Publication date: 11.06.2024
Municipal elections: legal regulation and practice
Introduction
Municipal elections are an important element of democratic governance, as they provide citizens with the opportunity to influence the formation of local governments. In Ukraine, elections to local councils and for the positions of community heads are regulated by a set of legislative acts that define the procedure for their conduct, the rights and obligations of voters and candidates, as well as the mechanisms for monitoring and appealing election results. This article examines the legal regulation of municipal elections in Ukraine and the practice of their conduct.
Legal framework for municipal elections
The Constitution of Ukraine:
- The Constitution of Ukraine enshrines the principles of democracy and the right of citizens to participate in the management of public affairs, including through elections to local governments.
The Electoral Code of Ukraine:
- The main regulatory act governing the organization and conduct of elections, including local elections. The Code defines electoral systems, procedures for nominating candidates, campaigning, voting and vote counting.
The Law of Ukraine "On Local Self-Government in Ukraine":
- The law defines the status and powers of local self-government bodies, as well as the procedures for their formation through elections.
Law of Ukraine "On Political Parties in Ukraine":
- Regulates the activities of political parties that are key participants in the electoral process, including participation in local elections.
Electoral systems and procedures
Electoral systems:
- Local elections in Ukraine are held under a mixed electoral system that combines elements of the majoritarian and proportional systems. Elections to local councils can be held in multi-member majoritarian districts or in a proportional system depending on the size of the community.
Nomination of candidates:
- Candidates can be nominated by political parties or by self-nomination. The nomination of candidates is accompanied by the collection of voters' signatures in support.
Election campaign:
- The election campaign includes campaigning events, debates, and the publication of programs of candidates and political parties. The law regulates the procedure for campaigning, including the time, place and form of campaigning.
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Voting and vote counting:
- Voting is conducted at polling stations established in accordance with the law. The votes are counted by election commissions, and the results are approved by the relevant authorities.
Practice of municipal elections
Organization of elections:
- Election commissions at the local level are responsible for organizing and conducting elections. They prepare polling stations, conduct voting and count the votes.
Problems and challenges:
- The practice of municipal elections in Ukraine faces a number of problems, such as technical difficulties, shortcomings in the organization of electoral processes, violations of electoral legislation and manipulation by individual candidates or parties.
Control and surveillance:
- Observers from civic organizations, international missions and political parties play an important role in ensuring the fairness and transparency of elections. They monitor the electoral process and record violations.
