Subnational election harvard

I. Administrative Background

II. Election Process

III. Voters’ Expectations

IV. 2010 Local Elections Results

V. Conclusions

• According to the Constitution Ukraine is an unitary state with a republican form of government.

• Administrative-territorial structure consists of:

–24 oblasts plus Autonomous Republic of Crimea (ARC) – regional level;

–Kyiv and Sevastopol have a special legal status;

–177 cities «of oblast significance»;

–488 rayons – regions are divided into districts («rayons»);

–over 12 000 towns and villages.

•The administrative division in Ukraine was directly inherited from the republican administration system of former Soviet Union – «matryoshka».

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Territorial division

Region (Oblast)

City

District (Rayon)

Town

Village

Region/District Level City/Town/Village Level

• Article 118 of the Constitution states that «executive power in oblasts, rayons and the cities of Kiev and Sevastopol is carried out by local state administrations».

• In practice it means that Local Government bodies delegate (transfer) their executive power to Local State Administrations.

• Local State Administrations main functions are:

– to ensure adherence to the Constitution and the laws of Ukraine as well as presidential decrees;

– to ensure the implementation of national and regional programs for social, economic and cultural development, environmental protection and others;

– to draft and implement oblast and rayon budgets;

– to provide implementation reports on local budgets and programs;

– to coordinate with local self-governments.

De Jure De Facto

Executive power transfer

Domination through budgeting

Executive power

Executive power

• Two-fold structure of Local Government: executive power is separated from representative local bodies.

• On region and district levels local councils delegate their executive power to centralized executive bodies – Local State Administrations, which are controlled by President and Cabinet of Ministers.

• On municipal level Local State Administrations dominate on local executive committees through control of budgeting process.

• De facto violation of subsidiarity principle as well as European Charter of Local Self-Government.

1st year - 2004 Constitution Term

2nd year - 2004 Constitution Term

3rd year - 2004 Constitution Term

4th year - 2004 Constitution Term

5th year - 2004 Constitution Term

Return to 1996 Constitution

• Dates of elections are not in line with the Constitution.

• On average, the Law on Local Elections is amended 2-3 times right before the date of ordinary or extraordinary election.

• Most amendments concern:–Voting system (proportional, mixed, majoritarian);

–Formation of Territorial Election Commissions (TECs), which ascertain the final results of election;

–Subordination of election commissions (on local, district and region levels);

–Registration of candidates and parties.

Rayon Council

50% of seats

50% of seats

Oblast Council

50% of seats

50% of seats

District Level

Region Level

party-list proportional system

«winner-takes-all» system

Parties Registered for

Elections


Elections



Local Level

Mayor

Town/City Council

50% of seats

50% of seats

Mayor

Village Council

100% of seats


Elections


Elections






Brovary – small town near Kyiv.

On 31st of October a voter faces tough choice, having received 7 ballot papers…

Local Level

Mayor

Brovary Town Council

50% - proportional representation

50% - majoritarian representation

Brovary Rayon Council



Kyiv Oblast Council



District Level

Region Level

•Central Voting Commission has established 670 TECs, including 49 TECs – on region and city level.

•These 49 TECs are responsible for control of election process in 25 regions (including ARC), 24 cities (excluding Kyiv).

Source: «Ukrainian Week»

• Balance of party representatives in TECs is shifted in favor of pro-Yanukovich parties.

• Opposition is discriminated.

• Non-parliament parties

are also discriminated.

• Similar cases of «unfair play» were registered throughout Ukraine:

– Kyiv,

– Cherkasy,

– Kharkiv,

– Sumy,

– Ternopil,

– Ivano-Frankivsk,

– Odesa,

– ARC.

Source: UCEPS

Source: UCEPS

Source: UCEPS

Source: UCEPS

Are you ready to take part in protests if the results of Local Elections will be falsified?

Source: UCEPS

Source: Segodnya

Oblast councils, where PR will have majority of seats

Oblast councils, where PR will form coalition with allies



Oblast councils, where PR will be minor partner in coalition

Oblast councils, where opposition will have majority of seats

•Party of Regions has won 2010 Local Elections despite the decline of its public support on nation-wide scale.

• ¾ of Oblast Councils (eldest «matryoshka» level) will be under control of Party of Regions and only ¼ under control of opposition: Svoboda (Ternopil, Lviv, Ivano-Frankivsk oblasts);

BYuT (only Rivne oblast).

•Was the result boosted by falsifications and unfair play? Yes, but this is only one part of the truth. Another part is that the majority of voters consider it as a fair result.

• Infringed system of local government, de facto violation of subsidiarity principle and the European Charter of Local Self-Government.

• Complicated voting system, simultaneous elections to different levels (local, district, region).

• Frequent amendments to the Law on Local Elections.

• Unfair formation of TECs – balance of members is shifted in favor of pro-Yanukovich parties.

• Administrative barriers, «party cloning», unauthorized extra printing of ballot papers and other manipulation techniques.

•Falsification does not mean infringement of democracy.

•High negative expectations about transparency of election process along with low willingness to take part in protests.

•Thus, democracy as well as election process is understood as «free ride» competition of elites.

•Democracy is associated with «disorder», while «order» is more important than democracy.

•On the whole, the first steps, which are needed to be done towards better and more European outlook of local government, are clear:

Decentralization and deregulation of local government;

Budgetary and financial self-sufficiency;

Reform of Local State Administrations system;

Recovery of executive power within local government bodies.

•Will it be for good? The question remains open due to such factors: Understanding of democracy as «free ride» competition of elites;

High level of tolerance to corruption (134th place in 2010, «Corruption Perception Index», Transparency International).

•Deregulation and decentralization of local government can bolster corruption on local level. Thus it should be done step-by-step along with «democracy promotion» programs and anti-corruption fight.

Thank you for your attention!

Date post:	20-May-2015
Category:	News & Politics
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Subnational election harvard

News & Politics