Анализ некоторых избирательных законов: ущемление демократии или гарантия стабильности конституционного строя?

Abstract

The purpose of the paper is to analyze the competition of principles of electoral process democratic nature, on the one hand, and the principles of constitutional order stability, on the other hand. The authors consider several significant changes in Federal law “On basic protections of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” of the 12th of July, 2002 No. 67-FZ, including the latest changes dated the 14th of March, 2022. Nearly before each election of federal importance, the amendments are being made to federal law No. 67; therefore, electoral law becomes an elastic policy instrument. About three hundred amendments have been introduced for two decades of this federal law action. The paper analyzes several most significant changes in the RF electoral legislation for the last decade, which most notably influenced the current appearance of the direct democracy in Russia: the election pledge abolition, mass reduction of the institution of direct election of heads of local self-government, the abolition of the institution of non-voting members of the electoral commissions (in electoral commissions of under-regional level), the reduction of powers of non-voting members of the electoral commissions in the RF Central Election Commission and election commissions of the constituent entities of the Russian Federation; the introduction of electronic voting in the election of all levels and types throughout the Russian Federation. The paper considers the consequences of these electoral laws for the principles of democracy and competing principles of constitutional order stability. The authors conclude on the priority of the principles of the constitutional order stability over the principles of democracy of the electoral process, although this priority has certain specific historical reasons, as well as the limits.