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Конституционное (государственное) право Российской Федерации. Принципы российского избирательного права (самое важное)

Lecture notes, cheat sheets

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48. PRINCIPLES OF THE RUSSIAN ELECTORAL RIGHT

Principles of electoral law in Russia - the fundamental principles of Russian legislation on the procedure for electing the highest authorities of the Russian Federation and its subjects, established by the Constitution of the Russian Federation.

Principles:

1) universality;

2) equality;

3) directness;

4) secrecy.

Universality means that all citizens of the Russian Federation, regardless of gender, race, nationality, religion and other qualities, if they have reached the age specified by the Constitution of the Russian Federation, can take part in elections as voters or candidates for one or another elective position (Article 32 of the Constitution of the Russian Federation ).

Restriction in the electoral rights of citizens is not allowed, except in cases provided for by federal laws (for example, citizens recognized by a court as incompetent or held in places of deprivation of liberty by a court verdict).

Electoral rights citizens of the Russian Federation:

1) the right to participate in the nomination of candidates, lists of candidates;

2) participate in election campaigning;

3) participate in monitoring the conduct of elections, the work of election commissions, including establishing voting results and determining election results;

4) take part in other electoral actions in the manner established by the Constitution of the Russian Federation, federal laws, constitutions (charters), laws of constituent entities of the Russian Federation.

The implementation of the principle of universal suffrage is ensured by the right of citizens to participate in the management of state affairs. Thanks to this right, citizens of the Russian Federation can influence the adoption and implementation of state decisions, state policy by determining their representatives, persons whose duties include protecting the interests of voters.

Citizens of the Russian Federation exercise their right to participate in the management of state affairs directly, since the will of voters in elections, referendums is direct, in addition, citizens of the Russian Federation can personally participate in the work of legislative, executive or judicial authorities.

Principle equalities The electoral system of the Russian Federation contains the following elements:

1) each voter has only 1 vote (the implementation of a one-time expression of the will of citizens in elections is ensured by the availability of lists of voters at their place of residence, where voters can vote only 1 time on the basis of a passport of a citizen of the Russian Federation);

2) participation in elections of citizens of the Russian Federation on an equal basis (no voter can have privileges in relation to other voters, and if someone is limited in their rights or if the votes of some voters are preferred over others, the elections may be declared invalid).

Principle directness means that voters vote directly for candidates in elections, and not for special representatives who will later be entitled to elect candidates for elective office.

Elections in the Russian Federation secret, that is, voting in elections at all levels and in all government bodies is carried out only by secret - the voter votes alone in a specially designated room, where no one can be present except the person expressing his will.

This principle ensures the free expression of the will of the citizens of the Russian Federation and excludes the possibility of pressure from other persons through threats.

Author: Kakovkina Ye.N.

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