Basalaieva A. JUDICIAL REVIEW OF THE ELECTORAL PROCESS AS AN INSTRUMENT OF ELECTORAL RIGHT PROTECTION.

Presented PhD dissertation is devoted to the complex scientific research of judicial review of electoral process as the instrument of electoral rights protection. Within a doctrinal aim, the author’s approach to understanding the category “judicial review of the electoral process” is established. The distinction between such categories as “protection of citizens’ electoral rights” and “preservation of citizens’ electoral rights” is based on the establishment of such criteria as the subjective composition of legal relations and the ways to restore the violated right. It has been revealed that judicial review of the electoral process is realized in direct (by determining the compliance of secondary legislation on the regulation of national and local elections with the requirements of the Constitution of Ukraine; this type of review is carried out in the form of constitutional proceedings) and indirect forms (by resolving existing public disputes, related to the violation of active and passive electoral rights, or by creating the possibility of its violation). The subject-branch orientation of the implementation of constitutional proceedings as a separate type of legal process in the field of protection of electoral rights is characterized thoroughly. The means of implementation of constitutional review over the electoral process include defining the constitutionality of domestic electoral legislation acts, among which, in addition to legislative, there may be other acts of secondary legislation.