Analysis of mechanisms for appealing against decisions, actions or inactions related to the electoral process in Ukraine

Abstract

The article examines of mechanism for appealing against decisions, actions or inactions related to the election process. It is stated that in the election process there are inevitable disputes that need to be resolved quickly, as the election process is a temporary and fleeting phenomenon. The Electoral Code of Ukraine guarantees the right to appeal against decisions, actions or inactions concerning the election process to a court or election commissions. Ukrainian legislation provides judicial and administrative procedures for resolving election disputes, which differ in the range of entities that have the right to appeal, the subject of appeal, the procedure for reviewing applications, the legal consequences of decisions.
 It was emphasized that the judicial procedure of resolving election disputes is a priority in comparison with the consideration of these disputes by election commissions. A comparative analysis of the Electoral Code of Ukraine and the Code of Administrative Procedure of Ukraine of the subject of judicial appeal, which allowed to trace the numerous problems associated with the use of certain terms and structures, which requires changes in these regulations to harmonize them, which will positively affect the mechanism of protection of the rights and legitimate interests of the subjects of the election process.
 It is noted that not only courts and election commissions are the subjects of resolving election disputes. Such entities include the State Register of Voters and law enforcement agencies. The legal status of the prosecutor in the administrative court process as a subject of protection of citizens' voting rights has been studied.
 Attention is drawn to the fact that accurate and strict observance by administrative courts of the Code of Administrative Procedure of Ukraine during the consideration of disputes concerning legal relations related to the electoral process is a prerequisite for ensuring their proper and prompt resolution to protect the rights, freedoms and interests of voters and others. subjects of the election process.