Smokovych M. Theoretical foundations of legal regulation of electoral disputes adjudication by administrative courts

The thesis is devoted to the elucidation of the theoretical principles of legal regulation of the administrative proceeding in the electoral disputes, to the nature of the electoral dispute, to the establishment of its features, models and features of the judicial resolution of electoral disputes, as well as formulating recommendations aimed to improving the legal regulation of the solution of the electoral disputes by the courts. The paper presents an analysis of general theoretical ideas of the principles of legitimation of the government and reveals the role of elections in its maintenance and implementation of the fundamental principles of the democratic organization of society. The content of the principle of popular sovereignty is described through a system of requirements, which nominated in the electoral process in the country. In the thesis it is also given attention to the features of the international and the national (sovereign) standards to ensure effective judicial protection of citizens' electoral rights infringed by organs of state power, local self-government, their officials and officers. It is emphasis that the regulation of electoral relations and consideration of election cases are based on the principle of sovereignty, which constitutes the content of the rules that are the heritage of a sovereign state. It is demonstrated the content of the principle of access to justice in the implementation of justice in matters related to the election process. In addition, it is analysed the general state of the electoral legislation of Ukraine according to the criteria of its efficiency and quality, the main means of overcoming conflicts and particularly their use in the consideration of electoral disputes. It is shown the set of features of interpretation of law in disputes relating to the application of the rules of electoral law, especially the legal review of electoral disputes by administrative courts in Ukraine.