On the Issue of the Legal Nature of Judicial Protection of Electoral Rights

The article examines the nature of legal conflicts arising in con nection with participation in elections and referendums, as well as analyzes the legal nature of judicial protection of electoral rights, which is not limited to the emergence of only procedural relations between the parties to the dispute. The author comes to the conclusion that judicial protection is the universal and most effective form of protection of citizens’ electoral rights. The article substantiates that the subject of judicial protection in cases arising from electoral legal relations is always not only the interests of a particular person who applied to the court, but also the interests of an administrative defendant, an indefinite circle of persons and the state as a whole. The out come of the court’s consideration of the case is also the restoration of the balance of public and private interests related to the formation of an elected state apparatus.

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Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2025-04-12
DOI
https://doi.org/10.17803/2311-5998.2025.126.2.145-156
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

On the Issue of the Legal Nature of Judicial Protection of Electoral Rights

K. O. Ogneva
Courier of Kutafin Moscow State Law University (MSAL)
Legal and Policy Issues
article

On the Issue of the Legal Nature of Judicial Protection of Electoral Rights

K. O. Ogneva
article en

Abstract

The article examines the nature of legal conflicts arising in con nection with participation in elections and referendums, as well as analyzes the legal nature of judicial protection of electoral rights, which is not limited to the emergence of only procedural relations between the parties to the dispute. The author comes to the conclusion that judicial protection is the universal and most effective form of protection of citizens’ electoral rights. The article substantiates that the subject of judicial protection in cases arising from electoral legal relations is always not only the interests of a particular person who applied to the court, but also the interests of an administrative defendant, an indefinite circle of persons and the state as a whole. The out come of the court’s consideration of the case is also the restoration of the balance of public and private interests related to the formation of an elected state apparatus.

Courier of Kutafin Moscow State Law University (MSAL)(2)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 89%
Legal and Policy Issues
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