Elections are the most important form of citizen control over the activities of state and municipal bodies, the main criterion for assigning the state the status of a republican and, accordingly, a sovereign people. It is through elections that local government bodies and government bodies are formed both in the constituent entities of the Russian Federation and at the federal level.

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Ministry of Culture of the Russian Federation

FSBEI HPE " Kemerovo State University of Culture and Arts»

Department of Philosophy, Law and Socio-Political Disciplines

Abstract on the topic

« Suffrage and electoral process

In Russian federation»

Completed: Abramov Igor Stanislavovich, student gr. RKtP-139

Checked: Leteynikova Nina Petrovna

Kemerovo 2015

Plan:

Introduction

Chapter I . The concept of the electoral process and its stages.

1.1. The concept of the electoral process.

1.2. The concept of stages of the electoral process.

Chapter 2. Stages of the electoral process.

2.1. Appointment of elections.

2.2. Compilation of voter lists.

2.3. Formation of electoral districts and polling stations.

2.4. Formation of election commissions.

2.5. Nomination, collection of signatures and registration of candidates.

2.6. Election campaign.

Conclusion

Bibliography

Introduction

The Constitution of the Russian Federation (Article 3, 32) establishes that the highest direct expressions of the power of the people are a referendum and free elections; citizens of the Russian Federation have the right to elect and be elected to government bodies and local self-government bodies, as well as to participate in a referendum.

Any democratic state is unthinkable without holding elections. The basis of representative democracy is the holding of periodic and free elections.

Elections are the most important form of citizen control over the activities of state and municipal bodies, the main criterion for assigning the state the status of a republican and, accordingly, a sovereign people. It is through elections that local government bodies and government bodies are formed both in the constituent entities of the Russian Federation and at the federal level. The procedure for holding elections in Russia is determined by electoral legislation, which is a set of legislative acts.

An integral part of the democratic, republican system is the electoral process as a means of forming a staff of civil servants through the will of citizens, popular elections. This system of procedures and actions, carried out in compliance with all rules and regulations, is a guarantor of the independence and sovereignty of the people, their freedom.

In the modern period, in conditions of growing public distrust of all institutions of power, the task itself of studying this issue is becoming increasingly relevant. Many people who are ignorant of this topic develop a reluctance to participate in government, that is, in governing themselves, which is detrimental not only for him, but for all members of society. My task in this work is to examine in detail this political and legal action, a set of procedures called the “electoral process.” In my work, I will try to reveal this topic as much as possible, for which I will use a huge layer of accumulated information - monographs, periodicals and educational literature. I hope that my work will help strengthen citizens’ confidence in the electoral system, the electoral process, and in government power in general.

Chapter I.

The concept of the electoral process and its stages

§1. The concept of the electoral process

"Citizens' voting rights - one of the main guarantees of a real transition to a system of political democracy..., that is, to a system of organization and functioning of institutions of state power and local self-government, based on the free political will of citizens, periodic change of power based on voting results.” 1

The set of legal norms regulating the right of citizens to elect and be elected to government bodies and local self-government bodies and the procedure for exercising this right constitutessuffrage.

A feature of electoral law is the high proportion of procedural norms (closely related to material and legal norms) establishing the order, procedure and implementation of citizens' electoral rights. These norms regulate all stageselectoral process.

Attempts to create legislative acts that regulate only the electoral process lead to a breakdown in the systematicity of the legal regulation of elections.

Suffrage and the electoral process are closely interrelated and together form a political and legal mechanism for the formation of the basic institutions of representative and electoral democracy. Electoral law substantively regulates certain aspects of public and state activity relating to the acquisition and transfer of power to elected representatives, and the electoral process as a form of implementation of subjective political right reflects the technology of voter participation in the exercise of power.

An essential component in the electoral process is the trust of voters in state and public institutions, election commissions that ensure the organization and conduct of elections. Civil trust, being an integral element of the legal culture of citizens and society, determines the meaning of the modern electoral process 2 .

It seems justified to introduce and use in the scientific, legislative, and law enforcement vocabulary, along with the concept of “organization and conduct of elections,” the new concept of “electoral process,” understood as a technological infrastructure and a form of implementation of the constitutional principles of organizing periodic free elections and ensuring the electoral rights of man and citizen within the framework of the sequence of carrying out a complex of electoral actions and electoral procedures provided for by law. The concept of “election process” is broader in content and scope and includes, along with organizational, technological, information and financial aspects, some new aspects that reflect modern socio-political conditions for the implementation of electoral actions and procedures. Organization and conduct of elections is carried out within the framework of the election campaignas the main temporary factor in the performance of electoral actions and the implementation of electoral procedures that ensure the implementation and protection of the constitutional right of citizens of the Russian Federation to elect and be elected to government bodies and local self-government bodies.

What is new in the modern electoral process and electoral law consists not only in the content of substantive, procedural and procedural norms and legal institutions, but also in understanding the political and legal nature of the electoral process as a way to ensure the implementation and protection of the active and passive electoral rights of citizens of the Russian Federation. The electoral process in this sense is not only and not so much a predominantly administrative technological process, but rather a public political action, within the framework of which the political legal personality of citizen-voters unfolds and through their expression of will the activities of representative, as well as elected institutions of power and governance are reproduced and legitimized, the legitimate the right of sovereignty of the people and the republican form of government.

In modern conditions, the concept of “election process” has been significantly enriched due to the formation of a set of auxiliary elements: firstly, active legislative activity, as well as the activities of the Constitutional Court of the Russian Federation and courts of general jurisdiction, aimed at improving, harmonizing and systematizing federal and regional electoral legislation, unification of legal forms and methods of carrying out electoral actions and procedures, ensuring and protecting the constitutional electoral rights of citizens; secondly, the development, adoption and implementation of federal and regional targeted programs to improve the legal culture of voters and election organizers, professionalize the activities of election commissions and other participants in the electoral process; thirdly, organizing the electoral process on the basis of political competition, transparency of electoral actions and procedures 3 .

The constitutional principles of organizing the electoral process, as the guiding and directing principles of organizing and conducting elections within the framework of the relevant electoral system, are aimed, in particular, at ensuring the constitutional equality of citizens and their right to elect and be elected to government bodies and local self-government bodies, the representative nature of the legislative body of the state authorities, holding elections on the basis of the law, the obligation to call and conduct elections in the manner and terms established by the constitution and laws 4 .

The electoral process as a political and legal category and at the same time a category of electoral legislation and the practice of its application, including judicial, is used in a broad and narrow sense and its specific use is predetermined by the time frame (beginning and ending) of its structural disclosure (deployment) in the form of a sequence of stages electoral process. The term “election process” absorbs the content of the term “election campaign” as the period from the day of official publication of the decision of an authorized official, government body, including a court, local government body on calling elections until the day of official publication of the election results, i.e. k. is associated with the need for an authorized body or official to make, within the terms and procedures established by the constitution, charter, law, a decision on setting the date of elections and sending it for official publication. In the narrow sense, the “election process” as a formalized phenomenon includes a set of stages established by law , ensuring its integrity and the legitimacy of the election results, and the stages, in turn, include a set of specific electoral procedures and electoral actions.The democratic electoral process is part of the political process and regime established in the country, and is directly related to the general conditions for the development of institutions democracy, forming the socio-political and socio-cultural infrastructure for the implementation of citizens' electoral rights. In addition, before the start of a specific election campaign, it is necessary to carry out a number of important actions and procedures, thanks to which the electoral process is not only a legal technique for organizing voting, but also an institution that ensures political stability and continuity, democracy and legality of power.

§2. Understanding the stages of the electoral process

Along with the general logical unity of the electoral process, it is necessary to note its division into stages in accordance with the needs, needs, goals and methods of implementation. The electoral process in the Russian Federation includes a set of stages established by law, consisting of specific electoral procedures and electoral actions. Stages of the electoral process these are the stages of organizing and conducting elections, within the framework of which electoral actions provided for by laws are carried out, as well as electoral procedures that ensure the implementation of the electoral rights of citizens of the Russian Federation and other election participants, the integrity, completeness and legitimacy of the electoral process during the formation of a representative body, election elected official. Only a set of legally necessary and sufficient procedures and actions, stages as elements of the electoral process can ensure the constitutional and legal legitimacy of elections.

The main stages of the electoral process are: 1) calling elections (the adoption by an authorized state body, local government body, or official of a decision to set the date of elections, including in the order of rotation of part of the deputy corps); 2) registration and compilation of voter lists; 3) formation of electoral districts, polling stations, 3) formation of election commissions; 5) nomination of candidates (lists of candidates) and their registration; 6) election campaigning; 7) voting and determination of voting results, election results and their publication; 8) holding, in cases provided for by law, repeat voting, repeat elections, elections of deputies and officials instead of those who have dropped out; this stage can be classified as optional stages of the electoral process. 5

The functional purpose of the stages of the electoral process is to ensure that various electoral actions and procedures are carried out consistently in time and stage-by-stage in content, which ensure the legitimate nature of elections and the election of relevant elected officials. A number of elements of organizing the electoral process are of a service, auxiliary (technological) nature. Thus, holding elections is impossible without timely funding. Under these conditions, the main technological elements of organizing the electoral process, to varying degrees of their functional characteristics, serve the corresponding stages of the electoral process.

The time of electoral actions (the timing of the implementation of electoral and procedures within the stages of the electoral process of the election campaign) is both political and legal time. Time is an integral element of organizing elections and has an independent technological and legal significance in the structure of the electoral process. It is associated with the emergence, change or termination of relevant electoral legal relations; it acts as a legal fact and a subject of legal regulation, is considered as a political resource of the election campaign, the improper or ineffective use of which significantly limits the potential capabilities of specific participants in the electoral process. The election commissions, taking into account the level and type of elections, draw up and approve a calendar plan of activities for the preparation and conduct of elections based on the relevant election law. The electoral calendar actually and legally regulates the timing of individual electoral actions and procedures at one or another stage of the electoral process.

Along with technological components (timing, financing, etc.), the actual structural elements of the main stages of the electoral process are electoral procedures and electoral actions. Election procedures are a specific procedure for carrying out (performing) a set of actions provided for by the electoral legislation, making decisions by the relevant election commissions that ensure the implementation of the electoral rights of election participants at the appropriate stages of the electoral process.

Election actions, by the nature of their inclusion in the structures of the electoral procedure and the stages of the electoral process, are their primary organizational and legal cell, ensuring their dynamic development and completion during elections. In the electoral legislation, within the framework of most stages of the electoral process, both the requirements (criteria) for carrying out electoral actions and certain organizational and legal guarantees are established in the form of mandatory and optional electoral procedures, which, taking into account the observance of the relevant deadlines for their implementation, together ensure the functional completeness of the corresponding stage electoral process, the transition from one stage to another, up to the last determination and publication of election results. Mandatory and (or) optional electoral procedures, as well as their combination at various stages of the electoral process, are established in different ways, while in cases provided for by law, an optional electoral procedure may become mandatory (main). The requirements (criteria) for the structural elements of the stage of the electoral process are expressed in the need to comply with both the deadlines for carrying out electoral actions, the implementation of electoral procedures and the duration of the stage of the electoral process, as well as certain quantitative ratios (proportions) of indicators of the electoral process provided for by law. If the main procedural option is not fulfilled, an additional (optional) procedural option is put into effect, ensuring that the election procedure as a whole is completed within the time limits established by law, while electoral actions and electoral procedures carried out in violation of the requirements of the law are illegal.

Election legislation, in essence, is a catalog of legally defined electoral actions and procedures, guarantees and conditions for their implementation, which, taking into account compliance with the deadlines for their implementation, collectively ensure the transition from one stage of the electoral process to subsequent ones, up to the publication of official election results in the media information. The legal regime for the implementation of electoral procedures and actions is expressed in specific rights and responsibilities that are vested in participants in the electoral process at one or another stage and compliance with the deadlines and rules for their implementation provided by law. Election actions and procedures carried out in violation of the requirements of the law (both in terms of their legal content and regulatory time) are legally void, have no legal force and, therefore, do not give rise to positive legal consequences.

Chapter 2. Stages of the electoral process

§ 1. Appointment of elections

One of the main stages of the electoral process, ensuring the frequency of holding elections at the appropriate level, is the procedure for calling elections by authorized bodies or officials, as well as the procedure for rotating the composition of deputies of the regional legislative (representative) body of government. The Constitution of the Russian Federation establishes the procedure for calling elections only to federal bodies of state power; the procedure for calling regional and municipal elections is enshrined in the constitutions (charters), laws of the constituent entities of the Russian Federation, and charters of municipalities. At the same time, the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” especially emphasizes the mandatory nature of calling elections and strengthens the guarantees of the voting rights of citizens in the absence of a law of a subject of the Russian Federation on elections, and enshrines a unified approach to regulating the procedure for calling elections , the list of subjects of the right to call elections has been clarified.

Firstly, elections of bodies or elected officials are mandatory and are held within the time limits established by the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions, charters, laws of constituent entities of the Russian Federation, charters of municipalities.

Secondly, elections are called by an authorized body or official in accordance with the deadlines established by the specified regulatory legal acts.

In general, federal and regional electoral legislation enshrines several basic models for regulating the procedure for calling elections at the appropriate level and type. Thus, within the framework of one of them, elections of the corresponding level (or levels) are called by a legislative (representative) body (one of its chambers) or an executive body of state power, a representative body of local self-government or an elected official of a municipal entity. Under other models, elections, in cases provided for by law, are held by the Central Election Commission of the Russian Federation, the election commission of a constituent entity of the Russian Federation, or the date of regional and municipal elections is set in court and the elections are conducted by a temporary election commission (according to the level of elections).

The procedure for calling elections to federal government bodies includes the procedure for calling general and early elections of deputies of the State Duma of the Federal Assembly of the Russian Federation and the President of the Russian Federation. In accordance with the Constitution of the Russian Federation (clause “a” of article 84, part 2 of article 96), the Federal Law of June 21, 1995 “On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation,” elections are called by the President and the election day is the first Sunday after the expiration of the constitutional term for which the State Duma of the previous convocation was elected, and the period from the date of appointment to the day of elections must be at least four months. If the President does not call elections within the period established by law, the elections are held by the Central Election Commission of the Russian Federation on the first Sunday of the month following the month in which the powers of the State Duma expire. When dissolving the State Duma in cases and in the manner provided for by the Constitution, the President simultaneously calls early elections and the election day in this case is the last Sunday before the expiration of three months from the date of its dissolution; at the same time, the deadlines for electoral actions established by law are reduced by a quarter. If the President, having dissolved the State Duma, does not call elections, they are held by the Central Election Commission of the Russian Federation on the first Sunday after three months from the date of dissolution of the Duma (Article 4). 6

In accordance with the Constitution of the Russian Federation (clause "e" of Article 102) and the Federal Law of May 17, 1995 "On the Election of the President of the Russian Federation", presidential elections are appointed by the Federation Council as the upper house of the federal parliament and the election day is the first Sunday after the expiration of the constitutional the term for which the President was elected, while the calculation of the constitutional term for which he was elected begins from the day of his election; the period from the date of appointment to the day of elections must be at least four months. If the Federation Council does not call elections within the period established by law, the elections are held by the Central Election Commission of the Russian Federation on the first Sunday of the month following the month in which the powers of the President expire. If the President terminates the exercise of his powers before the expiration of the constitutional term in the cases and in the manner provided for by the Constitution, the Federation Council calls early elections of the President. Election day in this case is the last Sunday before the expiration of three months from the date of early termination of the President’s exercise of his powers; in this case, the deadlines for electoral actions established by federal law are reduced by a quarter. If the Federation Council, having made a decision to remove the President from office, does not call elections, they are held by the Central Election Commission of the Russian Federation on the last Sunday before the expiration of three months from the date of the President’s removal from office (Article 4). 7

Legislative regulation of the procedure for appointing and holding elections of deputies of legislative (representative) bodies, heads of executive bodies of state power in the constituent entities of the Russian Federation, although based on the provisions of the “framework” federal electoral legislation, nevertheless differs in a number of its aspects; however, some laws contain provisions on the procedure for calling the first and subsequent elections.

The procedure for appointing general elections of deputies of the legislative (representative) body of state power of the constituent entities of the Russian Federation provides for granting the right of their initial appointment to the head of the executive power (Sverdlovsk region) or to the legislative (representative) body of state power (Tambov region). At the same time, the so-called transferable powers according to their purpose are secured. If general elections are not called by the representative body within the period established by law, then the head of the administration has the right to appoint them (in the Ryazan region it is stipulated that if the regional Duma does not make an appropriate decision, the head of the administration no later than 100 days before the expiration of her term of office makes a decision on appointment of elections; in the Omsk region, elections are appointed by the head of the administration on the proposal of the Election Commission of the region) or the commission of a constituent entity of the Russian Federation (Tambov region).

In accordance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” with amendments and additions introduced by the Federal Law of March 30, 1999 No. 55 FZ in the event of early termination of powers of federal government bodies, state bodies authorities of the constituent entities of the Russian Federation, local governments, elections must be scheduled no later than 14 days from the date of such termination of powers, and voting must be held no later than 180 days and no earlier than 70 days from the date of the decision to call elections.

Those subjects of the Russian Federation that have been given transferable powers to call elections of heads of administration will have to make the necessary changes and additions to their legislative acts, because The said Federal Law clearly transferred the right to call initial and early elections in cases where the authorized body or official does not call elections within the established time frame and in accordance with the established procedure, the corresponding election commissions.

The election commission schedules elections on the first or second Sunday of the month following the month of expiration of the powers of the body or deputies or, accordingly, no later than the 180th day from the date of early termination of the powers of the body or deputies.

Federal law provides for the case when the election commission does not call elections or it does not exist and cannot be formed in the manner prescribed by law. In this case, elections are called by the relevant court of general jurisdiction based on applications from voters, electoral associations (blocs), state and local government bodies, and the prosecutor.

The procedure and subjects of the right to call elections of local self-government bodies differ significantly from elections at the federal and regional levels, which in some cases is due to the underdevelopment or inconsistency of the legal basis for organizing the local government system, and the peculiarities of the procedure for calling and holding municipal elections. Basically, several models are used to regulate the subject composition and the procedure for calling municipal elections.

The laws establish centralized, decentralized and mixed procedures for calling elections. Thus, within the framework of a centralized order, a number of elements of organizing the electoral process are end-to-end, servicing (technological) in nature: elections of deputies of a representative body of local self-government and the head of a municipal entity are appointed by the regional legislative body of state power no later than three months before the end of the term of office of the current local government bodies (Tambov region, Republic of Sakha) 8 .

Within the framework of a decentralized order, elections of both the representative body and the head of the municipality and other officials of local self-government are appointed by the representative body of local self-government no later than a certain number of days before the election day, or the period from the date of appointment to the election day must be no less three months.

The norm of paragraph 1 of Article 10 of the Federal Law, obliging the official publication of decisions on calling elections, does not take into account the specifics of life in small municipalities (village council, volost, village council, etc.), whose local governments do not have their own printed publications, and the majority of residents in In modern conditions one does not subscribe to newspapers. Therefore, the last sentence of paragraph 1 should be stated approximately as follows: “The specified decision is subject to publication in the media or brought to the attention of voters in another way (leaflets, posters, announcements, notices, etc.) no later than 5 days after its adoption."

It should be noted that in the current Federal Law, unlike the previously in force, there are rules prohibiting changes (increasing or decreasing) the term of office of existing bodies, elected officials or deputies, as well as providing for the mandatory holding of elections and regulating the procedure for appointing them (Articles 8 10 ). 9 In this regard, the lack of a proper reaction from the prosecutor's office to the decision of the legislative bodies of the Belgorod region and the city of Moscow to postpone the terms of the head of the regional administration and the mayor of the city from December 1999 to May 1999 and June 2000 to December 1999 is puzzling.

§2. Compilation of voter lists

During elections, in order to exercise the rights of voters, familiarize them with information about themselves, as well as for the purpose of voting, the relevant election commissions compile voter lists based on information obtained using the state voter registration (registration) system.

The procedure for compiling voter lists is established by the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation", federal constitutional laws, other federal laws, laws of constituent entities of the Russian Federation, and charters of municipalities.

Voter lists at polling stations include citizens of the Russian Federation who have active voting rights on voting day. At elections to local self-government bodies, the voter lists in accordance with international treaties of the Russian Federation and the corresponding federal laws, laws of the constituent entities of the Russian Federation include foreign citizens who have reached the age of 18 years, have not been recognized by the court as incompetent, are not being held in prison by a court verdict and who permanently or primarily reside in the territory of the municipality where elections are held. However, if paragraph 8 of Article 4 of the federal law grants, in accordance with international treaties and the relevant Federal laws, laws of the constituent entities of the Russian Federation, foreign citizens permanently residing on the territory of the relevant municipality, the right to elect and be elected to local government bodies on the same conditions as citizens of the Russian Federation, then paragraph 4 of Article 18 of this law obliges the inclusion of foreign citizens in the voter lists for local elections, permanently or predominantlyliving on the territory of the relevant municipality, and therefore provide them with active voting rights. In my opinion, it is also inappropriate to refer in the above norms to the laws of the constituent entities of the Russian Federation, since in accordance with paragraph “c” of Article 71 of the Constitution of the Russian Federation, the regulation and protection of the rights of citizens falls within the exclusive competence of the Russian Federation.

The basis for inclusion of a citizen of the Russian Federation in the list of voters at a specific polling station is the fact of his permanent or primary residence, and in cases provided for by federal legislation or the legislation of constituent entities of the Russian Federation, also temporary residence in the territory of this precinct.

Military personnel undergoing conscript military service in military units, military organizations and institutions that are located on the territory of the relevant municipality, if these military personnel, before being called up for military service, did not permanently or predominantly reside in the territory of this municipal entity, during elections to local government bodies are not included in the voter lists and are not taken into account when determining the number of voters in the said elections.

The list of voters is compiled by the relevant election commission, including using the state automated information system, separately for each polling station based on information submitted in the prescribed form by authorized bodies or a local government official, commander of a military unit 10 .

A citizen of the Russian Federation who has active voting rights, who is outside the territory of the Russian Federation on voting day for elections to federal bodies of state power and who did not have the opportunity to receive an absentee certificate or vote early, is included by the relevant precinct election commission in the list of voters upon his appearance on voting day to the premises of the precinct election commission for voting.

A citizen of the Russian Federation is included in the voter list only at one polling station, a referendum precinct.

The voter list is compiled in two copies. Information about voters included in the voter list is arranged in alphabetical or other order (by localities, streets, houses, voters' addresses). The list contains the surname, first name, patronymic, year of birth (at the age of 18 additionally the day and month of birth), address of the voter’s place of permanent or primary residence. The list of voters is signed by the chairman and secretary of the territorial election commission, in the absence of a territorial election commission, by the district election commission, and after transferring the said list to the precinct election commission, also by the chairman and secretary of the precinct election commission. At polling stations established on the territory of a military unit, the list of voters is signed by the chairman and secretary of the precinct election commission. The list of voters is certified by the seals of the territorial (district) and precinct election commissions, respectively.

The corresponding territorial (district) election commission transfers, according to an act, to precinct election commissions and referendum commissions the lists of voters of a particular polling station no later than 25 days before voting day.

The precinct election commission updates the voter list and presents it for public review and additional clarification no later than 20 days before voting day. A citizen of the Russian Federation who has active voting rights has the right to report to the precinct election commission about his non-inclusion in the voter list, about any error or inaccuracy in the voter list. Within 24 hours, and on voting day within 2 hours from the moment of application, but no later than the end of voting, the precinct election commission is obliged to check the application, as well as the submitted documents and either eliminate the error or inaccuracy, or give the applicant a written response indicating the reasons rejection of the application. The exclusion of a citizen from the voter list after it has been signed by the chairman and secretary of the territorial election commission is carried out only on the basis of information received from the relevant bodies carrying out registration (registration) of voters. At the same time, the voter list indicates the date and reason for the citizen’s exclusion from the list. This record is certified by the signature of the chairman of the precinct election commission. The decision of the precinct election commission can be appealed to a higher election commission (according to the level of elections) or to the court (at the location of the precinct election commission), which are obliged to consider the complaint within three days, and immediately on voting day.

It is prohibited to make any changes to the voter lists after the end of voting and the start of counting votes.

§ 3. Formation of electoral districts and polling stations

Formation of electoral districts.To conduct elections, electoral districts are formed on the basis of data on the number of voters registered in the relevant territory, which are provided according to the level of elections by executive bodies of state power or local government bodies, as well as commanders of military units. The relevant election commission, no later than 70 days before voting day, determines the scheme for the formation of electoral districts, which indicates their boundaries, a list of administrative territorial units, or municipalities, or settlements included in each electoral district (if the electoral district includes part of the territory of an administrative territorial unit, or municipal entity, or settlement, the diagram must indicate the boundaries of this part of the territory of the administrative territorial unit or municipal entity, or settlement) the number and center of each electoral district, the number of voters in each electoral district. The relevant representative body of state power, local government body approves the scheme for the formation of electoral districts no later than 60 days before voting day.

If in the territory in which elections are held, representative bodies of state power, local self-government bodies are absent or do not make a decision on the formation of electoral districts within the period established by law, elections are held in electoral districts, the scheme of which was approved during elections to state power bodies, bodies local government of the previous convocation. However, this provision does not take into account cases where elections of a representative body of the previous convocation were or could be held in districts formed according to norms that contradict the current Federal Law. A possible change in the numerical composition of the newly elected representative body turns this norm into complete meaninglessness. It would be more logical, in my opinion, to grant in this case the right to approve the scheme of electoral districts to the relevant territorial election commission.

In accordance with Article 19 of the Federal Law, as amended and supplemented, dated March 30, 1999, in the Russian Federation, during elections, electoral districts must be formed subject to the following requirements:

approximate equality of single-mandate electoral districts in terms of the number of voters with a permissible deviation from the average norm of voter representation by no more than 10 percent, and in hard-to-reach and remote areas by no more than 15 percent. When forming multi-member electoral districts, approximately equality in the number of voters per deputy mandate is maintained. The deviation of the number of voters in a multi-member electoral district from the average rate of voter representation multiplied by the number of deputy mandates in a given district cannot exceed 10 percent, and in hard-to-reach and remote areas - 15 percent of the average rate of voter representation. The strict requirement of this norm about the approximate equality of voters in a multi-member electoral district per one mandate with a permissible deviation from the average norm of representation by 10, and in hard-to-reach and remote areas - by 15 percent is often impossible to implement when holding elections of deputies of representative bodies of local self-government of the constituent entities of the Russian Federation . To implement it, some village councils have to make changes to the charters, in terms of determining the numerical composition of the representative body. On the other hand, this norm presupposes (and the practice of its implementation confirms the need) for the formation of electoral districts with different numbers of mandates when holding elections to the same representative body. By giving voters an unequal vote, the law contradicts the basic principle of suffrage - equal suffrage. And the discussion here should not be about the number of voters per mandate, but about the voter’s right to vote for a certain (equal) number of candidates. These requirements may not apply when holding elections to federal government bodies and other federal government bodies if federal laws establish the mandatory formation of at least one electoral district on the territory of each subject of the Russian Federation. The list of hard-to-reach and remote areas is established by the law of the constituent entity of the Russian Federation, which entered into force before the day of official publication of the decision to call elections;

when forming electoral districts in territories of compact residence of indigenous peoples, the permissible deviation from the average norm of voter representation in accordance with the laws of the constituent entities of the Russian Federation may exceed the specified limit, but should not exceed 30 percent;

an electoral district constitutes a single territory; the formation of an electoral district from territories that do not border each other is not allowed, except in cases established by federal laws and laws of constituent entities of the Russian Federation.

If these requirements are met, the administrative-territorial structure (division) of the subject of the Russian Federation and the territory of municipalities are taken into account.

Publication (disclosure) of the scheme of formed electoral districts, including its graphic representation, is carried out by the relevant representative body of state power, local government body no later than 5 days after its approval.

In the event of the formation of a multi-member electoral district, the number of mandates to be distributed in this district cannot exceed five.

The expediency of this norm seems very doubtful. Elections of deputies to representative bodies of local self-government in many regions of the country are held, as a rule, in multi-member electoral districts. There are 353 municipalities in the Tambov region. In December 1995, a total of 2,334 deputies (on average 7 deputies) were elected to the representative bodies of 320 municipalities such as village councils and town councils. Over 280 representative bodies of such municipalities were elected in a single multi-member district, which included the entire territory of the corresponding village council or town council. This is mainly the 7-9 mandate district.

Holding elections according to this scheme of multi-mandate districts is justified both organizationally (in a small village council, 10 candidates are recruited for a seven-mandate district, but 14 candidates for seven single-mandate districts are not always ) and economically (less financial and other material costs for numerous district election commissions) .

So, in its current form, this norm-restriction absolutely does not take into account the diverse specifics of local elections in small-populated rural municipalities (village councils, volosts, etc.) of many regions of Russia where elections without any violations of the law and difficulties for voters can be carried out in multi-member constituencies with a large number of mandates.

It is necessary to change the wording of this norm and grant the right to establish the maximum number of mandates in a multi-member electoral district during elections to representative bodies of local self-government to the constituent entities of the Russian Federation represented by their legislative bodies.

Formation of polling stations.Polling stations are formed to conduct voting and count votes. Polling stations are formed by the head of the municipality in agreement with the election commissions based on data on the number of voters registered in the territory of the polling station, based on no more than 3 thousand voters at each precinct no later than 30 days before voting day in the elections.

In this case, the legislator invaded the competence of the representative body and the charter of local self-government and designated the elected official as the head of the municipality. This norm also does not specify the head of which municipality the plots are being formed. In this regard, the experience of Soviet electoral legislation deserves attention. Thus, Article 16 of the Law of the Russian Soviet Federative Socialist Republic “On elections to the Supreme Soviet of the RSFSR” establishes that polling stations are formed by the executive committees of district, city (except for cities of district significance), and city district Councils of People's Deputies. 11

Polling stations for citizens of the Russian Federation located on the territories of foreign states are formed by the heads of diplomatic missions or consular offices of the Russian Federation in the territory of their country of residence. The requirement for the number of voters in each polling station may not apply when polling stations are formed outside the territory of the Russian Federation.

The boundaries of polling stations should not cross the boundaries of electoral districts. The procedure for assigning polling stations formed outside the territory of the Russian Federation to electoral districts formed for holding elections to federal bodies of state power is determined by federal constitutional laws and federal laws.

Polling stations may be established in places of temporary stay of voters (hospitals, sanatoriums, rest homes and other places of temporary stay), in hard-to-reach and remote areas, on ships sailing on election day, and at polar stations; such polling stations are included in the electoral districts at the place of their location or at the place of registration of the ship.

Military personnel vote at general polling stations. In military units, polling stations may be formed in cases, as well as in the manner and within the time limits established by federal constitutional laws, federal laws, and laws of constituent entities of the Russian Federation.

Lists of polling stations indicating their boundaries and numbers, locations of precinct election commissions and voting premises must be published by the head of the municipality no later than 25 days before election day.

§ 4. Formation of election commissions.

In a number of textbooks, the process of forming election commissions is outside the scope of the electoral process. If regarding the procedure for the formation of the Central Election Commission of the Russian Federation and the election commissions of the constituent entities of the Russian Federation, one can agree with this to some extent because These commissions are permanent government bodies involved in the preparation and conduct of elections and referendums in the Russian Federation, as well as legal entities whose formation dates are not tied to the timing of any election campaigns (Clause 11, Article 21, Clause 1 Article 22, paragraph 10 of Article 23 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”), then with regard to the procedure for the formation of territorial, district and precinct commissions, we cannot agree with this, since the current legislation on elections, it is clearly defined that territorial district and precinct election commissions are formed no later than a certain period before election day.

So, the basis for the formation of election commissions at all levels is to ensure their independent status. The Central Election Commission of the Russian Federation consists of 15 members, of which: 5 are appointed by the State Duma of the Federal Assembly of the Russian Federation from among the candidates proposed by factions in the State Duma, other deputy associations, as well as deputies of the State Duma (at the same time from one deputy association in the State Duma more than one representative cannot be appointed); 5 are appointed by the Federation Council of the Federal Assembly of the Russian Federation from among the candidates proposed by the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation; 5 President of the Russian Federation. The term of office of the Central Election Commission of the Russian Federation (CEC) is 4 years.

The procedure for forming election commissions of the constituent entities of the Russian Federation has undergone significant changes in the course of improving the electoral system in the Russian Federation. In the Federal Law “On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation” (1994), the formation of election commissions of the constituent entities of the Russian Federation was carried out by the legislative (representative) and executive bodies of state power of the constituent entities of the Federation. However, the rule according to which at least half of the commission members were appointed by the legislative body led to the fact that in practice one of the fundamental principles of the formation of commissions was violated - the parity basis. In a number of regions, two-thirds of the election commissions consisted of members appointed by the legislature, which undermined the principle of the commission's independence.

In the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” (1997), this contradiction is eliminated: according to Article 23, the formation of election commissions of the constituent entities of the Russian Federation is carried out by two branches of government on the basis of proposals from public associations and elected bodies local government, election commissions of the previous composition. In this case, half of the commission members are appointed by the legislative (representative) body, and the other half by the executive body of state power of the constituent entity of the Russian Federation.

Particular attention should be paid to the fact that the Federal Law of 1997 contains fundamentally new norms and provisions that significantly influence the process of forming election commissions of the constituent entities of the Russian Federation. First of all, in accordance with paragraph 1 of Article 23 of the Federal Law, both legislative and executive bodies of state power are obliged to appoint at least one third of the number of commission members appointed by them on the basis of proposals received from each of the electoral associations that have deputy factions in the State Duma, as well as on the basis of proposals from electoral associations that have deputy factions in the legislative body of power of a constituent entity of the Russian Federation. In this case, no more than one representative from each of the electoral associations can be appointed to the commission.

Civil servants in the election commission of a constituent entity of the Russian Federation cannot constitute more than one third of the total number of voting members of the commission. This circumstance will have to be taken into account by the legislative and executive bodies when implementing the procedure for appointing commission members, coordinating their actions over time.

The provisions presented in the Federal Law are fully applied when forming district election commissions for elections to federal and regional government bodies, local government bodies, territorial and precinct election commissions 12 .

At the same time, it should be taken into account that the appointment of members of territorial election commissions, district election commissions for elections to regional government bodies, local government bodies, as well as members of precinct election commissions is carried out by the representative body of local government. In addition, when forming a precinct election commission, the proposals of the election commission of the previous composition are not taken into account, which is fully consistent with democratic principles and, in particular, the principle of urgency and turnover of state power enshrined in the Constitution of the Russian Federation.

§ 5. Nomination, collection of signatures and registration of candidates

Nomination of candidates.The implementation of the passive electoral right, which a certain person has according to the law, begins with the procedure for nominating candidates. This is a key moment in the election campaign, largely determining its entire further course. The most important question here is about the subjects of the right to nominate candidates. In accordance with Article 28 of the Federal Law, the right to nominate belongs to voters of the corresponding electoral district and by self-nomination, as well as to electoral associations, electoral blocs

The Federal Law on Basic Guarantees defines the framework for the nomination of candidates “within” electoral associations. Election laws establish that the nomination of candidates by electoral associations is carried out at the highest forums of these associations and by secret ballot. Of course, these rules themselves cannot completely guarantee the true democracy of the nomination procedure (and this is confirmed by practice), since much here depends on the “climate” in a party or other political association, on the relations of their central and peripheral bodies, political weight and the authority of leaders and other factors, but still they provide those minimally equal starting opportunities that are necessary for fair and honest competition of electoral associations already in the first stages of the election campaign.

It is of great importance that it is possible to nominate candidates simultaneously both on the list, that is, in the federal district and in single-mandate districts. This gives a double advantage to a number of candidates from electoral associations over independent candidates nominated in single-member constituencies. The legislator considered it necessary to create an advantage for candidates from electoral associations, based on political considerations - the need to establish a multi-party system in the country.

The Federal Law on Basic Guarantees introduced many new things into the procedure for nominating candidates not only by electoral associations, but also directly by voters.

According to Article 29, the nomination of candidates directly by voters is carried out through self-nomination, as well as on the initiative of a voter, a group of voters who have active voting rights when voting for a given candidate, with notification of this to the election commissions in which candidates will be registered, and the subsequent collection of signatures in support candidates.

Clause 5 of Article 31 of the Federal Law gives the constituent entities of the Russian Federation the right, when holding elections in municipalities with the number of registered voters of less than 10 thousand, to determine by their own legislation a different procedure for nominating candidates, in addition to collecting signatures in their support. Another (alternative) option for nominating candidates is to hold meetings of voters at their place of residence, work, service, or study. At the same time, paragraph 2 of Article 29 of the law prohibits the laws of the constituent entities of the Russian Federation from establishing the number of participants in such a meeting. Meanwhile, it is generally accepted and recorded in the relevant legislative acts that a meeting is valid provided that more than half of those entitled to participate in it are present.

Thus, the new Federal Law, like the previous one, establishes that when nominating candidates either on their own initiative or on the initiative of informal groups of voters, a procedure for notifying election commissions is required. At the same time, the issue of the form of notification remained not entirely clearly resolved. Comparing the procedures for nominating candidates by electoral associations and directly by voters, as they are enshrined in the new law, one can notice that when candidates are nominated by electoral associations, the election commission, which receives the lists of candidates nominated by electoral associations, certifies them, after which the collection of signatures in support of the nominated candidates begins (Clause 8, Article 30). Consequently, certification of lists is in this case an additional moment of the election procedure, a legal fact that allows the continuation of electoral actions (collection of signatures).

While providing for notification of the election commission about the nomination of a candidate, Article 29 of the Federal Law on Basic Guarantees does not stipulate how it should be documented.

Collection of signatures. Voter signatures are collected in support of candidates (lists of candidates) nominated directly by voters, electoral associations, and electoral blocs. The maximum number of signatures required for registration of candidates (lists of candidates) cannot exceed 2 percent of the number of voters registered in the territory of the electoral district. At the same time, federal laws and the laws of the constituent entities of the Russian Federation may determine the maximum number of submitted signatures of voters collected in support of candidates (lists of candidates), which should not exceed the number of signatures established by law required for registration by more than 15 percent.

The Federal Law on Basic Guarantees does not indicate that the collection of signatures is carried out at the place of work (including in work collectives), service, study and residence, but there is no direct prohibition on collecting signatures in these places. It is only said that signatures can be collected only among voters who have active voting rights in the electoral district in which the candidate agrees to his nomination, that is, among his potential voters. Therefore, if signatures are collected at a company where voters from another electoral district work, their signatures cannot be taken into account. In addition, the participation of the administration of enterprises of all forms of ownership, institutions and organizations in the collection of signatures is prohibited, as well as coercion to collect signatures and remuneration of voters for submitting signatures. It is prohibited to collect signatures during the process and at the places where wages are issued. Gross or repeated violation of these prohibitions may be grounds for the relevant election commission or court to recognize the invalidity of the collected signatures and (or) cancel the candidate’s registration (clause 6 of Article 31).

Thus, when collecting signatures in support of a candidate, certain conditions must be met to ensure the “purity” of the procedure. In addition, the law stipulates the behavior of candidates when collecting signatures; in particular, candidates, including those not yet registered, are prohibited from taking advantage of their official or official position. Using the advantages of an official or official position implies the following actions of a candidate that contribute to his nomination: attracting persons subordinate or in other official dependence, other state and municipal employees to carry out such actions during official time; use of premises occupied by state bodies or local governments, if other candidates cannot use the same premises under the same conditions; use of telephone, fax and other types of communications, information services, office equipment that ensure the functioning of government agencies or local governments; use free of charge or on preferential terms of vehicles owned by the state or municipality (this prohibition does not apply to persons using the specified transport in accordance with federal legislation on state protection); collecting signatures by state or municipal employees during official (paid for from state or municipal funds) business trips; preferential access (compared to other candidates, registered candidates) to the media for the purpose of collecting signatures.

It is questionable whether the norm of paragraph 8 of Article 31 should indicate on the signature sheet, in addition to the last name, first name, patronymic, year of birth and address of the voter’s place of residence, also the series and number of his passport or a replacement document and the date of its issue, because data on the series and number of the passport are confidential, and their inclusion in the signature sheet does not increase the reliability of the voter’s “live” signature.

Registration of candidates (lists of candidates).On the one hand, the registration of candidates is a legal factor that opens the next stage of the election campaign, on the other hand, it is an organizational one. Registration of candidates should be considered as a time-consuming process of verification by election commissions of the compliance of the actual procedure for nominating candidates with that established by law.

Registration of candidates (lists of candidates) must be strictly documented. And here different solutions are possible. The first thing that the Federal Law on Basic Guarantees requires is the presence of the required number of voter signatures (authentic, of course) collected in support of candidates. The second is a written statement of the candidate on self-nomination, as well as the presentation of individual voters, groups of voters, electoral associations, electoral blocs that nominated candidates (lists of candidates). Third, the presence of statements from candidates about their consent to run in a given electoral district.

Federal laws and laws of constituent entities of the Russian Federation may provide that in order to register candidates, information on income and property owned by the candidate must also be submitted to the relevant election commission.

The federal law established a direct obligation to verify the accuracy of the data contained in the signature lists, but did not establish a detailed procedure for verifying the accuracy of voter signatures collected in support of candidates (lists of candidates). He identified only its main points, in particular, he indicated that the verification procedure should be provided for by federal law, the law of the constituent entity of the Russian Federation, and either all submitted signatures or part of these signatures selected for verification through a random sample (lot) may be subject to verification. , but not less than 20 percent of the number of signatures required by law for registration. If a proportion of false signatures is detected among the verified signatures, the maximum value of which is established by federal law, the law of a constituent entity of the Russian Federation, or if the number of reliable signatures is insufficient for registration of the corresponding candidate (list of candidates), the election commission refuses to register the candidate (list of candidates). The federal law does not answer the question: whether a candidate who is denied registration due to the above circumstances has the right to collect the required number of valid voter signatures or to start collecting voter signatures again if he has the necessary time reserve 13 .

All candidates, representatives of electoral associations, electoral blocs that nominated lists of candidates who submitted the established number of signatures for registration of a candidate (list of candidates), must be notified of each inspection. When checking the signatures submitted by each electoral association, electoral bloc, candidate, including conducting a sample of signatures for verification, all candidates who submitted the established number of signatures, representatives of candidates, electoral associations, electoral blocs, nominating candidates (lists of candidates), representatives of voters, who carried out the initiative to nominate a candidate. Signatures that are on the signature sheets but are excluded (crossed out) by the initiators of the nomination of a candidate (list of candidates) before submitting the signatures to the election commission, if this is specifically noted by them, are not subject to verification and recording.

If forged signatures are found on signature sheets, the election commission has the right to forward materials verifying the authenticity of voters' signatures to the relevant law enforcement agencies to bring the perpetrators to justice under federal laws.

A federal law or a law of a constituent entity of the Russian Federation may provide that, at the discretion of a candidate, electoral association (bloc), registration of a candidate (list of candidates) is carried out by the relevant election commission not on the basis of the submitted signatures of voters, but on the basis of what was submitted to the election commission by this candidate, electoral association ( bloc) that nominated a list of candidates, an electoral deposit. The electoral deposit is paid from the election fund. If a registered candidate is not elected and, based on the voting results, received less than the number of votes established by the relevant law, but not more than 5 percent of the number of those who took part in the voting, and the electoral association (bloc) did not take part in the distribution of deputy mandates and received less than the established number based on the voting results according to the law of the number of votes of voters, but not more than 3 percent of the number of voters who took part in the voting, the electoral deposits made by them are transferred to the income of the corresponding budget.

One of the essential rules that is observed when registering candidates is aimed at ensuring alternative elections. The fact is that this main principle of democratic elections cannot be observed if at least two candidates or two lists of candidates do not compete in the electoral poll, therefore electoral laws stipulate that if by the day of voting there is not a single candidate left in the electoral district, or the number of registered candidates is less than or equal to the established number of mandates, or only one list of candidates is registered, elections in a given electoral district, by decision of the relevant election commission, are postponed for a period of no more than four months for the additional nomination of candidates (lists of candidates) and the implementation of subsequent elections actions.

If such a situation arises as a result of the fact that a candidate, without compelling circumstances, withdrew his candidacy or his registration was canceled due to the fact that he violated the election law, in elections to federal government bodies, government bodies of a constituent entity of the Russian Federation, bodies local government, all expenses incurred by the relevant election commission during the preparation and conduct of elections are charged to the account of this candidate. When these circumstances occur, the law of a subject of the Russian Federation may provide for voting on one candidate in elections of deputies of local self-government bodies, and the candidate is considered elected if at least 50 percent of the voters who took part in the voting vote for him.

§ 6. Election campaigning

Election campaignactivities of citizens of the Russian Federation, candidates, electoral associations and blocs, public associations, with the goal of inducing or encouraging voters to participate in elections, as well as to vote for certain candidates (lists of candidates) or against them. The state provides citizens of the Russian Federation, public associations, and political parties with free campaigning during elections in accordance with federal laws and the laws of the constituent entities of the Federation.

Citizens of the Russian Federation, public associations, political parties have the right, in forms and legal methods permitted by law, to campaign for participation in elections, for or against any registered candidate (for or against a list of candidates). Candidates and electoral associations and blocs are guaranteed equal conditions of access to the media.

Election campaigning can be carried out through the media, through pre-election events, including meetings and meetings with voters, public election debates and discussions, rallies, demonstrations, processions, production and distribution of printed campaign materials.

A candidate, electoral association, electoral bloc have the right to independently determine the form and nature of election campaigning through the media. Members of election commissions, state bodies, local self-government bodies, charitable organizations, religious associations, officials of state bodies and local self-government bodies, and military personnel in the performance of their official or official duties cannot participate in election campaigning.

A candidate, electoral association, electoral bloc have the right to free airtime on the channels of state and municipal television and radio companies carrying out television and radio broadcasting in the territories of the corresponding electoral district, on an equal basis.

A candidate, electoral association, electoral bloc have the right, on the basis of an agreement concluded with a state television and radio company, to receive for a fee airtime in excess of that provided free of charge. Payment conditions in relation to candidates and electoral associations, electoral blocs must be equal.

Mass media, the founders (co-founders) of which are state or municipal bodies, organizations, institutions, or which are financed in whole or in part from funds allocated from the relevant budget (federal budget, budget of a constituent entity of the Russian Federation, local budget) or funds from local governments, are obliged to ensure equal opportunities for candidates, electoral associations, electoral blocs to conduct election campaigning 14 .

Periodicals, the founders (co-founders) of which are state or municipal bodies, organizations, institutions, or which are financed in whole or in part from the relevant budget (federal, subject of the Federation, local budget) or funds from local governments, as well as publications that have benefits for taxes and mandatory payments compared to other publications, and apply to the territory in which elections are held, with the exception of publications established exclusively for the publication of official messages and materials, regulations and other acts, must allocate printed space for materials provided by candidates , electoral associations and blocs. The general minimum size of such space, the ratio of the parts provided by periodicals free of charge from their current budget funding and on a reimbursable basis are established by federal laws and the laws of the constituent entities of the Federation.

All printed campaign materials must contain information about the organizations and persons responsible for their publication. Distribution of anonymous campaign materials is prohibited.

State bodies and local self-government bodies are obliged to provide election commissions with premises in state or municipal ownership for their use for meetings of candidates and their proxies with voters. Election commissions are required to ensure equal opportunity for all candidates in these meetings.

Abuse of freedom of mass information is not allowed during election campaigning; agitation that incites social, racial, national hatred and enmity, calls to seize power, forcibly change the constitutional system and violate the integrity of the state, propaganda of war and other forms of abuse of freedom of the media prohibited by law.

If these violations are committed, election commissions have the right to apply to the court to cancel the decision to register a candidate (list of candidates).

Election commissions monitor compliance with the established procedure for pre-election campaigning.

Election campaigning begins on the day of registration of candidates and ends at zero hours one day before voting day. Printed campaign materials previously placed outside the buildings and premises of election commissions may be stored on voting day in their original places. During three days before voting day, including voting day, publication in the media of the results of public opinion polls, forecasts of election results and other research related to elections is not allowed.

Voting in elections is held on a calendar day off. The start and end times of voting are established by law, usually from 8 a.m. to 10 p.m.Territorial and precinct election commissions are required to notify voters about the time and place of voting no later than 20 days before the day of voting through the media or other means.

A voter who will not be able to arrive at the voting premises of the polling station where he is included in the voter list on voting day has the right to receive an absentee ballot from the precinct election commission to vote in the elections and take part in voting at that polling station. in which he will sit on voting day, within the electoral district, this voter has an active voting right.

Voting is carried out by the voter putting on the ballot paper any sign in the square (squares) relating to the candidate (candidates) or the list of candidates in whose favor the choice was made, or to the position “against all candidates (list of candidates)”.

Each voter votes personally; voting for other voters is not allowed. Ballot papers are issued to voters included in the voter list upon presentation of a passport or other document proving their identity. The precinct election commission is obliged to provide all voters with the opportunity to participate in voting, including persons who, for health reasons or other valid reasons, cannot come to the voting premises. For these purposes, the precinct election commission must have the required number (but not more than three) of portable ballot boxes, which is determined by the decision of the district election commission. An application for the opportunity to vote outside the polling station must be confirmed by the voter in writing upon the arrival of members of the precinct election commission. Members of this commission, traveling on applications, receive, against signature, ballot papers in a quantity corresponding to the number of applications. The number of voter applications, used and returned ballots is noted in a separate act. Data about voters who voted outside the voting premises are additionally entered into the list. Observers have the right to be present during voting outside the voting premises. The organization of voting outside the premises must exclude the possibility of violating the electoral rights of a citizen, as well as distorting the will of the voter 15 .

As previously noted, ballot papers are filled out by the voter in a specially equipped booth or room in which the presence of other persons is not allowed. A voter who is unable to fill out a ballot on his own has the right to use the help of another person who is not a member of the precinct election commission, a candidate, an authorized representative of an electoral association of an electoral bloc, an authorized representative of a candidate, an electoral association or bloc, or an observer. The ballot paper must contain the seal of the precinct election mission or the signatures of at least two of its members. The voter confirms receipt of the ballot paper by signing in the voter list.

Voters place completed ballots in ballot boxes.

A member of a precinct election commission is immediately suspended from participating in its work, and an observer is removed from the voting premises if they violate the secrecy of voting or try to influence the will of the voter. The decision on this is made by the precinct election commission.

Votes are counted by voting members of the precinct election commission based on the ballot papers submitted by voters. When counting votes, the precinct election commission shall invalidate ballot papers from which it is impossible to determine the will of voters, as well as ballot papers of an unknown form. Members of the precinct election commission count and record the results of counting ballots in the protocols.

To exclude the possibility of falsification of voting results, the counting of votes begins immediately after the end of voting time and is carried out without interruption until the voting results are established, of which all members of the precinct election commission, as well as observers representing candidates, electoral associations and blocs, foreign ( international) observers.

Based on the protocols of precinct, territorial (district, city and other) election commissions, by summing up the data contained therein, the district election commission establishes the election results for the electoral district yry . A protocol on this is drawn up, which is signed by all present members of the district election commission with the right to cast a decisive vote. 16 .

The district election commission recognizes elections as invalid if violations committed during voting or determining the voting results do not allow reliably establishing the results of the will of voters, also if they are declared invalid by at least one-fourth of the polling stations or by a court decision.

All documentation of election commissions at all levels, including election ballots, must be stored for the periods prescribed by law. In this case, the established storage periods for election ballots cannot be less than one year, and protocols of election commissions - less than one year from the date of announcement of the date of the next elections at the same level.

The final election results are subject to publication in the official media as soon as possible to familiarize all citizens of the Russian Federation and the world community with the outcome of the entire process.

Bibliography

Regulatory acts

1. Constitution of the Russian Federation. Moscow. Norm. 1997.

2. On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies: Federal Law No. 138-FZ of January 26, 1996 // SZ RF. 1996. No. 49. Art. 5497.

3. On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation: Federal Law of June 12, 2002; as amended on September 12, 2002. No. 67-FZ // SZ RF. 2002. No. 24. Art. 2253.

2. On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation: Federal Law No. 175-FZ of December 20, 2002.// SZ RF. 2002. No. 51. Art. 4982.

4. On the presidential elections of the Russian Federation: Federal Law No. 19-FZ of January 10, 2003 // SZ RF. 2003. No. 2. Art. 171.

Literature

1. Veshnyakov Yu.A. Reform of the electoral system in the Russian Federation and international law. Bulletin of the Central Election Commission of the Russian Federation.1995. No. 3.
2. Election law and the electoral process in Russia: past and present (regional aspect). Tambov. TSTU. 2000. Electoral law and electoral process in the Russian Federation. Textbook for universities. Moscow. Norm. 1999.
3. Kozlova I.E. Kutafin O.E. Constitutional law of Russia. Moscow. Lawyer. 2003.
4. Essays on the history of elections and suffrage. Edited by Vedeneev Yu.A. and Bogodarova N.A. Kaluga Moscow 1997.
5. Representative democracy and electoral legal culture. Under the general editorship. Vedeneeva Yu.A. and Smirnova V.V. M: Publishing house "The Whole World". 1997.
6. Ivanchenko A.V. On strengthening the basic guarantees of the electoral rights of citizens of the Russian Federation. Collection of articles on Russia, “Elections Today” newsletter. 2002.

Scientific publications

1. Borisov I.B. The relationship between the norms of international and domestic law in matters of the electoral process. Journal of Russian Law. 2002. No. 4.

2. Vydrin I.V. Institute of Public Observers of Government Elections State and Law. 1996. No. 6.

3. Krasinsky V.V. The place and role of elections in the system of democracy of the Russian Federation. Constitutional and municipal law. 2003. No. 4.

4. Makarov B.A. Elections: declarations and reality (some problems of electoral law in modern Russia). Constitutional and municipal law. 2003. No. 5.

6. Sidyakin A.G. Constitutional and legal liability of candidates for violation of electoral legislation. Journal of Russian Law. 2003. No. 10.

1 Electoral law and the electoral process in the Russian Federation. Textbook for universities. Moscow. Norm. 1999.

2 Elections of deputies of the State Duma of the Federal Assembly of the Russian Federation. Moscow. The whole world. 2000.

3 Mints B.I. Electoral process and local self-government. Bulletin of the Central Election Commission of the Russian Federation. 1998. No. 9.

4 Electoral process in Russia and Europe. St. Petersburg Brockhouse Efron. 2001.

6 Postnikov A.E. Electoral law of Russia. Norm. Moscow. 2000.

7 Postnikov A.E. Electoral law of Russia. Norm. Moscow. 2000.

8 Election law and the electoral process in Russia: past and present (regional aspect). Tambov. TSTU. 2000.

9 Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.” Central Election Commission of the Russian Federation. Moscow. 1999. Art. 15 - 16

10 Elections of state bodies authorities of the Russian Federation, state bodies authorities and local self-government of the constituent entities of the Russian Federation (preparation and implementation procedure). Moscow. IRIS. 2000.

11 Ivanchenko A.V. Election commissions in the Russian Federation: history, theory, practice. (Monographic study). Moscow. Publishing house "The Whole World". 1996.

12 Mints B.I. Electoral process and local self-government. Bulletin of the Central Election Commission of the Russian Federation. 1998. No. 9.

13 Vedeneev Yu.A. Electoral law and electoral process. Moscow. Norm. 1999.

14 Kozlova I.E. Kutafin O.E. Constitutional law of Russia. Moscow. Lawyer. 2003.

15 Vydrin I.V. Institute of public observers of government elections. State and right. 1996. No. 6.

16 Kozlova I.E. Kutafin O.E. Constitutional law of Russia. Moscow. Lawyer. 2003.

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Concept and types of electoral systems.

Electoral process: concept and stages.

Legal status of subjects of the electoral process.

System of election commissions in the Russian Federation.

Calling elections as a stage of the electoral process.

Registration (registration) of voters, compilation of voter lists, formation of electoral districts and polling stations.

The procedure for nominating and registering candidates.

Conditions and procedure for conducting election campaigning.

Election financing.

Electoral disputes: concept, classification, causes.

Procedure for resolving election disputes.

Responsibility for violation of electoral legislation: concept, types.

Suffrage and electoral legislation.

Concept, principles, system of electoral law in Russia

The term “suffrage” is usually used in two meanings: objective and subjective.

Objective electoral law is a system of legal norms regulating social relations related to elections of state and local government bodies. These norms are contained in constitutions (usually these are only the principles of electoral law), in election laws (sometimes these laws are very lengthy and therefore they are called election codes), and in the subjects of the federation, in political autonomy, their own laws on the election of bodies and officials may apply these state entities.

Such norms may be contained in presidential decrees, government decrees, decisions of constitutional courts concerning certain issues of electoral law, acts of central election commissions and other bodies in charge of elections (for example, acts of supreme electoral tribunals in a number of Latin American countries ). We will consider the sources of suffrage in more detail in a separate topic of the textbook.

In a subjective sense, suffrage is the right guaranteed to a specific citizen to elect and be elected to bodies of state power and local self-government. Usually, for this you need to have citizenship of a given state (foreigners in the country of residence, as a rule, do not vote), a certain age (usually 18 years), and be of sound mind (mental health). But there are other conditions that will be discussed below.

Objective and subjective suffrage are closely interrelated. Firstly, objective suffrage is a normative form of existence of subjective suffrage rights. In this capacity, objective law acts as a normative source of citizens' electoral rights. Secondly, the norms of objective law establish models of legal behavior (legal and unlawful) of subjects of electoral legal relations.

Thirdly, objective law not only indicates the scope and content of the powers of holders of voting rights, but also determines the procedure for their implementation. Fourthly, objective electoral law establishes guarantees for the protection and protection of citizens' electoral rights (in particular, measures of legal liability). Fifthly, objective electoral law serves as an official criterion for the legality of the behavior of subjects of electoral legal relations.

Thus, electoral law is a set of legal norms that establish the state-guaranteed constitutional rights of citizens to elect and be elected to bodies of state power and local self-government.

According to Art. 32 of the Constitution of the Russian Federation “Citizens of Russia have the right to elect and be elected to government bodies and local government bodies. Citizens declared incompetent by a court, as well as those in prison by a court sentence, do not have the right to vote or be elected.”

In this context, a distinction is made between active and passive suffrage.

Active suffrage is the right to vote. It directly depends on the person reaching the legal age. This right is exercised by a citizen voting in elections, referendums or during a campaign to recall an elected official. The most important prerequisite for its implementation is the inclusion of a citizen in the voter list.

In the Russian Federation, active suffrage belongs to citizens over 18 years of age whose place of residence is located within the electoral district. The stay of a citizen of the Russian Federation outside his place of residence during elections in the district in which this place of residence is located cannot serve as a basis for depriving him of the right to participate in elections to government bodies of the relevant subject of the Russian Federation or local self-government bodies. The law may also grant active suffrage to a citizen whose place of residence is located outside the electoral district.

Passive suffrage is the right of a citizen to be elected to government bodies and local self-government. Passive suffrage has a more complex legal regime and, in contrast to active suffrage, characterized by the most favored nation regime, is more restrictive, which is mainly related to age criteria and in some cases with additional restrictions. At the same time, restrictions on passive voting rights related to the location of a citizen’s place of residence in a certain territory of the Russian Federation, including requirements for the duration and duration of his residence in this territory, are established only by the Constitution of the Russian Federation.

The definition of electoral law can be reduced as a result to a system of legal norms regulating public relations in the sphere of organizing and conducting elections to state authorities and local governments.

Suffrage system includes general and special parts. The criterion for their delimitation is the scale of action of the norms that form them. Accordingly, the general part unites the rules of electoral law that have universal significance and extend their influence on the implementation and protection of the right of citizens to elect and be elected to government bodies and local government bodies, regardless of the type and level of its implementation. As for the special part, it covers rules that provide for specific requirements regarding the organization and conduct of various election campaigns, compliance with which is mandatory only when conducting specific types of elections.

In turn, both the general and special parts of electoral law include separate legal institutions, which can be understood as a set of norms of electoral law that regulate separate groups of relations gravitating towards each other within the framework of a single subject of legal regulation related to the implementation of the electoral rights of citizens.

Based on this, the general part of Russian electoral law includes the principles of electoral law, subjects of electoral law, financial support for elections, the electoral process, ensuring the electoral rights of citizens in the inter-election period, appealing actions and decisions that violate the electoral rights of citizens, liability for violation of electoral legislation. A special part is formed by the institutions of elections to federal bodies of state power, to government bodies of constituent entities of the Russian Federation and to local self-government bodies. Each of these institutions is characterized by a rather complex composition, is represented, as a rule, by a very extensive set of sub-institutions and is often manifested externally through legal regulations of various sectoral affiliations.

It should be taken into account that the system of electoral law has not yet been established, is in the stage of active formation, as a result of which it is undergoing noticeable changes, reflected in the emergence of new elements that form it and the filling of traditional sections with content that meets the modern needs of the formation of electoral democratic institutions.

All principles of suffrage conditionally can be systematized, first of all, into the principles of organizing and conducting elections and the principles of participation of Russian citizens in elections.

Principles of organizing and conducting elections:

1. The principle of compulsory elections (Article 9 of the Federal Law) means that elections are imperative and the only legitimate way to form representative and executive bodies of state power and local self-government bodies.

2. The principle of frequency of elections (Article 9 of the Federal Law) is associated with the time frame of powers of state authorities and local self-government and means that regular elections must be held at certain intervals. According to Art. 81 and Art. 96 of the Russian Constitution, the President and deputies of the State Duma are elected for a term of 6 and 5 years, respectively.

3. The principle of alternative elections is as follows: if by voting day there is not a single candidate left in the electoral district, or the number of registered candidates remains less than or equal to the established number of mandates, or only one list of candidates is registered, elections in this electoral district by decision of the relevant election commission are postponed for a period of no more than six months for the additional nomination of candidates (lists of candidates) and the implementation of subsequent electoral actions:

Otherwise, the law provides for voting in a single-mandate district or in a single electoral district for one candidate:

2) in elections of deputies of local government bodies (if this is provided for by the law of the subject of the Federation). In this case, a candidate is considered elected if at least 50% of voters who took part in the elections voted for him.

4. The territorial principle of elections is associated with the principles of direct and equal elections and means that voters participate in elections at their place of residence, that is, elections are held in electoral districts.

5. The principle of independence of bodies organizing and conducting elections means that in order to ensure the implementation and protection of the electoral rights of citizens, special bodies are formed - election commissions, in the preparation and conduct of elections, within their competence, independent of state authorities and local self-government.

In accordance with Art. 21 and art. 23 of the Federal Law “On Basic Guarantees of Electoral Rights” the Central Election Commission of the Russian Federation (CEC of the Russian Federation) and the election commissions of the constituent entities of the Federation are characterized as state bodies that are not included in the system of legislative (representative), executive and judicial authorities.

6. The principle of monitoring the progress of organizing and conducting elections. State, public and international control is exercised over the organization and conduct of elections.

State control is primarily exercised by the Constitutional Court of the Russian Federation, courts of general jurisdiction, election commissions, and internal affairs bodies.

Public control can be carried out, for example, through observers.

International control is carried out by international observers, who in their activities are guided by the methodology and basic principles of organizing monitoring of the preparation and conduct of elections, recommended by the Council of Europe.

7. The principle of liability for violations of the electoral rights of citizens and election laws includes legal means that specify the content of electoral rights and are provided for by the norms of criminal, administrative and civil legislation, as well as election legislation.

Principles for the participation of Russian citizens in elections:

1. Universal suffrage means that all citizens of the Russian Federation, regardless of gender, race, language, social and property status, profession, education, religion, political beliefs, have the right to vote and can be elected.

The principle of universality presupposes legislative restrictions - electoral qualifications. They differ depending on what right they restrict: active or passive.

In Art. 19 of the Constitution of the Russian Federation contains a list of grounds on which individual rights and freedoms cannot be limited, i.e. those that cannot act as electoral qualifications. These include characteristics of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, and membership in public associations.

1. Citizenship qualification. Foreigners and stateless persons residing in the country where elections are held generally do not have voting rights. However, this rule does not always apply at the local level. Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” in Part 10 of Art. 4 establishes that, on the basis of international treaties of the Russian Federation and in the manner established by law, foreign citizens permanently residing on the territory of the relevant municipality have the right to elect and be elected to local government bodies, to participate in other electoral actions in these elections, as well as participate in a local referendum on the same conditions as citizens of the Russian Federation.

In addition, the law provides for restrictions on voting rights for citizens of the Russian Federation.

Thus, citizens do not have the right to elect, be elected, or participate in a referendum:

− those recognized by the court as incompetent or held in places of deprivation of liberty by a court verdict. A citizen who, due to a mental disorder, cannot understand the meaning of his actions or manage them (Article 29 of the Civil Code of the Russian Federation) is recognized as incompetent. Such recognition is possible only in court. Guardianship is established over such a citizen, and the guardian does not have the right to exercise voting rights on his behalf. Limitation of legal capacity established by a court decision due to a citizen’s abuse of alcoholic beverages or drugs, if the person puts the family in a difficult financial situation, does not entail deprivation of the right to vote (both active and passive).

− citizens of the Russian Federation who have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state. These citizens have the right to be elected to local government bodies if this is provided for by an international treaty of the Russian Federation.

Citizens of the Russian Federation do not have the right to be elected:

− those sentenced to imprisonment for committing grave and (or) especially grave crimes and having an unexpunged and unexpunged conviction for these crimes on election voting day;

− those convicted of committing crimes of an extremist nature, provided for by the Criminal Code of the Russian Federation, and having an unexpunged and unexpunged conviction for these crimes on the day of voting in the elections;

− subjected to administrative punishment for committing administrative offenses under Art. 20.3 and 20.29 of the Code of the Russian Federation on Administrative Offenses, if voting in elections takes place before the end of the period during which the person is considered subject to administrative punishment.

2. Residential qualification. Possession of citizenship does not at all mean unconditional granting of voting rights. One of the most ancient qualifications used in electoral practice is the so-called residence qualification, which means the period required for a person to be included in the voter lists or registered as a candidate.

The Constitution of the Russian Federation establishes the only restriction on this basis - a candidate for the post of President of the Russian Federation must reside on the territory of Russia for at least 10 years (Part 2 of Article 81 of the Constitution of the Russian Federation). In all other cases, it is prohibited to establish a residency requirement.

3. Age limit. In Russia, to have active voting rights, you must be 18 years old.

The minimum age of a candidate for elections to legislative (representative) bodies of state power of the constituent entities of the Russian Federation is 21 years; in local government elections - 21 years old. In addition, the Constitution establishes the minimum age for a candidate for the post of President of the Russian Federation (Article 81) - 35 years, for deputies of the State Duma - 21 years (Article 97). The Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” prohibits establishing a maximum age for candidates.

4. Incompatibility qualification. It lies in the fact that a person who occupies a certain position (if he intends to continue to hold it), has any elective mandate (if the person intends to continue to retain it) or any specific occupation ( if the person intends to continue to implement it). Deputies and elected officials working on a permanent basis do not have the right to engage in entrepreneurial activities, as well as other paid activities, with the exception of teaching, scientific and other creative activities, and also do not have the right to hold other state or municipal positions, including elected ones.

2. Equal suffrage. This principle presupposes, firstly, an equal opportunity for everyone to influence the election results: each voter is given an equal number of votes and all votes have equal weight. Secondly, equal conditions for candidates for elected positions to participate in the election campaign.

3. Direct suffrage. The voter votes directly for or against candidates or a list of candidates. In direct elections, the issue of election is decided by the citizens themselves.

In the Russian Federation, all government bodies (federal level and the level of constituent entities of the Federation) are elected directly.

5. Voluntariness. The principle of voluntariness means that it is the voter who consciously decides on his participation in the electoral process. State and local government bodies and other persons do not have the right to force voters to participate or not participate in elections. This is called a free vote of the voter.

Citizens of the Russian Federation are endowed with a large number of rights regarding the choice of government bodies, the formation of the composition of local government structures, and even amendments to the Constitution of the country. In terms of the content of laws governing elections in Russia, our country is one of the most democratic in the world. Of course, we are far from Switzerland with its direct democracy, but the state gives Russians all the resources for full-fledged popular governance of the country.

What is suffrage

Electoral law is a system of laws regulating how elections to various levels of government should be conducted, or as such the right of citizens of a country or city to participate in the election process as a voter or as a candidate. In both meanings, electoral law may concern, for example, elections to the State Duma, elections of the President of Russia, regional and municipal leaders.

The interpretation of the term “suffrage”, associated with the participation of citizens in elections, implies its passive and active form. The first is when a person becomes a candidate for some managerial or political position. The second is when he chooses himself. Sometimes such a classification is called a division into when a person chooses someone, and subjectively, when he becomes a candidate. The key feature of any right is the presence of restrictions for some persons and the absence of such for others. So it is in the case of voting rights: not all citizens and not all persons with physical access to elections are endowed with the opportunity to vote or be candidates.

Fundamentals of electoral law in Russia

Heads of municipalities, subjects of the federation, deputies of councils and the State Duma, mayors, the President of Russia - all of them are elected (unless any federal and regional laws, in the absence of contradictions with other acts, do not allow otherwise) by citizens on the basis of general, equal and free elections, subject to secrets of voting. Electoral law in the Russian Federation is based on specific legislation, which is divided into several levels. These are federal laws (FL) on electoral rights, regional and municipal acts.

Elections in Russia are general, that is, every citizen has the right to vote and be elected. There is some qualification, but it has a completely reasonable basis: only adult citizens (over 18 years of age) can vote (that is, use active or subjective suffrage), and persons over 21 years of age can be candidates (use passive or objective rights). Laws do not allow citizens who have been declared legally incompetent to vote or be elected, or who are serving sentences in prison. The universality of the law in Russia means that a citizen who has been denied access to elections by the competent authorities can appeal this in court and expect to receive a response no later than two days later.

The main sources of electoral law in Russia

Suffrage is a phenomenon based on laws. The key ones for Russia are the following. Firstly, this is the Constitution of the Russian Federation, the main law of the country. Secondly, this is the Federal Law “On Referendum”, which regulates the mechanisms of national expression of will on issues related to the status of the entire country. Thirdly, these are federal laws that regulate elections to government bodies, and also explain the key provisions of the electoral rights of Russian citizens. Among these are the federal laws “On Presidential Elections”, “On Ensuring the Russian Federation to Elect and Be Elected to Local Government Bodies”. Fourthly, the sources of electoral law in Russia include local acts of executive officials heading regional authorities and municipalities. Sometimes the implementation of electoral rights becomes the prerogative of the State Duma and the Central Election Commission, which, if necessary, issue relevant decisions.

Voting rights of Russians

Guarantees of citizens' voting rights in modern states acquire the character of a system controlled by a number of specific laws. They determine the procedure according to which officials or political organizations are selected to represent the interests of citizens in various government bodies. There is a separate law regulating these democratic procedures - the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.”

Among the most important, practically significant and necessary guarantees for citizens, lawyers note the following. Firstly, these are political guarantees. They are associated with the diversity of ideologies, the equality of people united by a common interest before the law, freedom of agitation, and the involvement of independent observers. Secondly, these are material guarantees of voting rights: the costs of holding elections at different levels are borne by the budget of the country, region or municipality. Thirdly, these are the actual legal guarantees designed to ensure the legitimacy of the elections. Citizens, in accordance with these guarantees, can appeal the actions of various officials involved in organizing voting and counting results.

in Russia

Suffrage is a kind of mechanism. The sustainability of its work requires adherence to certain standards. These include, for example, the format of electoral systems. In Russia there are two of them - majoritarian and proportional. Under the first, elections are held in single-member or multi-member constituencies. Voting results are calculated based on the majority of votes cast for the candidate or candidates. An absolute majority rule can be applied, when a candidate needs to get more than 50% of the votes to win, or a relative majority rule, when the one who receives at least one more vote than any of the competitors wins.

The proportional format is when voters vote for lists of candidates formed by political associations (parties or blocs). typical for elections of the President of Russia, heads of federal subjects, and mayors. The proportional format is used in elections to the State Duma or local representative bodies of government. However, in some regions there are precedents for electing deputies to local government bodies under a majoritarian system.

Specific formats of electoral systems are established by laws at different levels. If we are talking about elections of the President or State Duma deputies, then the rules at the federal level apply. In turn, during elections held in the constituent entities of the Russian Federation, in municipalities, local legislative norms come to the fore, but only if they do not contradict federal laws and the Constitution of the country. Any laws relating to the regulation of election procedures must comply with the Federal Law “On Basic Guarantees of Electoral Rights,” discussed above.

Who changes the Constitution and how?

As mentioned above, the Constitution of the Russian Federation is the main law of the country. All subordinates are obliged to comply with it. The Constitution can be partially revised (only in chapters 1, 2, and 9), and amendments can be made to it (from chapters 3-8).

Who has the authority to make proposals for amendments to the text of the Constitution or for the revision of its individual parts? This right is possessed by many government bodies: the President, the State Duma, the Federation Council, the Government of Russia, and regional representative bodies. The specific course of revision of parts of the Constitution will depend on which particular government body took the initiative. Fact: citizens themselves can directly participate in changing the Constitution of the country.

For example, if more than 60% of the votes of members of the Federation Council and State Duma deputies are in favor of revising the provisions of the Constitution, then the Constitutional Assembly is immediately convened. Its participants can make one of two decisions: leave the main law of the country unchanged or develop a new project. And this is where Russian citizens can join the process. If two thirds of the team cannot make a decision, then the Russians are asked to do so. To adopt a new draft Constitution, it is necessary that more than half of the citizens vote “for”, and the turnout exceeds 50%. Suffrage in the Russian Federation is also the opportunity for residents of the country to adopt or change the fundamental law.

Another example is the consideration of a bill to amend the Constitution in chapters 3 to 8 by the State Duma. This occurs in three readings, which is very similar to the procedure for adopting federal laws. At least two thirds of deputies must approve the amendments. After passing three readings, the bill goes to the Federation Council for discussion and three-quarters of the members must vote “for”. If this happens, the bill is published in official publications and citizens can familiarize themselves with it. At the same time, it is sent to the representative bodies of the constituent entities of the Federation. For a bill to become a full-fledged law, two-thirds of regional authorities need to approve it. If this happens, the act is sent to the President of Russia for signing.

Elections to the State Duma

The Russian system of electoral law implies several different ones. One of them is the election of deputies of the lower house of the Russian Parliament (State Duma). This procedure is regulated by the Federal Law “On Elections of Deputies”. According to this act, State Duma deputies are elected by citizens in a secret ballot. There are always 450 deputies elected to the lower house of Parliament. The choice takes place at the federal level in proportion to the votes cast for the lists of party candidates. That is, you cannot vote for a specific person, but only for the political association in which he is registered. Having received such and such a percentage of votes, the party receives a proportional number of seats in the State Duma from 450.

Citizens of Russia who are over 18 years old can elect deputies. Also, adult Russians can participate in the formation of party lists of candidates, campaign, observe how elections are going on, how election commissions work (including by exercising control over the counting of results). Citizens who are 21 years of age or older can try themselves as candidates in State Duma elections.

Elections of deputies to the lower house of Parliament are called by the president of the country. The head of state must give the go-ahead no later than 90 days before the voting date (the first Sunday of the month in which the term of office of the State Duma of the current convocation expired).

The most important, if not the key role in the elections of State Duma deputies is played by election commissions. They implement the voting process at local polling stations - in cities and villages. During elections to the State Duma, any party can attract its representatives to election commissions. There are three of them: a member of the commission with a casting vote, a person authorized to give an advisory vote, and an observer. Each of them is endowed with a certain range of functions. The rights of a member of an election commission are secured by law. Let's see what, for example, an observer can do. Firstly, he monitors the correctness of the vote count. Secondly, he has the right to examine the ballots for their integrity and the correctness of the “for” or “against” marks. He can monitor the correctness of the protocol reflecting the voting results and get acquainted with other documents related to the elections.

What is direct democracy

There is such a phenomenon - direct suffrage. It is a procedure when laws are adopted not by a representative body (Council or Duma), but by the residents of the country or political entity themselves. The methods here can be different: congresses, forums, etc. Historically, direct democracy preceded representative democracy. This form of government was practiced during the times of ancient civilizations, including in Rus' in the form of a national council.

Now direct democracy occurs only at the level of small groups (say, when choosing a leader in a university group). There are elements of direct popular government in some municipalities, for example, in Israeli kibbutzim, in Swiss cantons (plus within the framework of national referendums taking place in Switzerland).

An example of direct democracy in Switzerland

Consider the Swiss model of direct democracy. Here is an example when the right to vote, guaranteed by the institutions of direct democracy, is an instrument of influence on national politics. Recently, a referendum was held in the country to decide on tightening immigration policy. 78.8% of Swiss people voted in favor of stricter laws. As a result, in the fall of 2015, it will be more difficult for potential migrants to naturalize in this European country: for example, special camps will be created to verify the identities of refugees. according to a number of analysts, it showed the rest of the world how effective and close to the people and their sentiments direct democracy is, as well as how broad the voting rights of citizens can be.

The history of Swiss democracy, according to most historians, dates back to the 16th century. Then self-government bodies called “Landsgemeinde” appeared, which controlled the life of local communities. Only men who had the right to carry weapons had the right to vote. The next step towards the emergence of direct Swiss democracy was the first referendum, held in May 1802. Then the constitution of the Helvetic Republic was approved.

Now any Swiss citizen can, firstly, vote, and secondly, initiate a national discussion of a particular bill, amend current acts, codes, or even the Constitution of the country. True, it will be necessary to collect a considerable number of signatures in order for the initiative to be registered. Their specific number depends on the types of referendum. In Switzerland there are two of them - optional (it requires 50 thousand signatures) and mandatory (100,000 signatures).

This difference is explained simply: an optional referendum is usually a process against a law adopted by parliament, that is, certain conditions must arise to initiate an optional referendum, while a mandatory referendum is a “clean slate” process for which no special conditions are required.

Russian presidential elections

Russia, as many experts believe, is a presidential republic. That is, the position of the head of state here is not nominal (as, for example, in Germany), the president de jure and de facto concentrates enormous powers of power in his hands, and therefore Russian electoral law endows the procedure for selecting the head of state with a number of special features that distinguish this process from the election of, say, State Duma deputies.

The election law states that a citizen under 35 years old cannot become president of Russia (in the case of elections to the State Duma, the age limit is 21 years old). This is due to the special role and high responsibility of the elected head of state. Also, a candidate for the post of President of Russia must have lived in his country for at least ten years. There are two interpretations regarding this qualification. Some lawyers are confident that ten years of residence can be obtained by summing up different periods of stay in Russia. Others believe that one must live continuously.

If in elections to the State Duma the same party can occupy at least all 450 seats as many times in a row as desired, then you can become president of Russia only twice in a row. There is an opinion that a limited number of re-elections of the head of state can prevent authoritarianism. A change of personalities in the position of president, as some political scientists believe, is a condition for peaceful, lawful behavior of the opposition, which always has a chance to nominate its own candidate in the elections and win. Otherwise, the opposition may stage a coup. The Russian Constitution allows the same person to hold the presidency three times, four times or more, but not twice in a row.

Elections of the head of the Russian state are called by the Federation Council no later than 120 days before the voting date. Just as in the case of elections of State Duma deputies, voting takes place on the first Sunday of the month in which the president’s term of office expires. By the way, the Federation Council may not call elections, but they will be held on the second or third Sunday of the month in which citizens elected the president last time.

Elections of the head of state in Russia may be declared invalid in several cases. Firstly, if less than half of the voters came to the polling stations. Secondly, if the Central Election Commission revealed a large percentage of violations during the counting of votes. Thirdly, elections are canceled if the voting results are invalid in more than 25% of polling stations.

The President of Russia can be elected in the first round if he receives more than 50% of the votes. If this does not happen, then a second round is scheduled, in which it is enough to get a simple majority of votes.

Third experience

Then, to check and compare the data obtained, I carried out calculations:

Let's find the flight range from the equation y(x):

We find the maximum lifting height using the formula :

Then, having analyzed the data from the experiment and the data obtained from the calculations, we can conclude that all values ​​approximately match (the difference is the error in the calculations), which means the third experiment was done correctly.

1. Suffrage: concept, content. 2

2. The concept of elections. Their types, functions and place in the mechanism for implementing popular representation. 2

3. Suffrage and electoral system (correlation of concepts). 2

5. The principle of free elections and guarantees of its implementation. 2

6. The principle of general elections and guarantees of its implementation. 3

7. The principle of direct elections and guarantees of its implementation. 3

8. The principle of equal elections and guarantees of its implementation. 3

10. History of the development of electoral law institutions in Russia. Continuity in electoral law. 3

11. Concept and main types of electoral systems. 4

12. Majoritarian electoral system and its varieties. Positive and negative traits. 4

13. Proportional electoral system and its varieties. Positive and negative traits. 5

14. Mixed electoral systems. 5

15. Features of the Russian electoral system. 5

16. Compliance of the Russian electoral system with international legal standards. 5

17. Concept and types of sources of electoral law. 6

18. Federal Electoral Law (general characteristics). 6

19. Electoral bodies of the constituent entities of the Russian Federation (general characteristics). 6

20. Features of the legal regulation of municipal elections. 7

21.International electoral standards. 7

22. Prospects for the development of the electoral system in Russia. 7

23. Acts of the Central Election Commission of the Russian Federation and their role in organizing the electoral process. 8

24. The concept of “voter”: legal characteristics. 8

25. Electoral qualifications: concept, types, feasibility of introduction. 8

26. Absenteeism: concept, problems of reducing absenteeism. Improving the legal culture of voters. 8

27. The concept of electoral association. Procedure for formation and registration. The role of political parties in the electoral process. 9

28. Forms and guarantees of participation of an electoral association in elections. 9

29. Election commissions: system and procedure for formation. 9

30. Legal status of election commissions. Their functions and place in the system of public authorities. 9

31. Term of office of election commissions. Disbandment of the election commission. 10

32. Legal status of the Central Election Commission of the Russian Federation: structure, powers, acts. 10

33. Powers and features of the legal status of election commissions of constituent entities of the Russian Federation. eleven

34. Powers and features of the legal status of election commissions of municipalities. eleven

35. Powers and features of the legal status of district election commissions. eleven

36. Powers and features of the legal status of territorial election commissions. eleven

37. Powers and features of the legal status of precinct election commissions. 12

38. Status of members of election commissions. 12

39. Status of a member of the election commission with the right of advisory vote. 12

54. Ensuring equal status for registered candidates. Powers of registered candidates. 12

55. Guarantees for the activities of registered candidates. 13

56. Candidate's proxies. 13

57. Prohibition on a candidate taking advantage of his official or official position. 14

58. Termination (loss) of candidate status. 14

59. The institution of observers as one of the forms of election control. Forms of participation of observers in the electoral process. Types of observers. 14

60. Rights, duties and responsibilities of observers. Legal status of foreign observers. 15

1. Suffrage: concept, content.

The term “suffrage” is used in two senses. Firstly, suffrage in an objective sense(positive suffrage) is a system of legal norms governing the preparation and conduct of elections. Secondly, suffrage in a subjective sense(subjective suffrage) - this is the right of a citizen to elect and be elected to state authorities and local government bodies.

Electoral process- this is a form of implementation of the electoral rights of citizens, the procedure for preparing and holding elections regulated by the norms of electoral law.

The bearer of sovereignty and the only source of power in the Russian Federation in accordance with the Constitution of the Russian Federation is its multinational people. The people exercise their power directly, as well as through state authorities and local self-government. The highest direct expression of the power of the people is a referendum and free elections.

The Constitution of the Russian Federation (Article 32) assigns to citizens of the Russian Federation right to vote and be elected to state authorities and local self-government bodies (an exception to this right is established only for citizens recognized by the court as incompetent, as well as those held by a court verdict in places of deprivation of liberty).

The subject of IP is social relations arising in connection with the implementation of subjective suffrage: - active suffrage (the right to vote) and - passive suffrage (the right to be elected).

IP sources:

· Constitution of the Russian Federation. It enshrines the republican form of government (Article 1), the fundamental principles of electoral law, and the recognition of free elections as a direct expression of the power of the people (Article 3). The Constitution enshrines the right of citizens to elect and be elected to bodies of state power and local self-government (Article 32); fundamental issues of holding elections of the President of the Russian Federation (Article 81) and deputies of the State Duma of the Federal Assembly of the Russian Federation (Articles 95-97) are regulated; stipulates the need for municipal elections in the system of local self-government in Russia (Article 130). These provisions of the Constitution have a direct impact on the formation of electoral law, being the basic elements of the election law.

· Generally recognized principles and norms of international law and international treaties of the Russian Federation(directly follows from the text of the Constitution of the Russian Federation, which stipulates that these acts are an integral part of the legal system of the Russian Federation (Article 15). If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply). These include: the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948; International Covenant on Civil and Political Rights 1996; European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 with its protocols; Document of the 1990 Copenhagen Meeting of the CSCE Human Dimension Conference; European Charter of Local Self-Government of November 15, 1985; Declaration on the criteria for free and fair elections, adopted at the 154th session of the Council of the Inter-Parliamentary Union on March 26, 1994, etc.

· Federal Law: Federal Law No. 2-FKZ dated June 28, 2004 “On the referendum of the Russian Federation”; Federal Law of June 12, 2002 N 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”; Federal Law of May 18, 2005 N 51-FZ “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation”; Federal Law of January 10, 2003 N 19-FZ “On the elections of the President of the Russian Federation”;

· Decrees of the President of the Russian Federation“On the Consular Office of the Russian Federation”,

· Decree of the Government of the Russian Federation"On measures to assist election commissions in the exercise of powers during the preparation and conduct of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation and the President of the Russian Federation", "On the procedure for issuing certificates for participation in elections or a referendum to citizens of the Russian Federation who are in places of detention of suspects and accused ",

· Regulatory framework of the constituent entities of the Russian Federation occupies a significant place in the system of sources of electoral law and is represented by a wide range of legislative, often codified (election codes), acts adopted by representative bodies, respectively. level,

· At the municipal level, acts (regulations) are adopted on the election of deputies of representative bodies of local self-government and elected officials(heads of cities and other municipalities), on a local referendum.

· Letters and explanations from the Central Election Commission of the Russian Federation,