Palahytska H. The principle of general voting law in domestic constitutionalism

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100132

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

19-12-2019

Specialized Academic Board

К 64.051.31

V.N. Karazin Kharkiv National University

Essay

The object of the study is the public relations that are formed in the process of universal suffrage in Ukraine. The subject of the study is the principle of universal suffrage. For the first time: - it is proved that for establishing the legal nature of the principle of universal suffrage, the criterion of “generality” is crucial, which is mediated through the status of the voter and candidate for election position, by establishing certain election criteria; - ascertained absence of direct dependence of passive suffrage on the right to vote, as a result of which there is a conclusion that the criterion of generality is incompatible in determining the relation of the circle of holders of passive suffrage with the circle of holders of the right to vote; - the periodization of the process of modernization of the electoral institute, proposed by I.M. Pankiewicz and 6 basic stages of the evolution of universal suffrage in historically Ukrainian lands were distinguished on its basis: - scientific views on the universal suffrage guarantee system; it is proposed to classify them into regulatory (those that ensure the proper implementation of this principle) and protective (those that protect it), and to supplement this system with information guarantees; - the mechanism of implementation of the principle of universal suffrage in Ukraine through the implementation of the concept of "electronic state"; - understanding of the criterion of universal suffrage in terms of limitations on psycho-intellectual disabilities; were further developed: - theoretical provisions on the principle of universal suffrage, including through the determination of their place in the system of principles of suffrage; - a system of ideas about the legal nature of universal suffrage.

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