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 35
 

The decision on the impossibility to hold elections or referendums in certain territories entails both security and electoral considerations and it is therefore logical to involve both security and electoral bodies in this decision-making process. The CEC, if retaining decision-making authority on this matter, could decide on (or advise if not the ultimate decision-maker) other steps short of suspension, in line with electoral legislation, while taking into account assessments from or compiled by the NSDC related to the safety and security of organising elections in certain communities. In any case, the CEC should be given the opportunity to participate in the decision-making process by providing electoral expertise and proposing other less restrictive measures to ensure security, in line with the electoral legislation. The Venice Commission and ODIHR recommend revising the draft law in order to ensure adequate involvement of both the CEC and NSDC in the decision-making process.