Joint Declaration of the NGO “Ukrainian Legal company” and All-Ukrainian NGO “Civil Rights’ Movement of Oleg Riabokon” regarding the draft Law of Ukraine “On elections of the deputies of the Supreme Rada of the Crimea Republic, city councils as well as mayors of villages, settlements and cities”

09/07/2010 News and Publications

Having analyzed the draft Law of Ukraine “On elections of the deputies of the Supreme Rada of the Crimea Republic, city councils as well as mayors of villages, settlements and cities” which has been supported by the majority of the deputies during the first reading, we believe that this draft law does not correspond with the civic society principles and will impede development of democracy and local self-government should it be adopted.
One of the most crucial shortcomings of the said draft law is that in accordance with pa. 4 of clause 2 “Elections of mayors of villages, settlements and cities are held under the relative majority system in the single-seat electoral district which limits coincide with the limits of the village (several villages whose citizens have united into the village community), settlement, city”.
This means that in case of the low turnout for the election as well as use of respective political engineering votes could be sprayed around and the winner candidate will only have the relative majority of votes and in fact is not supported by the majority of the citizens of the village, settlement, city.
In order to prevent election of the mayors who are not supported by the majority of the electorate we suggest to use the absolute majority system and thus word a. 4 of clause 2 of the draft law as follows:
“Elections of mayors of villages, settlements and cities are held under the absolute majority system in the single-seat electoral district which limits coincide with the limits of the village (several villages whose citizens have united into the village community), settlement, city.
In order to be elected to run the office the mayor of the village, settlement or city the candidate must receive over 50% of the votes of the electorate participated in the elections.
In none of the candidates receives the required votes, the second round of elections is held. Two candidates gathered the majority of the votes during the first round of elections are shortlisted to participate in the second round of elections.
The winner candidate is the one who receives the relative majority of the voted in the second round of elections.
If both candidates receive equal votes, results of the second round of elections are settled by lot.”Such an approach will ensure effectiveness of the elections. The candidate elected under the above principle will be able to establish good and effective governance in the region which is turn will foster growth in prosperity of the citizens of respective communities.
Moreover, we are confident that in the democratic rule-of-law state not solely political parties may nominate candidates for the office of mayor of village, settlement and city but also the election meetings should be entitled to do so. Also, any person should be entitled to nominate oneself.The only unbiased criteria for evaluation of candidates for the positions of mayors of villages, settlements and cities is the results of the people’s will.

Oleg Bereziuk – Chairman of the NGO “ Ukrainian Legal Company»

Oleg Riabokon – Chairman of the Board of the All-Ukrainian NGO “Civil Rights’ Movement of Oleg Riabokon”