Legislation of the judiciary in the administration of justice, as a source of suffrage

Abstract

The article is devoted to the coverage of certain theoretical issues of electoral law of Ukraine. Attention is focused on revealing the terminological features of the category “sources of electoral law”. The opinions of a number of constitutionalist scientists regarding the analyzed concept are given.The author focuses his attention on the peculiarities of judicial law-making, as a special source of electoral law. It is indicated that individual decisions of courts of general jurisdiction, in modern conditions, should be recognized as sources of electoral law, provided that:
 a) they contain norms-precepts that directly affect the regulation of social relations that are the subject of electoral law; b) the effect of these decisions extends to a significant range of subjects of electoral relations;
 c) cause-and-effect (deterministic) relationships between the will of the court and changes in the behavior or activity of thesubjects for which the court’s decision has a relevant significance are clearly tracked.In addition, it is determined, based on logical reasoning, about the need to take into account the nature and place of the acts of the Constitutional Court of Ukraine in the process of analyzing the nature of legal positions, it is possible to assumean organic combination of the issue of attributing the acts of the Court and the legal positions of the Court to the sources of law. Therefore, the legal positions of the Constitutional Court of Ukraine have properties and features that can be characterizedas independent sources of law and the actual impossibility of unequivocally assigning them to any of the well-known sources of law. So, in particular, the legal positions of the body of constitutional justice express the will of the state (after all, they arise as an act of a state body); they are official and generally binding; they play the role of a normative basis in law-making and serve as a guideline in lawmaking and law enforcement for most subjects of legal relations; they have a universal character, that is, they are not the result of a decision and the subject of application in a specific case, but can also be used in similar or similar situations for the purpose of substantiating positions; legal positions are a reflection of legal certainty, and should beformulated in such a way as to prevent their unequal, distorted understanding or improper application; legal positions have a permanent nature, that is, when deciding the following cases, the Constitutional Court of Ukraine is guided by previously expressed legal positions.