Where the yaks are found. What an animal a yak. Reproduction and mating season of bulls

NON-STATE EDUCATIONAL INSTITUTION OF HIGHER PROFESSIONAL EDUCATION ACADEMY OF LAW AND GOVERNANCE (INSTITUTE)

Department of State and Legal Disciplines

GRADUATE WORK

Topic: ELECTION PROCESS IN RUSSIA

Introduction

Chapter 1. General characteristics of the electoral process in Russia

1.1 Concept and features

1.2 Structure

Chapter 2. Legal responsibility for violation of electoral rights

2.2 Types of legal liability for violation of voting rights

Conclusion

Bibliography

Introduction

The Constitution of the Russian Federation (Articles 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 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 citizens' control over the activities of state and municipal bodies, the main criterion for granting the state the status of a republican and, accordingly, a sovereign people. It is through elections that local self-government bodies and bodies of state power 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 the electoral legislation, which is a set of legislative acts.

In the modern period, in the conditions of growing public distrust of all institutions of power, the task of studying this issue itself is becoming increasingly important. Many people who are ignorant of this topic have an unwillingness to participate in the government, that is, in the government of oneself, which is detrimental not only for him, but also for all members of society. My task in this work: to consider 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 my work will help strengthen citizens' confidence in the electoral system, the electoral process, and in the state power in general.

Chapter 1 General characteristics of the electoral process in Russia

1.1 Concept and features

"The electoral rights of citizens are 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 the results of voting."

The totality of legal norms governing the right of citizens to elect and be elected to bodies of state power and bodies of local self-government and the procedure for exercising this right constitutes the electoral right.

A feature of electoral law is a high proportion of procedural norms (closely related to substantive legal norms) that establish the order, procedure and implementation of citizens' electoral rights. These norms govern all stages of the electoral process.

Attempts to create legislative acts regulating only the electoral process lead to a break in the systematic nature of the legal regulation of elections.

The electoral law and the electoral process are closely interrelated and together form the political and legal mechanism for the formation of the basic institutions of representative and electoral democracy. The electoral law substantively regulates certain aspects of public and state activities related to the acquisition and transfer of power to elected representatives, and the electoral process as a form of exercising subjective political rights reflects the technology of voters' participation in the exercise of power.

An essential component in the electoral process is voters' confidence 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, law enforcement vocabulary along with the concept of "organizing and holding elections" a new concept "electoral process", understood as a technological infrastructure and a form of implementing the constitutional principles of organizing periodic free elections and ensuring the electoral rights of a the sequence of performing a complex of electoral actions and electoral procedures provided for by law. The concept of "electoral process" is broader in content and scope and includes, along with organizational, technological and informational and financial aspects, some new aspects reflecting 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.

New in the modern electoral process and electoral law consists not only in the content of material, 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 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 a public political action, within the framework of which the political legal personality of citizens-voters unfolds and through their expression of will the activities of representative, as well as elective institutions of power and administration are reproduced and legitimized, legal the right of the sovereignty of the people and the republican form of government.

In modern conditions, the concept of "electoral process" is significantly enriched due to the formation of a set of auxiliary elements: firstly, by active legislative activity, as well as by 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 implementation of electoral actions and procedures, provision and protection of constitutional electoral rights of citizens; second, 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; third, the organization of the electoral process on the basis of political competition, transparency of electoral actions and procedures.

The constitutional principles of the organization of the electoral process as guiding and guiding the beginning of the organization and conduct of 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 obligatory appointment and holding of elections in the manner and terms 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 end) of its structural disclosure (deployment) in the form of a sequence of stages electoral process. The term "electoral process" absorbs the content of the term "electoral campaign" "as the period from the day of the official publication of the decision of an authorized official, a government body, including a court, a local self-government body on the appointment of elections until the day of the official publication of the election results, i.e. j. is connected with the need for an authorized body or official to make a decision on the appointment of an election date and its direction for official publication within the time frame and procedure established by the constitution, charter, law. In the narrow sense, the "electoral process" as a formalized phenomenon includes a set of stages established by law ensuring its integrity and legitimacy of the election results, and the stages, in turn, include a set of specific electoral procedures and electoral actions.Democratic electoral process is part of the political process and regime established in the country, and directly associated with the general conditions for the development of democratic institutions that form the socio-political and socio-cultural infrastructure for the implementation of the electoral rights of citizens. In addition, before the start of a specific election campaign, it is necessary to perform 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 the legality of power.

Features of the electoral process in Russia.

In accordance with paragraph 3 of Article 3 of the Constitution of the Russian Federation "the highest direct expression of the power of the people is a referendum and free elections." The recent history of Russia demonstrates indisputable evidence of the key role of the institution of free elections. Many positive changes in our country have occurred precisely because high-quality and regular elections are becoming one of the basic conditions for ensuring the rights and freedoms of citizens of the Russian Federation.

The question of attitudes towards elections is also a question of attitudes towards democracy. As political practice shows, in conditions of political crises and confrontations in society, elections are the most important tool for restoring civil peace. Only they make it possible to establish the true alignment of political forces, their actual, and not declared, influence on social processes. Departure from this democratic formula, neglect of it gives rise to crisis processes. Elections are quite expensive for the state, but confrontation and monopoly on power are even more expensive for the people.

For the first time elections to the legislative body of power were held in February – March 1906. By this time, Russia already had many years of experience in elections to zemstvo and city representative institutions, although the germs of democratic culture were still very weak. In pursuance of the October Manifesto, the tsar's decree of December 11, 1905 changed the election law and granted electoral rights to those strata of the population that did not have them before - small landowners, a significant part of urban residents and workers.

During the formation of the Duma, a majoritarian multi-stage electoral system of an absolute majority with unequal norms of representation from electors of four groups, called “curia”, was used, with the use of property and other qualifications by secret ballot. Persons at least 25 years old had the right to participate in the elections (the same age limit was applied in the German Empire, Belgium, the Netherlands, Norway and Spain). Women were deprived of the right to vote (the same as in all European countries, with the exception of Norway). In addition, students did not participate in the elections, including students, military personnel, nomadic peoples and foreign nationals, as well as persons who were subjected to criminal punishment or who are under investigation or trial. In addition, property qualifications were also in effect. In total, up to 15 million subjects of the Russian Empire, or more than a third of the total male population aged 25 and over, were vested with the right to vote.

The first truly general elections were held in Russia for the Constituent Assembly, the first and only meeting of which took place on January 5, 1918. The results of those elections could not be used to form a real democratic mechanism for the work of government and prevent civil war. 70 years later, the possibility of holding alternative elections appeared in the electoral laws of the USSR. In 1989-1990. elections were held, during which, for the first time in many years, competition arose, a real rivalry between several candidates.

In 1993, Russia went through an acute political crisis caused by a tough confrontation between the authorities. The confrontation between several large political forces, and, ultimately, between the branches of government to the limit exacerbated the socio-political situation in the state and society, brought it to a dangerous line.

In the conditions of those dramatic events, the parliamentary elections and the popular vote on the draft new Constitution of the Russian Federation became the only way out of the crisis, once again proving the effectiveness of democratic instruments for resolving crisis situations. The new Russian Constitution of 1993 determined the legal foundation for the formation of government bodies, for building an electoral system.

During the parliamentary election campaign of 1995, the Central Election Commission of Russia registered federal lists of 43 electoral associations and blocs against 13 in 1993. Representatives of four of them, having received the greatest support from voters and breaking the five percent barrier, took parliamentary seats in the State Duma (in 1993. there were eight electoral associations and blocs among the winners).

In 1995, there was an increase in voter turnout in comparison with 1993 (1995 - 64.76%, 1993 - 54.81%), indicating an increase in the interest and confidence of voters in the institution of elections, in the mechanisms of democracy. This tendency was confirmed in the presidential elections in 1996. In both the first and second rounds of voting in these elections, the voter turnout was high - at the level of 69-70%. In 2000, voter turnout was 68.64%.

A peculiarity of the campaign for the election of deputies of the State Duma in 1999 was the sharpest clash of political and corporate interests. “Information wars” broke out in the media, during which sophisticated techniques were used to discredit political opponents. As a result of the elections, representatives of six political parties and associations entered the State Duma. 61.85% of voters took part in the elections.

The year 2000 went down in election history as the year of early elections for the President of the Russian Federation. The peculiarity of the campaign was that for the first time in Russia, the transfer of powers of the highest official in the state to another citizen took place on the basis of a direct expression of the popular will. This was an event of great importance, a precedent that confirmed the inviolability of the democratic order of the transfer of power. In the first round, Vladimir Putin won with 52.94% of the votes.

The December 2003 elections to the fourth State Duma resulted in the dominance of one political party, which won a constitutional majority in parliament. Four political parties and blocs were able to create their factions, out of 23 who registered federal lists of candidates, and the right-wing parties were unable to overcome the five percent barrier. 55.75% of voters participated in the elections.

The 2004 presidential elections were marked by a clear advantage of the incumbent president, which affected the voter turnout - 64%. Due to the high rating of Vladimir Putin, political parties nominated not the first persons as presidential candidates, since the election results were obvious and predictable. The victory in the first round was won by Vladimir Putin, for whom 71.31% of voters voted.

The electoral practice of post-Soviet Russia testifies on the whole to the successful formation of this democratic institution, despite the existing negative aspects. Thus, the administrative resource influencing the outcome of the pre-election struggle, the use of “dirty” technologies, and the considerable expenditures of state and local budgets for ensuring elections often raise doubts among citizens and politicians about the necessity of holding elections. However, the world experience, including the Russian one, testifies to the fact that the irreplaceable, appointed government is most susceptible to corruption. Power structures that do not depend on the voter quickly become imbued with the spirit of caste and mutual responsibility. The decisive guarantee against the establishment of a monopoly of a corrupt bureaucracy is an ordinary citizen who, in conditions of real competition between candidates and parties, freely and consciously determines who can be entrusted with power, who is able to dispose of it in the interests of society and the state.

1.2 Structure of the electoral process

The electoral process as a legal process for the preparation and conduct of elections has a rather complex structure. Distinguish between its subjective, technological and institutional (stage) components of the electoral process.

The subject component of the electoral process encompasses the participants in the electoral campaign, who, as a result of their empowerment and responsibilities, act as subjects of the electoral process.

The technological component of the electoral process includes time (terms) and formal (documents) components of the legal regime of electoral campaigns. Election terms play an extremely important role in the implementation of the electoral rights of Russian citizens, they act as one of the main connecting elements of the electoral actions of all participants in the preparation and conduct of elections. As a result, the electoral legislation extremely scrupulously regulates the time parameters of the electoral process, as a rule, directly linking the emergence, change or termination of the relations forming it with specific dates (terms).

The institutional part of the electoral process is formed by the stages of preparation and conduct of elections, which are formed on the basis of electoral actions and stages. Accordingly, the electoral process is formalized in legislation and implemented in practice, primarily as a system of successive stages of organizing and holding elections.

In the electoral legislation of the Russian Federation, in accordance with the constitutional model of the organization of the system of public authorities, the federal, regional and municipal levels of elections are represented. Accordingly, we can talk about federal, regional and municipal electoral processes. The general principles of organizing the electoral process in the Russian Federation are outlined by the relevant provisions of the Constitution.

1.3 Stages of the electoral process in Russia

One of the main stages of the electoral process, which ensures the periodicity of 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 a regional legislative (representative) government body. The Constitution of the Russian Federation establishes the procedure for calling elections only to federal government bodies, the procedure for calling regional and municipal elections is enshrined in the constitutions (statutes), laws of the constituent entities of the Russian Federation, and the statutes of municipal formations. 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 the appointment of elections and strengthens the guarantees of electoral rights of citizens in the absence of a law of a constituent entity of the Russian Federation on elections, a unified approach to regulating the procedure for calling elections , the list of subjects of the right to appoint elections has been clarified.

First, elections to bodies or elected officials are mandatory and are held within the timeframes established by the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions, statutes, laws of the constituent entities of the Russian Federation, and statutes of municipalities.

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

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 Art. 84, Part 2 of Art. 96), the Federal Law of May 18, 2005 "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation" Sunday after the expiration of the constitutional term for which the State Duma of the previous convocation was elected, while 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 time limit established by law, 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 the cases and in the manner provided for by the Constitution, the President simultaneously calls early elections and the day of elections in this case is the last Sunday before the expiration of three months from the date of its dissolution; at the same time, the terms 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 the dissolution of the Duma.

In accordance with the Constitution of the Russian Federation (clause "d" of Art. 102) and the Federal Law of January 10, 2003 "On the elections of the President of the Russian Federation", the 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 time limit established by law, 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 President's powers 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 shall call an early election of the President. Election day in this case is the last Sunday before the expiration of three months from the date of the early termination of the exercise of his powers by the President; in this case, the terms for electoral actions established by federal law shall be 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).

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" as amended by Federal Law No. 67-FZ of June 12, 2002 the authorities of the constituent entities of the Russian Federation, local self-government bodies, 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 on the appointment of elections.

The election commission shall appoint elections for the first or second Sunday of the month following the month of expiration of the powers of the body or the deputies, or, respectively, no later than 180 days from the date of the early termination of the powers of the body or the deputies.

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

The laws establish a centralized, decentralized and mixed procedure for scheduling elections. So, within the framework of the centralized order, a number of elements of the organization of the electoral process are end-to-end, serving (technological) nature - the elections of deputies of the representative body of local self-government and the head of the municipality 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 existing bodies of local self-government (Tambovskaya region, Republic of Sakha).

Within the framework of the decentralized procedure, 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 day of appointment to election day must be at least three months.

Compilation of voter lists.

When holding elections in order to exercise the rights of voters, to familiarize them with data about themselves, as well as for the purpose of voting, the relevant election commissions draw up voter lists on the basis of information obtained using the state registration (registration) system of voters.

The procedure for compiling voter lists is 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", federal constitutional laws, other federal laws, laws of the constituent entities of the Russian Federation, and municipal statutes.

Citizens of the Russian Federation who have active suffrage on the day of voting are included in the voter lists at polling stations. In elections to local self-government bodies, the voter lists in accordance with international treaties of the Russian Federation and the corresponding federal laws, laws of the constituent entities of the Russian Federation include foreign citizens who have reached the age of 18, are not recognized by the court as legally incompetent, are not held in places of deprivation of liberty by a court verdict, and who permanently or predominantly reside in the territory of the municipality where the elections are held. The law grants, in accordance with international treaties and relevant Federal laws, laws of the constituent entities of the Russian Federation, to foreign citizens permanently residing in the territory of the respective municipality, the right to elect and be elected to local self-government bodies on the same terms as the citizens of the Russian Federation, the law obliges to include in the voter lists for local elections of foreign citizens permanently or predominantly residing in the territory of the respective municipality, which means that they should be given active suffrage. In my opinion, the reference in the above-mentioned norms to the laws of the constituent entities of the Russian Federation is inappropriate, 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 belongs to the exclusive competence of the Russian Federation.

Servicemen doing military service by conscription in military units, military organizations and institutions that are located on the territory of the corresponding municipality, if these military personnel did not permanently or predominantly reside in the territory of this municipality before being called up for military service, during elections to local self-government bodies are not included in the voter lists and are not taken into account when determining the number of voters in the indicated elections.

The voter list is compiled by the relevant election commission, including using the state automated information system, separately for each polling station on the basis of information provided in the prescribed form by authorized bodies or an official of local self-government, the commander of a military unit.

A citizen of the Russian Federation who has an active suffrage, who is on election day at elections to federal bodies of state power outside the territory of the Russian Federation and who did not have the opportunity to obtain an absentee certificate or vote early, is included by the relevant precinct election commission in the voter list when he appears on election 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 drawn up in two copies. Information about voters included in the voter list is arranged in alphabetical or other order (by population centers, streets, houses, by addresses of voters). The list contains the last name, 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 voter list is signed by the chairman and the secretary of the territorial election commission, in the absence of the territorial election commission - by the district election commission, and after the transfer of the specified list to the precinct election commission - also by the chairman and secretary of the precinct election commission. At polling stations formed on the territory of a military unit, the voter list is signed by the chairman and secretary of the precinct election commission. The voter list is certified by the seals of the territorial (district) and precinct election commissions, respectively.

The precinct election commission clarifies the list of voters and submits it for general familiarization and additional clarification no later than 20 days before voting day. A citizen of the Russian Federation who has an active electoral right has the right to declare to the precinct election commission that he has not been included in the voter list, or any error or inaccuracy in the voter list. Within 24 hours, and on voting day - within 2 hours from the moment of appeal, but not later than the moment of 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 answer indicating the reasons rejection of the application. The exclusion of a citizen from the voter list after it is signed by the chairman and the secretary of the territorial election commission is made only on the basis of information received from the relevant bodies that register (register) voters. In this case, the date and reason for the exclusion of a citizen from the list shall be indicated in the voter list. This record is certified by the signature of the chairman of the precinct election commission. The decision of a precinct election commission can be appealed to a higher election commission (according to the level of elections) or to a court (at the location of the precinct election commission), which are obliged to consider the complaint within three days, and immediately on voting day.

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

Formation of electoral districts and polling stations.

Formation of constituencies. For the conduct of 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 self-government bodies, as well as by commanders of military units. The relevant electoral commission, no later than 70 days before voting day, determines the scheme for the formation of electoral districts, in which their boundaries are indicated, a list of administrative - territorial units, or municipalities, or settlements included in each electoral district (if the electoral district includes a part of the territory of an administrative - territorial unit, or a municipality, or a settlement, the scheme should indicate the boundaries of this part of the territory of an administrative - territorial unit or a municipality, or a settlement) the number and center of each electoral district, the number of voters in each constituency. The relevant representative body of state power, the local self-government body, approves the scheme for the formation of electoral districts no later than 60 days before voting day.

If, in the territory where elections are held, representative bodies of state power, local self-government bodies are absent or do not take a decision on the formation of electoral districts within the time limit 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 when elections to 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 provide in this case the right to approve the scheme of electoral districts of the corresponding territorial election commission.

During elections, constituencies must be formed subject to the following requirements:

a) approximate equality of single-mandate constituencies in terms of the number of voters with a permissible deviation from the average rate of voter representation by no more than 10 percent, and in hard-to-reach and remote areas - by no more than 15 percent. When multi-member electoral districts are formed, an approximate equality of the number of voters per deputy mandate is observed. The deviation of the number of voters in a multi-mandate constituency from the average voter representation rate multiplied by the number of deputy mandates in this constituency cannot exceed 10 percent, and in hard-to-reach and remote areas - 15 percent of the average voter representation rate. The strict requirement of this provision on the approximate equality of voters in a multi-mandate constituency per mandate with a permissible deviation from the average rate of representation by 10, and in hard-to-reach and remote areas - by 15 percent is often impracticable during elections of deputies of representative bodies of local self-government of constituent entities of the Russian Federation ... To fulfill 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 of different number of mandates when holding elections to the same representative body. By giving voters an unequal vote, the law contradicts the basic principle of suffrage - equal suffrage. And the issue here should not be about the number of voters for one mandate, but about the right of a voter to cast his vote for a certain (equal) number of candidates. These requirements may not apply when holding elections to federal bodies of state power, other federal state bodies in the event that federal laws establish the obligatory formation of at least one electoral district on the territory of each constituent entity 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 the official publication of the decision on the appointment of elections;

b) in the formation of electoral districts in the territories of compact residence of indigenous minorities, the permissible deviation from the average rate of voter representation in accordance with the laws of the constituent entities of the Russian Federation may exceed the specified limit, but should be no more than 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 for the cases established by federal laws, laws of the constituent entities of the Russian Federation.

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

The publication (promulgation) of the scheme of the constituted electoral districts, including its graphic representation, shall be carried out by the relevant representative body of state power, local self-government body no later than 5 days after its approval.

If a multi-member constituency is formed, the number of mandates to be distributed in this constituency may not exceed five.

The expediency of this provision seems to be highly questionable. Elections of deputies of representative bodies of local self-government in many regions of the country are held, as a rule, in multi-member constituencies. There are 353 municipalities in the Tambov region. In December 1995, a total of 320 municipalities such as the village council and the council were elected to the representative bodies of 2334 deputies (on average, 7 deputies). More than 280 representative bodies of such municipalities were elected in a single multi-mandate constituency, which included the entire territory of the corresponding village council or town council. This is mainly the 7-9 mandate constituency.

Holding elections according to this scheme of multi-member constituencies is justified both organizationally (in a small village council 10 candidates for a seven-member constituency are recruited, and 14 candidates for seven single-mandate constituencies are far from 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 rural municipalities with a small population (in village councils, volosts, etc.) in many regions of Russia where elections without any violations of the law and difficulties for voters can held in multi-mandate constituencies with a large number of mandates.

It is necessary to change the wording of this provision and provide 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. For voting and counting of votes, polling stations are formed. Polling stations are formed by the head of the municipality in agreement with election commissions on the basis of data on the number of voters registered in the territory of a polling station, at the rate of no more than 3 thousand voters at each precinct no later than 30 days before voting day in elections.

In this case, the legislator invaded the competence of the representative body and the charter of local self-government and determined the elected official as the head of the municipality. This provision also does not specify the head of which municipality the plots are to be formed. In this regard, the experience of the 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 regional significance), district in cities of Soviets 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 on the territory of their host country. The requirement on the number of voters at each polling station may not be applied in the formation of polling stations outside the territory of the Russian Federation.

The boundaries of polling stations must not cross the boundaries of electoral districts. The procedure for registering electoral districts 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.

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

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

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

Formation of election commissions.

In a number of textbooks, the process of forming electoral commissions is outside the framework of the electoral process. If with regard to 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, we can to some extent agree with this because these commissions are permanent state bodies that carry out the preparation and conduct of elections and referenda in the Russian Federation, as well as legal entities whose formation dates are not tied to the timing of any election campaigns, then with regard to the procedure for the formation of territorial, district and precinct commissions cannot agree with this, since the current legislation on elections clearly defines 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 candidates proposed by factions in the State Duma, other deputy associations, as well as by deputies of the State Duma (with one deputy association in the State Duma no more than one representative can 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 by the President of the Russian Federation. The term of office of the Central Election Commission of the Russian Federation (CEC) is 4 years.

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 constituent entities of the Russian Federation is carried out by two branches of state power on the basis of proposals from public associations, elected bodies local government, election commissions of the previous composition. In this case, half of the members of the commission are appointed by the legislative (representative) body, and the other half - by the executive body of state power of the constituent entity of the Russian Federation.

Particular attention should be paid to the fact that the Federal Law of 2002 contains fundamentally new norms and provisions that significantly affect the process of forming election commissions of the constituent entities of the Russian Federation. The 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. subject of the Russian Federation. At the same time, no more than one representative from each of the electoral associations can be appointed to the commission.

Civil servants in an election commission of a constituent entity of the Russian Federation may not constitute more than one third of the total number of voting members of the commission. The legislative and executive bodies will have to take this circumstance into account when carrying out the procedure for appointing commission members, coordinating their actions in time.

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

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

Nomination, collection of signatures and registration of candidates.

Nomination of candidates. The exercise of the passive electoral right, which a certain person possesses according to the law, begins with the procedure for nominating candidates. This is a key moment in the election campaign, to a large extent determining its entire further course. The most important question here is about the subjects of the right to nominate candidates. The right to nominate belongs to the voters of the respective constituency and by way of self-nomination, as well as electoral associations, electoral blocs.

The federal law on basic guarantees defines the framework for the nomination of candidates "within" electoral associations. The electoral laws stipulate that candidates are nominated by electoral associations at the highest forums of these associations and by secret ballot. Of course, by themselves, these rules cannot fully guarantee the true democratic nature of the order of nomination (and this is confirmed by practice), since much here depends on the "climate" in the party or in another political association, on the relations between their central and peripheral bodies, political weight and authority of leaders and other factors, but they still provide the minimum equal starting opportunities that are necessary for fair and honest competition of electoral associations already in the early stages of an election campaign.

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

Candidates are nominated directly by voters through self-nomination, as well as at the initiative of a voter, a group of voters who have an active suffrage when voting for a given candidate, notifying the election commissions where candidates will be registered, and the subsequent collection of signatures in support of the candidates.

The constituent entities of the Russian Federation are empowered, during elections in municipalities with less than 10 thousand registered voters, to determine by their own legislation a different procedure for nominating candidates, in addition to collecting signatures in support of them. Another (alternative) option for nominating candidates is holding meetings of voters at the place of residence, work, service, study.

Thus, the new Federal Law, like the previous one, establishes that when candidates are nominated both on their own initiative and on the initiative of unformalized groups of voters, a procedure for notifying election commissions is required. At the same time, the issue of the form of notification remained not entirely clear. Comparing the procedures for the nomination of candidates by electoral associations and directly by voters, as they are enshrined in the new law, it can be noted that when candidates are nominated by electoral associations, the electoral commission, which receives the lists of candidates nominated by electoral associations, certifies them, after which the collection of signatures in support of the nominated candidates begins. ... Consequently, the certification of the lists is in this case an additional aspect of the electoral procedure, a legal fact that allows the continuation of electoral actions (collection of signatures).

Collection of signatures.

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

The Federal Law on Basic Guarantees does not indicate that signature collection is carried out at the place of work (including in labor collectives), service, study and residence, but there is also no direct prohibition on collecting signatures in these places. It has only been said that signatures can be collected only among voters who have active suffrage in the constituency in which the candidate agrees to be nominated, that is, among his potential voters. Therefore, if signatures are collected at a facility where voters from another constituency work, their signatures cannot be taken into account. In addition, the participation of the administration of enterprises of all forms of ownership, institutions and organizations in the collection of signatures, as well as coercion into the collection of signatures and rewarding voters for entering signatures, is prohibited. It is prohibited to collect signatures in the process and in the places where wages are issued. Gross or repeated violation of these prohibitions may be the basis for the recognition by the relevant election commission or court of the invalidity of the collected signatures and (or) cancellation of the registration of the candidate.

Thus, when collecting signatures in support of a candidate, certain conditions must be met to ensure the "cleanliness" of the procedure. In addition, the law stipulates the conduct of candidates when collecting signatures, in particular, candidates, including those who have not yet been registered, are prohibited from taking advantage of their official or official position. The use of the advantages of an official or official position implies the following actions of a candidate, contributing to his nomination: attracting persons subordinate or in other service dependence, other state and municipal employees to carry out such actions during their official hours; use of premises occupied by state bodies or local self-government bodies, if other candidates cannot use the same premises on the same conditions; the use of telephone, facsimile and other types of communication, information services, office equipment, ensuring the functioning of state institutions or local self-government bodies; use free of charge or on preferential terms of vehicles that are in state or municipal ownership (this prohibition does not apply to persons using the specified transport in accordance with federal legislation on state protection); collection of signatures by state or municipal employees during official (paid for by state or municipal funds) business trips; preferential access (in comparison with other candidates, registered candidates) to the media in order to collect signatures.

Registration of candidates (lists of candidates).

On the one hand, the registration of candidates is a legal factor that opens the next stage of the election campaign, on the other hand, it is an organizational one. Candidate registration should be viewed as a lengthy process of verification by election commissions that the actual procedure for nominating candidates is consistent with that established by law.

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

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

The federal law established a direct obligation to verify the accuracy of the data contained in the signature lists, but did not establish a detailed procedure for verifying the authenticity of voters' signatures collected in support of candidates (lists of candidates). He defined only its main points, in particular, pointed out that the verification procedure should be provided for by federal law, the law of the constituent entity of the Russian Federation, and either all submitted signatures or part of these signatures selected for verification by means of a random sample (lot) can be verified , but not less than 20 percent of the number of signatures required for registration established by law. If a share of inaccurate signatures is found among the signatures being verified, the maximum value of which is established by federal law, the law of a constituent entity of the Russian Federation, or the number of reliable signatures is insufficient for the registration of the corresponding candidate (list of candidates), the election commission refuses to register the candidate (list of candidates). Federal law does not provide an answer to the question whether a candidate who has been denied registration due to the above circumstances has the right to collect the required number of reliable voters 'signatures or to start collecting voters' signatures anew if he has the necessary time reserve.

In the event that counterfeit signatures are found in the signature lists, the election commission has the right to send materials for verifying the authenticity of voters' signatures to the appropriate law enforcement agencies to bring the perpetrators to justice as provided for by federal laws.

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

If such a situation arises as a result of the fact that the candidate without compelling circumstances withdrew his candidacy or his registration was canceled due to the fact that he violated the electoral law, in elections to federal bodies of state power, bodies of state power of a constituent entity of the Russian Federation, bodies local government all expenses incurred by the respective election commission in the preparation and conduct of elections shall be borne by this candidate. In the event of these circumstances, the law of a constituent entity of the Russian Federation may provide for voting on one candidate at the elections of deputies of local self-government bodies, while a candidate is considered elected if at least 50 percent of the voters who took part in the voting voted for him.

Election campaign.

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

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

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

A candidate, electoral association, electoral bloc have the right to free airtime on the channels of state and municipal television and radio companies broadcasting television and radio on the territory of the respective electoral district, on an equal basis.

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

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

Periodical printed publications, the founders (co-founders) of which are state or municipal bodies, organizations, institutions, or which are financed in whole or in part from the funds of the corresponding budget (federal, subject of the Federation, local budget) or funds of local self-government bodies, as well as publications that have benefits in the payment of taxes and compulsory payments in comparison with other publications, and are distributed in the territory in which elections are held, with the exception of publications established solely for the publication of official messages and materials, regulations and other acts, must allocate printed areas for materials provided by candidates , electoral associations and blocs. All campaign printed materials must contain information about the organizations and persons responsible for their release. Distribution of anonymous campaign materials is prohibited.

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

During the pre-election campaign, abuse of the freedom of the media is not allowed; agitation inciting social, racial, national hatred and enmity, calls for the seizure of power, forcible change of the constitutional order and violation of the integrity of the state, propaganda of war and other forms of abuse of freedom of the media prohibited by law.

In case of committing these violations, the election commissions have the right to apply to the court with submissions to cancel the decision on registration of a candidate (list of candidates).

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

Voting in elections is carried out on a calendar day off. The start and end times of voting are established by laws, as a rule, from 8 am to 10 pm. Territorial and precinct election commissions are obliged to notify voters about the time and place of voting no later than 20 days before the day of voting through the media or in any other way.

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

Each voter votes personally; voting for other voters is not allowed. Ballot papers are issued to voters included in the voter list upon presentation of a passport or other identity document. The precinct election commission is obliged to provide all voters with the opportunity to vote, including those who, for health reasons or for other valid reasons, cannot come to the polling station. An application for the possibility of voting outside the polling station must be confirmed by the voter in writing upon arrival of the members of the precinct election commission. Members of this commission, who leave on applications, receive ballots against signature in an amount corresponding to the number of applications. The number of voter applications, used and returned ballots is recorded in a separate act. Data on voters who voted outside the polling station are additionally entered into the list. Observers may be present during voting outside the polling station. Organization of voting outside the premises should exclude the possibility of violating the electoral rights of a citizen, as well as distorting the expression of the voter's will.

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

The filled in ballots are dropped by the voters into the ballot boxes.

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

Counting of votes of voters is carried out by members of a precinct election commission with a decisive vote on the basis of ballots submitted by voters. When counting the votes of voters, the precinct election commission shall invalidate the ballots for which it is impossible to establish the will of the voters, as well as ballots of an unidentified form. The members of the precinct election commission shall count and enter into the protocols the results of the counting of ballots.

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

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

The constituency election commission shall recognize the elections as invalid if the violations committed during the voting or determination of the voting results do not allow to establish with certainty the results of the voters' will, also if they are invalidated by at least one fourth of the polling stations or by a court decision.

All documentation of election commissions of all levels, including ballots, is subject to storage for the period provided by law. At the same time, the established storage periods for ballots cannot be less than one year, and protocols of election commissions - less than one year from the date of the announcement of the date of the next elections of the same level.

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

Chapter 2. Legal responsibility

2.1 Concept and principles of legal responsibility for violation of electoral rights

Legal liability in the public law sphere is understood as the application to the violator of certain legal measures of state coercion by authorized state bodies, imposing on the offender certain legal restrictions of a personal or property nature.

Legal liability of candidates for violations of electoral legislation:

1) occurs for the commission of a certain offense (constitutional or administrative offense, crime);

2) is established by the state and always provides for the application of legal sanctions to the guilty persons by authorized state bodies and officials;

3) is associated with the occurrence of certain negative consequences for the offender;

4) is implemented in the established procedural form.

For violations of electoral legislation, federal laws provide for three types of public liability:

1) constitutional and legal responsibility (it is also referred to as state legal responsibility or electoral responsibility);

2) administrative responsibility;

3) criminal liability.

Despite the intensity of research on the principles of legal responsibility and the availability of extensive material, this problem is still under development. There is no consensus among scientists and practitioners not only on the system of fundamental ideas of legal responsibility, but even on the interpretation of the content of specific ones.

As one of the main elements of legal responsibility, the principles reveal the internal laws of the existence and development of legal responsibility, express its nature and purpose.

The system of principles of legal responsibility should express a supra-branch approach and consist of such basic ideas - principles that would constitute its essence in all branches of law where there is an institution of legal responsibility.

2.2 Types of legal liability for violation of electoral rights.

1. Constitutional and legal responsibility of registered candidates for violation of electoral legislation

The constitutional and legal responsibility of registered candidates for violation of electoral legislation consists in applying certain constitutional and legal sanctions to guilty candidates. These include:

A warning;

Cancellation of candidate registration;

Cancellation of the decision on recognizing a candidate as elected.

Bringing offenders to constitutional and legal responsibility for violation of electoral legislation is possible in an administrative procedure (warning, cancellation of a decision on recognizing a candidate as elected) and in court (cancellation of a candidate's registration).

Let us consider the features of applying each of the indicated constitutional and legal sanctions to guilty candidates:

1) Prevention is a moral and legal measure of constitutional and legal responsibility for committing electoral offenses.

Warning as a measure of responsibility for committing electoral offenses is provided for in the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (hereinafter - the Federal Law on Basic Guarantees)

A warning is the mildest measure of constitutional and legal responsibility for violation of electoral legislation and is applied for minor electoral offenses that are not gross or significant.

2) Cancellation of registration consists in depriving citizens with passive suffrage of the status of registered candidates. Thus, the citizen is denied the right to exercise his passive electoral right in specific elections.

The Federal Law on Basic Guarantees establishes a list of electoral offenses for which registration cancellation is possible.

The grounds for canceling the registration of a candidate include:

a) newly discovered circumstances that are the basis for refusing registration;

b) the use of money by a candidate in order to achieve a certain result in the elections in addition to the funds of his own electoral fund, if their amount exceeded 5 percent of the maximum expenditure of the electoral fund established by law, or exceeded the maximum expenditure of the electoral fund established by law, by more than by 5 percent;

c) repeated use by candidates of the advantages of an official or official position;

d) establishing the facts of bribery of voters by candidates, their proxies and authorized representatives, other persons and organizations acting on behalf of candidates, their proxies and authorized representatives.

e) the candidate's failure to comply with the restrictions of the Federal Law on Basic Guarantees, that is, abuse of the right to conduct election campaigning, expressed in campaigning that incites social, racial, national, religious hatred and enmity, calls for the seizure of power, forcible change of the constitutional order and violation of the integrity of the Russian Federation , propaganda of war and other forms prohibited by federal law;

f) establishing the fact of concealment by the candidate of information about his conviction or the presence of citizenship of a foreign state.

In accordance with the Federal Law on Basic Guarantees, clause 3 of Article 259 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation), the registration of a candidate can be canceled by a court at the request of the election commission that registered the candidate, a candidate registered in the same constituency.

Deregistration of a candidate must be distinguished from deregistration of a candidate. Cancellation of a candidate's registration is not a measure of constitutional and legal responsibility. The subject of canceling the registration of a candidate is the district election commission that registered the candidate.

3) Cancellation of the decision of the district election commission on recognizing the candidate as elected.

2. Administrative liability of registered candidates for violation of electoral legislation

Administrative liability is regulated by the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses) and consists in the application of certain administrative penalties (as a rule, an administrative fine) to the guilty registered candidates. Administrative responsibility of candidates for offenses infringing on the electoral rights of citizens is enshrined in Articles 5.8-5.12, 5.14, 5.18, 5.19, 5.45, 5.50 of the Administrative Code. So, administrative responsibility is provided for:

· Violation of the conditions for the conduct of election campaigns stipulated by the electoral legislation (Article 5.8);

· Violation during the election campaign of advertising conditions for entrepreneurial and other activities (Article 5.9);

· Carrying out pre-election campaigning during the period of its prohibition and in places where it is prohibited by law (Article 5.10);

· Conducting pre-election campaigns by persons who are prohibited from participating in it by federal law (Article 5.11);

· Production or distribution of anonymous campaign materials, or campaign materials without advance payment at the expense of the relevant electoral fund, placement of campaign materials in violation of the requirements of the electoral legislation (Article 5.12);

· Deliberate destruction or damage of printed materials related to elections (Art. 5.14);

· Bribery of voters, carrying out charitable activities during the election campaign in violation of the electoral legislation (Article 5.16);

· Illegal use of funds during the financing of the election campaign by a candidate, a registered candidate (Article 5.18);

· Taking advantage of an official or official position during the election campaign (Article 5.45);

· Violation of the rules for transferring funds contributed to the electoral fund (Article 5.50).

Bringing offenders to administrative responsibility for violating the electoral legislation is possible only through the courts.

3. Criminal liability of registered candidates for violation of electoral legislation

For committing socially dangerous encroachments on the electoral rights of citizens, the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) provides for criminal liability of the guilty registered candidates.

So, according to article 141 of the Criminal Code of the Russian Federation, criminal liability of a candidate may occur for obstructing the exercise of electoral rights by a citizen, violating the secrecy of voting, for obstructing the work of election commissions, the activities of a member of an election commission associated with the performance of his duties.

Committing by the guilty persons of these violations of the electoral rights of citizens and electoral legislation entails the application of criminal penalties to them in the form of a fine, compulsory labor, correctional labor, arrest, and imprisonment.

Article 142 of the Criminal Code of the Russian Federation provides for liability for falsification of electoral documents by a candidate or his authorized representative.

Committing by the guilty persons of these violations of the electoral rights of citizens and electoral legislation entails the application of criminal penalties to them in the form of a fine and imprisonment.

Criminal prosecution of offenders for violation of electoral legislation is possible only through the courts.

Chapter 3. Features of legal regulation of the electoral process in Russia

3.1 Correlation of norms of international and domestic law in matters of the electoral process

In recent years, a lot of theoretical works have been published on the relationship between international law, on the one hand, and domestic law, on the other.

As far as the electoral process is concerned, a complex institutional analysis of some of the features of such a ratio, which are evidently manifested in the election campaigns of recent years, lies ahead.

Of course, in the field of the electoral process (it does not matter whether it is interpreted narrowly, within the framework of the protection of human rights, or more broadly), a significant international legal and political normative array has accumulated. But within what limits, are states actively and uniformly enough inclined to use this array in the intrastate electoral process? The answer directly depends on the nature of the interaction of specific international and national norms in this area. There are many problems here - the sphere of international legal and international political regulation is too unconventional and relatively young.

It is unlikely that there will be another equally acute subject of international relations as the electoral process, according to which states would equally zealously weigh all the nuances of the principle of respect for their sovereignty, inadmissibility of interference in their internal affairs, violation of their internal competence. And the stronger the elements of totalitarianism in a particular state (regardless of its nature), the more actively the authorities fence themselves off from such "interference."

A striking example of such a "confrontation" was the elections of the President of the Republic of Belarus on September 9, 2001, which gave rise to a statement by the International Mission for Limited Election Observation. The main conclusion of the statement was that the 2001 presidential elections in the Republic of Belarus did not meet the OSCE commitments for democratic elections, formulated in the 1990 Copenhagen Document, and the standards of the Council of Europe. It was primarily about restricting the access of representatives of international organizations to the elections in the Republic of Belarus. The assessment of the past elections was voiced by the mission of the Association of Election Organizers of Central and Eastern Europe (ACEEE) to observe the same elections: "... The mission accepts the preliminary election results announced by the Central Commission of the Republic of Belarus on Elections and Referendums." The final document of the AOESCEE noted that the Electoral Code of the Republic of Belarus basically complies with international electoral standards, but at the same time it was noted the need to develop and concretize its norms in this direction.

In this case, it seems that the point of view is quite acceptable that international law and domestic law may have the same object of legal regulation.

It should be borne in mind that international relations are not limited to relations between states as the main subjects of international law. Political parties, trade unions and other public organizations of various states also actively cooperate with each other and adopt important international documents that have an obvious impact on domestic life. Such relations are conventionally called international political relations. The norms adopted within their framework, even if they are not formally transformed into the norms of national electoral law, obviously affect political attitudes and documents, and ultimately, legislative and by-laws in the field of the electoral process. Moreover, the question can be posed in such a way that political norms, as a rule, are primary in relation to legal norms in the sense that without the presence in the states of the coinciding political will in relation to democratic principles and norms of the electoral process, it is difficult to imagine the conclusion by states of the corresponding international legal documents.

In the overwhelming majority of cases, an international legal norm gains force in the sphere of domestic regulation through its transformation into a norm of domestic law, which is achieved by adopting a law, issuing another domestic act or incorporating it into domestic law in a different way (for example, through judicial practice, as is the case in the Anglo-Saxon legal system). International electoral norms go through this procedure.

The term "transformation", however, is not the only term used to refer to this process. Some authors talk in this case about sending, receiving and transformation, others about transformation and sending, or about reception and transformation. But the essence remains the same: in the legal connection between the two specified systems of law, in the procedure by which the norms of one system (international) acquire effectiveness within the framework of the other (domestic).

In a federal state such as the Russian Federation, transformation takes place in two stages.

The first of them is the transformation into federal legislation, starting with the Constitution of the Russian Federation of 1993, and federal by-laws.

The second stage is transformation into the legislation of the constituent entities of the Federation, first of all, into their constitutions and statutes. Here, the strong influence of the political situation in a particular constituent entity of the Russian Federation is already felt, as a result of which the international obligations of the Russian Federation in the field of the electoral process (as, indeed, in many other areas) either do not find reflection at all, or are strongly adapted to local conditions. This could be treated calmly, proceeding from the fact that the primacy of the federal law over the law of the subjects in the event of their discrepancy. But the whole point is that many constituent entities of the Russian Federation are in no hurry or do not intend to bring their legislation in line with federal legislation, ignoring the corresponding resolution of the Constitutional Court of the Russian Federation, adopted in 1999, and local executive bodies are most often guided solely by the legislation of the respective constituent entity. Federation.

When it comes to special "electoral" laws and bylaws of a constituent entity of the Federation (and in each of the constituent entities of the Federation they are adopted), then it is quite difficult to find any echoes of the international obligations of the Russian Federation in the field of the electoral process, although, as you know , transformational acts in principle are recognized not only laws, but also other normative acts, including acts of management of various hierarchical forces.

The following should also be noted. In many states, the operation of an international norm on the territory of a state proprio vigore, that is, its own legal force, is recognized. In particular, in England there is a principle: "International law is part of the country's law." The USA and many other "civilized" states (to use the language of Article 38 of the Statute of the International Court of Justice) adhere to the same principle. Political norms most of all fit into the framework of this principle. Returning to international legal norms, let us turn directly to Russian realities. The Constitution of the Russian Federation (part 4 of article 15) reads: "The generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided by law, then the rules of international agreement ".

It is easy to see from the text of this article that the Russian legislator did not provide for the priority of the generally recognized principles and norms of international law over the law of the Russian Federation. This priority has been established only in relation to an international treaty of the Russian Federation. In this regard, one cannot agree with the broad interpretation of this article by some Russian scientists, despite the absolute desirability of the indicated primacy of generally recognized principles and norms.

The generally recognized norms of international human rights law have a special status because they: a) have direct effect; b) determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government; c) justice is provided.

With regard to the norms of the international institution of electoral law, this conclusion seems to us quite reasonable in the light of the clearly expressed political will of the representatives of 112 countries at the 154th session of the Council of the Inter-Parliamentary Union in the Declaration on the Criteria for Free and Fair Elections (Paris, March 26, 1994). And it is no coincidence that the Constitutional Court of the Russian Federation, in its Resolution of July 31, 1995, emphasized that "the state in its activities should be guided by: norms providing for human rights and freedoms", as well as "generally recognized principles such as territorial integrity, conscientious execution of international legal obligations ".

It remains to add the general consideration that, unlike treaties that are not self-executing, generally recognized principles and norms of international law do not require the issuance of domestic acts for their implementation. In other words, general norms of international law are not subject to special incorporation.

This consideration is fully applicable to the rules of electoral law.

3.2 Problems of improving the electoral process in Russia at the present stage of constitutional development

The modern history of Russia shows us the exceptional role of the institution of free elections in the development of democracy. The Constitution of the Russian Federation, fixing in Article 3 such higher forms of direct democracy as a referendum and free elections, establishes the democratic character of the state. The political expression of the will of citizens, expressed in the process of free elections, acquires a certain significance in the mechanism for the formation of public administration bodies based on political representation.

In this regard, there is a growing interest in the ideas of studying individual stages within the electoral process, called the stages of the electoral process, as well as the procedures that develop during these stages.

Election financing problems.

The financing of elections in the Russian Federation is a complex, complex institution, the content and functioning of which raises a significant number of unresolved issues both in modern science and practice.

Of particular interest, in our opinion, today are the problems of legal regulation of the financing of individual election campaigns of candidates, parties and their blocs.

Today, there are various models of campaign finance, which are associated with the attitude to public and private funding, the choice of methods and the industry affiliation of the legal regulation of the relations in question.

Thus, the Federal Law of the Russian Federation "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (hereinafter Federal Law No. 67) provides for both state funding of elections and a referendum (Article 57) and a certain share of private funding (Article 58) ... It seems that the option chosen today seems to be the most acceptable for modern Russia. Firstly, as it was shown above, it has already embarked on it, and most countries of the world are following this path. Secondly, this path allows the use of non-state funds, thereby weakening the burden on budgets, which is especially important for municipalities in the light of the entry into force of the new Federal Law "On General Principles of Local Self-Government in the Russian Federation." Thirdly, it gives, albeit a purely theoretical, opportunity to build different models of financing elections, taking into account regional specifics.

Thus, Clause 1 of Article 57 of the Federal Law No. 67 provides that the elections are financed "from the funds allocated for these purposes from the relevant budget (federal budget, the budget of a constituent entity of the Russian Federation and (or) the local budget)". Clause 2 of this article says that only all-Russian referendums are directly funded from the federal budget, and the costs associated with holding other referendums are financed from funds allocated respectively from the budget of the constituent entity of the Russian Federation or local budgets. At the same time, these provisions do not take into account the fact that many budgets of constituent entities and municipalities are unprofitable and practically unable to finance elections and referendums, and today, when the budget is formed for a period of three years, the holding of elections (especially unplanned ones) can become a serious problem ... From our point of view, since the conduct of such elections is the implementation of the norms and principles of the Constitution of the Russian Federation, it is advisable to transfer the financing of elections from local budgets to federal (surplus), which is especially important in light of the current state of interbudgetary relations.

Needs to be improved, from the point of view of legal techniques, and the procedure for making voluntary donations to the electoral funds of candidates is not quite defined by legislation.

The next collision cannot but cause bewilderment. The opening of an electoral account can be carried out by both the candidate and his authorized representative for financial affairs (clause 3 of article 58 of the Federal Law No. 67), which may be required objectively. At the same time, the powers of the latter must be confirmed by a notary, which entails the payment of a fee. However, as already noted, these funds can only be taken from the electoral fund, which in this case is not yet available. A conflict arises that cannot be resolved within the framework of the law and provokes misconduct.

Thus, despite the importance of the financing of elections, we can conclude that there are legislative shortcomings and the urgent need to further improve the domestic electoral legislation of the Russian Federation in terms of regulating the financing of elections. Its goals should be:

1) improvement of legal technology;

2) resolution of existing collisions;

3) ensuring the compliance of the norms of Federal and regional normative legal acts with the Constitution of the Russian Federation, its principles and "spirit".

Institute for the collection of signatures in modern Russia.

In this paper, an attempt is made to analyze a number of problems in the procedure for collecting signatures, both theoretical and law enforcement. Its relevance is due to:

1) the essence of the electoral process itself, reflecting the political struggle;

2) the need to define and clarify the basic concepts within the signature collection procedure, as well as to identify criteria for a clear delimitation of this procedure from other procedural actions;

3) the development of legislation on elections (in particular, the adoption of Federal Laws "On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation", "On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation", etc.);

4) the need to develop theoretical provisions aimed at improving the current legislation. With this in mind, the study of the issues of the institution of collecting signatures is of great theoretical and practical importance. For a convincing answer to them, the very stage of the nomination of the candidate, the collection of signatures

The analysis showed that the institution of collecting signatures is one of the forms of support for the nomination of a candidate, the essence of which, from a formal point of view, is to ensure (legitimize) the subsequent participation of the nominated candidate in the elections. Thus, this is a special kind of pre-registration procedures.

In the aspect of legal regulation of the signature collection system, its various aspects are considered: the object (ie the signatures themselves and related legislative problems); the subjects of this procedure (in particular, the conclusion about the age of the signature collector is very important, which, despite the doubts expressed in the literature, is still 18 years old at the time of collection of signatures); the content of the institution for collecting signatures, which constitutes the procedure for its implementation provided for by legislation, was also studied.

The development and adoption of the proposed legislative changes (in particular, the reduction of the number of signatures to a reasonable limit, the provision of penalties in the field of verification of signature lists) is a priority area in the field of improving electoral legislation.

The place and role of the Central Election Commission of the Russian Federation in the modern electoral process.

According to the current legislation, the Central Election Commission of the Russian Federation occupies a special position among state bodies. This is a unique body, on the one hand, falling out of the clear system of separation of powers, and on the other, playing an important role in its formation. Due to this, the issues of the functioning of the Commission have always been of great interest. At the beginning of the 21st century, in the context of rapidly proceeding globalization, international cooperation in the electoral sphere, and the changing political situation in the country, the question of the place and role of the Central Election Commission in the electoral process and the system of state power in general is more relevant than ever. Answering this question in the framework of this scientific work, we focused on three aspects in the status of the body under consideration, namely institutionalization, the procedure for formation and powers.

In the field of institutionalization, the main discussion revolves around the consolidation of the status of the CEC in the Constitution, which is due to the desire to create conditions for stability and preservation of the independence of the Commission. However, despite the need to include in the Constitution of the Russian Federation norms establishing the foundations of the national electoral system in general and the status of the Central Election Commission of the Russian Federation in particular, this step continues to be more promising than an urgent task at the present stage of development of electoral legislation. The main reason for this is the excessive politicization of any changes taking place in the electoral sphere, and the real danger of destabilization of the Basic Law.

The question of the procedure for the formation of the Commission is also important for our study, which plays a decisive role in its functioning, since the implementation of such generally recognized electoral principles as free, public, sovereign elections is possible only if the electoral bodies, in turn, are free, open and independent. Despite the numerous advantages of the existing procedure for the formation of the Central Election Commission of the Russian Federation, there are also a number of disadvantages. In particular, the procedure for nominating candidates for the posts of members of the Central Election Commission from the President of Russia needs to be clarified, since this issue is not regulated by law. In addition, the exclusion of the requirements for the presence of compulsory higher legal education, in our opinion, was a step not only premature, but also inappropriate due to the fact that the presence of this requirement was one of the main guarantees of the professional performance by members of the Commission of their duties, compliance with the Law of their decisions and a certain protection against bias in work. Moreover, the presence of a higher legal education or an academic degree in law was, in fact, the only qualification requirement for a candidate for membership in the CEC of Russia.

With regard to powers, attention should be paid to the following shortcomings. So, in the light of the initially inherent role of the Central Election Commission as the main body in charge of electoral law and process, the lack of a legislatively enshrined possibility of preliminary consideration of bills aimed at changing electoral legislation, with the issuance of an opinion mandatory for consideration by the State Duma, should be considered as a gap. An important layer of authority is also required by the CEC in the area of ​​ensuring the compliance of the regional regulatory framework and practice of holding elections in the constituent entities of the Russian Federation with the provisions of federal legislation and international electoral obligations. These include the mandatory examination of draft electoral laws of the constituent entities in the Central Election Commission for their compliance with federal legislation and international electoral standards recognized by Russia.

Finally, one of the significant gaps in the status of the Central Election Commission is the lack of clearly defined goals and objectives of its activities. The Commission's fulfillment of its powers today is not supported by their intended purpose, and therefore many of them seem to be fragmentary. That is why, in order for the mechanism of the functioning of the Central Election Commission to function effectively, it is necessary to consolidate the specific goals and objectives of the Central Election Commission, which will become a kind of benchmark in the further improvement of the status of the Commission.

Summing up, it should be noted that despite significant changes in legislation, which also affected the main electoral body of Russia, the need for an electoral commission called from an independent standpoint and to adequately assess the electoral process remains. That is why the idea of ​​transforming the CEC into an executive body or entrusting its functions to the Ministry of Internal Affairs seems inadmissible. Representative government in Russia is at the stage of formation, and the degree of trust in the executive power on the part of various political and social forces is insufficient to use such foreign experience in the Russian legal field. The real place of the Central Election Commission, in our opinion, is wider than that occupied by the Commission now. It is not only a body that ensures the conduct of elections, but also a body called upon to play an essential role in the democratic development of the country, in particular in the continuation of democratic and legal education of citizens, the implementation of the country's international electoral obligations, and upholding the ideals of democracy. Such an integrated approach is by no means exaggerated, but on the contrary follows from the current legal, democratic and political conditions for the conduct of the electoral process, which in many respects is still unstable and subject to outside influence. Such broad functions are natural, since the entire volume of international electoral obligations enshrined in Russian legislation can be implemented by the Commission only in the context of a successfully developing democratic process.

Documents of strict accountability in the electoral process of the Russian Federation.

In the Constitution of the Russian Federation, one of the political rights of citizens is the right to elect and be elected to the bodies of state power of the Russian Federation. Elections are a form of direct democracy, when the future of the country depends on the will of everyone.

Throughout the history of the development of the electoral process, strict accountability documents have changed. The relationship between the political situation in the state and the ballots has always existed.

I analyzed the content and form of ballots during the existence of the RSFSR and at the present stage, the reasons for the appearance of absentee ballots, the cancellation of the column "against all"

Elections to the Supreme Soviet of the RSFSR were held by dropping balls for the candidate. In accordance with the materials on the preparation and conduct of the elections of People's Deputies of the RSFSR and local Soviets in 1989, any (unlimited) number of candidates for deputies was indicated on the ballot papers. And if the voter finds it difficult to fill out the ballot, he has the right to invite another person into the booth, at his discretion. Which, at present, is a direct violation of the current electoral legislation.

To ensure the holding of democratic elections at local and federal levels, it is necessary to create conditions to prevent threats of falsification of documents and results. The study of the degrees of protection of ballots and absentee ballots was based on the Resolutions of the Central Election Commission of the Russian Federation, Federal Law "On the Basic Guarantees of Electoral Rights of Citizens of the Russian Federation".

So, if at the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the fifth convocation, the surname, name, patronymic of a citizen were indicated in absentee ballots, then at the elections of the President of the Russian Federation, which took place on 03/02/2008, passport data must also be indicated. Such measures are aimed at preventing the threat of forgery of absentee ballots.

The study of such measures is advisable to increase the political self-awareness of citizens, violate electoral rights and prevent falsification of election results.

The study has shown that changes in the form, content and protection of certain documents of strict accountability in the electoral process are the result of fundamental changes in the political and state structure of the state. Reflecting the current processes in the country, these documents are also the result of the activities of public authorities and their interaction with civil society institutions. An active state policy at the federal and local levels will allow avoiding the ineffectiveness of the measures taken in the field of the institution of elections in the Russian Federation.

The need to introduce a mandatory vote in Russia.

In recent years, elections have firmly entered the life of Russian society as a really functioning institution for the formation of the representative foundations of democracy. As the long-term experience of conducting election campaigns of various levels in our country shows, elections in the Russian Federation have a number of shortcomings. First of all, this is a low electoral culture, absenteeism of citizens, the use of "negative" electoral technologies, as well as the lack of effective mechanisms to stimulate citizens to take part in elections. Taken together, these problems call into question the reliability and objectivity of the expression of the will expressed by the population at the elections.

Both active and passive electoral rights are exercised by citizens absolutely voluntarily. Unlike a number of other states (Austria, Australia and others), there is no compulsory voting in Russia. This circumstance, as well as the political apathy of voters, gives rise to the phenomenon of absenteeism, that is, mass non-participation of voters in elections. This puts the state and politically active citizens in a difficult position, for it makes the election results appear less democratic in character. Due to the massive non-appearance of voters at the ballot boxes, elections to the legislative bodies of the constituent entities of the Russian Federation were repeatedly disrupted. This forces the authorities to lower the voter turnout rate, because in the absence of discrimination, nothing prevents citizens from expressing their attitude towards the existing government and getting its representatives replaced. For all the futility of this form of protest, non-attendance at elections is an indicator of low political culture and citizens' activity; it increases political instability in society, weakens and distorts the connection between the state and the people.

The percentage of voters taking part in elections in Russia and in other countries is constantly decreasing. Russian electoral legislation does not contain mechanisms to reward citizens for participating in elections or "punish" for not participating in elections. Instead, it proposes another, in our opinion, a dead-end way of solving this problem - lowering the norm (threshold) of voter turnout, at which the elections are considered valid.

Many political scientists, sociologists, lawyers and scientists are expressing their opinion on the introduction of compulsory voting on the territory of the Russian Federation.

The introduction of compulsory voting will dramatically change the modern picture and will lead to a large increase in the number of voters. Where it was introduced, voter turnout sometimes increased to 90%, since non-participation in elections of registered voters is punishable.

Without the obligation to vote, there is no complete vision of the political system to strive for in the minds of voters. The psychology of the voter in this case corresponds to the psychology of the consumer: if there is nothing to choose from, then they don’t think about the choice.

Under these conditions, the introduction of compulsory voting would not only reduce the likelihood of using non-political and illegal means of influencing the voter, but also, most likely, would force politicians to take a more responsible approach to formulating their own position.

When introducing compulsory voting for citizens of the Russian Federation, it is necessary to secure additional guarantees that ensure the formation of the will of voters and its expression, namely:

· Provide more complete information to voters about candidates (about the presence of a criminal record, regardless of whether it is removed or canceled, about violations of the election campaign, about the property and income of close relatives of the candidate);

· End the campaign period at least three days prior to voting day;

· Provide for the institution of power of attorney;

· Legally establish the status of a ballot paper as a document of strict accountability with protective marks, holograms and a longer storage period for ballots after the elections;

· Provide for administrative liability for violation of the procedure for the production, transfer and storage of ballots.

Conclusion

As you can see, the electoral process is full of inaccuracies, contradictions and is far from its ideal. However, this in no way begs the very significance of the elections and the legitimacy of the elected government. The Russian Federation is a democratic state with a republican form of government, you should not forget about it. A variant of solving this problem, which denies the entire existing electoral system, and, as a result, the state as a whole, seems inappropriate. There is no need to drive the problem into the depths or cut the Gordian knot from the shoulder. A new system of recruiting civil servants through a popular direct secret ballot through a democratic, fair electoral process should be phased in.

In my work, a small step has been taken towards overcoming legal illiteracy. We have understood for ourselves the concept of the electoral process and its stages. And we came to the conclusion that the electoral process is a set of actions and procedures for holding a nationwide expression of will on the issue of staffing civil servants, those of its representatives who should be staffed in this way. This process is political and legal, which can be revealed from its essence: it is completely and completely regulated by law and, undoubtedly, is a political action. The electoral process is not a goal, it is a means to achieve the set goal, to govern the state on a democratic republican basis, to build a welfare state. And the first step towards it will be freedom, political freedom, the one that we lacked so much during the period of totalitarian oppression. Now, when tyranny has collapsed and we have the opportunity to independently choose our future, we will be the creators of our destiny. And the electoral process becomes for us a kind helper in this, a master in the hands of a skilled builder. But we are not magicians, we are only learning a new independent life, free from any interference that infringes upon our sovereignty. I understood this concept for myself and now I will carry this light to the masses, knowledge is power. The sovereignty of the people, their right to self-government and government are realized through the electoral process.

The stages of the electoral process must be considered in aggregate and cannot be singled out or infringed upon any of them. Their well-thought-out sequence, openness to participants in the electoral process and the media will undoubtedly not only be able to ensure the reliability of determining the results of the will of voters, but also strengthen citizens' confidence in the entire electoral system, and put an end to the widespread philistine expression. They are the best way to help us understand the whole essence and all the importance of this process, which, to some extent, determines our entire future life.

When I was writing this work, I had to witness the pre-election battles. What will the new government, elected on a voluntary basis, bring us? We live in the period of only the formation of our new statehood. During the formation of a new statehood, the development of new democratic institutions. The people are finally gaining their legitimate power and freedom of choice.

Bibliography

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In the electoral process, the following stages can be distinguished: the appointment of elections, the creation of the necessary infrastructure, the campaign of candidates (nomination, registration of candidates, election campaigning), voting and tabulation (counting of votes, determining the voting results and election results). The time frame of the electoral process is determined by law and is specified by a special decision of the election commission conducting the elections - the calendar plan.

The legal mechanism to ensure the timely start of the electoral process is appointment of elections authorized body. Formally, it is expressed in determining the date of voting, but from the point of view of the legal nature, it is a law enforcement act that entails the emergence of electoral legal relations. At the same time, its legal structure provides the certainty necessary for the protection of electoral rights in the intention of state bodies to hold elections on a specific day [Article 10, Federal Law of 12.06.2002 N 67-FZ].

Under building infrastructure it should be understood the definition of territories (polling stations), the formation of bodies providing training - the appointment of election commissions, created ad hoc, and ensuring that they start their activities. The compilation of voter lists can also be attributed to interim measures (according to its legal meaning, this is the establishment of the circle of persons with active suffrage).

The campaign of candidates should be distinguished from the election campaign. A candidate's campaign is understood as the nomination of candidates representing the intention to nominate a candidate [Chapter V, Federal Law of 12.06.2002 N 67-FZ]. At present, such methods of nomination are possible as self-nomination and nomination by electoral associations and blocs (until recently, it was possible to nominate directly by voters). Registration differs from nomination - the acquisition of candidate status as a result of nomination (for candidates from political parties that have factions in the State Duma, this is enough), as well as the fulfillment of the necessary requirements - either collecting the required number of voters' signatures or making an electoral deposit. Registration as a candidate is impossible in case of non-election (as opposed to incompatibility, which in case of failure to perform the necessary actions entails the annulment of the election results) [Chapter V, Federal Law of 12.06.2002 N 67-FZ]. Registration as a candidate entails the acquisition of a special status, which is associated with both rights (for example, the right to appoint non-voting members of election commissions) and restrictions (for example, the obligation for civil servants to be released from official duties) [Chapter VI, Federal Law of 12.06.2002 N 67-FZ]. A candidate's campaign also includes campaigning, which can begin from the moment a candidate is nominated (except for campaigning in the media).

Legal regulation of voting includes the establishment of the entire procedure, including the rules for preliminary voting, the organization of voting in the premises designated for this and outside it on election day, the form of a ballot and an absentee certificate [Chapter IX, Federal Law of 12.06.2002 N 67-FZ].

It is necessary to distinguish between (1) the determination of the voting results - the fixation of the number of ballots submitted and their content - and (2) the determination of the election results - the adoption of a decision by the district election commissions and the election commission organizing the elections on the legal consequences of the voting (recognition of elections as valid, held and distribution seats between candidates, or the appointment of repeat elections) [Chapter IX, Federal Law of 12.06.2002 N 67-FZ].

Features of elections of the President of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies.

The peculiarities of legal regulation consist in the normative basis of their conduct, the subject of their appointment, the system of election commissions organizing the elections, the peculiarities of the financial support of the candidates' campaign and all elements of the electoral system.

Elections of the President of the Russian Federation and deputies of the State Duma of the Federal Assembly of the Russian Federation are held on the basis of special federal laws [Federal Law of January 10, 2003 N 19-FZ], [Federal Law of December 20, 2002 N 175-FZ], and elections of bodies state power of the constituent entities and elections of local self-government bodies - on the basis of the laws of the constituent entities of the Russian Federation.

At the elections of the President of the Russian Federation, a majority system is used in two rounds: an absolute majority in the first and a relative majority in the second (with the ensuing single single-mandate constituency, a system of election commissions headed by the CEC and the absence of district commissions, etc.) [Federal Law of 10 January 2003 N 19-FZ]. Half of the State Duma deputies (225) are elected in single-mandate constituencies using the majority system of relative majority, and half (225) - in a single constituency according to a proportional closed-list electoral system with a 7% barrier [Federal Law of December 20, 2002 . N 175-FZ].

As noted above, federal legislation requires the election of at least half of the legislative body of a constituent entity of the Russian Federation according to a proportional electoral system.

Appealing violations of electoral legislation and responsibility for its violation.

An appeal against actions and decisions that violate the electoral legislation is carried out to a court or, if it is about actions and decisions of an election commission, to a higher election commission. The rules for the protection of electoral rights in court are regulated, in addition to electoral legislation [ Chapter X, Federal Law of 12.06.2002 N 67-FZ], The Civil Procedure Code [Chapter 26, Code of Civil Procedure of the Russian Federation].

The electoral legislation provides for a number of administrative measures (for example, the cancellation of a decision on registration of a candidate by a higher election commission), special measures of responsibility, which are usually referred to as constitutional and legal responsibility under the electoral law (cancellation of the registration of a candidate), as well as law enforcement measures (invalidation of elections) ... The electoral legislation also regulates the procedure and conditions for the application of these measures [Chapter X, Federal Law of 12.06.2002 N 67-FZ].

In addition, administrative liability is possible in accordance with the Code of Administrative Offenses of the Russian Federation [Chapter 5, Code of Administrative Offenses of the Russian Federation] and the law on the media [Article 16_1, Law of the Russian Federation of December 27, 1991 N 2124-1 "On the Mass Media"], as well as criminal responsibility [Art. 141-142_2, Criminal Code of the Russian Federation]. Judicial practice also knows cases of bringing to civil liability for damaging activities within the framework of the election campaign.

Concept and types of referendums.

Referendum is a way of making some important decision or law. The procedure for its holding is based on the same principles as for holding elections (universal, equal and direct right to participate in a referendum, etc.).

In theory, types of referendums are distinguished depending on (1) the need for it to be held in accordance with the law (mandatory and optional); (2) the legal consequences of the decision-making (imperative and advisory, which is not provided for by the current legislation); (3) the nature of the decision to be made (r. On the adoption of a political decision, legislative, including constitutional, and plebiscite); (4) from the level of conduct (federal district, regional district and local district).

The legal regulation of the referendum is carried out by the framework electoral law [Federal Law of 12.06.2002 N 67-FZ], as well as by laws regulating separately each type of referendum, depending on the level of its holding, and the Federal Constitutional Law “On the Referendum of the Russian Federation” is in effect at the federal level. The latest political history of Russia knows the holding of all-Russian referendums on March 17, 1991 and April 25, 1993.

Referendum issues.

The legislation establishes restrictions on the content of questions submitted to a referendum. These restrictions are due to the fact that the referendum expresses the will of the population of a state-territorial or municipal formation, and therefore (a) should not be opposed to another form of expression of the population's opinion - the elections of state authorities and local self-government bodies [Resolution of the Constitutional Court of the Russian Federation of June 11, 2003 . N 10-P], (b) cannot go beyond the scope of jurisdiction of the state-territorial or municipal entity itself [Resolution of the Constitutional Court of the Russian Federation of 10.06.1998 N 17-P], (c) cannot create obstacles for taking urgent measures on protection, and also cannot restrict human and civil rights, which have priority over decisions of state power, even implemented by the people directly and (d) cannot give priority to the personal interests of voters to the detriment of the interests of society as a whole

In addition, the questions of the referendum should be formulated in such a way that the answer could unambiguously determine the will of the voters [Resolution of the Constitutional Court of the Russian Federation of 21.04.1993 N 8-P].

Procedure for Initiation, Appointment and Conduct of a Referendum Campaign. Determination of the results of the referendum.

There are circumstances that make it impossible to ensure the free expression of the will of the people and the presence of which makes it impossible to hold a referendum [Resolution of the Constitutional Court of the Russian Federation of June 11, 2003 N 10-P].

It is prohibited to initiate a revision of a referendum decision by initiating a new referendum on the same issue within 1 year.

The current Constitution of the Russian Federation and legislation provide the initiative for holding a referendum of the Russian Federation to at least two million citizens of the Russian Federation who have the right to participate in a referendum of the Russian Federation, and to the Constitutional Assembly (in the course of revising the Constitution of the Russian Federation).

The procedure for holding a referendum consists of the stages of expressing an initiative (creating an initiative group, registering it, collecting signatures, verifying that the wording of the issue is in accordance with the Constitution and legislation), scheduling a referendum, a referendum campaign, voting, counting votes and determining the results [Federal Constitutional Law "On the Referendum of the Russian Federation" ].

To make a decision in a referendum, more than half of those participating in the vote must vote for a certain option out of the proposed ones, provided that at least 1/2 of the citizens who have the right to participate in the referendum participate.

End of work -

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Constitutional law as a branch of law

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Legal aspect

The right to vote is implemented in practice in accordance with the established procedure. One of the main stages of these measures is the formation of a regime in accordance with which a vote is appointed by the bodies authorized to do this, or by the responsible officials. In addition, the procedure for rotation of the deputy composition of a regional representative state body is established by law.

The Constitution of the country regulates the conduct of elections exclusively to the federal structures of power. The procedure for the formation of representative local and regional bodies is enshrined in charters, laws, constitutions of subjects and municipalities. At the same time, federal laws ensure the electoral right through the compulsory appointment of a vote. The normative acts fix a unified approach to the issue of regulating the procedure for its appointment, as well as determining the list of authorized entities.

Elections and the electoral process: general information

The formation of representative federal bodies is carried out within the time limits established by law. Elections in Russia appointed by the president. Election Day is the first Sunday after the end of the constitutional period, for which the State Duma of the previous convocation was formed. If it is not appointed by the president, the term and procedure shall be established by the Central Election Commission. When the State Duma is dissolved at the same time, the Head of the country sets the date for early voting. If the president has not appointed a day, then it is also determined by the Central Election Commission. The date of voting for the head of state is determined by the Federation Council. Election Day will be the first Sunday after the end of the constitutional period for which he was elected. The calculation of this period is carried out from the date of his acceptance of powers. If the Federation Council does not set a date for voting, it will be determined by the Election Commission.

Deadlines

According to Federal Law No. 67 of June 12, 2002, with the early termination of the powers of state (federal), local, regional authorities, elections must be scheduled no later than 14 days after the end of the activities of these structures. Direct voting must be carried out no later than 180 and no earlier than 70 days from the date of the decision. The election commission sets the date as the first or second Sunday of the month that follows the date when the powers of the body or the deputies were terminated, or no later than 180 days from the date of the early termination of their activities.

A special case

The Law provides for a situation in which the election commission did not call elections or it is absent and cannot be formed in accordance with the established procedure. In this case, voting is established by a court of general jurisdiction in accordance with the statements of citizens, associations, the prosecutor, local and regional authorities.

Main Stages of the Electoral Process: Formation of Responsible Bodies

In some publications, this stage is taken out of the general framework. According to experts, one can agree with this in relation to the Central Commission, as well as the instances of the constituent entities of the Russian Federation. This is due to the fact that these structures are considered permanent. However, this provision does not apply to local, precinct and other territorial commissions. This is confirmed by the current legislation. In accordance with it, the main stages of the electoral process involve the formation of territorial authorized bodies no later than the established date of the scheduled vote.

The formation of competent structures is carried out on the principle of ensuring an independent status. The CEC is formed of 15 members. Five of them are appointed by the State Duma. They are candidates proposed by factions, other associations and Duma deputies. At the same time, only one member of the election commission is appointed from one association. 5 officials are appointed by the Federation Council. Representative and executive bodies of the regions propose candidates. The remaining five members are appointed by the President. The CEC is formed for 4 years.

Compilation of lists of voters

At this stage of the electoral process in the Russian Federation, the data obtained using the state registration (accounting) system are summarized. The procedure for forming the lists is established in the corresponding Federal Law and other regulations. The lists include all citizens of the Russian Federation who, at the date of the voting, have the right to vote. According to regional laws, the lists also include foreigners who have reached the age of 18, who have not been recognized as incompetent by the court, who are not held in a place of imprisonment by sentence, and who predominantly or permanently reside within the municipality of the Russian Federation where the vote is held. The voter list is formed by the relevant commission. In this case, an automated information system can be used.

Formation of plots

An electoral district is formed for voting in the respective territory. The formation of these elements is carried out in accordance with the lists of registered citizens. Each electoral body is established according to a general scheme adopted by the competent body. The determination of the procedure for the formation of precincts is carried out no later than 70 days before the date of voting. The constituency has its own boundaries. It can include an administrative-territorial unit, a municipality, or a settlement. The electoral commission determines the number of the precinct and its center. The approval of the provided scheme for the formation of territories for voting is carried out by the relevant representative body of state power or local self-government.

Basic requirements for schemes for creating plots

When holding elections in constituencies, the approximate equality of single-mandate territories in terms of the number of registered voting citizens must be observed. The permissible deviation from the average rate is no more than 10%, for hard-to-reach and remote areas - 15%. When forming multi-mandate constituencies, an approximate equality of the number of voters per mandate should be observed. When plots are formed in territories where small peoples live, the permissible deviation from the norm of representation cannot be higher than the established limit and no more than 30%. The formation of a district from non-bordering districts is not allowed, except for cases that are regulated in the Federal Law and the laws of the regions.

Nomination of candidates

At this stage of the electoral process in the Russian Federation, lists of citizens running for representative bodies are provided. The Federal Law establishes a certain procedure for nominating candidates in the structure of associations. In Russia, in the formation of various representative bodies, different electoral systems are used. Political parties determine their candidates in the highest forums by secret ballot.

Undoubtedly, this order cannot fully guarantee the democratic procedure, since much depends on the atmosphere within the association. Nevertheless, at this stage of the electoral process in the Russian Federation, the minimum equal initial opportunities necessary for participation in fair and fair competition are provided. The presentation of candidates can also be carried out through self-nomination. They are also nominated at the initiative of voters or a group of voters who have active rights. In this case, a notification is sent to the authorized body, where the registration of candidates will be carried out.

Collection of signatures

At this stage of the electoral process in the Russian Federation, those candidates who will be registered are determined. Signatures are collected in their support. Their maximum number should not be more than 2% of the number of voters who are registered in the district. Certain conditions must be met when collecting signatures. They are designed to ensure the "cleanliness" of this procedure. In addition, the Law establishes the rules of conduct for the candidates themselves during this process, including those who have not yet been registered. So, in particular, it is prohibited to use the advantages of service or official status. It involves, for example, attracting subordinates, other employees of municipal and state structures to collect signatures during their working hours.

Registration of candidates (their lists)

This procedure, on the one hand, is a legal fact that opens the next stage of the electoral process. On the other hand, this is an exclusively organizational aspect. Candidate registration is subject to strict documentation. The implementation of this task can be carried out in different ways. First of all, according to the requirements of the Federal Law, it is necessary to have a set number of signatures collected in support of citizens running for office. An application for self-nomination of a candidate, representation of voters or their groups, associations, blocs that have nominated their members must also be submitted. In addition, there must be written confirmation from candidates about their consent to run.

Agitation

The election campaign involves certain activities of citizens, candidates, blocs and associations, public organizations with the aim of encouraging or already encouraging citizens to participate in the voting. At the state level, the opportunity is provided to carry out free campaigning within the framework of the law. An election campaign can be carried out with the participation of the media, by convening meetings with citizens, public debates, rallies, discussions, processions, demonstrations and other manifestations, as well as with the release and distribution of relevant printed materials. A candidate, association or bloc can independently determine the nature and form of campaigning. Members of election commissions, government agencies, religious associations, officials of government agencies, local government bodies, charitable foundations in the performance of their official duties are prohibited from participating in events.

Abuse of freedom of the media is not allowed during the pre-election race. Agitation that can inflame national, racial, religious, social enmity and hatred, forcibly change the constitutional order, lead to the seizure of power and the violation of the integrity of the country is prohibited. The propaganda of military actions and other measures that contradict the law are not allowed. The election campaign starts from the date of registration of candidates and ends one day before voting at 00.00. Within three days before the specified date, the publication of the results of polls, the forecast of the election results and other research related to the process is not allowed.

The final stage

The last stage of the process involves voting for candidates, counting the votes and determining the results. This stage is considered the most responsible of all. Before direct voting, the electoral commission approves the text of the ballot, and also controls the production and supply of the forms of the lower authorized bodies. The procedure is carried out on a weekend. The time for voting is set from 8 to 22 hours.

Precinct and territorial commissions inform voters about the place and time no later than 20 days before the set date. Each citizen casts his or her vote personally. It is not allowed to use the suffrage of another person. The authorized body must provide all citizens with the opportunity to take part in the voting, including those who, for health reasons or for other valid reasons, cannot do this on their own. If the procedure is carried out outside the appropriate room, observers may be present during the procedure.

Features of filling out ballots

Directly the voting of a citizen is carried out in a special room or booth. The presence of other persons is not allowed in these premises. If a voter cannot fill out the ballot by himself, he has the right to use the help of another person. In this case, the latter should not be a member of the commission, be a candidate or his proxy, an authorized representative of an association or bloc, as well as an observer. Completed ballots are dropped into special boxes.

Counting votes

It is carried out by the members of the commission. During the counting of votes, ballots in which it is not possible to establish the will of citizens, as well as forms of an unspecified form, are recognized as invalid. The calculation results are recorded in special protocols. To eliminate the likelihood of falsification of the results, the procedure begins immediately after the expiration of the voting time and is carried out without interruption. All members of the commission, observers, associations and blocs must be notified of the voting results. In accordance with the data of the protocols of the authorized bodies, the total total for the territory is determined. A protocol is also drawn up about this and signed by members of the commission with the right to vote.

An important point

The member of the commission is subject to immediate suspension from participation in the work, and the observer is subject to removal from the relevant premises in cases established by law. In particular, this can take place in the presence of violations by the specified persons of the secrecy of the vote or in their attempt to influence the expression of the will of the voting citizen. The decision on dismissal is made by the precinct commission.

Finally

Elections are declared invalid if the district commission found violations that do not allow to reliably establish the results of the will of citizens, they are also considered invalid by a court decision. All documents of authorized bodies at all levels, including bulletins, are subject to storage for the periods provided for in the legislation. These periods cannot be less than one year. For protocols of commissions, the storage period is at least 1 year from the date of the announcement of the next vote of the same level. The final results of the elections are subject to publication. The publication is carried out in the official media. Publication is carried out as soon as possible after the results of the elections are established in order to familiarize with the results of all citizens of the Russian Federation and representatives of the world community.