Problems of implementation and protection of voting rights of internally displaced persons

Abstract

The article examines the state of ensuring the voting rights of internally displaced persons, highlights the main problems of their implementation and protection, and also determines the ways to solve them in modern conditions. On the basis of complex and systemic approaches, the theoretical and legislative basis, peculiarities of the mechanism of implementation of electoral and other rights of IDPs, in particular, its organizational, legal and institutional components, were critically analyzed. The state of implementation and protection of electoral rights of IDPs in Ukraine allows us to single out certain patterns, trends and problems. In fact, since 2014, a legislative framework in this area has been formed in Ukraine, a special role in the process of ensuring it is played by electoral bodies, first of all, the Central Election Commission, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights, international organizations, political parties and public organizations. Among the problems of implementation and protection of the electoral rights of IDPs in Ukraine, attention was drawn, first of all, to conflicts in national legislation, inadequate awareness of IDPs about their opportunities, methods of implementation and procedures for protection, low electoral culture and awareness, etc.

It is considered important to ensure the de jure and de facto principles of equality and non-discrimination in the legal status of IDPs, along with other citizens of the state, the implementation of international and European legal standards on the path of democratic reforms, as well as judicial guarantees of the protection of electoral rights of IDPs at the national level, in the ECHR. It is substantiated that after the termination of the legal regime of martial law, the organization of post-war elections entails many urgent and complex tasks, which requires a comprehensive study of theoretical and practical, comparative legal aspects, generalization of judicial practice, as well as expert discussions and debates, conferences for the timely improvement of national legislation, activation of international law-making and law-enforcement activities, maximum consideration, resolution and prevention of various risks of post-war elections.