Article title Elections in the Mechanism of Functioning of Constitutional State
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 5/2013
Сторінки [30-37]
Annotation The issues of the place and role of elections in the mechanism of functioning of modern constitutional state, specific features of constitutional and legal regulation of the institute of elections in Ukraine, in particular the aspects of the problem of realisation of electoral legislation are highlighted. In particular, it is noted the evolution of the content of «constitutional state» from the period of its occurrence, the role of the institute of «political elections» in this process, and the practice of their fixation in the texts of first constitutions. Separately it is emphasized the pecularities constitutional legal regulation of elections in Ukrainian People’s Republic and in Western Ukrainian People’s republic. In the conditions of functioning of modern constitutional state the most important role plays constitutional provision of the institute of «political elections», its detalisation on the legislative level, mechanisms of proper realization of national electoral legislation.One of the features of realization of national electoral legislation in Ukraine is noticeable participation in it not only of the Parliament and the system of electoral commissions but also of the Government, the Head of the state, courts and the single body of constitutional jurisdiction. Moreover, the last fact not always plays exclusively positive role for the process of approval of the proper role of the elections in the mechanism of the functioning of Ukraine as the constitutional state.
Keywords elections, constitutional state, constitution, Constitutional Court of Ukraine.