Volosheniuk H. Sources of suffrage in Ukraine: problems of theory and practice

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102819

Applicant for

Specialization

  • 081 - Право. Право

14-12-2021

Specialized Academic Board

ДФ 61.051.013

Uzhhorod National University State Higher Educational Institution

Essay

In the dissertation the theoretical and applied research of sources of the suffrage law of Ukraine is carried out. It is concluded that the sources of suffrage are part of the system of sources of constitutional law of Ukraine, which should be understood by the Ukrainian people or public authorities of Ukraine external form of objectification of constitutional law, defining and regulating public relations, which are the subject of constitutional rights of Ukraine, are universally binding, comprehensive and universal, are the basis and perform the integration function of the national legal system, act as a regulatory basis for the formation of other sectoral systems of sources of law, represented by a wide range and various components of legal forms and addressed to special recipients constitutional and legal relations. It is established that the electoral law of Ukraine finds its legal form in the electoral legislation, which consists of various groups of normative acts and is a normative complex - a system of sources of electoral law. The sources of suffrage in Ukraine are characterized by such features as: they are an external form of objectification of legal norms; in essence and content directly express the content of the rules governing the sphere of legal relations arising in the field of formation of representative bodies of public power and they are directly aimed at the realization of people's sovereignty; receive their legal recognition as a result of specific law-making activities of public authorities; provided by all measures of state influence provided by the current legislation; have a political character; combine both substantive and procedural rules, etc. A detailed classification of sources of suffrage in Ukraine according to various criteria (content, range of subjects of lawmaking, hierarchy, legal force, nationality, level of detail, territory and time of action, place and role in legal regulation, form of legal existence, etc.). Some sources of electoral law of Ukraine are characterized: the Constitution of Ukraine, international legal acts, the Electoral Code of Ukraine and electoral laws, by laws. It is concluded that for Ukraine, as for most other countries, the fundamental role in the system of sources of suffrage belongs to the Basic Law, which enshrines the basic principles of constitutional regulation of elections. The author draws attention to the specifics of such a source of electoral law of Ukraine as the decision of the Constitutional Court of Ukraine and emphasizes that the conclusion on classifying decisions of the body of constitutional jurisdiction should not be doctrinal, based on the opinion of leading scholars, but enshrined in law. everything, at the level of the Constitution of Ukraine.

Files

Similar theses