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OlgaSOVGYRIA,

Professor, Department of Constitutional Law, Faculty of Law, Taras Shevchenko National University of Kyiv, Doctor of Law Sciences

POWERS OF CONSTITUTIONAL COURTS ON ELECTORAL DISPUTE RESOLUTION: COMPARATIVE LEGAL ASPECT

The article deals with problems of legal regulation of electoral disputes as a component of the competence of constitutional courts. In particular, it is noted that the content of the definition of electoral disputes is significantly influenced by the peculiarities of constitutional regulation of this issue in a particular state. Thus, the classical definition of an electoral dispute as a controversy arising from a violation of the electoral law is quite general, since it includes, among others, the protection of electoral rights through a constitutional complaint. However, a constitutional complaint is an exceptional and special means of legal protection guaranteed by the constitution of human rights, while the resolution by the constitutional court of electoral disputes is another, original, mechanism for the protection of electoral rights. Also, from the definition of an electoral dispute to be considered by the Constitutional Court, disputes over the constitutionality of normative acts regulating the issues of appointment, holding and establishment of election results should also be ruled out, since law-enforcement control is a power different from the authority to resolve electoral disputes.

Based on the above approach to the definition of electoral disputes resolved by constitutional courts, it should be noted that an analysis of the content of the constitutional powers of the Constitutional Court of Ukraine gives grounds for concluding that it is not endowed with separate, special powers to resolve electoral disputes in the sense described above.

However, certain powers of the Constitutional Court of Ukraine may be exercised in relation to electoral legal relations. In particular, these are the following powers: 1) the resolution of issues regarding compliance with the Constitution of Ukraine (constitutionality): laws and other legal acts of the Verkhovna Rada of Ukraine; Acts of the President of Ukraine; acts of the Cabinet of Ministers of Ukraine; legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea; 2) official interpretation of the Constitution of Ukraine.

We describe some aspects of the implementation of the powers specified by the Constitutional Court of Ukraine.

Thus, in accordance with Article 85 of the Constitution of Ukraine, the powers of the Verkhovna Rada of Ukraine in terms of electoral legal relations include: the appointment of the presidential elections in the terms stipulated by the Constitution (paragraph 7 of the said article of the Constitution of Ukraine), appointment and dismissal of members of the Central Election Commission upon submission The President of Ukraine (Article 85, paragraph 21, of the Constitution of Ukraine); appointment of regular and extraordinary elections to bodies of local self-government (Article 30, Article 85 of the Constitution of Ukraine). In addition, in accordance with paragraph 30 of clause 1 of Article 92 of the Constitution of Ukraine, the organization and procedure for holding elections and referenda are determined solely by the laws of Ukraine. The constitutionality of these legal acts may be subject to consideration by the Constitutional Court of Ukraine on the initiative of the President of Ukraine; at least forty five people’s deputies of Ukraine; Supreme Court; Commissioner of the Verkhovna Rada of Ukraine on Human Rights; The Verkhovna Rada of the Autonomous Republic of Crimea.

An important feature of the democratic way of decision-making by the authorities is the participation of the people in making such decisions in various forms. Through dialogue with various social groups, the state can adapt its decisions and bring them closer to real needs and aspirations. Thus, it is important for a full democratic activity to create mechanisms that facilitate such communication and serve as a bridge for dialogue between civil society and the state. When considering such a category of cases as constitutional complaints about election issues, it is particularly important that the society perceives decisions taken on the basis of such consideration.

Key words: competence of constitutional courts, electoral disputes, violation of the right to vote, constitutional complaint.

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