Журнал Viche 2015 №16

№16, 2015

Electoral law as a constituent of the constitutional process

The topical issues of electoral legislation as one of key constitutionally judicial institutes are examined, and the electoral system of Ukraine is retrospectively analyzed.
In particular, the authors consider that current searches for optimum for our country model of elections come across the number of both objective and subjective obstacles. It is difficult to define the most optimum electoral system among all (majority, proportional, mixed) which have been tested during 24 years of independence of Ukraine because in practice each of them showed both advantages and disadvantages. The authors pay separate attention to the closed lists, candidates, limited mechanisms of defense of the citizens’ right to vote through the courts, insufficient self-dependence and independence of judicial authorities and election committees, issues of conducting the pre-election agitation.
Therefore, as the authors assert, there are more than enough weak points in the current electoral legislation of Ukraine. However, in their opinion, adoption of new electoral legislation at the All-Ukrainian referendum would become the partial solution of a problem. But there are also certain complications which consist both in skeptical attitude of the society toward referendums in general and in careful attitude of politicum toward its possible results.
Keywords: electoral system of Ukraine, electoral legislation, system of electoral legislation, All-Ukrainian referendum.