избирательное законодательство

Problems and prospects for the development of the legal status of election observers in the Russian Federation

Introduction. The functioning of election observers in the Russian Federation is directly related to ensuring and implementing publicity in the activities of election commissions. The study of the features of the legal status of observers is one of the most popular electoral topics in the modern scientific community, the relevance of which is objectively due to the significance of the functioning of the above-mentioned participants in the electoral process. Theoretical analysis. The current electoral legislation establishes an exhaustive definition of the term of “observer”, which rightly focuses on the grounds for obtaining the appropriate status, and also emphasizes the importance of the functioning of observers at certain stages of the electoral process. Empirical analysis. The legal status of observers is regulated in detail by the electoral legislation of the Russian Federation, however, the main attention is paid to their rights, while the obligations of these participants in electoral legal relations are fixed fragmentarily. Results. The author identified practical problems in the activity of election observers in the Russian Federation (the priority of political attitudes in the activity of observers; the low level of legal culture and electoral literacy of observers; the spread of illegal behavior among observers), the development of which is facilitated, among other things, by the significant predominance of powers in the status of these persons. Based on the analysis, it is noted that there is a need to systematize existing norms and fill in existing legal gaps, in connection with which proposals are formulated to regulate the duties of observers in the Federal Law "On basic guarantees of electoral rights and the right to participate in the referendum of the citizens of the Russian Federation".

 Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 2
Constitutional legal regulation of the use of information technologies in the electoral process of the Russian Federation: Problems and prospects for development

Introduction. Currently, information technologies occupy an important place in the life of every person and they are actively used in all spheres of the life of society and the state. The electoral process is one of the spheres of active use of the latest information technologies. Thus, in the elections and referenda Russia regularly uses electronic devices for voting, vote counting and data transfer within the system of election commissions, as well as means of video surveillance and broadcasting of images in the premises for voting. Theoretical analysis. Analyzing the legal basis for the use of information technologies in the electoral process of the Russian Federation, it should be noted that the importance of these technologies is emphasized in the latest edition of the Constitution of the Russian Federation. The electoral legislation of the Russian Federation is very large-scale and, in addition to the basic Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, the organizational and legal features of the use of information technologies are regulated by a number of legal acts. Empirical analysis. Considering the fact that information technologies have been used in various forms in the Russian electoral process for a long time, their significant technical changes should be emphasized. The analysis of the various aspects of the use of these technologies has allowed to allocate their advantages and disadvantages. Results. The author identified the problems of legal regulation of stationary and remote electronic voting and also the problems of using video surveillance and image broadcasting, including on the Internet. The author also stresses the need to systematize the existing rules and fill existing legal gaps and, therefore, the proposals on regulation of the organizational and legal features of the use of these technologies in the Federal Law “On electronic voting in the Russian Federation”.

 Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 2
Consolidation of the Principles of Electoral Law in the Constitution of the Russian Federation

Introduction. The article deals with the legal regulation of the universal principles of the electoral law of the Russian Federation: the principle of universal suffrage, the principle of equal suffrage, the principle of direct suffrage and the principle of secret ballot. Theoretical analysis. These principles are fully regulated by the federal legislation. However, the current Constitution of the Russian Federation consolidates them only in respect of the election of the President of the Russian Federation. The article also analyzes the legal position of the Constitutional Court of the Russian Federation and international electoral standards. Results. The author formulated proposals on the consolidation of the universal principles of electoral law in the Constitution of the Russian Federation in case of a possible further revision.

 Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 2