The imperativeness and dispositivity of the electoral process in the context of the value approach to the realization of electoral rights

Abstract

The article deals with a complex of problems of modern state-legal reality, the study of which is due to the transformation of the content of traditional methods of legal regulation of electoral relations. Recent changes in the electoral legislation indicate not only the intersection of imperative and dispositive principles in the electoral process, but also the replacement of one method of regulation by another. A significant role in the formation of new electoral procedures is assigned to election commissions, acting as subjects of the creation of “soft” law, whose activities reflect modern socio-cultural processes and a new understanding of public administration. Special attention is paid to the nomination and registration of candidates as the most value-oriented stage in the entire electoral process. Based on the analysis of the legal grounds for the registration of candidates, the author comes to the conclusion that the legislator mediates the forms of implementation of the passive electoral right through certain elements of direct or indirect participation of voters who implement their active electoral right. The development of the main institutions of modern Electoral Law is based on the use of the potential of advanced digital technologies aimed at expanding the rights of participants in the electoral process. The new rules defining the mechanism for the implementation of subjective electoral rights should receive mandatory regulation in the text of the law.