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Конституционное право Российской Федерации. Выборы депутатов государственной думы РФ. Понятие и виды референдумов (самое важное)

Lecture notes, cheat sheets

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53. ELECTIONS OF DEPUTIES OF THE STATE DUMA OF THE RUSSIAN FEDERATION. THE CONCEPT AND TYPES OF REFERENDUMS

Elections of deputies of the State Duma are carried out in accordance with the Constitution of the Russian Federation, the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (2002), the Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation" (2002) subsequent changes and additions.

Passive suffrage in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation has a person with active suffrage who has reached the age of 21.

Used proportional electoral system: Elections of all deputies are carried out according to party lists in a federal electoral district, those lists of candidates for which at least 7% of voters cast their votes are allowed to distribute deputy mandates. This system is applied starting from the elections of deputies of the State Duma of the fifth convocation, which are to be held in 2007. Previously, only half of the deputies of the State Duma (225 people) were elected by the proportional system, the rest of the deputies were elected by the majoritarian system in one round in single-member constituencies.

Elections of deputies of the State Duma are appointed by the President of the Russian Federation. Lists of candidates (in a federal constituency) can only be nominated by political parties.

The maximum amount of all expenses from the election fund of a political party that has nominated a list of candidates in a federal electoral district is 250 million rubles.

The preparation and conduct of elections of deputies of the State Duma are carried out by the Central Election Commission of the Russian Federation (determines the general results of the elections), election commissions of the constituent entities of the Russian Federation, as well as territorial and precinct commissions.

Referendum (plebiscite) - direct expression of the will of the people by voting, a form of direct democracy. It is necessary to distinguish between a referendum and a popular discussion.

Referendum types:

1. According to the nature of the decision made:

1.1. Legislative (a law is adopted by a referendum decision, for example, based on the decision of the All-Russian referendum held in March 1991, the Law of the RSFSR "On the President of the RSFSR" was adopted).

1.2. Constitutional (a constitution is adopted by a referendum).

1.3. At a referendum, a decision of a different nature is made (for example, a referendum in the subjects of the Russian Federation on the formation of a new subject of the Russian Federation).

2. According to the legal force of the decision made (in Russia, the decision of any legally held referendum has binding legal force):

2.1. The decision is legally binding.

2.2. The decision is advisory (facultative) in nature.

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