Publication date: 09.06.2024
Legal regulation of election campaigning: restrictions and liability
Introduction
Election campaigning is an important element of the democratic electoral process, allowing candidates and parties to communicate their programs to voters. However, in order to ensure a level playing field for all participants in the electoral process and to prevent abuse, campaigning activities are regulated by law. In this article, we will analyze the legal regulation of election campaigning in Ukraine, existing restrictions and liability for their violation.
Current legislation
Electoral Code of Ukraine
The Electoral Code of Ukraine is the main legal act regulating election campaigning. The main provisions include:
- Start and end of campaigning: Election campaigning begins with the registration of a candidate or party and ends the day before election day.
- Forms of campaigning: Campaigning may be conducted through the media, public events, distribution of printed materials, and the Internet.
- The right to campaign: Candidates, parties, and their proxies have the right to campaign, but it must be conducted within the legal framework.
The Law of Ukraine "On Elections of the President of Ukraine"
This law regulates specific aspects of election campaigning during the presidential elections in Ukraine. The main provisions include:
- Campaign financing: Campaign expenses are covered by the candidates' election funds.
- Prohibition on campaigning in public authorities: Campaigning is prohibited on the premises of state bodies, local self-government, as well as at enterprises, institutions and organizations.
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Restrictions on election campaigning
Prohibitions and restrictions
Certain prohibitions and restrictions are in place to prevent abuse in the course of election campaigning:
- Prohibition on bribery of voters: It is prohibited to provide voters with money, gifts or other material assets in exchange for votes.
- Restrictions on the use of administrative resources: It is prohibited to use official position or resources of state bodies for campaigning.
- Ban on campaigning on the day of silence: The day before the election and on election day, all campaigning is prohibited.
Liability for violations
Violation of election campaigning rules is punishable by administrative, criminal or other liability:
- Administrative liability: Violators may be subject to fines for administrative offenses.
- Criminal liability: In the case of serious violations, such as vote buying, the perpetrators may be held criminally liable.
- Denial of registration: The CEC has the right to refuse to register a candidate or cancel registration in case of violations of the election campaign law.
Problems and prospects for reforms
Problems.
Despite the existence of clear legislative norms, there are problems in the process of election campaigning:
- Insufficient control: Lack of effective control over compliance with the law by the relevant authorities.
