Prospects of introduction of the sanction of deprivation of the electoral right for violation of the electoral legislation of Ukraine
DOI:
https://doi.org/10.31548/law2020.02.022Abstract
The article examines the possibility of imposing a sanction of deprivation of the right to vote for violating the election law. It was found that the main measure to protect the voting rights of citizens is legal liability for violations of election law. Persons guilty of violating election legislation, voting rights of voters, candidates, parties (party organizations) – subjects of the election process, shall be prosecuted in criminal, administrative or other manner in the manner prescribed by law.
Statistics related to the violations detected during the two election campaigns were analyzed, which led to the conclusion that a significant number of offenders avoid legal liability for offenses committed in the field of election law. This is due to the imperfection of legal norms, which often do not have a proper implementation mechanism.
It was found that a significant number of European countries, mostly those that are members of the European Union, have provided in their codified laws on criminal liability such a type of punishment as deprivation of suffrage. European human rights standards do not prohibit this type of punishment and do not recognize it as violating the democratic principles of elections that can characterize a democratic society.
It was concluded that the imposition of a sanction in the form of deprivation of the right to vote (the right to vote and the right to run) may be considered inconsistent with the Constitution of Ukraine. Therefore, it was more necessary to pay attention, for example, to the deprivation of the right to be a member of the election commission or an observer, as such an introduction would not restrict the constitutional rights and freedoms of citizens and at the same time could minimize violations of election law.
Keywords: elections, sanction, punishment, criminal liability, deprivation of suffrage, international standards
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