| Article title |
Principle of Fair Elections in the Election Law of Ukraine
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| Authors |
Kliuchkovskyi Yu.
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| Name of magazine |
Journal «The Student Legal Journal» (Ukrainian language)
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| Issue |
1/2013
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Сторінки
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[21-30]
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| Annotation |
The understanding of the principle of fair elections is proposed in the wide and in the narrow sense. The wide meaning OF this principle demands to comply with the internationally recognized standards of democratic elections as fundamental principles of electoral law; the narrow meaning of the principle of fair elections is a demand of non-falsified elections. The legislative and implementation problems of realization of this principle are considered. The importance of clear legislative regulation of electoral procedures for ensuring legal certainty and for narrowing excessive discretion of electoral commission authority is affirmed. It is shown that some decisions adopted before and during the electoral process of 2012 parliamentary elections have caused substantial violation of the principles of universal and equal right to vote. Some problems of compliance of universal and equal right to stand for elections are considered. The role of special «protective norms» for guaranteeing the fair votes counting procedure is stressed. The consequences of absence of proper regulation of establishing voting results procedure of constituency electoral commissions give evidence concerning necessity to improve legally established electoral procedures for the purpose to guarantee keeping the principle of fair elections. |
| Keywords |
principle of fair elections, standards of democratic elections, right to vote, right to stand for elections, electoral malefactions, abuse of electoral right. |
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References
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