PREVENTION IN ELECTORAL LEGISLATION: THEORETICAL AND PRACTICAL ASPECTS

Abstract

The article examines the phenomenon of electoral conflict prevention as a key element in ensuring a democratic electoral process. The author reveals the legal nature of preventive activities in the electoral sphere, emphasizing their significance in strengthening public trust in electoral institutions. A comparative analysis of international experiences in transitional democracies–particularly Botswana, Nepal, and Indonesia–demonstrates the successful implementation of preventive mechanisms such as mediation, the activities of electoral ombudsmen, and online complaint platforms.It is argued that prevention is not only a way to avoid electoral crises but also a strategic tool for building an inclusive political process. The study identifies the main prerequisites for the effective implementation of preventive mechanisms: the independence of electoral commissions, transparency of procedures, active participation of civil society, and adequate voter education.Special attention is given to the role of electoral justice in preventing conflicts. The author highlights that electoral institutions should not only react to violations once they occur but should also introduce early warning systems for disputes. Such an approach ensures the sustainable functioning of the electoral system and strengthens trust in democratic procedures. The paper concludes that preventive measures must combine legal, institutional, and socio-communicative instruments, which together help create a new political culture of responsibility and respect for the rule of law.The article also emphasizes the importance of drawing on international experience and adapting it to the Ukrainian context. In particular, it analyzes the effectiveness of preventive mechanisms in post-conflict countries, where electoral processes often acted as triggers of political instability. The findings demonstrate that preventive actions built on institutional independence, dialogue, and legal certainty represent a solid foundation for achieving political stability and enhancing the legitimacy of elections.In conclusion, the research stresses that prevention in the electoral process should not be regarded as an additional or auxiliary instrument but rather as a system-forming element of democratic elections. Its integration into electoral legislation contributes to reducing conflicts, ensuring the rule of law, enhancing electoral legitimacy, and creating the necessary conditions for the development of sustainable democratic institutions.