CONSTITUTIONAL AND LEGAL GUARANTEES OF FREE AND FAIR LOCAL ELECTIONS UNDER MARTIAL LAW

Abstract

The article contains an overview of the constitutional and legal guarantees for conducting free and fair local elections under martial law in the framework of achieving democratic development and securing the political rights of the citizens. The purpose of the study is to identify the nature and peculiarities of the process for realizing the mechanisms for ensuring the electoral rights under martial law, and the ways for its enhancement in line with international standards and best practices. During the study, the general legal, special legal methods of cognition and other scientific methods of cognition, such as analysis and synthesis, comparative legal, formal legal and systemic methods, were used, which allowed for the analysis of the electoral process as a multi-level legal phenomenon. The article considers major risks and challenges to ensuring the principles of universal suffrage, equality, direct and secret voting under martial law. It is argued that the critical factors influencing the situation are security threats, socio-demographic changes and institutional barriers, all of which greatly impair the citizens’ ability to exercise their electoral rights. The institution of the national elections should reconsider its existing constitutional and legal framework in the light of the prevailing crisis, especially by reforming electoral procedures, cleaning up the voters’ roll, providing for alternative voting methods, and building the institutional capacity of electoral bodies. The harmonization of international standards with national law in light of the principles of proportionality, temporality of restrictions and transparency, is a precondition for holding legitimate elections. It is also determined that the growth of digital technologies, information security and an improved international monitoring mechanism will enhance the efficiency of the electoral process. The paper proposes that strengthening the constitutional and legal mechanisms guaranteeing electoral rights during martial law requires a holistic approach that combines legal and institutional means and utilizes technological resources within the framework of crisis conditions.