JUDICIAL PROTECTION OF ELECTORAL RIGHTS IN THE REPUBLIC OF CHILE
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Author(s): | Ogneva K. O., |
| Number of journal: | 1(74) | Date: | March 2026 |
| Annotation: | The proper implementation of electoral rights is a guarantee of the stability of the state system, as it ensures the legitimate formation of public authorities. Therefore, the creation of mechanisms for protecting electoral rights is an important component of ensuring the interests of not only society and the state, but also individual citizens. One of the most effective ways to protect electoral rights is through the resolution of disputes by a court that makes the final decision in electoral conflicts. In Russian electoral law, the majority of cases involving the protection of electoral rights are handled by courts. At the same time, it is useful to look at the examples of other countries in order to broaden our understanding of legal possibilities. In particular, their experience can be useful not only for implementing certain institutions in the legal system of the Russian Federation, but also for detection of mechanisms foreign to national law that should not be copied. This study proposes to look at the experience of the Republic of Chile. On the one hand, this state, like Russia, belongs to the Romano-German legal family, which determines a similar structure of the judicial system and the status of court decisions. On the other hand, due to its geographical location and historical development, there are significant differences in legislative and law enforcement approaches. This article examines the legislation of the Republic of Chile that defines the powers of the courts to protect electoral rights, as well as the judicial acts that have been issued in the resolution of electoral disputes. In particular, it addresses issues such as the invalidation of elections, the exclusion of voters from the electoral lists, the timeliness of seeking protection for electoral rights, and other relevant issues. Based on the results of this study, it is concluded that the role of the courts of the Republic of Chile is to ensure the stability of the state system by protecting electoral rights, which inevitably leads to a transformation of legal approaches to the implementation of citizens’ electoral rights. | ||
| Keywords: | right to vote, timely protection of electoral rights, judicial decision, protection of electoral rights, Political Constitution of the Republic of Chile, Electoral Qualification Court, Organic Constitutional Law of the Republic of Chile of 1988, administrative proceedings, public legal relations, elections, active electoral right, passive electoral right, Electoral Tribunal |
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| For citation: | Ogneva K. O. Judicial protection of electoral rights in the Republic of Chile. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;1(74):229—234. DOI: 10.25683/VOLBI.2026.74.1525. |
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