[:uk]
The Central Election Commission examined the complaint submitted by Oksana Romanivna Pashyna-Hryinko, Valeriya Serhiyivna Khrypun, and Olena Vasylivna Chudik. They are official representatives of the initiative groups of voters who initiated the recall of the deputies of the Feodosiyivska Village Council of the Obukhiv District of Kyiv Oblast: D.V. Boyko, R.V. Maksymenko, Yevhen V. Holota, A.O. Pokhodniy, and O.P. Hladush.
In their complaint, they request the following:
- To review the legality of the decisions made by the Obukhiv District Territorial Election Commission on September 3, 2024.
- To annul all illegally adopted decisions of the specified election commission.
- To examine the illegality of the annulment by the Obukhiv District Territorial Election Commission of all decisions made by the Feodosiyivska Village Territorial Election Commission, in particular the resolutions regarding the recall of deputies dated July 24, 2024, Nos. 1 – 5.
The complainants substantiate their demands as follows:
On June 11, 2024, the Obukhiv District Territorial Election Commission, by resolution No. 45, prematurely terminated the powers of seven members of the Feodosiyivska Village Territorial Election Commission. The reasons included refusal to take an oath (four individuals), death (one individual), and departure outside the administrative-territorial unit (two individuals). This, in the opinion of the complainants, unblocked the work of the Feodosiyivska Village Election Commission.
On July 24, 2024, the Feodosiyivska Village Territorial Election Commission, during its meeting, adopted decisions Nos. 1 – 4 on the recall by popular initiative of deputies O.P. Hladush, Yevhen V. Holota, A.O. Pokhodniy, and R.V. Maksymenko. Additionally, a decision No. 5 was adopted to address the Kyiv Regional Organization of the political party “Servant of the People” regarding the recall of deputy D.V. Boyko, elected from this party.
On September 3, 2024, the Obukhiv District Territorial Election Commission considered the complaint of the Kyiv Regional Organization of the political party “Servant of the People,” which requested the annulment of resolution No. 45 dated June 11, 2024, and all resolutions of the Feodosiyivska Village Election Commission, including decisions on the recall of deputies. The complainants assert that although the party’s complaint was not formally satisfied, in fact, all its demands were met on other grounds.
They believe that the annulment of resolution No. 45 is unlawful and infringes upon the voters’ right to free expression of will. Even if the annulment were lawful, it should not affect the decisions of the Feodosiyivska Village Election Commission made between June 11 and September 3, 2024. They also note that the Obukhiv District Election Commission lacks the authority to annul the decisions of the village election commission outside the electoral process, and such actions constitute an overreach of its powers.
In considering the complaint, the Central Election Commission established the following:
According to the Election Code of Ukraine, complaints concerning local elections are reviewed by election commissions in the order and within the timeframes established by law. Decisions or actions of the territorial election commission can be appealed exclusively to the court in the manner defined by the Code of Administrative Court Procedure of Ukraine. An exception is the inaction of the territorial election commission that establishes the results of the elections, which can be appealed to the higher election commission.
Since the complainants are contesting the decisions and actions of the Obukhiv District Territorial Election Commission, the Central Election Commission is not the proper subject for considering such a complaint. According to the legislation, this dispute is subject to the court.
Based on this, the Central Election Commission ruled:
- To leave the complaint without consideration on the merits.
- To send a copy of the ruling to the complainants, the Obukhiv District Territorial Election Commission, and the Feodosiyivska Village Territorial Election Commission.
- To publish the ruling on the official website of the Central Election Commission.
[:]
