SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2020.

Legal Status of Participating Commissions in the Russian Federation: Critical Analysis

Author(s)
Khvalev Sergei Anatolyevich
Abstract
The activity of the bodies, whose aim is to ensure the process of periodic renewal of power, is the object of close attention from the society side. And it simply cannot be the other way, since elections based on democratic principles are the basic social need, while the power changed in a civilized way is a condition for the progressive development of all social institutions, a guarantee that everybody is equal before the law, as well as a precondition for a fair division of public wealth. At the same time, in the context of any election campaign the main burden of responsibility, when we speak about professionalism in the organization of election procedures, as well as legality and reliability of the results of voting, is held by election commissions at the precinct level. In connection with it there is a completely logical question, regarding the basis for the effective operation of these bodies. The general factor of the optimal activity of precinct commissions is the competent and balanced legal regulation of their legal status. Thus, incomplete or contradictory legislative regulation of any of these elements of the legal status of precinct commissions brings to nothing any preconditions for professional and efficient work of such bodies. In this study we are going to consider theoretical and practical problems in the activities of precinct commissions in the Russian Federation, arising because of weak legislative regulation. The study concluded that the regulation of the legal status of precinct commissions in Russia is far from perfect. The recently updated mechanism for the formation of such commissions has aggravated the situation. The study proves the fact that in solving such difficulties as improving the professionalism of members of precinct commissions, the progressive formation of precinct commissions there are no advancements, which weakly contributes to the development of the electoral system as a whole.
About the Authors

Khvalev Sergei Anatolyevich

deputy general director of Limited Liability Company «Rusit».

664014, Irkutskaya oblast, Irkutsk, 16 Marata St.

email:skhvalev83@gmail.com

For citation
Legal Status of Participating Commissions in the Russian Federation: Critical Analysis. Sibirskij yuridicheskij vestnik, 2020, no 1 (88), pp. 28–37. (in Russian)
Keywords
elections, electoral process, electoral system, precinct commissions, electoral body, commission member, status of precinct commissions, responsibility, decision of a commission, voting results
UDC
342.846.4
References

1. Alekhina I.S. The system of election commissions in the Russian Federation. Administrative consulting, 2014, no. 4, pp. 127-134. (in Russian)

2. Aliev T.T., Anichkin I.M. The legal status of election commissions in the Russian Federation. Modern Law, 2012, no. 5, pp. 62-65. (in Russian)

3. Bondar N.S., Dzhagaryan A.A. The constitutional value of electoral rights of the Russian citizens. Moscow, 2005. 334 p. (in Russian)

4. Buzin A.Y. Problems of the legal status of election commissions in the Russian Federation. Cand. sci. diss. Moscow, 2004. 166 p. (in Russian)

5. Verzilina I.G. More on the system of election commissions. Newsletter of the Moscow State Regional University, 2013, vol. 2, no. 5, pp. 103-106. (in Russian)

6. Verzilin I.G. Professionalization of precinct election commissions: theory and practice. Newsletter of the Vyatka State University, 2014, no. 1, pp. 35-38. (in Russian)

7. Viskulova V.V. Another attempt to stabilize the institution of elections: whose rights are guaranteed? Constitutional and municipal law, 2013, no. 7, pp. 55-62. (in Russian)

8. Volkova L.D. The problems of legal regulation of organization and activities of electoral commissions for preparation and conduction of federal elections in Russia. Cand. sci. diss. abstr. Tyumen, 2000, 167 p. (in Russian)

9. Ignatenko V.V. The place and role of precinct election commissions in the system of election commissions in the Russian Federation. The Electoral Law, 2013, pp. 46-58. (in Russian)

10. Veshnyakov A.A. (ed.) Electoral Law and Electoral Process in the Russian Federation: the textbook for universities. Moscow, 2003, 807 p. (in Russian)

11. Kadomtseva E.A. Electoral bodies of foreign countries: a comparative legal aspect. “Concept” scientific and methodical online journal, 2017, vol. 39, pp. 2316-2320. (in Russian)

12. Knyazev S.D. The legal status of election commissions in the Russian Federation: prospects for development. Journal of Russian Law, 1999, no. 10, pp. 36-45. (in Russian)

13. Mazova O.V. Features of the legal responsibility of the election commission as a legal entity. Journal of Russian Law, 2009, no. 9, pp. 127- 131. (in Russian)

14. Makartsev A.A. The organizational and legal structure of election commissions in the Russian Federation: problems of realization of the legal status. Newsletter of Tomsk State University. Law, 2014, no. 3 (13), pp. 51-52. (in Russian)

15. Malinin A.E. Problems of improving the federal and regional legislation on elections and referendums evidenced from the Shchelkovsky municipal district. Newsletter of the Moscow State Regional University, vol. 2, no. 5, pp. 73-77. (in Russian)

16. Mateykovich M.S., Suchilin V.N. The Constitution and the status of election commissions in Russia. The State and Law, 2013, no. 12, pp. 54-63. (in Russian)

17. Mironov N.M. The Institute of Election Commissions in Russia: Development Trends and Role in the Electoral Process. Comparative Constitutional Review, 2007, no. 2 (59), pp. 48-63. (in Russian)

18. Mushketov K.M. The legal status of election commissions in the Russian Federation: more on the correlation between the norms of constitutional and civil law. The Leningrad Law Journal, 2009, no. 3, pp. 56- 67. (in Russian)

19. Veshnyakov A.A. (ed.), Lysenko V.I. (sci. ed.). Scientific and practical comments to the Federal Law “On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”. Moscow, 2003. 708 p. (in Russian)

20. Ovchinnikov N.I. The 15th anniversary of the system of election commissions in the Russian Federation. Actual problems of the Russian law, 2009, no. 2, pp. 138-144. (in Russian)

21. Petukhov Y.F. Characteristics of the legal status of an election commission of an entity of the Russian Federation under conditions of reforming of the electoral legislation. Cand. sci. diss. abstr. Moscow, 2003. 23 p. (in Russian)

22. Rykova L.V. Independence of precinct election commissions as the constitutional principle of their activity. Actual Issues of the Development of Modern Society. Proc. 4th international scientific-practical conference, 2014, vol. 3, pp. 358-389. (in Russian)

23. Semenova E.V. Actual problems of formation of precinct election commissions. Modern problems of lawmaking and law enforcement. Proc. of the All-Russian Student Scientific and Practical Conference. Irkutsk, 2017, pp. 77-81. (in Russian)

24. Starovoitova E.I. The legal status of election commissions: the example of the electoral legislation in the CIS countries. Siberian Law Herald, 2014, no. 4 (67), pp. 132-138. (in Russian)

25. Starovoitova E.I. Implementation of the principle of legality in the activities of election commissions in the Russian Federation. Newsletter of the Speransky Institute of Legislation and Legal Information, no. 1 (28), pp. 24-29. (in Russian)

26. Khvalev S.A. The concept of single voting days in the Russian electoral Law: reality and possible prospects. The Electoral Law, 2012, no. 3, pp. 20-24. (in Russian)

27. Tsvetkova Y.S. Election commissions in a democratic rule-of-law state: the notion and characteristics. Modern trends in the development of science and technology, 2015, no. 2, pp. 65-69. (in Russian)

28. Lopez-Pintor Rafael. Electoral Management Bodies as Institution of Governance. New York, 2000. 251 p.


Full text (russian)