Characteristics of the electoral system of Ukraine through the prism of the electoral code of Ukraine

2023;
: 268-274

Olena Romtsiv "Characteristics of the electoral system of Ukraine through the prism of the electoral code of Ukraine". https://science.lpnu.ua/law/all-volumes-and-issues/volume-10-number-2-38...

Authors:
1
Lviv Polytechnic National University, Institute of Jurisprudence and Psychology

It has been established that the process of constant reform of the electoral legislation has a negative effect on the practice of its implementation. As you know, stable legislation is the most productive, and stable legislation is that which most adequately reflects public needs and provides effective mechanisms for their legal regulation.

In many EU member states, the procedure for preparing and holding elections is determined by the Electoral Code. The Electoral Code allows not only to systematize and unify various types of election procedures, but also to create a legal basis, according to which instead of several normative legal acts, one would operate, which would regulate all legal relations in the electoral sphere without exception. Before the adoption of the Electoral Code, the electoral legislation of Ukraine consisted of an array of laws and regulatory acts that were partially duplicated, and in some cases had differences where there should be a unified approach to legal regulation.

It has been found that the proportional electoral system with open lists, provided for by the Election Code of Ukraine for the elections of people's deputies, has a number of advantages of application in our state, namely: the general interest of citizens in the electoral process will increase, voters will be more careful in choosing worthy candidates; under this electoral system, a direct connection is established between a specific candidate and a voter, because voters know who they are voting for; the influence of corruption schemes will decrease and the chances that the parties will be able to send unprofessional candidates to the Verkhovna Rada of Ukraine will decrease significantly; competition between politicians in the party itself should increase, each deputy will be forced to work so that he is elected by the voters, and not to think about how to buy "passing" seats.

1. Kliuchkovskyi Yu. (2021). Vyborchyi kodeks: blysk i zlydennist kodyfikatsii [Electoral Code: brilliance and poverty of codification] URL: https://supreme.court.gov.ua/userfiles/media/new_folder_for_uploads/supreme/Kluchkovskyj_2021_07_09.pdf  [in Ukrainian].

2. Zakirova S. (2020). Dosiahnennia i vtracheni mozhlyvosti novoho Vyborchoho kodeksu Ukrainy [Achievements and missed opportunities of the new Electoral Code of Ukraine]. Hromadska dumka pro pravotvorennia. № 1 (186). С. 7. URL: http://www.nbuviap.gov.ua/images/dumka/2020/1.pdf [in Ukrainian].

3. KSU publichno rozghliane podannia 45 nardepiv shchodo oskarzhennia vidminy mazhorytarky [The CCU will publicly consider the submission of 45 people's deputies challenging the abolition of the majoritarian party]. URL: https://www.oporaua.org/news/parliament/22996-ksu-publichno-rozgliane-podannia-45-nardepiv-shchodo-oskarzhennia-vidmini-mazhoritarki [in Ukrainian].

4. Kobrzhytskyi V.V. Mazhorytarna i proportsiina vyborchi systemy: perevahy ta nedoliky [Majoritarian and proportional electoral systems: advantages and disadvantages.]. URL: https:// social-science.uu.edu.ua/article/73 [in Ukrainian].

5. Zhemchuzhnykova K. Istoriia vyboriv: vyborchi systemy v Ukraini [History of elections: electoral systems in Ukraine]. URL: http:// www.oporaua.org/news/vybory/election_history/22821-istoriia-viboriv-viborchi-sistemi-v-ukrayini [in Ukrainian].