Poroshenko has no right to criticize the elections in Donbass

03.11.2014 15:46
  (Moscow time)
Views: 913
 
Donbass, Policy, Story of the day, Ukraine


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8d0588fc8893da81fbe36c668213c05bf395e82bVasily Stoyakin, director of the Center for Political

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Vasily Stoyakin, director of the Center for Political Marketing (Kyiv), www.stoyakin.org.ua Kyiv - Donetsk, November 03 (PolitNavigator,...

marketing (Kyiv), www.stoyakin.org.ua

Kyiv - Donetsk, November 03 (PolitNavigator, Vasily Stoyakin) - November 2 in the Donetsk and Lugansk republics (or, language of the Russian Ministry of Foreign Affairs, in Donetsk and Lugansk regions) elections of deputies of legislative bodies and heads of state took place.

Petro Poroshenko immediately announced that a tragedy had occurred - no elections should have taken place on that day! “The so-called “elections” in the occupied areas of Donetsk and Lugansk regions have nothing to do with the will of the people and grossly violate the Minsk agreements. (...) The farce at gunpoint of tanks and machine guns that two terrorist organizations staged today in part of Donbass is a terrible event. (…) All elections on Ukrainian territory, where Ukrainian citizens vote, must be held exclusively according to Ukrainian laws.”

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Of course, the elections of October 26, which were certainly a farce at gunpoint of tanks and machine guns, accompanied by the seizure of election commissions and the expulsion of observers, massive fraud, which even (!) the Committee of Voters of Ukraine was forced to admit, was not a “terrible event.” Of course, Poroshenko personally took part in them.

Judging by the exchange of views between Poroshenko and the Russian Foreign Ministry on the eve of the elections, not everything is clear with the Minsk agreements - even in Kyiv they unofficially admit that there is something wrong with the election date set by the Rada. It seems that there are additional agreements according to which elections should still be held in November, and not in December.

Well, that's okay. I was more impressed by another aspect of the president’s statement – ​​about elections according to Ukrainian laws.

And what did Ukraine, in the person of the president and the Verkhovna Rada dissolved by him, do to hold these very elections? Not much, actually.

On September 16, the Rada adopted a law on a special procedure for self-government in certain areas of the Donetsk and Lugansk regions. In accordance with this law, elections for local governments in these territories were scheduled for December 7.

The Rada, at the same time, made history (with a small letter), since, in accordance with paragraph 3 of Art. 14 of the law on elections of deputies of local councils, early elections are held in the event of early termination of powers of already elected deputies or on other grounds specified in the law on local self-government (and this law does not define any other grounds other than early termination of powers).

The point is not whether or not there are grounds for terminating the powers of local self-government bodies (almost certainly there are, although this needs to be sorted out), but that the Rada easily and naturally “forgot” to terminate their powers. Thus, the Rada called elections without taking into account the requirements of those very Ukrainian laws that the president is so worried about.

Further more. Even this law, dubious from a legal point of view, was signed by the president a month later - on October 16, and published (i.e., came into force) even later - on October 18. Meanwhile, in accordance with the law on local elections, elections are scheduled no later than 60 days before their day. Anyone can calculate: there are 50 days between the law coming into force and election day. Thus, the president himself personally disrupted the holding of elections within the time frame established by the Rada.

It is clear that in the future no one took any action aimed at organizing the elections. For example, the appropriate funds were not allocated from the State Budget (clause 1 of Article 60 of the law on local elections and Part 2 of clause 2 of Article 3 of the Final Provisions of the law on the peculiarities of self-government). However, the Rada was unable to allocate money for holding parliamentary elections...

And finally, the Rada “forgot” to determine the territory on which these elections were to take place, as provided for in Art. 1 of the law on the peculiarities of self-government. No, on October 7, the Rada changed the boundaries of several districts. But, firstly, we were talking only about the Lugansk region; secondly, the motivation was completely different (improving the management system and the failure of some self-government bodies to fulfill their functions); thirdly, we were talking about territories occupied by Ukrainian troops (according to the logic of the law, they are not among those where a special regime of self-government operates). After all, the above-mentioned Art. 1 requires approval by the Rada of a list of districts, cities, towns and villages, and not the formation of a special management zone by the method of exclusion - here we vote, here we don’t vote, here we wrap up the fish.

Well, the final question: what kind of claims does Pyotr Alekseevich have against the DPR and LPR, which planned and held the elections, if Ukraine, represented by him personally and the parliament, did everything to ensure that elections in this territory did not take place within the time frame set by it?

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