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Ukraine's next presidential election (first round) is scheduled to be held on January 17, 2010[1][2]. This election will be Ukraine's fifth presidential election since declaring independence from the Soviet Union in 1991. The President of Ukraine is elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot. One and the same person shall not be the President of Ukraine for more than two consecutive terms. A candidate seeking election must be a citizen of Ukraine who has attained the age of thirty-five, has the right to vote, has resided in Ukraine for the past ten years prior to the day of elections, and has command of the state language as required by Article 103 of Ukraine's Constitution. Nominations by parties and candidates to run in the election closed on November 6, 2009.[3] Eighteen candidates in all have been nominated. The Central Election Committee has until November 11 to process documentation and finalize the election list. On January 17, 2010 polling stations will be open from 8 a.m. to 10 p.m.[3]
[edit] Law on Presidential electionsUkraine's President is elected by a two-round voting system. The method of voting is first-past-the-post. If no candidate in the first round ballot has 50% or more votes then the two highest polling candidates face off in a second round of the elections. The first round of voting is scheduled for January 17, 2010. If required, a second round ballot is expected to take place in February 2010. On July 24, 2009 the Verkhovna Rada (Ukrainian parliament) passed a bill amending the Law on Presidential Elections which included a reduction of the official presidential campaign from 120 to 90 days.[4][5] [6] On August 18 Victor Yushchenko vetoed the proposed amendments on the Law on Presidential Elections. In response the Parliament convened a special session on August 21, 2009 and 325 out of 371 members of parliament voted to override the president's veto.[7] The new law on the Presidential elections also requires candidates to pay a 2,500,000 hryvnias nomination deposit which will be refunded only to the two highest polling candidates that progress to the second round of voting. President Viktor Yushchenko refused to sign the new law and lodged an appeal in Ukraine's Constitutional Court, but failed to outline in detail the grounds for any appeal.[8] The speaker of the parliament, Volodymyr Lytvyn, signed the amended law into existence following the President's refusal to sign it. Maryna Stavniychuk, deputy head of the presidential secretariat and the President's spokesperson on legal matters stated "It is obvious that there are no serious political or legal grounds to consider the issue of the possible disruption of the presidential elections in Ukraine" [9] Yulia Tymoshenko, Ukraine's Prime-minister and one of the main candidates seeking election in January's poll has stated that “We will not challenge any election returns to avoid tremors, which may bring about instability in this country. If the people elect their president, and this is not Yulia Tymoshenko, I will take this choice easy, for sure”[10] Former President Leonid Kuchma has also excluded the possibility of a third round ballot. According to Kuchma, "during the election campaign in 2004 the decision about holding the third round was political and it will not be repeated. The 2004 decision was an exclusion from a rule".[11] On October 19, 2009 the Central Election Commission of Ukraine formed the 225 territorial election districts needed for carrying out the election.[12] October 20, 2009 Ukraine's Constitutional Court announced its ruling declaring unconstitutional five aspects of the new law of the Presidential election. Voters abroad will no longer have to be registered with the Ukrainian consulate in order to cast a vote. The courts will retain the right to consider without limitations any application or appeal in respect to a candidate's registration or the conduct of the election. The cancellation of absentee ballots remains as does the 90 day election period and the 2.5 million hryvnia deposit. The ruling of the Constitutional Court is not expected to impact seriously on the election as the amended legislation remains in place. [13][14] [edit] CostsThe Central Election Commission has estimated the budget of the holding of regular presidential elections in Ukraine at 1.5 Billion hryvnias[15] (approximately 200 million US dollars) with additional costs required by candidates to fund their campaigns. Each candidate is required to pay an election deposit of 2.5 million hryvnias (Approximately 300,000 US dollars) The deposit will be refunded to the two highest polling candidates who progress to the second round of elections. On November 26 the Central Election Commission stated a total of 1.314 billion hryvnias is required to hold the presidential election, including 192.2 million in 2009 and 1.122 billion in 2010.[16] Assessments by political analysts show that each presidential candidate will have to spend at least US $150–200mn to promote himself; this includes buying story lines in the media, visual advertising, canvassing, printing political material and, of course, work with electoral commissions.[17] Chairman of the Committee of Voters of Ukraine, Oleksandr Chernenko, also commented that Presidential candidates will spend 1 billion US dollars on the election campaign[18] [edit] Time TableUkraine's Central Electoral Commission (CEC) has set the following timetable for the conduct of the election:[3][19]
If no single candidate has 50% or more of the total votes recorded the two highest polling candidates progress to a second round ballot. Information in relation to the dates for a possible run-off ballot has not been published. If required the run-off ballot is expected to be held on February 21, 2010 [edit] BackgroundIn Ukraine, the previous two presidential first round ballots have traditionally occurred in October. According to the Constitution of Ukraine, regular elections of the President of Ukraine are held on the last Sunday of the last month of the fifth year of the term of authority of the President of Ukraine. In the event of pre-term termination of authority of the President of Ukraine, elections of the President of Ukraine are held within ninety days from the day of termination of the authority. Early Presidential elections can be held in case of presidential resignation, ill-health, impeachment or death. On April 1, 2009, the Verkhovna Rada designated October 25, 2009 as the date for the first round of voting. Within a week, President Yushchenko filed an appeal with the Constitutional Court against Verkhovna Rada's October 25 date. The President's appeal argued that his inauguration on January 23, 2005 was the commencement of his five-year term of office and as such the next presidential election must be set for the last Sunday before January 23, 2010 in accordance with Article 103.[21] On May 13, 2009 the court ruled in Yushchenko's favor, striking out the October 25th date for the elections.[22] On May 14, 2009, the Party of Regions leader Viktor Yanukovych stated that the presidential elections should now be held on January 17, 2010.[23][24][25] On June 23, 2009 the Parliament rescheduled the date for the election for Sunday January 17, 2010 with 399 lawmakers out of 442 lawmakers registered in the session hall voted “for” the resolution “On appointing of regular election of President of Ukraine”. Minister of Internal Affairs Yuriy Lutsenko said on September 21, 2009 that he believes that the lists of voters at this Presidential election will be more qualitative and more “clear” than it was at previous elections because "double names" were removed from the list[26]. The same day the Party of Regions complained about a lot of mistakes in that list and that the number of voters fell in the south and east of Ukraine and grew by 0.5-1% in western Ukraine[27]. It is the first time the state register of voters will be used in a Ukrainian election[27]. [edit] Nominated candidatesThe following candidates have submitted registration documentation for the Presidential elections (in ballot paper order)[28]
[edit] Excluded candidatesAll together the Central Election Commission had rejected sixteen applications for candidate registration[69] The Central Election Commission refused to register Oleksandr Hordiichuk, Olena Osnach, Oleksandr Luzan, Hanna Kostiv, Oleksandr Vaschenko, Oleksandr Ohorodnikov, Vasyl Handula, Yurii Petlevana, Petro Rekalo, Anatolii Polischuk, Mykhailo Hamaniuk, Oleksandr Vretyk, Artem Polezhaka, Oleh Omelchenko, Natalia Vitrenko[49], Mykola Melnychenko, Serhii Martyian and Serhiy Schetinin. The reason stated was due to errors in their documentation, qualifications or failure to pay the required 2.5 million hrivina nomination deposit.[70][71][72][73] Nominations closed on November 9, 2009. The Central Election Commission had until November 11 to process nomination documentations and November 13 to finalize the election list. [edit] Electoral campaignThe official Presidential campaign commenced on October 19, 2009 with nominations opening on October 20 through to November 6. The "unofficial" campaign had already started during the summer of 2009 with tents of Front for Change distributing campaign material for Arseniy Yatsenyuk Front for Changes and large scale and billboards stating Others make problems. She Works (in the colors and letter type of Bloc Yulia Tymoshenko), and photos of Serhiy Tihipko displayed in most Ukrainian towns and TV-adds of Yulia Tymoshenko and Volodymyr Lytvyn shown on national TV.[74][75] According to Tymoshenko the "She Works" billboards were paid for by the Fatherland Party, and therefore they were also "social". Party of Regions deputy Andry Paruby officially requested that the prosecutor-general's office investigates the sources of financing of Tymoshenko's advertisements. He suggested that public money might have been used[75]. Ukraine has proven more than once the degree to which the success of an election campaign depends on the level of professionalism and political spin techniques applied in election campaigns.[76] The most popular candidates are former Prime Minister and leader of the Opposition party Viktor Yanukovych and current Prime Minister Yulia Tymoshenko. Incumbent President Viktor Yushchenko's support has slumped from a high of 52% in 2004 to below 3% in Ukrainian public opinion polls. Most political commentators regard him as a heavy underdog who stands little chance of being re-elected to a second term of office.[77] A recent public opinion poll indicated that 83% of Ukrainians will not vote for Yushchenko[78] On April 5, 2009, Arseniy Yatseniuk, former Chairman of the Verkhovna Rada announced his intention to run in the election.[79] His popularity has slowly risen to around 12%-14% and is now in third place behind Yanukovych and Tymoshenko.[80] According to Oxford Analytica the working relationship between President Yushchenko and his Prime Minister Tymoshenko will be further complicated by the search of Yushchenko for partners other than Tymoshenko's Bloc Yulia Tymoshenko who will ensure his re-election.[81] Since Yushchenko dismissed Tymoshenko as Prime Minister on September 8, 2005 the relations between Tymoshenko and Yushchenko,[82][83][84][85], including the Secretariat of the President of Ukraine,[86] have been hostile.[87] In an interview with the Frankfurter Allgemeine Zeitung of 11 February, 2009 Tymoshenko said her recent conflict with the President is a political competition and not ideological antagonisms and she empathized that the "election struggle for the next presidential elections has virtually begun."[88] During a visit to Brussels on February 10, 2009 Chairman of the Verkhovna Rada Volodymyr Lytvyn seconded that.[89] In late February 2009, President Yushchenko called on all Ukrainian politicians to "stop the presidential election campaign until July 1."[90][91] On June 16, 2009 Tymsoshenko accused Yuschenko, Yatseniuk and Yanukovych of having the same campaign headquarters financed by (businessman and) RosUkrEnergo owner Dmytro Firtash.[92][93][94] Tymoshenko stated on June 22, 2009: “There is a team work on solving these issues between the President and the Prime Minister. Professional advice and support of the President will help the government during difficult times”.[95] On August 11, 2009 Russian President Medvedev in an open letter [96] directed at Viktor Yushchenko, raised a number of issues of concern related to the perceived "anti-Russian position of the current Ukrainian authorities". The Russian President's comments[97] were considered by analysts and others including the President of Ukraine as Russia's interference in Ukraine's domestic affairs.[98][99][100][101][102][103][104]. On September 12, 2009 a tour called “With Ukraine in Heart” in support of Yulia Tymoshenko kick-started on Kiev's Maidan Nezalezhnosti. The most popular singers and bands of Ukraine took part in the tour.[105][106][107] On September 14, 2009 the Communist Party of Ukraine , the Social Democratic Party of Ukraine (united), the Justice Party and the Union of Leftists signed an agreement on creating the bloc of leftists and center-leftists and a unitary participation in the presidential election.[108][109] The Pechersky district court in Kiev on September 22, 2009 banned "any unfair advertisement" against Tymoshenko in response to a video (allegedly made by the Party of Regions), which claimed that Tymoshenko does not deliver on her promises. The video reportedly mocked Tymoshenko's main campaign slogan "She Works," which is frequently used in her advertisements.[75] In October 2009 representatives of the Western Ukrainian intelligentsia called upon the candidates Yuschenko, Yatseniuk, Hrytsenko and "other representatives of national democratic forces" to withdraw in favour of Tymoshenko[110]. On October 6, 2009 the incumbent President Yushchenko warned that there may be attempts to use regional television and radio companies to create advantages for the government in the election campaign.[111] October 17, 2009 The Social-Democratic Party of Ukraine has backed a decision to create the bloc of left and center-left political forces and supported the leader of the Communist Party of Ukraine Petro Symonenko as a single candidate for the post of the Ukrainian president from left political forces[112] October 19 Official start of the Elections campaign 90 day period. October 20 Candidate nomination registration opens. Oleh Riabokon first candidate to officially nominate. October 20, Ukrainian Parliament voted to amend Ukraine's Constitution (390 out of 438 in favor) to remove provision related to Parliamentary immunity that prevents a member of parliament from being criminally liable, detained or arrested without the consent of the Verkhovna Rada. An earlier proposal to only remove immunity from the the Parliament was defeated. The proposed new provisions also limits presidential immunity. The president can not be detained or arrested without the consent of the parliament however on conviction of an offense the President automatically loses office. The proposed amendments have been forwarded to Ukraine's Constitutional Court for review and will need to be reaffirmed by the parliament in February 2010 [113] Political Analyst and senior policy fellow at the European Council on Foreign Relations, Andrew Wilson, has cast doubt on Arseny Yatseniuk, currently Ukraine's third most popular candidate, ability to maintain his meteoritic rise following a decline in his ratings dropping from a high of 13% in August to 9% in October. "Yatseniuk must look to plan B"[114] On November 6 the nominations were closed. The same day a Viktor Yushchenko aide amidst concern over the recent flu outbreak which claimed 97 lives has proposed the cancellation of the January election until May 2010 which would extend the President's term of office a further six months.[115] The World Health Organisation has stated that they expect a second and third wave of infections to occur in Spring (April to June) [116] bringing into further doubt Yushchenko's proposed cancellation. Under Ukraine's Constitution the elections can be canceled if a State of Emergency is declared. Also on November 6. 2009 the Emergencies Ministry stated it saw no grounds to introduce a state of emergency in Ukraine due to the flu epidemic.[117] On November 9 President Yushchenko said the same.[118][119] Serhy Lutsenko, the deputy head of the People’s Self-Defense party expressed on November 11, 2009 concern that Viktor Yushchenko will support his past rival, Viktor Yanukovych, in a run-off election between Yanukovch and Tymoshenko.[120] On December 3, 2009 the Ukrainian National Council on Television and Radio Broadcasting complained that certain TV channels did not give equal conditions to all presidential candidates.[121] On December 11, 2009 the European People's Party EPP called on "Ukraine's democratic forces" to unite around the most democratic candidate who will win through to the presidential run-off. All-Ukrainian Union "Fatherland", the Our Ukraine People's Union, and the People's Movement of Ukraine (Rukh) are the EPP's partners in Ukraine.[122] On December 11, 2009 candidate Viktor Yanukovych stated that his Party of Regions possesses information that "government representatives are currently "motivating" the chairmen of election commissions and seeking options for victory in every possible way" and called for his supporters go to the Maidan Nezalezhnosti in case of election fraud.[123] [edit] IssuesThe list of major issues raised in the campaign to date include
According to the Director of the Penta Center for Political Studies Volodymyr Fesenko there where only small differences in the election programs of the various candidates.[128] [edit] Concerns of the electorateA poll released December 15, 2009 by the International Foundation for Electoral Systems found that Ukrainians saw this election very pessimistically.[129] The data showed that 74% of the people polled believed Ukraine was on a course of instability, and 96% were dissatisfied with the economic situation and 92% with the political situation.[129] [edit] FraudA December 2009 poll found that 82 percent of Ukrainians expect vote rigging, these fears are shared by election observers, both international and domestic. The later also fearing the lack of an independent exit poll; which they see as essential to deterring vote fraud.[130] Viktor Baloha, former presidential secretary under Viktor Yushchenko stated "Alarming declarations about the likely vote rigging directly point to organizational weaknesses of some candidates as the law allows for reliable barriers against any electoral fraud. For instance, any presidential candidate can send his 2 representatives to sit on local and regional electoral commissions, appoint observers to keep an eye on voting and counting of ballots. Proxies of candidates who have wide authority can also supervise the course of the voting". "There are more than enough supervisory tools. Other effective barriers to electoral fraud are the Central Election Commission [whose members are appointed by major parliamentary parties on a quota principle] and numerous international observers. Mass media and NGOs, notably, the Committee of Voters of Ukraine, will also be effective in helping to curb fraud. Of great importance for establishing the final tally are also exit polls run by respected polling companies.they will all be used during the campaign." adding that "All the more so that there are 18 presidential candidates, some having considerable weight. That is why any declarations about the likely fraud are just attempts to justify a defeat of those who make them. Note that those candidates who are selling themselves as strong-willed and tough are most given to such declarations. In fact, such declarations expose them as would-be losers and outsiders” [131] [edit] Opinion PollsAccording to recent opinion polls, the Party of Regions candidate Viktor Yanukovych (25.0% to 33.3%) was placed first among viable presidential candidates, with Prime Minister Yulia Tymoshenko (15.5% to 18.4%) coming in second, and Front for Change candidate Arseniy Yatsenyuk (6.7% to 14.5%) in third place. Incumbent President, Viktor Yushchenko (2.0% to 3.8%) following his decline in popularity with the Ukrainian public comes in at a distant sixth place behind leader of the Communist Party Petro Symonenko (3.4% to 4.5%) and Parliamentary speaker Volodymyr Lytvyn (1.4% to 5.8%).[132][133] Publication Date December 17 , 2009 Source: Research & Branding Group[134] Poll Date December 5 to 13, 2009
Information gathering were conducting by personal interview method in the 24 oblasts of Ukraine and АР Crimea. Respondents were selected by quota sample, representing the adult population of the state by the residing place (oblast), sex and age. Sample's volume - 3083 persons. The estimated average sample error amounts to +1,8%. A survey conducted by U.S.-based International Foundation for Electoral Systems and financed by the United States Agency for International Development (November 21 to 29) lists Viktor Yushchenko as the highest negativity rating (83%) and Viktor Yanukovych with the most positive rating (42%) [135] According to an opinion poll conducted by FOM-Ukraine in September/October 2009 the turnout expected to be at least 85.1%.[136] [edit] Progressive opinion polls table
The Ukrainian Voters Committee expected (in December 2009) the voter turnout to be 70% and the vote rigging to be at 3-5% of the vote.[157] [edit] International observersThe Ukrainian Foreign Ministry expected (in November 2009) that some 600 international observers will be monitoring the elections.[158] The Organization for Security and Cooperation in Europe (OSCE) will send around 600 long-term and 60 short-term observers to Ukraine to monitor the presidential elections, Ukraine had submitted an invitation to the OSCE to monitor the elections.[159] This electoral observation mission is headed by Swiss diplomat Heidi Tagliavini was officially opened on November 26, 2009.[160] The European Union member-states will send over 700 observers to monitor the elections.[161] The Canada Ukraine Foundation[162] (a Canadian NGO[163]) and the Parliamentary Assembly of the Council of Europe (PACE) will also send observers.[164] The PACE delegation is lead by Hungarian politician Matyas Eorsi.[165] Late November the PACE delegation was sceptical the elections would meet the organization's standards.[165] On December 8, 2009 Renate Wohlwend, co-rapporteur of PACE stated that PACE might continue to monitor Ukrainian politics after the country's presidential election.[166] Wohlwend had also called on the Ukrainian parliament to amend a law on the presidential elections as soon as possible. Wohlwend expressed concern over the inclusion of a provision in Ukraine's electoral legislation giving the election commission the right to amend the electoral rolls on the day of the ballot. She expressed concern this could allow the rigging of the election results.[167] The Polish European Center of Geopolitical Analysis did send 20 observers to monitor signs of xenophobia during the presidential election campaign.[168] On December 9, 2009 candidate Victor Yanukovych at a meeting with an OSCE election observation mission stated that he is afraid Prime Minister Yulia Tymoshenko might rig the presidential election.[169] A total of 450 official observers from the European Network of Election Monitoring Organizations (ENEMO) will monitor the elections.[170] Paweł Kowal lead the delegation of the European Parliament's observers; this delegation included ten people, who cooperated closely with the delegations of observers from the OSCE Parliamentary Assembly, the Council of Europe, the NATO Parliamentary Assembly, and the OSCE Office for Democratic Institutions and Human Rights (ODIHR).[171] [edit] References and footnotes
[edit] External links
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