Fake elections on the peninsula: new investigations and the role of collaborators 

At the beginning of September, the occupiers held another “election” in Crimea. The inhabitants of the peninsula were encouraged to vote with both threats and praise. However, voter turnout did not even reach 50%. The action was completely illegal, so the law enforcement agencies of the autonomous republic have started a pre-trial investigation. CrimeaSOS was reported this by the Prosecutor’s Office of the Autonomous Republic of Crimea and the city of Sevastopol. 

“Investigators of the State Security Service of Ukraine in the Autonomous Republic of Crimea are conducting a pre-trial investigation of criminal proceedings on the fact that the occupation authorities of the russian federation held regular elections of “deputies of the State Council of the Republic of Crimea and representative municipal entities of the third convocation” on September 8, 2024, on the temporarily occupied territory (TOT) of Ukraine, Autonomous Republic of Crimea, which has features of the criminal offense provided for in part 5 of Article 111-1 of the Criminal Code of Ukraine”, – the message says. 

The above-mentioned article of the Criminal Code of Ukraine provides for liability for collaborative activity. In particular, it is a participation in the organization and conduct of illegal elections on the TOT, voluntary occupation by a citizen of Ukraine of a position related to the performance of organizational-administrative or administrative-economic functions in illegal authorities created in the temporarily occupied territory, including in the occupation administration of the aggressor state, or voluntary election to such bodies, etc. The sanction of the article provides for 5 to 10 years of imprisonment and a number of other restrictions.  

The Prosecutor’s Office of the autonomous republic notes that the collection of evidence is currently underway. Measures are also being taken to establish evidence of a criminal offense and persons involved in its commission.  

This year, according to the results of the “voting”, three parties entered the occupation Crimean parliament. “United russia” won the most votes (74.87%), the other two – almost equally: Liberal Democratic Party of russia – 5.71%, Communist Party of the russian federation – 5.15%. These data were announced at a briefing in Simferopol by the occupying head of the Crimean election committee Mykhailo Malyshev.  

The mufti of the Crimean Muslims controlled by the occupiers, Emirali Ablaiev, who previously publicly condemned the Crimean Tatars who opposed the occupation and left the peninsula, took part in the “elections”. This year, he was sentenced in absentia under two articles of the Criminal Code of Ukraine (collaborative activity and recognition as legitimate, denial of armed aggression of the russian federation against Ukraine, glorification of its participants). He was sentenced to 12 years in prison. 

At the “voting” he once again declared that the duty of the residents of Crimea is to make a choice for the future of the country. Allegedly, the implementation of planned improvements and inter-confessional stability in the “republic” depend on him. 

Why “elections” on TOT are illegal? 

Elections are a fundamental element of a democratic society, which ensures the right of citizens to participate in the political life of their country. However, when it comes to elections in the territories temporarily occupied by russia, the question of their legitimacy and legality becomes extremely relevant. 

“The so-called “local elections” in Crimea grossly violate the sovereignty and territorial integrity of Ukraine, the norms and principles of international law, in particular the UN Charter. In addition, there was information that the occupiers forced Crimean residents to participate in illegal elections. According to some information, the detainees of the pre-trial detention centre in Simferopol were brought out to vote by force, without asking their consent. Art. 45 of the Regulations concerning the Laws and Customs of War on Land, which is an annex to the IV Hague Convention respecting the Laws and Customs of War on Land, prohibits forcing residents of the occupied territory to swear allegiance to the enemy state”, – says CrimeaSOS analyst Yevhenii Yaroshenko. 

Earlier, the head of the Prosecutor’s Office of the autonomous republic noted that during the entire period of occupation, the legitimacy of the “elections” in Crimea was not recognized by the international community. And citizens of Ukraine who participated in the organization of illegal elections and provided assistance to a foreign state in carrying out subversive activities against Ukraine were committing treason. 

The role of collaborators

Collaborators play a key role in organizing and conducting illegal elections in the occupied Crimea. They hold various positions in administrative structures, “election commissions” and other occupation institutions, ensuring the execution of the instructions of the occupation authorities.  

They participate in the preparation of “polling stations”, the formation of “election commissions” and the provision of technical support for “elections”. Some of them are actively engaged in propaganda aimed at legitimizing the “elections” in the eyes of the local population and the international community.  

At first glance, it may seem strange that this group of criminals also includes employees of publishing offices that provide equipment for committing a crime – printing ballots for holding illegal elections in the occupied territory. 

Since the beginning of 2020, in accordance with the order of the russian government, the only supplier on the territory of the occupied peninsula from which ballots and other necessary materials for conducting “elections” or other illegal events were purchased was JSC “Publishing and printing house “TAVRYDA”.  

“TAVRYDA” printing house handed over two million ballots to the “territorial election commissions” of Crimea for the “voting” scheduled for early September 2024.

Currently, the Ukrainian court is considering the indictment against the general director of the above-mentioned company, who repeatedly facilitated the implementation of “referendums”. His actions qualify as aiding and abetting collaborative activity (Part 5 of Article 27, Part 5 of Article 111-1 of the Criminal Code of Ukraine).  

Since the beginning of 2014, law enforcement officers of the autonomous republic have notified 23 persons of suspicion for organizing and holding illegal “elections” on the peninsula. The pre-trial investigation was stopped in respect of 12 of them on the basis of Part 1, Clause 2 of Article 280 of the Criminal Procedure Code of Ukraine: suspects are hiding from the pre-trial investigation body. In addition, the Prosecutor’s Office of the Autonomous Republic of Crimea and the city of Sevastopol sent 11 indictments to the courts, and 2 guilty verdicts have already been issued.  

“In general, since 2014, a pre-trial investigation has been carried out in 16 criminal proceedings, in the framework of which evidence of criminal activity of persons who participated as candidates for deputies to the legislative bodies of the russian federation and local self-government from the relevant political forces, as members of election commissions, observers etc. and contributed to the holding of elections by the occupying power of the aggressor state on the territory of the Crimean peninsula after the beginning of the full-scale aggression of the russian federation against Ukraine”, – the department informed.