Теоретико-правові проблеми реалізації норми Закону України «Про місцеві вибори» щодо гендерної квоти

Abstract

The article deals with theoretical and legal problems of implementing the rule of the Law of Ukraine on Local Elections concerning the gender quota (Part 3, Article 4). There was conducted the analysis of judicial practice, the appearance of which was caused by the refusal of some territorial election commissions to register candidates lists due to non-compliance with the gender quota, or the cancellation of their registration during the local elections in Ukraine in 2015. The attention was specifically drawn to two court decisions regarding the legality of the points 3 and 4 Clarification of the CEC, according to which the territorial election commissions were obliged to register the electoral lists without complying with the quota. It was stated that when establishing the norm of the gender quota, the legislator was aware that it would not be obliged to observe, but only at the wish of political parties and because of their socially responsible behaviour in relation to the female component of society. Research and generalization of judicial practice, analysis of doctrinal, informational and analytical sources have allowed offering amendments to the Law on Local Elections.