proportional assignments to all single-seat electoral districts, formed on the
territory of the capital of Ukraine – the city of Kyiv (items 6.2, 6.3, 6.4 of Chapter
XV “Final and Transitional Provisions”).
Thus, the Central Election Commission must establish single-seat electoral
districts on the territory of the capital of Ukraine – the city of Kyiv with account of
the number of voters, who at the moment of establishing these districts are
included in the State Register of Voters in the city of Kyiv and having regard to 20
per cent limit of deviation from the determined approximate average number of
voters in single-seat electoral districts, not including the number of voters,
registered in the State Register of Voters, who live or stay abroad.
Under such circumstances the requirement established in the Article 22.2
of the Law regarding proportional assignment of voting stations abroad to all
single-seat electoral districts, formed on the territory of the capital of Ukraine –
the city of Kyiv, with account of the proportion of voters, who live or stay abroad,
and voters in the city of Kyiv, does not comply with Article 18.2 of the Law, which
determined the definite limit of deviation of the number of voters in the singleseat electoral district, namely up to 20 per cent from approximate average
number of voters in single-seat electoral districts.
Proportional assignment of voting stations abroad to all single-seat
electoral districts, formed on the territory of the capital of Ukraine – the city of
Kyiv with account of the number of voters in the city of Kyiv, causes significant
increase in the number of voters, who are not tied with the territorial community
of the city of Kyiv.
Accordingly, the implementation of the provisions of the Law, according to
which the voters, who live or stay abroad, vote for the candidates for the People’s
Deputies of Ukraine in the single-seat electoral districts, formed on the territory
of the capital of Ukraine – the city of Kyiv, does not ensure the reflection of the
will of those voters, who live on the territory of the city of Kyiv.
The provisions of the Law on proportional assignment of voting stations
abroad to all single-seat electoral districts on the territory of the capital of
Ukraine - the city of Kyiv do not ensure equal legal possibilities for the candidates
for the People’s Deputies, who will be running in the single-seat electoral districts
in the city of Kyiv with regard to implementation of their right to be elected the
People’s Deputies of Ukraine, since the possibilities of such candidates to form
free will expression of voters, who live or stay abroad are restricted.
Thus, proportional assignment of voting stations abroad to all single-seat
electoral districts established on the territory of the capital of Ukraine - the city of
Kyiv under Article 22.2 of the Law, does not provide equal and free electoral right
for the voters, who live or stay outside Ukraine and who – under existing
proportional and majority electoral system - implement such right only under
proportional component of the mixed voted system.