Home > 2.8 Security > UKRAINE - Joint Opinion on the Draft Law "On Improving the Procedure for Establishing the Impossibility of Holding National and Local Elections, All-Ukranian and Local Referendums in Certain Territories and Polling Stations"
 
 
 
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Paragraph 29
 

Proportionality also involves a temporal aspect: the special provision should focus on temporary delay or suspension, whereas the draft law merely foresees that elections/voting will not take place in certain territories. As the Venice Commission has stated on previous occasions, any suspension of the elections should be for the shortest time possible, in line with the fundamental premise that any action should not undermine and should not be seen as undermining the electoral process. Consequently, the Venice Commission and ODIHR recommend explicitly proclaiming in the law that any measures restricting the right to vote and to be elected must be proportional and temporary and elaborating these principles in specific regulations. In particular, when an assessment concludes that elections or referendums organised and conducted in the standard manner cannot be held in some areas due to security concerns then the use of alternative measures to facilitate preserving the right to vote and to be elected must be fully explored.