| Article | Electoral Process: Legal Nature and Subjective Aspect |
|---|---|
| Authors |
Kliuchkovskyi Yu.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 7 / 2014 |
| Pages | 157 - 166 |
| Annotation | Electoral process is considered as a partial case of juridical process. Some attention is paid to a non-jurisdictional character of electoral process. Different approaches to the understanding of electoral process are considered, among them are: activity approach (i. e. realization of rights and interests by corresponding subjects); procedural approach (totality of procedures determining the order of such activity); and normative one (as an institute of objective election law). It is emphasized that the mentioned approaches should not be considered as opposite; nevertheless, it is the purposeful activity of empowered subjects which is the base for a proper understanding of this term. It is important to describe the subjective aspect of electoral process in this connection. The definition of a subject of electoral process is suggested as a participant of electoral legal relations possessing its own rights and legal interests or authority and realizing them on its own initiative. The description of subjects of electoral process corresponding o legally determined list is given, which includes voter, candidate, political party which nominated candidates, official observer, electoral commission. The absence of individual electoral legal personality in state authority bodies and local selfgovernment bodies, their officials, courts, media and some other participants of electoral legal relations is highlighted in the article. |
| Keywords | electoral process, subject of electoral process, electoral procedure, voter, candidate, political party, official observer, electoral commission. |
| References | |
| Electronic version | Download |