Правові аспекти захисту виборчих прав військовослужбовців

The article is dedicated to a comprehensive analysis of the legal aspects related to the realization of the electoral rights of military personnel in Ukraine, in the context of contemporary challenges associated with the full-scale military aggression of russian federation. Particular attention is paid to the problems that arise due to the mobilization of a significant number of citizens into the ranks of the Armed Forces of Ukraine and the legal uncertainty of the terms of their demobilization, which makes the issue of protecting their electoral rights extremely relevant for the Ukrainian state in the coming years. The study examines in detail the gaps and conflicts present in the current electoral legislation of Ukraine, which hinder the full realization of the constitutional rights of military personnel. The restrictions established by the Electoral Code of Ukraine, in particular regarding the participation of military personnel in local elections, and their compliance with the constitutional principles of electoral law, are analyzed. Special emphasis is placed on the problems associated with determining the electoral address of military personnel and existing voting procedures, which often make participation in elections impossible for a significant portion of military personnel, especially those who are in places of temporary deployment or in combat zones. The article also conducts a comparative analysis of the electoral legislation of foreign countries regarding the provision of electoral rights for military personnel, in particular, positive examples of the introduction of alternative voting methods in European countries are considered. Based on the analysis conducted, the article substantiates the urgent need to improve the electoral legislation of Ukraine in order to ensure the effective realization of the constitutional rights of military personnel. Specific ways of reforming are proposed, including the elimination of inconsistencies between the Electoral Code of Ukraine and the Constitution of Ukraine, in particular, by excluding from the Electoral Code of Ukraine provisions that restrict the right to vote of certain categories of military personnel in local elections. In addition, the introduction of alternative voting methods, such as postal voting and remote internet voting, which will allow ensuring the possibility of participation in elections for military personnel who are in remote places of deployment or do not have the opportunity to personally come to polling stations, is proposed.

Publication Details

Journal
Electronic Sumy State University Institutional Repository (Sumy State University)
Published
2025-01-01
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
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article

Правові аспекти захисту виборчих прав військовослужбовців

Electronic Sumy State University Institutional Repository (Sumy State University)
War, Law, and Justice
article

Правові аспекти захисту виборчих прав військовослужбовців

article en

Abstract

The article is dedicated to a comprehensive analysis of the legal aspects related to the realization of the electoral rights of military personnel in Ukraine, in the context of contemporary challenges associated with the full-scale military aggression of russian federation. Particular attention is paid to the problems that arise due to the mobilization of a significant number of citizens into the ranks of the Armed Forces of Ukraine and the legal uncertainty of the terms of their demobilization, which makes the issue of protecting their electoral rights extremely relevant for the Ukrainian state in the coming years. The study examines in detail the gaps and conflicts present in the current electoral legislation of Ukraine, which hinder the full realization of the constitutional rights of military personnel. The restrictions established by the Electoral Code of Ukraine, in particular regarding the participation of military personnel in local elections, and their compliance with the constitutional principles of electoral law, are analyzed. Special emphasis is placed on the problems associated with determining the electoral address of military personnel and existing voting procedures, which often make participation in elections impossible for a significant portion of military personnel, especially those who are in places of temporary deployment or in combat zones. The article also conducts a comparative analysis of the electoral legislation of foreign countries regarding the provision of electoral rights for military personnel, in particular, positive examples of the introduction of alternative voting methods in European countries are considered. Based on the analysis conducted, the article substantiates the urgent need to improve the electoral legislation of Ukraine in order to ensure the effective realization of the constitutional rights of military personnel. Specific ways of reforming are proposed, including the elimination of inconsistencies between the Electoral Code of Ukraine and the Constitution of Ukraine, in particular, by excluding from the Electoral Code of Ukraine provisions that restrict the right to vote of certain categories of military personnel in local elections. In addition, the introduction of alternative voting methods, such as postal voting and remote internet voting, which will allow ensuring the possibility of participation in elections for military personnel who are in remote places of deployment or do not have the opportunity to personally come to polling stations, is proposed.

Electronic Sumy State University Institutional Repository (Sumy State University)
Peace, Justice and strong institutions
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War, Law, and Justice
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