СУДОВА ПРАКТИКА ЩОДО ВИРІШЕННЯ ВИБОРЧИХ СПОРІВ

Abstract

The article is focused on the analysis of the state of caselaw on implementing administrative proceedings for electoral disputes. The scientific achievements of scholars and the caselaw of the Constitutional Court of Ukraine, the Supreme Court, courts of the I and II instances, as well as administrative legislation have been studied. It has been found out that elections have social value, so they are an important part of society, characterize the degree of democratization of the state and are aimed at implementing the constituent power of the people, ensuring active participation of citizens in political life of the state, creating conditions for bringing citizens closer to power. The authors have revealed the mechanism, which assists citizens to exercise their right to administer public affairs, to form the system of state authorities. It has been emphasized that it can be realized only if there is an effective electoral system and democratic principles and procedures for the formation of representative agencies of state power and local self-government agencies, proper legislative regulation of the status of all subjects of the electoral process. The authors have offered to consider the activity of administrative courts on ensuring judicial protection of election participants as a guarantee of observance of their constitutional rights, since administrative courts both resolve public disputes related to the election process and reduce social tensions in the state. It has been established that the scientific and practical elaboration of caselaw on the implementation of administrative proceedings for election disputes becomes especially relevant given the modernization of the electoral legislation of Ukraine. Problematic issues of caselaw on the implementation of administrative proceedings for election disputes have been revealed.