The principles of electoral law in Ukraine

Jerzy Nikołajew

Abstract

This article is dedicated to the principles of the right to vote applied in the Ukrainian legal system. First, as an introduction the author makes an attempt to define the issue of electoral law principles. Then, various principles of electoral law in Ukraine are described. The first analysed principle is the principle of universality analysed indicating the absence of discrimination on grounds of education, wealth, occupation, gender, or religion. Nevertheless, limitations of age, citizenship or residence qualification are used, that in fact are not inconsistent with the constitutional order of Ukraine and generally accepted international standards. Another described principle is the principle of equality of elections in formal and material terms. Then, the following issues are raised such as: preparation of electoral registers, certificates of the right to vote and equality in the electoral campaign. Another rule of election law in Ukraine concerns directness of elections and is understood in terms of how to choose representatives and the personal participation of voters in the act of voting. From this point of view, the author draws attention to the impact of the voting system on the proces of voting on the party lists. Moreover, in this part of the discussion, there are references to the possibilities of personal voting and postal voting. In the next part of the article the issues of confidentiality of elections are analysed as a counterweight of transparency of elections. Author cites the cases of violation of this rule during the parliamentary elections in 2006. It is important to observe this principle of elections equipment is also suitable polling stations and voluntary participation in the act of voting. Another issue are the possibilities to vote outside the polling station. The paper is closed with the summarizing deliberations, which prove that the established principles of electoral law in Ukraine generally correspond to solutions adopted in other countries.