LEGISLATIVE CONSOLIDATION AND IMPLEMENTATION OF CITIZENS’ SUFFRAGE IN LOCAL ELECTIONS

Abstract

The article is devoted to a comprehensive study of the normative-legal fixing and implementation of citizens’ suffrage in local elections. The attention is paid to the development and establishment of suffrage in local elections in accordance with the legal framework of Ukraine, which regulates the implementation of suffrage at the local level. The article analyzes the main stages of the establishment of the electoral law institute in the local elections in the context of their legal fixing, which made it possible to ascertain that in order to hold elections in the territory of the state that would meet the democratic principles and requirements enshrined in the Constitution of Ukraine, the Laws of Ukraine and international treaties, each of the parties to the election process must adhere to the rules of electoral law, which in turn must be transparent and understandable for all subjects of constitutional law in relations. Based on the analysis of the Laws of Ukraine governing the exercise of the suffrage of citizens at local elections, during the years of Ukraine’s independence to date, it was determined that there were no significant changes in the electoral legislation regarding the exercise of the suffrage of citizens at the local level. The changes in the electoral legislation concerned only some procedural issues, as well as changes in the electoral system in Ukraine as a whole, which, however, suggests that periodic updating of the electoral legislation testifies to the legislator’s hard work in improving provisions that would be consistent with the Constitution of Ukraine and international treaties. As a result of the research, it is proved that with the adoption of the long-awaited Electoral Code of Ukraine, which was repeatedly insisted on by both legislators and experts from different branches of law in justified scientific research, it has both its positive aspects and some disadvantages that can negatively affect local elections in Ukraine in 2020. The issue regarding the subjects of suffrage, where the subjects are determined according to the types of elections in Ukraine, remains unresolved. There is also a lack of provisions that would detail the mechanism for protecting the suffrage of persons with disabilities. At the same time, the Electoral Code of Ukraine, in contrast to the previous Laws of Ukraine, which regulated the suffrage of citizens at local elections, enshrined in its provisions the suffrage of internally displaced persons and labor migrants under the simplified procedure. The conclusions are formulated that the constitutional and legal consolidation of citizens’ suffrage in local elections should be reflected in the Law of Ukraine, namely in the Electoral Code of Ukraine, by means of which it is possible to actually exercise this right for truly democratic elections at the local level based on international experience. It was noted that suffrage, including local elections, is basic in the context of international human rights standards enshrined at the UN and Council of Europe level. The list of suffrage of Ukrainian citizens in local elections is not exhaustive and is therefore open-ended and requires further scientific research and relevant legislative innovations.