Формализм и реализм в действии избирательного права глазами Верховного Суда РФ

Abstract

The article is devoted to the vision of electoral law in the practice of administrative proceedings, which was reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation no. 24 of June 27, 2023. Attention is drawn to formalism as a recognition of the priority importance of form and realism as a priority of the values of authenticity of content. These priorities change places at different stages of the electoral process. These priorities change places at different stages of the electoral process. The prevailing tendency to strengthen formalism, avoidance of recognition of the existence of measures of legal responsibility in the electoral law does not contribute to the disclosure of the democratic potential of the content of the constitutional right of citizens to elect and be elected, uniformity of judicial practice.