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BYuT: Local election law will be challenged at Constitutional Court

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July 13, 2010, 3:46 p.m. | Politics — by Interfax-Ukraine
The Bloc of Yulia Tymoshenko (BYuT) is planning to challenge the law on local elections under a majority-proportional system at the Constitutional Court. "We have all grounds, as soon as the law is signed, to appeal to the Constitutional Court," the BYuT faction's deputy chairman and prime minister of the shadow government, Serhiy Sobolev, said at a briefing in Kyiv on Tuesday, July 13.

The lawmaker said there was every possibility of challenging the law in court, despite the fact that a new chairman of the Constitutional Court has recently been appointed.

Sobolev said that the local election law contained at least four clauses contradicting the Constitution of Ukraine.

He said that the law foresaw a deviation from the fifty-fifty proportionality principle during the formation of territorial election commissions. He noted that coalition and opposition members should work in territorial election commissions.

He also said that territorial election commissions formed by coalition representatives would form district election commissions in line with the principle of proportionality.

"[But] nobody knows what the principle of proportionality means," Sobolev said.

He also noted that despite the introduction of a partial majority election system, citizens had been deprived of the right to self-nomination. He said that according to the local election law passed by parliament, only political parties have the right to nominate candidates for the post of mayors of towns and cities.

Sobolev said that the law also contained a clause foreseeing that if any of the candidates "behaves wrongly" in the elections, an electoral commission may cancel his registration.

He said that the BYuT was planning to appeal to the Council of Europe concerning the adoption of this law. In particular, the lawmakers will ask the Council of Europe to draw attention to the non-observance of a number of commitments undertaken by Ukraine, including in conducting fair and transparent elections in connection with the adoption of this law.
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Anonymous July 13, 2010, 3:52 p.m.    

BYT has no program and is going to get crushed in the elections, therefore they try to obstruct democracy. Let the people vote!

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Anonymous July 13, 2010, 4:21 p.m.    

BYT was not &quot;crushed&quot; in the last election, it was (if you can remember back that far) quite close. Had electoral laws not illegally been changed then, the outcome might have been different.

Yes, let the people vote in free and fair elections, supervised by OCSE and with participation of international observers.

Please make more noise for free and fair elections. Perhaps you should support BYT in the court case to protect &quot;your&quot; rights...

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Anonymous July 13, 2010, 5:58 p.m.    

Then problem with BuT is they do not know what they stand for, They are every which way. Their biggest mistake as cow-tailing to Yushchenko and his anti democratic policies. In the end BuT had lost the advantage and all credibility. The Polls have BuT at below 13% support. Our Ukraine 1.5%. The opposition is in disarray and there is no unity or policy that comes close to challenging the current governments rule.

Tymoshenko's cry wolf approach is not gaining any attraction. Its game over for BuT and the opposition parties. United yo9u stand divided you fall.

BuT best approach is to try and advocate Ukraine embracing a full parliamentary model. The adoption of the westminster model where the government of formed by a majority of the legislative assembly/rada.

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Anonymous July 13, 2010, 5:51 p.m.    

Mayors and chairman of local authorities should be elected from and by the local chamber/council. The method of election should be by a open list using Single Transferable voting - Proportional representation and preferential voting system. The size and number of elected representatives for each council needs to be drastically reduced. Some councils have over 100 elected representatives. Reform the structure first then embrace a democratic electoral model.

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Anonymous July 13, 2010, 7:18 p.m.    

The only sensible comment in this line of comments, is the one below, where there actually is a proposal for how electorial system should be, but adress the real issue - fix the structure first, and amount of electorials - then start the work on the electorial model.

However, given what happens in Ukraine these days, there are two major things that will sway the voters this time.

1. The outcome of the IMF deal (before October) as it will be broadcasted and used for what it is worth to ensure all gets the perseption that POR is the svaviour of Ukraine

2. Local programs that are on its way to sweeten the voters by project that will have fast results to create a positive attitude towards electorials in the local communities. These projects are first of all aimed to areas where POR stands weakest, and has most to win.

Regarless of OCSE participation in the local elections, it will be too much for them to process in order to makes any valid statements of how clean the elections are going to be. Just look at the last election, where they actually embraced the election almost only few hours after the results were made.

Whether the local election law is anti-constitutional or not, will just be retorics in this case. If the constiutional court would adress this, they would long time ago, and clarified if there were any issues. Any work by the constiutional court is to slow and too much political burden to it.

Since judiciary and legislative branches of the Ukraine model is not separated properly, there is no hope there will be any objecitve hearing of this issue at all.

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