Linstein M. M.

The foreign countries experience in establishing offences in the electoral process.

For the last period, the offences were the basis for many theoretical and practical studies in the electoral process, because it is a reason for undermining public confidence to the process of the State apparatus formation.

The major offences in the electoral field are regulated by chapter 21 of the Australian Commonwealth Electoral Act 1989. A number of electoral offences are regulated the Criminal Code that is a Schedule to the Criminal Code Act 1995. There are more than 60 electoral offences.

Enrolment in the Commonwealth electoral roll has been compulsory since 1911 for eligible citizens (persons aged 18 years, there are some exceptions, for example, in relation to some prisoners, and people of unsound mind (section 93(8) and 96A). Everybody who fails to enrol may be punished by way of the fixed fine (section 101(6) of the Electoral Act).

Fraudulent enrolment offences in the registration and the maximum penalty for them are:

· forging an enrolment claim card- 10 years imprisonment (Division 144 of the Criminal Code);

· unlawful signing an enrolment claim card–Australian $1 000 (section 336 of the Electoral Act);

· unlawful witnessing an enrolment claim card-Australian $1 000 (section 337 of the Electoral Act);

· indicating of any false or misleading statement in an enrolment claim card- 12 months imprisonment (Division 136 & 137 of the Criminal Code).

Voting at federal elections has been compulsory since 1924 for all citizens of the Commonwealth electoral roll. Everyone who is unable to vote at federal elections has to provide a valid and sufficient reason which they must to document.

If an elector who has failed to vote refuses to pay the given penalty, then the matter may be referred to a Magistrates Court, where a fine of $50 plus payment of expenses.

Fraudulent voting offences include the following:

· Impersonating anyone for the purposes of obtaining a ballot paper and voting, maximum penalty: imprisonment for 6 months (section 339(1)(a) and (b) of the Electoral Act);

· Voting more than once at the same election, penalty: 10 penalty units (section 339(1A) and (1B) of the Electoral Act). (1 penalty unit is Australian $110 in obedience to section 4 AA of the Criminal Code 1914);

· Intentional voting more than once in the same election. Penalty: 60 units.

Electoral advertising offences include the following: printing and distributing electoral advertising, such as how-to-vote cards, car stickers, pamphlets, posters, that do not show the name, address and zip code of the person authorizing the advertisement, and the name and place of business of the printer, penalty: $1 000 for a person and $5 000 for a body corporate. Scrutineers and electoral officials are not permitted to wear or display in a polling booth on a polling day any badge or emblem of a candidate or a political party.

In the Bolivarian Republic of Venezuela the possibility of citizens to report any violations and errors is characteristic. Admitting to crimes and electoral errors fall within the jurisdiction of the criminal proceedings.

The penalties imposed by the court, may be different:

1. fine in amount of 20 to 40 units of tax rates, or arrest, in proportion to one day per unit tax;

2. fine in amount of 50 to 60 units of tax rates, or arrest, in proportion to one day per unit tax;

3. imprisonment for a period from six months to one year.

In Denmark one of the special features regulating legal relations may appear as a result of offences in accordance with the established preparation and holding of elections, making a list of electors, nominating candidates for post, voting, counting the cast and valid votes, the establishment and announcement of the results, all this is the inclusion of sanctions for electoral law offences in the basis election laws with the reference to the Criminal Code norms.

In the first place, public functionaries fall under the current regulations of administrative offenses in connection with the elections. These are the officials who carry out their official duties related to the conduct of the election and, in particular, the chairmen and members of election commission, chairmen, members and auditors of polling stations and their deputies. They may be punished in accordance with the provisions of the Criminal Code.

Public functionaries who meaningly commit unlawful acts can be punished in the form of the maximum period of arrest and a fine in amount of 30 to 300 thousand pesetas.

In Japan, electoral offenses include two groups of cases are administrative and criminal. The first group includes non-observance of various offenses affecting administrative orders which related to the conduct of election campaign, preparation, filing documents, and other. The second group includes more serious offenses, such as bribery, fraud and so on.

The election of a candidate is basically impossible, if a candidate for public office is convicted of committing electoral offenses, which allowed a person to obtain a mandate. The election results in regard to this person are found to be void (section 251 of the Electoral Law). Usually this person is deprived of his voting rights for a period of time set by the court (section 252).

If a returning officer, a chairman of the Accounts Chamber, and other officials who pertain to the preparation or conduct of the elections, commit an offence in favor of the election of a particular candidate, in this case the election of this person is no longer valid, and he himself is deprived of his voting rights for a certain time (section251-2).