INTERNATIONAL ELECTORAL STANDARTS AS BASIS OF MODERN PRINCIPLES OF RIGHT TO VOTE

Abstract

Background. International legal standards are modern phenomenon, with which all legal systems are saturated in the conditions of globalization and interstate integration. When writing the article, methods of researching international standards were used as sources of international law, which were part of the legislation of various states. A method of comparing the experience of applying international standards and a method of analyzing the ways to improve international standards and legislation of Ukraine were also used.

International standards are characterized in the article. Also, the analysis of various approaches to the understanding of international legal standards as values, principles, legal obligations, criteria, models, certain regulatory requirements, legal norms, elements of procedure is carried out, due to the extremely wide range of international standards, which really have a different legal nature and, as a result, different content manifestation in terms of the way of regulating social relations. The study of international standards is considered on the basis of Universal declaration of human rights of 1948, The international Covenant on Civil and Political rights dated by year 1966, European Convention on Human Rights dated by year 1950.

Methods. The article uses methods of researching international standards as sources of international law, which are part of the legislation of different states, namely dialectical and pragmatic methods. It also uses the method of comparing the experience of applying international standards and the method of analyzing ways to improve international standards and legislation of Ukraine. The method of comparing the experience of applying international standards and the method of analyzing ways to improve international standards and legislation of Ukraine are also used.

Results. Modern approaches to the classification of international standards are analyzed. According to classification, international electoral standards after legal force are divided into an obligation and unobligation. To the obligation standards belong contractual standards; that is envisaged in the international and legal agreements of different distribution and value. Special attention is spared to practice of ECHR. ECHR in business Х against the United Kingdom marked the importance of observance of principle of free elections and secret vote, also mentioned a necessity of their realization with clever periodicity.

It is noted that in the practice of the ECHR, the principle of universal suffrage has also become widespread. Thus, as the article of 3 Protocols № 1 contains principle of even attitude toward all citizens in realization by them voting right, she does not envisage that all voices must necessarily be of identical weight, taking into account the results of elections.

Separate attention is spared to fixing the international electoral standards in the legislation of Ukraine.

In the article the implementation of international standards in the right to vote is analysed. The terms transformation, reception and referencing are also explored.

Conclusions. Perfection of current electoral legislation on implementation of International acts is one of the directions of implementation of Agreement about the association of Ukraine and the EU. Important issue for the formation and development of Ukrainian electoral law are international electoral standards, – as principles and basics that were formed under act of processes of globalization of approaching the legislation of different states in the field of guaranteeing the active and passive rights for the citizens of such state.