CONCEPTS, ESSENTIAL FEATURES AND TYPES OF NORMS OF THE ELECTION LAW OF UKRAINE
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 64, Issue 3
Abstract
The article deals with the concept, the essential features and types of norms of the election law of Ukraine. The author defines the norm of the election law as a mandatory rule of conduct, which is established and guaranteed by the state in order to regulate social relations, which are connected with the procedure for preparing and conducting elections to representative bodies of public authority. The election law of Ukraine contains quite a large number of norms, which also differ from each other on different grounds. Each type of electoral norms has its own specific content and a special purpose in the election law of Ukraine. The essential features of the norms of the election law of Ukraine should include: 1. Special content – regulates a special range of social relations that are related to the procedure for the preparation and conduct of elections to representative bodies of public authority. 2. Institutional nature – determine the principles, procedure and timing of preparation and conduct of elections to representative bodies of public authority. 3. Specificity of the structure – the overwhelming majority of the rules of the election law does not have an established three components of the structure «hypothesis-disposition-sanction». The most widespread are the norms of the election law of Ukraine, which consist only of disposition or hypothesis and disposition. Although in the election law there are usually norms that contain sanctions. 4. Special time of action – the overwhelming majority of the norms of the election law of Ukraine are implemented during the preparation and conduct of elections to representative bodies of public authority. That is, implementation of many norms of election law cannot be carried out outside the terms and stages of the electoral process. 5. Polyvalent character – the simultaneous attachment a large group of norms of the election law of Ukraine to two or more branches of national law: budgetary, labor, civil, economic, administrative or criminal. 6. Special subjectivity – the norms of the election law of Ukraine regulate the activity of a special circle of subjects: voters, candidates, proxy of candidates, members of election commissions, official observers, election commissions, political parties, public organizations, etc.
Authors and Affiliations
Vladimir Nesterovych
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