ПРИНЦИП ЗАГАЛЬНОГО ВИБОРЧОГО ПРАВА: МІЖНАРОДНІ СТАНДАРТИ ТА ПЕРСПЕКТИВИ ЗАКОНОДАВЧОЇ РЕАЛІЗАЦІЇ В УКРАЇНІ

Abstract

Introduction. The article analyses the content of the principle of universal suffrage in Ukraine, its compliance with international electoral standards, and peculiarities of implementation in foreign countries. It has been found that the term "universal suffrage" refers to subjective suffrage and the term "general election" to elections in general. Therefore, both terms characterize citizens’ participation in elections, but the term "universal suffrage" is a principle of suffrage, and the term "general election" means a certain type of election. The main function of the principle of universal suffrage is to determine the range of carrier (subjects) of the relevant subjective suffrage. Summary of the main research results. Voting rights may be limited because they cannot belong to all persons without exception. The normatively established general qualification requirements for a carrier of the relevant suffrage are called electoral qualifications: subjective suffrage belongs to a subject who meets the requirements of the established electoral qualifications. The basic electoral qualifications which are established by the domestic legislation have been characterized: citizenship qualification, age qualification, legal capacity qualification, residency qualification, and moral qualification. The current trends in most European countries are aimed at expanding the range of subjects of suffrage, i.e. reducing the list of conditions that restrict suffrage. Conclusions. Having examined the content of the principle of universal suffrage in Ukraine, we can conclude that domestic legislation as a whole meets international electoral standards, but some of its provisions need to be improved. In particular, firstly, it has been proposed to amend Article 70 of the Constitution of Ukraine and grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside in Ukraine and belong to a certain territorial community, to deprive the right to vote not only incapacitated citizens but also limited to capable ones; secondly, to set the age limit for deputies of local councils and village, settlement, city mayors at 21 years old, and for people’s deputies of Ukraine at 25 years old; thirdly, to introduce the institution of remote voting; fourthly, to amend Article 103 of the Constitution of Ukraine and to provide that a citizen who has a criminal record for committing an intentional crime cannot be elected president of Ukraine.