Жидкова
Д.И.
204 учебный взвод
УЮИ МВД России
Some sales problems of the electoral right
in the Russian Federation.
According to the Constitution of Russia, the carrier
of sovereignty and the unique source of the power are its multinational people
which perform the power directly through public authorities and local
government bodies. Elections are a fight of the candidates pursuing the most
various political goals. It determines a role of the electoral right in modern
society and allows to consider it as sub industry of constitutional right.
Today the electoral process actively develops and purchases all big industry independence.
Problems of the electoral right which arise in the process of elections have
various character and purchase all big form of implementation. Therefore it is
necessary to tell about relevance of this problem in modern society connected
with a question of enhancement of the legislation of the Russian Federation in
the sphere of implementation by citizens of the right to choose and be elected
to public authorities and local self-government.
The electoral process in Russia receives broad
definition and ambiguous estimates in mass media that gives the chance to
analyse arising in the course of a mistake and to eliminate the existing gaps
following the results of holding another election campaign. As it would be
desirable to recognize, but such gaps in the electoral system take place today.
So, the first secretary of the Novosibirsk regional committee A. E. Lokot sent
the appeal to prosecutor's office for the purpose of check of legality of
actions of heads of Novosibirsk State University of Economics and Management.
According to students, they were specially forced to take absentee ballots in
the areas and to vote for the party United Russia on the polling precincts of
the territory of higher education institution; in subsequent students shall
photograph the bulletins and show photos at university, and in case of failure
to carry out of these requirements they were threatened by deprivation of a
grant or assignment. This example affects the rights of citizens, and violation
of Art. 7 of the Federal law of 12.06.2002 No. 67-FZ "About basic
guarantees of the electoral rights and the participation rights in a referendum
of citizens of the Russian Federation" which says that vote is secret is
traced subsequently and nobody can control the citizen's voleizliyaniye. The
principles of the electoral right contain in Art. 4 of the Federal Law of
Russia No. 67-FZ "About basic guarantees of the electoral rights and the
participation rights in a referendum of citizens of the Russian
Federation", and provide that the citizen of Russia has the right to
choose and be elected, to participate in a referendum irrespective of a floor,
race, a nationality, language, an origin, the residence, the relation to
religion, belonging to public associations, and also other circumstances. It is
also necessary to note that the rights of citizens to choose and be elected to
public authorities and local self-government register in the Constitution of
the Russian Federation in Art. 32 of item 2.
The current legislation of the Russian Federation
regulates the electoral process and fixes measures of legal responsibility for
violation of the electoral rights of participants of elections. However it
doesn't promote decrease in violations of the electoral laws, and on the
contrary, increases today. This problem was reflected in a speech of the Member
of the Russian Central Election Commission E. I. Kolyushin who noted that
"the election campaigns of all levels show about fall of trust to
institute of elections from citizens, tendencies of non-recognition by citizens
of adequacy and justice of official results to declaration of will of
voters" amplify [3].
Also It should
be noted that the option of increase in a voter turnout by violation of
voluntariness of participation in elections isn't effective that it contradicts
Art. 3 of the Federal Law "About Basic Guarantees …" where one of the
principles of participation of citizens in elections is voluntariness. In
exceptional cases this method in some reality also results in success, but,
undoubtedly, its implementation doesn't correspond to legitimacy of the
electoral laws, undermining confidence to it. E. I. Kolyushin spoke about
feasibility of the electoral laws and suggested to forbid in ballot day any
works, meetings, informing citizens on the upcoming elections in average and
higher educational institutions, and also on workplaces, to involve citizens in
elections by coercion and to estimate overall performance of the polling
precincts on the level of an appearance of citizens on vote [3].
Following the results of the done work the
Commissioner for Human Rights in the Russian Federation for 2015 allocated the
following problems:
• Insufficient knowledge of the population, in case of
change of an arrangement of the polling precinct (so in the Oryol region the
citizens who came to vote to the habitual polling precinct only at this moment
learned about transferring of the site to other place)
• In such areas as the Republic of Mari El, the
Leningrad region there are no conditions for the persons which came to
elections physically challenged. [3].
In conclusion it is possible to tell that the
electoral right of citizens, despite imperfect electoral laws, is actively
protected and supported by the state. And it occurs even not for the purpose of
maintenance of policy of state bodies how many for the purpose of maintenance
of safe level of living of the population of the country. Multinational people
are the carrier of sovereignty and the unique source of the power in the
Russian Federation [4].
Bibliography:
1. Internet newspaper "Лента.ру., 2011. November 11.
2. The federal law of 12.06.2002 No. 67-FZ "About basic guarantees
of the electoral rights and the participation rights in a referendum of
citizens of the Russian Federation"
3. Kolyushin E. I. Concept of upgrade of the electoral and related
laws//Messenger of the Moscow university. It is gray. 11. Right. 2010. No. 1.
4. From the report of the Commissioner for Human Rights in the Russian
Federation for 2015.