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Article Organizational and Legal Support of Access to Justice in ElectionDisputes
Authors
Smokovych M.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 4 / 2016
Pages 116 - 128
Annotation

The article is a survey of legal regulation of administrative courts’ activityarrangement with regard to observance by Ukraine of such a fundamental principleof a democratic state as the access to justice inter alia during election disputes consideration.The author distinguishes such elements of accessibility to justice as informational, financialand temporal ones, focusing special attention on the latter, as far as during considerationof election disputes, having regard to their specific nature, promptness of judicial protection ofelectoral rights gains particular importance.Fundamental legal principles of court’s activity arrangement during election process aredetermined. Challenging issues and legal gaps which affect citizens’ free access to justice arerevealed. In conclusion it is noted that currently legal regulatedness of administrative courts’activity during consideration and adjudication of election disputes is not enough for sufficientassurance of access to justice. The issue on court’s activity arrangement during election processis now a subject of regulation mainly of sub legislative regulatory acts, in particular local ones.Therefore the author gives recommendations on how to establish criteria for differentiationof fundamental principles of judicial bodies’ activity arrangement during election process, whichshould be regulated by laws and which ones should be regulated by sub legislative regulatoryacts, in particular local ones.

Keywords election disputes, temporal access to justice, fundamental legal principlesof court’s activity arrangement.
References
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