Voting by a proxy in the municipal elections – the rules and manner of granting the proxy and the legal nature thereof

The aim of the article is to analyse and to evaluate the Election Code provisions in the aspect of implementing the recommendations of the Council of Europe formulated in the Code of good practices of electoral matters and to attempt to determine the legal nature of the power of attorney for voting institution. The possibility to vote in the elections by a proxy is an exception from the principle of voting in person. For a particular group of voters it is often the only possibility to participate in the elections. Proxy voting implements the principle of universal suffrage; simultaneously, however, it poses a threat to the correctness of the election process. For this reason, in accordance with the recommendations of the Council of Europe, the admissibility of a proxy voting must be subject to precise legal regulation. It is important that this institution should never become an instrument for influencing the election result easily. In the event of the local government elections, it is particularly important as single votes may decide on its result.

Voting by Correspondence and Voting by Proxy: World Experiences vs. Ukrainian Realities

Under modern conditions elections are an integral part of social life of every state. They determine the level of democratism of a state system and constitute the basic form of exercising the sovereign power of the nation. Elections are the foundations of a democratic political system and a guarantee that interests of various social groups are represented in state organs. Under Ukrainian legislation a special place is occupied by personal voting. Nevertheless, voting by correspondence and voting by proxy are not at all inconsistent with personal voting. The thorough analysis of the possibility to apply voting by correspondence and voting by proxy in all types of elections in Ukraine allows for the conclusion that providing for this option by the legislator would have a positive impact on democratisation in Ukraine. It would therefore be necessary to make an amendment to electoral law by establishing precise criteria of membership to the category of voters that would be entitled to cast their vote by correspondence and/or by proxy. It also would be recommendable to increase the legal responsibility of the participants in electoral processes for breaching electoral laws. Above all, it would be necessary to develop effective legal mechanisms that would enable to enforce legal responsibility, including the criminal liability. The indicated measures would result in eliminating the unlawful control over electoral processes, as well as in diminishing the electoral absenteeism, which in turn would enhance the legitimacy of power.