Invalidity of Election Results: Concept and Features of Constitutional and Legal Natureстатья из журнала
Аннотация: The article is devoted to the research of the special constitutional and legal nature of invalidity of results of elections. The approaches expressed in the legal literature to understanding and interpreting the invalidity of the election results as a category of constitutional law are analyzed. The author's determination of invalidity of election results is proposed. The invalidity of the election results as a constitutional and legal category should be understood to mean the irreparable legal defect of the held elections established by the decision of the jurisdictional body (election commission or court) within its competence, which, in connection with violations of the electoral law, does not reveal the actual will of voters and entails legal nullity (lack of legal effect) of their result. The invalidity of the voting results is meant to mean the irreparable legal defects of the voting conducted in a certain part of the territory of the constituency established by the decision of the jurisdictional body (election commission or court) within its competence, which, due to violations of the voting rules, the establishment of voting results and other electoral procedures, does not allow to establish the actual will of voters and entails the legal nullity of the results of such voting. The article justifies the conclusion that the invalidation of the election results is a restorative measure (measure of protection) of constitutional and legal coercion. Among the main shortcomings of modern constitutional and legal regulation of invalidation of election results, the following circumstances are noted in the article: 1) the legislator does not give a legal definition of constitutional and legal terms ≪invalidity of voting results≫ and ≪invalidity of election results≫; 2) the current electoral legislation contains a single list of grounds both for invalidating the results of the vote and for invalidating the results of the election; 3) in the regulation of the grounds for recognizing the voting results and election results as invalid, the texts of the current election laws dominate the assessment signs over the formally defined ones. According to the author, these deficiencies in the current electoral law seriously complicate the work of the courts in resolving electoral disputes about the invalidity of elections.
Год издания: 2022
Авторы: Victor Ignatenko
Издательство: Baikal State University
Источник: Academic Law Journal
Ключевые слова: Legal and Policy Issues, Security, Politics, and Digital Transformation, European and International Law Studies
Открытый доступ: bronze
Том: 23
Выпуск: 1
Страницы: 30–37