Applicability of procedural reflection of the court in the settlement of electoral disputes (analysis of the practice of the ecthr)

Abstract

The article analyzes the practice of the ECtHR regarding the admissibility of the application of procedural discretion of the court in the settlement of electoral disputes. It is indicated that establishing the truth in an electoral dispute, which is the subject of consideration in administrative proceedings, requires the judge to apply the choice, which should be the basis for substantiating the procedural actions taken in the case, and interpreting the norms of procedural legislation. It is substantiated that the implementation of the procedural task assigned to a judge or a panel of judges to resolve a public law dispute is always associated with justifying the boundaries of procedural discretion, establishing the boundaries of the discretionary powers of public authorities and local self-government, which requires the establishment of criteria for the legitimacy of its application, which justifies the relevance of this study. It is stated that the application of procedural discretion is generally recognized and permissible in the settlement of public law disputes, which include electoral disputes. The criteria for the legitimacy of the application of procedural discretion in the practice of the ECHR on the settlement of electoral disputes are related to the need to comply with the requirements of international and European legislation, as well as the need to comply with the requirements and principles of electoral law. It is indicated that the exercise of electoral rights is associated with the establishment of their relative nature, as stated in the decisions of the ECtHR, the content of which is the admissibility of restrictions and prohibitions on their implementation, which should not be discriminatory. The normative establishment of standards for the implementation and protection of electoral rights is associated with the need to apply reasonable restrictions that do not reduce the quality and effectiveness of their implementation, do not affect the content of the electoral process, but only introduced in order to ensure the rule of law.