The Committee of Voters of Ukraine calls on the Central Election Commission to immediately unblock the elections in the amalgamated territorial communities.
The elections were blocked after August 9, when the CEC adopted Resolution No. 122 "On Applying to the Verkhovna Rada Committee on Legal Policy and Justice," in which it refused to appoint an election in the amalgamated communities until receiving of clarification of the Verkhovna Rada Committee on Legal Issues policy and justice regarding the designation of such elections.
According to the CEC, the grounds for non-appointment of the election are the recognition of the unconstitutional law "On an All-Ukrainian Referendum" (the decision of the Constitutional Court of Ukraine of April 26, 2018, No. 4-p / 2018). The CEC believes that the abolition of this legislative act could restore the effect of the previous law "On All-Ukrainian and Local Referendums," which, in turn, has a different approach to community amalgamation. In particular, one of the requirements for such amalgamation is the mandatory holding of a local referendum.
The Committee of Voters of Ukraine considers this position of the CEC as legally ungrounded and impedes the exercise of citizens' electoral rights. The old law "On All-Ukrainian and Local Referendums" is officially considered to be invalid (http://zakon3.rada.gov.ua/laws/show/1286-12). No changes in its status has not occurred since the CCU made decision on April 26, 2018. The amalgamation of communities was held in accordance with the Law "On Voluntary Amalgamation of Territorial Communities", which is in force in Ukraine and does not foresee the mandatory holding of local referendums.
In addition, the role of the Verkhovna Rada Committee in resolving this issue is unclear. The Committees of the Verkhovna Rada are not authorized to official interpret the norms of legislation. Their decisions do not have the character of official explanations. These issues fall within the competence of the Constitutional Court of Ukraine. Therefore, the presence or absence of explanations of the Verkhovna Rada Committee should in no way affect the appointment of elections by the CEC.
According to the Constitution of Ukraine, government bodies and their officials are obliged to act only on the basis, within the limits of authority and in the manner provided by the Constitution and laws of Ukraine. According to the Law "On Local Elections", the first local elections are scheduled not later than 70 days before the day they are held. In the case of elections on the last Sunday of October 2018, the elections should be appointed by the Central Election Commission no later then August 17.
According to CVU, the actions of the Central Election Commission are such as to impede the exercise of the electoral rights of citizens. According to preliminary information it were scheduled on October 2018 elections in more than 100 amalgamated communities in which live 1 million people. However, it also speaks of the threat of electoral disruption in other communities, which should be held later. Thus, the activities of the Central Election Commission endanger the further implementation of the decentralization reform in Ukraine.
CVU calls on the CEC to act exclusively within the framework of the current legislation and to appoint the first local elections in the amalgamated communities in the near future. The CEC may also appoint elections for a different date (after October 2018) in the event of amendments to the Resolution No. 32 of February 12, 2016, on the "Procedure for the appointment of the first elections of deputies of village, settlement, city councils of amalgamated territorial communities and heads of corresponding village, settlement, city mayors ".