Karmaza O. Observance of the principle of legal certainty as a guarantee of the principle of the rule of law in the electoral legislation of Ukraine: theory, legislation, decisions of the European court of human rights and decisions of the Constitutional Court of Ukraine

DOI: 10.33098/2078-6670.2023..15.27.1.52-60

The purpose of the study is to analyze the features of the protection of the electoral rights of citizens in the election process until February 24, 2022, during the martial law on the territory of Ukraine and after the war period. Method. The methodological basis of the study is the philosophical and legal basis of knowledge of social phenomena, in particular those related to the protection and protection of the rights of individuals (citizens of Ukraine) in the election process. In particular, dialectical, systemic-structural, normative-logical, sociological, comparative-legal methods of cognition are applied. Based on the results of the conducted research, it is proposed to improve the norms of the electoral legislation of Ukraine. The results. The article analyzes the legislative regulation of election processes in terms of compliance with the principle of legal certainty, as one of the elements of the principle of the rule of law. The author’s classification of the resolutions of the Central Election Commission, adopted during the period of martial law on the entire territory of Ukraine, is proposed. A scientific and practical analysis of the concept of “principle of legal certainty” was carried out. The practice of the European Court of Human Rights and the practice of the Constitutional Court of Ukraine in terms of disclosing the content of the principle of the rule of law and its effect in election legislation have been studied. It has been proven that the mechanism for ensuring electoral rights in the post-war period requires scientific discussion and legislative regulation. The practice of the Central Election Commission regarding the application of the principle of the rule of law in the protection of the electoral rights of citizens is highlighted. Scientific novelty. This is the first scientific study of the protection of electoral rights burdened by the effect of the legal regime of martial law on the territory of Ukraine. Practical significance. The results of the research can be used in further scientific articles, in the educational process, as well as by the subjects of the legislative initiative.

Key words: election legislation, resolutions of the Central Election Commission, the principle of the rule of law, the quality of the law, democracy.

References

1. Smokovych, M. I. (2020). Pryntsyp pravovoi vyznachenosti v administratyvnomu sudochynstvi: okremi teoretychni zasady ta praktychne zastosuvannia [The principle of legal certainty in administrative proceedings: some theoretical principles and practical application]. Aktualni problemy derzhavy i prava: zb. nauk. pr., 88, 116-127. (in Ukrainian)

2. Official website of the Central Election Commission. Retrieved from: https://cvk.gov.ua (in Ukrainian)

3. Bernaziuk, Ya. O.(2020). Osoblyvosti zastosuvannia kryteriiu «yakist zakonu» pid chas vyrishennia publichno-pravovykh sporiv [The peculiarities of application of the criterion of “quality of law” during resolution of public disputes]. Pravo i suspilstvo, 5, 6-14. (in Ukrainian)

4. Legal certainty is one of the most important elements of the rule of law, according to the Supreme Court judges. The Supreme Court. (2021, July 01). Retrieved from: https://supreme.court.gov.ua/supreme/pres-centr/news/1145556/ (in Ukrainian)

5. Karmaza, O.O. (2022). Zakhyst spadkovykh prav hromadian v umovakh dii voiennoho stanu: problemni pytannia ta shliakhy yikh vyrishennia [Protection of citizens’ inheritance rights under martial law: problematic issues and ways to solve them]. Realizatsiia ta zakhyst tsyvilnykh prav v umovakh voiennoho stanu: Matvieievski tsyvilistychni chytannia. Materialy mizhn. nauk.-prakt. konf. (Kyiv, 14 zhovt. 2022). (pp. 66-69). K. (in Ukrainian)

6. Holovatyi, S. (2017). Mirylo pravovladdia. Komentar. Hlosarii. [Rule of Law Checklist]. Kyiv: VAITE. (in Ukrainian)

7. Venice Commission Report No. 512/2009 “The Rule of Law” (2011). Pravo Ukrainy, 10, 168-184. (in Ukrainian)