The basis of a modern hut. rights laid down principles general, direct, secret and equal elections . This assumes that all adult citizens of the state, regardless of gender, race, nationality, age, religion, place of residence, directly choose all verticals of power. Voting is carried out secretly, i.e. no one has the right to know for whom he voted without the knowledge of the citizen himself.

The principle of universality presupposes that citizens who have reached the age established by law have the right to vote, and that there should be no property or other restrictions. In fact, there is a general hut. the right is limited to participation in elections only by the electorate, that is, those citizens who by law have the right to vote. As a rule, the electorate and the total number of citizens who reached the huts. ages do not match. According to the Code of the Russian Federation, citizens declared incompetent by a court, persons held in prison by a court verdict, as well as those against whom a preventive measure has been chosen is detention.

The principle of equality means that voters have an equal number of votes. Number of voters in each hut. the district should also be approximately equal. However, in practice these requirements are not always met, and the “one person, one vote” rule is violated. The way the district boundaries are drawn is important.

As noted in the resolution of the Constitutional Court of the Russian Federation of March 23, 2000 in the case of verifying the constitutionality of Part 2 of Art. 3 Laws Orenburg region dated September 18, 1997 “On the elections of deputies of the Legislative Assembly of the Orenburg Region” in connection with complaints received from citizens, the very provision on holding elections by majority vote. system simultaneously in single- and multi-mandate huts. districts may not contradict the Code of the Russian Federation and the equality of rights of citizens enshrined in it to elect and be elected to bodies public authority. However, this is allowed only if equal conditions for the sale of huts by citizens are guaranteed. right Since the contested regional Law did not provide for such guarantees, giving voters an unequal number of votes in different districts, it was declared unconstitutional in the part that allowed such inequality. In order to exclude the possibility of violating the principle of equal representation, izb. The law provides for the use of a number of legal entities. mechanisms. In particular, it contains a set of rules (requirements) for the procedures for the formation of huts. districts.

73. Principles of citizenship of the Russian Federation: mechanisms for resolving citizenship issues.

The principles of citizenship of the Russian Federation and the rules governing issues of citizenship of the Russian Federation cannot contain provisions limiting the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation.

1. Citizenship of the Russian Federation is uniform. By virtue of federal structure In Russia, this principle is one of the most important and is enshrined in the Constitution (Article 6). Single citizenship in a federal state necessary condition its sovereign status, maintaining its integrity.

2. Citizenship of the Russian Federation is equal regardless of the grounds for acquisition. The legislation does not establish any specifics in the legal status of persons who have become citizens of the Russian Federation for various reasons: by birth, in connection with admission to citizenship, restoration of citizenship, adoption, etc. The time of acquisition of citizenship has no legal significance.

3. Russian citizenship is open and free. 1) this is expressed in the fact that, according to the Law, in the Russian Federation every person has the right to citizenship; in the presence of such a form of acquisition of citizenship as admission, which is also carried out on grounds accessible to a person. In accordance with international human rights documents calling on states to strive to reduce the number of stateless persons, the Russian Federation is pursuing an active policy in this regard, encouraging the acquisition of Russian citizenship by stateless persons living on its territory and without preventing them from acquiring another citizenship. 2) the free nature of citizenship of the Russian Federation is expressed in the fact that the Constitution and the Law establish the right of a citizen to change citizenship. No one can be deprived of this right.

4. A citizen of the Russian Federation cannot be deprived of his citizenship. Deprivation of citizenship is the termination of civil ties at the initiative of the state, unilaterally, without providing for the consent of the citizen as a condition. The prohibition in the Code of the Russian Federation and in the Law on Citizenship to deprive a person of citizenship follows from the human right to citizenship, the bilateral nature of the connection between a person and the state, which presupposes the termination of this connection by both parties only by mutual consent.

5. A citizen of the Russian Federation may have citizenship of a foreign state ( double citizenship) . This opportunity is provided acc. from fed. law or international treaty of the Russian Federation (Article 62 of the Code of the Russian Federation).

Citizens of the Russian Federation who also have another citizenship cannot, on this basis, be limited in their rights, evade fulfillment of duties or be released from responsibility arising from citizenship of the Russian Federation. Their military or alternative service is regulated by international treaties of the Russian Federation and the Federal Republic. laws.

6. Russian legislation comes from from the principle of maintaining Russian citizenship by persons living outside its borders. This kind of principle follows from the natural right of a person to choose his place of residence, freely travel outside the Russian Federation and return without hindrance. Denial of this freedom in the past was a gross infringement of human rights and freedoms.

7. Russian citizenship is based on denial of its automatic change upon conclusion or divorce of a marriage by a citizen of the Russian Federation with a person not belonging to its citizenship, as well as upon change of citizenship by the other spouse. This principle reflects the essence of citizenship as an individual, personal connection between a person and the state, the inadmissibility of automatic termination of citizenship, without the will of the person and compliance with the established procedure.

8. The Russian Federation guarantees its citizens protection and patronage outside its borders. This principle is enshrined in the Code of the Russian Federation (Article 61) and in the Law on Citizenship. A citizen of the Russian Federation cannot be expelled from its borders or extradited to another state. For crimes committed by a Russian citizen abroad, he is subject to criminal prosecution. responsibility under the laws of your country. This principle expresses the responsibility of a citizen to his state, the need to ensure the guarantees adopted in the state for the protection of his rights and interests in the country. process.

Presidential elections in the Russian Federation are held at least once every 6 years, unless early elections are scheduled. Elections of the President of the Russian Federation are appointed by the Federation Council of the Federal Assembly.

Citizens of the Russian Federation who have reached the age of 18 on voting day have active voting rights in the elections of the President of the Russian Federation, with the exception of those who are incapacitated and those who are in prison by a court verdict. Moreover, each voter, regardless of any qualifications, gender, place of residence, etc., has one vote.

A candidate for President of the Russian Federation must meet the following requirements :

have Russian citizenship (acquired for any reason);

be at least 35 years old (legislation does not establish an age limit;

according to the 1978 Constitution, the candidate could not be older than 65 years); reside permanently in Russian Federation at least ten years (there is no indication of the need for continuous residence during this period;

in addition, the candidate may reside or be located outside the territory of the Russian Federation during the preparation and conduct of the elections of the President of the Russian Federation).

A citizen of the Russian Federation cannot be elected President of the Russian Federation in respect of whom a court verdict depriving him of the right to hold public office for a certain period of time has entered into force and this period has not expired by voting day, as well as in early elections - a citizen of the Russian Federation who filled the post of President of the Russian Federation and terminated the exercise of powers early due to voluntary resignation , persistent inability for health reasons to exercise assigned powers or removal from office.

Nomination of candidates Maybe:

political parties , electoral blocs, while a party, bloc can nominate only one candidate, including those who are not a member of this party or parties and associations included in the electoral bloc;

by self-nomination, that is, by the citizen himself, who has a passive voting right, subject to the support of his self-nomination by a group of voters of at least 500 people.

Registration of candidates carried out by the Central Election Commission after verifying at least 2 million voter signatures collected in support of a candidate. At the same time, one subject of the Russian Federation should have no more than 50 thousand signatures, i.e. the candidate must receive preliminary support in at least 40 Russian regions (about half). Elections of the President of the Russian Federation are carried out in a single (all-Russian) single-mandate electoral district, the results of the elections are determined by the Central Election Commission.

For determination of election results The majoritarian electoral system of absolute majority is used: A candidate who receives more than half of the votes (50% plus one vote) who took part in the voting is considered elected. At the same time, the voter turnout threshold for the elections to be recognized as valid is 50% of the number of voters with active voting rights. If the number of votes cast for the candidate who received greatest number votes compared to other candidates will be less number votes cast against all candidates, and if none of the two registered candidates received more than 50% of the votes, the elections are declared invalid. If none of the three or more candidates received an absolute majority, then after 21 days a repeat vote is held (second round) on the two best candidates, i.e. those who received the largest number of votes in the first round. If by the day of the re-vote one of them drops out, then the next candidate according to the number of votes received in the first round is included in the race for the post of President of the Russian Federation.

If the elections of the President of the Russian Federation are declared invalid or invalid, then repeat elections are scheduled, which must take place no later than four months later.

Constitutionally – legal status The President of the Russian Federation includes the following elements:

1) legal norms defining the procedure for elections and assumption of office of the President of the Russian Federation;

2) legal norms establishing the competence of the President of the Russian Federation (Article 80 of the Constitution of the Russian Federation);

3) legal norms governing the procedure for terminating the powers of the President of the Russian Federation.

Functions of the President of the Russian Federation:

representative function: being the head sovereign state, The President represents the Russian Federation as in international relations, and within the country – in relations with the constituent entities of the Russian Federation, municipalities etc.

guarantor function Constitution of the Russian Federation, rights and freedoms of man and citizen, sovereignty, independence and state. integrity of the Russian Federation;

ensuring consistent functioning and interactions between organs state power various branches and levels;

determination of the main directions of domestic and foreign policy state in accordance with the Constitution of the Russian Federation and federal laws.

Powers of the President of the Russian Federation:

1.Powers related to the formation of other government bodies and the appointment of officials:

appointment with consent State Duma Chairman of the Government of the Russian Federation; appointment of members of the Government on the recommendation of the Chairman of the Government of the Russian Federation;

making a decision on the resignation of the Government of the Russian Federation;

appointment of judges of federal courts (with the exception of judges of higher courts - Constitutional Court RF, Supreme Court RF, Higher Arbitration Court RF;

submission to the State Duma of a candidate for appointment to the position of Chairman of the Central Bank of the Russian Federation;

2. Powers to interact with the Federal Assembly, participate in the legislative (rule-making) process, and ensure the coordinated functioning of government bodies:

calling elections of deputies to the State Duma;

the right to dissolve the State Duma in cases provided for by the Constitution of the Russian Federation;

calling a federal referendum;

possessing the right of legislative initiative;

the right to chair meetings of the Government of the Russian Federation;

the use of conciliation procedures to overcome disagreements between federal and regional government bodies. authorities, as well as between regional government bodies (including going to court to resolve the dispute);

repeal of acts of the Government of the Russian Federation in case of their contradiction to the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation and suspension of acts of executive authorities of constituent entities of the Russian Federation in case of their contradiction to the Constitution of the Russian Federation, federal laws, international obligations of the Russian Federation or violation of human rights and freedoms.

3.Powers in the field of foreign policy:

leadership foreign policy Russian Federation;

publication of acts on the recognition of foreign states and the establishment of diplomatic relations;

negotiations and signing international treaties RF;

appointment and recall of diplomatic representatives of the Russian Federation in foreign states and international organizations.

4.Powers in the field of defense and security:

approval of military doctrine;

appointment and dismissal of the highest command of the Armed Forces of the Russian Federation;

formation of the Security Council of the Russian Federation and management of its activities;

exercise of powers of the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation(constantly: both in peacetime and in war time);

introduction throughout the Russian Federation or in certain areas of special legal regimes martial law.

5.Powers in the field legal regulation personality status:

resolving issues of citizenship and granting political asylum;

establishment state awards, awarding state awards, giving consent to receive state awards of foreign states, conferring honorary titles;

implementation of pardon.

The powers of the President are exercised through the adoption of legal acts. Acts of the President cannot contradict the Constitution of the Russian Federation and the Federal Constitution. laws

The principle of universal suffrage means that every citizen, regardless of gender, race, language, nationality, origin, property status, official status, place of residence, religion, affiliation public associations etc. has the right to vote and be elected.

Of course, restrictions on universal suffrage are possible if they are dictated by the need to protect the interests of democratic society. Such restrictions include: the so-called age limit (a restriction related to the establishment of a minimum age at which a person has the right to participate in elections), restrictions on the participation in elections of persons recognized by the court incompetent. Persons held in places of deprivation of liberty under a court sentence also do not have the right to vote or be elected. The legislation provides for restrictions related to the status of a parliamentarian, elected official, including the inability to be in state or municipal service, to be a member of a legislative (representative) body of state power, a representative body of local self-government, or to engage in other paid activities. This is, for example, holding one position no more than 2 times in a row, deprivation of the right to hold certain positions; reaching a certain maximum age.

Restrictions on universal suffrage also include other qualifications: citizenship, residence, language, property, etc. Thus, in accordance with the Constitution of the Russian Federation, 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 (Article 32, Part 2 of the Constitution of the Russian Federation). The Constitution of the Russian Federation provides for a residence qualification for passive suffrage for the post of President of the Russian Federation. According to Art. 81 Part 2 of the Constitution of the Russian Federation A citizen of the Russian Federation who is at least 35 years old and has permanently resided in the Russian Federation for at least 10 years can be elected President of the Russian Federation. Resolution of the Constitutional Court of the Russian Federation dated April 27, 1998 N 12-P.

The principle of universal suffrage in Russia is the most criticized in scientific literature. For example, some scientists say that “by proclaiming in law the principle of universal suffrage, we know in advance that even with the most minimum quantity it actually is not a qualification. Maybe instead of explaining every time in every election study that the universal suffrage does not mean suffrage for all, remove this declaration from legislation or proclaim its implementation as a promising goal for the development of suffrage in the future.” It seems that such statements do not in any way detract from the rights to the existence of the principle of universal suffrage as the basis for the legal regulation of electoral relations.

The principle of equal suffrage presupposes the creation equal conditions and opportunities for exercising voting rights. As noted in the literature, it is a consequence and one of the most important manifestations of the constitutionally guaranteed equality of citizens. Equality of voting rights is ensured, first of all, by each voter having the same number of votes. Depending on the electoral system Each voter can have more than one vote. Therefore, it is important that all voters have them equally. For example, in parliamentary elections in Germany, each voter has two votes, and in elections of representative bodies of local government in Bavaria - three. In addition, it is necessary that all votes have equal weight, i.e. equal influence on the election result. This is achieved by ensuring a uniform norm of representation: for each deputy there must be the same number of residents (sometimes voters).

The principle of equal suffrage is contradicted by a plural vote (literally, multiple voting). According to this principle, some voters may, depending on the circumstances, have more votes than others.

The principle of equal suffrage is also contradicted by curial elections, which pre-divide voters into groups - curia (for example, according to nationality, religion, class-caste and other criteria) with a predetermined number of mandates provided to each of these groups. For example, in China, a special curia is represented by PLA military personnel, who have special representation in assemblies of people's representatives; in Botswana, Gambia, and Sierra Leone, special electoral curiae are created for tribal leaders.

Minor restrictions on this principle are allowed by legislatively establishing qualifications.

The principle of direct suffrage is not enshrined in international level and may not be reflected in legislation. This principle means that citizens can directly elect representative bodies of state power and local government at any level. In contrast to direct elections, the legislation of a number of states also provides for indirect elections. At the same time, voters create a special electoral college, which then elects the composition of the necessary body. Multi-stage elections are also known in world practice, when ordinary voters directly form only the bodies of the lowest level, and they then elect in order of priority higher authorities state power or local government.

The basic principles of suffrage and the electoral system are universality, equality and direct suffrage. Secret voting is sometimes added to these principles.

Less significant principles are:

• principle of transparency;
• the principle of holding elections by election commissions;
• territorial principle organization of elections (elections are held in territorial electoral districts);
• the principle of state financing of elections (in the Russian Federation there is mixed financing [in addition to the finances that the state gives to candidates for election campaigning, they can spend their own money or the money of the candidate’s or party’s foundation], with the assumption of mixed refinancing).

Brief description of some of the principles:

The principle of universal suffrage - in accordance with it, the entire capable population of the state can participate in voting with minimal qualifications.

The principle of equal suffrage - everyone participates in elections on an equal basis with others. This principle is contrary to separate financing of elections, because with it, the advantage goes to the one who has more money. This principle is also violated by those who are elected from government positions. Often people in this position influence the election campaign, because they have more organizational capabilities (a recent example, the presidential elections in the Russian Federation in 1996).

The principle of direct suffrage - this is a right when voters vote directly for a candidate. Indirect suffrage is multi-stage (superior bodies of a representative nature are formed by lower bodies of a representative nature). For example, in the years Soviet power councils were formed, and this is how the Federation Council is now being formed. There are also indirect elections, when people vote for electors (for example, the USA).

The principle of secret voting - any control over the expression of the will of voters is prohibited. Violations of this principle can be very different, for example: an offer to vote for a certain candidate for money, drinks, etc.; an offer to a visually impaired person to help in choosing a candidate on the ballot and instead of the desired candidate, the candidate needed by the “assistant” is put; They can simply write a number on the ballot papers with a pencil, with the help of which it will be easy to determine who voted for a particular candidate from the electoral lists.

65. Election commissions: types, order of formation and powers.

Election commissions - these are formed on a mixed state-public basis government bodies who exercise leadership organizational activities for conducting an election campaign.

They are divided into types :

• Central election commissions - manage the activities of all lower-level commissions and ensure the uniform application of election legislation. They act as a district election commission for the election of the President of the Russian Federation and for the election of State Duma deputies from electoral associations.
• Regional election commissions - coordinate the activities of lower-level election commissions, and act as a district election commission in elections to state authorities of the constituent entities of the federation in the case of: election of the head of the administration or president of the constituent entity of the federation, in the case of the election of part of the deputies in a multi-member district from associations.
• Local election commissions - cities, districts, village councils, etc. They coordinate the activities of lower-level election commissions (if there are any) and act as a district commission for the election of heads of local government at the appropriate level.
• There are also district commissions - within local electoral districts.
• Precinct commissions are election commissions that organize voting and the initial counting of votes at polling stations.

66. Electoral districts: types and order of formation. Polling stations and voter lists.

A little history, or - by what laws we choose

As it was

Until recently, the change of power in Russia took place in any way, but not through elections. Dynastic succession to the throne, coups, bloody and bloodless, military and palace revolutions “from above” and “from below”, “undercover” decisions brought to the Kremlin or Winter Palace new rulers. The first legislative enshrinement in Russia of universal, equal, direct elections by secret ballot was made by the “Stalinist” Constitution of 1936. However, these principles were nothing more than fiction. “decrepit old men” stood at the helm, and the people were at an equidistant distance from power.

But despite everything, Russia can now add two important achievements to its credit:.The most important of them is that habitual ideas enter into the consciousness of people, into their lives. simple thought: legitimate authority- not from God, not from tradition, not from the decision of the last plenum of the Party Central Committee, but only from the free will of the people.

Elections in Russia are conducted in accordance with the following principles: free, universal, direct, equal, alternative with secret ballot.

What does free elections mean? To elect, to participate in voting, to be elected is a right, not a duty. No penalties are applied for non-participation in elections. However, if the right exists, it must be used. After all, if you don’t come to vote, it means that others will make the decision for you. And it also happens that ballots are simply tossed for those who do not come.

What does General Election mean? This means that citizens of the Russian Federation who have reached the legal age automatically acquire the right to vote and be elected regardless of gender, race, nationality, language, religion, origin, etc. Based on this principle, all voters over 18 years of age are included to the voter list at their precinct and they are actually given the opportunity to vote without any obstacles.

What does Direct mean? This means that voters themselves directly vote for their candidates.

What does Equal mean? This means that each voter has one vote and everyone's vote is counted equally.

What does Alternative mean? This means that the voter is given the right to choose from several candidates or parties.

What does “by secret ballot” mean? This means that you are guaranteed the secrecy of your choice. No one has the right to influence your expression of will or apply any measures of responsibility to you for the choice you make. To ensure the secrecy of voting, voting booths are installed at polling stations.