Electoral Rights Of Citizens Research Articles

Рискогенные факторы избирательного процесса в современной России

Relevance of the research topic is based on the change of the focus of development of electoral law and procedure towards creation of reliable guarantees of security of electoral rights of citizens in the conditions of the special military operation, informational and ideological war and sanctions pressure of the West on the Russian Federation. The article reviews risk-posing factors of the electoral procedure, suggests ways to minimize them, to create a legal mechanism to regulate them and to manage such risks with the help of cutting-edge scientific research results. Realities of the elections of the President of the Russian Federation in March 2024 gave birth to new legal regimes for holding thereof: regime of high alert to a situation of emergency and even the state of martial law. However, the applicable laws fail to transform in due time to keep pace with the rapidly changing circumstances, so legal gaps are filled in by election commissions. Arising problems in the border territories were solved quickly thanks in large part to the Central Election Commission of the Russian Federation, election commissions of the constituent entities of the Russian Federation, supreme officials of the constituent entities of the Russian Federation.

КОНСТИТУЦИОННО-ПРАВОВЫЕ ОГРАНИЧЕНИЯ ИЗБИРАТЕЛЬНЫХ ПРАВ ГРАЖДАН, ОТБЫВАЮЩИХ НАКАЗАНИЯ В ВИДЕ ЛИШЕНИЯ СВОБОДЫ

The article discusses issues related to legal restrictions on the active electoral rights of citizens of the Russian Federation serving sentences of imprisonment, substantiates the position on the need for broader provision of active electoral rights to persons serving sentences of imprisonment.

Protection of Citizens' Electoral Rights: The Problem of the Proportionality of Criminal Sanctions

This article is a criminal law axiological study of the protection of electoral rights of citizens of the Russian Federation in modern conditions. The object and subject of research were determined on the basis of the analysis of current Russian legislation. The immediate object of the study are the Articles of the Criminal Code of the Russian Federation determining liability for obstructing the exercise of electoral rights or the work of electoral commissions; for violating the procedure of financing a candidate’s electoral campaign, electoral union, work of an initiative group conducting a referendum, or another group of referendum participants; for falsifying electoral documentation, documentation of a referendum, documentation of an All-Russian vote; for falsifying the vote’s results; for unlawful provision and obtaining of an electoral bulletin, bulletin for voting at a referendum, bulletin for an All-Russian vote. The main methodological instrument of the study is the «protection index» introduced into scientific discourse by representatives of the Ural Law School. In recent years the «protection index» has become widespread both in the general theory of law and in different branches of law, including criminal law. The use of this index lies behind an attempt to show the proportionality of sanctions for crimes against the electoral rights of citizens. The current article determines the methodology of the study, its goals and tasks. The authors suggest supplementing the existing methods with a new electoral protection index, which will allow them to better present the specific features of the subject under research. The diversity of criminal law sanctions for electoral crimes makes the research objectives considerably harder to achieve, but, at the same time, renders them more relevant and valuable from the practical viewpoint because the proportionality of sanctions is a problem not only of the theory of criminal law, but also the practice of determining punishments in criminal cases. Besides, the criminal law norm sanction is viewed not only as an element of the law norm, but also as a part of the criminal law regulation mechanism. The suggested method makes it possible to illustrate the proportionality of the sanctions for electoral crimes in criminal law norms and to formulate suggestions on improving the current legislation.

"Soft power", "color revolution" and "hybrid war": public diplomacy vs political technology

"Color revolutions" are a form of "hybrid war" unleashed by the global hegemon against uncontrolled states in order to maintain its dominance in the world. Today they are becoming the main destabilizing factor both for a single nation and for the system of international relations as a whole. A comparative analysis of the "color revolutions" since the collapse of the USSR allows us to conclude that the theses spread by Western propaganda about the positive impact of the "soft power" on the "progress of democracy" are unfounded. Despite the presence of real socio-economic diffi culties and the so-called "protest potential” in the impacted countries "color revolutions" are primarily staged and controlled from abroad. As a rule, the main object of infl uence in the preparation of "color revolutions" are traditional family values, historical memory and the country's top political leadership as a guarantor of national sovereignty. The key actors of color revolutions are foreign-funded NGOs and the media which broadcast values and meanings alien to national self-consciousness into the information space and also “heat up” protest relations in the society. The point of application to seize control within the "color revolution" is the election of the country's national leadership or referendums on socially signifi cant issues. Accordingly, the most crucial task of sovereign states is to protect the electoral process from external interference, the spread of false information about elections and their discredit. An important factor in protecting the electoral rights of citizens and legitimizing state power is public observation of voting. Tools and resources of “soft power” are underestimated and poorly used by the post-Soviet states to defend national interests, protect the sovereign choice of the people and counteract attempts of external interference into domestic political processes. Promising directions for expanding infl uence on international relations are concentrated in the information, communication and political fi eld of the Internet which is still a territory of relative legal “freedom”. Among the main areas of protection "information sovereignty" are the following: expansion of Russian jurisdiction to representative offi ces of foreign IT platforms operating within the Russian Federation, development of media literacy and critical thinking of citizens, the need for constant refutation of "fakes", introduction of special programs that can recognize them and determine their distributors, prohibition of anonymity in social media, increasing legal liability for the production and distribution of "fakes".

Observance of the principle of legal certainty as a guarantee of the principle of the rule of law in the electoral legislation of Ukraine: theory, legislation, decisions of the European court of human rights and decisions of the Constitutional Court of Ukraine

The purpose of the study is to analyze the features of the protection of the electoral rights of citizens in the election process until February 24, 2022, during the martial law on the territory of Ukraine and after the war period. Method. The methodological basis of the study is the philosophical and legal basis of knowledge of social phenomena, in particular those related to the protection and protection of the rights of individuals (citizens of Ukraine) in the election process. In particular, dialectical, systemic-structural, normative-logical, sociological, comparative-legal methods of cognition are applied. Based on the results of the conducted research, it is proposed to improve the norms of the electoral legislation of Ukraine. The results. The article analyzes the legislative regulation of election processes in terms of compliance with the principle of legal certainty, as one of the elements of the principle of the rule of law. The author's classification of the resolutions of the Central Election Commission, adopted during the period of martial law on the entire territory of Ukraine, is proposed. A scientific and practical analysis of the concept of "principle of legal certainty" was carried out. The practice of the European Court of Human Rights and the practice of the Constitutional Court of Ukraine in terms of disclosing the content of the principle of the rule of law and its effect in election legislation have been studied. It has been proven that the mechanism for ensuring electoral rights in the post-war period requires scientific discussion and legislative regulation. The practice of the Central Election Commission regarding the application of the principle of the rule of law in the protection of the electoral rights of citizens is highlighted. Scientific novelty. This is the first scientific study of the protection of electoral rights burdened by the effect of the legal regime of martial law on the territory of Ukraine. Practical significance. The results of the research can be used in further scientific articles, in the educational process, as well as by the subjects of the legislative initiative.

Problems of the implementation of the electoral rights of citizens in the Russian Federation

В статье представлен анализ основополагающих положений реализации активного и пассивного избирательных прав граждан в России. Выявлены основные проблемы реализации активного избирательного права, в частности, в условиях проведения выборов с использованием систем электронного голосования.

Problems of realization of electoral rights of citizens in custody

Problems of realization of electoral rights of citizens in custody

Opening speech by the Deputy Head of the Secretariat of the IPA CIS Council – Director of the International Institute for Monitoring the Development of Democracy, Parliamentarism and Observance of the Electoral Rights of Citizens of the IPA CIS Member States I.I. Musket

Opening speech by the Deputy Head of the Secretariat of the IPA CIS Council – Director of the International Institute for Monitoring the Development of Democracy, Parliamentarism and Observance of the Electoral Rights of Citizens of the IPA CIS Member States I.I. Musket

Crimes infringing on the electoral rights of citizens: the definition and classification

The article considers the definition of the concept and classification of crimes that infringe on the electoral rights of citizens, taking into account their distinctive features.

Использование биометрических технологий в избирательном процессе: возможности и ограничения

The article examines the prospects, as well as the limitations associated with the possible use of biometric technologies in the electoral process of the Russian Federation, in particular, the inaccessibility of centers that collect biometric data, low awareness of citizens, failure of biometric technologies. The article analyzes the risks that can lead to unlawful deprivation of voters’ constitutional rights to participate in elections and referendums. In the end, it is concluded that it is necessary to provide legal guarantees for observing the electoral rights of citizens and the right to participate in a referendum, in particular, to establish a procedure for fixing the facts of technical violations that do not allow identifying voters and making a decision on admitting such voters to voting. This procedure is designed to guarantee the observance of the electoral rights of citizens in conditions of impossibility of biometric identification due to technical violations.

Election as a principle of organization and activity of executive authorities in Russia

This article analyzes the problems of implementing such a principle of organization and activity of executive authorities in the Russian Federation as election. This principle of the formation and functioning of government in Russia is shown on the basis of a comprehensive analysis of the electoral mechanism in the country with the development of proposals to improve the electoral process, the electoral rights of citizens, the exclusion of frequent violations of its principles for the real realization of popular sovereignty.

Retirement of a highest official of constituent entity of the Russian Federation due to loss of President’s confidence: constitutional issues

The subject. The article is devoted to the retirement of a highest official of a constituent entity of the Russian Federation in 2020 due to the loss of confidence of the President of the Russian Federation. Special attention is paid to the grounds for loss of such confidence, legal and social nature of confidence and different aspects of restriction of electoral rights for citizens. The purpose of the paper is to demonstrate that the retirement of a highest official in constituent entity of the Russian Federation vindicates electoral rights of citizens and decreases a level of confidence to public power of government and law. Moreover, the aim of this article is to prove that practice of the retirement of a highest official in constituent entity of the Russian Federation not always meet legal standards of negative constitutional legal responsibility. The methodology of the study includes general scientific methods (analysis, synthesis, description) and logical interpretation of Russian legal acts. Social definitions such as confidence and post-truth were analyzed by methods of philosophy and sociology. The main results and scope of their application. The author describes retirement of a highest official in a subject of the Russian Federation as a measure of constitutional responsibility and constitutional legal coercion in scope of practice in 2020. The author realizes, that President's decrees do not consist legal and appropriate basis for such retirement of a highest official in a subject of the Russian Federation, that is why this measure due to such practice cannot be qualified as negative constitutional legal responsibility. The author suggests ways to improve the mechanisms for applying measures of constitutional coercion in cases of retirement of a highest official in a subject of the Russian Federation due to the loss of confidence of the President of the Russian Federation for prevention of public power abusing, such as: 1) establishing in the federal law formally defined constitutional violations, that threaten the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, ensuring defense and security of the state, the presence/absence of which is determined in the manner of a "preliminary" trial by the courts; 2) introduce measures of constitutional legal prevention or restraint against the highest official in a subject of the Russian Federation; 3) in the decrees of the President of the Russian Federation provide specific grounds for the loss of trust, established by the court. In addition to this, the author suggests to change federal law regulation to give a right for citizens, that live in a subject of the Russian Federation, to sue the President's decree about the retirement of a highest official in a subject of the Russian Federation. This measure will guarantee a real judicial protection for electoral rights for citizens. As a result, the article extends constitutional knowledge about measures of constitutional legal enforcement to highest officials in a subject of the Russian Federation.

Дистанционное голосование: pro et contra

he article simulates situations of violation of the electoral rights of citizens and attempts to influence the results of elections and referenda taking into account electronic and postal forms of remote voting introduced into Russian suffrage by Federal Law No. 154-FZ “On Amending Certain Legislative Acts of the Russian Federation”.

Lecture on the topic: «General characteristics of criminal offenses against electoral, labor and other personal rights and freedoms of man and citizen (Articles 157–184). Criminal offenses against electoral rights of citizens (Articles 157–160)»

A general description of criminal offenses against electoral, labor and other personal rights and freedoms of man and citizen (Articles 157-184 of the Criminal Code of Ukraine) is given, and criminal offenses against the electoral rights of citizens (Articles 157-160 of the Criminal Code of Ukraine) are considered in more detail.

«MOBILE VOTER» – ACTUAL FORM OF REALIZATION OF THE ELECTORAL RIGHTS BY CITIZENS

The article analyses the effectiveness of the use of such an institution of electoral law as a mobile voter (voter voting by location, not by place of residence or place of stay) during the presidential elections of the Russian Federation on March 18, 2018 in comparison with the use of the institution of issuing absentee certificates in the election of the President of the Russian Federation in 2008 and 2012. The results of the above-mentioned election campaigns are compared, the significance of the mobile voter institution is determined as one of the guarantees for the realization of citizens' voting rights, and the advantages and disadvantages of institutions are revealed. The article concludes about the success of the introduction of the mobile voter institute, the increase in the number of voters who voted not at their place of permanent residence, as well as the importance of this institution for ensuring active electoral rights of citizens.

CONSTITUTIONAL-LEGAL BASES OF REALIZATION OF ELECTORAL RIGHTS OF THE CITIZENS OF UKRAINE


 
 
 The periodic conduct of elections and the renewal of the electoral legislation attest to Ukraine’s emergence as a democratic and rule of law state. The purpose of the article is to analyze the constitutional-legal foundations of the exercise of the electoral rights of the Ukrainian citizens. It is noted that one of the oldest and most widespread and effective forms of direct democracy is elections, an institution of democracy that allows one to vote and be elected. However, it is noted that in Ukraine from 1991 to 2020 there were several independent electoral systems, which implies the use of proportional and majoritarian systems, as well as mixed ones − their varieties for holding different types of elections.The constitutional provisions stated in the article testify to the orientation of the Ukrainian society to ensure in Ukraine the implementation of the constitutional guarantees regarding the electoral rights of the citizens and the importance of this right, along with other guaranteed rights. Attention is paid to the Electoral Code of Ukraine, adopted on December 19, 2019, which is a codified legislative act that defines the guarantees of electoral rights of the citizens of Ukraine to participate in the formation of the composition of representative bodies of the state power, representative body of the Autonomous Republic of Crimea and representative bodies and elected officials of the local self-government of Ukraine, regulates the organization and holding of different types of elections.
 
 

ПРОБЛЕМЫ ОБЕСПЕЧЕНИЯ АКТИВНОГО ИЗБИРАТЕЛЬНОГО ПРАВА ГРАЖДАН С ИНВАЛИДНОСТЬЮ В СУБЪЕКТАХ РОССИЙСКОЙ ФЕДЕРАЦИИ

ПРОБЛЕМЫ ОБЕСПЕЧЕНИЯ АКТИВНОГО ИЗБИРАТЕЛЬНОГО ПРАВА ГРАЖДАН С ИНВАЛИДНОСТЬЮ В СУБЪЕКТАХ РОССИЙСКОЙ ФЕДЕРАЦИИ

Технико-юридическое несовершенство основ федерального избирательного законодательства в России

The article describes the problematic issues of the federal framework regulation of the electoral rights of citizens at the present stage of development of Russia. The examples from domestic judicial practice reveal specific problems in the field of legal regulation of the organization and conduct of elections in the constituent entities of the Russian Federation and municipalities, the solution of which could be avoided by due legal regulation and institutionalization of the status participants in electoral legal relations.

Понятие и виды преступлений против избирательных прав граждан

Понятие и виды преступлений против избирательных прав граждан

Институт наблюдателей на выборах, как фактор легитимации власти в современной России

Fragmentary outbursts of the protest that took place in the run-up to the Russian legislative election and the Russian presidential election in 2011–2012 led to the intensification of observation as a form of democratization of the electoral process. The Institute of Observers acts as a guarantor of the respect of electoral rights of citizens, provides a high level of transparency and openness of the electoral process, allows to identify violations and assess the legality of the vote. This paper examines the phenomenon of the public control over elections in the context of the main tool for legitimizing the power structures in the Russian Federation. The institute of election monitoring has undergone changes since 2011: number of election observers has grown, the qualification of observers has significantly improved, the range of monitors’ rights has expanded, and the level of their protection has risen. The amendments to the Federal Law «On the Election of the President of the Russian Federation» that were adopted before the presidential elections in 2018 allowed to democratize the observation process. Representatives from the Public Chamber of the Russian Federation and regional public chambers were included to the movement of observers. At present, certain measures are being considered to reduce the engagement of observers in electoral processes at all levels.