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The role of the Central Election Commission in ensuring the electoral process

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 09.06.2024

The role of the Central Election Commission in ensuring the electoral process

 

Introduction

 

The Central Election Commission (CEC) is the key body responsible for organizing, conducting and monitoring the electoral process in Ukraine. Its activities are regulated by a number of legislative acts that define the functions, powers and responsibilities of the commission. In this article, we will analyze the role of the CEC in the electoral process, the current legislation governing its activities, and the prospects for reform.

 

Current legislation

 

The Constitution of Ukraine

 

The Constitution of Ukraine provides for the establishment and functioning of the Central Election Commission to ensure the conduct of elections and referendums. Article 85 of the Constitution stipulates that the Verkhovna Rada of Ukraine appoints and dismisses CEC members.

 

Law of Ukraine "On the Central Election Commission"

 

This law is the main regulatory act governing the CEC. It defines:

  •  
  • Composition of the CEC: The CEC consists of 17 members appointed by the Verkhovna Rada for a 7-year term.
  •  
  • Powers of the CEC: They include organizing and conducting elections of the President of Ukraine, people's deputies, local elections, national referendums, as well as monitoring compliance with the electoral law.
  •  
  • Funding: The CEC is financed from the state budget.

 

Electoral Code of Ukraine

 

The Electoral Code of Ukraine details the procedures governing the electoral process and the functioning of the CEC. It defines the procedure for organizing elections, the rights and obligations of election commissions at all levels.

 

Functions and powers of the CEC

 

Organization of elections

 

The CEC is responsible for organizing all elections and referendums held in Ukraine. This includes:

  • Preparation of polling stations: Defining the boundaries of polling stations and establishing election commissions.
  •  
  • Registration of candidates: Acceptance and verification of documents of candidates, political parties and blocs.
  • Information support: Development and distribution of information materials for voters.

 

Control over compliance with the law

 

The CEC monitors compliance with the electoral law. This includes:

  •  
  • Monitoring of campaigning activities: Ensuring equal conditions for all participants in the electoral process.
  •  
  • Financial control: Checking financial reports of candidates and political parties.
  •  
  • Consideration of complaints: Receiving and reviewing complaints about violations of electoral legislation.
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Counting votes and announcing results

 

The CEC is responsible for counting votes and officially announcing election results. The Commission ensures transparency of this process and its 

compliance with legal regulations.

 

Challenges and issues

 

Despite the important role of the CEC in the electoral process, there are certain challenges and problems:

  •  
  • Political pressure: CEC members may be subject to political pressure that affects their objectivity.
  • Funding: Inadequate funding may limit the commission's ability to perform its functions.
  • Organization of elections in wartime: Holding elections under martial law or an emergency situation requires additional security measures and organizational efforts.
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