Notification of the results of the President's work can not be recognized as an election campaign

The Supreme Court, as part of the panel of judges of the Cassation Administrative Court, declined to recognize the campaign propaganda by posting on the official Internet representation of the President of Ukraine a message with photo illustrations depicting the President on the results of his working visit.

The relevant ruling in the case No. 855/64/19 was adopted on March 10.

Thus, according to part one of Article 58 of the Law "On the Election of the President of Ukraine", any activity aimed at encouraging voters to vote or not to vote for a certain candidate for the post of President of Ukraine should be attributed to election campaigning.

The absence of such a purpose (the incentive to vote), in the opinion of the court, deprives the possibility of qualifying the official announcement as an election campaign.

In addition, the Supreme Court drew attention to the fact that according to part three of Article 58 of the Law No. 474-XIV, pre-election campaigning does not include official communications during the electoral process (without comments that may have agitational character, as well as video, audio, film, photo-illustrations) about the actions of candidates for the post of President of Ukraine related to the performance of their official powers stipulated by the Constitution or laws of Ukraine.

However, today there is a problem - the lack of proper legal regulation of the creation (registration) and functioning of mass media on the Internet in Ukraine. As a result, it makes it impossible to identify any website, including the information or official page of a public authority, with the media (except when the website is registered in the manner prescribed by law as a media tool). Therefore, according to the Supreme Council, the official Internet representation of the President of Ukraine is not a means of mass media.

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