THE RIGHT TO VOTE AS A SUBJECTIVE RIGHT OF A PERSON: ESSENCE, TYPES, FORMS

Abstract

The issue of legal regulation of electoral rights is a pressing problem at the stage of unification of Ukrainian and European legislation in accordance with the Association Agreement between Ukraine and the EU and the need to hold democratic and transparent elections in compliance with international standards. The article examines the definition and main essential features of the right to vote as a subjective natural right of an individual, guaranteed by the Universal Declaration of Human Rights and enshrined in the Constitution of Ukraine. Attention is drawn to the fact that a large number of Ukrainians are currently abroad, having received temporary shelter since 2022, as well as the presence of a significant number of internally displaced persons, which significantly complicates the issue of organizing and holding elections after the end of martial law. The types of subjective electoral right are characterized: active and passive. The components of active electoral right are analyzed. It is established that active electoral right can be exercised in individual and collective forms. The individual form of implementation includes: participation in voting, the right to nominate candidates for elected positions, and being their proxy. The collective form of implementation of active suffrage includes: holding citizens' meetings, meetings with voters; holding rallies, marches, demonstrations, pickets; holding public debates, discussions, «round tables», press conferences; publishing political advertising, speeches, interviews, essays, audio and video clips in the media; distributing election leaflets, posters and other printed campaign materials; placing printed campaign materials on outdoor advertising media. It has been established that collective forms of active suffrage have a derivative auxiliary character in relation to the individual form. The authors draw attention to the fact that the electoral legislation of Ukraine contains unequal requirements regarding the passive electoral right of candidates for the positions of people's deputies, President, deputies of local councils and village, settlement, and city mayors in terms of restricting access to candidate nomination procedures, which can be characterized as a discriminatory norm that requires legislative regulation by making appropriate amendments to the Electoral Code.