Doctor of Law, Professor, Professor of the Department of International Law and Comparative Law of the National Aviation University, Kyiv, Ukraine

Abstract

The article analyzes the conceptual approaches to understanding the rule of law, describes the features of this principle, as well as emphasizes its importance for the settlement of electoral disputes. The purpose of the article is to analyze the rule of law as a determining constitutional basis for resolving election disputes on the basis of existing scientific achievements, legal acts and other sources. This presupposes the setting of a number of tasks, in particular: to reveal the multifaceted understanding of one of the defining constitutional principles – the rule of law; to find out the specifics of resolving election disputes; to identify the main methodological approaches to the study of this issue and their promising areas. The methodological basis of the article is marked by the use of philosophical, general and special scientific methods. Fundamental in this context are dialectical, comparative law, system-structural, hermeneutic and anthropological methods. Attention is paid to the positions of normative positivism, natural law and other concepts of legal understanding. On this basis, a variety of methodological approaches to the issues raised is revealed. Scientific novelty. There is no proper legal regulation of the principle of the rule of law as the basis for the exercise of human and civil rights and freedoms, including suffrage, and the settlement of electoral disputes in Ukraine. Therefore, the relevant legal framework in this area needs to be improved. Conclusions. In modern jurisprudence there is considerable interest in studying the rule of law, its components and other essential characteristics. It seems that it is more expedient and more accurate to understand it from the standpoint of the natural law concept, anthropocentrism, which is consistent with the provisions of relevant international legal acts and expert decisions, acts of «soft law». Activities for the prevention and settlement of electoral disputes are an independent component of the mechanism for ensuring the electoral rights of citizens of Ukraine, which includes regulatory, institutional and organizational framework, a set of means to prevent and settle them (constitutional regulation, interpretative activities, jurisdictional activities of election administration alternative ways of resolving electoral conflicts). It is extremely important for the legal system of a democratic state that such conflicting legal relations be settled on the basis of the rule of law, properly ensuring the electoral and other rights of citizens. The implementation of the Electoral Code of Ukraine has revealed certain conflicts and gaps that need to be resolved. Only under the condition of proper implementation of the principle of the rule of law in the organization and activity of the mentioned bodies of Ukraine, their officials and officials is possible their effective full functioning in the interests of citizens, territorial community, full-scale assertion and protection of human and civil rights and freedoms. and municipal democracy.

Keywords: constitutional basis; principle of rule of law; electoral disputes; human rights; judicial protection; methodological approaches; legislation of Ukraine.