Constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine
S.M. Martelyak, M.O. Martelyak
2021
Uzhhorod National University Herald. Series: Law
The authors raise the urgent issue of ensuring the principles of the election of people's deputies of Ukraine proclaimed by the Constitution of Ukraine and national election legislation. It is noted that the principles of elections of people's deputies of Ukraine are a special legal phenomenon, which embodies the fundamental, fundamental ideas that determine the content and procedure for forming a single legislative body in Ukraine, find expression and manifestation in the legal sphere of
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... y and state and are characterized by such features: 1) reflect the conscious and volitional aspects of elections; 2) these are fundamental ideas, guiding rules, which contain defining guidelines of a guiding nature regarding the elections of people's deputies of Ukraine, a guideline in the formation of suffrage; 3) have a general character, they have an inherent element of generalization, elevated above the specifics; 4) express the essence of suffrage as a system of legal norms governing public relations related to the election of public authorities; 5) is a social phenomenon, the property of the democratic development of the world community. The principles of parliamentary elections determine the content of the electoral process and are characterized by a high level of scientific and theoretical validity, historical accuracy and tried and tested in practice, serve as guidelines and coordinates of legal influence on participants in electoral relations. Based on their importance in the formation of a single legislative body of Ukraine, an important issue is their provision through the appropriate constitutional and legal mechanism. Based on the analysis of doctrinal and legal ideas about the mechanism of the state, the mechanism of legal regulation, the legal mechanism, the conclusion of the constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine is defined by the Constitution and detailed by normative and institutional component, through which the legal influence on public relations on the lawful implementation, protection and defense of the principles of elections of people's deputies of Ukraine is practically carried out. It covers two components: normative (substantive and procedural) and institutional.
doi:10.24144/2307-3322.2021.66.12
fatcat:i2n6tgrrxrd47jcyxgp4t3gjoe