Voting and establishment of election results: problems of legal regulation

The article highlights the organizational and legal problems of regulation and further improvement of the voting and establishment of election results in the context of the use of foreign experience of modern technologies. Procedure for voting by current electoral legislation of Ukraine seems too complicated and technological. Algorithm actions of election commissions, voters and other electoral subjects stated in the current electoral law is too detailed. Implementation of electoral law in general and particularly in the processing of ballots, vote counting and establishment of election results at the polling stations depends largely on the quality and quantitative composition of election commissions on how proportional representation of political forces are. Unfortunately, with the formation and activities of committees in organizing and holding elections in Ukraine are typically very complex problems arise. Electoral manipulation, carried out formally in accordance with the applicable law, can largely negate the principle of proportional representation of political parties in election commissions. Fairly common in domestic practice is a way of violation of election law during the vote as a fee for buying a blank vote in the voter, filling his attackers in accordance with the wishes of the customer and the transfer has completed ballot to the voter as another for a fee to use when voting. Unfortunately, creating real obstacles to such offences do not care either lawmakers or the election commission or law enforcement. In Ukraine voting in elections by using ballots is traditional practice. But as the practice of elections in our country, that the ballot is often used for various manipulations, many of which are illegal in nature. That’s why legislators tried to regulate in detail the process of manufacturing, storing, transferring, using, calculating and archiving. However, as shown by the election of people’s deputies of Ukraine in 2012, the effectiveness of regulation of these relations remains low. The international experience to solve problems accelerate the process of counting, as well as reducing the impact of commissioners on the results apply various devices and technologies – mechanical voting machines, punching ballots and electronic voting system (optical scan and direct recording via the touch screen of direct recording via push-button terminal, remote electronic voting and other scientific and technological achievements). Undoubtedly, all these methods and tools have advantages and disadvantages, but is constantly trying to find ways to improve voting technology. In Ukraine voting should be organized with special technical devices for voting. Ukraine has all the possibilities to organize the production of machines for voting and, moreover, the cost will be substantial. And if you compare the enormous costs of ballot (paper quality, printing, protection system), storage and transportation, it is safe to say that the production and continuous use of voting machines are much more beneficial than organizing elections via ballot. Moreover, the automatic transmission (reading) the relevant information concerning voting simultaneously on three fronts (election commissions at all levels) and, therefore, ensuring continuous operational control and capable of prevent any abuse and attempts to correct the results of voting in the precinct or districtУ статті висвітлюються організаційно-правові проблеми регулювання і подальшого вдосконалення процедури голосування та встановлення результатів виборів у контексті використання зарубіжного досвіду впровадження новітніх технологій.В статье освещены организационно-правовые проблемы регулирования и дальнейшего усовершенствования процедуры голосования и установления результатов выборов в контексте использования зарубежного опыта по внедрению новейших технологий