Constitutional law of the Russian Federation. Referendum in the Russian Federation (the most important)

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Constitutional law of the Russian Federation. Referendum in the Russian Federation (the most important)

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54. REFERENDUM IN THE RUSSIAN FEDERATION

The first referendum in Russia took place in 1991 (on the establishment of the post of President of the RSFSR). At a national referendum on December 12, 1993, the Constitution of the Russian Federation was adopted.

All citizens with active suffrage have the right to participate in a referendum.

A referendum in the Russian Federation can be held at the following levels: federal referendum; regional; local.

The holding of a referendum in the Russian Federation is regulated by the Constitution of the Russian Federation, the Federal Law "On the Referendum of the Russian Federation", the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", and the laws of the constituent entities of the Russian Federation.

Issues of special public and state importance are submitted to the referendum.

The following questions cannot be submitted to a referendum of the Russian Federation:

1) on changing the status of the subject (subjects) of the Russian Federation, enshrined in the Constitution of the Russian Federation;

2) on the early termination or extension of the term of office of the President of the Russian Federation, the State Duma, as well as on the holding of early elections of the President of the Russian Federation, deputies of the State Duma, or on the postponement of such elections;

3) on the election, appointment, early termination, suspension or extension of the powers of persons holding government positions in the Russian Federation;

4) on the personal composition of federal bodies of state power, other federal state bodies;

5) on the election, early termination, suspension or extension of the term of office of bodies formed in accordance with an international treaty of the Russian Federation, or officials elected or appointed to a position in accordance with an international treaty of the Russian Federation, as well as on the creation of such bodies or appointment to a position such persons, unless otherwise provided by an international treaty of the Russian Federation;

6) on the adoption and changes in the federal budget, the execution and changes in the internal financial obligations of the Russian Federation;

7) on the introduction, amendment and abolition of federal taxes and fees, as well as on exemption from their payment, etc.

A referendum cannot be held under a state of emergency (martial law), and also within 3 months after the cancellation of the corresponding special legal regime. As a general rule, a referendum of the Russian Federation is not held in the last year of the powers of the President of the Russian Federation, the State Duma, as well as during a federal election campaign, a campaign to hold a federal referendum.

Referendum on the same issue (on an issue with a wording similar in meaning) cannot be held: at the federal level within a year after the official publication of the decision of the referendum of the Russian Federation; at the regional and local levels, such a period (not exceeding 2 years) may be established by the law of a constituent entity of the Russian Federation or by the charter of a municipal formation. The Central Election Commission of the Russian Federation is the Central Electoral Commission of the Russian Federation, referendum commissions are the relevant election commissions. The referendum of the Russian Federation is recognized as valid if more than half of the registered voters took part in it, the decision is made by a majority vote of the total number of voters who took part in the voting.

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