International Methodological Basics of Electoral Law (From Antiquity to Modern Times: Philosophy-Legal Dimension)

Abstract

The contemporary democratic states consider the concept of political rights, especially the right to vote as a fundamental pillar above all other rights. The political rights are dominant only due to their implementation: people have an opportunity to exercise their power on the one hand, and transfer their power without any political upheavals on the other.

In this regard, it is worth highlighting that the political rights are one of the corner-stone rights for modern democratic rule of law. According to this thesis, we can persist that the problems of the realization of political rights are decisive and highly important even for the declared and transitional democratic states.

In this respect, the Republic of Armenia is no exception as the problems of the implementation of political rights are definitely the electoral rights. These rights are among the most acute social problems that young Armenian democracy has faced after the independence.

The issues in implementation of the political rights are steadily coupled with the problems of imposing punishments for crimes directed against political rights. As the experience of the Republic of Armenia has shown, the number of crimes directed against political rights has increased over the years. The tendency of the growth of the above-mentioned crimes has objective and subjective reasons. Among the objective reasons, we can note the transitional character of Armenian democracy. As for justice, it should be noted that such problems are inherent in almost all transitional states and especially, for modern countries. It is easier to understand, when we observe the experience of communities, which try to pass from the totalitarian rails of state governance to democratic ones. From the other side, the social and economic reasons of the state, poverty of the population can be considered as an objective reason. In terms of subjective reasons, firstly, the disproportionate punishment for crimes directed against political rights should be pointed out, which are the central obstacles for the implementation of political rights.