Suffrage is one of the leading constitutional institutions of Russia, since it is directly related to such a principle of the constitutional system as democracy, the highest and most regularly implemented form of which is free elections.
Elections are a procedure for forming a state (municipal) body or vesting the powers of an official, which is carried out on the basis of the law with mandatory adherence to the principle of competition.
At the same time, elections ALLOW a citizen to specify his political legal status, thus participating in the management of state affairs. In this regard, a special Federal Law of June 12, 2002 “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” was adopted (with subsequent changes and additions). It should be noted that this is the third attempt (after 1994 and 1997, when laws on guarantees of electoral rights were adopted) to formalize the most adequate system of guarantees of the rights of Russian citizens related to the implementation of direct democracy.
Elections are held throughout Russia (for example, elections of the President of the Russian Federation), at the level of a constituent entity of the Russian Federation (for example, elections of deputies of a legislative (representative) body of a specific constituent entity of the Russian Federation), at the municipal level (for example, elections of deputies of a representative body of a municipal entity). Elections are held in regular (after the expiration of the legislature (term of office) of the elected body) and in extraordinary order; provision is made for repeated elections (when it is impossible to objectively determine the will of voters) and additional elections (when by-elections are carried out to a representative body in a certain constituency if a deputy, for example, has moved to public service) elections.
Electoral law is understood in two senses: objective (the set of norms regulating relations regarding elections) and subjective (the legal status of election participants) senses. Subjective suffrage, in turn, can be active (the right to vote) and passive (the right to be elected).
Objective electoral law combines rules governing relations in the field of elections at the federal, regional and local levels in accordance with constitutional requirements. Moreover, federal legislation establishes the principles of organizing and conducting elections at all levels. Among such acts, for example, are the Federal Laws of June 12, 2002 “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”; dated January 10, 2003 “On the election of the President of the Russian
Federation"; dated November 26, 1996 “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies.”
The stability and legitimacy of elections are ensured through the implementation of a number of principles of electoral law. The constitutional principles include universality (all capable citizens of Russia who have reached the age of 18 have the right to vote, and upon reaching 21 and 35 years of age can be elected, respectively, as a deputy of the State Duma and the President of the Russian Federation); equal (all voters, like all those elected, have the same legal status); direct suffrage (voters vote directly for a candidate) with secret voting (no one has the right to influence the direct expression of the will of a voter, for which certain mechanisms are provided).
Federal election laws also establish additional principles, including voluntary participation in elections (no one can be forced to participate in elections); legality (all relations in the field of elections are regulated in accordance with the normative procedure); openness (widespread coverage of the election campaign and mandatory publication of election results in the media, openness in the activities of election commissions, as well as the use of the State Automated System “Elections” as one of the guarantees for the implementation of the rights of citizens of the Russian Federation on the basis of ensuring openness, reliability, efficiency and completeness of information about elections and referendums ); alternative (competitiveness), for example, if less than two candidates are registered 35 days before voting day, the election of the President of the Russian Federation, by decision of the Central Election Commission of the Russian Federation, is postponed for up to 60 days for additional nomination of candidates and subsequent electoral actions; mandatory elections (if, for example, the Federation Council does not call elections for the President of the Russian Federation within the prescribed period, then they are held by the Central Election Commission).
In our country, two types of electoral systems are used - majoritarian and proportional.
Under the majoritarian electoral system, two types of it were used at various levels of elections: an absolute majority of votes, i.e. the candidate receiving more than half of the votes of voters who took part in the voting (50% + 1 vote), and a relative majority, i.e. a candidate receiving more votes than other candidates received (applies in the second round of elections). For example, half of the State Duma deputies - 225 deputies - were elected in single-mandate constituencies.
The proportional electoral system ensures correspondence between the number of votes received by a list of candidates and the number of mandates they received. This system was used in the elections of only half of the State Duma. At the same time, there was a certain barrier that had to be overcome in order to participate in the distribution of mandates. Currently, elections of State Duma deputies are based only on a proportional system. Thus, the political party has become an intermediary in the exercise of the right of citizens to be elected to the State Duma.
The electoral process is the activity of individuals, bodies, organizations and groups regulated by law and other norms in the preparation and conduct of elections to state and self-government bodies. This activity is ordered, stable, and consists of certain stages arranged in a certain sequence. Compliance with these requirements allows the election results to be recognized as legitimate. _
Different types and levels of elections in Russia have their own procedural specifics, but it seems possible to identify the basic ones: calling elections (for example, elections of the President of the Russian Federation are called by the Federation Council (clause “e” of Article 102 of the Constitution of the Russian Federation); elections of deputies of the State Duma are called President of the Russian Federation (clause “a” of Article 84 of the Constitution of the Russian Federation))і^(ср- ^ь?ршстц^^і/р/іт^//ь^п7Істс^дгтуутг,(д^(establishment of electoral districts - territorial units , uniting citizens to elect deputies to representative bodies at various levels; establishment of polling stations (territorial units that unite voters with a common voting place); creation of election commissions (Central Election Commission; election commissions of constituent entities of the Russian Federation; district election commissions;
municipal election commissions; territorial election commissions; precinct election commissions)); voter registration; nomination and registration of candidates (the circle of persons from whom will be elected, for example, the President of the Russian Federation, deputies of the legislative (representative) body of a constituent entity of the Russian Federation; registration can be carried out, for example, on the basis of signature sheets, by paying an electoral deposit); propaganda campaign; vote; counting of votes and summing up the voting results (recognizing the elections as valid, for example, the participation of more than 50% of registered voters in the election of the head of state, or not); determination of election results; publication of their results.
One of the conditions for holding elections is their financing. A combination of state and non-state financing of elections is used. For this purpose, special election funds are formed taking into account the established legislative rules.
It is prohibited to make donations to election funds to foreign states and foreign legal entities; foreign citizens; stateless persons; citizens of the Russian Federation who have not reached the age of 18 on voting day; Russian legal entities with foreign participation, if the share of foreign participation in their authorized (share) capital exceeds 30%; international organizations and international social movements; state authorities and local governments; state and municipal institutions and organizations; legal entities with a state and (or) municipal share in their authorized (share) capital exceeding 30%; organizations established by state and municipal bodies; military units, military institutions and organizations, law enforcement agencies; charitable organizations, religious associations, as well as organizations established by them; anonymous donors; legal entities registered less than one year before voting day.
The current election legislation provides for liability for violation of citizens' electoral rights.
Persons who, through violence, deception, threats, forgery or in any other way, interfere with the free exercise by citizens of the Russian Federation of the right to vote and be elected, persons who campaign on the day preceding election day and on election day, or who interfere with the work of election commissions, bear administrative and criminal penalties. , other liability in accordance with federal legislation. Persons who falsify voting results bear criminal liability in accordance with federal laws.
Source: M.V. Marchheim, M.B. Smolensky, E.E. Tonkov. Jurisprudence: textbook. - 9th ed., rev. and additional - Rostov n/a: Phoenix. - 413 p. - (Higher education).. 2009(original)
More on topic 3.5. Electoral law and electoral process in Russia:
- 1. The concept of elections, electoral law, electoral system, electoral process
- The concepts of “suffrage” and “electoral system”
- 4. Elections, referendum, suffrage, Italian electoral system
- SELLING LAW AND ELECTIONS Electoral law. US Code - Title 42, Chapter 20 (Extracts) (USA)
- Topic 6. Forms of direct democracy. Elections, referendum, plebiscite. Suffrage and electoral systems in foreign countries
- Topic 10. ELECTORAL SYSTEM CONCEPT OF VOTE RIGHTS AND ELECTORAL SYSTEM
- 42. FRENCH GOVERNMENTAL SYSTEM, ELECTION LAW AND ELECTORAL SYSTEM
- 3. The concept and principles of electoral law. Electoral systems
- 2. Nomination of candidates by electoral associations in single-mandate electoral districts
- Copyright - Agrarian law - Advocacy - Administrative law - Administrative process - Shareholder law - Budget system - Mining law - Civil procedure - Civil law - Civil law of foreign countries - Contract law - European law - Housing law - Laws and codes - Election law - Information law - Enforcement proceedings - History of political doctrines - Commercial law - Competition law - Constitutional law of foreign countries -
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,
Type of lesson: Informational lecture.
1. The concept and principles of electoral law.
2. Concept and types of electoral systems.
3. Stages of the electoral process.
4. Legal status of the Central Election Commission of the Russian Federation.
5. The procedure for forming the Federation Council and holding elections of deputies to the State Duma.
6. The procedure for the formation of government bodies of the constituent entities of the Russian Federation.
Summary of material
1. Representative (legislative and other) bodies of state power and elected bodies of local self-government of the Russian Federation - the Federal Assembly, Councils, Assemblies, Dumas, Committees, etc. are democratic bodies not only by the nature of their activities and organization, but also by the order of their formation, based on the electoral system of the Russian Federation.
Electoral system- is a set of social relations regulated by legal norms that determine:
1) suffrage of citizens;
2) organization and procedure for elections to representative bodies and officials;
3) the relationship between voters and their elected representatives.
Russia's electoral system is based on the fundamental principle of its constitutional system - the principle of sovereignty of a multinational people. The electoral system ensures the genuine expression of the will of the people in elections, since almost the entire adult population receives a guaranteed opportunity to actively influence the course of the electoral process and actually takes advantage of this opportunity. All voters have equal suffrage, participate in elections on equal terms, and have complete freedom of expression. Thus we can state that The electoral system of Russia is a democratic procedure for the formation of elected bodies established by legal norms.
As noted above, the electoral system includes suffrage. The electoral law, like a mirror, reflects the degree of democracy of the state, true democracy, for it determines the conditions for the active participation of citizens in elections, therefore, the actual freedom of expression of their will.
Suffrage- this is a set (system) of legal rules (norms) that establish and regulate the participation of citizens in elections, the procedure for the formation of elected bodies.
The sources of electoral law in Russia are:
Constitution of the Russian Federation (Article 32),
Federal laws:
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” (as amended on September 27, December 24, 2002, June 23, July 4, 2003)
Federal Law of December 20, 2002 N 175-FZ “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation” (as amended on June 23, 2003)
Elections to representative bodies of power of the constituent entities of the Federation are held in accordance with the Constitutions, Charters, and legislation, which are adopted by the state authorities of the relevant subjects on the basis of federal laws.
Term "suffrage" is used not only to designate a set of norms regulating the electoral process, but also as a right in a subjective sense, i.e. the right of a citizen to vote, the right to participate in elections - active suffrage and the right to be elected to the relevant authorities - passive suffrage(Constitution of the Russian Federation, Art. 32).
Active suffrage- this is the right of a citizen to participate with a casting vote in the election of members of elective government bodies, as well as in referendums. The following rights are closely related to active suffrage:
the right to participate in the nomination of representatives to election commissions,
In nominating candidates for elected government bodies,
In the discussion of nominated candidates and in the election campaign,
In organizing the collection of signatures in support of a candidate for deputy, or a federal list.
Active suffrage begins upon reaching 18 years of age.
Passive suffrage- This is the right of a citizen to be elected to elected bodies of state power. The legislation of the Russian Federation establishes that a citizen acquires passive suffrage upon reaching a certain age. Passive suffrage is truly universal and equal; it serves as a legal guarantee to citizens of the right to participate in the management of state affairs, as provided for in the Russian Constitution (Article 32).
The basic principles of the electoral system and electoral law are:
Universal suffrage;
Equal suffrage;
Direct suffrage;
Voluntary participation of citizens in elections and free expression of will;
Possession of voting rights by citizens living outside the Russian Federation;
The territorial principle of organizing elections is by electoral districts;
The principle of voter participation in the organization and conduct of elections;
The principle of incompatibility of the status of a deputy with his official position or activities in state and other bodies;
Majoritarian and proportional representative election system (mixed system).
Universal suffrage- this is the unlimited right of every capable citizen, upon reaching the age established by law, to elect and be elected to representative bodies of state power and other elected bodies. Any direct or indirect restrictions on the voting rights of citizens depending on origin, social and property status, race and nationality, gender, education, language, attitude to religion, time of residence in a given area, type and nature of occupation are prohibited.
No Russian citizen who has reached the age of 18 can be excluded from participating in elections, with the exception of those who are declared incompetent by a court and citizens held in prison by a court verdict.
Foreign citizens and stateless persons cannot take part in elections.
Any violation of a citizen's electoral right can be appealed to a court in accordance with the procedure established by law.
The electoral systems of various countries have used and are currently using restrictions on the right to participate in elections, so-called. electoral qualification, which refers to the conditions for granting a citizen voting rights established by the Constitution or electoral legislation.
The electoral qualification was introduced with the aim of removing citizens (subjects) from participation in elections of government bodies, as well as in the work of these bodies. The most common electoral qualifications are the property qualification (the need to possess an established minimum of property), the educational qualification (the need to have an established minimum of education), the residency qualification (the requirement for a certain period of residence in a given country or in a given area), the citizenship qualification (the need to be a citizen of a given state for a certain time), etc.
In Russia, in the conditions of acute class struggle after the October Revolution of 1917, restrictions on voting rights were established on class grounds. Persons who actively fought against the establishment of Soviet power, representatives of the exploiting classes, the clergy, etc. were not allowed to participate in the elections. These restrictions were abolished by the Constitution of the RSFSR of 1937.
Equal suffrage guarantees each citizen one vote and the participation of all citizens in elections on equal terms. This right is ensured by the fact that, firstly, every citizen of Russia has only one vote, since he is included in only one voting list for a certain elected body; secondly, electoral districts are formed with approximately the same number of voters. Under certain conditions, a deviation in the number of voters in electoral districts of up to 15% is allowed.
Equal suffrage guaranteed also because:
b) to receive a ballot, it is necessary to present a voter identification document;
c) in the voter list, when receiving ballots, the voter puts down the series and number of his passport or an identity card replacing it and signs. A voter who is unable to do this on his own has the right to use the help of another person who is not a member of the election commission, whose name is indicated in the voter list.
Direct suffrage means that elections to representative bodies of government and officials are carried out directly by voters. In direct elections, the closest connection between the candidate and the voters is established. This makes it possible for the population to monitor the work of elected deputies. Each voter has the opportunity to get acquainted with the candidate, starting from the moment of his candidacy, obtain information of interest about him, and become familiar with the candidate’s program. Direct suffrage provides the opportunity for voters to use the institution of voters' orders to their deputies. Orders from voters are instructions from voters to their deputies, approved by pre-election meetings and of public importance, aimed at successfully resolving economic, social and other issues on their territory, and improving the activities of government bodies.
This type of suffrage is opposed to indirect suffrage. State legal theory and electoral practice know two types of indirect suffrage - indirect and multi-degree. In indirect elections, voters choose electors, and the electors elect representatives or officials (for example, the President of the United States is elected through indirect elections). Multi-level suffrage is characterized by the election of representatives to higher representative bodies by lower ones. Thus, in the history of the Soviet state there were multi-level elections, during which delegates to congresses of Soviets were elected by lower-level Soviets and their congresses. Local councils were formed through direct suffrage. This method of forming higher authorities was supposed to facilitate the process of their creation, make the entire state apparatus cheaper and more flexible. The replacement of multi-degree elections with direct ones was carried out by the Constitution of the RSFSR of 1937.
Secret ballot- one of the indicators of the true democracy of the electoral system, the electoral law of Russia. Secret voting does not allow control over the will of voters, which provides the opportunity for each voter to express his attitude towards the nominated candidate by making appropriate marks on the ballot, without the knowledge of other persons. The secrecy of voting is ensured by the fact that ballots are filled out in a special booth or room for secret voting. The presence of anyone, including members of the election commission, is prohibited in these premises while filling out ballot papers. The ballot is placed in the ballot box by the voter in person. A voter who is unable to fill out ballots on his own has the right to invite any person other than a member of the election commission or an observer to the secret voting premises.
In Russia, until 1936, collective, open voting was used, which corresponded to established customs. Open voting ensured that workers elected representatives to the Soviets who could express their collective will and at the same time limited the ability of other social forces to influence the outcome of the elections.
Territorial principle organization of elections means that they are held by electoral districts. An electoral district is an electoral territorial unit formed in accordance with the norms of representation for the election of deputies to the relevant elected body. The population of each electoral district is represented by one deputy (in single-mandate districts) or two deputies (in two-mandate districts, one district - two deputies).
Until 1936, Russia used the production-territorial principle of elections: in cities, representative bodies were elected according to the production principle, i.e. by enterprises, institutions (at general meetings), and the so-called unorganized population - housewives, pensioners, etc. - united for elections on a territorial basis; village councils were elected on a territorial basis - for individual villages or groups of villages; large villages were divided into voting districts. The introduction of direct elections to all representative bodies from top to bottom made it necessary to establish the territorial principle as universal.
Principle of voter participation in organizing and conducting elections. An important feature of democratic elections in Russia is the widespread involvement of citizens in their preparation and conduct. Voters not only vote, but also organize elections. This is done primarily through election commissions. The organization of elections is entrusted to election commissions, which, in resolving all issues related to their organization and conduct within the limits of their competence established by election legislation, are independent from state bodies, work collegially, openly and publicly.
To organize and conduct elections to the Federal Assembly, the following election commissions are formed:
Central Election Commission of the Russian Federation;
Election commissions of the constituent entities of the Russian Federation;
District election commissions;
Territorial (district, city, etc.) election commissions;
Election commissions of municipalities;
Precinct election commissions;
The Central Election Commission is formed of 15 members. Valid on a permanent basis (4 years). The chairman, deputy and secretary of the central election commission are elected by secret ballot by members of the commission.
Central Election Commission:
Manages the work of election commissions;
Considers applications and complaints about decisions and actions of district commissions and makes decisions on them;
Issues instructions and other acts on the organization of elections;
Registers lists of candidates for the State Duma nominated by electoral associations in the federal electoral district;
Monitors the legality of elections, etc.
District election commissions are formed in each district for elections to the State Duma. District commissions are formed by a Chairman and 12-18 members from among the candidates proposed by the representative and executive bodies of the relevant constituent entities of the Russian Federation. The composition of the district commission is appointed by the Central Election Commission.
District election commissions:
Monitor the implementation of election legislation;
Manage the work of precinct election commissions, consider applications and complaints about the decisions and actions of these commissions and make decisions on them;
Register candidates for deputies and their proxies and issue them with certificates;
Establish the election results for the district and transfer them to the Central Election Commission;
Precinct election commissions are formed in each polling station. These commissions are formed no later than 40 days before the elections, consisting of a commission chairman and 5-15 members, based on proposals from public associations, local governments and meetings of voters. An important sign of openness and publicity of elections is the right of electoral associations and candidates for deputies to send up to 5 observers to the relevant precinct commission on voting days, who have the right to be present there until the end of the vote count.
Precinct election commission:
Introduces voters to the voter list, considers applications for making appropriate changes to it;
Notifies the population about election day and voting location;
Considers applications and complaints regarding the preparation and conduct of elections, makes decisions on them, and exercises other powers in accordance with the Election Laws.
According to the Laws on elections to representative bodies of state power of a territory, region, city of federal significance, autonomous region, autonomous district, for the organization and conduct of elections, representative bodies of state power of the above-mentioned subjects of the Russian Federation are formed:
a) the election commission of a territory, region, federal city, autonomous region, autonomous district;
b) district election commissions;
c) precinct election commissions. The procedure for the formation and powers of election commissions of a territory, region, federal city, autonomous region, autonomous districts, district and precinct election commissions are determined by the laws on elections of representative bodies of the constituent entities of the Federation.
Election commissions carry out their activities on the basis of openness and publicity: representatives of public associations, the press, television, and radio can attend their meetings.
Election laws also provide for other forms of citizen participation in organizing elections. Among them: participation in the nomination of candidates for deputies of representative bodies; in election campaigning; in resolving complaints and disputes, etc.
The principle of incompatibility of the status of a deputy with his official position or activities in government and other bodies is important.
Article 97 of the Constitution of the Russian Federation established the impossibility of a State Duma deputy to be in the public service or to engage in other paid activities, except for teaching, scientific and other creative activities. This principle is also enshrined in the laws on elections to representative bodies of the constituent entities of the Federation. Thus, the Law on the Election of Deputies of the Tambov Regional Duma of January 16, 1995 (Article 4) states that the head of the regional administration, administration officials, judges, prosecutors, etc. cannot be deputies of the regional Duma.
This principle of electoral law follows from the fundamental principle of the organization and activities of government bodies in Russia - the principle of division into legislative, executive and judicial powers.
Majoritarian and proportional representative election system. The Law on Elections to the State Duma of the Federal Assembly established two election systems:
1. Majoritarian system (from French - majority);
2. A system of proportional representation for a federal electoral district.
Elections of 225 deputies to the State Duma and to representative bodies of state power of a territory, region, federal city, autonomous region and autonomous district are carried out, as a rule, on the basis of a majoritarian system in single-mandate (one district - one representative) electoral districts formed on the basis of a single norm of representation.
Under a majoritarian system, the candidate who receives the statutory majority of votes is considered elected in a given electoral district. Three types of this system are used.
Majoritarian system of absolute majority, when the one who receives an absolute (simple) majority of votes is considered elected, i.e. more than half of the votes - 50% plus one vote of the total number of votes cast in a given electoral district and recognized as valid votes.
In a majority system, the winner must receive more votes than each of his competitors individually.
Under the qualified majority system used in some countries, the winner must receive a predetermined majority of more than half the votes - 2/3 or 3/4 of the total votes.
The proportional representation system is a system based on the principle of proportionality between the votes cast for a party (union, bloc) and the mandates they received. With such an election system, the voter votes for the entire list of a particular party (association, bloc).
When determining the number of mandates of a particular party (union, bloc), the so-called electoral meter (quota) is used, i.e. the smallest number of votes required to elect deputies.
The Law on the Election of Deputies to the State Duma establishes that electoral associations whose federal lists of candidates received less than 7% of the votes are excluded from the distribution of deputy mandates.
Each electoral association whose list of candidates received more than 7% of valid votes receives a number of deputy mandates proportional to the number of valid votes cast for its list of candidates.
Thus, the current electoral system of Russia provides for the use of a majoritarian and proportional election system.
When holding elections to representative bodies of state power, the issue of the procedure for nominating candidates for deputies is important. The composition of the elected bodies largely depends on who has the right to nominate candidates for deputies, and how this right is exercised in practice.
The Election Law provides for a procedure for nominating candidates for deputies that is characterized by genuine democracy and actually provides citizens with the opportunity to actively participate in this important stage of elections.
A federal list of candidates for deputies of the State Duma is nominated by the electoral association. The number of candidates on the federal list may be 20% greater than the number of Duma deputies elected on the federal list (225 deputies). The list indicates the last name, first name, patronymic, date of birth, occupation and permanent place of residence of each candidate for deputy.
To register a list of candidates, it is required that signatures in its support be collected - 2 percent of the number of voters. Signature sheets are prepared according to a certain form and contain information about the first three candidates included in the federal electoral list. They are, as a rule, the leaders of political parties and public associations included in the electoral bloc.
Before the collection of signatures begins, the specified list of candidates must be submitted to the Central Election Commission.
Candidates for deputies of the State Duma in single-mandate electoral districts may be nominated by electoral associations that nominated a federal electoral list, or by initiative groups; a citizen in his own right. To nominate a candidate for deputy from an initiative group or a citizen independently, it is required that signatures in his support be collected at least two percent of the total number of voters in the district. The initiators of the nomination of a candidate or the candidate himself submit signature sheets and an application for nomination for a given electoral district for registration with the district election commission. The district election commission, having registered a candidate, publishes information about him and reports to the central and local media.
To nominate candidates in an electoral district for elections to a representative body of state power of a territory, region, federal city, autonomous region, autonomous district, it is required that signatures of voters of this district in the amount of 3-5 percent of the total number of voters in the district be collected in support of it. Candidates for deputies can be nominated by the initiators of the nomination of the candidate or the candidate himself. A candidate for deputy may be a representative of a regional electoral association registered with the election commission of a territory, region, federal city, or autonomous entity. In this case, a submission is submitted to the district election commission, which is the basis for registration of the candidate for deputy.
The above procedure for nominating candidates for deputies indicates a departure of our electoral system from corporate representation in government bodies, a transition to truly democratic, popular representation.
The peculiarities of the electoral systems of the republics within Russia are enshrined in the Constitutions and other normative acts of the republics, taking into account local conditions, customs and traditions. However, the principles of the electoral system and electoral law outlined above remain general.
All political and organizational work carried out in connection with elections to representative bodies ends with voting on candidates nominated for membership in these bodies and determining the election results.
The stages and timing of the election campaign provided for by the Election Law ensure the timely implementation of all organizational activities related to the preparation for the elections, as well as the opportunity for voters to prepare for the elections.
Voters have enough time to familiarize themselves with the activities of representative bodies of power, form their opinion about the political, business and personal qualities of candidates for deputies, about the political programs of electoral associations, and decide how to vote on election day.
Election laws pay considerable attention to the issue of timely familiarization of voters with candidates for deputies, as well as the issue of pre-election campaigning. Thus, the federal lists of candidates registered with the Central Election Commission are communicated to the Central Mass Media within two days after registration. After registering a candidate for deputy in a single-mandate electoral district, the district election commission publishes data about him within 5 days.
Election campaign- an important stage of the election campaign. Citizens and public associations have the right to freely campaign for or against candidates for parliament. State bodies and local self-government bodies do not have such a right, however, these bodies are obliged to assist candidates for deputies and electoral associations in organizing and holding pre-election meetings, meetings of candidates for deputies and their proxies with voters. At the same time, election commissions are obliged to provide equal opportunities to all candidates and federal lists of candidates to conduct election meetings.
Election campaigning is conducted through the media. The media are obliged to provide equal opportunities for election speeches of all parliamentary candidates and representatives of electoral associations. This right is guaranteed by the fact that the Central Election Commission establishes the procedure and airtime for all candidates and monitors its compliance.
Political parties and public associations participating in parliamentary elections have the right to freely issue posters, leaflets and other propaganda materials. Distribution of anonymous campaign materials is prohibited.
Election programs and election campaign materials cannot contain calls for a violent change in the constitutional system and violation of the integrity of the Russian Federation, or incite social, racial, national and religious hatred. When distributing such programs and materials, district election commissions take measures to suppress this activity and have the right to contact the relevant internal affairs bodies with a request to take the necessary measures to suppress illegal campaign activities.
The campaign campaign is carried out from the day of registration of candidates or federal lists and ends one day before the elections. On election day, any public campaigning is prohibited.
Election regulations regulate in detail the procedure for voting and determining the results of elections. This is very important, since any uncertainty in this process may lead to actions and decisions of participants in the electoral process that go beyond the concept of democratic and free elections.
Voting premises placed at the disposal of precinct election commissions must have a hall in which booths for secret voting, or rooms suitable for this, are equipped. Polling booths or rooms, ballot boxes, and approaches to them must be in the field of view of the precinct election commission and observers.
Voting takes place on election day from 8 a.m. to 10 p.m. local time. Voting may be stopped before 10 p.m. if all registered voters in the polling station have voted.
Voters leaving their places of permanent residence can vote early - at the district election commission 4-15 days before the elections or at the precinct election commission no earlier than 3 days before the elections, subject to the requirements of voting secrecy.
At 8 a.m. on election day, the chairman of each precinct election commission announces the start of voting and presents empty ballot boxes to members of the commission and present voters and observers (representatives of parties, electoral associations, press, radio, television), which are then sealed. Then the chairman of the commission opens the envelopes with completed ballots left by the retired voters who voted and places the ballots removed from them into ballot boxes, after which he invites voters to receive ballots.
Upon receipt of ballot papers, the voter enters the series and number of his passport or an identity card replacing it in the voter list and signs. A voter who is unable to do this on his own has the right to use the help of another person who is not a member of the election commission, whose name is indicated in the list.
The ballot papers are filled out in a special booth or room where the presence of anyone other than the voter is not allowed. A voter who is unable to fill out ballots on his own has the right to invite any person other than a member of the election commission or an observer to the booth (room) for secret voting.
If a voter is unable to arrive at the polling station to vote for health reasons or other valid reasons, upon their written or oral application, the precinct election commission will organize voting at the voter’s location in the presence of observers and using a special portable ballot box.
The precinct election commission is responsible for organizing voting and ensuring order in the voting premises. The chairman and members of the commission ensure that voting booths or rooms are properly equipped so that ballots are delivered on time. It is important to clearly define the responsibilities of each member of the election commission.
Thus, the voting procedure established by the Election Laws provides voters with real freedom to express their will in elections.
The procedure for counting votes and determining election results, as established by election legislation, is important. The established procedure for determining election results guarantees an objective reflection in these results of the will of voters expressed through secret ballot. To ensure a truly objective counting of votes and establishment of election results, it is important that these actions are carried out by election commissions, whose members consist of representatives of the public and in the presence of observers from electoral associations and parliamentary candidates.
Election laws stipulate that after the voting time has expired, the chairman of the precinct election commission declares voting over. Before the counting of votes begins, the chairman of the commission, in the presence of the entire composition of the commission, cancels unused ballots, which is documented in the protocol, checks the integrity of the seals on the ballot boxes and opens them. At the end of the vote count, the precinct election commission draws up 2 protocols on the voting results, which are signed by the entire composition of the commission. One copy of the protocol is sent to the relevant district election commission, and the other copy is kept along with the sealed ballot papers by the secretary of the commission until the end of its work.
Determination of election results during elections of deputies of the State Duma:
a) In a federal electoral district.
The Central Election Commission, upon receipt of the protocols of the precinct election commissions, counts the votes cast for each electoral list in the federal electoral district by summing up the data contained in the protocols of the precinct commissions.
b) In a single-mandate electoral district.
The district election commission, upon receipt of the protocols of the precinct election commissions of a given electoral district, within 3 days after the elections, counts the votes cast in the electoral district by summing up the data contained in these protocols.
In its protocol, the district election commission indicates the candidate who received the largest number of valid votes and recognizes him as elected. In the event of an equal number of votes received, the candidate registered earlier is considered elected.
Elections in a given electoral district may be declared invalid if less than 25% of registered voters took part in them.
Elections in electoral districts may be declared invalid if during their conduct there were violations of the requirements of the Election Law. The right to invalidate elections is granted to the Central Election Commission. In this case, new elections are called in the districts.
During elections to representative bodies of state power of a territory, region, federal city, autonomous region, autonomous district, district election commissions, based on the protocols of precinct election commissions, determine the election results by summing up the data contained in these protocols. Those candidates who received the largest number of valid votes are recognized as elected deputies. In the event of an equal number of votes received, the candidate in whose support the signatures of a greater number of voters were collected during nomination is considered elected. Elections are considered valid if the number of registered voters determined by the Election Law took part in them.
Upon establishment of the general election results, the Central Election Commission for the election of deputies of the Federal Assembly, election commissions of a territory, region, federal city, autonomous region, autonomous district within 10 days after receiving the protocols of district election commissions, but no later than a month after the elections, determines and publishes the overall election results.
The relevant district election commissions, after publishing the general election results, register the elected deputies and issue them certificates of election, subject (if necessary) to resigning from duties incompatible with the status of a deputy.
Elections to local government bodies - meetings of representatives (dumas, municipal committees, etc.) of cities, rural settlements and other populated areas are carried out by citizens on the basis of universal, equal, direct suffrage by secret ballot; majoritarian system in single-member districts; and a uniform norm of representation for a given local government body. Subjects of the Russian Federation may, by their legislation, also establish a proportional or mixed (proportional-majoritarian) election system.
A citizen of Russia who permanently resides in the relevant territory, has reached the age of 18 and has the right to vote can be elected to local government bodies.
Electoral associations and groups of voters have the right to nominate candidates for representatives to local government bodies.
The candidate who received the largest number of votes of voters who took part in the voting, or more than half of the votes, is recognized as elected to the representative body. Subjects of the Federation decide independently which system for determining election results to use. They also determine how many voters must take part in the voting for the elections to be recognized as valid.
The Law on the Election of Deputies to the State Duma contains guarantees for the activities of a candidate for deputy and guarantees for the democratic nature of the elections.
Guarantees for the activities of a candidate for deputy include:
1) the right to unpaid leave, at the request of the candidate, from the moment of registration until the publication of the election results. During this period, he is paid a monthly average salary or other regular income from budget funds intended for holding elections;
2) the right to use any type of public transport in the district where the candidate is running, with the exception of taxis, the right to three trips by all types of transport to the electoral district and back, if the candidate permanently resides outside the electoral district;
3) a candidate for deputy cannot be brought to criminal liability or subject to administrative penalties imposed in court without the consent of the Prosecutor General of the Russian Federation. Preventive measures and other criminal procedural measures can be applied to a candidate only by order of the Supreme Court of the Russian Federation;
4) a candidate for deputy may have up to 10 proxies who conduct campaigning and other activities promoting the election of the candidate;
5) a candidate for deputy cannot be called up for military service until the day the election results are published, etc.
Guarantees ensuring democratic, free elections include:
1. The duty of state and public bodies to provide assistance to the candidate for deputy in organizing meetings with voters and obtaining the necessary materials;
2. Granting equal rights to political parties, electoral associations and candidates participating in elections to speak at election rallies and meetings, meetings, in the press, on television and radio, and to issue printed campaign materials;
3. The right of a citizen to challenge the voter list in the election commission and demand that the error be corrected; the right to appeal to the court the actions and decisions of the election commission;
4. The right to appeal to a court the refusal of the election commission to register a federal list of candidates or individual candidates for deputies;
5. The right of the relevant state authorities of the territories to challenge the boundaries of electoral districts, etc.
The Election Law establishes liability for falsification of signature lists and for violation of Russian Federation legislation on elections.
Similar election guarantees contain basic provisions on elections to representative bodies of state power of a territory, region, federal city, autonomous region, autonomous district.
The position of the President in the USSR was established in 1990, in Russia - in 1991. The President is not part of any of the traditional branches of government and occupies a special position as head of state. The term of office of the President is 4 years. The procedure for electing and assuming office of the President of the Russian Federation is established by the Constitution of the Russian Federation and the Federal Law of January 10, 2003 “On the Election of the President of the Russian Federation.”
Requirements for a candidate for the position of President. A citizen of the Russian Federation who is at least 35 years old and has permanently resided in the Russian Federation for at least 10 years can be elected President of the Russian Federation.
A citizen of the Russian Federation who has been declared incompetent by a court or is being held in prison by a court sentence does not have the right to elect the President of the Russian Federation and to be elected President of the Russian Federation. A citizen of the Russian Federation who, on the day of the official publication of the decision to call elections for the President of the Russian Federation, holds the position of President of the Russian Federation for the second consecutive term does not have the right to be elected President of the Russian Federation.
A citizen of the Russian Federation in respect of whom a court verdict has entered into force depriving him of the right to hold public office for a certain period, if such punishment is provided for by federal law, cannot be registered as a candidate for the position of President of the Russian Federation if voting in the election of the President of the Russian Federation takes place before expiration of the period established by the court.
The procedure for nominating a candidate for the position of President. Candidates for the position of President of the Russian Federation may be nominated by political parties that have the right, in accordance with Federal Law No. 95-FZ of July 11, 2001 “On Political Parties,” to take part in elections, including nominating candidates, electoral blocs, and also in the manner self-nomination. A citizen of the Russian Federation can nominate his candidacy provided that his self-nomination is supported by a group of voters. A citizen of the Russian Federation who held the office of the President of the Russian Federation and prematurely terminated the exercise of the powers of the President of the Russian Federation in the event of resignation, persistent inability for health reasons to exercise his powers or removal from office cannot be nominated as a candidate in elections scheduled in connection with his early termination of the exercise of his powers. . Political parties participate in the elections of the President of the Russian Federation, including nominating candidates, in accordance with this Federal Law and the Federal Law “On Political Parties”. An electoral bloc is a voluntary union of two or three political parties included in the list created for joint participation in the elections of the President of the Russian Federation. An electoral bloc is also a voluntary union of one or two political parties included in the list with, respectively, no more than two or one all-Russian public association, which was created in the form of a public organization or social movement and whose charter provides for participation in elections. Moreover, these public associations must be registered no later than one year before voting day, and in the case of early elections of the President of the Russian Federation, no later than six months before voting day. The following public associations cannot be included in electoral blocs: trade unions, religious, charitable organizations, national-cultural autonomy; an association whose charter provides for membership in it or citizens belonging to it only on professional, national, ethnic, racial and (or) confessional basis(s); an association whose non-political nature is specifically stipulated in federal law; international public association.
Every citizen of the Russian Federation who has passive voting rights, after the official publication (publication) of the decision to call elections for the President of the Russian Federation, has the right to nominate his candidacy for the position of President of the Russian Federation.
To support the self-nomination of a candidate, it is necessary to create a group of voters of at least 500 citizens of the Russian Federation who have active voting rights. The Central Election Commission of the Russian Federation or the election commission of the constituent entity of the Russian Federation on whose territory the said meeting is planned to be notified must be notified about the place and time of a meeting of a group of voters. A candidate who has nominated his candidacy, no later than 20 days from the date of official publication (publication) of the decision to call elections for the President of the Russian Federation, applies to the Central Election Commission of the Russian Federation with a written request to register a group of voters. A candidate nominated by way of self-nomination is obliged to collect in his support, and a political party, electoral bloc - in support of the nomination of a candidate, respectively, by a political party, electoral bloc, at least two million voter signatures. At the same time, one subject of the Russian Federation should have no more than 50 thousand signatures of voters whose place of residence is located on the territory of this subject of the Russian Federation. If the collection of voter signatures is carried out among voters permanently residing outside the territory of the Russian Federation, the total number of these signatures cannot be more than 50 thousand. If a decision is made to refuse to register a candidate, the Central Election Commission of the Russian Federation is obliged, within 24 hours from the moment of its adoption, to give the candidate a copy of the decision of the Central Election Commission of the Russian Federation outlining the grounds for the refusal. The grounds for refusal are:
1) the candidate lacks passive suffrage;
2) the absence of documents required for registration of the candidate in accordance with this Federal Law among the documents submitted for registration;
3) an insufficient number of submitted valid voter signatures collected in support of the nomination of a candidate, or the identification of 25 percent or more of unreliable and invalid signatures from the total number of voter signatures selected for verification (if collection of voter signatures is necessary);
4) unreliability of information provided by the candidate;
5) failure by the candidate to create an election fund;
6) establishment by a court decision that has entered into legal force of the fact of violation by the candidate, his proxies, political party, electoral bloc that nominated candidates, and their authorized representatives during the campaign period of paragraph 1 of Article 56 of this Federal Law;
7) departure from the electoral bloc at the time of registration of the candidate of all political parties;
8) gross or repeated violation of the ban on collecting signatures in places where, in accordance with federal law, this activity is prohibited, if the signatures submitted for registration of a candidate were collected in violation of this ban. A gross violation is considered to be the collection of at least 20 percent of the signatures of the total number of signatures of voters submitted for registration of a candidate in places where the collection of signatures is prohibited;
9) the use by a candidate in financing his election campaign, in addition to his own election fund, of other funds amounting to more than 5 percent of the maximum amount of all expenses from the election fund established by this Federal Law;
10) the candidate, when financing his election campaign, exceeds by more than 5 percent the maximum amount of all expenses from the election fund established by this Federal Law;
11) use by the candidate and his proxies of the benefits of his official or official position.
Procedure for holding elections. Presidential elections can only be held on an alternative basis. They are postponed if only one candidate is nominated - there must be at least two. The President of the Russian Federation is elected by citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot. Participation of a citizen of the Russian Federation in the elections of the President of the Russian Federation is free and voluntary. No one has the right to influence a citizen of the Russian Federation in order to force him to participate or not to participate in the elections of the President of the Russian Federation, or to interfere with his free expression of will. Elections for the President of the Russian Federation are held in a single federal electoral district, which includes the entire territory of the Russian Federation. Voters living outside the territory of the Russian Federation are considered assigned to the federal electoral district.
Conducting elections of the President of the Russian Federation within the time limits established by the Constitution of the Russian Federation and Federal Law is mandatory.
In accordance with the Constitution of the Russian Federation, elections of the President of the Russian Federation are appointed by the Federation Council of the Federal Assembly of the Russian Federation. The decision to call elections must be made no earlier than 100 days and no later than 90 days before voting day. The voting day for the election of the President of the Russian Federation is the second Sunday of the month in which voting was held in the previous general elections of the President of the Russian Federation and in which the President of the Russian Federation was elected four years ago. The decision to call elections is subject to official publication in the media no later than five days from the date of its adoption.
If the Federation Council of the Federal Assembly of the Russian Federation does not call elections for the President of the Russian Federation, the elections are called and conducted by the Central Election Commission of the Russian Federation.
If the President of the Russian Federation 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 of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation, no later than 14 days from the date of such termination of powers, calls early elections of the President of the Russian Federation. Voting day in this case is the last Sunday before the day on which three months expire from the date of early termination of the execution of his powers by the President of the Russian Federation.
Preparation and conduct of elections of the President of the Russian Federation, ensuring the implementation and protection of citizens' electoral rights and monitoring the observance of these rights are entrusted to election commissions within the limits of their competence established by federal laws.
When preparing and conducting elections of the President of the Russian Federation, election commissions, within their competence, are independent of state authorities and local government bodies. Interference in the activities of election commissions by legislative (representative) and executive bodies of state power, local government bodies, other bodies and organizations, officials, and other citizens is not permitted. Decisions and acts of election commissions adopted by them within their competence are binding on federal executive authorities, executive authorities of constituent entities of the Russian Federation, state institutions, local governments, candidates, political parties, other public associations, electoral blocs, organizations, officials, voters.
Citizens of the Russian Federation, political parties, other public associations, and electoral blocs have the right to conduct election campaigning in any forms permitted by law and by legal methods.
Election campaigning is an activity carried out during the election campaign for the election of the President of the Russian Federation and aimed at inducing or encouraging voters to vote for a candidate, or against a candidate, or against all candidates. Registered candidates are guaranteed equal conditions of access to the media for election campaigning.
Expenses for the preparation and conduct of the elections of the President of the Russian Federation are made from the federal budget. Candidates are required to create their own election funds to finance their election campaign.
Preparation and conduct of elections of the President of the Russian Federation are carried out openly and publicly. Regulatory acts of election commissions, state authorities and local governments directly related to the preparation and conduct of elections of the President of the Russian Federation are published in state and municipal periodicals. Other decisions of these bodies directly related to the preparation and conduct of elections are published or made available to the public in another way.
Foreign citizens, stateless persons, foreign legal entities, international organizations and international social movements do not have the right to carry out activities that promote or hinder the nomination, registration, or election of candidates.
Preparation and conduct of elections of the President of the Russian Federation are carried out by:
Central Election Commission of the Russian Federation;
election commissions of the constituent entities of the Russian Federation;
territorial (district, city and other) election commissions;
precinct election commissions.
The powers and procedure for the activities of election commissions for the election of the President of the Russian Federation (hereinafter referred to as election commissions) are established by the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, this Federal Law, and other federal laws. The decisions of a higher election commission, adopted by it within its competence, are binding on lower election commissions. Election commissions are obliged, within the limits of their competence, to consider appeals received during the election campaign about violations of election legislation, conduct checks on these appeals and give written answers to the persons who sent the appeals within five days.
If a candidate, political party, or electoral bloc violates election legislation, the relevant election commission has the right to issue a warning, which is brought to the attention of voters through the media or in another way.
Procedure for taking office. The newly elected President of the Russian Federation takes office upon the expiration of four years from the date of assumption of office of the President of the Russian Federation, elected in the previous elections of the President of the Russian Federation, and in the event of early elections, as well as if by the day of expiration of four years from the date of assumption of office of the President of the Russian Federation , elected in the previous elections, repeat elections of the President of the Russian Federation are scheduled - on the thirtieth day from the date of official publication by the Central Election Commission of the Russian Federation of the general results of the elections of the President of the Russian Federation.
Upon taking office, the President takes an oath of office to the people. The oath is taken in a solemn atmosphere in the presence of members of the Federation Council, deputies of the State Duma and judges of the Constitutional Court. This procedure is called inauguration.
The President ceases to exercise his powers upon the expiration of his term in office from the moment the newly elected President takes the oath of office.
The Parliament of the Russian Federation - the Federal Assembly - is a permanent representative (legislative) body of state power (Article 94 of the Constitution of the Russian Federation). A federal state is characterized by a bicameral highest representative body. The Federal Assembly of the Russian Federation consists of two chambers: the State Duma and the Federation Council. The procedure for the formation of the Russian Parliament - the Federal Assembly - in addition to the principle of separation of powers, is based on the principles of federalism and multi-party system.
Due to the federal state-territorial structure of Russia, the representative role of parliament is to represent the interests of the subjects of the Federation. The principle of federalism is designed to ensure the interests of the multinational people of the Russian Federation, who are the bearer of sovereignty and the only source of power. In practice, this principle is implemented in the bicameral structure of the Federal Assembly. One of the chambers - the State Duma - represents the entire people of the country as a whole. The other chamber - the Federation Council - consists of representatives of each constituent entity of the Russian Federation. The principle of a multi-party system, in contrast to the principle of federalism, which in one way or another has always been taken into account when building government bodies in the Russian Federation, is a qualitatively new fact in the formation of a Russian representative body. The multi-party system is one of the institutions of modern society, without which representative democracy is impossible. Parliament, as the main element of representative democracy, cannot be considered democratically elected without party competition in the political struggle for deputy mandates.
The procedure for forming the Federation Council is established by Art. 95 of the Constitution and Federal Law of August 5, 2000 N 113-FZ “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” (as amended on December 16, 2004). The Federation Council is formed from representatives from each constituent entity of the Russian Federation: one each from the representative and executive bodies of state power of the constituent entities of the Russian Federation, i.e. 178 members.
Federal Assembly of the Russian Federation".
A citizen of the Russian Federation who is at least 30 years old and who, in accordance with the Constitution, has the right to elect and be elected to government bodies, may be elected (appointed) as a member of the Federation Council.
The procedure for electing deputies of the State Duma is established
In accordance with the Constitution, the State Duma consists of 450 deputies and is elected for a term of 4 years.
According to the newly adopted Federal Law No. 51-FZ of May 18, 2005 “On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation,” deputies of the State Duma are elected in the federal electoral district in proportion to the number of votes cast for the federal lists of candidates for deputies of the State Duma.
Elections of deputies to the State Duma of the new convocation are appointed by the President of the Russian Federation.
A citizen of the Russian Federation who has reached the age of 21 on voting day can be elected as a deputy of the State Duma.
The same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A deputy of the State Duma cannot be a deputy of other representative bodies of state power and local government bodies. Deputies of the State Duma work on a professional permanent basis. Deputies of the State Duma cannot be in public service or engage in other paid activities, except for teaching, scientific and other creative activities.
The Federation Council and the State Duma meet separately. The chambers may meet jointly to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation, and speeches by leaders of foreign states.
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Essay
Electoral law and electoral process in the Russian FederationAtions
Introduction
election campaigning candidate elections
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.
1. The concept of the electoral process and its stages
1 . 1 Conceptelectoral 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.”
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 constitutes suffrage.
A feature of electoral law is the high proportion of procedural norms (closely related to substantive legal norms) establishing the order, procedure and implementation of citizens' electoral rights. These norms regulate all stages electoral 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.
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. The organization and conduct of elections is carried out within the framework of the election campaign as 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 “electoral 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.
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 within the time limits established by the constitution and laws.
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.
1.2 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. The stages of the electoral process 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.
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 an 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 - the 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.
2. Stages of the electoral process
2. 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 state power. 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 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 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).
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).
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 the 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).
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, town 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 ). 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 . 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 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 places of imprisonment 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 to include in the voter lists for local elections foreign citizens who permanently or predominantly reside in 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 on the basis of information submitted in the prescribed form by authorized bodies or a local government official, the commander of a military unit.
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. In this case, 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 on voting day - immediately.
It is prohibited to make any changes to the voter lists after the end of voting and the start of counting votes.
2. 3 Formation of constituencies 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 locality, the diagram must indicate the boundaries of this part of the territory of the administrative territorial unit or municipal entity, or locality) 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 on 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 the number of voters with a permissible deviation from the average norm of voter representation of no more than by 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 electoral law - 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 were elected to the representative bodies of 320 municipalities such as village councils and town councils (an average of 7 deputies). 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-member 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 (in 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.
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.
2. 4 Formformation 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, the timing of whose formation is not tied to the timing of any election campaigns (clause 11, article 21, clause 1 Article 22, paragraph 10, Article 23 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums 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 - the parity basis - was violated. 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 a Referendum 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 subject 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.
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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 industry 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 holding a certain position (if he intends to continue to hold it), having 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.
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