in electoral litigation procedures
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign
Subtopic of primary thematic area:
Campaign regulation
Recommendation:
Excluding the provisions of art. 52 par. (10) of the Electoral Code, prohibiting electoral campaigning on the day of elections and the day before elections. Promo-LEX believes that prohibitive provisions on electoral campaigning should be maintained only for the premises where electoral councils and bureaus are located, as well as within 100 meters away from them
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Ensuring observance of the existing legislation regulating observers’ rights and renouncing the practice of creating obstacles to the process of monitoring by making secret the information of public interest alleging protection of personal data
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Ensuring observance of electoral legislation related to the transparency of information about candidates, respectively, ensuring public access to declarations of income and property of electoral contenders, publication of reports on the financing of electoral campaigns
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Complying with the legal provisions on the obligation to verify and supervise the reporting procedure, correctness and veracity of the reports on the financing of electoral campaigns
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Observation
Subtopic of primary thematic area:
Access of Observers
Recommendation:
Ensuring uniform access of observers to electoral documentation, by complying with the legislation on observers' rights and obligations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Observation
Subtopic of primary thematic area:
Legal Basis to Observe
Recommendation:
Completing point 18 of the Regulation on the statute of observers and the procedure for their accreditation with the "observers’ right of access to subscription lists"
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Election administration
Subtopic of primary thematic area:
Transparency (publication of information, decisions, agenda, etc.)
Recommendation:
Transparent and efficient management and updating of the Register of Electoral Officials
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
. Timely publication of financial reports and documentation on campaign funding on the official website of the CEC
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Explicit regulation in points 11 and 12 of the Regulation on the financing of electoral campaigns of the period of blocking / unblocking of the "Electoral Fund" account to bring it in line with the real situation of the electoral campaign for the second round
Action required:
Sub-legal change (eg. in regulations and instructions by election management body)
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Sanctions
Recommendation:
A thorough assessment of the costs incurred by competitors and the application of appropriate sanctions in case of violations
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Election Management Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Media
Subtopic of primary thematic area:
Regulatory Body and Oversight
Recommendation:
Monitoring by the ACC both of the audiovisual institutions that undertook to reflect the electoral campaign and those who said they would not reflect the electoral campaign for the entire duration of the campaign Monitoring by the ACC both of the audiovisual institutions that undertook to reflect the electoral campaign and those who said they would not reflect the electoral campaign for the entire duration of the campaign
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Medium
Body / Institution Responsible for Implementation:
Media Regulatory and Oversight Body
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Transparency (disclosure, reporting)
Recommendation:
Presenting information on contracts for the purchase of promotional and printing materials, TV, radio, printed advertising and space rental in the financial reports in a more detailed manner so that it can be recognized in the reports
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Local / Regional / Municipal
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Complying with the reporting provisions in the reports on the financing of electoral campaigns, on advertising materials, and of all expenses, according to the reporting requirements: 1. - Destination of payment, 2 - Date of payment, 3 - Beneficiary, 4 –Tax code, 5 Number and date of the payment order, number and date of the supporting documents (tax invoice, contract), 6 - Amount).
Action required:
Practice / Implementation
Degree of Recommendation's Priority / Urgency / Relevance:
Low
Body / Institution Responsible for Implementation:
Election contestants
Election Type:
Parliamentary
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Explicit regulation of uncertainties regarding the reporting of electoral campaign expenses by a political party that is not registered as an electoral competitor
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Association Promo - Lex Primary Thematic Area: Voter registration
Subtopic of primary thematic area:
Registration shortly before election day
Recommendation:
Completion of art. 134 of the Electoral Code with provisions that would establish a certain period of time (for example, 3 months) before the elections, when the assigning of voters to certain addresses / polling stations would be “frozen”. In this way, the “artificial migration” of voters could be excluded, with an impact on the elections.
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
Regulation of the procedure or minimum criteria for establishing the involvement in political or electoral activity of non-commercial organizations, foundations, charitable organizations, as well as sanctions imposed on them
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament
Election Type:
Parliamentary
Recommending Organization: Association Promo - Lex Primary Thematic Area: Campaign financing
Subtopic of primary thematic area:
Campaign finance regulations
Recommendation:
The precise clarification in the legislation of the status of the political party in the context of donations obtained from legal entities, since the political party has the status of legal entity and therefore the legislation on donations from legal entities is violated when they transfer funds into the “Electoral Fund” account
Action required:
Legal change
Degree of Recommendation's Priority / Urgency / Relevance:
High
Body / Institution Responsible for Implementation:
Parliament