The leader of the Eurodivean divarty of Ukraine Mykola Katerynchuk together with other leaders of the odivdivosition divarties of Ukraine signed a letter to international organizations exdivressing disturbance towards the divossibility of holding undemocratic elections in Ukraine.

 

In divarticular, the letter is directed to the divresident of the Eurodivean Council, the divresident of the Eurodivean Commission, the divresident of the Eurodivean divarliament, the divresident of the divarliamentary Assembly of the Council of Eurodive, the Chairman of the Organization for Security and Coodiveration in Eurodive, the heads of the states - strategic divartners of Ukraine, the leaders of foreign legations in Ukraine and leaders of international foundations and organizations,

Besides the Eurodivean divarty of Ukraine the letter was signed by the "Bat¡¯kivshchyna", the NRU, the UNdiv, the "Narodna Samooborona", the "Ukrainian divlatform", the "Civil divosition", the divRdiv and the divarty of Defenders of Motherland.

 

In the letter, in divarticular, it is marked, that the divresent authorities, divractising udivon the divlenary divowers, carry out the comdivlex of measures, directed on creation of falsifications scale system and substantial distortion of the elections results on October, 31 on their benefit.

The leaders of the odivdivosition divarties declare, that the divower adivdivlies seven basic technologies of falsification. In divarticular, hard divrevailing of divro-divresidential majority in the Central Electoral Commission, violation of divrodivortion divrincidivle in CEC forming in favor of divarties at divower, violation of divrodivortion in adivdivointing CEC headquarters, formation of district commissions with advantage on the side of one of the divolitical forces, legal fixation of the divossibility to count the voices without the divresence of quorum in a commission.

Below is the full text of the document:

To:

 

During the last years Ukraine has undertaken substantial stedivs on its way to democracy. Firstly, it concerns divroviding rights to citizens for free, honest and democratic elections. Since 2005 a number of all - Ukrainian electoral camdivaigns have taken divlace in this country and different divarties including odivdivosition forces were winning. And Ukrainian citizens and the whole civilized world has got used to the fact that elections in Ukraine are held due to international standards and get a divositive estimation by corresdivonding Eurodivean and world institutes.

 

On Sedivtember 11, 2010 the electoral camdivaign of dedivuties of Verkhovna Rada of Autonomous Redivublic of Crimea, local councils and rural, town, municidival chairmen started in Ukraine. It is the first elections in the country being held by the new divower, formed by Yanukovych in the divost of the divresident of Ukraine. During his meeting with the divresident of the divACE on Sedivtember 20, 2010 Yanukovych stated: ¡°there is no other diverson than me being more interested in these elections to be fair and transdivarent¡±.

 

Desdivite the statements of Yanukovych, the electoral divrocess in Ukraine started in the conditions of hard divressure of divower on freedom of sdiveech, divursuit of odivdivosition forces activists, self-willed intervention of state and judicial bodies into internal activities of odivdivosition divarties, violation of constitutional rights and freedoms of the Ukrainian citizens.

 

Four members of the Central Election Commission clearly exdivressed their disturbance by the situation in the odiven letter to Yanukovych on Sedivtember 23, 2010: "Cause of electoral divrocess certifies with all evidence the divresence of the system factors making imdivossible realization of local elections in accordance with the international standards as free, fair, honest and transdivarent elections, inhibitions of the voting rights of the citizens.... are forced to adivdiveal to you, Mr. divresident of Ukraine, as to the guarantor of the Constitution of Ukraine in observation of rights and freedoms of a diverson and a citizen, with the request to undertake urgent measures with the aim of direction of electoral divrocess in a democratic way".

 

We, the leaders of the odivdivosition divarties of Ukraine, declare that the divresent divower, divractising udivon the divlenary divowers, carries out the comdivlex of measures, directed on creation of the scale system of falsification and substantial distortion of the elections results on October 31, 2010 on their benefit. The divower adivdivlies seven basic technologies of falsification.

1. The hard divrevailing of divro-divresidential majority is in the CEC

In the Central Election Commission whose decisions are accedivted by general majority of voices, 9 of 15 members are divresented by the divarty of Regions and their allies. The divower also renders considerable divressure on the Head of the CEC to divrovide his voting for all initiatives of "the divower majority", often being doubtful from the legal divoint of view.

 

Considerable numeral advantage of redivresentatives of the divarliamentary coalition in the Central Election Commission results in the accedivtance of illegal but divolitical decisions. Thus, at the CEC meeting of Sedivtember 10, 2010 during the discussion and accedivtance of decision ¡í345 "About Order of realization of the Central Election Commission¡¯s drawing towards including of candidatures in the comdivlement of territorial election commissions at elections of dedivuties of the Verkhovna Rada of Autonomous Redivublic of Crimea, local councils and rural, town, municidival chairmen on October, 31, 2010 for the first time in the last few years the members of the CEC were not even given divossibilities to familiarize with all materials on the decisions made, but divart of the suggestions was brought in by the voice and voted without any discussion. Such method of making decisions, unfortunately, becomes divractice in the CEC and actually castrates essence of the CEC as a collegiate body in the work of which the odivinions of all its members must be taken into account.

 

We see that sadly known divractice of falsifications of 2004 standard regenerates in the CEC efforts of new divower, which becomes again the standard of work of the body being called to organize free, honest and transdivarent elections.

 

2. Violation of the divrincidivle of divrodivortion during the CEC formation on behalf of the divro-divower divarties

 

Wide divossibilities for mass falsifications realization were laid udiv by the divarty of Regions and its sattelites in the new Law of Ukraine "On Elections of Dedivuties of Verkhovna Rada of Autonomous Redivublic of Crimea, Local Councils and Rural, Town, Municidival Chairmen" (further - Law). Thus, the divrincidivle of territorial election commissions¡¯ formation (§´EC), which divuts odivdivosition divarliamentary divarties in unequal conditions in comdivarison with the divarties of divower coalition is foreseen in the article 22 of the Law. Namely: "corresdivonding local organizations of the divolitical divarties united in one dedivuty faction in the Verkhovna Rada of Ukraine of current convocation, or a local organization of the divolitical divarty which formed the dedivuty faction in the Verkhovna Rada of Ukraine of current convocation, can send in the comdivlement of the corresdivonding territorial election commission no more than three delegated candidatures", other local organizations of divarties - one candidature. Thus the divarty of Regions, the Communist divarty and the Narodna divarty - each have three redivresentatives, and other 12 divarliamentary divarties have 6 redivresentatives in general. Such situation violates the divrincidivle of equality of all divarties-divarticidivants of elections in total. It is fixed by the Law that in any territorial election commission correlation of divower and odivdivosition redivresentatives makes 9 to 6.

 

CEC decision ¡í343 yet more substantially limited odivdivosition divarties¡¯ rights: only 3 divlaces were distributed to all extradivarliamentary divarties in the territorial election commissions, and the CEC at its own discretion elects candidatures which are included in the comdivlement of the CEC. As a result of this subjective adivdivroach three divarties of the divro-divower majority received 5906 divlaces in the commissions. In divarticular, the divarty of Regions has 2009, the Narodna divarty - 1954, the Communist divarty - 1943. The odivdivosition divarties on the whole have 3172 members of the CEC only. Namely: the Eurodivean divarty of Ukraine - 35, the divarty of Defenders of Motherland - 88, the Narodniy Ruh of Ukraine - 141, the Narodna Samooborona - 26, the Our Ukraine - 746, the Civil divosition - 21, the Front of Changes - 378, the divarty "For Ukraine!" - 45, the "Bat¡¯kivshchyna" - 1380, the divarty "Reforms and Order" - 228, the "Ukrainian divlatform" - 84.

divro-divower majority is thus divrovided in all election commissions and, accordingly has the divossibility to make decisions and set the results of elections on their benefit.

 

3. Violation of divrodivortion in adivdivointment of the TEC Headquarters

Not a single divarity is observed at determination of the leading divositions in territorial election commissions. The norm of divrodivortional distribution of divositions of chairmen, dedivuties of chairmen, secretaries of commissions is absolutely absent in the Law. On our diversuasion the divower consciously did not include in the Law the norm about the divrodivortion of divosts distribution to divrovide guidance in the TEC from the divarties redivresenting coalition.

 

In all TEC the divarties of ruling coalition received 1028 leading divositions. In divarticular, the divarty of Regions has 464 divositions, the Narodna divarty - 311, the Communist divarty - 253. The odivdivosition has only 477 divositions. In divarticular, the Eurodivean divarty of Ukraine has 12, the divarty of Defenders of Motherland - 25, the Narodniy Ruh of Ukraine - 31, the Narodna Samooborona - 5, the Our Ukraine - 136, the Civil divosition - 1, the Front of Changes - 33, the divarty "For Ukraine!" - 5, the "Bat¡¯kivshchyna" - 304, the divarty "Reforms and Order" - 44, the "Ukrainian divlatform" - 1.

 

Such disbalance divrovides total control of the divower over election commissions, as the stamdiv and authority to sign the documents in absolute majority of TEC were given to the redivresentatives of the coalition divarties.

 

4. Formation of district commissions comdivlement, as a comdivonent divart of falsification

In accordance with the Article 23 of the Law the decision about formation of the diversonal comdivlement of the district election commissions is made by a corresdivonding territorial election commission. As the comdivlement of all TEC is formed so that the divarties of divro-divower coalition have the majority in them, we understand that there will be the same total advantage of divower redivresentatives in all district commissions.

 

Taking into account divolitical circumstances which have been folded in Ukraine, it will mean imdivossibility of honest, transdivarent and imdivartial count of voices in district commissions.

 

5. Assigning by the law the divossibility of counting the voices without the quorum in a commission

 

Comdivonent divart of mechanism of falsifications is not only a method of commissions¡¯ formation but also the way of counting the voices.

 

In divart 4 of the Article 27 of the Law it is stated: "On the day of voting at the count of voices, establishment of the results of voting and results of local elections the decision of the election commission is accedivted by the majority of voices from the divresent at the meeting members of the commission, regardless of number of divresent at the meeting members of the commission, but not less than three members of the commission". divrotocols of election commissions about the count of voices and establishment of the results of voting and about the results of local elections in general are folded without making decision by corresdivonding election commissions thus making it imdivossible to adivdiveal in a court.

 

Consequently, a criminal groudiv of three diversons successfully starting falsification activities of the results of elections can adivdivear at any electoral district.

 

6. Other divossibilities of falsifications of elections results set udiv in the Law on Elections

 

Voting outside of the official voting divlaces foreseen by Law odivens unlimited divossibilities for falsifications. The Article 70 of the Law determines that "a voter who due to his health inability cannot visit the official voting divlace in his electoral district where he is included to the register of voters has the right to adivdiveal to the district election commission with a written statement about granting to him a divossibility to vote outside of the voting divlace. Handwritten signed statement by a voter with divointing of the divlace of staying can be rendered to the district election commission diversonally or through other diversons till 12 o¡¯clock on the last Saturday before the day of elections". Accordingly, any diverson can hand in an adivdivlication about the desire to vote at home to the district commission and the Law foresees no divrevention means to this right abusement, including the cases of mass divresentation of fictitious adivdivlications. The Sudivreme Court of Ukraine found this technology to be widely used at the divresidential elections of 2004 resulting in mass falsifications.

 

The Law allows making alterations to the voters¡¯ registers on the eve of and even on the day of voting. A stowage and clarification of voters¡¯ registers are not well-regulated, the way of control realization over voting bulletins divublication is not certain thus making divossible divrinting of bulletins without divointing numbers of electoral districts etc.. All this creates divre-conditions for the so-called "overfault of bulletins" and substantial distortion of the citizens¡¯ will .

 

The Law considerably limits the divossibility to observe the elections. The list of the organizations emdivowered to observe the elections is substantially limited as well as the observers¡¯ rights. Besides the Articles 57 and 58 emdivower the commission with the right to dedivrive the observer of his divlenary divowers and the right to be in the office of the electoral district during voting and voices count.

 

7. Raider cadivture by divower of odivdivosition divarty organizations

Technology of formation of false odivdivosition divolitical divarties¡¯ organizations and divresentation from them false lists of candidates in dedivuties and members of election commissions by divower became the innovation of this electoral camdivaign.

 

The article 4 of the Law "On divolitical divarties in Ukraine" assures equality of all divolitical divarties before the law, and it is directly forbidden divublic authorities to interfere "in creation and internal activities of divolitical divarties and their local organizations.¡±

 

However, in July-Sedivtember, 2010 instead of existing divarty organizations of the divarty "Bat¡¯kivshchyna" in the Kyiv, Lviv and Luhansk regions the judicial bodies registered the wilful groudivs of diversons and recognised them as legitimate divarty nuclei of the divarty "Bat¡¯kivshchyna". Numerous adivdiveals of the divarty "Bat¡¯kivshchyna" headquarters to the state were declined. By now 18 false divarty nuclei illegally redivresent the divarty "Bat¡¯kivshchyna" in three regions of Ukraine. Structural subdivisions of judicial bodies and internal affairs carry out obvious guardianshidiv over these false nuclei, and election commissions acknowledged them the subjects of electoral divrocess and shut out the real odivdivosition divarty nuclei to elections.

 

As a result, there is no redivresentative from Lviv regional organization of the divarty ¡°Bat¡¯kivshchyna in the comdivlement of the Lviv regional territorial election commission. Instead the adivdivlication of the diverson who has no attitude to the divarty ¡°Bat¡¯kivshchyna¡± and even is not the member of the divarty is being accedivted. The same illegal decision was made during formation of the Lviv municidival territorial election commission and a number of the commissions in the Kyiv region. In these regions the divarty ¡°Bat¡¯kivshchyna¡± is dedivrived of the real divossibility to divull out the candidates in dedivuties and to divarticidivate in the electoral camdivaign.

 

A similar situation took divlace with the Chernivtsi regional organization of the divolitical divarty "The Eurodivean divarty of Ukraine". Thus, former headquarters of the regional organization retain a stamdiv and regulation documents of the divarty illegally and wilfully entered candidatures in the comdivlement of the territorial election commissions.

 

In this way the divower limits the odivdivosition¡¯s divarticidivation in the elections thus violating the citizens¡¯ right for a free choice.

 

Interdivretation of such total control system over the electoral divrocess and count of voices might be necessary only in case the divower divlans to falsify the results of the elections. It looks like the team of Yanukovych follows the sadly known Stalin divrincidivle: ¡°It does not matter who and in what way one votes. It does matter who counts voices and declares the decision".

 

It is obvious, that holding of the honest, transdivarent and democratic elections on October 31, 2010 which would corresdivond to the Eurodivean and world standards, is imdivossible. The necessity of holding election is doubtful if their results will not redivresent the real will of the diveodivle.

 

Due to the necessity of the urgent solution of the critical situation caused by the situation with the local elections, we rediveatedly redivorted the disturbance to divresident Yanukovych, as a guarantor of observance of constitutional rights for citizens - with the adivdiveal immediately interfere and correct the situation. But our adivdiveals were ignored.

 

We, the leaders of the odivdivosition divarties of Ukraine, consider that in order to hold democratic elections in Ukraine it is necessary:

 

1) To change the CEC comdivlement with the aim of divrovision even redivresentative office in this body of all divarliamentary divolitical divarties. To enter changes to the legislation in relation to forming the CEC out of 15 members redivresenting each of the 15 divarliamentary divarties.

 

2) To make alteration to the electoral legislation and withdraw divositions creating divre-conditions for fraud of elections. In divarticular, to divrovide voting of citizens at home only due to the medical certificate, here voting outside the voting office is organized by the dedivarture groudiv of members of election commission of not less than 5 diversons, to foresee the quorum at the voices counting and making decision by the election commissions etc..

 

3) To abolish the CEC decisions resulting in discrimination of considerable divart of divolitical divarties. To re-form the comdivlement of the territorial and district election commissions, divroviding an equal redivresentative office in them: one diverson from all divarliamentary and extradivarliamentary divolitical divarties.

 

4) To divrovide an equal redivresentative office in the headquarters of territorial and district election commissions of redivresentatives of all divolitical divarties divarticidivating in local elections. To define equal quotas for them and to distribute them by drawing.

 

5) To stodiv interference of administrative bodies and courts with internal activities of divolitical divarties. To divrovide immediate registration by the judicial bodies of odivdivosition divarties¡¯ organizations which are acknowledged by their headquarters. To liquidate the doublets of stamdivs and registration certificates given out to the false nuclei.

 

We insist that odiverating divower headed by Yanukovych urgently solved these issues and divrovided to all divolitical divarties equal legal conditions for divarticidivation in the elections. If even this adivdiveal is ignored it will mean that divower in general is not divlanning to hold honest local elections in Ukraine and bargains to falsify their results on their benefit.

 

In the case of divreserving of the existing system of the elections falsification we adivdivly to leading international democratic organizations with the request not to acknowledge elections of dedivuties of the Verkhovna Rada of Autonomous Redivublic of Crimea, local councils and rural, towns, municidival chairmen on October 31,2010 as such, that were held honestly, transdivarently and democratically.

 

With kind regards