Publication date: 09.06.2024
International election standards and their implementation in Ukrainian legislation
Introduction
International electoral standards are an important benchmark for ensuring democratic and transparent electoral processes. They set out the basic principles that must be respected during elections, such as universal suffrage, equality of votes, secrecy of the ballot, fairness and transparency. In this article, we will look at the main international electoral standards, their significance for
Ukraine and the process of implementing these standards into Ukrainian legislation.
Basic international standards for elections
Documents and organizations
The Universal Declaration of Human Rights (UDHR):
- Article 21: "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."
The International Covenant on Civil and Political Rights (ICCPR):
- Article 25: "Every citizen shall have the right and opportunity ... to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot and shall ensure the free expression of the will of the electors."
OSCE Copenhagen Document (1990):
- Establishes the principles of democratic elections, including universal, equal, direct suffrage by secret ballot.
Principles
Universal suffrage:
- Guaranteeing the right to vote for all adult citizens without discrimination.
Equality of votes:
- Each vote has equal weight.
Secrecy of voting:
- Protecting the voter's right to confidentiality of their choice.
Fairness of elections:
- Ensuring fair voting and counting procedures.
Transparency:
- Openness of the electoral process to public control and observation.
Implementation of international standards in Ukrainian legislation
The Constitution of Ukraine
The Constitution of Ukraine enshrines the basic principles of electoral law in line with international standards:
- Article 38: Guarantees the right of citizens to participate in the management of public affairs, to elect and be elected to public authorities.
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Electoral Code of Ukraine
The Electoral Code of Ukraine, adopted in 2019, is the main legal act regulating the electoral process. It takes into account many provisions of international standards:
Universal suffrage:
- The Code guarantees the right to vote to all citizens of Ukraine who have reached the age of 18.
Equality of votes:
- Requirements for equal distribution of electoral districts are established.
Secrecy of voting:
- Measures are envisaged to ensure the confidentiality of voters' choices.
Honesty and transparency:
- The Electoral Code defines procedures to ensure fair and open elections, including requirements for campaigning, vote counting and announcement of results.
Challenges and prospects
Challenges
Technical implementation:
- Ensuring an adequate technical base for holding elections in accordance with international standards.
Political will:
- The need to ensure political will to comply with the established norms and rules.
