The proportional electoral system in parliamentary elections: open and closed electoral lists in light of European experience

The codification of electoral legislation has brought changes to the Ukrainian legal system that are, in some cases, debatable, and in others, highly anticipated by society. One such change was the introduction of open party lists in parliamentary elections. The purpose of this study is to identify the most effective and relevant type of proportional electoral system for post-war Ukraine to conduct elections for the Verkhovna Rada of Ukraine while adhering to democratic procedures. The authors analyze various approaches to understanding electoral systems in general, as well as the content of proportional electoral systems and their specific types. Both the advantages and disadvantages of proportional systems with closed and open party lists are considered, particularly in the context of the status of members of parliament elected under the respective system. This analysis reveals the significant influence of political parties under closed party lists, both at the stage of forming the lists and after the election of deputies. In this context, it is argued that a proportional system with open party lists limits party influence on determining the personal composition of parliament. The authors emphasize that the concept of a proportional electoral system does not refer to a single fixed model but rather encompasses a spectrum of its variations. It is noted that a distinctive feature of the Ukrainian electoral system is that candidates placed in the top nine positions of the nationwide party list are not included in regional lists. If the party passes the electoral threshold, these nine candidates are guaranteed to receive parliamentary mandates. The article argues that leaving such a number of mandates, over which voters cannot influence individually, appears to be a balanced legislative measure, although it requires further discussion, especially after analyzing the outcomes of the first elections conducted under this system. Considering European experience, the study also substantiates certain directions for improving the existing electoral system for elections to the Verkhovna Rada of Ukraine.