Standards for resolving electoral disputes in the practice of national courts and the ECtHR

It is indicated that a democratic society is fundamentally based on the electoral process, which reflects the will of citizens and ensures the legitimacy of government institutions. Democratic principles form the basis of a modern constitutional state, and their observance depends not only on the proper organization of elections, but also on effective mechanisms for resolving electoral disputes. In light of this, an urgent and significant task today is to study the systems for protecting electoral rights both at the domestic and international levels. It is noted that the key international institution that plays a decisive role in monitoring compliance with democratic standards and protecting the right to free elections is undoubtedly the European Court of Human Rights. This article analyzes the practice of resolving electoral disputes by both national courts and the European Court of Human Rights. The main attention was focused on judicial review as a mechanism designed to protect democratic rights and freedoms of citizens. The research analyzed the standards that affect the resolution of electoral disputes and the subsequent restoration of the violated right. Additionally, we note that the article considered both national and European Court of Human Rights court decisions, in particular, “Namat Aliyev v. Azerbaijan, “Scordino v. Italy,” “Ibrahim and Others v. the United Kingdom,” etc. We note that these cases demonstrate the position of the ECHR on the resolution of the dispute on the merits and the standard that should be followed to resolve it. In addition, the study also takes into account the current positions of the Supreme Court. In the course of writingthe article, we highlighted the shortcomings of national law enforcement and its further development points. In addition, in order to bring national standards for resolving electoral disputes into line with European standards, we emphasized the need to harmonize electoral legislation, in particular in terms of resolving electoral disputes, in accordance with the position of the European Court of Human Rights.