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Overview of the Resolution of the Central Election Commission dated October 7, 2024, No. 55
Essence of the Matter
On September 9, 2024, a complaint was submitted to the Central Election Commission (hereinafter – CEC) from:
- Pashynoa-Hrynko Oksana Romanivna – official representative of the initiative groups of voters for the recall of deputies of the Feodosiyivska Village Council of the Obukhiv District of Kyiv Region, Boyko D.V. and Maksymenko R.V. (district 2);
- Khripun Valeriia Serhiivna – official representative of the initiative groups of voters for the recall of deputies of the Feodosiyivska Village Council Holota Ye.V. and Pokhodni A.O. (district 1);
- Chudik Olena Vasylivna – official representative of the initiative group of voters for the recall of deputy of the Feodosiyivska Village Council Hladush O.P. (district 4).
The subject of the appeal is the Obukhiv District Territorial Election Commission of Kyiv Region.
Demands of the Complainants
The complainants request that the CEC:
- Examine the legality of the decisions made by the Obukhiv District Territorial Election Commission on September 3, 2024.
- Revoke all illegally adopted decisions of this election commission.
- Examine the illegality of the cancellation by the Obukhiv District Territorial Election Commission of all decisions of the Feodosiyivska Village Territorial Election Commission, in particular, the resolutions regarding the recall of deputies of the Feodosiyivska Village Council dated July 24, 2024, No. 1–5.
Justification of the Complaint
The complainants state the following:
- On June 11, 2024, the Obukhiv District Territorial Election Commission adopted Resolution No. 45, which prematurely terminated the powers of seven members of the Feodosiyivska Village Territorial Election Commission for various reasons (refusal to take the oath, death, departure beyond the administrative-territorial unit).
- The reduction in the number of members and the renewal of the personnel of the Feodosiyivska Village Territorial Election Commission unblocked its work.
- On July 24, 2024, the Feodosiyivska Village Territorial Election Commission adopted resolutions No. 1–4 on the recall by popular initiative of deputies Hladush O.P., Holota Ye.V., Pokhodni A.O., Maksymenko R.V., and Resolution No. 5 on an appeal to the Kyiv Regional Organization of the Political Party “Servant of the People” regarding the recall of deputy Boyko D.V.
- On September 3, 2024, during a meeting, the Obukhiv District Territorial Election Commission considered the complaint of the Kyiv Regional Organization of the Political Party “Servant of the People” dated August 16, 2024, No. 12/98, which requested to revoke Resolution No. 45 dated June 11, 2024, and all resolutions of the Feodosiyivska Village Territorial Election Commission.
- The complaint was formally not satisfied, but all demands were, in fact, satisfied on other grounds.
- The complainants believe that the decision to revoke Resolution No. 45 dated June 11, 2024, is unlawful and infringes upon the right to free expression of will of the voters.
- Even if this resolution is revoked, the decisions of the Feodosiyivska Village Territorial Election Commission made from June 11 to September 3, 2024, remain valid.
- The Obukhiv District Territorial Election Commission is not authorized to revoke decisions of the Feodosiyivska Village Territorial Election Commission outside the electoral process, and the adoption of such decisions constitutes an excess of authority.
Attachments to the Complaint
The following documents are attached to the complaint:
- Resolution of the Obukhiv District Territorial Election Commission dated June 11, 2024, No. 45.
- Statement of Vasylyshyn A.P. dated September 3, 2024.
- Resolutions of the Feodosiyivska Village Territorial Election Commission dated July 24, 2024, No. 1–5.
- Protocol No. 3 of the meeting of the Feodosiyivska Village Territorial Election Commission dated July 24, 2024.
- Complaint of the Kyiv Regional Organization of the Political Party “Servant of the People” dated August 16, 2024, No. 12/98.
- Appeal of the complainants dated September 3, 2024.
- Protocol No. 19 of the meeting of the Obukhiv District Territorial Election Commission dated June 11, 2024.
Explanations from the Subject of the Appeal and Interested Parties
In accordance with the requirements of the legislation, a copy of the complaint was sent to the Obukhiv District Territorial Election Commission and the Feodosiyivska Village Territorial Election Commission with a request to provide written explanations regarding the essence of the complaint.
The Obukhiv District Territorial Election Commission, in a letter dated September 16, 2024, No. 04/09, informed that:
- On September 3, 2024, Resolution No. 51 was adopted, which left the complaint of the Kyiv Regional Organization of the Political Party “Servant of the People” without consideration on the merits.
- By Resolution No. 52, Resolution No. 45 dated June 11, 2024, was revoked, and the Feodosiyivska Village Territorial Election Commission was recommended to bring its work into compliance with the requirements of the legislation and to revoke the resolutions adopted after June 11, 2024.
No explanations from the Feodosiyivska Village Territorial Election Commission were received by the CEC.
Legal Analysis by the CEC
The Central Election Commission analyzes the complaint in accordance with the requirements of the Electoral Code of Ukraine and establishes:
- The complaint concerns issues related to changes in the composition of territorial election commissions that ensure the organization of preparation and conduct of local elections.
- The consideration of complaints regarding local elections is regulated by Section XI of the Electoral Code of Ukraine and the relevant Procedure.
- According to the legislation, decisions or actions of a territorial election commission can be appealed only to the court.
- The Central Election Commission is not the proper subject to consider such a complaint.
Conclusion and Decision of the CEC
Considering the above, the Central Election Commission resolved:
- To leave the complaint of Pashynoa-Hrynko O.R., Khripun V.S., Chudik O.V. without consideration on the merits.
- To send a copy of this resolution to the complainants, the Obukhiv District Territorial Election Commission, and the Feodosiyivska Village Territorial Election Commission.
- To publish this resolution on the official website of the Central Election Commission.
Final Part
The Central Election Commission, guided by the provisions of the Electoral Code of Ukraine and the Law of Ukraine “On the Central Election Commission,” decided to leave the complaint without consideration on the merits, as it is not subject to review by the CEC as an improper subject.
Chairman of the Central Election Commission
O. Didenko
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