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Участь вітчизняних і міжнародних громадських організацій та місій на парламентських виборах в Україні у 2002-2014 рр.

100%

Пахолок О.

Studia Politologica Ucraino-Polona

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2017

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vol. 7

172-181

EN

One of the most important indicators of democratization and openness of a country is holding of free and democratic election. Conducting honest and open elections has an important meaning for creating a positive image of Ukraine on the international scene, as well as evidence that the country fulfills its obligations to protect human rights and freedoms. One of the means of controlling elections is participation of official observers and community. To a large extent from their conclusions about legitimacy of elections or, conversely, violation of the electoral law depends on the international community's recognition of legitimacy of the newly elected authorities. Organization of election observation by public organizations is one of the most significant dimensions of democratic development around the world. Non-party election observation and control by NGOs are also aimed at ensuring the integrity of election through deterrence and disclosure of violations and falsifications, prevention and mitigation of electoral violence and provision of recommendations for improvement of electoral processes. There are two main criteria for classification of public observers – by country of origin (internal and external (international)) and time (long-term and short-term). Internal official observers are representatives of candidates for deputies, political parties (blocs) or non-governmental organizations. International observers are observers representing foreign states and international non-governmental organizations. Long-term observers, as a rule, are involved in monitoring electoral process at all (or most) stages, and short-term observers, as a rule, focus on monitoring activities on an election day, that is, they are primarily interested in voting and counting procedures. The right of official observers from non-governmental organizations, from foreign states and international organizations to officially monitor the course of the election process is determined in the Law of Ukraine "On Elections of People's Deputies of Ukraine". In particular, Article 78 of the Law states that the permission to have official observers during election of deputies has only a public organization whose statutory activities include election process and its monitoring and which is registered in accordance with the procedure established by law, not later than sixty days before a voting day. Analyzing the quantitative characteristics, activities and reports of official observers from international organizations and public organizations on monitoring the progress of the parliamentary elections in Ukraine in 2002-2014, we observe the growth of their participation in elections which promotes democracy, openness of elections and recognition of legitimacy of their results. It is worth noting that the reports of official observers noted that despite some violations of the electoral law, the elections of people's deputies of Ukraine in 2002-2014 were conducted in accordance with the national electoral law, international obligations and standards of democratic elections. The reports witnessed democratic, transparent and legitimate Ukrainian elections, ensuring basic civil rights and freedoms. Among the series of recommendations it was proposed to codify the electoral legislation of Ukraine. Recommendations provided to the election process participants following election observation campaigns in Ukraine, their consideration by state institutions in the preparation of election legislation and holding of further elections will contribute to the improvement of the electoral process.

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The Sources of Election Law in the System of Sources o f Constitutional Law in the Republic of Belarus

100%

Artemev S. Y., Xiaonan H., Yigong L.

Studia Politologiczne

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2015

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vol. 36

250-267

EN

Constitutional law forms positive legal aspect of constitutionalism. Election law is often seen as a sub-branch of the constitutional law and, at the same time, embodies (to a different degree) ideas of democracy. Correlation between democracy and constitutionalism is one of the most debating questions in contemporary legal science. It seems worth examining how this controversy exerts influence on the system of sources of election law as a part of a bigger system of constitutional law in the case of the Republic of Belarus.

3

Електоральна легітимація влади в умовах демократичної трансформації

86%

Бортніков В., Чубаєвський В.

Studia Politologica Ucraino-Polona

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2015

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vol. 5

55-64

EN

The issue of the solving of the problem of the raising level of the legitimating of power in the electoral process, which is really low in the eyes of citizens of Ukraine, is raised in the article. The institutional structure, procedures and the electoral process’ mechanisms give the contenders wide opportunities not only for the selfpromotion, but over persuasion of community in the personal ability to ensure effective public management. The process of the legitimating of the political power is being in progress at every stage of the election long before the official nomination of the candidates for the acquisition of the authority. The authors of the article suggest the following stages of the election: 1) Constituting; 2) Institutionalization; 3) Realization; 4) Control. The essential subjects of the power institutions’ formation in the democratic states are political parties. They commit a significant and sometimes decisive influence on the will of the voters. Besides, the parties are being one of the main subjects of the political legitimating during election. Another indicator of the democratic state is the freedom of the political opposition activity. Numerous attempts to regulate the statute of the political opposition in Ukraine were subordinated to the tasks of its constituting. The four stages of the political opposition constituting are singled out on this basis: 1990-2006; 2006-2007; 2007-2010; since October 2010. The organic component of the legitimating of power in the election is their recognition through the number of the specialized organizations, agencies and institutions of the Council of Europe, European Union, and OSCE, and CIS, etc. The indicators of the international (foreign) legitimating power in Ukraine are singled out in the article.

4

Типологізація чинників демократичних перетворень

72%

Стойко О.

Studia Politologica Ucraino-Polona

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2014

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vol. 4

123-129

EN

The first wave of researches on democratic transition appeared during the Cold War, which were too ideological and over-optimistic about the victory of capitalism over its ideological adversary – communism. Till the beginning of 1990-s the researchers had a great confidence, that democracy and market economy can be crafted following the certain set of rules. But some setbacks in democratic transitions force to pay more attention to the causes of their initiations and their impact on further development of democratic institutions. Despite of plenty approaches to definition of the democratic transformation drivers, they can be divided into five groups: social, economic, personal (elitists), international and institutional. The social approach uses such terms as civil political culture, civil values (R. Patnam), social capital, trust and cooperation, which promote the democratic practice in society. But some empirical studies proved that democratic transformation can occur in conditions, when civil values are less common. Early arguments that Islam can not be combined with democratic institutions were contradicted by the recent Arab revolutions (see, for example, L. Diamond). S. Lipset was the first, who pointed out the relations between the level of economic development and stability of democratic institutions. The later researches mentioned the importance of the middle classes, economic disparity, availability of natural resources and so on. The role of the agreement between new and old politicians, especially on the early stages of transformation, is examined in the context of elitist approach. The international factors are presented by foreign countries and international organizations (EU, NATO, World Bank, IMF). The institutionalists are convinced that election system, political parties, parliament, constitution agreements are the key to successful democratization.

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1 Yigong L.

1 Бортніков В.

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Участь вітчизняних і міжнародних громадських організацій та місій на парламентських виборах в Україні у 2002-2014 рр.

The Sources of Election Law in the System of Sources o f Constitutional Law in the Republic of Belarus

Електоральна легітимація влади в умовах демократичної трансформації

Типологізація чинників демократичних перетворень