ОКРЕМІ ПИТАННЯ ПРОВЕДЕННЯ ЗАГАЛЬНОНАЦІОНАЛЬНИХ ВИБОРІВ В УКРАЇНІ ЯК УМОВИ ЗБЕРЕЖЕННЯ ДЕМОКРАТИЧНОСТІ ВЛАДИ

Abstract

The article is devoted to one of the most sensitive problems in Ukraine today, namely, holding elections during martial law to confirm democratic traditions, ensure human rights and freedoms, and fulfill Ukraine's international obligations. The right to free elections is guaranteed by Article 2 of the Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms: "the high contracting parties undertake to hold elections with reasonable periodicity by secret ballot under conditions that ensure the people's free expression of their opinion during the election of the legislative power”. Among all existing democratic guarantees against the abuse of political power, this document is fundamental.

The author have analysed the objective circumstances that substantially influence on a situation with possibility to organize and conduct elections in the conditions of martial law, in order to set forth own vision on the prospects of acceptance of this decision. According to the author, there is a few serious chellenges, such as: the impossibility of holding elections because of the norms of the Constitution of Ukraine; inability to really provide security against the terrorist threat during the organization and holding election; inability to provide impartial and basic information about the election and carry out extensive outreach on the basic of the rule of law; temporary restriction of political and civil rights and freedoms in connection with martial law makes peaceful assembly impossible, restricts freedom of movement and freedom of speech; problematic issues of implementation of electoral rights of persons who left abroad or were temporarily displaced; voting of military personnel who are in places of hostilities to organize practically impossible.

Reality in Ukraine is forever different and therefore it takes time to develop new tools of interaction of state and society.