Electoral Qualifications as the Attribute of Democratic Elections (Review Article)

2019;
: 1-6
https://doi.org/10.23939/shv2019.01.001
Received: March 18, 2019
Accepted: April 20, 2019
1
Lviv National Polytechnic University
2
Lviv Polytechnic National University

This article examines voter eligibility/electoral qualifications as a fundamental part of universal suffrage. The authors use as a basis the typology of electoral qualifications, which provides for their division into 3 major groups: technical, protective and discriminative. In this study, we made a detailed analysis of the electoral limitations belonging to each of these three groups. In particular, among technical qualifications, special attention is paid to the analysis of age, citizenship, capacity, and residency requirements. Among protective limitations morality, service, military, and bankruptcy qualifications have been reviewed. A considerable part of the paper is dedicated to investigating of discriminative restrictions of electoral rights, specifically, gender, property, race, religion and other electoral requirements.

The restriction of the electoral rights is viewed through the prism of their transformation within the context of the global democratization process in socio-political systems.

Scientists convincingly demonstrate that the approach to assessment and necessity of applying of electoral limitations has been modified: discriminative qualifications are mostly removed, a large part of protective and technical electoral limitations is also eliminated, another part is strictly constrained by precise conditions for using, which significantly expand electorate and contribute to more comprehensive implementation of citizens electoral rights in comparison with past periods. Researchers of the electoral process emphasize the reasonableness of such electoral qualifications as age, citizenship, residency and capacity requirements concerning active electoral rights. At the same time, more ridged application of electoral limitations is acceptable with regard to passive electoral rights. In this context service, morality, literacy, etc. qualifications must be mentioned.

Aranovskiy, K. (1998). State Law of Foreign Countries. [In Russian]. Retrieved from http://adhdportal.com/book_3450_chapter_43_1._PONJATIE _I_PRINIPY_ IZBIRATELNOGO_PRAVA.html

Bostan, S., Tymchenko, S. (2005). State Law of Foreign Countries: Textbook. [In Ukrainian]. Kyiv: Center for Educational Literature.

Buchyn, M. (2009). Electoral Qualifications and Principles of Universal Suffrage. [In Ukrainian]. In Herald of Kharkiv National University V. N. Karazin: Issues of Political Science, № 839, 122-127.

Buchyn, M. (2016). Democratic Elections in Ukraine: Principles, Mechanisms, and Technologies for Implementation: Monograph. [In Ukrainian]. Lviv: Lviv Polytechnic Publishing House

Buchyn, M. (2012). Democratic Electoral Principles: Political and Legal Aspects of Regulation in Ukraine: Monograph. [In Ukrainian]. Lviv: Lviv Polytechnic Publishing House.

Derevianko, S. (2008). Age qualification of participants in elections and referendums for constitutions of the world: comparative legal analysis. [In Ukrainian]. Elections and Democracy, №1 (15), 17-24.

Kliuchkovskyi, Y.  (2010). The Principle of Universal Suffrage in the Context of Local Elections. [In Ukrainian]. Elections and Democracy, № 4 (26), 11-23.

Kovalchuk, V.  (2013). Passive Electoral Right of Citizens and Expediency of Its Restriction: in the Context of Experience of Parliamentary Elections. [In Ukrainian]. The Law of Ukraine, № 5, 134-143.

Legal Basis of Election Processes –  Elements. (2012). [In Russian]. University of Minnesota Human Rights Library. Retrieved from http://hrlibrary.umn.edu/russian/electionlaw/Relements.html

Lysenko, V. (2015). Election Legislation and Elections in the Modern World. Euro-Asian Region. Edition 4. [In Russian]. Мoscow: Central Election Commission of the Russian Federation,

Maklakov, V. (Ed.). (2001). Constitutional Law: Dictionary. [In Russian]. Moscow: Yurist.

Martseliak, O., Martseliak, S. (2015). Legal Nature and Types of Qualifications in Electoral Law. [In Ukrainian]. Scientific Herald of Uzhgorod National University: Law Series, Edition 33, T. 1, 79-92.

Meier, H. (2005). Suffrage. Book II, [In Ukrainian]. Elections and Democracy, № 4 (6), 66-75.

Meier, H. (2006). Suffrage. Book II. [In Ukrainian]. Elections and Democracy, № 1 (7), 133-148.

Mishin, A.  (2010). Constitutional (State) Law of Foreign Countries: Textbook for Universities. [In Russian]. Moscow: Yustitsinform.

Mialovytska, N. A. (2008). Election Systems: Experience of European States. [In Ukrainian]. Bulletin of the Central Election Commission, № 1 (11), 61-67.

Strashun, B. (Ed.).  (2000). Constitutional (State) Law of Foreign Countries: a Textbook for Students of Law Schools and Faculties. [In Russian]. Мoscow: Publishing House BEK, T. 1-2.