PROTECTION OF CITIZENS’ ELECTORAL RIGHTS IN HONG KONG COURT DECISIONS

Administrative cases on the protection of electoral rights are of high social significance. In the Russian Federation, the majority of electoral disputes are resolved by courts. An administrative claim is the most effective tool for protecting citizens’ electoral rights. However, in order to further improve the existing mechanisms, it is necessary to draw on the experience of neighboring countries. Since China is one of these countries, it is relevant to examine the experience of the courts in Hong Kong, a special administrative region. The article analyzes the court decisions on the protection of electoral rights adopted by the courts of Hong Kong, as well as their impact on the further development of electoral rights in the province. Special attention is given to the protection of the electoral rights of persons in custody or with a criminal record, as well as residents of rural areas. Additionally, the article highlights the issue of inequality among representatives of various functional districts who participate in voting, where some individuals are denied the right to vote while others receive two or more votes in the same election. Based on the results of the study, it is concluded that the judicial practice of the Hong Kong courts plays a significant role in protecting electoral rights, leading to the evolution of legal positions in this area and the development of new legal views on citizens’ electoral rights. At the same time, close attention is also paid to the historical aspect of the development of the legal system of Hong Kong, which, on the one hand, was influenced by the common law of Great Britain, and, on the other hand, by the traditional way of life and philosophy of China. Thus, the legal approach formulated in the judgment of the Court of Hong Kong becomes mandatory for further application in a similar situation, but, at the same time, this is applicable only if such an approach does not contradict the traditional way of life and does not pose a potential threat to the political system.

protection of electoral rights, court decision, Bill of Rights, Basic Law, functional district, administrative proceedings, public legal relations, elections, active electoral right, passive electoral right, right to vote, electoral rights of prisoners

Ogneva K. O. Protection of citizens’ electoral rights in Hong Kong court decisions. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;4(73):242—246. DOI: 10.25683/VOLBI.2025.73.1461.