Ідеологічні гарантії права обирати та бути обраним до органів публічної влади: питання теорії та практики

Abstract

The purpose of this article is to analyze the system of guarantees of the right to elect and be elected to public authorities and local governments, primarily by emphasizing the existing ideological guarantees. From this follows a number of tasks, namely – on the basis of doctrinal analysis to reveal approaches to the separation of ideological guarantees in the system of existing guarantees of human and civil rights and freedoms; to single out their features, based on the provisions of key regulations of Ukraine in this area; to determine their role and significance for the development of suffrage, proper functioning of the electoral system of Ukraine. The methodological basis of the article is a set of existing various methodological approaches and actual research methods. The main ones are: dialectical, anthropological, axiological, historical, comparative law, system-structural, hermeneutic, sociological and other methods. Scientific novelty. The study of ideological guarantees of the right to elect and be elected to public authorities and local governments showed the lack of a proper doctrinal basis, the presence of a wide range of problems of theoretical and practical nature. Positive changes on this path are the modernization of the national legislation of Ukraine, raising political and legal awareness, legal culture of voters and other subjects of the election process, its proper information support. Conclusions. The legal basis of the existing guarantees of the right to elect and be elected to public authorities and local governments, their various types and forms of implementation are the Constitution of Ukraine, the Electoral Code of Ukraine 2019 and other regulations of Ukraine. Ideological guarantees, as a rule, belong to general social guarantees, along with political, economic, as well as normative-legal, institutional, etc. It should be noted the decisive role and importance of this type of guarantees for the development of suffrage, the proper functioning of the electoral system of Ukraine, the formation of politically conscious, patriotic and responsible citizens, training and professionalism of officials authorized to prepare and conduct relevant elections, official observers, fraud prevention. expression of will, etc. This leads to a longer active study of the outlined areas, the constant attention of scientists and practitioners, the public.Keywords: elections; right to vote; right to be elected; Electoral Code of Ukraine; constitutional guarantees; ideological guarantees; legal awareness; legal culture.