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Конституционное право Российской Федерации. Избирательные комиссии, их виды, основы правового положения, порядок формирования (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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49. ELECTION COMMISSIONS, THEIR TYPES, BASIS OF LEGAL STATUS, PROCEDURE FOR FORMATION

The following types of election commissions operate in the Russian Federation (FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation").

1. Central Election Commission of the Russian Federation (CEC). Consists of 15 members (appointed for 4 years), 5 of whom are appointed by the State Duma, 5 by the Federation Council, 5 by the President of the Russian Federation, who have a higher legal education. The Central Election Commission exercises general control over the activities of lower-level election commissions, the organization and conduct of elections, and organizes and conducts elections to federal government bodies. CEC decisions are binding on all election commissions in Russia.

2. Election commissions of the constituent entities of the Russian Federation (EC). Formed by the legislative (representative) body of state power of the subject of the Russian Federation (half of the members) and the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation - half of the members). Exercises control over the activities of lower-level election commissions in a given subject of the Russian Federation, conducts elections to federal government bodies on the territory of a given subject of the Russian Federation, organizes and conducts elections to government bodies of a given subject of the Russian Federation.

3. Election commissions of municipalities (ECME). May be a legal entity (if such a provision is provided for by the charter of the relevant municipality). The powers of the IKMO may be vested in the relevant territorial commission. The formation of IKMO (for 4 years) is carried out by a representative body of local government.

4. District election commissions (DECs). They are formed in cases provided for by law, are not legal entities, their powers may be vested in other election commissions. The OIC is formed by the corresponding ICS. The DEC organizes and conducts elections in the territory of the corresponding electoral district, monitors the activities of precinct commissions in the territory of this electoral district, and determines the results of elections in the territory of the corresponding electoral district. The term of office of the DEC expires on the day of the official publication of the decision to call the next elections at the appropriate level.

5. Territorial (district, city and other) commissions (TC). It is a permanent body, its members (5-9 people) are appointed by the relevant Executive Committee. The TC organizes and conducts elections in the relevant territory and monitors the activities of lower-level election commissions.

6. Precinct commissions (UC). Formed by the relevant higher election commission. Ensures the process of voters voting and counting their votes at the appropriate polling station. They are created only for the period of preparation and conduct of voting. Members of the CC directly count the ballots. If there are no complaints about its actions, the powers of the precinct commission are terminated 10 days after the official publication of the results of the relevant elections.

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