Legal aspects of formation and development of electoral systems in Ukraine

Issue: № 1/2, 2020

Doi: https://doi.org/10.37634/efp.2020.1(2).1

Introduction. The history of the Ukrainian Parliament functioning counts many electoral systems. The constant change of one kind or another was supposed to eliminate the shortcomings that were revealed during the preparation and carrying out the last elections. For a long time elections were holding under a mixed electoral system, but the combination of proportional and majoritarian components in it did not allow to provide the real expression of the citizens’ will and the effective parliament functioning. Therefore the legislator has been tasked with introducing a more optimal voting model. The result in this area was the adoption the Electoral Code of Ukraine in 2019. The purpose of the paper is to identify the main disadvantages of a mixed electoral system. to carry out the comparative analysis of the activity of deputies, which elected by different components of the mixed electoral system, to investigate the key points of the Electoral Code of Ukraine that will form the basis of legal regulation of the preparation and holding the elections to the Ukrainian Parliament and to compare them with the previous electoral system features. Results. Despite the combination of proportional and majoritarian electoral systems, theirinherent negative features remained relevant. We are talking about the lack of opportunity to select specific candidates from the electoral lists of parties, whose votes were not supported by another candidate in the single-member district etc. At the same time there was a pronounced preference for the proportional system over the majority one, because thanks to the popularity of the political party candidates could obtain a mandate without “special” effort. It is determined, that the points of the new Electoral Code of Ukraine provide the introduction of a new electoral system that will allow citizens to independently determine the priority of a candidate on the list during the distribution of mandates. At the same time the analysis of the Electoral Code shows that in some cases it will still be possible to keep "closed" lists. Conclusion. The Electoral Code of Ukraine, approved by the People's Deputies, is another testimony to the prudence of their political will and readiness to take into account the demands of society. During the analysis of the codified act it was found out that it will promote the political will of the citizens in the elections and ensure the efficiency of the deputies themselves.

Keywords : parliament; elections; mixed electoral system; Еlection code of ukraine; "open" lists

References:

1. On the election of the People's Deputies of Ukraine. Law of Ukraine of November 17, 2011 No. 4061-VI. URL: https://zakon.rada.gov.ua/laws/show/4061-17 (in Ukrainian)
2. Buchyn M., Fedorii I. Comparative analysis of the main electoral systems: the problem of choosing the optimal model of the electoral system for Ukraine in terms of observing democratic principles of election. Ukrainian national idea: realities and prospects of development: collection of scientific papers. Lviv: Publisher of Lviv Polytechnic National University, 2009. Issue 21. pp. 58–62. URL: http://dspace.nbuv.gov.ua/ bitstream/handle/123456789/25697/12-Buchin.pdf?sequence=1 (in Ukrainian)
3. Rada Elections: Trends - Combatants, Journalists, Activists. URL: https://telegraf.com.ua/ukraina/obshhestvo/ 1483884-vyiboryi-v-radu-v-trende-kombatyi-zhurnalistyi-aktivistyi.html (in Ukrainian)
4. Member of the Ukrainian Parliament (scientific and practical manual) / V. Zaichuk et.al. Kyiv: Parliamentary Publishing House, 2013. 260 p. (in Ukrainian)
5. Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the President of Ukraine on the official interpretation of the second and third articles 84 and the second and fourth articles 94 of the Constitution of Ukraine (case concerning the procedure for voting and reconsideration of laws by the Verkhovna Rada of Ukraine) No. 11-RP/98. URL: http://zakon5.rada.gov.ua/laws/ show/v011p710-98 (in Ukrainian)
6. On the status of the People's Deputy of Ukraine. Law of Ukraine of 17.11.1992 No. 2790-XII. URL: https://zakon.rada.gov.ua/laws/show/en/2790-12 (in Ukrainian)
7. On the regulations of the Verkhovna Rada of Ukraine: Law of Ukraine of 10.02.2010 No. 1861-VI. URL: https://zakon.rada.gov.ua/laws/show/1861-17 (in Ukrainian)
8. Tokar-Ostapenko O.V. "Problematic Aspects of Implementation of the Representative Function of the Verkhovna Rada of Ukraine": analytical note. URL: http://old2.niss.gov.ua/articles/1498/ (in Ukrainian)
9. Constitution of Ukraine: from June 28, 1996 No. 254k / 96-BP. URL: https://zakon.rada.gov.ua/laws/show/en/2790-12 (in Ukrainian)
10. Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of 50 People's Deputies of Ukraine on the conformity of the Constitution of Ukraine (constitutionality) with the provisions of the fifth, sixth article 13 of the Law of Ukraine "On the status of the People's Deputy of Ukraine", part four of Article 61 of the Rules of Procedure of the Verkhovna Rada of Ukraine and official interpretation of the provisions of paragraph 6 of part two, part six of Article 81, part six of Article 83 of the Constitution of Ukraine, part four of Article 13 of the Law of Ukraine "On the status of People's Deputy of Ukraine" stay of the People's Deputy of Ukraine in the parliamentary faction) from June 25, 2008 No. 12-rp / 2008. URL: https://zakon.rada.gov.ua/laws/show/v012p710-08/ed20150101/sp:max15 (in Ukrainian)
11. On the recall of the People's Deputy of Ukraine. Law of Ukraine of October 19, 1995 No. 396/95-BP. Loss of effect from 07.08.2001, ground - 2328-III. URL: https://zakon.rada.gov.ua/ laws/card/396/95-%D0%B2%D1%80 (in Ukrainian);
12. Electoral Code of Ukraine dated 19.12.2019 № 396-IX. Voice of Ukraine from 28.12.2019 - № 251. URL: https://zakon.rada.gov.ua/laws/main/396-IX#top (in Ukrainian).

 

Download paper