THE MAIN DIRECTIONS OF REFORMING THE ELECTORAL LEGISLATION OF UKRAINE

Abstract

In order to raise the efficiency of the electoral process in Ukraine the authors have studied the topical issues concerning the regulation of certain provisions of the institution of parliamentary elections in Ukraine. The problem of the functioning of representative democracy has been considered through the analysis of the elements of the electoral system with the task of theoretical modeling of the most optimal variant of the elements set of the electoral system, which may reflect the real state of representation in the parliament. Theoretical and legal analysis of such components of the electoral system as a constituency, electoral (party) list, ways of voting.

The authors have concluded that the major shortcoming of the current electoral system in Ukraine is closed electoral lists that contribute to the formation of political clans, with the party members’ dependence from the political leader, who actually generates a list and makes it impossible for the voters’ real ability to express their preferences for specific candidates. Besides, the relationship between the MPs and constituencies residents is completely dissolved, and eventually an MP is not a representative of the voters, but a hostage of a party leader.

Considering the experience of previous years, the authors have suggested to reform the electoral system of Ukraine, namely: to guarantee the transparency of electoral lists; to provide preferential voting patterns (where the voters vote both for a party list and for specific candidates from the list); to provide ordinal ballot papers for voters (the voter’s opportunity to determine the procedure of obtaining mandates within the party list).