Standards for resolving electoral disputes: concepts and their genesis

Abstract

Elections are the cornerstone of any democratic society. They represent the voice of the people and the legitimacy of those in power. It should be noted that ensuring democratic stability and maintaining the integrity of the democratic process directly depends on the standards of electoral dispute resolution, and thus the attention paid to this institution is quite obvious and justified. We believe that from the very beginning of democracy, there were also mechanisms to protect and guarantee it. Therefore, in order to analyse the approaches to the concept of standards in electoral dispute resolution, it is necessary to study their understanding and application in the judicial process, in particular. We believe that from the very beginning of democracy, there were also mechanisms for its protection and guarantee of electoral rights. What is the essence of the concept of «standards for electoral dispute resolution» and is it really necessary? When answering the above questions, we should keep in mind the conflict potential of the electoral institution caused by the thirst for power. In turn, we note that it is the implementation of international standards in the resolution of electoral disputes that will guarantee the proper resolution of such disputes. However, in order to talk about the concept of international standards of electoral dispute resolution, it is necessary to understand the essence of this legal phenomenon. International standards for electoral dispute resolution should be understood as a set of norms adopted in international law and ratified into national legislation under the guise of democratic principles, legal or regulatory acts that promote proper regulation of social relations before, during and after the electoral process in order to ensure citizens’ free, real and fair active and passive suffrage.
 In order to ensure the normal functioning of the electoral system as a whole and to resolve such disputes, standards for their resolution should be developed, improved and unified, but this is already the next topic of our research.