Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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Cues tio nes Po lí ti cas
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Vol. 40, Nº 72 (2022), 222-244
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Use of electronic forms of direct
democracy: international experience and
perspective ukrainians
DOI: https://doi.org/10.46398/cuestpol.4072.12
Bohdan Kalynovskyi *
Andrii Khalota **
Pavlo Horodnytskyi ***
Daryna Radomska ****
Abstract
The international experience in standardizing the
implementation of e-democracy is studied. Thanks to a set of
methodological approaches (synergistic, complex, humanistic)
and methods of scientic knowledge of social phenomena and
processes se identify the prospects for the introduction of direct
e-democracy in modern Ukraine and propose priority measures
for the implementation of state policy in the eld of training and
development of e-democracy, based on modern management technologies.
It is concluded that, as a form of realization of rights, e-democracy should
be considered as an alternative to traditionally recognized methods and
practices of law enforcement, and the purpose of its implementation is
to promote the expansion of opportunities for the realization of citizens’
rights. It also emphasizes that the idea of digitalization of the state must
be balanced with the awareness of the practical usefulness of the model, its
instrumental importance for the achievement of sustainable development
goals and its progress, considering existing and potential risks.
Keywords: democracy; e-democracy; e-government; e-voting; petition.
* Doctor of Laws, Professor, Head of the Department of Constitutional Law and Human Rights of the
National Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-9654-
0201
** Candidate of legal sciences, Assistant Professor, Leading researcher of the research laboratory of
problems of legal and organizational support of the Ministry, State Research Institute Ministry of
Internal Aairs of Ukraine, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-8505-0055
*** Postgraduate student of the Department of Constitutional Law and Human Rights of the National
Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0003-4390-0685
**** Postgraduate student of the Department of Constitutional Law and Human Rights of the National
Academy of Internal Aairs, Assistantconsultant to Member of Parliament Ukraine, Kyiv, Ukraine.
ORСID ID: https://orcid.org/0000-0001-5793-7513
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Uso de formas electrónicas de democracia directa:
experiencia internacional y perspectiva Ucranianas
Resumen
Se estudia la experiencia internacional en la estandarización de la
implementación de la democracia electrónica. Gracias a un conjunto de
enfoques metodológicos (sinérgicos, complejos, humanísticos) y métodos
de conocimiento cientíco de los fenómenos y procesos sociales se
identican las perspectivas para la introducción de la democracia electrónica
directa en la Ucrania moderna y se proponen medidas prioritarias para
la implementación de la política estatal en el campo de la formación y el
desarrollo de la democracia electrónica, basadas en tecnologías de gestión
modernas. Se concluye que, como forma de realización de los derechos, la
e-democracia debe ser considerada como una alternativa a los métodos y
prácticas de aplicación de la ley tradicionalmente reconocidos, y el propósito
de su implementación es promover la expansión de oportunidades para la
realización de los derechos de los ciudadanos. También. se enfatiza que la
idea de digitalización del estado debe equilibrarse con la conciencia de la
utilidad práctica del modelo, su importancia instrumental para el logro de
las metas de desarrollo sostenible y su progreso, teniendo en cuenta los
riesgos existentes y potenciales.
Palabras clave: democracia; e-democracia; e-gobierno; e-vote; petición.
Introduction
The right of the people as the bearer of sovereignty and the only source of
power in Ukraine to directly exercise power is guaranteed by the Constitution
(Article 5 Part 2) (Constitution Of Ukraine, 1996). It is known that the issue
of democracy is complex and multifaceted, one of the aspects of which is
the introduction of digitalization and the introduction of electronic means
in public life. The dynamics of life requires the use of digital technologies
in the activities of public authorities and local governments, to implement
projects such as «e-government», «digitalization of society», «state in a
smartphone», «e-government», «digitalization of administrative services»
and more. Without digitalization and the tools of direct democracy in
modern conditions, it is impossible to do without the knowledge of real
rather than imaginary needs and demands, thoughts and feelings of the
population, as well as the collective, solidary mind of the people.
More and more countries around the world are implementing
e-democracy tools to shape new policies based on citizens-government
relations based on transparency and full trust between the two sides. World
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Use of electronic forms of direct democracy: international experience and perspective ukrainians
leaders in the development of e-democracy have been able to reach a level
where all instruments are a single eective communication system that
strengthens and promotes the most eective bilateral dialogue between
government and society. The experience of e-democracy development in
these countries should be studied and applied taking into account national
specics for Ukraine as well.
Prospects for expanding the range of applications and, consequently,
increasing the availability of direct democracy procedures through the use
of information technology are determined primarily by: the need to create
conditions for systematic public involvement in public administration
and solve all pressing problems; the need to direct public initiatives in the
plane of constructive interaction with the state; requirements for ensuring
openness and transparency in the activities of the management sta. In
addition, awareness of one’s own involvement in state-building processes
will certainly contribute to the development of an active civil position as
one of the main conditions for the formation of a capable civil society.
It should be emphasized that in Ukraine the development of e-democracy
and e-government has been identied as one of the priorities of the Strategy
of State Policy to Promote Civil Society Development in the Context
of Optimizing Social Dialogue Mechanisms and Institutions of Direct
Democracy (Presidential Decree, № 212/2012). However, the study of
foreign experience in building models of e-democracy for its use in practice
is relevant.
1. Methodology of the study
The research methodology of the article is based on a set of methodological
approaches and methods of scientic knowledge of social phenomena and
processes. The synergetic approach helps to predict possible uctuations
and vectors of development, taking into account dierent social and
technical processes of inuence on e-government; comprehensive –
provides an analysis of the subject of research and provides opportunities
to develop common standards, standards, principles and general rules of
legal regulation; humanistic – normalizes the manifestations of coercion in
the construction of the constitutional order and human values in the theory
of constitutionalism in the formation and functioning of e-government.
A set of methods was used, including: dialectical - in the analysis of the
phenomenon through its normative-legal and law-enforcement genesis;
hermeneutic - in the interpretation of regulations, proposals for improving
the conceptual and categorical apparatus; transcendental - to reect
the dominance of the primacy of human interests in the functioning of
e-democracy; constitutional comparative studies – in isolating a group of
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states according to the level of technology implementation, which makes it
possible to reect the relationship between e-government and democratic
government; legal forecasting – to determine the prospects for further
development of the constitutional law of Ukraine in the modern conditions
of constitutionalism, to identify areas for the development of e-democracy;
legal and statistical – in reecting the eectiveness of national government
on various criteria, including national indicators, statistics of other
countries used for comparison.
2. Analysis of recent research
Forms of democracy related to e-democracy and digitalization of public
relations have become the subject of interest over the past few years M.
Castells (Castells, 2004), S. Dzyuba (Dzyuba, 2012), N. Hrytsyak (Hrytsyak,
2015), N. Jincharadze (Jincharadze, 2012), R. Lindner (Lindner, 2020),
V. Pogorilko (Pogorilko, 2010), O. Romanchuk (Romanchuk, 2020),
S. Solovyov, V. Danilenko (Solovyov and Danilenko, 2012), J. Tomkova,
D. Hutkii (Tomkova and Hutkii, 2017) and others. However, most studies
reveal either theoretical aspects or criticize and identify shortcomings in
the process of implementing e-democracy. There is very little objective,
comprehensive work on the introduction of e-democracy in Ukraine. It is
these circumstances that determined the choice of the topic of the scientic
article, object, subject and purpose of the study.
The presence of a variety of recommendations for improving legal
regulation requires a certain theoretical and methodological generalization
to dene the concept of «e-democracy», areas of solving legal problems of
its development, which given the importance of e-democracy tools for the
current stage of development of Ukraine is important.
The aim of the article is to develop practical recommendations for
clarifying approaches to the formation and implementation of state policy
of Ukraine in the eld of formation and development of e-democracy, which
would be based on current constitutional principles, take into account global
recommendations in this area and use modern management technologies.
3. Results and discussion
Democracy is the main value of the international community,
supporting democracy, humanity promotes human rights, development,
peace and security. Democracy promotes good governance, monitors
elections, supports civil society to strengthen democratic institutions and
accountability, ensures self-determination in decolonized countries, and
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Use of electronic forms of direct democracy: international experience and perspective ukrainians
assists in the development of new constitutions in post-conict countries.
The basis of democracy for the legal status of the individual is pointed out by
the European Court of Human Rights, where paragraph 47 of the judgment
states that fundamental human rights and freedoms are best supported by
«eective political democracy» (Mathieu Mohin And Clerfayt V Belgium,
1987).
The UN, in its 2005 World Summit Outcome, states that democracy
is a universal value based on the free will of the people, who determine
their political, economic, social and cultural systems, and on their active
participation in addressing all aspects of the issue. his life (UN General
Assembly, 2005). Thus, the world community emphasizes the sovereign
right of the people of each state to participate in the decision-making
process on any issues concerning their lives.
According to the IDEA (Intergovernmental International Institute for
Democracy and Electoral Assistance):
In recent years there has been a transformation of civic space caused by the
use of information and communication technology, which is the transformation
of political parties and the transition to individualization of civic activity. it is often
established through networks and social media (The Global State Of Democracy
2019 Addressing The Ills, Reviving The Promise).
Today, e-democracy tools provide many new channels for community-
to-government feedback. They also allow the justication of decisions from
the government to the community. This new circumstance for Ukraine
poses new challenges to communication between government and society
(Shiyan, 2019). Electronic technologies allow the development of democratic
procedures, their importance is that they can be communicative, not just
informative. Therefore, the democratization of government institutions,
the possibility of increasing the participation of citizens at every stage of
government relations contributes to the democratization of the state.
Leading scholars argue that electronic technology has a positive
eect on democratic procedures. First, expanding, if not strengthening,
political democracy, where such democracy already exists, in terms of
technologies that provide citizens with access to information and the ability
to communicate, helps to restore some government responsibility to its
people that has been blurred or diminished by markets and globalization.
Similarly, if not the weakening of authoritarian regimes where democracy
does not exist, the same technology also helps to restore or create some
accountability of the government to its people, because in a globalized world
where citizens are aware of the reality in other countries, even authoritarian
regimes ultimately are responsible if only to support themselves.
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Second, globalization technologies, which empower citizens through the
dissemination of information and communication, contribute to political
mobilization when the eects of markets and globalization cross the
threshold of tolerance in countries where democracy exists in some form. In
fact, such empowerment provides checks and balances that work through
the democratic political process to impose restrictions or adjustments.
Similarly, in countries with authoritarian regimes, citizens with much
greater access to information and communication are able to articulate a
political voice on issues where they are aected by outcomes that may be
related to markets and globalization (Nayyar, 2015).
In each country, democratic and human values, as well as ethical
considerations, are integral parts of the technological aspects of e-democracy,
driven by the demands of democracy, not technology. At the same time,
e-democracy does not promote any specic type of democracy and in the
near future will become an integral part of the public administration system,
in connection with which the authorities must do everything possible to
increase public condence in government.
Another positive of the electronic means of democracy is its universality,
namely the ability of a wide range of electoral participants to participate
in elections and other forms of public participation. Proponents of
e-democracy argue that this form is not just a matter of convenience: since
e-voting is not just a logical extension of everyday transactions and Internet
applications in the economy and government, but a way of exercising
political law, deeply embedded in democratic traditions and constitutions,
its introduction and acceptability depend on its ability to respect, defend
principles, and promote principles related to this most dening component
of democracy (Mitrou et al., 2003).
In recent decades, neologisms such as e-society, e-economics, e-medicine,
and many others have become widespread, which are gurative and
capacious reections of the widespread impact of information technology
on human activity (Stoneyer, 1986). Then came the derivatives of these
neologisms: «e-government», «e-customs», «e-doctor», «e-business»,
«e-commerce», including «e-democracy» (Declaration of Principles, 2003;
Castells, 2004). Undoubtedly, a powerful catalyst for the use of these
neologisms is the extremely wide spread of the idea of the information
society.
The formulation of the denition of the term «e-democracy» needs
appropriate prior explanation.
The Strategy for the Development of the Information Society in Ukraine
denes e-democracy (e-democracy) as «a form of public relations in
which citizens and organizations are involved in state-building and public
administration, as well as local self-government through the widespread
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use of information and communication technologies» (On Approval Of The
Information Society Development Strategy In Ukraine, 2013).
E-democracy as a component of the social institution of democracy
in the modern information society contributes to the realization of its
functions: the functions of reproduction at a new level of social relations
(relations «citizens – power» are organized taking into account new digital
technologies). enriches with new forms and lling); regulatory function,
which is expressed in providing citizens with resources and authority to
participate in politics, overcoming «information inequality», prosecution
for oenses committed in the use of e-democracy tools (Tomkova, Quick);
integrative function (reduction of social distance between government and
citizens, consolidation and coordination of resources, eorts and actions
of public authorities, citizens and business) (LAW OF UKRAINE «ON
APPROVAL OF THE CONCEPT OF E-DEMOCRACY IN UKRAINE AND
ACTION PLAN FOR ITS IMPLEMENTATION»). Its feature is the bilateral
usefulness for the subjects of the political-constitutional process. For
citizens, it consists in the possibility of real participation in the activities of
public authorities, and for the subjects of power relations - in the possibility
of obtaining real public opinion.
In general, we share the position of scholars who note that:
E-democracy is an innovation that not only allows to adapt democratic
procedures to the requirements of modern society in form, but also brings new
meaning to the institution as a whole. This concerns, rst of all, bringing the
objects of power closer to its subject, removing unjustied barriers between them,
and, consequently, bringing the relations between the authorities and citizens,
which are the essence of democracy, to a new level, expanding opportunities to
strengthen civil society (Savka and Mishok, 2018).
It seems that the positions of various foreign scholars largely coincide in
the fact that they believe that the close connection between the development
of direct democracy, in particular e-democracy, and increasing the level of
responsibility of the state and its bodies to society, which determines the
discourse, in particular, and in the eld of constitutional and legal research
of the phenomenon of legal responsibility of the state. Thus, the practical
value of creating a complete mechanism of constitutional and legal
regulation of direct democracy in modern Ukraine is objectively growing.
It is believed that it is «e-democracy» with the full range of modern tools
that use technology, creates the basis for the eective implementation of a
large number of dierent traditional types of direct democracy, including
elections, referendums, public opinion polls, plebiscites, public debates,
popular initiatives, petitions (collective written appeals), meetings, etc.
(Pogorilko, 2010) forums on websites, electronic public opinion polls,
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etc. These e-democracy tools, both traditional and new, under certain
conditions help to involve the maximum number of people in the decision-
making process to whom these decisions can directly aect. Thus, the
harmonious combination of various tools of e-democracy as certain forms
of direct democracy and forms of traditional representative democracy
makes it possible to minimize certain shortcomings of the latter.
The advantages of e-democracy are as follows: a signicant reduction
in the cost of democratic procedures; reducing the cost of interactive forms
of interaction with citizens, which allows public authorities to take more
fully into account the views of dierent social groups in decision-making;
involving citizens in decision-making at an earlier stage and in a closer
form; involvement of social groups of citizens with disabilities, who nd
it dicult to ensure their public rights through «traditional» forms of
democratic participation; strengthening citizens ‘trust in the state due to
the image functions of new communication channels, creating the illusion
of citizens’ participation in decision-making (Dzyuba, 2012).
E-democracy is the involvement of citizens in the process of making
and making government decisions. A special form of democracy that
has formed in the information society and uses modern information and
communication technologies. Its essence is that due to the well-established
system of electronic communications, all citizens of the country are involved
in the government decision-making process, and the process itself turns
into a bilateral dialogue between government and citizens, where each
party has full condence in each other. accessibility and transparency.
From a scientic and methodological point of view, e-democracy is
a unique legal phenomenon – sui generis, which can be studied using
comprehensive interdisciplinary tools – the theory of constitutional law,
general legal hermeneutics, systems theory, cybernetic analysis, political
engineering, and more. As experts aptly point out: «Internet democracy
is a way to raise the question of democracy again /… / Technical solutions
reveal the fact that» digitalization «raises the question of a kind of re-
establishment of democracy or modernization of democracy» (Center
for Modernization Decisions. How to modernize democracy: challenges
and prospects of e-democracy). The complex, hybrid nature of this legal
phenomenon determines the integrated scientic approach to master the
specics of the emergence and implementation of constitutional rights of
citizens arising from the use of information technology in political and legal
reality.
Thus, given the analyzed denitions of the term’s “democracy” and
“e-democracy”, we propose the following denition: e-democracy is a
democracy for which signicantly increases the eectiveness of democratic
institutions, democratic processes and the spread of democratic values,
using various tools based on computer technology.
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Eective implementation of e-democracy requires appropriate
conditions: active provision of balanced and objective information that
will help the public to clearly understand the problems, alternatives,
opportunities and / or solutions to democratic problems, which is
closely related to freedom of information and freedom of speech; broad
understanding of citizens who live permanently and are integrated into
the political reality, regardless of nationality; involvement of citizens,
corporations, associations and non-prot organizations in democratic
processes; support for civil rights and the provision of resources for
participation in democratic processes; developing skills, available and
available tools and a combination of electronic and non-electronic
approaches.
Modern international experience shows that e-democracy is the most
eective type of government, which can take dierent forms in dierent
countries depending on political and constitutional traditions and which
guarantees the eective reform of the state and society, which is extremely
important in general. for Ukraine and for each individual. Many countries
around the world are making signicant eorts to improve the system
of democracy, in particular through the use of information technology
technologies.
The world and European practice of involving the public in the political
process with the help of information technologies is quite diverse. There
are a number of successful examples of the introduction of elements of
e-democracy in the country’s political life. Let’s analyze foreign practices
in the implementation of various forms of electronic democracy, the
geography of which proves the feasibility of these experiments, and the fact
that it is in such schemes hidden the future of democratic political systems
(Isaev, 2008).
According to the peculiarities of application, the following are
distinguished: – American model of e-government. Operates in the USA and
Canada. Provides for: simplication and reduction of public contacts with the
authorities; establishing direct communication with government agencies;
– European model (Western, Central, Eastern Europe). Characteristic
features – functioning in the conditions of supranational structures: The
European Parliament, the European Commission, the European Court. The
obligation to implement the decisions of these institutions by the member
states of the European Union leaves its mark on e-government, which is
to level the playing eld and coordinate the work of government; – The
Asian model is implemented based on the peculiarities of governance in the
East – a strict hierarchy, compliance with corporate rules of communicative
behavior. This model, introduced in South Korea, is marked, for example,
by the wide access of the population to information resources, as well as
the introduction of information technology in the elds of education and
culture.
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Among the simplest forms of e-democracy, which is gradually being
introduced in dierent countries around the world, we can single out the
organization of Internet voting in elections and referendums.
The simplest indirect form of e-democracy is online voting. This is
the simplest way, which requires only purely technical solutions: voter
identication; security of data protocols; monitoring the voting process.
A similar experiment was conducted in the UK in 2002-2003 by a
parliamentary group on e-democracy. Not only the election commission but
also the largest academic institutions took part in this experiment. In two
major cities, Sheeld, and St. Albans, respectively, three and two polling
stations provided voters with the opportunity to vote online. A similar
experiment was conducted in Bologna, Italy, in January-February 2002,
when a structured online debate system was created as part of the Demos
project. Similar experiments were also conducted in other Italian cities at
the level of self-government bodies (Hrytsyak, 2015).
The European Court of Human Rights in Liberal Party, Mrs R. and Mr
P. v. The United Kingdom has determined that «any electoral law must
be seen in the light of the political evolution of the State concerned, since
certain features which cannot be considered acceptable in the context of one
system may be justied in the context of another», which must states the
state to adhere to the 107 fundamental principle of Article 3 – the principle
of «free expression of people’s views when choosing a legislature» (Liberal
Party, Mrs R. And Mr P. V. United Kingdom, 1980).
An unconditional advantage of electronic voting systems is the
facilitation of access to the procedure of expression of will for persons
with disabilities and the general eciency of obtaining its results. At the
same time, remote online voting using direct electronic registration causes
problems with voter identication and the need to protect the secrecy of
the ballot. As a result, in many developed countries with a high degree of
penetration of Internet technologies (Germany, Italy, Spain, Ireland) the
implementation of full-scale programs for the introduction of electronic
voting has been postponed.
At the same time, the practice of addressing the public not only as
an instance of approval / disapproval of certain political decisions, but
also as an equal partner of the state in the development of public policy
is becoming more widespread. In the countries with the largest Internet
audience, examples of the use of such skilled participation of active citizens
were the most successful:
• In Iceland (97.8 % of the country’s residents are Internet users;
during the discussion of the draft Constitution on social networks,
the website of the Constitutional Council received 3,600 comments
and more than 300 ocial proposals, after which the draft Basic
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Law of the state was submitted to parliament and public).
• In New Zealand (during the revision of the law on public police in
2007, a wiki version of the new bill was presented to the public,
which could be amended by any citizen; 234 proposals were received
and taken into account; according to experts, citizen participation
was one of the key aspects in the process of drafting the law);
• In Estonia, electronic voting has been used since 2005 in local
elections, and since 2007 in parliamentary elections. If in 2005 only
2 % of Estonian voters voted in this way, in the 2011 parliamentary
elections this gure reached 24 % (Electronic Democracy: Citizens
and Government).
• In the UK, Prime Minister D. Cameron launched the Big Society
initiative in 2010 to increase the involvement of citizens and non-
governmental organizations in addressing social issues, involving as
many people as possible in the adoption of important issues. public
decisions, since the end of 2010 there is an ocial government
website of the initiative, where anyone can leave comments, links
and videos related to the idea of «Great Society» (Dorodeyko, 2011).
• According to the Norwegian Local Government Act, citizens have
the right to submit proposals (public initiative) to the council. In
2013, the Ministry of Local Self-Government initiated the creation
of a relevant website and introduced a system for submitting local
e-petitions. Today, residents of the municipality can publish their
proposals on the website, and citizens can sign them in support
(Reinsalu, 2010).
• Poland has adopted a law on special rules for the conduct of general
elections of the President of Poland regarding the provision of
presidential elections exclusively by voting by mail (Opinion On The
Draft Act On Special Rules For Conducting The General Election Of
The President Of The Republic Of Poland, 2020).
At the same time, foreign experience shows that e-democracy can
violate established constitutional values. Let’s turn to the experience of
foreign countries. The German Constitutional Court has ruled that any
form of electronic voting is unconstitutional for a number of reasons: voters
have to blindly trust technology, they have no way of actually knowing how
computers count their votes, and any electronic or new system should be as
clear and usable by a layman as the system it replaces (pen and paper for
a physical ballot). This, in fact, makes it impossible to introduce any new
e-voting system in Germany at current levels (The Federal Constitutional
Court. Judgment Of The Second Senate, 2009).
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According to a UN study, New Zealand and Japan are among the leaders
in the development of e-democracy. These countries have managed to
eectively develop the tools of democracy such as citizen information,
e-voting and consultation, the parliament, the petitions system, etc.,
and to establish two-way communication between governments and
citizens. In New Zealand, an e-parliament website has been set up where
parliamentarians pass laws, discuss important issues and monitor the
Government’s activities. The site presents the personal pages of all members
of parliament. These pages have all their contact details, as well as links to
their pages on social networks. The e-Parliament portal also provides for
the submission of electronic petitions by citizens (RECOMMENDATION
CM / REC, 2009).
Japan is one of the three world leaders in the development of e-democracy
tools. As in New Zealand, the country has an online government system,
which is also characterized by its openness and accessibility to all citizens,
convenient and easy-to-use technologies, through which public-government
dialogue brings eective results, important for the development of the
whole country (Solovyov and Danylenko, 2012).
U.S. experts point out that in the last decade there have been numerous
high-prole cases of attacks on Internet portals, as well as virus infections
that have blocked the websites of government agencies and large
corporations. Given the high stakes in the election, it is reasonable to
assume that criminals – especially in countries with specic geopolitical
opponents – may specically create and deploy attacks and / or malware
designed to manipulate the vote. Expert reports show that while e-voting
systems have improved, federal and state governments have not committed
to the widespread use of e-voting in future elections. More funding, research
and civic education (Oce Of Management And Budget. E-Government
Strategy, 2002) are needed to apply such a vote.
Paragraph 4 of Resolution 290 (2009) «E-Democracy: Opportunities
and Risks for Local Authorities» indicates that there are no clear or common
models to be adopted, but important lessons for its implementation have
already been learned and there are clear principles to be applied (Resolution
290 E-Democracy, 2009). Thus, this proves the basic principle of the legal
essence of electronic voting – it must meet dened, tested and approved
by the international community standards reected in the principles of
surage as a system of basic provisions common to the legal regulation not
of individual types of elections but of all political elections (Romanchuk,
2020).
Although parliaments and society are deeply interested and enthusiastic
about using information technology to improve dialogue with citizens,
many challenges remain. Parliaments have succeeded in using information
technology to disseminate information to the public, but only a few truly
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interactive parliamentary websites are available today. Deputies, parliament
and political parties still use web pages mainly as a way of monologue.
Foreign experience also makes it possible to state that legislative
procedures and regulations are not eective without comprehensive
support and systemic guarantees. Important at the stage of introduction of
electronic voting is the introduction of another principle - legal certainty,
which requires regulatory regulation of the procedure in accordance with
the latest technical standards. The introduction of this type of voting is
inadmissible if constitutional norms prohibit such a form, such as Art. 26
of the Austrian Constitution, so electronic voting can be introduced only
after amendments to the Constitution.
The principle of legal certainty provides for the introduction of electronic
procedures without a radical change in the democratic foundations. In
most countries, as in Ukraine, the current election law does not provide
for electronic voting, so new legislation needs to be developed. This new
legislation may provide for three dierent forms: an interim law allowing
experiments with electronic voting; change of the current election law or
implementation in the existing legislation; temporary law on electronic
voting with further changes in surage (Romanchuk, 2020). International
standards (in particular, the Venice Commission in its reports) state that
electronic voting does not violate political human rights and can take
place subject to the general constitutional requirements of democracy
(VERFASSUNGSGERICHTSHOF. DECISION V 85-96 / 11-15, 2011).
The above leads to the conclusion that e-democracy implies a gradual
implementation process. In our opinion, such technology should be tested
at dierent levels, implemented gradually and with a reasoned analysis of
specialists, experts.
Among the important tasks of Ukraine on the way to the European
community is the development of the information society. The Institute of
Electronic Democracy has begun its implementation in Ukraine, and the
rapid development of electronic democracy in Ukraine is recognized by the
UN: since 2015, our country has signicantly increased its position in the
ranking of e-democracy and now ranks 32nd (Makhnachova, 2018).
The formation of the legal framework for the functioning of e-democracy
began in 2003, when the laws «On electronic documents and electronic
document management» and «On electronic digital signature» were
adopted (Klymchuk et al., 2021). The preconditions for the formation of
e-democracy in Ukraine were the expansion of public access to the Internet
and the intensive development of the IT sector. Civil society takes an active
part in the formation of e-democracy in Ukraine (Makhnachova, 2018).
Regulatory framework that denes the basic principles and practical
mechanisms for implementing information technology in state and public
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life: the Law of Ukraine «On Basic Principles of Information Society
Development in Ukraine for 2007-2015», Strategy for Information Society
Development in Ukraine, Action Plan for Implementation in Ukraine Open
Government Partnership Initiative, Action Plan for Implementation of the
Open Government Partnership Initiative. Some aspects of the dissemination
of information and computer technologies are regulated by the Strategy of
State Policy to Promote the Development of Civil Society in Ukraine.
On May 15, 2013, the Cabinet of Ministers of Ukraine adopted the
Order «On Approval of the Information Society Development Strategy in
Ukraine», which provided for the main directions of e-democracy, namely:
improving the regulatory framework, using new technologies, forming a
culture of communication, creating «Electronic Parliament» new projects,
etc. (On Approval Of The Information Society Development Strategy In
Ukraine, 2013).
The key legal act that today denes the directions of e-democracy
development in Ukraine is the Concept of e-government development in
Ukraine, approved by the Cabinet of Ministers of Ukraine. This document
sets out the key goals, priorities and measures for the development of
e-government in the coming years. The President of Ukraine, the Cabinet
of Ministers of Ukraine and the entire system of executive bodies, as well
as local self-government bodies are involved in the implementation of the
e-democracy program in Ukraine.
According to the Concept, the formation of political, organizational,
technological and ideological conditions for the development of e-democracy
in Ukraine is envisaged, which is characterized by the growth of a wide
involvement of citizens municipal right to communication, cooperation
with state authorities, control over them, participation in policy-making,
development of self-organization and self-government, as well as the level
of trust in the subjects of power; harmonization of state policy standards in
this area with international, in particular European standards.
It is necessary to introduce electronic voting, as well as electronic
election process, electronic referendums and electronic plebiscites;
ensuring the institutionalization of e-democracy tools; wide involvement
of individuals and legal entities in the development and use of e-democracy
(Law of ukraine «on approval of the concept of e-democracy in ukraine and
the action plan for its implementation»). The Concept also stipulates that
the «most common tools» of e-democracy used today in Ukraine at both
the national and local levels are e-consultations, e-petitions, e-appeals,
participation budgets (public budgets). Resources have also been created
for the publication of datasets in the form of open data, including through
electronic platforms such as Civil Society and Government, Smart City
or the Single System of Local Petitions, which combine several electronic
tools for participation (Law Of Ukraine On Approval Of The Concept Of
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Development Of Electronic Democracy In Ukraine And Action Plan For Its
Implementation, 2017).
Dierent cities of Ukraine have started to implement various tools
of e-democracy: e-appeals, e-petitions, e-discussions, e-procurement,
e-budgets, e-public budgets (participation). Some cities create dierent
services on their own, such as e-petitions, electronic queues for kindergartens
or open data portals, while others use electronic platforms, such as the
«Single Local Petition System» or «Smart City», which combine several
e-petitions. -institution tools. The choice of the model of e-democracy in
cities is entrusted directly to local governments and active citizens (Loboyko
and Nakhod, 2017).
The e-parliament tool is actively working in Ukraine (citizens can get
acquainted with the texts of Ukrainian legal acts, as well as provided access
for deputies to all documents on the agenda of the plenary session on mobile
devices by creating an application), e-justice, e-consultations. Electronic
petitions are among the most important tools of e-democracy in Ukraine.
The legislative basis for their introduction was the introduction in 2015
of amendments to the Law of Ukraine «On Citizens’ Appeals» concerning
electronic appeals and electronic petitions.
Another eective tool for e-democracy is public participation budgets,
through which citizens can determine what needs to be spent on. ProZorro’s
public procurement control systems have become one of the most eective
Ukrainian reforms in recent years (Makhnachova, 2018).
A number of regional projects of interactive electronic interaction with
the public are being implemented. In particular, the rst region of Ukraine
where the e-government system was successfully implemented was
Dnipropetrovsk region (Dnipropetrovsk region is a leader in innovation
management in Ukraine). In May 2013, the Internet portal «Dialogue for
Reforms: Implementation of Socio-Economic Reforms in Luhansk Region»
was launched. The portal operates in two main areas: as an information
database on socio-economic reforms and their implementation in Luhansk
region; as a communication «platform» for discussing reforms. Each
user of the portal has access to a database of reforms, can leave their
suggestions and comments, as well as receive up-to-date information on the
implementation of reforms. In September 2013, the rst Regional Center
for e-Government Development in Ukraine was opened in the Autonomous
Republic of Crimea (e-Democracy: for the rst time in Ukraine, 2008).
A relatively new institution in the systematization of national forms of
direct democracy, institutionalized in Ukraine, is the institution of electronic
petitions. It was introduced by the Law of Ukraine «On Amendments to the
Law of Ukraine» On Citizens’ Appeals «Concerning Electronic Appeals and
Electronic Petitions» of July 2, 2015. According to it, citizens can apply to
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the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of
Ministers of Ukraine, local governments with electronic petitions through
the ocial website of the body to which it is addressed, or the website of a
public association that collects signatures in support e-petition. In fact, this
law has provided ample opportunities for the introduction of e-democracy
in Ukraine.
At the same time, it is not without some systemic shortcomings that
complicate the implementation of this form of direct democracy. Thus, the
Law gives the right to submit electronic petitions only to citizens of Ukraine,
while according to Art. 40 of the Constitution of Ukraine, all (not only
citizens of Ukraine) have the right to send individual or collective appeals
to the relevant authorities. At the same time, a signicant shortcoming of
the Law is the lack of a mechanism for verifying the signatures of citizens
in support of the electronic petition and determining the legality of the
vote cast in its support. Establishing a suciently high «threshold» for a
special procedure for consideration of electronic petitions by higher state
authorities minimizes the inuence of citizens on public policy-making,
while all other petitions are considered according to the algorithm of
consideration of ordinary citizens’ appeals.
At the same time, it should be noted that the tools of real inuence of the
population on the formation and implementation of government decisions
with the help of information technology are currently extremely limited.
It should be noted that Recommendation 17 points to the need to «amend
the legislation to allow the Central Election Commission to implement pilot
projects and test new voting technologies both in a safe environment and in
real elections; the government should provide funding for such activities at
the appropriate level. The introduction of new technologies into the election
process should be preceded by extensive consultations and information
campaigns, as well as independent feasibility studies» (Recommendations
from the results of the national conference: «presidential and parliamentary
elections of 2019 in Ukraine», 2020).
The possibility of electronic voting in Ukraine is currently lacking both
in terms of legal support and in terms of organizational and technical
feasibility. The organization of electronic elections requires the development
of special software and hardware that will guarantee protection from
hacker attacks and reliable identication of citizens in order to prevent the
interference of interested parties in the voting process. The development
and implementation of e-voting can be a key tool in e-democracy to help
ensure the accuracy and transparency of elections, free access to voting
information, and free participation of citizens who for some reason cannot
be present at polling stations. One of the important problems hindering the
active development of e-democracy is the uneven coverage of the Internet.
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In our opinion, the factors hindering the formation of e-democracy
in Ukraine are the low level of user interest in e-interaction with public
authorities, lack of competence in e-democracy, low rates of e-interaction
between government and citizens, ignorance and indierence of the
population regarding opportunities for the use of information technology
for communication with the authorities cause an unsatisfactory level of
implementation of e-democracy in Ukraine.
The introduction of Ukraine’s e-justice system, although noted by
politicians and government ocials as an important task of judicial reform,
has been rather slow. Although the share of electronic information systems
in litigation is gradually increasing, electronic communication between the
parties to the proceedings is almost non-existent, and remote litigation is
more the exception than the rule.
There are signicant problems with the format of data exchange,
protection of information processed in the judicial system. Electronic
document management is used only in parallel with traditional paper.
International, in particular, European experience in the development of
e-justice is insuciently studied and applied. Implementation of e-justice
projects is carried out separately, without a single system, with insucient
funding (Semenchenko and Dereshpak, 2017).
Despite the achievements of recent years, it is worth pointing out the
factors that slow down the development of e-democracy in Ukraine: -
failure to obtain terms and conditions for the introduction of information
technology in public administration, provided by the relevant plans and
target programs; inconvenience in the use of many government web
resources (especially interactive services), their lack of functionality and
low eciency of updating; preservation of regional disparities in the
spread of information technology (“digital inequality”); low general level of
information and computer literacy of government ocials (Voznyuk, 2014).
Agreeing with many scholars on the prospects of e-democracy, we can
state the following systemic barriers to its spread in Ukraine: uncertainty
of public policy in the eld of e-democracy, as well as promising ways to
implement it; imperfection of legal support in the eld of e-democracy,
rst of all, imperfection of the system of normative-legal regulation; low
level of involvement of civil society actors in the processes of improving
public policy in the eld of e-democracy, as well as in the implementation
of its individual tools; insucient level of information infrastructure
development, inequality of access to the Internet and information computer
technologies as the main conditions for ensuring the development of
e-democracy; low level of public awareness about the content and features of
the use of various tools of e-democracy, as well as methods and aids to their
application; lack of motivational levers, the level of knowledge and skills
of civil servants, local government ocials, citizens on the development of
e-democracy.
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Among the set of these main problems, of course, the problem of
improving the legal regulation of social relations in the implementation
of democratic processes in the use of information technology is extremely
important (Baranov, 2017).
Thus, even though Ukrainian citizens can already use many tools of
e-democracy, the transition from a one-sided format to real communication
between government and society is now underway. We believe that a
necessary step to enhance e-democracy is to increase the electronic literacy
of citizens, especially the elderly. This step involves the introduction of free
programs and courses to familiarize people with the possibilities of using
information technology to communicate with the authorities and inuence
government decision-making. However, to overcome obstacles to the
development of e-democracy, support for this area by government bodies
and authorities is of paramount importance.
Scholars suggest ways to improve legislation in the eld of e-democracy:
• Disseminate new additional platforms, online libraries, archives
and information digests, group news and web rooms for expert
discussions, electronic mechanisms for summarizing the results
of discussions (Hrytsyak, 2017) to establish political and legal
communication, dominance of electronic forms of interaction
between authorities’ public authorities at various levels and the
public.
• Intensify public discussions and debates of legal and political spheres
in order to develop the constitutional principles of interaction
between the state and civil society (for example, N. Dzhincharadze
proposes to introduce the practice of interactive participation of
citizens in local council meetings.
• To introduce an electronic form of legislative initiatives to public
authorities, generalization and implementation of proposals and
requirements of citizens in the regulatory sphere.
• To increase the level of technical and e-education by mastering
the electronic mechanisms of e-democracy of public ocials and
ordinary citizens.
• Implement measures to implement protection of the e-government
mechanism from external inuences, cyberattacks, technical errors,
etc. (Romanchuk, 2020).
In general, we state that the active introduction of information
technology in the system of socio-political relations signicantly expands
the opportunities of citizens to participate in joint aairs, creates conditions
for the formation of a qualitatively new level of activity of citizens who
use modern electronic technologies not only for personal but also goals
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of socio-political participation at all levels of public administration. In
the constitutional and legal eld of Ukraine there are no fundamental
obstacles to the comprehensive development and application of electronic
mechanisms of democracy, and the existing regulatory framework creates
the necessary basic conditions for the formation of a national system of
e-democracy.
Conclusions
The problems studied in the scientic article prompted them to
comprehend and develop directions for the use of electronic forms of direct
democracy in Ukraine. Based on this, we made the following conclusions:
E-democracy is a form of realization by citizens of their political and
civil rights through the use of digital or information and communication
technologies. As a form of realization of rights, e-democracy should
be considered as an alternative (subsidiary) option to traditionally
recognized ways and practices of law enforcement. Therefore, the purpose
of implementation is to promote the expansion of opportunities for the
realization of citizens’ rights.
The development and implementation of e-democracy policy by
parliament, public authorities and local governments only makes sense
if there is a real recognition of the need to use digital technologies, with
an appropriate legal basis, for the development and strengthening of
democratic practices. The idea of digitalization (digitalization) of the
state should be balanced by awareness of the practical usefulness of the
model, its instrumental signicance for achieving the goals of sustainable
development and progress, taking into account existing and potential risks.
The goal of state e-democracy policy is to provide multi-vector interactive
communication streams designed to bring together citizens, deputies at all
levels and the executive branch. The eectiveness of the implementation
of e-democracy depends on many factors that require scientic and expert
discussion and the formation of an appropriate concept of development.
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