21:33"Звернення Асамблеї малого та середнього бізнесу України «Про нелегітимність виборів до Верховної Ради України 2012 року»
On illegitimacy of 2012 elections to Ukrainian Verkhovna Rada
The Small and Medium Business Assembly informs hereby everyone on its civic position as regards the illegitimacy of the coming 2012 elections to the Verkhovna Rada of Ukraine due to rough violations of constitutional rights and freedoms of Ukrainian citizens.
For instance, as the article 59 of Ukrainian Law "On elections of people deputies of Ukraine" stipulates that an equivalent of 12 minimal wages (UAH 13244) should be pledged as a collateral for a person to candidate for the elections as a Majoritarian representative, whereas the amount that a political party must pledge to candidate under the proportional representation is 2000 minimal wages (UAH 2 mln 204 thousand) – just to get registered as candidates.
Such collateral requirements are huge, especially when taking into consideration the fact that the majority of Ukrainian population lives below the poverty line as a result of, in fact, stealing of the national wealth of our country by an organized group; such a requirement effectively deprives the absolute majority of Ukrainian citizens of the opportunity to exercise their right to be elected, violating the articles 24, 38 and 71 of the Ukrainian Constitution and can be a reason to recognize the composition of the future, VII Convocation of the Verkhovna Rada as a non-constitutional one.
In accordance with the article 24 part 1 of Ukrainian Constitution, all Ukrainian citizens have equal constitutional rights and freedoms and are equal before the law. By introducing such a significant financial threshold has divided citizens of Ukraine based on their welfare into the two groups; whereby representatives of one of these groups are deprived of their right to be elected to Verkhovna Rada of Ukraine, and that violates the provisions of the Article 24 part 1 of the Constitution of Ukraine.
The Article 24 part 2 of the Ukrainian Constitution stipulates that there can be no privileges or limitations based on race, skin colour, political or religious beliefs, gender, ethnical or social descent, wealth, place of residence, language or any other such feature. The requirement to pledge such significant amount of money as a pre-requisite to candidate, is an obvious discrimination based on a person’s wealth, which is a clear violation of the Article 24 part 2 of the Ukrainian Constitution.
In accordance with the provisions of the Article 38 of the Ukrainian Constitution, the citizens have the right to freely elect and be elected members of central and local state authorities. With regard to this, the presence of the political collateral requirement in such an amount violates the right of citizens of Ukraine to be freely elected to Verkhovna Rada of Ukraine.
In accordance with the Article 71 of the Ukrainian Constitution, elections to the central and local authorities are free, being conducted based on the principles of common, equal and direct suffrage by secret balloting. The necessity to pledge such a significant amount as the collateral also limits the will of citizens to be elected to Verkhovna Rada and violates the principle of the equality of all the citizens, dividing them based on their welfare to be the determining factor in their right to get registered as a candidate to Verkhovna Rada, that also violates the stipulations of the Article 71 of the Ukrainian Constitution.
The Article 37 stipulates that formation and activity of political parties ... whose program aims or actions are directed towards the liquidation of the Ukrainian independence..., undermining its security, unlawful seizing of the state power, ... sawing inter-ethnical, racial, religious hatred, infringement onto human rights and freedoms, their health, etc. are banned. As namely such deeds on the part of some of the participants of the elections can be observed, the elections featuring them as a party to the process cannot be recognized as constitutional ones.
The Article 133 envisages that administrative and territorial composition of Ukraine is made of: Crimean Autonomous Republic, oblasts, raions, towns, city raions, townships and villages, and that namely these territorial units in their full area can comprise electoral districts. Today, it can be observed that electoral districts were formed with a view to political considerations and not based on actual administrative and territorial composition, hence the existing division into the election districts is non-constitutional as well.
In the absence of territorial communities and depriving them of their constitutional right to own their property, the creation and activities of the existing territorial election commissions is also non-constitutional. We hereby call on join the process of dismissal of the existing district election commissions, unlawfully formed in the absence of legitimate territorial communities, and to stop this mess with our own hands.
Considering the fact that, as per the Article 76 of the Ukrainian Constitution, the constitutional composition of the Verkhovna Rada of four hundred fifty people deputies of Ukraine that should be elected by comprehensive, equal and direct suffrage, the above mentioned violations of electoral rights can be the reason for refusal to recognize the newly elected Verkhovna Rada of VII convocation as a constitutional one.
Having realized that the aim of the new Law on the Elections, which has been recently adopted by the so called 'constitutional majority', was to form the two-party system and effectively eliminate any real alternative from the part of the population, who has the exclusive constitutional right to be elected, to remove them from the electoral process, - we demand the return of Ukrainian electoral system back into the constitutional channel and conduction of fair and lawful elections in accordance with the Constitution of Ukraine..
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