Publication date: 09.06.2024
Protection of voting rights in Ukraine: theory and practice
Introduction
Protection of voting rights is a fundamental component of the democratic process. It ensures that every citizen has the opportunity to participate in elections and influence the formation of state and local governments. In Ukraine, the protection of electoral rights is regulated by a number of legislative acts and the practice of their implementation. In this article, we will analyze the theoretical foundations of voting rights protection, current legislation and practical aspects of its implementation.
Theoretical basis for the protection of electoral rights
The concept of voting rights
The electoral rights of citizens include:
- The right to vote: The right to participate in elections by voting.
- The right to be elected: The right to stand for election.
- The right to information: The right to receive complete and accurate information about the electoral process.
- The right to appeal: The right to challenge electoral violations in court.
Principles of voting rights protection
The basic principles of voting rights protection include:
- Universality: Every citizen has the right to participate in elections without discrimination on any grounds.
- Equality: All voters have equal opportunities to influence the outcome of elections.
- Secrecy of voting: Voting should be secret to ensure freedom of expression.
- Transparency and accountability: The electoral process should be open to public scrutiny.
Current legislation
The Constitution of Ukraine
The Constitution of Ukraine guarantees the electoral rights of citizens in Articles 38 and 71, which define the right of citizens to elect and be elected to state and local government bodies.
Electoral Code of Ukraine
The Electoral Code of Ukraine is the main legal act regulating the electoral process. It defines the rules for conducting elections, the rights and obligations of voters, candidates, political parties and election commissions.
Law of Ukraine "On the Central Election Commission"
This law regulates the activities of the Central Election Commission (CEC), which is responsible for organizing and conducting elections and protecting the voting rights of citizens.
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Other regulatory acts
- The Criminal Code of Ukraine: Contains articles on criminal liability for violation of electoral legislation.
- The Code of Administrative Procedure of Ukraine: Defines the procedure for consideration of electoral disputes.
Practice of protecting voting rights
The work of the Central Election Commission
The CEC plays a key role in protecting the electoral rights of citizens. It organizes the electoral process, monitors compliance with the law, and considers complaints about violations of electoral rights.
Legal defense
Citizens have the right to challenge violations of their electoral rights in court. Administrative courts consider electoral disputes and make decisions on their resolution.
The role of civil society organizations
Civil society organizations are actively involved in monitoring the electoral process, recording violations and informing the public. They also provide legal assistance to voters in protecting their rights.
