Kornienko V. European electoral standards and constitutional and legal regulation of local elections in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102650

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

22-11-2021

Specialized Academic Board

ДФ 41.086.044

National University «Odessa Law Academy»

Essay

In the dissertation the complex investigation of European electoral heritage, its system and sources, determination of European electoral standards of realization of active and passive electoral law and problematic aspects of their observance in Ukraine was done, due electoral practice of ensuring subjective electoral law in the conditions of special legal regimes. The urgency of the chosen topic is due to the implementation of large-scale political and legal transformations and, in particular, the reform of electoral legislation and legislation on local self-government of Ukraine, aimed at establishing effective local democracy and political rights and freedoms of members of territorial communities. Of particular importance is the strengthening of forms of direct democracy at the local level as a basis for broad participation of citizens in public affairs, strengthening local public initiative, increasing social activity of each member of the territorial community. Achieving this goal is impossible without adhering to the general principles of suffrage and the implementation of European electoral standards in national practice. The object of the study is the legal relations that arise in the field of application of European election standards in the national election legislation of Ukraine on local elections and electoral practice. The subject of the study is European election standards and constitutional and legal regulation of local elections in Ukraine. The purpose of the dissertation research is the constitutional and legal study of European electoral heritage, its system and sources, determination of European electoral standards for active and passive suffrage and problematic aspects of their observance in Ukraine, proper electoral practice of ensuring subjective suffrage in special legal regimes. The author's definition of the term "European election standards" is proposed - as norms of interpretive nature, which fill the principles of suffrage with a generally accepted understanding of their content, determine the minimum level of compliance; as a result of systematization and generalization of the experience accumulated by European states, international regional organizations in the field of elections to public authorities, which is reflected in the recommended international acts; as unified criteria for assessing the compliance of national election legislation and electoral practices, aimed at ensuring that states comply with the minimum required level of regulation in the field of elections. The author's definition of "good electoral practice" has been developed as a positive practical experience gained by national authorities and political actors in the field of elections to public authorities, which corresponds to the generally accepted principles of suffrage, international obligations and European electoral standards. The relationship between the concepts of "general principles of suffrage", "international obligations in the field of elections", "European electoral standards" and "good electoral practice", which constitute the categorical basis of suffrage. It has been argued that the European electoral heritage is an organic component of the European constitutional heritage, a generalizing, dynamically evolving phenomenon based on the general principles of suffrage and international obligations, and includes European electoral standards and good electoral practice. The European electoral heritage is defined as a multilevel system, in which such levels as: universal, regional, supranational and national are distinguished. Compliance with the Basic Law, Ukraine's European integration course and European election standards, legislative enshrinement of the right to vote in local elections of foreigners and stateless persons permanently residing in Ukraine and members of the territorial community are substantiated.

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