Postwar Elections: Challenges of Organizing Discussed in Ostroh

The VII International Scientific and Practical Conference «Administrative Justice in Ukraine: Problems of Theory and Practice. Judicial Protection of Political and Civil Rights and Freedoms in the Pre-War, Wartime and Post-War Periods».

The event was attended by Alla Basalaeva, Chairman of the UNBA Committee on Electoral Law.

The conference, which took place on July 4-5, was organized on the occasion of the Days of Administrative Justice by the Cassation Administrative Court of the Supreme Court of Ukraine in cooperation with the Council of Europe projects «Support to the Judiciary in Ukraine in the Context of War and Post-War Period», «Strengthening Judicial and Non-Judicial Remedies for the Protection of the Rights of Victims of War in Ukraine», «Support to Democratic Post-War Elections in Ukraine», «Strengthening Social Protection in Ukraine», and the OSCE project «Support to the Supreme Court and Higher Courts in Implementing Judicial Reform and Ensuring Access to Justice» in «Ostroh Academy».

Judges, scholars, practicing lawyers, representatives of state authorities and local self-government, as well as representatives of foreign countries and international organizations discussed the issues of consideration by administrative courts of cases on protection of political and civil rights and freedoms under a special legal regime, the rights to freedom of association, peaceful public assembly; transitional justice in post-conflict states on protection and restriction of political and civil rights, prospects for the application of the adopted approaches by administrative courts in the post-conflict states.

Speaking at the session «Prerequisites and Challenges in Organizing and Conducting Elections in the Post-War Period», A. Basalaeva outlined the practice and problems of applying the mandate. In particular, she focused on the issues of early termination of powers of local council members at the initiative of the local organization of the party that nominated them and the relevant court practice.

The Chairman of the UNBA Committee noted that, taking into account the practical experience of applying the procedure for recalling local council deputies in connection with the initiative of the local party organization, two main problematic issues can be identified. They relate to the determination of the moment of termination of powers of a local council deputy in this case and the absence of a legislative mechanism for restoring the status of a deputy, as well as the grounds for further loss of status by another deputy in case of court reversal of the decision of the supreme governing body of the party to recall a deputy on the people's initiative. Of course, the latter issue cannot be resolved without amending the Code of Administrative Procedure so that judges apply the provisions on the possibility of extending jurisdiction to legal relations on the decision of the supreme governing body of the party to recall a local council member in the same way.

The materials of the event are available by the link.