On the Issue of the Legal Nature of Judicial Protection of Electoral Rights
https://doi.org/10.17803/2311-5998.2025.126.2.145-156
Abstract
The article examines the nature of legal conflicts arising in con nection with participation in elections and referendums, as well as analyzes the legal nature of judicial protection of electoral rights, which is not limited to the emergence of only procedural relations between the parties to the dispute. The author comes to the conclusion that judicial protection is the universal and most effective form of protection of citizens’ electoral rights. The article substantiates that the subject of judicial protection in cases arising from electoral legal relations is always not only the interests of a particular person who applied to the court, but also the interests of an administrative defendant, an indefinite circle of persons and the state as a whole. The out come of the court’s consideration of the case is also the restoration of the balance of public and private interests related to the formation of an elected state apparatus.
Keywords
protection of electoral rights,
active electoral law,
passive electoral law,
elections,
electoral conflict,
election commission,
electoral process,
public-legal nature of legal relations,
protective nature of legal relations,
political status of a citizen,
power-forming nature of legal relations,
court,
administrative proceedings,
mechanism of protection of electoral rights,
self-defense of rights
For citations:
Ogneva K.O. On the Issue of the Legal Nature of Judicial Protection of Electoral Rights. Courier of Kutafin Moscow State Law University (MSAL)). 2025;(2):145-155. (In Russ.) https://doi.org/10.17803/2311-5998.2025.126.2.145-156
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