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Peculiarities of Legal Regulation of Elections to the Verkhovna Rada of Ukraine

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 09.06.2024

Peculiarities of Legal Regulation of Elections to the Verkhovna Rada of Ukraine

 

Introduction

 

Elections to the Verkhovna Rada of Ukraine are an important mechanism for exercising people's power and forming the legislative branch of government. Election law defines the rules under which elections are held, ensuring their transparency, fairness and compliance with democratic standards. In this article, we will analyze the main aspects of legal regulation of elections to the Verkhovna Rada of Ukraine, current legislation and prospects for reform.

 

Current legislation

 

The Constitution of Ukraine

The main provisions on elections to the Verkhovna Rada are set out in the Constitution of Ukraine. Pursuant to Article 76, the Verkhovna Rada of Ukraine consists of 450 members of parliament elected on the basis of universal, equal and direct suffrage by secret ballot for a five-year term.

 

Electoral Code of Ukraine

The legal framework for the electoral process is defined by the Electoral Code of Ukraine, which entered into force on January 1, 2020. The main provisions of the Electoral Code regarding the elections to the Verkhovna Rada include:

  • Electoral system: Elections are held under the proportional electoral system with open party lists.
  •  
  • Nomination of candidates: Parties nominate candidates in the national constituency and in regional constituencies.
  • Election campaigning: Rules for election campaigning are established, including restrictions on the use of administrative resources and the media.
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  • Election campaign financing: Sources of funding, spending limits and reporting on the use of funds are defined.
  •  
  • Voting procedure: Regulated organization of polling stations, voting procedures, vote counting, and determination of election results.

 

Other regulatory acts

  • The Criminal Code of Ukraine: Contains articles on liability for violation of electoral legislation.
  • The Code of Administrative Procedure of Ukraine: Defines the procedure for consideration of electoral disputes.

 

Features of the electoral system

Ukraine uses a proportional electoral system with open lists. This means that voters vote for party lists, but can also support individual candidates within those lists. This system is aimed at increasing the transparency and accountability of MPs to voters.

 

Open lists

Voters have the opportunity to influence the order of candidates on party lists, which allows voters to choose not only a party but also specific representatives from that party whom they want to see in the Verkhovna Rada.

 

Regional districts

The country is divided into regional electoral districts, which ensures representation of different regions in the parliament. Each party forms lists of candidates not only at the national level, but also in each regional constituency.

 

Reform prospects

 

1. Reducing the number of deputies

One potential reform is to reduce the number of MPs in the Verkhovna Rada. This issue has been discussed for a long time and has both supporters and opponents. Reducing the number of MPs could help improve the efficiency of the parliament.

 

2. Improving the electoral system

The possibility of further improving the electoral system, including the introduction of electronic voting, which could increase voter convenience and reduce election costs, is discussed.

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