APPROACHES TO THE PROTECTION OF ELECTORAL RIGHTS IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The article is devoted to the study of approaches to the protection of electoral rights in the case law of the European Court of Human Rights.

It is found that the European Court of Human Rights in its judgments formulated the approach that the provisions of Article 3 of Protocol № 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms apply to cases of protection of both active and passive suffrage during the election of the legislature.

It has been studied that since the entry into force of the Convention for Ukraine in September 1997, the European Court of Human Rights has issued 12 judgments in cases against our country, which addressed the protection of electoral rights.

The author summarizes that all the judgments rendered by the Court in cases against Ukraine under Article 3 of Protocol № 1 concerned verification of the applicants' allegations of violations of their right to be elected as members of parliament. At the same time, as of today, the European Court of Human Rights has established the facts of violations of the passive suffrage only in the context of the practice of organizing and holding the parliamentary elections of 2012.

Given the Court's case law, the author suggests that applications for recognition of violations of electoral rights under Article 3 of Protocol № 1 may also be filed with the European Court of Human Rights by candidates in the presidential elections in Ukraine. At the same time, candidates in local elections in Ukraine cannot file such applications with the Court.

It is noted that the exercise of the right of citizens to participate in free and periodic elections of the legislature, guaranteed by Article 3 of Protocol № 1, allows for the political accountability of parties and MPs of Ukraine who have not fulfilled their election promises. Ensuring the observance of universal, equal and direct suffrage for all voters, including military personnel, internally displaced persons and voters abroad, will be particularly important during the organization and conduct of post-war elections in Ukraine.