On August 11, 2004, citizen "S" filed a complaint with the Lutsk City and District Court against the unlawful actions of the Volyn Regional State Administration regarding the latter's participation in pre-election campaigning by posting on August 4, 2004 and August 6, 2004 on the Internet on its official website in the section "News of the Regional State Administration" information titled "Measures in support of presidential candidate Viktor Yanukovych." \n As can be seen from this information, reports about measures in support of presidential candidate Viktor Yanukovych concerned their holding in certain districts of the Volyn region both in budgetary institutions and in private business structures. \n No reports about measures held in support of other presidential candidates, or whether they were held at all, were posted on the website. \n The voter believed that the posted information violated his right to receive objective information about the activities of state authorities, and that the subject of the appeal had violated the provisions of paragraph 2 of Article 64 of the Law of Ukraine "On Elections of the President of Ukraine" (hereinafter the Law), according to which state authorities and local self-government bodies, their officials and employees are prohibited from participating in pre-election campaigning. \n On August 16, 2004, by a decision of the same court, the complaint was denied. \n In doing so, the court proceeded from the fact that the information placed in the section "News of the Regional State Administration" under the title "Measures in support of presidential candidate Viktor Yanukovych" is of a stating nature about the news of the socio-political life of the region and is not regarded by it as pre-election campaigning. \n Disagreeing with such a decision, the voter filed an appeal with the appellate court; on August 21, 2004, based on the results of its consideration, a ruling was issued according to which the appeal was rejected and the decision of the local court was left unchanged. \n In our view, in this case, the problem is that in these legal relations, according to the norms of the Law, only subjects of the electoral process could act as complainants — parties (blocs) that nominated other candidates for the post of President of Ukraine or their authorized persons — in the aspect that by covering measures in support of only presidential candidate Viktor Yanukovych and remaining silent about the activities of other candidates for the post of President of Ukraine, preference is given to one candidate. \n Given the fact that the electoral process is fleeting and eventful, and candidates and their representatives simply do not have the physical ability to respond appropriately to all possible violations of election legislation, there is a need to provide, by introducing appropriate amendments and additions to the Law, the possibility for voters to be subjects of filing complaints not only when their electoral rights have been violated, but in all cases of violation of election legislation, which, unfortunately, is not provided for in the current Law of Ukraine "On Elections of the President of Ukraine." \n Therefore, an analysis of the norms of the Law of Ukraine "On Elections of the President of Ukraine" and judicial practice regarding the possibility of appealing decisions, actions, and inaction of state authorities and local self-government bodies gives grounds to consider that there is some imperfection in the Law regarding the narrowing of the constitutional rights of citizens of Ukraine, since it (the Law) does not provide an opportunity for a citizen of Ukraine — a voter — to exercise his right granted by part 1 of Article 55 of the Constitution of Ukraine, according to which everyone is guaranteed the right to appeal in court against decisions, actions, and inaction of state authorities and local self-government bodies, officials and employees.
Problems of law application practice with regard to certain provisions of the Law of Ukraine 'On Elections of the President of Ukraine'
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