平等原则作为媒体在竞选期间使用的一般规则组成部分

K. Shpak
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摘要

本文分析了在竞选过程中使用大众传播媒介的平等原则的特点。具体论述了其本质、法律规制和实际实施中存在的问题。根据乌克兰目前的选举法,这一原则具有复杂的性质,这在总体上表现为:首先,候选人,政党(政党的地方组织)-选举过程的主体-对特定大众媒体以及广播时间或印刷空间的平等准入条件;第二,候选人、政党(政党的地方组织)- -选举过程的主体- -在支付一单位印刷版面和一单位广播时间方面享有平等条件,而且仅限于支付选举基金开支的最高数额。但是,立法者规定,特定实体在大众媒体上的选举前竞选活动的数额仅限于其财政能力,而财政能力由其选举基金的数额决定,不得超过该基金的规定限额,因此,该立法为候选人或政党提供了机会,使其能够独立决定将其选举基金的哪一部分资金用于资助大众媒体的选举前竞选活动。但与此同时,他们不能超过基金的限制。与此同时,只有在国家选举中,VC才决定选举资金的最大规模。在地方选举中,候选人和党组织的最高选举资金规模尚未确定。同时,如果条件的平等获取特定的大众媒体,以及通话时间或印刷空间保证首先通过禁止否认这样的大众媒体,那么付款条件的平等是担保的义务提前发布价格,以及禁止提供折扣支付个人候选人,聚会的主题(党组织)——选举过程,现已确定,在有关选举期间的选举前竞选活动结束之前,不允许对选举进程开始时所确定的概算进行修改。关键词:平等原则,绝对平等,比例平等,选前竞选,选举立法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PRINCIPLE OF EQUALITY AS GENERAL RULES COMPONENT FOR MEDIA USING DURING THE ELECTION CAMPAIGN
The article is devoted to the analysis of the peculiarities of the principle of equality in mass media using in the course of election campaign. In particular, its essence, legal regulation and problems of practical implementation. According to the current election legislation of Ukraine, this principle has a complex nature, which is manifested in the aggregate: first, equal access conditions for candidates, parties (local organizations of parties) – subjects of the election process to specific mass media, as well as airtime or printed space ; secondly, equal conditions for candidates, parties (local organizations of parties) – subjects of the election process regarding payment for a unit of printed space and a unit of air time and is limited only to the maximum amount of expenses of the election fund. However, establishing that the amount of pre-election campaigning of a specific entity in mass media is limited exclusively to its financial capabilities, which are determined by the volume of its election fund and cannot exceed the established limit of such a fund, the legislator provides the opportunity for a candidate or party to independently decide what part of the funds of its election fund of the fund to be spent on financing pre-election campaigning in the mass media, but at the same time they cannot exceed the limit of the fund. At the same time, the VC determines the maximum size of election funds only in national elections. In turn, the maximum size of election funds for candidates and party organizations in local elections has not been determined. At the same time, if the equality of conditions of access to specific mass media, as well as airtime or printed space is guaranteed first of all by the ban on denying such access to mass media, then the equality of payment conditions is guaranteed by the obligation to publish prices in advance, as well as by the ban on providing a discount on the payment to an individual candidate, party (party organization) – the subject of the election process That is, it is established that it is inadmissible to make changes to the estimates established at the beginning of the election process until the end of the pre-election campaign during the relevant elections. Key words: the principle of equality, absolute equality, proportional equality, pre-election campaigning, election legislation.
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