The CEC's statement about the completion of the SBU’s work in commissions by March 29 is contrary to DEC resolutions

The CEC's statement about the completion of the SBU’s work in commissions by March 29 is contrary to DEC resolutions

The Central Election Commission (CEC) publicly responded to the information of the "Uspishna Varta" human rights platform about the presence of the SBU at the servers of district election commissions (DECs) on election day and in the counting of votes on March 31st.

The Chairperson of the CEC Tatiyana Slipachuk at a press conference reported that the working groups that include the SBU would finish their work by March 29th. However, at the disposal of "Uspishna Varta" is the resolution of the DEC, from which it follows that the SBU working groups are required to be a part of commissions during the transfer of data on the progress and results of voting.

Tatiyana Slipachuk denies that the Security Service of Ukraine will be able to interfere with the electronic system of data transmission after voting in the presidential elections has taken place.

This was reported by Tatiyana Slipachuk at a press conference, answering the question of “Ukrainski Novini”.

"I recommend reading the decision of the Supreme Court of Ukraine from March 1st, which confirmed the legitimacy of the creation of joint working groups. This court confirmed the right of the CEC to make decisions... concerning the security of the "Vybory" system. I would like to draw your attention to the fact that the CEC resolution sets a time frame for the work of the working groups. They complete their work and submit their reports by March 29th," she said.

On February 18th the CEC adopted resolution No. 334, which instructed the district commissions to establish a working group to ensure the safety and security of the electronic "Vybory" system with the involvement of employees of the SBU and the State Service of Special Communication and Information Protection. The decision stated that the working group shall conduct a review before March 29th, and then the DEC is charged with ensuring the security of the automated information system "Vybory" during voting and the transferal of the results.

At the same time, at the disposal of "Uspishna Varta" are a number of resolutions of district election commissions that regulate the work of working groups with SBU employees as a part of their structure on the day of elections on March 31st.

For example, the resolution of DEC No. 47 (Slavyansk, Donetsk region) on March 12th tasked the working group with ensuring the safety of the elements of "Vybory" and communication channels in the premises of the district election Commission DURING the transmission of information about the progress and results of the vote. The decree specified the names of the 5 members of this working group of the SBU.

After "Uspishna Varta" published information on March 11th about the presence of the SBU in the working groups of the DEC, on March 12th the authorized representative of presidential candidate Anatoly Gritsenko, Ruslan Chernolutsky, said that their legal team intends to appeal CEC decision No. 334.

As was previously reported by "Uspishna Varta", such working groups that include the Security Service aren’t created in all DECs. And not everywhere do they include employees of the SBU in such a quantity. There are DECs that have not heard about such working groups or refuse to report about them. Human rights activists sent a request to the CEC to clarify on what basis staff of the SBU will be included in DECs on the day of voting, and what legislation regulates it.

"Uspishna Varta" is extremely concerned about the situation with the presence of SBU officers at polling stations on election day. As was noted by human rights activists in the interim report on 2019 election observation, there is a trend where some law enforcement bodies (the Security Service of Ukraine and the Prosecutor General's Office of Ukraine) carry out actions and statements in the interests of the incumbent President Petro Poroshenko within the framework of the electoral campaign. Accordingly, the presence of representatives of the SBU at the time of transmitting the results of voting to the CEC may lead to the interference of a state official via the use of their official position in the exercise of powers by the Election Commission.

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