| Article | Procedural Peculiarities of Electoral Disputes Consideration by Administrative Courts: Practice, Challenges and Perspectives |
|---|---|
| Authors |
Smokovych M.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 5 / 2013 |
| Pages | 200 - 210 |
| Annotation | In the article the author researches some peculiarities of electoral disputes consideration by administrative courts, asserts the lack of unified legal regulation of consideration procedure. Resulting from the survey the author determines that all holders of electoral rights are enabled to appeal to court in the electoral dispute. He ascertains that legal regulation of terms of such disputes consideration doesn’t correspond to the purpose of judicial protection of electoral rights of participants in election processes. The author gives the definition of the election process as a legal phenomenon which is not constant as far as it arises and disappears. He proves that disputes over legal relations related to election process are only disputes which arose from legal relations between subjects of election process and during election process. The author offers to authorize the High Administrative Court of Ukraine to review judgements of district administrative courts and administrative courts of appeal when considering disputes over establishment of elections results. The legislator is obliged not only to extend the ways to restore violated rights of subjects of election processes but also to ensure practical execution of judgements in election cases. |
| Keywords | administrative courts, electoral dispute, voter, appealing to the court, court jurisdiction, case law, term of case consideration. |
| References | |
| Electronic version | Download |