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The role and importance of observers in the electoral process

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 09.06.2024

The role and importance of observers in the electoral process

 

Introduction

 

Observers play a critical role in ensuring the integrity, transparency and legitimacy of the electoral process. Their presence promotes compliance with electoral laws and standards, reduces the risk of fraud and increases public confidence in the election results. In this article, we will examine the role and importance of observers in the electoral process, the legal framework for observers in Ukraine and the key aspects of their impact on the electoral process.

 

The role of observers in the electoral process

 

Types of observers

 

National observers:

  • These are citizens of the country who represent civil society organizations, political parties or independent institutions. Their goal is to ensure that national electoral laws and standards are followed.

 

International observers:

  • Representatives of international organizations, such as the OSCE, EU, UN and others, who provide an independent assessment of the election's compliance with international standards.

 

Main functions

 

Monitoring of procedures:

  • Observers monitor all stages of the election process, including voter registration, campaigning, the voting process itself, vote counting and the announcement of results.

 

Reporting:

  • After the elections are over, the observers draw up reports in which they note the violations and make recommendations for improving the electoral process.

 

Increasing transparency:

  • The presence of observers helps to reduce the level of fraud and other violations, as their activities are carried out in public.

 

Conflict mediation:

  • Observers can act as mediators in case of conflict situations during the election process.

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Legal basis for the activities of observers in Ukraine

 

Legal framework

 

The Constitution of Ukraine:

  • Guarantees the right of citizens to participate in the electoral process and to exercise public control over elections.

 

The Electoral Code of Ukraine:

  • It regulates in detail the rights and obligations of observers, the procedure for their accreditation, and the requirements for their activities.

 

International agreements and standards:

  • Ukraine is a party to many international treaties that oblige it to provide for international election observation.

 

The influence of observers on the electoral process

 

Positive impact

 

Ensuring the integrity of elections:

  • Observers help to identify and prevent violations, which increases the level of trust in the electoral process.

 

Increase the legitimacy of election results:

  • Thanks to the independent assessment of observers, the election results become more acceptable to both domestic and international actors.

 

Development of democratic institutions:

  • Observation contributes to the improvement of electoral legislation and practice, which in the long run strengthens democratic institutions.

 

Challenges and limitations

 

Restricted access:

  • Sometimes observers face obstacles in accessing polling stations or information about the electoral process.
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