Constitutionality of Electronic Vote in System of Electronic Democracy

Abstract

This article discusses the constitutional and legal aspects of e-voting in the system of e-democracy. The author considers the e-democracy and e-voting based on the analysis of constitutional and legal meaning of the universally recognized principles and norms of conduct of elections and constitutional ideas of democratic governance and forms of the realization by peoples of his power, including not enshrined in the constitutional text. This allows to establish a system of legal issues related to technical and technological development projects and practices of e-democracy to the extent that modern democracy is based on the fundamental constitutional ideas that determine the direction of its development. This applies to both forms of realization of democracy, and the issues of legal assessment of various democratic processes. There is currently no effective legal regulation of e-democracy, because of differences in the approaches to the understanding of its constitutional and legal nature and the need for legal evaluation of projects and practices of e-democracy. It seems that the formation of a unified state policy in this area will contribute, including the development of civic engagement and social initiatives, as will be able to thereby provide a wide range of public information about the possibilities of e-democracy and e-voting. The article examines the constitutionality of electronic voting, the basic legal ideas underlying concepts of modern democracy and highlighted the basic legal requirements for e-voting system, including the availability, transparency, security, accountability, verifiability, investigated the problem of the constitutionality of absentee voting. The author has in mind that electronic voting is the main legal instrument to identify and record public opinion on various issues of social importance in the system of e-democracy. In conclusion, the author discussed the prospects for the development of electronic voting in the open (public) basis, and therefore analyzed historical and legal experience in the development of open systems and the public vote.