The principle of universal equal elections. Principle of universal equal elections Universal suffrage direct suffrage

Elections occupy a special place in the system of democracy, they are a necessary feature of a democratic constitutional state. The 1948 UN Universal Declaration of Human Rights emphasizes that “the will of the people must be the basis of the power of government; this will must find expression in periodic and non-falsified elections, which must be held with universal and equal suffrage, by secret ballot or through other equivalent forms that ensure freedom of voting” (part 3 of article 21) *. In our country, this democratic method of forming state bodies and local self-government bodies is widely used.

*Constitutional Law of Russia. Collection of constitutional legal acts / Ed. ed. acad. O.E. Kutafin; Comp. prof. ON THE. Mikhalev. T. 1. S. 329

IN Russian Federation elected President of the Russian Federation, deputies of the State Duma Federal Assembly Russian Federation, state authorities of the subjects of the Russian Federation, as well as elected bodies of local self-government. Elections are carried out in a certain order, which is called the electoral system.

The electoral system is the procedure for electing state bodies and local self-government bodies, some officials elected directly by citizens. Of particular importance in the electoral system are the rules on the basis of which the results of voting are determined.

Elections are regulated by the norms of constitutional (state) law, constituting the electoral law. Suffrage is an institution (part) of constitutional law that regulates social relations that develop in the election process.

However, this term is also used to refer to the electoral rights of citizens (ie their subjective rights). The electoral rights of citizens are the constitutional right of citizens of the Russian Federation. It includes active suffrage citizens - the right to elect and passive suffrage citizens - the right to be elected to state authorities and elected bodies of local self-government.

The norms of the electoral law are contained in normative acts - the sources of the electoral law. Among them, first of all, federal laws should be mentioned: “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” dated September 19, 1997 * (as amended by the Federal Law “On Amendments and Additions to the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" of March 30, 1999**, "On the Election of the President of the Russian Federation" of December 31, 1999***; "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation » dated June 24, 1999 **** There are other sources of suffrage, including legislative acts of the constituent entities of the Russian Federation.

*SZRF. 1997. No. 38. Art. 4339.

**SZ RF. 1999. No. 14. Art. 1653.

**** SZ RF. 1999. No. 26. Art. 3178.

Participation of citizens in elections is based on the principles of equal universal and direct suffrage by secret ballot, free and voluntary participation in elections.

These principles of the electoral system, electoral law, being their most important principles, determine the main features of the procedure for organizing and conducting elections, and are implemented at various stages of elections. Electoral process long in time, includes a number of stages that are the main points of their organization and conduct: the appointment of elections; formation of electoral districts and precincts; formation of election commissions; compilation of voter lists; nomination and registration of candidates; election campaigning; vote; determination of election results; re-voting (a possible, but not always necessary stage).

Let us consider the principles of participation of citizens of the Russian Federation in elections, which most clearly characterize their voting rights, the exercise of rights, and the procedure for elections.

The principle of universal suffrage

Principle universal suffrage means that a citizen of the Russian Federation who has reached the age of 18 has the right to elect, and upon reaching the age established by law - to be elected to state authorities and elected bodies of local self-government. A citizen of the Russian Federation has an active and passive suffrage regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion. At the same time, there are generally accepted natural, justified restrictions: citizens who have been declared legally incompetent by a court, and citizens held in places of deprivation of liberty by a court verdict, do not have the right to elect and be elected. At the same time, it is appropriate to note that persons who, in accordance with the law, have been subjected to a measure of restraint - detention (but they are not yet prisoners convicted by a court) also enjoy voting rights.

If the age-related condition for acquiring active suffrage is 18 years of age (this is called the age limit for active suffrage), then the age level required for acquiring passive suffrage may be different (although it can be the same - 18 years). Thus, a citizen of the Russian Federation who has reached the age of 21 on the election day can be elected as a deputy of the State Duma of the Federal Assembly of the Russian Federation. The laws of the constituent entities of the Federation may also establish additional conditions for the acquisition by a citizen of the Russian Federation of a passive electoral right, connected with the achievement of a certain age. However, the established minimum required age should not exceed 21 years for elections to legislative (representative) bodies of state power of the subjects of the Federation, 30 years for elections of the head of the executive body of state power (president) of these subjects and 21 years for elections to local governments (but the age levels by decision of the legislative body of the subject, they may be lower, but they cannot be higher than those indicated). The legislation also establishes restrictions related to the status of a deputy, including the inability to be simultaneously on public service engage in other paid activities.

The universality of suffrage is not only proclaimed, but also guaranteed. The electoral legislation provides for guarantees that ensure the possibility of real participation in the elections of all citizens with voting rights. Of particular importance for ensuring the universality of suffrage are guarantees of the rights of citizens in compiling voter lists (i.e., citizens of the Russian Federation with active suffrage), their right to appeal against non-inclusion in such a list, errors and inaccuracies in it. The legislation establishes a number of organizational measures aimed at ensuring the opportunity for each voter to exercise his right. In particular, polling stations are formed in hospitals, sanatoriums, rest homes and other places of temporary residence of voters, in hard-to-reach and remote areas, on ships at sea on election day, at polar stations. There are other guarantees of this principle.

An important guarantee of the universality of elections is that Russian citizens living abroad have full voting rights. Russian diplomatic and consular institutions are obliged to assist Russian citizens in exercising their electoral rights. The heads of these institutions form polling stations for Russian citizens residing on the territory of a foreign state.

Establishing guarantees of real universality of elections, the legislation at the same time fixes the principle of free and voluntary participation of a citizen of the Russian Federation in elections: no one has the right to influence a citizen in order to force him to participate or not to participate in elections, as well as to force him to freely express his will.

The principle of equal suffrage

Of great importance for ensuring the democracy of elections is the principle of equal suffrage. It means that each voter has an equal number of votes in the constituency, and all voters participate in elections on an equal footing. This principle is also guaranteed. A voter cannot be included in more than one list of voters, he/she votes in person, presenting a passport or other identification card, signs for receiving a ballot in the list. This is done so that it is impossible to vote more than once. The second part of the content of this principle is guaranteed by the formation of electoral districts with an approximately equal number of voters, so that deputies are elected from an approximately equal number of voters, the votes of all have equal "weight". (However, certain deviations from the average representation rate are permitted by law.)

The principle of direct suffrage

The legislation also contains the principle of direct suffrage, which means that the voter votes in the elections in the Russian Federation "for" or "against" the candidates (list of candidates) directly. The world experience of elections also knows other methods of voting, when voters elect electors who already elect deputies or officials (indirect elections), or lower bodies elect higher ones (multiple elections).

Of great importance in ensuring the democracy of the people's will is secret ballot. Voting in elections in the Russian Federation is secret, i.e. excluding the possibility of any control over the will of the voter. The voting premises must have a hall in which booths or specially equipped places for secret voting are located, or there must be rooms suitable for secret voting. In them, when filling out the ballot by the voter, no one is allowed to be present.

Elections in the Russian Federation have a number of other characteristic features, the main points on which the electoral process is based. These include: ensuring the preparation and conduct of elections by election commissions; the right of citizens and public associations to pre-election campaign; financing of elections at the expense of budgetary funds and, at the same time, the creation by candidates, electoral associations, their blocs of their own electoral funds to finance the election campaign; publicity in the preparation and conduct of elections.

Electoral commissions

Electoral commissions organize elections; they are entrusted with their preparation and conduct, implementation and protection of the electoral rights of citizens, control over their observance. The system of election commissions includes: the Central Election Commission of the Russian Federation; election commissions of subjects of the Russian Federation; district election commissions; territorial (district, city, etc.) election commissions; precinct election commissions. Electoral commissions in the preparation and conduct of elections within their competence are independent of state bodies and local self-government bodies.

The Central Electoral Commission operates on a permanent basis, its term of office is four years. It consists of 15 members, five of whom are appointed by the State Duma, five by the Federation Council, and five by the President of the Russian Federation.

The Central Election Commission manages the activities of election commissions for the election of the President of the Russian Federation, deputies of the State Duma, for holding referendums of the Russian Federation.

The election commissions of the constituent entities of the Federation, also acting on a permanent basis, are formed by the legislative (representative) and executive bodies of state power of the constituent entities of the Federation, and half of the members of these commissions must be appointed by these legislative bodies. The same state bodies also form district election commissions for the election of deputies to the State Duma of the Federal Assembly of the Russian Federation. Other types of election commissions are formed by elected bodies of local self-government. Electoral commissions also include members with the right to consultative vote; they have the right to appoint (one by one) the candidate himself*, the electoral association to the electoral commission that registered the candidate (list of candidates), and to lower electoral commissions. Such members of the commissions have the right of access to all materials and documents of the election commission, the right to speak at its meetings.

* Candidate - a person nominated in accordance with the procedure established by law as a candidate for a position replaced by direct elections (president, governor, mayor, etc.) or for membership in a public authority (i.e., as a rule, for a deputy ) or local government.

Electoral commissions are endowed with significant powers in the preparation, organization and conduct of elections.

The Central Election Commission of the Russian Federation manages the activities of election commissions for the election of the President of the Russian Federation, deputies of the State Duma, for holding referendums of the Russian Federation, exercises control over compliance with the law in the preparation and conduct of elections to federal bodies, registers electoral blocs, candidates for the post of President of the Russian Federation, etc. The Central Election Commission of the Russian Federation, together with the election commissions of the constituent entities of the Russian Federation, exercises control over the observance of the electoral rights of citizens, distributes funds allocated from the federal budget for financial support, and controls their intended use. Of great importance is the right of the Central Election Commission to issue instructions on the application of federal electoral legislation, which are binding on all election commissions in the Russian Federation.

The most numerous are precinct election commissions (this is the lowest link in the system of election commissions), which play a necessary and important role in organizing and conducting elections. It is these commissions that familiarize voters with the lists of voters, ensure the preparation of voting premises, ballot boxes and other equipment; It should be especially emphasized that this link in the system of election commissions organizes voting at the polling station on election day, counts the votes and establishes the election results at this polling station.

District election commissions are of great importance in the election of deputies to the State Duma. They, in particular, coordinate the activities of territorial and precinct election commissions, register candidates for deputies and their proxies, manage the funds allocated for the preparation and conduct of elections in the constituency, approve the text of the ballot for voting in this single-mandate constituency; it should also be emphasized that the district election commission establishes and publishes the results of voting in a single-mandate constituency.

The expenses of election commissions for the preparation and conduct of elections are financed from the appropriate budget, depending on the level of elections (from the federal budget, the budget of a constituent entity of the Russian Federation, and the local budget).

The activities of election commissions are carried out publicly and openly. On voting day, from the very beginning of the work of precinct election commissions and until the signing by its members of the protocol on the results of voting (i.e., during the counting of votes), candidates, proxies, representatives of the media, observers sent by candidates, public and electoral associations. Foreign (international) observers have the same right.

Publicity in the activities of election commissions is also manifested in the fact that their decisions are published in the press, transferred to other mass media, and candidates, their proxies, representatives of electoral associations and mass media have the right to attend meetings of the relevant election commission.

Elections cover the actions of Russian citizens, electoral associations, election commissions and state authorities in compiling voter lists, nominating and registering candidates, conducting election campaigning, voting and summarizing its results, and other electoral activities.

At the beginning of the electoral process - appointment of elections. At the federal level, the elections of the President of the Russian Federation are appointed by the Federation Council of the Federal Assembly, and the elections of deputies of the State Duma of the new convocation are appointed by the President of the Russian Federation. Elections to other bodies of state power are appointed by the competent state bodies, officials, according to the level of elections.

Constituencies

For the purposes of elections, constituencies - electoral units. The relevant election commissions determine the boundaries of the electoral districts and the number of voters in them, which are approved by the relevant representative state authority, local self-government body no later than 60 days before the election day. For example, the scheme of single-mandate electoral districts for holding elections of deputies of the State Duma of the second convocation, their description, indicating the number of voters in them, were approved by the Federal Law*.

*Federal Law "On approval of the scheme of single-member districts for holding elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the second convocation" of August 17, 1995 // SZ RF. 1995. No. 34. Art. 3425.

The elections of half of the deputies of the State Duma, elected by proportional system, and the elections of the President of the Russian Federation are held in a federal electoral district, which includes the entire territory of the country.

Single-member constituencies are usually formed, from which one deputy is elected, but in the regions multi-member constituencies can also be used (two or more deputies are elected from one multi-member constituency).

Electoral districts are formed subject to the requirements of approximate equality of electoral districts in terms of the number of voters and the unity of the territory of the electoral district (it is not allowed to create an electoral district from territories that do not border on each other, are not adjacent to each other, except for legal exceptions, i.e. it is impossible to "tear" the territory districts into unrelated parts). It is allowed, in certain cases and within limits, to deviate from the average norm of representation and form several larger or smaller districts. In the formation of electoral districts in compliance with the above requirements, at the same time, the administrative-territorial division is taken into account.

For the conduct of voting and counting of votes of voters, the formation of polling stations. Polling stations are formed by the head of the municipality in agreement with the relevant election commissions. For the convenience of citizens, polling stations should not include more than a certain number (3,000) of voters. As already mentioned, polling stations are formed not only at the place of permanent residence of people, but also in places of their temporary residence, in hard-to-reach places.

Of great importance for ensuring the electoral rights of citizens, the preparation of elections is compilation of voter lists. The list of voters is drawn up separately for each polling station by the relevant election commission. The voter lists include all citizens of the Russian Federation who have an active electoral right on the voting day, and a citizen can be included in the voter list in only one polling station. The list of voters shall be submitted for general familiarization not later than 20 days before election day.

plays an important role in the election campaign nomination and registration of candidates; the significance of this stage of the electoral process is due to the fact that the composition of candidates is determined - those from whom the voters will elect the president, deputies, etc.

The right to nominate candidates belongs to voters, electoral associations, electoral blocs.

Candidates can be nominated directly voters(at the initiative of a voter, a group of voters) of the relevant constituency and in self-nomination. Candidates, as well as lists of candidates*, may also be nominated by electoral associations, electoral blocs.

*List of candidates - a single list of persons nominated by an electoral association, electoral bloc in elections to a legislative (representative) body of state power or a representative body of local self-government.

Electoral associations

Electoral associations play an important role in nominating candidates and in election campaigns. Electoral association - a political public association (political party, political organization, political movement) registered in accordance with the procedure established by law, the main statutory goals of which are: participation in political life society through influence on the formation of the political will of citizens, participation in elections to public authorities and local governments through the nomination of candidates and the organization of their election campaign, participation in the organization and activities of these bodies. In order for an electoral association to take part in the election campaign, its current charter must be registered no later than one year before voting day.

Electoral associations may form electoral blocs. Electoral bloc - a voluntary association of two or more electoral associations with the rights of an electoral association for joint participation in elections. Electoral associations during the election period may act independently or may join blocs.

Electoral associations, electoral blocs can nominate both individual candidates for districts and lists of candidates (for example, federal lists of candidates for deputies of the State Duma).

Decisions on the nomination of candidates (lists of candidates) from electoral associations are made by secret ballot in accordance with the level of elections held at congresses, conferences, meetings of public associations, their regional or local branches.

In support of candidates, lists of candidates nominated by electoral associations, electoral blocs, directly by voters, signatures of voters must be collected in the manner and quantity established by law, or an electoral deposit must be paid. Signatures are collected only from voters with active suffrage in the constituency in which the candidate agrees to be nominated. The participation of administrations of enterprises of all forms of ownership, institutions and organizations, coercion in the process of collecting signatures, remuneration of voters for signing is not allowed in the collection of signatures. It is forbidden to collect signatures in the process and at the places of issuance wages. In cases of gross or repeated violation of these prohibitions, the collected signatures may be declared invalid, the registration of the candidate (lists of candidates) can be cancelled. The right to collect signatures belongs to an adult capable citizen of Russia. A candidate, electoral association, bloc can conclude an agreement with him on the collection of signatures; payment for this work is carried out only through their election funds. When collecting signatures, the voter, putting his signature on the signature sheet, personally indicates in it his last name, first name, patronymic, address of the place of residence, series and number of the passport or a document replacing it, the date of signing.

The initiative to collect signatures under a candidate's application for his nomination may come from any voter (voters). Thus, during the elections of deputies of the State Duma, the right to nominate a candidate for running in a single-mandate constituency belongs to every citizen of the Russian Federation who has an active suffrage and has reached the age of 21 on election day. In order to nominate a candidate for the post of President of the Russian Federation, every citizen or group of citizens of the Russian Federation with an active right to vote may also form an initiative group of voters (not less than 100 people). The initiators of the collection of signatures in support of the nomination of a candidate notify the relevant election commission of their initiative.

Federal legislation establishes an upper limit for the number of signatures of voters in support of nomination required for registration of a candidate (list of candidates) - no more than 2% of the number of voters in the district. However, within these limits, a smaller number of signatures required for registration may be established in the election of specific federal and regional bodies. In support of the nomination of a candidate for deputies of the State Duma, at least 1% of the signatures of voters from the total number of voters of the corresponding single-mandate constituency must be collected, and in support of the federal list of candidates nominated by an electoral association, an electoral bloc in a federal district, it is required to collect at least 200 thousand signatures. signatures of voters, while one subject of the Federation should account for no more than 14 thousand signatures. Similar rules apply to the collection of signatures in support of candidates for the post of President of the Russian Federation. An electoral association, an electoral bloc or an initiative group of voters that nominated a candidate for this position must collect at least 1 million* signatures of voters, and no more than 70 thousand signatures should fall on one subject of the Russian Federation. This means that each of the candidates must demonstrate support for a certain, significant number of regions. And when voting for federal lists of candidates for deputies and elections of the President of the Russian Federation, such preliminary conditions for the registration of candidates (list of candidates) are designed to ensure that the most famous, popular electoral associations, candidates who have a certain political support and authority among the masses of voters are included in the ballot papers. , including in the regions. And in general, the requirement of a certain number of signatures of voters in support of candidates should contribute to this.

*In case of early or repeat elections - 500 thousand rubles.

Next, registration of candidates (lists of candidates) is carried out by the relevant election commission on the proposal of electoral associations and voters. At least the established number of signatures in support of these candidates (lists of candidates) required for their registration shall be submitted to the election commission. Electoral commissions can arrange verification of signature lists.

The period for nominating candidates is significant in time and should be at least 45 days for elections of federal state bodies (may be shorter for elections to state authorities of the constituent entities of the Federation and to local governments).

If no candidate is registered in the constituency within the established time limits, or if their number is less than or equal to the established number of mandates, then the elections in this constituency are postponed. Thus, elections must always be alternative. This is usually what happens in practice.

The law establishes equal rights and obligations of candidates and establishes guarantees for their activities.

After registration, candidates who are in the state or municipal service, as well as working in the media, are released from their official duties for the duration of their participation in the elections and are not entitled to take advantage of their official position. The President of the Russian Federation, running for a second term, or the Chairman of the Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, temporarily acting as President of the Russian Federation and registered as a candidate for the post of President of the Russian Federation, continue to exercise their powers, but should not take advantage of their official position.

After registration, candidates, on their personal statements, are released from work, military service, military training and study for the period of participation in the elections, during which they are paid compensation. During this period, candidates cannot be dismissed from work at the initiative of the administration (employer) or transferred to another job without their (candidates') consent. After registration, a candidate cannot be held criminally liable without the consent of the Prosecutor General of the Russian Federation without the consent of the Prosecutor General of the Russian Federation (according to the level of elections, for example, a candidate for the position of the President of the Russian Federation, a candidate for deputies of the State Duma) arrested or subjected to administrative penalties imposed in court .

Election campaign

Of great importance in modern conditions is election campaign. Federal legislation establishes the right to pre-election campaigning - the state ensures the free conduct of pre-election campaigning in accordance with the law for citizens of the Russian Federation, public associations. They have the right to campaign "for" or "against" any candidate, electoral association in the forms and legal methods permitted by law. Election campaigning can be carried out through the mass media, by holding election events, including meetings and meetings with voters, public election debates and discussions, rallies, processions, demonstrations, production and distribution of campaign printed materials. Voting members of election commissions, state bodies, local self-government bodies, charitable organizations, religious associations, as well as persons holding state and municipal positions, state and municipal employees, military personnel in the performance of their official and official duties cannot participate in the election campaign. responsibilities.

Election campaigning starts from the day of registration of candidates and ends at zero hours the day before election day. The electoral legislation, while guaranteeing the right to campaign, at the same time does not allow abuse of this right. Abuse of freedom of the mass media, agitation inciting social, racial, national or religious hatred and enmity, calls for the seizure of power, forcible change of the constitutional order and violation of the integrity of the state, propaganda of war are not allowed.

Compliance with the procedure for conducting pre-election campaigning established by law is controlled by election commissions.

A significant factor in the pre-election campaign and, in general, the preparation and conduct of elections is their financial support. The expenses of election commissions for the preparation and conduct of elections are financed from the budget. At the same time, candidates and electoral associations are required to create their own electoral funds, and for the purposes of election campaigning, only Money transferred to election funds. Such election funds can be created from a number of sources: funds allocated to an electoral association or candidate in equal amounts for election campaigning by an election commission; own funds of a candidate, electoral association (except for cases when the said funds have foreign sources); funds allocated to the candidate by the electoral association that nominated him; voluntary donations from citizens and legal entities. Legislation establishes the maximum amount of funds transferred to such funds by candidates, electoral associations, voluntary donations from individuals and legal entities.

Vote

occupies a special place in the electoral process. vote. Its procedure is regulated in detail by law.

Voting in the Russian Federation is held on one of the days off. The voting itself is carried out by the voter putting on the ballot any sign in the square (squares) relating to the candidate (candidates) or the list of candidates in favor of which the choice is made, or to the position “against all candidates (lists of candidates)”. Voting is personal; voting for other persons is not allowed. A voter who is absent from his place of residence for a certain period of time up to and including election day is given the opportunity to vote early. The opportunity to participate in voting is also provided for persons who, for health reasons or for other good reasons cannot arrive at the polling station. To do this, precinct election commissions have portable ballot boxes; in this case, voting takes place outside the voting premises (for example, at the homes of such voters). The organization and conduct of voting outside the polling station must exclude the possibility of violating the electoral rights of a citizen, violating the secrecy of voting, distorting the will of the voter.

In the polling station, voters fill out ballot papers in a specially equipped booth or room in which the presence of other persons is not allowed. If the voter cannot fill out the ballot on his own, he has the right to use the help of another person who is not a member of the precinct election commission or an observer for this.

The ballot paper must contain the seal of the precinct election commission and the signatures of at least two of its members. Upon receipt of the ballot, the voter signs in the list of voters. Completed ballot papers are dropped by voters into ballot boxes.

The final stage of the election determining their results. At polling stations, the counting of votes is carried out by voting members of precinct election commissions. The voters' ballots taken from the ballot boxes are counted; a protocol on the results of voting is drawn up. The results are reported to the higher commission. The results of the elections are determined by the relevant election commission. Voting results, persons elected as deputies, officials, are determined in accordance with the rules of proportional (in proportion to the number of votes received) or majoritarian (by majority of votes) electoral systems. Proportional and majoritarian electoral systems can be used in combination, as is the case in the elections of deputies to the State Duma of the Federal Assembly of the Russian Federation.

The principles of suffrage are the conditions, the observance of which gives the elections a truly democratic character and makes their results legitimate. The principles of suffrage can be divided into two large groups. Universal, equal and direct suffrage by secret ballot, free and voluntary participation of a citizen in an election campaign are among the principles that characterize the participation of citizens in elections. Obligation, periodicity, alternativeness, competitiveness and publicity should be attributed to another group of principles - reflecting the organization and conduct of elections. Such a classification of the principles of suffrage in various options found in the literature. Without a doubt, universal, equal and direct suffrage, the secrecy of voting occupy a dominant position in the hierarchy of principles. They are basic, universal principles. This status is given to them by international legal documents, the national constitutions of many states. According to paragraph 3 of Art. 21 of the Universal Declaration of Human Rights, the will of the people must be expressed in periodic and non-false elections, which must be held with universal and equal suffrage, by secret ballot or by other equivalent forms that ensure freedom of voting. A similar provision is contained in Art. 25 of the International Covenant on Civil and Political Rights. The document of the Copenhagen Meeting of the Conference on the Human Dimension of the Council for Security and Cooperation in Europe (hereinafter referred to as the CSCE) in 1990 contains provisions according to which the participating states: guarantee adult citizens universal and equal suffrage; ensure that voting is conducted by secret ballot or an equivalent free voting procedure is used and that the counting and reporting of votes is fair and official results are published.

Universal suffrage means the participation in the elections of all citizens of the Russian Federation with a minimum of restrictive qualifications that are not subject to broad interpretation. These criteria will be met by capable citizens of the Russian Federation who have reached a certain age established by law for the exercise of active and passive suffrage Foreign citizens, stateless persons by general rule excluded from the electoral process. They are not subjects of the electoral right. At the same time, since the adoption of the Federal Law of September 19, 1997 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", foreign citizens permanently residing in the territory of the municipality had the right to elect and be elected to local government bodies .

The appearance of such a norm in Russian legislation is by no means accidental. It is not exclusive, but dictated by the rules of the European Community. According to the Convention on the Participation of Aliens in public life at the local level, signed at Strasbourg on February 5, 1992, every foreign resident is granted the right to vote and be elected in local elections, if he falls under the same conditions that apply to citizens of the state. Maastricht Treaty concluded by member states European Union in 1992, established the so-called European citizenship. This allows any European, no matter in which country - a member of the European Community he may be, to have the opportunity to participate in the elections of local governments.

The idea of universal suffrage, now perceived as commonplace, actually made its way with great difficulty. It was necessary to prove its necessity not only in the silence of politicians' offices, but sometimes even at the barricades. Its recognition in international legal documents has made universal suffrage a fundamental principle of political life.

The principle of equal suffrage indicates that citizens participate in elections on an equal footing, exercising their right to vote and be elected. In other words, it is directly related to the exercise of both active and passive suffrage. All electors have an equal number of votes in relation to each other, and this number coincides with the number of mandates distributed. With regard to elections in single-mandate districts, the principle of equality is embodied in the formula "one voter - one vote." In multi-member constituencies with a different number of mandates, each voter has a number of votes equal to the number of mandates to be distributed in the constituency with the smallest number of mandates, or one vote. The principle of equal suffrage fully applies to candidates for deputies, for elective positions in state authorities and local self-government. As a general rule, they participate in elections on an equal footing, having equal rights and incurring equal duties.

In this regard, the Constitutional Court noted that equal suffrage consists primarily in the fact that each voter has one vote (or the same number of votes) and participation in elections on equal grounds. It was emphasized that this is ensured by the inclusion of a voter in no more than one list of voters, the formation of constituencies that are in principle equal in number of voters, compliance with the established norms of representation, the provision of equal legal opportunities for participation in the election campaign for candidates, as well as other legal, organizational, informational methods. guaranteeing the actual representation of the people in elected bodies of public power. electoral right to vote russian

The principle of equal voting rights has many faces. It finds manifestation in many episodes, at different stages of the electoral process. The Constitutional Court of the Russian Federation noted that a change in the rules for counting votes during a repeat voting in the process of elections that have already begun violates the principle of equal suffrage, and such a retreat casts doubt on the legitimacy of the decisions of the legislative body.

Principle direct suffrage means that voters vote in elections for candidates (lists of candidates), for or against a candidate all lists of candidates), against all candidates (lists of candidates)”) (Article 6 of the Federal Law of June 12, 2002). Each voter votes personally, voting for other voters is not allowed (clause 4, article 64). The President, deputies of the State Duma of the Federal Assembly, heads of municipalities, deputies of regional authorities and local self-government bodies are elected by direct expression of will in the Russian Federation.

Secret ballot as a principle of suffrage excludes the possibility of any control over the will of a citizen. Secret voting is ensured by a special procedure for expressing the will of voters, which is regulated in all nuances by the electoral legislation. One of key points this procedure - filling out a ballot paper in a booth specially designed for this purpose or separate room for voting. Filling out a ballot without entering the voting booth is not a violation of the law, since secret voting is a right for a citizen, not an obligation. MV Baglai calls it an absolute privilege of the voters. A violation of the electoral legislation will be a situation that excludes the possibility of voting in booths or in special rooms. The international community always makes high demands on the observance of this principle. This is how these requirements are revealed in the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE. Participating States are called upon to ensure that the law and public policy allow political campaigning to take place in an atmosphere of freedom and fairness in which no administrative action, violence or intimidation prevents voters from voting freely without fear of retribution. The secret ballot procedure is precisely aimed at ensuring this right.

Free And voluntary participation of citizens in elections is another principle of suffrage. The electoral legislation reveals its content as follows: no one has the right to influence a citizen in order to force him to participate or not to participate in elections or to prevent his free expression (clause 3, article 3 of the Federal Law of June 12, 2002). This right stems from the relevant provisions of international legal documents: the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Declaration on Criteria for Free and Fair Elections, ratified or supported by the Russian Federation in different years. A number of European states (Belgium, Luxembourg, Italy, Greece, etc.) consider the right to elect as a duty of their citizens. This issue is being resolved in Italy with extreme curiosity. According to Art. 18 of the Italian Constitution, the vote is personal and equal, free and secret. True, a reservation is immediately made: its implementation is a civic duty. European official structures have found justification for the discrepancy that has developed between the principle of free elections declared in international legal documents and the legal obligation of voters to vote, formulated in the national legislation of a number of states. According to them, free elections are not elections in which participation is voluntary, but elections in which the (mandatory) act of voting allows free choice.

Similar initiatives are gaining momentum in the Russian Federation.

The principles of the electoral law governing the participation of Russian citizens in elections are enshrined in the Constitution of the Russian Federation only in relation to the election of the President of the Russian Federation.

With regard to other elected bodies of power, these principles are expressed in special electoral legislation. However, this does not reduce their high value.

To the second group of principles of Russian electoral law, which should be guided by organization and conduct of elections, the obligatory and periodicity of elections, their alternativeness, competitiveness and publicity are attributed.

Requirement and periodicity elections as the principles of their organization are enshrined in Art. 9 of the Federal Law of June 12, 2002. These principles are also based on international documents. For example, the European Convention for the Protection of Human Rights and Fundamental Freedoms, taking into account the varying lengths of the terms of office of elected bodies, is cautious about the need for a reasonable frequency of elections. Their reflection in the law is quite justified, because elections are the only democratic way to form government bodies. In addition, the appearance of these provisions in our legislation was a reaction to the repeated cases of election evasion.

Alternative and competitiveness elections provide voters with a real opportunity to choose one of several candidates through free will. According to the Constitutional Court of the Russian Federation, alternativeness as necessary condition free elections refers to the very essence of suffrage. That is why, without voting on several candidates, this right loses its real content. While the general election must always be by alternative, it is possible to hold a second ballot for one candidate. This norm is permitted by the Federal Law of June 12, 2002, and received the approval of the Constitutional Court of the Russian Federation.

Competitiveness of elections implies competition, rivalry of candidates, electoral associations, which is ensured by many norms of the electoral legislation.

Publicity of elections-- an integral feature of Russian election campaigns recent years. The publicity regime is supported by many legislative norms. In order not to list them, we will refer to the innovations of the Federal Law of June 12, 2002. It contains several new articles on information support for elections, informing voters, public opinion polls, the totality of which is designed to promote the conscious expression of the will of citizens, the transparency of elections.

10. Universal, direct, equal suffrage, secret ballot. Universality means that all citizens of the Russian Federation who have reached the age established by law have the right to elect authorities and nominate their candidates for election. Direct suffrage means that citizens only vote for or against a candidate, political party. Other forms of expressing one's opinion are not allowed. Equal suffrage means that citizens of the Russian Federation participate in elections on an equal footing. One citizen has one vote. Voting in elections is secret, excluding the possibility of any control for whom a citizen casts his vote. Citizens vote in special voting booths, where they enter one at a time (with the exception of a number of cases). Polling booths are equipped in such a way that the rest of the citizens cannot trace who the voter is voting for.

Slide 14 from the presentation "Suffrage and Elections". The size of the archive with the presentation is 1673 KB.

Social science grade 11

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The basis of the modern hut. rights laid down principles general, direct, secret and equal elections . This assumes that all adult citizens of the state, regardless of gender, race, nationality, age, religion, place of residence, directly choose all verticals of power. Voting is carried out secretly, i.e. no one, without the knowledge of the citizen himself, has the right to know for whom he voted.

The principle of universality implies that citizens who have reached the age established by law have the right to vote, that there should be no property or other restrictions. In fact, the general surplus the right is limited to the participation in elections only of the electorate, that is, those citizens who, by law, have the right to vote. As a rule, the electorate and the total number of citizens who have reached the huts. age do not match. According to the Code of the Russian Federation, citizens recognized by the court as legally incompetent, persons held by a court verdict in places of deprivation of liberty, as well as those in respect of whom a measure of restraint has been chosen - detention, do not participate in elections.

The principle of equality means that voters have an equal number of votes. The number of voters in each hut. the district should also be approximately equal. However, in practice these requirements are not always met and the "one person, one vote" rule is violated. The way in which districts are drawn is important.

As noted in the decision of the Constitutional Court of the Russian Federation of March 23, 2000 in the case of checking the constitutionality of Part 2 of Art. 3 of the Law of the Orenburg Region of September 18, 1997 "On the Election of Deputies to the Legislative Assembly of the Orenburg Region" in connection with complaints received from citizens, the provision itself on holding elections in a majoritarian hut. system simultaneously in single and multi-member huts. districts may not contradict the Constitution of the Russian Federation and the equality of the rights of citizens enshrined in it to elect and be elected to public authorities. However, this is allowed only if equal conditions are guaranteed for the sale of huts by citizens. rights. Since the disputed regional law did not provide for such guarantees, giving voters an unequal number of votes in different districts, it was declared unconstitutional in the part that allowed for such inequality. In order to exclude the possibility of violating the principle of equal representation, izb. legislation provides for the use of a number of legal entities. mechanisms. In particular, it contains a set of rules (requirements) for the procedures for the formation of huts. districts.

73. Principles of citizenship of the Russian Federation: mechanisms for resolving issues of citizenship.

The principles of citizenship of the Russian Federation and the rules governing issues of citizenship of the Russian Federation cannot contain provisions restricting the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation.

1. Citizenship of the Russian Federation is uniform. By virtue of the federal structure of Russia, this principle is one of the most important and is enshrined in K. (Art. 6). A single citizenship in a federal state is a necessary condition for its sovereign status, maintaining integrity.

2. Citizenship of the Russian Federation is equal regardless of the grounds for acquisition. Legislation does not establish any peculiarities in the legal status of persons who have become citizens of the Russian Federation for various reasons: by birth, in connection with the adoption of citizenship, restoration of citizenship, adoption, etc. The time of acquisition of citizenship also has no legal significance.

3. Citizenship of the Russian Federation has an open and free character. 1) this is expressed in the fact that, according to the Law, in the Russian Federation every person has the right to citizenship; in the presence of such a form of acquiring citizenship as admission, which is also carried out on grounds accessible to a person. In accordance with international human rights instruments calling on states to strive to reduce the number of stateless persons, the Russian Federation is pursuing an active policy in this regard, encouraging the acquisition of citizenship of the Russian Federation by stateless persons living on its territory without preventing them from acquiring another citizenship. 2) the free nature of citizenship of the Russian Federation is expressed in the fact that K. and the Law establish the right of a citizen to change citizenship. No one can be deprived of this right.

4. A citizen of the Russian Federation cannot be deprived of his citizenship. Deprivation of citizenship is the termination of civil ties at the initiative of the state, unilaterally, which does not provide for the consent of the citizen as a condition. The prohibition in the Constitutional Code of the Russian Federation and in the Law on Citizenship to deprive a person of citizenship follows from the human right to citizenship, the bilateral nature of the relationship between a person and the state, which implies the termination of this relationship by both sides only by mutual agreement.

5. A citizen of the Russian Federation may have the citizenship of a foreign state (dual citizenship). This option is provided according to with fed. law or an international treaty of the Russian Federation (Article 62 of the C. RF).

Citizens of the Russian Federation who also have other citizenship cannot, on this basis, be limited in their rights, evade the performance of duties or be exempted from liability arising from the citizenship of the Russian Federation. The passage of military or alternative service by them is regulated by international treaties of the Russian Federation and the fed. laws.

6. Russian legislation comes from the principle of retaining the citizenship of the Russian Federation by persons residing outside its borders. This kind of principle follows from the natural right of a person to choose his place of residence, freely travel outside the Russian Federation and return without hindrance. The denial of this freedom in the past was a gross infringement of human rights and freedoms.

7. Citizenship of the Russian Federation is based on denial of its automatic change when a citizen of the Russian Federation enters into or dissolves a marriage with a person who does not belong to its citizenship, as well as when another spouse changes citizenship. This principle reflects the essence of citizenship as an individual, personal connection of a person with the state, the inadmissibility of automatic termination of citizenship, without the will of the person and compliance with the established procedure.

8. The Russian Federation guarantees its citizens protection and patronage outside its borders. This principle is enshrined in the Code of the Russian Federation (Article 61) and in the Law on Citizenship. A citizen of the Russian Federation cannot be expelled from its borders or extradited to another state. For arrests committed by a Russian citizen abroad, he is subject to responsibility under the laws of their country. This principle expresses the responsibility of a citizen to his state, the need to ensure the guarantees adopted in the state for the protection of his rights and interests in the corner. process.

Principles of suffrage (electoral system) refers to the mandatory requirements and conditions, without which any election cannot be recognized as legitimate. These principles are formulated in international legal acts, the Constitution and laws of the Russian Federation.

Art. 3 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of the Russian Federation" determines that a citizen of the Russian Federation participates in elections on the basis of universal, equal and direct suffrage by secret ballot.

Participation of a citizen of the Russian Federation in elections and referendums is free and voluntary.

Important! It should be borne in mind that:

Each case is unique and individual.
Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

Thus, to principles of citizen participation in elections can be attributed:

1. universal suffrage;
2. equal suffrage (equal electoral rights and obligations);
3. direct suffrage (voters vote directly, without intermediaries);
4. secret ballot;
5. free and voluntary suffrage.

Universal suffrage

A universal suffrage is one in which all adult male and female citizens have the right to take part in elections. Special conditions that restrict this right are called qualifications. Russian electoral law knows two types of qualifications:

- age qualification;
- residency requirement (residence in the relevant territory for a certain period).

In the Russian Federation, active suffrage and the right to vote in a referendum are granted to citizens who have reached the age of 18, and upon reaching the age established by the Constitution of the Russian Federation, federal laws, constitutions (charters) of the constituent entities of the Russian Federation, a citizen can be elected to bodies of state power and local self-government. Federal laws may establish additional conditions for the exercise of passive suffrage that do not allow holding an elective office for more than a specified number of terms in a row. The stay of a citizen outside the place of his permanent or predominant residence during the holding of elections or a referendum in this territory cannot serve as a basis for depriving him of the right to participate in elections to state authorities of the corresponding subject of the Russian Federation or local self-government bodies. Foreigners can elect and be elected only to local self-government bodies, if this is provided for by an international treaty of the Russian Federation. Of the persons with active suffrage, an electoral corps, or electorate, is formed. This concept also covers citizens of the Russian Federation living outside its borders.

Giving citizens active suffrage does not mean forcing them to participate in elections (mandatory vote). A citizen is free to decide whether to participate or not to participate in elections which achieves the voluntary participation of citizens in elections.

As for passive suffrage, it is based on additional conditions established by the Constitution of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation. Thus, a citizen of the Russian Federation not younger than 35 years old, permanently residing in the Russian Federation for at least 10 years, can be elected President of the Russian Federation. Passive suffrage is also limited by a number of other federal laws and laws of the constituent entities of the Russian Federation. So, legislatures there cannot be judges, prosecutors, officials of bodies. Military personnel, employees of internal affairs bodies, employees of the Prosecutor's Office of the Russian Federation may be elected as deputies of the State Duma, heads of administrations of constituent entities of the Russian Federation, deputies of legislative bodies of constituent entities of the Russian Federation, officials of local self-government, but their service is suspended from the day of their election for a term of office. Deputies working on a permanent basis, elected officials are not entitled to engage in entrepreneurial, as well as other paid activities, with the exception of teaching, scientific and other creative activities. It is not allowed to be elected to two or more elected bodies, to fill a position in the civil service.

Equal suffrage is interpreted in federal law as the participation of citizens in elections "on equal grounds." This parsimonious formula means that all citizens who meet the requirements of the law and are not legally barred from voting have equal rights and obligations as voters.

The principle of equality is relevant for both active and passive suffrage. Citizens must be in an equal position when registering as voters, when nominating candidates for deputies, when presenting them during an election campaign, when determining voting results, etc., that is, at all stages. No voter can be given more votes than others (this rule is known in constitutional law as "one person - one vote"). All votes must have "equal weight", i.e. equally affect the outcome of the election.

Direct suffrage means that voters vote for or against candidates (list of candidates) directly in elections. Direct elections allow citizens, without any intermediaries, to hand over their mandate to those persons whom they know and whom they trust in this post.

Comment

Earlier in Russia, actual indirect elections were provided for governors (presidents) of the constituent entities of the Russian Federation, who were empowered by the legislative assemblies on the proposal of the President of the Russian Federation (clause 1, article 18 Federal Law No. 184-FZ of 06.10.1999"About general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation").

Currently in the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) is elected by citizens of the Russian Federation residing on the territory of this constituent entity of the Russian Federation and possessing active suffrage in accordance with federal law, on the basis of universal equal and direct suffrage by secret ballot.

Secret ballot- an obligatory attribute of a democratic system of elections, an absolute privilege of voters. The voter shows his own without any control over him, pressure or intimidation, and also with the preservation of his guaranteed right to never tell anyone about his choice of this or that candidate. Ballots are not subject to numbering, and no one has the right to try to identify the used ballot, i.e., to identify the voter.

Voting Rights Guarantees

The electoral rights of citizens are legally protected from any discrimination. It is established that a citizen of the Russian Federation can elect and be elected regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances (Article 32 of the Constitution RF).

Elections of bodies of state power and local self-government are obligatory and are held within the terms ensuring observance of the terms of office of these bodies or deputies. If elections are not scheduled by the relevant body, then the relevant election commission has the right to do so.

Russian federal election legislation does not provide for any educational, linguistic, sexual or property qualifications.

Qualification of the previous election means that a person cannot be elected to a certain position if this person has held this position for several terms of office before the election. So, in part 3 of Art. 81 of the Constitution of the Russian Federation states that the same person cannot hold the office of the President of the Russian Federation for more than two consecutive terms.

The considered qualifications represent certain restrictions on active and passive suffrage. The latter also includes such specific restrictions as non-election and incompatibility.

Non-election means that certain officials cannot stand for election until they have retired from their post (certain ranks of civil servants, governors, judges, prosecutors, officers and generals, etc.). The legislation of the Russian Federation does not provide for the institution of non-election.

As for incompatibility, it means a ban on simultaneously holding an elective and other public office. Incompatibility does not preclude the possibility of electing a person holding public office to a representative body, but if elected, that person must decide whether he retains public office or renounces his deputyship.

Incompatibility has found its legislative reflection in the legislation of the Russian Federation. So, in part 3 of Art. 97 of the Constitution of the Russian Federation it is written: "Deputies of the State Duma cannot be in the public service, engage in other paid activities, except for teaching, scientific and other creative activities." In addition, the law stipulates that persons who continue to work in law enforcement agencies, judges, etc. cannot be deputies of representative bodies of any level. By holding a position in these bodies, citizens can exercise their passive electoral right - to be elected deputies, but after being elected they can become deputies only if they vacate their position.