Judge of the Supreme Court joins expert dialogue on the implementation of electoral rights

Judge of the Supreme Court in the Administrative Cassation Court Mykhailo Smokovych took part in the expert dialogue entitled “On the Path to the EU: Review of the ODIHR OSCE Recommendations on Elections in Ukraine”. The aim of the event was to ensure the fulfilment of Ukraine’s European integration commitments and to contribute to strengthening the state’s institutional capacity in the areas of democracy, the rule of law, human rights and good governance.

During the event, participants discussed the OSCE ODIHR recommendations arising from election observation missions in Ukraine between 2014 and 2020, proposals from the Central Election Commission, and possible further steps for their consideration (implementation). Particular attention was given to ensuring the electoral rights of citizens with intellectual or psychosocial impairments, as well as to the recognition of voting at a polling station as invalid and the recounting of voters’ ballots.

In the course of discussing the OSCE ODIHR recommendations concerning the procedure by which a district election commission may declare voting at a polling station invalid and recount voters’ ballots, Mykhailo Smokovych emphasised that it is important for a court not only to understand the letter of the law, but also the legal content and purpose of each provision.

The speaker recalled that administrative courts have been exercising oversight of the electoral process and referendums for 20 years now, in accordance with the provisions of the Code of Administrative Procedure of Ukraine. Since the 2006 parliamentary elections, the judicial system has been actively cooperating with the Central Election Commission, the Verkhovna Rada of Ukraine and international partners (OSCE ODIHR). The speaker stressed that it is the court that has the final say in electoral disputes, and therefore judges seek to participate in improving legal regulation so that elections in Ukraine meet international standards.

Mykhailo Smokovych also raised the issue of the appointment of elections. He noted that the Administrative Cassation Court within the Supreme Court had considered several claims regarding the appointment of elections for the President of Ukraine. The position of the Administrative Cassation Court and the Grand Chamber of the Supreme Court is consolidated: according to the Constitution of Ukraine and the Law of Ukraine “On the Legal Regime of Martial Law”, the electoral rights of citizens may be restricted during martial law.

Among the challenges of the present day, the speaker highlighted the operation of the Unified Judicial Information and Telecommunication System (UJITS). In his view, the use of electronic accounts in electoral cases requires improvement, particularly in the context of communication with district election commissions. Since the issue of declaring voting invalid directly affects election results and the overcoming of the electoral threshold, the procedures must be as clear as possible.

In addition, during his speech, Mykhailo Smokovych referred to Austria’s experience in handling electoral disputes in the context of presidential elections.

The expert dialogue was organised by the Central Election Commission in partnership with the International Foundation for Electoral Systems (IFES), the International Institute for Democracy and Electoral Assistance (International IDEA), and the OSCE Office for Democratic Institutions and Human Rights (OSCE ODIHR).