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

List of issues > Siberian Law Herald 2024. 2

Received on 25.03.2024; approved on 25.04.2024; accepted for publication on 08.05.2024



Constitutional responsibility of election commissions: experience of modern states

Author(s)
Fomenko Andrey Aleksandrovich
Abstract
It is noted that elections are a traditional way of forming government bodies in democratic states, on the legality of which the legitimacy of elected persons depends. Legitimacy depends on public confidence in electoral institutions, including electoral bodies. It has been established that this legitimacy is ensured through the institution of constitutional and legal responsibility of electoral bodies. The definition of such constitutional and legal responsibility was presented, an analysis of the approaches existing in foreign states to the establishment of measures of constitutional and legal responsibility of election commissions was carried out. The dualism of understanding of the constitutional and legal responsibility of electoral bodies in the scientific literature is stated. It was revealed that the establishment of collective responsibility of the electoral body is extremely rare in electoral legislation, but it is found in Russia and Mexico. In some states, the mechanism of constitutional and legal responsibility of electoral bodies is implemented by Ad Hoc and is used to resolve political crises that have arisen. In particular, such a mechanism was provided in Kenya and Libya. It is concluded that the measures of constitutional and legal responsibility of electoral bodies are applied in foreign states, as a rule, Ad hoc and are established by normative constitutional treaties. Such measures often serve as a mechanism for resolving political crises, rather than a standardized rule for organizing the electoral system. It is emphasized that as a result of the analysis of existing approaches, it is advisable to establish additional measures of constitutional and legal responsibility of electoral bodies in Russian electoral legislation, including the suspension of their activities
Keywords
constitutional and legal responsibility, election commissions, disbandment of commissions, suspension of the activities of commissions, responsibility, organization of state power, electoral system, electoral law
About the Authors
Fomenko Andrey Aleksandrovich – Applicant for the Department of Constitutional and Administrative Law, Faculty of State Law and National Security, Baikal State University (11, Lenin st., Irkutsk, 664003, Russian Federation), ORCID: 0009-0001-1023-9547, e-mail: fomenko86@gmail.com
For citation
Fomenko A. A. Konstitucionnaya otvetstvennost' izbiratel'nyh komissij: opyt sovremennyh gosudarstv [Constitutional responsibility of election commissions: experience of modern states] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2024, no 2(105), pp. 29–35. – DOI 10.26516/2071-8136.2024.2.29 (in Russian)
UDC
342.8
DOI
https://doi.org/10.26516/2071-8136.2024.2.29
References
1. Bogolejko A.M. Konstitucionno-pravovaya otvetstvennost v sfere izbiratelnyh pravootnoshenij Respubliki Belarus [Constitutional and legal responsibility in the sphere of electoral legal relations of the Republic of Belarus]. Pravo.by, 2012, no. 3 (17), рр 30-38. (in Russian)

2. Golovchenko I.F. Izbiratelnye pravonarusheniya v zakonodatelstve zarubezhnyh gosudarstv [Electoral offenses in the legislation of foreign countries]. Probely v rossijskom zakonodatelstve [Gaps in Russian legislation], 2015, no. 1, рр. 27-32. (in Russian)

3. Kashenov A.T. Normativnyj dogovor kak istochnik konstitucionnogo prava Rossijskoj Federacii [Normative agreement as a source of constitutional law of the Russian Federation]. Vestnik TGPU [Bulletin of TSPU], 1999, no. 3 (13), рр. 17-20. (in Russian)

4. Kochev V.A., Romashov P.A. Normativnyj dogovor kak istochnik konstitucionnogo prava RF [Normative agreement as a source of constitutional law of the RF]. Ex jure, 2018, no. 3, pp. 19-33. (in Russian)

5. Morozova L.A. Problemy pravovoj otvetstvennosti gosudarstva, ego organov i sluzhashchih: nachalo (“kruglyj stol”) [Problems of legal responsibility of the state, its bodies and employees: the beginning (“round table”)]. Gosudarstvo i parvo [State and law], 2000, no. 3, pp. 21-29. (in Russian)

6. Lafitskij V.I., Efimova L.M., Orlov A.G. Sovremennye izbiratelnye sistemy. Vyp. 14. Uzbekistan, Tailand, Kuba [Modern electoral systems. Vol. 14: Uzbekistan, Thailand, Cuba]. Eds. V.I. Lafitskij, V.I. Lysenko. Moscow, RCOIT Publ., 2019. 440 p.

7. Sravnitelnoe izbiratelnoe prav [Comparative suffrage]. Textbook. Moscow, Norma Publ., 2003, 208 p. (in Russian)

8. Baranger D. The Language of Eternity: Judicial Review of the Amending Power in France (or the Absence Thereof). Israel Law Review, 2011, vol. 44, no. 3, pp. 389-428.

9. Dietze G. Unconstitutional Constitutional Norms? Constitutional Development in Postwar Germany. Virginia Law Review, 1956, vol. 42, no. 1, pp. 1-22.


Full text (russian)