ELECTORAL JUSTICE IN ARGENTINA

Aim. The study of actual issues related to the electoral rights of citizens and their implementation in modern society. Such issues are especially acute in countries that have recently come to democracy. One of such countries in the world can be Argentina, which began to make a smooth transition to democracy only after the military dictatorship of 1976–1983. Part of this smooth transition was the creation of a democratic electoral system with its own peculiarities and shortcomings conditioned on the peculiarities of the historical development of the country.

Methodology. The methodological basis of the research is a complex of general scientific and special legal methods, in particular, the system method, analysis, synthesis, generalization and forecasting. The formal legal method was also used for the purpose of analyzing normative legal acts, and the comparative one – to analyze foreign and Russian sources. The historical-legal method allowed the consideration of the origin, formation and development of the electoral law in chronological order, taking into account modern features of Argentina.

Results. In order to minimize the problems associated with abuse in making decisions in the field of electoral rights by the electoral justice bodies of Argentina, there can only be the creation of another electoral justice system – independent of the political authorities operating in the country and more effectively guaranteeing the resolution of electoral disputes in accordance with democratic principles.

Research implications. The main disadvantage of such a system is the dependence of electoral justice in Argentina on a political body – the National Congress, whose powers include the resolution of electoral disputes. So, in practice, there were cases when, by the decision of the National Congress, the candidate elected by the people was removed from exercising his powers. At the moment, only the judicial authorities can stop the abuses of the National Congress in terms of decision-making. However, the time that is spent on trials makes a judicial challenge meaningless.

1. Alekhina I. S. [Features of the implementation of the principle of universal suffrage and ensuring the mass political participation of citizens: foreign experience]. In: Upravlencheskoe konsultirovanie [Management consulting], 2015, no. 10 (82), pp. 21–31.

2. Golovchenko I. F. [Electoral offenses in the legislation of foreign states]. In: Probely v rossiiskom zakonodatelstve [Gaps in Russian legislation], 2015, no. 1, pp. 149–153.

3. Nazartsev E. I. [Electoral qualifications: the experience of Latin American countries (Brazil and Argentina)]. In: Yuridicheskii vestnik Samarskogo universiteta [Law Bulletin of Samara University], 2015, no. 3, pp. 37–42.

4. Orlov A. G., Leibo Yu. I., Rakitskaya I. A. Sovremennyye izbiratelnyye sistemy. Vyp. 2: Argentina, Germaniya, Shvetsiya [Modern electoral systems. Iss. 2: Argentina, Germany, Sweden]. Moscow, Norma Publ., 2007. 320 p.

5. Chirkin V. E. Yudin Yu. A., Nikiforova M. A. et al. Sravnitelnoye konstitutsionnoye pravo [Comparative constitutional law]. Moscow, Manuskrip Publ., 1996. 728 p.

6. Yakovlev P. P., Yakovleva N. M. [Presidential elections in Argentina. Choice of the development path]. In: Svobodnaya mysl [Free thought], 2020, no. 1 (1679), pp. 107–120.

7. Yakovleva N. M., Yakovlev P. P. [Argentina: the development model in the test zone]. In: God planety: ezhegodnik [Year of the planet: yearbook]. Moscow, Ideya-Press Publ., 2012, pp. 442–452

8. Yakovleva N. M. [Electoral Supercycle in Latin America: Political Trends]. In: Perspektivy. Elektronnyi zhurnal [Prospects. Electronic journal], 2018, no. 1 (13), pp. 69–80.

9. Mander B., Ratibone J. P. Los argentinos, en «shock» tras la peticion de ayuda al FMI. Expansion (Madrid). 2018. 121 р.

10. Walter R. J. The province of Buenos Aires and Argentine politics, 1912–1943. In: The American Statistician, 1985, no. 26 (3), pp. 65.