THE PROCEDURAL DISCRETION OF THE ADMINISTRATIVE COURT AND THE ECHR IN THE SETTLEMENT OF ELECTORAL DISPUTES

Abstract

The scientific article is devoted to the characterization of the procedural discretion of the administrative court and the ECHR in the settlement of electoral disputes. The purpose of this article determines the peculiarities of the exercise of the right to procedure for the administrative court in the settlement of electoral disputes. It is established that the search for regulatory structures to establish the possibility of implementing a procedural discretion by the administrative court is associated with the determination of phrases such as “the court may”, “to internal conviction”, “court”, “in the initiative of the court”. By definition, that the settlement of the electoral dispute by determining the truth and objectivity in it often borders on the need to make a judge of a choice, which must comply with the criteria of quality, reliability, impartiality and expediency. It is emphasized that the ownership of the procedural task of resolving a dispute about state law arising as a result of the implementation and protection of suffrage is inextricably linked with the establishment of the validity of the limits of the discretion of the court. It is established that the affiliation and validity of the right to apply the procedural discretion of the administrative court are in correlation with the determination of the content of the regulatory requirements of the current legislation of Ukraine, the generalization of the national and European practice of law enforcement agencies, it is believed that the settlement of the electoral dispute, determining the truth and objectivity in it, often borders With the need to make a judge of a choice, which must comply with the criteria of quality, reliability, impartiality and expediency. It is emphasized that the ownership of the procedural task of resolving the dispute arising from the implementation and protection of suffrage is inextricably linked with the establishment of the validity of the application of the limits of the discretion of the court.