Yarmolenko O. Election information support: Ukrainian practice and European experience.

The thesis has theoretically generalized the essence, contents, mechanism, forms and methods of information support in Ukraine. Main problems of this institution in the newly adopted laws on elections have been defined and measures to solve such problems have been developed. This research explains a number of conceptual provisions and notions, practical recommendations regarding European experience and improvement of the constitutional and legal regulation of the information support in Ukraine. Challenges of the general and special informing have been described; recommendations on how to resolve them have been suggested. Based on the results of the analysis it has been found that elections information support by its nature is a complex phenomenon and essentially a subject of study of the political and legal sciences. A concept of viewing the elections information support as a complex political and legal phenomenon has been proposed: а) as an institution of election laws; b) as a specific type of information activity; c) as an integral part of the election process; d) as a component of a system of guarantees of voting rights of the Ukrainian citizens. The essence of the support concept as an activity within the scope of the election process has been studied; a historical development of the information support of elections in Ukraine has been also analyzed. It has been established that this institution is a complex legal mechanism regulating public relations pertaining to the information about elections, about individuals proposed as candidates and about progress of the election process. Contents of the information support have been analyzed by way of determining the underlying principles of informing the electorate, regulating the statutory procedure for informing the electorate by the specific entities, measures to protect the electorate’s interests and interests of the individuals and entities of the election process.The principles of election information support are based on the general principles of electoral law, on principles of information activities during the election period and on principles of realization of the right to information by participants of legal relations. Determinants of formation and development of the electorate information support as an institution of election laws have been defined: granting of the voting right to the citizens of all social classes; development of mass media; the need in regulation of the permanent conflict of interests arising between various individuals due to desirability or non-desirability of legal and political aftereffects of the voting. We have formulated proposals to improve the legislation in terms of informing the voters and proposed to amend the current legislation. Therefore, the study provides the basis for substantiating the below proposal: - to ensure open access to the registered candidates’ confidential biographical data during the election campaign period (excluding addresses, personal telephone numbers, family members personal data); - to recognize media’s and non-governmental organizations’ right to verify reliability of the candidates’ biographical data and apply to court in case any facts proving unreliability thereof are revealed; - to recognize basic principles of ensuring implementation of the principle of freedom of speech during the elections. It has been noted that it is appropriate to consider the international election standards as international standards and a regulatory framework for exercising the citizens’ election rights of a general nature, for the future introduction into the national legislation. Litigation practice regarding information support has been analyzed and following its results it has been determined that the problems of disputes related to the information support are associated with inadequacy of certain standards of the election laws which allow for multiple interpretations; collisions and competitions of these standards with the information legislation standards; absence of recommended litigation practice; inconsistency and discrepancy in applying practices of the European Court of Human Rights by courts; disregarding by courts of recommendations on the election matters. Based on the results of the systemic research of the main types of cases the need to improve the election information support legislation has been determined in relation to the following matters: a) legal status of the candidates’ biographical data; b) ensuring truthfulness, completeness and accuracy of such data; c) ensuring accessibility of such data for voters; d) participation of the media in special information support of the elections; e) implementation of the principle of freedom of speech during elections.