Publication date: 08.07.2024
Legal regulation of the electoral process
The electoral process is the basis of a democratic system, ensuring the realization of the will of the people and the formation of government through free and fair elections. The legal regulation of the electoral process in Ukraine determines the procedure for organizing and conducting elections, protecting the electoral rights of citizens, and liability for violations of electoral legislation. In this article, we will review the main aspects of legal regulation of the electoral process in Ukraine, including the legal framework, stages of the electoral process, rights and obligations of voters, as well as challenges and prospects for the development of electoral legislation.
Legal framework
The main legal acts regulating the electoral process in Ukraine are:
- TheConstitution of Ukraine - enshrines the basic principles of the electoral process, including the right of citizens to elect and be elected.
- TheElectoral Code of Ukraine - defines the procedure for organizing and conducting elections of the President of Ukraine, members of the Parliament of Ukraine, members of local councils, village, town and city mayors.
- TheLaw of Ukraine "On the Central Election Commission " - regulates the activities of the Central Election Commission (CEC), which organizes and controls the conduct of elections.
- TheLaw of Ukraine "On Political Parties in Ukraine " defines the procedure for the establishment, operation and financing of political parties participating in the electoral process.
- TheCode of Ukraine on Administrative Offenses and the Criminal Code of Ukraine provide for liability for violations of the electoral law.
Basic principles of the electoral process
Universal suffrage
Universal suffrage provides for the right of all citizens of Ukraine who have reached the age of 18 to participate in elections. This right is fundamental and cannot be restricted on the grounds of race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language or other characteristics.
Equal suffrage
Equal suffrage means that each voter has one vote, and all votes have equal weight. Every citizen has the right to participate in elections on equal terms with other citizens.
Direct suffrage
Direct suffrage means that voters elect their representatives directly, not through electoral college or other intermediary bodies. This ensures direct communication between voters and elected representatives.
Secret ballot
Secret ballots ensure the confidentiality of the electoral process. No one has the right to control how a voter casts his or her vote, which ensures freedom of expression and prevents pressure on voters.
Free and fair elections
Elections should be free and fair, which means that there is no coercion, fraud or other violations of the electoral law. This is ensured by creating equal conditions for all candidates, transparency of the electoral process, and proper control by election commissions and the public.
Stages of the electoral process
Calling the election
Calling an election is the first stage of the electoral process. Elections can be regular, early and repeat. Regular elections are called in accordance with the terms established by the Constitution and laws of Ukraine. Early elections may be called in cases provided for by law, in particular in the event of dissolution of the Parliament or local councils. Re-elections are held in the event that elections are recognized as not having taken place or as invalid.
Nomination and registration of candidates
Candidates are nominated and registered by political parties or through self-nomination. Political parties nominate their candidates at party congresses, while self-nominated candidates submit respective applications to election commissions. After being nominated, candidates undergo the registration procedure at the Central Election Commission or relevant territorial election commissions.
Election campaigning
Pre-election campaigning is an important stage of the election process, which includes holding meetings with voters, distributing campaign materials, appearances in the media, etc. Campaigning must be carried out in accordance with the requirements of the law, which prohibits the use of administrative resources, bribery of voters, dissemination of false information and other violations.
Voting
Voting is the culminating stage of the election process. Voters come to polling stations where they receive ballots, fill them out in secret voting booths and put them into ballot boxes. Voting may be conducted at polling stations, by postal ballot or by electronic voting, if provided for by law.
Counting of votes and announcement of results
After the voting is over, election commissions count the votes. The results of the voting are formalized in protocols, which are submitted to higher election commissions. The Central Election Commission announces the final election results and officially publishes them.
Rights and obligations of voters
Rights of voters
Voters have a number of rights that ensure their participation in the electoral process, including
- The right tovote - every citizen of Ukraine who has reached the age of 18 has the right to participate in elections.
- The right tobe elected - every citizen who meets the requirements of the law has the right to be elected to the authorities.
- Theright to information - voters have the right to receive complete and accurate information about candidates, parties, the election process and election results.
- Theright to secret ballot - voters have the right to vote in secret, without external pressure or control.
- Theright to protect their electoral rights - in case of violation of electoral rights, citizens have the right to apply to the court or other authorities for their protection.
Voter responsibilities
In addition to their rights, voters have certain responsibilities:
- Compliance with thelaw - voters must comply with the requirements of the electoral law, in particular when voting and participating in election campaigning.
- Participationin elections - citizens are obliged to fulfill their civic duty and participate in elections if they are eligible.
- Prevention of violations - voters must refrain from actions that may disrupt the electoral process, including bribery of voters, fraud and other illegal actions.
Challenges and prospects for the development of electoral legislation
Challenges
- Falsifications and viol ations - the problem of falsifications and violations of the electoral process remains relevant. Illegal actions, such as bribery of voters, manipulation of ballots and use of administrative resources, undermine the credibility of elections.
- Lack of transparency - The issue of transparency of the electoral process is also a challenge. Insufficient information about candidates, parties, and election results can cause doubts among voters.
- Political inst ability - Political instability, frequent changes in electoral legislation and political crises can negatively affect the electoral process.
- Technical problems - problems with the organization of voting, in particular at foreign polling stations, insufficient technical equipment of election commissions and other technical problems may complicate the election process.
Development prospects
- Improvement oflegislation - Improvement of the electoral legislation, including adoption of new laws, amendments to existing acts and harmonization of legislation with international standards, will contribute to the quality of the electoral process.
- Strengthening of control - Increased control over the electoral process by election commissions, civil society organizations, international observers and other institutions will help reduce violations and increase confidence in the elections.
- Development of electronic voting - introduction of electronic voting, which can ensure the convenience and accessibility of elections for citizens abroad or those with limited opportunities to vote.
- Raising voter awareness - conducting information campaigns, training programs and other activities aimed at raising voters' awareness of their rights and responsibilities, the electoral process and the importance of participating in elections.
Conclusions
The legal regulation of the electoral process in Ukraine is an important component of the democratic system of the state, which ensures the realization of the will of the people through free and fair elections. The main principles of the electoral process are universal, equal, direct suffrage, secret ballot and ensuring free and fair elections. The legal framework, which includes the Constitution of Ukraine, the Electoral Code and other laws, defines the procedure for organizing and conducting elections, the rights and obligations of voters, and liability for violations of electoral legislation. Overcoming challenges such as fraud, lack of transparency, political instability and technical problems, as well as improving legislation, strengthening oversight, developing electronic voting and raising voter awareness will contribute to the further development of the electoral process in Ukraine.
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