The dissertation is focused on studying the conceptual ideas and the development of the author’s paradigm of administrative and legal guaranteeing of the election process in Ukraine, as well as on determining the perspectives for its further development.
It has been stated that the election process is a comprehensive, multifaceted phenomenon that requires a proper legislative framework. The place of the concept of “administrative and legal guaranteeing” in the system of concepts of administrative law science has been specified. The essence and content of such categories as “guaranteeing”, “legal guaranteeing”, “administrative and legal guaranteeing” have been revealed. It provided the opportunity to formulate the author’s understanding of the concept of administrative and legal guaranteeing of the election process in Ukraine.
It has been substantiated that the election process is an integral part of elections, the complex procedural element, which facilitates the citizens to exercise their right to democracy, and the state, in turn, ensures the rule of law, legality and democracy. Elements of the system of administrative and legal guaranteeing of the election process in Ukraine are: entities of administrative and legal guaranteeing, norms of administrative law, legal and organizational forms and methods of their activities, administrative procedures.
It has been established that the methodology of the research of administrative and legal guaranteeing of the election process in Ukraine is represented by two blocks (levels) of scientific cognition: instrumental, theoretical and methodological.
The causal, functional, structural links between the elements of the system of administrative and legal guaranteeing of the election process in Ukraine, as well as the relationships of transformation, development, management have been characterized. The dominant role of administrative procedures in the formation of links between the elements of the system of administrative and legal guaranteeing of the election process in Ukraine has been clarified.
The author has made a distinction between the principles of the election process and the principles of administrative and legal guaranteeing of the election process. The principles of the election process have been defined as the basic provisions, which are the basis for conducting election campaigns and other election procedures.
It has been offered to consider the election process as a kind of non-jurisdictional legal process, which is characterized by purposeful activities of the relevant entities, which in practice implement their own specific (electoral) rights, interests and powers, i.e. endowed with special electoral and procedural legal personality.
It has been proved that the entities of administrative and legal guaranteeing of the election process should be considered those participants in the electoral legal relations who have their own rights and legitimate interests or powers related to specific elections and who implement them on their own initiative.
The essence, main features of forms and methods of administrative and legal guaranteeing of the election process in Ukraine have been revealed. The author has specified the features that make it possible to distinguish the methods of administrative and legal guaranteeing from the methods of administrative and legal regulation of the election process.
