Publication date: 09.06.2024
Local Government Elections: Legal Aspects and Practice
Introduction
Local government elections are an important element of the democratic process in Ukraine, as they give citizens the opportunity to directly influence the governance of their communities. These elections are regulated by a set of legislative acts that ensure their transparency, fairness and compliance with democratic standards. In this article, we will analyze the legal aspects, procedures and practices of local elections in Ukraine.
Current legislation
The Constitution of Ukraine
The main provisions on local self-government are enshrined in the Constitution of Ukraine. Article 140 stipulates that local self-government is the right of a territorial community to independently resolve issues of local importance within the framework of the Constitution and laws of Ukraine.
The Law of Ukraine "On Local Elections"
The Law of Ukraine "On Local Elections" is the main regulatory act governing the conduct of elections to local self-government bodies. It defines:
- Electoral system: Local elections are held under a mixed electoral system, which includes majoritarian and proportional components.
- Nomination of candidates: Local organizations of political parties as well as self-nominated candidates have the right to nominate candidates.
- Election campaigning: Defines the rules for election campaigning, including restrictions on the use of administrative resources and control over campaign finance.
- The procedure for voting and vote counting: Establishes rules for the organization of polling stations, voting and counting.
- The role of the Central Election Commission (CEC): The CEC coordinates the activities of election commissions and ensures compliance with the law.
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Other regulatory acts
- The Criminal Code of Ukraine: Contains provisions on criminal liability for violation of electoral legislation.
- The Code of Administrative Procedure of Ukraine: Regulates the procedure for consideration of electoral disputes.
Features of the electoral system
Majority and proportional components
Local elections in Ukraine are held under a mixed electoral system. This means that some deputies are elected under the majority system (in single-member districts), while others are elected under the proportional system (on party lists). This approach helps to balance the interests of local communities and political parties.
Open lists
Local government elections use an open list system that allows voters to influence the
the order of candidates on party lists. This increases the accountability of candidates to voters.
The practice of holding elections
Organization of the electoral process
The organization of local elections is entrusted to territorial election commissions, which are responsible for preparing and conducting elections. The CEC coordinates their activities and ensures compliance with the law.
Challenges and issues
The process of holding local elections faces certain problems, in particular:
- Financing: There are issues of transparency and legality of campaign finance.
- Administrative resources: The use of administrative resources remains a pressing issue that may affect the election results.
- Voter engagement: The low voter turnout in the local elections indicates the need to increase civic engagement and awareness.
