Election-related Legal Opinions and Comments

The Guidelines follow the Venice Commission’s Report on the misuse of administrative resources during electoral processes and the conclusions of the 11th European Conference of Electoral Management Bodies that dealt with this topic on 26-27 June 2014 in Helsinki. In these conclusions, the participants to the Conference invited “the Council for Democratic Elections […] to consider developing guidelines aimed at preventing the misuse of administrative resources during electoral processes”. The guidelines also build upon the OSCE/ODIHR’s election observation findings and recommendations in respect of the misuse of administrative resources. The Guidelines are aimed at assisting national lawmakers and other authorities in adopting laws and initiating concrete measures to prevent and act against the misuse of administrative resources during electoral processes. Therefore, they are not intended as a set of hard rules.

On 22 July 2015, Mr Yehor Soboliev, the Chairperson of the Committee on Corruption Prevention and Counteraction of the Verkhovna Rada (Parliament) of Ukraine sent a letter to the OSCE Office for Democratic Institutions and Human Rights (hereinafter “OSCE/ODIHR”), in which he asked for a review of draft amendments to Some Legislative Acts of Ukraine Concerning Prevention of and Fight against Political Corruption (CDL-REF(2015)031), (hereinafter “the draft amendments”) to assess their compliance with international human rights standards. The draft amendments propose changes to seven different Ukrainian legal acts, namely the Code of Administrative Offences, the Criminal Code of Ukraine, the Law on the Accounting Chamber, the Law on the Elections of the President of Ukraine (hereinafter “Presidential Election Law”), the Law on Political Parties of Ukraine (hereinafter “Political Parties Law”),the Law on Election of Members of Parliament of Ukraine (hereinafter “Parliamentary Elections Law”) and the Law on Prevention of Corruption (hereinafter “AntiCorruption Law”).

The Joint opinion raises key issues and provides indications of areas of concern. The ensuing recommendations are based on relevant international human rights and rule of law standards and OSCE commitments, Council of Europe standards, as well as good practices from other OSCE participating States and Council of Europe member states. Where appropriate, they also refer to the relevant recommendations made in previous ODIHR and Venice Commission opinions and reports