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Legal mechanisms to ensure transparency and accountability of the electoral process

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 09.06.2024

Legal mechanisms to ensure transparency and accountability of the electoral process

 

Introduction

 

Transparency and accountability of the electoral process are fundamental principles of a democratic system. Elections that are conducted in an open and fair manner contribute to public confidence in state institutions and the legitimacy of the government. Ukraine has a number of legal mechanisms aimed at ensuring transparency and accountability of the electoral process. In this article, we will review the current legislation that regulates these aspects and discuss possible ways to improve them.

 

Current legislation

 

The Constitution of Ukraine

 

The Constitution of Ukraine enshrines the basic principles of elections, including their transparency and accountability:

  •  
  • Article 38: "Citizens have the right to participate in the management of state affairs, in national and local referendums, to freely elect and be elected to state and local government bodies."

 

Electoral Code of Ukraine

 

The Electoral Code of Ukraine defines detailed procedures for conducting elections, ensuring their transparency and accountability:

 

Article 3: "Elections of deputies and the President of Ukraine shall be held on the basis of universal, equal and direct suffrage by secret ballot."

 

Article 12: "Transparency of the electoral process shall be ensured through openness to observers, media representatives, as well as through the publication of electoral documents."

 

Law of Ukraine "On the Central Election Commission"

 

This law regulates the activities of the Central Election Commission (CEC), which plays a key role in ensuring the transparency of elections:

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  • Article 2: "The Central Election Commission is a permanent collegial state body that ensures the organization of preparation and conduct of elections."

 

Mechanisms to ensure transparency and accountability

 

Observers

Independent observers, both domestic and international, play an important role in ensuring the transparency of elections. They have the right to be present at all stages of the electoral process, from candidate registration to vote counting.

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Publication of information

 

The law requires the publication of key electoral information, including voter lists, financial reports of candidates and parties, and voting results on the CEC website.

 

Video surveillance

 

The use of video surveillance at polling stations helps prevent possible fraud. The video recording can be used as evidence in case of disputes.

 

Financial accountability

 

Candidates and political parties are required to submit financial reports on the sources and use of funds spent on election campaigns. This ensures transparency of funding and prevents corruption.

 

Prospects for improvement

 

Implementation of the latest technologies

 

The use of new technologies, such as e-voting and blockchain, can significantly increase the transparency and accountability of the electoral process. This will reduce the potential for fraud and ensure a more accurate vote count.

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