Publication date: 09.06.2024
Peculiarities of the electoral process in martial law and emergency situations
Introduction
The electoral process is the foundation of a democratic society, but its conduct under martial law or emergency situations poses numerous challenges to the state and its citizens. In such circumstances, it is necessary to strike a balance between ensuring public safety and adherence to democratic standards. In this article, we will analyze the main features of legal regulation of the electoral process in Ukraine under martial law and emergency situations, as well as possible prospects for reforms.
Legal regulation of the electoral process in emergency situations
The Constitution of Ukraine
The Constitution of Ukraine ensures fundamental rights and freedoms of citizens, including the right to participate in elections, but provides for restrictions in certain situations:
- Article 64: "Constitutional rights and freedoms of a person and citizen may not be restricted, except in cases provided for by the Constitution of Ukraine."
Law of Ukraine "On the Legal Regime of Martial Law"
This law regulates the procedure for the introduction and implementation of martial law, including possible restrictions on voting rights:
- Article 19: "In the event of martial law, the rights and freedoms of citizens provided for by the Constitution and laws of Ukraine may be restricted."
Electoral Code of Ukraine
The Electoral Code provides for the possibility of postponing or canceling elections in the event of martial law or a state of emergency:
- Article 210: "In the event of martial law or a state of emergency, elections may be postponed to another date."
Features of the electoral process under martial law
Postponement of elections
Under martial law, elections may be postponed or canceled to ensure the safety of citizens and the stability of the state. This decision is made by the Verkhovna Rada of Ukraine upon the proposal of the President.
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Restrictions on campaigning
During martial law, restrictions on election campaigning may be imposed to avoid disinformation and abuse that could
threaten national security.
Ensuring law and order
Under martial law, special attention is paid to ensuring law and order at polling stations. For this purpose, additional law enforcement forces and, if necessary, military personnel may be involved.
Peculiarities of the electoral process in emergency situations
Emergency situations
Emergencies may include natural disasters, man-made accidents, epidemics and other events that pose a threat to the population. In such cases, elections may be postponed or organized in accordance with specific conditions.
Alternative forms of voting
Alternative forms of voting, such as postal or electronic voting, may be used to ensure the participation of citizens in elections during emergencies.
Protection of voters' rights
In emergency situations, it is important to ensure that voters' rights are protected, including the right to receive information and participate in elections. This may require additional measures such as information campaigns and access to polling stations.
Prospects for reforms
Improving legislation
Legislation on the electoral process in martial law and emergency situations should be improved, in particular, to clearly define the procedures for postponing elections and ensuring voters' rights.
