THE PROBLEM OF FORMATION OF THE ELECTION COMMISSIONS IN THE SYSTEM OF DEVELOPMENT OF THE FORMS OF REPRESENTATIVE DEMOCRACY IN UKRAINE

Abstract

The article determines that the formation of the election commissions is an important component of the organizational and legal foundations of the electoral process, and therefore it is relevant to identify the main problems of the process. The author states that the procedure for forming the election commissions, in accordance with the national legislation, is determined by the profile election laws, depending on the type of election. The article also analyzes the legal norms that determine the basic dispositions of forming the election commissions. The main problems of formation of the election commissions, such as the principles of recognition of the right to be a member of the election commissions, in particular at the local elections, the legal personality of nominating the candidates for positions in the commission, the issues of relations between the subjects and the objects of the submission, the complexity of the professional training of the members of the election commissions. The article analyzes the criteria that limit the citizens’ right to the membership in the election commissions. Attention is drawn to the absence of a legal norm for recalling a member of the election commission to the lower level at the initiative of the subject of the submission. The problem is also the unclear regulation of the principles of formation of the main election commission, which is the Central Election Commission. The author also points to the existing system of the education and training of the election commission members. Based on the results of determining the problems of formation of the election commissions at different levels, the author proposes to improve the electoral legislation in terms of improving the professional training of the candidates for the office, strengthening the democracy and at the same time more clearly regulating the procedure for forming the main election commission, which is the Central Election Commission, ensuring the motivation of election commissions and the lower link. The author emphasizes the importance of reviewing the approaches to determining the subject of the election commission membership.