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
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 74
2022
Recibido el 16/06/2022 Aceptado el 28/08/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
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Co mi té Ase sor
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J. M. Del ga do Ocan do
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Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
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com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 74 (2022), 224-245
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal coverage of will expression by
means of information technologies
DOI: https://doi.org/10.46398/cuestpol.4074.12
Viktor Savchenko *
Oleksandra Dotsenko **
Volodymyr Iashchenko ***
Oleksandr Boyarskyy ****
Viktor Shemchuk *****
Abstract
The purpose of the article was to identify and reveal the main
contemporary modern legislative initiatives aimed at ensuring
the expression of will by means of information technology. The
main methodological tools applied in the study were comparative
legal analysis and observational method. The study showed that
eective manifestation of will requires further implementation of
state-of-the-art systems of electronic petitions, digital resources
and electronic voting. Relevant legislative initiatives should serve to increase
the capacity for citizen participation and discussion. It is substantiated that
the priority directions of changes in legal systems should be: 1) reforms
aimed at closing the digital divide in access to information technologies; 2)
technical improvement of the electronic voting procedure; 3) increasing the
relevant informatization of citizens; 4) ensuring maximum protection of
the state digital environment. Special attention should be paid to the legal
development of a comprehensive technocratic approach. It is concluded
that it is desirable to apply hybrid technology for the people to realize
their right to vote and give them more opportunities to participate in the
processes of governance and digital governance.
* Ph.D in Law, Associate Professor at the Department of Civil Law, V. N. Karazin Kharkiv National
University, 61022, Kharkiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-7104-3559
** Ph.D in Law, Associate Professor, Department of Law, Khmelnytskyi Institute of Trade and Economics,
29016, Khmelnytskyi, Ukraine; Lawyers Union “Legal Alliance”, 04070, Kyiv, Ukraine. ORCID ID:
https://orcid.org/0000-0003-4216-2975
*** Doctor of Law, Professor, Chief Researcher of the Scientic Center of National Security and Law of
the State Scientic Institution “Institute of Information, Security and Law of the National Academy
of Legal Sciences of Ukraine”, 04053, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-2257-
318X
**** Doctor of Law, Associate Professor at the Department of Political and Legal Sciences, Faculty of Social
Law, South Ukrainian National Pedagogical University Named After K. D. Ushinsky, 65000, Odesa,
Ukraine. ORCID ID: https://orcid.org/0000-0001-9107-4897
***** Doctor of Juridical Sciences, Professor, Department of Theory of Law, Constitutional and Private
Law, Faculty No. 1 of the Institute for the Training of Specialists for Units of the National Police, Lviv
State University of Internal Aairs, 79000, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0001-
7969-6589
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Vol. 40 Nº 74 (2022): 224-245
Keywords: innovative technologies; e-democracy; digital
transformations; e-voting; e-petition.
Cobertura jurídica de la manifestación de testamentos
por medio de las tecnologías de la información
Resumen
El propósito del artículo fue identicar y revelar las principales iniciativas
legislativas modernas contemporáneas destinadas a asegurar la expresión
de la voluntad por medio de la tecnología de la información. Las principales
herramientas metodológicas aplicadas en el estudio fueron el análisis
jurídico comparado y el método de observación. El estudio mostró que la
manifestación efectiva de la voluntad requiere una mayor implementación
de los sistemas de última generación de peticiones electrónicas, recursos
digitales y voto electrónico. Las iniciativas legislativas pertinentes deben
servir para aumentar la capacidad de participación y discusión ciudadana.
Se fundamenta que las direcciones prioritarias de los cambios en los
ordenamientos jurídicos deben ser: 1) reformas encaminadas a cerrar la
brecha digital en materia de acceso a las tecnologías de la información;
2) mejora técnica del procedimiento de voto electrónico; 3) aumentar la
informatización relevante de los ciudadanos; 4) garantizar la máxima
protección del entorno digital estatal. Debe prestarse especial atención al
desarrollo jurídico de un enfoque tecnocrático integral. Se concluye que es
conveniente aplicar una tecnología híbrida para que el pueblo haga efectivo
su derecho al voto y le dé más oportunidades de participar en los procesos
de gobernabilidad y gobernanza digital.
Palabras clave: tecnologías innovadoras; democracia electrónica;
transformaciones digitales; voto electrónico; petición
electrónica.
Introduction
The concept of free will is crucial for both individual and social life.
Freedom of will can be established in terms of the ability to act otherwise,
to have alternatives. To obtain freedom of will, the decision-making process
should be exercised by a person without the interference of any people or
mechanisms in the procedure. The said decisions cannot possibly be free if
they arise as a result of random selection. Virtually every decision must be
rationally motivated (List, 2019). In this light, the major negative impact of
226
Viktor Savchenko, Oleksandra Dotsenko, Volodymyr Iashchenko, Oleksandr Boyarskyy y
Viktor Shemchuk
Legal coverage of will expression by means of information technologies
traditional political culture is that in the minds of citizens a patriarchal idea
of the implementation of the will is still retained, being deeply rooted in the
impossibility of aecting the public policy.
However, the participation of citizens in the implementation of public
policy as well as relevant initiative is not solely the right of citizens, but also
their duty (Xiaodong et al., 2019). Citizens should be able to participate in
collective decision-making and have actual inuence on them. The degree of
inuence can vary from exercising a direct authority over decision-making
(mandatory referendums) to an advisory role (government response to
petitions, municipal polls or hearings) (Berg et al., 2021).
In the times of rapid globalization, deepening our understanding of
digital technologies and their signicance for politics becomes extremely
relevant (Chen and Volpe Martinkus, 2022). Articial intelligence, cloud
computing, blockchain, and big data are fundamentally transforming the
ways governments design and implement public policies and programs, and
how they interact with the public. Information technology is increasingly
needed as a technical platform, which mostly facilitates the direct transfer
of information to citizens. Moreover, it also ensures that information is
transferred from citizens to the government and avoids or reduces the
likelihood of its distortion. That said, participation in the implementation
of public policy in big data age requires a mechanism capable of interacting
with the state in both directions. At the same time, the implementation
of the “bottom up” public policy model, as well as maximizing the public
interest and needs of citizens contribute to the adaptation and improvement
of will expression.
The advent of the big data age provides an eective tool for citizens
that can promote more active participation in the process of public policy
implementation (Xiaodong et al., 2019). Innovations such as e-democracy,
which refers to the use of information technology in political debates,
decision-making processes by supplementing or opposing traditional
means of communication, have begun to emerge (Aziz and Hasna, 2020).
The method of electronic voting, when citizens participate in elections
using electronic devices is viewed as one of the important aspects of
electronic participation (Darmawan, 2021). Unlike the conventional
voting method, the electronic version increases the reliability of elections,
eciency and integrity of the process (Hang and Kim, 2019).
E-voting is extensively used in variegated forms of decision-making due
to its exibility, ease of use and low cost as compared to general elections,
which are based, inter alia, on the results of electronic petitions (Chang et
al., 2020). During the COVID-19 pandemic, which changed not only human
activity, mobility, but also political processes, in particular elections, the
relevance of applying information technology has considerably increased
(Muñoz, 2022).
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Notably, the relevant enforcement procedure should be as accessible
and adaptable as possible for dierent categories of citizens. As compared
to younger users of technologies that can easily switch between o-line and
on-line activities, the elderly people and marginalized groups nd it much
harder to adapt to new technologies, such as online banking, QR-based
registration, online shopping and virtual meetings (Yap et al., 2022).
With the view of adapting to new challenges, the organization’s existing
processes and procedures need to be revised to convey the new reality. All
government initiatives, including the electoral process, need to undergo a
rapid digital transformation aimed at ensuring safety, health and utmost
degree of voters’ participation in democratic activities.
Governments also need to develop policies, programs and projects to
help people learn to use information technology. Transforming the electoral
process into a digital age requires appropriate decision-making, as a result
of which countries and the international community develop legislation,
taking into account the new realities of the information environment (Son,
2021).
Given the above, the purpose of the article is to consider the main areas
of legal support for the expression of will through information technology.
The outlined goal puts forth the following research objectives:
1. to highlight the essential normative legal acts that promote the
citizen’s will expression with the help of information technologies
on the example of the European Union and Ukraine;
2. to reveal the current state of implementation of the will expression
with the help of information technology in European countries,
to outline the leading vectors of future legislative and practical
innovations in the eld.
1. Literature Review
The chosen research topic correlates with modern vectors of scientic
research carried out by representatives of the doctrine in various countries.
The principal tool and basis for the article was the work of Keramidis
and Charalabidis (2021). Decisive factors for the success or failure of
e-democracy initiatives in the information era. In their groundbreaking
research, the scholars have outlined the grounds for dening the concept
of e-democracy.
Additionally, the author’s position on the subject was profoundly
inuenced by the study conducted by Xiaodong et al. (2019: 4) “Research
on Citizen Participation in the Implementation of Public Policy in Big
228
Viktor Savchenko, Oleksandra Dotsenko, Volodymyr Iashchenko, Oleksandr Boyarskyy y
Viktor Shemchuk
Legal coverage of will expression by means of information technologies
Data Age”. The scholarly ndings made it possible to outline the vector of
research on the legal coverage of will expression with the help of information
technology. In turn, the article by Lomzhets et al. (2021) specied for the
author the legal essence of electronic (online) voting in Ukraine, as well as
a number of relevant realities and prospects.
In the course of conducting the current study, due regard was taken to
the works of Kneuer and Datts (2020) in terms of revising the democratic
promises of the Internet when it comes to the spatial dimension and
e-democracy. Special attention should be paid to the studies of Son (2021)
regarding certain aspects of transforming the electoral law in the digital age
as well as the insights of Darmawan (2021) on the introduction of electronic
voting in a number of countries worldwide.
In the scientic work of Pereira (2021), cited in the article, the scholar
emphasizes the importance of voting technology in the Estonian online
voting system. It was precisely the above work that helped to track the
priorities of the relevant activities and the problematic components. The
study draws on the research of Chen and Volpe Martinkus (2022) and Jafar
et al. (2021), who outline such relevant vectors as innovation (novelty),
objectivity, subjectivity, purposefulness, demand, implementation in
practice, the eectiveness of the potential of new digital technologies for
electronic voting.
The authors’ insights into the prospects of using the blockchain technology
during electronic voting deserves special attention. Furthermore, the works
of Vogiatzis (2021) on the historical aspect and the future right to petition
the European Parliament were given a close scrutiny for the eect of the
current study.
Careful research on this issue conrms the fact that the process of
improving the legal support of free will expression through information
technology helps to increase the political participation of citizens.
Therefore, there is a pressing necessity it is urgent to conduct research on
the new criteria of scientic inquiry in the context of updated and dynamic
phenomena of legal environment.
2. Methods
The theoretical basis of scientic research were the works of leading
Europe lawyers, authentic texts of regulations, statistical and analytical
reports. In total, forty sources were examined in the study on the subject of
research. Initially, the qualitative review of the sample allowed to structure
the sequence of methodological tools approbation within the architectonics
of the study in a clear and unambiguous way, as presented in Figure 1.
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CUESTIONES POLÍTICAS
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Figure 1. Step-by-step research structure on the article subject
To obtain balanced conclusions and address the tasks outlined in the
article, a set of general scientic and special methods was used.
The leading practical method was the method of comparative legal
analysis, which made it possible not only to compare the authentic regulatory
s texts of the studied states, but also to juxtapose them with the realities and
mechanisms of practical implementation. Using this method, the statistics
of analytical reports of the European Union was also compared with the
legal consequences of the expression of freedom through information
technology in the territory of the EU Member States.
The ndings of such a comparative analysis were qualitatively structured
using the method of observation and presented in the copyright legal
positions revealed in the article.
The method of theoretical generalization was used to identify the legal
basis features for the will expression in the framework of electronic services’
balanced development. The method was also useful for a comprehensive
description of the transformation processes of territorial and economic
systems and the digitization of voting processes.
To substantiate the principles of building a system of legal regulation of
electronic public space, the abstract-logical method was used, also aimed
at examining the conceptual and methodological approaches to strategic
management of public participation procedures in state decision-making
using digital technologies.
230
Viktor Savchenko, Oleksandra Dotsenko, Volodymyr Iashchenko, Oleksandr Boyarskyy y
Viktor Shemchuk
Legal coverage of will expression by means of information technologies
The method of statistical, graphical analysis, grouping was used to
evaluate the status and results of the introduction of innovative information
technologies in the eld of public services and to assess the characteristics
of the innovative impact on the expression of will by citizens. The historical
and legal method has been used to study the genesis of the development of
legislation, which regulates the foundations of eective implementation of
information technology in the process of expressing the will of citizens of
European countries. The formal-logical method made it possible to identify
gaps in the current national legislation of European countries in the area
under study. With the help of dogmatic method, the conclusions were
formulated in accordance with the purpose of the study.
3. Results
E-democracy is usually seen as a tool for the transition from a state
representative system to a system with more direct citizen participation. The
main goals of e-democracy include transparency, accountability, eciency,
participation, discussion, inclusiveness, accessibility, subsidiarity, trust in
democracy, relevant institutions and processes, as well as social cohesion
(Council of Europe Committee of Ministers, 2009). The components
of e-democracy are shown in Figure 2. At the same time, electronic
participation, discussions and forums are applied in e-democracy.
Figure 2. Components of e-democracy in the context of digital innovations
intensication (clustered by the author).
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The main requirement for the existence and sustainability of e-democracy
is the availability of appropriate technical infrastructure, that is access to
digital media and the Internet. In this light, it is crucial to nd whether
ltering and blocking by an independent agency or regulatory body is in place
or whether it is absent. Regarding electronic participation, it is necessary
to distinguish between two dimensions: “top down” and “bottom up”.
Unlike e-participation, e-government is limited by top-down mechanisms
that oer online tools to citizens with a focus on providing eective public
services. In the context of expressing the will, e-government can be seen as
a tool to support and discuss the principles of good governance.
The experience of the European Union in the vector of digitalization
of public participation in EU activities is noteworthy. In this sense, after
the Maastricht Treaty has come into eect, EU citizens and residents can
submit petitions to the European Parliament, and their content falls within
the scope of the European Union.
Petitions are considered by a special parliamentary committee on
petitions. The applicable procedure is based on the articles of the Treaty
on the Functioning of the European Union (TFEU) and the Charter of
Fundamental Rights of the European Union. Besides, petitions can also
be considered by the European Ombudsman. In addition, an important
component of the review process is the European Citizens’ Initiatives (ECI).
In 2020, almost 80% of petitions were submitted through the petition’s
web portal and 20% of petitions were sent by mail (Committee on Petitions,
2021). As of 2020, the number of petitions submitted through the petitions
web portal increased by 25% as compared to 2019. It also increased by
45.3% compared to 2018, when 863 petitions were submitted through the
portal.
Thus, it can be said that the petitions web portal has become the
most frequently used channel for petitions of citizens to the European
Parliament. Overall, the most popular topics of petitions in 2020 concerned
fundamental rights, health, environment, justice, education and culture,
internal market issues, transport, employment, social issues, as well as
property and restitution. Trends in the growing interest in submitting
electronic petitions as compared to conventional mail are presented in
Figure 3.
232
Viktor Savchenko, Oleksandra Dotsenko, Volodymyr Iashchenko, Oleksandr Boyarskyy y
Viktor Shemchuk
Legal coverage of will expression by means of information technologies
Figure 3. The gaining demand for e-petitions in the EU for the period of 2018-
2020 (summarized by the authors based on statistics).
What should be stressed here is that e-voting is an electronic system
that allows users to make joint decisions or cast their votes for candidates
in elections. This process includes voter registration, entry and encryption
of votes, transfer of ballots to the server, storage and counting of votes,
tabulation of election results.
The electronic voting system is basically used in punch cards, smart
cards, direct recording electronic voting systems (DRE), optical scanning
systems and computers connected to the Internet. Such a system aims to
obtain more accurate results of various votes, faster counting, maximum
elimination of human errors. Undeniably, an essential important
component of these tasks is the intention to create maximum comfort for
people with disabilities.
Challenges include assuring a sustainable and cost-eective use of
technology, relatively high costs for machine maintenance, software
upgrades. Dierent approaches include e-voting based on a mixed network,
blind signature, blockchain, homomorphic, post-quantum and hybrid
e-voting.
As of 2022, according to the International Institute for Democracy and
Election Assistance (International IDEA, 2022), 35 out of 178 countries
use electronic voting in elections. Percentage broken down by 178
countries: e-voting is not currently used - 143 countries (80.3%), used in
politically compulsory national elections (e.g., public oce elections or
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CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 224-245
direct democracy initiatives) - 28 (15.7%)), in politically compulsory local
elections (e.g., elections to regional legislative or executive bodies, etc.) -
17 (9.6%), in other elections (e.g., elections of trade union leaders, non-
compulsory referendums) - 4 (2,2%). Globally, this process is characterized
by the opposite phenomena: some countries (the United Kingdom, the
Netherlands and Norway) have abandoned electronic voting, whereas
Jordan, the Philippines and India have begun to use it during elections.
A number of countries have faced great diculties due to the introduction
of relevant information technologies. These include the diculty of
planning election cycles, the impact of potential failures of digital decisions
on the fairness of elections. What is more, due to increased election costs,
the number of contracts with private sector rms, including international
ones, is on the increase. We maintain that this situation entails possible
dependence on private sector decisions.
Of the 27 countries that are members of the European Union, electronic
voting appears to be the case at the legislative level in Belgium, Bulgaria,
France and Estonia (Table 1).
Table 1. Sectoral implementation of electronic voting in the territory of EU
member states (clustered by authors)
The use of electronic
voting during
politically compulsory
national elections
(elections to public
oce or direct
democracy initiatives)
The use of electronic
voting during
politically compulsory
local elections
(elections to regional
legislatures or
executive bodies, etc.)
The use of electronic
voting during
other elections
(elections of trade
union leaders,
non-obligatory
referendums)
Electronic
voting is
not used
in the
country
Austria - - - +
Belgium + + - -
Bulgaria + + - -
Hungary - - - +
Germany - - - +
Greece - - - +
Denmark - - - +
Ireland - - - +
Spain - - - +
Italy - - - +
Cyprus - - - +
Latvia - - - +
Lithuania - - - +
Luxembourg - - - +
Malta - - - +
Netherlands - - - +
Poland - - - +
Portugal - - - +
Romania - - - +
Slovakia - - - +
Slovenia - - - +
Finland - - - +
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Viktor Savchenko, Oleksandra Dotsenko, Volodymyr Iashchenko, Oleksandr Boyarskyy y
Viktor Shemchuk
Legal coverage of will expression by means of information technologies
France + - + -
Croatia - - - +
Czech
Republic - - - +
Sweden - - - +
Estonia + + - -
The legal problems of e-voting in the EU are related to the fact that this
process should be conceptualized in the broader framework of European
electoral law and national legislation (Council of Europe Committee of
Ministers, 2004). Council of Europe Recommendation CM/Rec (2017)5
dated 2017 (Council of Europe Committee of Ministers, 2017) and the
corresponding Explanatory Memorandum concern the most essential part
of electoral technology for electronic voting and include systems such as
electronic direct voting machines (DRE), ballot scanners, digital pens and
online voting systems. With all the mentioned aspects, it cannot be denied
that currently the optimal solution is a decentralized approach, in which EU
Member States operate within the restrictive framework of comprehensive
European law.
In this sense, an example illustrating the successful use of e-voting is
Estonia (Riigi Teataja, 2002), where relevant information technologies are
permitted in politically compulsory national elections (elections to public
oce or direct democratic initiatives) as well as in politically obligatory
local elections (elections to regional legislative or executive bodies, etc.).
The Estonian government launched a project called Tiigrihüpe (Tiger
Leap) in 1997, which aimed to develop and expand Internet networks and
computer literacy.
Within a year of its launch, almost all (97%) Estonian schools had access
to the Internet. Estonia’s e-government initiatives are frequently maintained
to set an example to be followed in other countries. The country’s society
has undergone a major digitalization, which includes taxation, health care
and other public services.
In 2012, Estonia became the rst country to use blockchain distribution
technology to control cyberattacks. The use of blockchain technology also
gives Estonians the edge of lling in a great number of various forms with
the same personal information when gaining access to public services. In
Estonia, citizens enter their personal information only once: the blockchain
system allows them to immediately access the relevant data in the applicable
department. It can be noted that Estonian digital identity model saves the
country about two percent of its annual GDP (Biometric Update, 2022).
In this light, it is safe to mention that at the heart of the Estonian online
i-Voting system is an e-government policy. In fact, the goal of i-Voting to
some extent was to increase public participation in the political process.
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At that, the emphasis was on attracting young people. The country
introduced online voting in the 2005 local elections, and shortly thereafter,
in 2007, electronic voting was introduced in the national parliamentary
elections. Likewise, as with personal voting or mail, Estonia has an online
identication method.
The appeal of i-Voting to the population in Estonia owes much to its
simplicity and convenience, as voters simply need a computer with an
Internet connection and an ID card. It should be stressed here that 91.6% of
Estonian adults regularly use the Internet, and 98% have an ID card. That
said, the ability to vote online does not replace the more traditional paper
version of voting, but rather provides an additional opportunity.
Since gaining its independence in August 1991, Estonia has held in total
19 local, national or European elections. Of these, in 11 elections, citizens
could cast a legally binding vote by electronic voting. Thus, the share of
e-voters in the rst elections with e-support in 2005 was 1.9%, in the
elections to the European Parliament in 2019 - 46.7% of votes were cast
online (Valimised, 2019). With the above mentioned aspects, the availability
of innovative platforms for online political participation has led to greater
use of online voting in the last ve elections, with statistics clustered in
Table 2 (Table 2).
Table 2. Step-by-step growth trends in the demand for online voting in Estonia
(summarized by the authors)
The total number
of voters who
participated (went
to the polls)
I-voters who
participated
in the
election
% of I-voters from the
total number of voters
who participated
(went to the polls)
European Parliament
elections in 2019 332859 155521 46.7
Parliamentary elections
in 2019 565045 247232 43.8
Local elections in 2017 586519 186034 31.7
Parliamentary elections
in 2015 577910 176491 30.5
European Parliament
elections in 2014 329766 103151 31.3
Local elections in 2013 630050 133808 21.2
Parliamentary elections
in 2011 580264 140846 24.3
Local elections in 2009 662813 104413 15.8
European Parliament
elections in 2009 399181 58669 14.7
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Parliamentary elections
in 2007 555463 30275 5.5
Local elections in 2005 502504 9317 1.9
In turn, in Ukraine the issues of e-democracy and e-voting
implementation are still under discussion, the relevant concept of e-voting
has been developing since 2011 (Liga:zakon, 2011). Later, the concept of
2017 (Cabinet of Ministers of Ukraine, 2017) provided for the foundations
to establish various forms of e-democracy in Ukraine in two stages. By
2018, it was necessary to introduce an appropriate regulatory framework,
to create tools of e-democracy accessible to all citizens.
Particular attention should be paid to creating a legal mechanism
for electronic appeals of citizens, electronic election process, electronic
referendums and plebiscites, as well as relevant identication of natural
persons and legal entities. The second stage (2019-2020) provided for the
introduction of appropriate network services in the eld of e-democracy and
the creation of conditions for their proper provision (Cabinet of Ministers
of Ukraine, 2019c).
The introduction of e-democracy tools such as e-petitions, consultations
and appeals is very important in Ukraine, and each of these tools is used
at both the local and national levels. The legal mechanism, for example,
the implementation of electronic petitions is reected in such regulations
as follows: Decree of the President of Ukraine “On the Procedure for
consideration of electronic petitions addressed to the President of Ukraine”,
Resolution of the Cabinet of Ministers of Ukraine “On approval of the
Procedure for consideration of electronic petitions addressed to the Cabinet
of Ministers of Ukraine”. Relevant petitions should be considered if at least
25,000 signatures have been collected in three months.
Currently, the work with petitions addressed to the Parliament is
regulated by the order of the Chairman of the Verkhovna Rada of Ukraine
“On some issues of ensuring document circulation in the Verkhovna Rada
of Ukraine in electronic and paper forms”. During 2021, citizens in the
system “Electronic Petitions” on the ocial website of the Verkhovna Rada
of Ukraine initiated 783 electronic messages (Oce for Citizens’ Appeals of
the Verkhovna Rada of Ukraine, 2022a).
Thus, it can be said that 236 e-mails met the requirements of Ukrainian
legislation. However, none of these petitions received the required number
of votes in support in due time, they were considered by the committees of
the Verkhovna Rada of Ukraine as electronic appeals. Largely, these were
issues of ensuring the rule of law and protection of law and order, realization
of the rights and freedoms of citizens, prevention of discrimination, social
policy and social protection, nancial, tax, customs policy.
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The legal mechanism for the implementation of electronic appeals
is provided through the adoption of appropriate amendments to the
legislation (Verkhovna Rada of Ukraine, 2015). For example, in 2021, the
Oce for Citizens’ Appeals of the Verkhovna Rada of Ukraine received
242,308 thousand appeals, which is 2.5 times more than in 2020. Overall,
117,727 thousand proposals, applications and complaints were received by
electronic means, which is 2.4 times more than in 2020 (Oce for Citizens’
Appeals of the Verkhovna Rada of Ukraine, 2022b).
To ensure the observance of law and protection of law and order,
realization of rights and freedoms of citizens, prevention of discrimination,
76,679 thousand appeals were received, and 55,686 thousand appeals
related to health care. Furthermore, issues of social policy, social protection
of the population were the most pressing, comprising 9,124 thousand.
In percentage terms, electronic appeals were received as follows:
ensuring observance of law and protection of law and order, realization
of rights and freedoms of citizens, prevention of discrimination - 34.7%;
health care - 25.2%; social policy, social protection of the population -
4.1%; activity of central executive bodies - 3.3%; activity of enterprises and
institutions - 2.7%; activity of the Verkhovna Rada of Ukraine, the President
of Ukraine and the Cabinet of Ministers of Ukraine - 2.6%; utilities - 2.4%;
nancial, tax, customs policy - 2.3%; agricultural policy and land relations -
2.3%; state building, administrative and territorial structure - 2.1%; defense
capability, sovereignty, interstate and interethnic relations - 1.9%; activity
of local self-government bodies - 1.9%; activity of local executive bodies -
1.8%; housing policy - 1.6%.
With all the mentioned aspects, it cannot be denied that partly one of
the positive results of the action plan was the introduction of the Action
Portal (Cabinet of Ministers of Ukraine, 2019a) as a service through which
the idea of “country in a smartphone” is showcased. In this light, particular
attention is paid to the introduction of electronic services and applications.
The Action portal is also used as a digital wallet, where users carry digital
versions of their ocial identity documents, such as passports and driving
licenses.
The application also allows users to change their registered address,
which is an important feature in view of the millions of internally
displaced persons during the period of Russian military aggression. Also,
important was the normative introduction in Ukraine of the functioning
of the electronic identication system (Cabinet of Ministers of Ukraine,
2019b), the legal development of the principles of cybersecurity of Ukraine
(Verkhovna Rada of Ukraine, 2017). The process of forming electronic
voting was also inuenced by the adoption in 2019 of the Electoral Code
of Ukraine (Verkhovna Rada of Ukraine, 2019), which made it possible
to decide on the introduction of innovative technologies, hardware and
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software in organizing and conducting elections in the form of experiment
or pilot project.
Yet, insucient development of security tools, including the storage of
information on servers, made it impossible to implement the above plan to
the full extent. In Ukraine, there is still signicant distrust on part of the
voters as well as politicians in online voting. This mistrust can jeopardize
the public’s willingness to accept election results through this system,
especially if those who lose the election accuse the system of fraud or
manipulation.
This suggests that security, as well as the perception of security, should
be a key factor preceding the introduction of online voting. There is a high
risk of compromising e-voting technology (International Foundation for
Electoral Systems, 2020), particularly given the ongoing military conict
between Ukraine and Russia. This study shows a high level of actualizing
innovative technologies to ensure the current implementation of will
expression in European countries.
4. Discussion
The legal denition of the e-democracy model, the type of application,
the technological specication and the precise objectives of the proposed
system are fundamental aspects of the success of e-democracy. Academia,
government, the private sector and citizens involved in e-democracy must
collaborate in order to lead society to future progress in terms of decision-
making, as well as public awareness and participation (Keramidis and
Charalabidis, 2021). By giving citizens the opportunity to express their will
through direct interaction with public authorities, policies can be better
adapted to their needs.
The rethinking of government as a digital platform is aimed at achieving
horizontal forms of civic cooperation for the undistorted realization of the
common good (Berg and Homann, 2021). Citizens are no longer perceived
as voters or observers of democratic governance. Researchers emphasize
that instead, citizens should take an active part in consultations as well as
in decision-making processes.
Distance is important when it comes to e-democracy, and the level at
which it is concentrated must be taken into account (Kneuer and Datts,
2020). E-democracy projects at the local level, as opposed to projects at
the national or transnational level, are more likely to mobilize a relatively
higher proportion of citizens. Moreover, local governments are more open
to citizen participation than at the regional and national levels.
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Legitimacy, simplicity, speed, convenience, aordability, security
of citizens act as an advantage towards electronic voting, without which
it is dicult to imagine the process of expression of will in the near
future (Hrynov and Zakomorna, 2021). Muñoz maintains that a holistic
technocratic approach should be used, utilizing the hybrid technology
to exercise people’s voting rights and giving them more opportunities to
participate in governance (Muñoz, 2022).
The availability of powerful equipment and a well-developed IT
industry is arguably not a sucient factor for conducting electronic voting.
Proper design should not only guarantee the fairness and condentiality of
voting; it is also important in order to gain the trust of users in this area,
which is not at the proper level (Tejedor-Romero et al., 2021). Condence
in e-voting results will increase if they coincide with election results using
traditional paper technologies (Hratsiotova et al., 2020).
Existing methods of electronic voting are associated with the danger
of excessive authority and manipulation of details, which limits the
fundamental justice, condentiality, secrecy, anonymity and transparency
of the voting process (Jafar et al., 2021). The study explored that the
majority of procedures are currently centralized, licensed by a relevant
body, monitored and measured in an electronic voting system, which in
itself is a challenge for a transparent voting process.
The situation probably requires more caution regarding the security
features that are declared for voting systems, in particular when they are
oered for use in public elections (Pereira, 2021). According to the scholar,
proper safety denitions, evidence and scrutiny remain the best strategy
for Estonia.
It cannot be denied that the creation of a web portal for petitions in the
European Parliament was an important and necessary event, which became
the major method of submitting petitions. There are broader institutional
reasons that prevent the Committee on Petitions from making a greater
contribution to the EU’s decision-making process and gaining the trust of
citizens as an eective means of participation (Vogiatzis, 2021).
The Committee on Petitions of the European Parliament should focus
on areas that are not covered by either the European Ombudsman or the
initiative of European citizens. According to the scholar, the Committee’s
focus should be gradually shifted to the implementation of EU legislation
by member states and to broader policy areas at the EU level, which do not
necessarily entail specic legislative actions.
Weak development of the basic elements of e-democracy, such as the
e-government system, e-parliament, as well as the statement of the presence
of technological risks slow down the process of implementation of e-voting
in Ukraine (Son, 2021). Another important topic concerning e-voting is
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that it is essential to clarify the issue of fundamental legal regulation of
the introducing in Ukraine of the electoral mechanism of electronic online
voting and the means of protection (Lomzhets et al., 2021). What should be
stressed here, with the aim of enhancing digital awareness of all categories
of society, it is critically important to implement relevant informatization
measures.
Conclusions
It can be concluded that direct communication between government and
citizens through the components of e-democracy, drawing on their social
experience and knowledge, can lead to improved policies and legislation.
The new type of communication relies on the study and exchange of
ideas, generalization and assessment of public condence in democratic
institutions and government legitimacy.
Many countries around the world currently have a digital divide in terms
of accessibility, as well as in terms of geographic areas, Internet access,
health, social status, policy innovation, software applications and operating
systems. The technological backwardness and insucient implementation
of the current process of citizens’ will expression is due to the presence of
obstacles to access the system successfully.
The introduction of e-petition systems and citizens’ initiatives in the
European Union helps to enhance the potential for citizens’ participation
and discussion. In the European Union, the implementation of electronic
voting in elections requires further legal and technical improvement due
to diculties in planning election cycles, potential downsides of digital
solutions. It is becoming increasingly clear that due to the need to conclude
a number of technical contracts, there is a problem of probable dependence
on private sector decisions related to information technology.
The most important result of the current study, emphasized by the vast
majority of researchers is that in Ukraine, signicant progress has been
made over the last decade in improving the procedure for implementing
expression of will through information technology.
By way of providing an example of this can be the activity of the web
portal “Diia (Action)” and the current state of implementing the procedure
for submitting and receiving citizens’ electronic appeals and electronic
petitions. At the legislative level, considerable progress has also been
achieved in the area of elections management in Ukraine and safeguarding
their fairness.
Further thorough legal and technical training in the implementation
of online voting in Ukraine will help to avoid wrong steps in this area and
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mitigate the situation, which could potentially question the foundations of
democracy in Ukraine and jeopardize the progress attained.
The success of the implementation of the expression of citizens’ will
through e-voting is largely determined by the digital infrastructure, high
level of citizens’ access to the Internet, which is clearly demonstrated by
Estonia at the current stage of information technology development and
Ukraine is presented only occasionally. Estonia’s experience in the eld of
realizing the expression of will by way of information technologies can be
realistically implemented in legal initiatives of Ukraine and will become a
promising perspective of scientic research.
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