THE PRINCIPLE OF PUBLIC NATURE OF ELECTIONS AND ITS CONSEQUENCES FOR DEPLOYMENT OF ELECTRONIC VOTING TECHNOLOGIES IN GERMANY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
The article is devoted to analysis of one of the modern issues in the field of constitutional law, related to the peculiarities of compliance with the principle of publicity in case of e-voting. The study is based on the relevant experience of Germany, since the legal system of this country is close to the Ukrainian one, and the decision of the Federal Constitutional Court on the issue in question has served as the basis for Germany’s complete refusal to conduct electronic elections in the future. The article also covers the criteria which shall be satisfied prior to deployment of devices for casting and counting the votes, as well as the need to comply with such requirements in Ukrainian realities. The purpose of this article is analysis of case law when the highest national courts found the use of implemented voting technologies non-compliant with the main constitutional principles. One of the most prominent examples of such decisions is the case related to scrutiny of elections, which was heard by the German Constitutional Court in 2009. The key task of this study is the formulation of the main thesis on how the recent German experience can be used in Ukraine while creating domestic e-voting system. In the article the author considers that any official authorizations, licenses, permits cannot replace the controllability of the essential steps in the election procedure by the citizens. Each interested voter shall be able to monitor the essential steps of e-voting process to certain extent with no special background or education in order to be confident in trustworthiness of the introduced systems. The proposed methodological approach to the algorithm of e-voting implementation assists in finding the ways of organizing and building an internal Ukrainian electronic elections process in future.
Authors and Affiliations
Y. О. Mykhailiuk
Keywords
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