Chairman of the Central Electoral Commission

Mr. Mykhailo Riabets

Electoral Headquarters of all subjects of the electoral process

Diplomatic corps of all foreign countries in Ukraine

Representatives of the European Commission in Ukraine

The OSCE Observation Mission in Ukraine

Council of Europe

Dear Mr. Riabets,

The Secretariat of the 'Freedom of Choice' Coalition of Ukrainian NGOs is turning to you with the proposal of examining at the next meeting of the Central Electoral Commission the following facts that are presented in this letter and its attachments, that indicate clear abrogation of electoral laws on the part of subjects of the electoral process and/or the mass media, that break some particular resolutions of Article 10 'The Electoral Process', Article 32 'Financing of the Election of Deputies', Article 34 'The Electoral Fund of a Party (Bloc), and candidates as deputies that have been registered in single mandate constituencies', Article 35 'Top managers of the Electoral Fund', Article 53 'The General Order of Utilising the Mass Media', Article 54 'The General Order of Utilising Electronic (Audio-visual) Mass Media', Article 56 'The Limits Regarding the Conduct of Pre-election Agitation' of the Law of Ukraine 'On the Election of People's Deputies', regarding the financing of election campaigns and maintaining the principle of equality opportunities and possibilities of subjects of the electoral process.

The basis for writing this letter are the results we have obtained during the monitoring of the cost of political advertising of subjects of the electoral process in the mass media, that is being conducted by our organisation during the electoral campaign, together with the Ukrainian chapter of 'Transparency International' organisation within the framework of our project 'Civic Monitoring of the Financing of the Electoral Campaign - 2002'.

We are troubled by the evident and documented facts, which indicate a considerable surpassing of the indicated legal limits of spending by individual subjects of the electoral process during the election campaign. Particularly the norms that are foreseen by Article 35, Point 3 of the Law of Ukraine 'On the Election of People's Deputies of Ukraine' that indicates, that 'the limit of spending of the electoral fund of the electoral funds of a party (bloc) can not exceed five hundred thousand non-taxed minimum wages of citizens..' - thus 255,000 UAH.

Separately we would like to note, that our evaluation is only based on the basis of the calculation of the value of political advertising in the area of the indicated area, mass media of Ukraine, that is included in Appendix 1, and does not include other possibilities of spending by political parties or blocs, such as organizational costs, printed materials, visual advertising and so forth.

We would also like to inform you, that our evaluation of the cost of election advertising has been taking place during the allowed period of time according to Point 1 of Article 50 of the Law of Ukraine 'On the Election of People's Deputies ' the 50-day period provided for pre-election agitation and was based on the basis of Points 6 and 7 of Article 53, and Point 1 of Article 54 of the mentioned above Law. In order to support the results of such monitoring our organisations has the following materials in our possession:

• Documents that support the pricing of a single advertising spot for political advertising by the mass media in accordance to Point 7, Article 53 of the Law of Ukraine 'On the Election of People's Deputies' regarding the value of a single broadcast on air or in the printed media, media space;

• Documented recordings of television and radio broadcasts as well as printed examples that can be attributed to the area of mass media, that have included political advertising for the support of all subjects of the electoral process.

I would like to return to the question at hand, we recognise, that on the basis of our methodology of evaluation and appropriate documentation, as of March 24, 2002, our organisation has determined the value of spending, which exceeds the amount allowed by the Law on the Conduct of the Pre-electoral campaign by the following subjects of the electoral process:

1. Social-Democratic Party of Ukraine (United) at a sum of 9,900,253 UAH
2. 'Zhinky za maibutnie', Women for the Future Party at a sum of 5,461,084 UAH
3. Green Party of Ukraine at a sum of 3,216,835 UAH

These data show, that a considerable, and in some places, numerous times of exceeding expenses allowed by the laws of Ukraine only by one indicator - advertising in the mass media can not be considered an insignificant abrogation during the electoral process. We would like to turn your attention the above list of subjects of the electoral process the included parties (blocs), for which there support that were broadcast or were placed only direct political advertising meaning that their name and/or their graphic logotype. We also ask you to note, that these data do not include the six-day period to Election Day, during which the given indicators will grow considerably.

Thus we consider, that the reason for the Central Electoral Commission to examine other advertising products, that do not include the name of the subject of electoral process adequately, and/or their symbolism, but through an indirect method of presentation. The argument for such examination we consider to be that the use of symbolism, graphic elements, accented extractions and stylistics of this advertising product has already been shown in direct advertising products by participants of the electoral process.

One can consider the political advertising on television, radio and in print that support the Social Democratic Party of Ukraine (United) a clear example of using such a form of political advertising, particularly the broadcasts of individual television advertising under the specific name of 'Year of Social Democracy'. All the graphic elements, stylistics and lexicon of this advertising product can be found in direct television and print advertising of this party. These reasons give the grounding to consider the mentioned before advertising product a part of pre-election agitation on behalf of the SDPU(u).

In our opinion identifying direct political advertising of the election process it is necessary to consider also direct advertising of their official print publications. In the case of SDPU(u), this advertising of the party's newspaper under the name of 'Nasha hazeta +'. Television advertising of this publication on the 'Inter' television channel is always used in a positive context, in both naming this subject of the political process as well as displaying the party logotype.

The mentioned spending on television, radio and print, that uses this method to support and put forth SDPU(u) totals 9,900,253 that is 388 % of the legally permitted norm.

Regarding televised mass media it is worth separately noting that it constantly abrogating Point 6 of Article 6 of the Law of Ukraine 'On the Election of People's Deputies', that dictates that 'during 20 minute period before and after television and radio broadcast of pre-election agitation television or radio programs of a given party (bloc):it is forbidden to in what ever form:to provide any information of the said party (bloc):.' In accordance with this norm we would like to note, that everyday direct political advertising of political parties (blocs) is broadcast before and after news spots or analytical broadcasts on the television channels of Ukraine.

In our opinion it is obvious and documented support that spending has been exceeded for political advertising in the mass media and gives reason to say that the list of all the subjects of the electoral process mentioned above have transgressed all or individual articles of the Law of Ukraine 'On the Election of People's Deputies' that were listed in the first Point of this letter. It is clear, that the recorded amount of political advertising in the mass media could only be caused by those same subjects of the electoral process by not adhering to Point 1, Article 32 where it states 'Expenditures for the preparation and conducting elections of deputies is carried out at the expense of the State budget of Ukraine and the expenses of the election funds of parties (blocs):', Point 3, Article 36, that indicates the limit of spending of five hundred thousand non-taxed minimum wages of citizens, Point 6, Article, where it indicates that 'Pre-election agitation in mass media of all forms of ownership :. Is limited by the expenses of the election fund.' The Law of Ukraine 'On the Elections of People's Deputies' and/or at the fault of the mass media of not adhering to Point 10 Article 54: 'Broadcast time at the cost of election funds of a party (bloc):is provided under an agreement, that is made by the authorised representative of a party (bloc): and television or radio organisation of any type of ownership. Without such an agreement and payment of expenses to the account of television or radio organisation for the provision of broadcast time is forbidden' in accordance to this law.

Besides the results of monitoring of the expenditures of subjects of the election process for advertising in the mass media on the basis of documented recordings of television and radio broadcasts and print media we can also note the systematic and numerous abrogation of Points 3,4,5,6,7, of Article 10; Point1 of Article 11; Point 1 of Article 50; Point 2 of Article 51; Point 1 of Article 53; Point 10 of Article 54; Point 4 of Article 56 of the Law of Ukraine 'On the Election of People's Deputies'. The abrogation of these norms of the law happened many times on the part of the mass media, state and communal forms of ownership, particularly by the First National Television Channel, that transgressed the principle 'equality of all candidates', 'equal opportunities of access to the mass media', 'being impartial towards parties (blocs)' to the advantage of one subject of the election process - the Electoral Bloc 'Za Yedynu Ukrainu'. Currently our organisation is conducting a detailed analysis of these facts and can provide these to the Central Electoral Commission once we have finished our analysis. Once more we would like to draw your attention to the fact that our organization has the documental proof of these facts that we can provide to the CEC.

In our opinion, the facts that are outlined in this letter, create the reason for an individual examination at a meeting of the CEC regarding the financial expenditures of individual subjects of the elections process in their conducting their election campaign and also the activity of the mass media, and also in exercising our right that is foreseen in Point 11 of Article 36 of the Law of Ukraine 'On the Election of People's Deputies', regarding the selective control on the flow of, appearance and use of funds of the mentioned subjects of the election process. The Secretariat of the Freedom of Choice Coalition, requests that you use in a non-postponed activity to provide a public evaluation of the abuses mentioned in this letter that took place during the election process. On our part our organisation is prepared to provide as much support to the CEC in examining the outlined facts of this letter regarding the abrogation of the legislative norms, and to provide the appropriate materials and documents, that we have in our possession.

In regards to these facts brought to light we are turning to the Central Electoral Commission of Ukraine with the request to examine, on the basis of sub-point 5 of Point 2 of Article 49 of the Law of Ukraine 'On the Election of People's Deputies' the question regarding the cancellation of the decision of registration of subjects of the election process based on the given facts 'expenditures of parties (blocs) in an amount, greater than what is laid out this law of the limit of spending of the election funds of a party (bloc)', supported by Point 7 of Article 85 regarding the accountability of individuals of such abrogation's and to conduct a selective control over the activity of the First National Television channel.

We would also like to turn your attention to, that the absence of activity on part of the CEC regarding the facts brought to your attention in this letter and taking the appropriate action may become a cause for laying claim to the results of the elections by subjects of the election process in court and also provoke a negative reaction from the international community regarding how democratic elections were in Ukraine. In our part the Secretariat of the Freedom of Choice Coalition, is prepared to provide you with the results of this monitoring and document evidence of our findings to the Central Electoral Commission or any interested subjects of the elections process and organisations.

In addition our organisation maintains the right to publicise the noted data to the public, participants of the electoral process, law enforcement agencies, judges and appropriate international institutions.

With respect and best wishes,

Vladyslav Kas'kiv,

Head of the Board of the Secretariat of the Freedom of Choice Coalition

• Information on the project and an explanation of the mechanism of monitoring of advertising in the mass media
• List of mass media that was monitored
• General data on the monitoring of subjects of the elections process