Stanik S. Institution of recall of people’s deputy of Ukraine by voters: problems of theory and practice

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100320

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

24-12-2021

Specialized Academic Board

ДФ 41.086.051

National University «Odessa Law Academy»

Essay

The research solves the scientific task to develop the institute of the People's Deputy of Ukraine’s recall by voters (on materials of single-mandate constituencies) in the theory and practice of national state formation at the present stage of development of the Ukrainian state and society. The main argument in favor of the recall of the People's Deputy of Ukraine is that, taken separately from other institutions of direct democracy, the institution of elections at the present stage can’t ensure the current control of voters over the elected bodies and officials. It provides only periodic monitoring, which is carried out during the next election. In order to implement current control in Ukraine, it is necessary to: a) introduce the institution of recalling parliamentarians by voters; b) carry out further modernization of open voter lists; c) reduce the term of office of the Verkhovna Rada of Ukraine to two years. It is substantiated that the axiological value of the institution of voter recall of the People's Deputy of Ukraine will be to ensure that this person fulfills his main function - to transform the desires and needs of voters into laws. To ensure further democratization of state and public life in Ukraine, it is proposed to provide voters with opportunities to: a) elect a candidate whose election program best meets their vision of further development of the state; b) control over the fulfillment by him of his pre-election obligations enshrined in the pre-election program; c) encourage by re-election in the future or by bringing to constitutional responsibility by recalling a particular parliamentarian for non-fulfillment or improper fulfillment of his / her election program. It was revealed that the recall by voters of the People's Deputy of Ukraine in case of its introduction will be: a) a form of direct democracy; b) a component of the constitutional right of citizens to participate in the management of state affairs; c) a sanction for a constitutional offense consisting in non-fulfillment or improper fulfillment of the provisions of the election program. It is formulated that a People's Deputy of Ukraine is a politician elected by voters to implement an action plan to achieve the goals specified in his election program by exercising the powers granted by the Constitution and current legislation. It is proposed to consider the election program of a candidate for People's Deputies of Ukraine as a public offer (proposal), which is accepted by voters by voting for this particular candidate.

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