ДО ПИТАННЯ ПРО ОБМЕЖЕННЯ ВИБОРЧИХ ПРАВ ЗАСУДЖЕНИХ

Abstract

In the article considered questions, which related to the electoral process in Ukraine. Particular attention is paid to restrict the right to elect and be elected prisoners, the need for regulation of Ukrainian legislation in that regard. Elections are the main source of power formation in any modern democratic and legal state. The current electoral law must correspond with international legal standards. They are enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights and others. The article 38 of the Constitution of Ukraine recognizes that citizens have the right to freely elect and be elected to state and local government bodies. Providing implementation by Ukrainian citizens of election rights during elections and referendums is carried by means of legal regulations, which form the electoral legislation of Ukraine. Limitations of human rights are a restriction of human rights and the factors, which prevent or complicate the implementation of the individual rights and freedoms. In theoretical aspect the author considers the differences between the restriction and violation of rights and freedoms. Restrictions are established by law only. The Constitution of Ukraine establishes some rules on limitation of rights and freedoms and establishing their bases, conditions concerning the impermissibility of abuse. It is noted, that the provisions of Ukrainian laws correspond international legal acts about limitation the rights and freedoms of man and citizen. The article analyzes existing approaches to restrictions on voting rights of prisoners. Notes the necessity of bringing legislation into compliance with the Constitution of Ukraine. The review of the Human Rights of the European Court in these matters is ongoing; it draws attention to the discrepancy existing in Ukraine approaches to the provisions of the Convention on Human Rights