| Article | Subjective Rights Derived from Basic Voting Rights |
|---|---|
| Authors | Kliuchkovskyi Yu. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 10 / 2015 |
| Pages | 122 - 130 |
| Annotation | Based on ideas about three basic voting rights — active, passive and nominating — the problem of nature and content of subject rights of electoral process derived from the basic right to vote. In terms of «mixed» electoral system used in parliamentary elections in Ukraine, it was shown the dependence of the content and scope of the rights derived from the right to be a candidate, from the part of the electoral system in which the candidate is running. Such a violation of equal rights and opportunities derived from passive voting right, inextricably linked to the nature of the electoral system, is discrimination and shows its constitutional insufficiency. The principle of proportional equality of parties — subjects of the electoral process was analyzed. Attention was drawn to the specifics of the nominative and passive voting right, as well as to the derivatives of voting rights associated with realization of one subject’s right by the will of another subject who is entitled to another right, which lets to select such rights as a separate category of passive subjective rights. |
| Keywords | voting rights, derived voting rights, voter, candidate, political party, equality of voting rights, proportional equality, passive rights. |
| References | |
| Electronic version | Download |