What is an election. Constitutional law of foreign countries

A procedure established for the selection of a person for office or position by a vote of members of the community or their representatives. There is no single electoral procedure suitable for all states and their citizens. Under conditions of national sovereignty, the right to govern must be based on the will of the people expressed in periodic and valid elections. The will of the people is reflected by the following factors:

Great Definition

Incomplete definition ↓

ELECTIONS

a way of forming state bodies, local self-government bodies, public associations, etc., consisting in their election by the population or another body.

V. can be: direct - when deputies or elected officials are elected directly ("directly") by the population. For example, elections of deputies of the State Duma, the President of the Russian Federation, representative bodies of the constituent entities of the Russian Federation and local self-government, heads of executive power of the constituent entities of the Russian Federation are direct; indirect - when the population elects electors, and they elect the appropriate persons. For example, voters in the United States elect electors, and the latter elect the President of the United States. (In the Russian Federation, the formation of the upper house of the Federal Assembly - the Federation Council can be considered a kind of indirect election: the chairman of the representative body of the constituent entity of the Russian Federation, first elected by the population as a deputy, and then by his colleagues to the post of chairman, and the head of the executive branch of the subject elected by the population, become members of the Federation Council ex officio); multi-stage - when the population directly elects deputies only of grassroots representative bodies, and the latter further elect deputies (delegates) of the next level of representative bodies. Such were, in particular, the elections in the RSFSR in the 1920s and 1930s, when the population elected deputies to rural Soviets and city Soviets. Rural councils elected delegates to the volost congress of Soviets, and he elected delegates to the county congress of Soviets. City Soviets and county congresses of Soviets elected delegates to the provincial congress of Soviets. The latter elected delegates to the All-Russian Congress of Soviets, which was the highest (supreme) state authority of the RSFSR.

V. can be:

1. direct - when deputies or elected officials are directly elected by the population. For example, direct votes are those of deputies of the State Duma, the President of the Russian Federation, representative bodies of the constituent entities of the Russian Federation and local self-government, heads of executive power of the constituent entities of the Russian Federation;

2. indirect - when the population elects electors, and they elect the appropriate persons. For example, voters in the United States elect electors, and the latter elect the President of the United States. Most of the members of the Council of States - the upper house of the Indian Parliament - are elected by the members of the legislatures of the states and union territories. In the Russian Federation, the formation of the upper house of the Federal Assembly, the Federation Council, can be considered a kind of indirect V.: the chairman of the representative body of the constituent entity of the Russian Federation, first elected by the population as a deputy, and then by his colleagues to the post of chairman, and the head of the executive branch of the constituent entity elected by the population, become ex officio members of the Federation Council ;

3. multistage - when the population directly elects deputies only of grassroots representative bodies, and they elect deputies (delegates) of the next level of representative bodies. Such were, in particular, the elections in our country in the 1920s and 1930s, when the population elected deputies to village and city councils. Rural Soviets elected delegates to the volost congress of Soviets, the last - delegates to the county congress of Soviets. City Soviets and county congresses of Soviets elected delegates to the provincial congress of Soviets. The latter elected delegates to the All-Russian Congress of Soviets - the highest (supreme) body of state power of the RSFSR. Multi-stage elections are used in some foreign countries (for example, in China, the higher people's congresses, including the National Assembly, are elected by the lower people's congresses). (S.A.)

Great Definition

Incomplete definition ↓

The exercise of their suffrage by citizens is the most important form of their participation in government. The corresponding order and elections are usually enshrined in the constitutions of countries. Participation in elections is not just a constitutional right, it is an event requiring political responsibility from the participants. Such responsibility for the decisions made forms the legal and political of the elected and voters.

Elections may be parliamentary or presidential, general or partial, national or local, one-party, multi-party or non-partisan, regular or early, alternative or no alternative, direct or indirect. In direct elections, deputies or officials by the population. For example, in our country, direct are the President of the Russian Federation, deputies of the State Duma, representative bodies of the constituent entities of the Russian Federation. With indirect - the population of electors, who, in turn, elect the appropriate persons. In the United States, citizens elect electors, and they already elect the President.

All modern democratic powers hold elections, but not all elections are democratic. Sometimes only one candidate is involved with no alternative. Such elections are accompanied by intimidation and falsification. Free democratic elections are possible in the presence of alternatives, freedom to conduct an election campaign and freedom of expression of the will of voters. They must be universal, equal, direct and take place by secret ballot.

Elected positions are held by elected officials for a period of time, after which an election campaign is organized. The outcome of the election campaign is determined by the results of the vote. Therefore, the voting procedure is subject to high requirements. Polling booths shall be equipped in such a way as to ensure the secrecy of the expression of will. Election ballots are issued strictly upon presentation of a passport, so that it is impossible to vote several times. The ballot boxes are sealed, the results are recorded in the minutes, the presence of independent observers is mandatory.

Elections begin with the nomination of candidates. Each candidate must apply to the committee and submit the minutes of the meetings and his statement of desire for consideration. Then the collection of signatures begins, the registration of signature sheets and verification of their authenticity. These procedures are necessary for the initial registration of candidates.

A successful collection of signatures is an important but insufficient basis for registering a candidate. In addition, he must provide information about property, income. Then the final registration takes place, that is, the receipt of the candidate's certificate. Only after this is election campaigning allowed, which includes press conferences, meetings with voters, visual campaigning, television debates, rallies, and so on.

The day before the vote, the campaign ends. Then the elections take place directly, which consist of voluntary participation, secret ballot, counting of votes and announcement of the voting results. Everyone is valued equally. A single vote can ensure the success of a candidate.

After that, the information from each polling station is delivered to the territorial election commissions. The main purpose of these bodies is to control the conduct of elections and announce the results. At the end of the counting of votes, the commission draws up a protocol in which the figures of the voting results are indicated. The victory or loss of candidates depends on these figures.

Speaking about the electoral law and the electoral system in the Russian Federation, it is necessary to reveal a number of basic terms and concepts used in Russian legislation.

Elections - the most important institution of modern democracy, a form of direct expression of the will of citizens, carried out in accordance with the Constitution of the Russian Federation, federal laws, constitutions (charters), laws of the constituent entities of the Russian Federation, charters of municipalities in order to form a state authority, local government or empower an official.

Elections As a constitutional and legal institution of political regulation, they solve several problems:

First, they legitimize power. It is by election, not by appointment, that the people determine their representatives and give them a mandate to exercise their sovereign rights;

Secondly, they serve as a barometer of political life. It is the election results that give an objective assessment of the authority, the "rating" of certain political forces, show the mood of voters, determine the trends in political life;

- thirdly, elections are a means of selecting political leaders and their political concepts. This makes it possible for citizens to transfer leadership functions and power to those persons and political forces whose views and programs seemed to voters the most convincing.

Thus, elections, like a referendum, are a legalized form of direct popular will, an important manifestation of democracy, through which citizens exercise their right to participate in the management of public affairs.

Direct and indirect elections. The former are characterized by the fact that the issue of election is decided directly by the citizens. For indirect elections, it is typical that the issue of election is decided not by citizens, but by the persons elected by them - electors, deputies, etc. Indirect elections often elect the upper houses of parliaments, sometimes presidents, governments, judges, etc.

General (general) and partial elections. General elections involve the participation of all the voters of the country (for example, the elections of the lower or the only one, less often the upper house of parliament, the presidential elections). Partial elections (sometimes called by-elections) are held when it is necessary to replenish the composition of the parliament due to the early departure of individual deputies.

Elections are also national (held throughout the country) and regional, local (local) through which local governments are elected.

Elections may be held in one, two or more rounds. If the elections are not held, then repeated elections are held.

Finally, there are elections regular and extraordinary . As a rule, such a division refers to parliamentary elections. Regular elections are held either within the terms specified in the Constitution or in the law, or are called in connection with the expiration of the term of parliament. Extraordinary elections are called in case of early dissolution of parliament or chamber.

term, " electoral system ' is used in two senses. In a broad sense, these are ordered social relations associated with the elections of public authorities, which constitute the order of elections. In a narrow sense, an "electoral system" is a way of distributing deputy mandates by candidates depending on the results of voting by voters or other administrative persons.

A simpler definition of the term "electoral system" implies the procedure for organizing and holding elections to representative institutions, enshrined in legal norms, as well as determined by the established practice of state and public organizations.

Suffrage in the Russian Federation involves the use of various electoral systems.

Majoritarian electoral system is one of the main ways of holding parliamentary and other elections. Under a majoritarian system, a candidate acts in his personal capacity (he may be nominated by a party or otherwise) and, in order to be elected, must receive the required majority of votes in the constituency in which he is running.

Depending on the necessary majority established by law and how many deputies each constituency sends to parliament or other elected body, there are several varieties of the majoritarian system.

With a single-member system of relative majority the territory of the country is divided into constituencies approximately equal in population, in each of which one deputy is elected and the winner is the candidate who received more votes than the others. One round of elections is sufficient for this.

With a single-member system of absolute majority in order to be elected, a candidate must not only receive more votes than his rivals, but also collect more than half (50 percent + 1) of the votes of the voters who took part in the election. If none of the candidates achieved such a result in the first round, a second round is appointed, in which two candidates who received the largest number of votes in the first round go. The deputy who receives more votes than his opponent is considered elected.

In a multi-member system, two (or more) deputies are elected from each of the electoral districts. As a rule, these are one-round elections based on the principle of relative majority.

The disadvantage of the majoritarian system is that it makes possible a sharp discrepancy between the number of mandates received by a political party or other electoral associations and the number of votes collected throughout the country (or region where elections are held). However, this system allows the voter to assess the identity of a particular candidate, rather than vote for a party list (largely impersonal).

proportional electoral system, applies only in a multi-party system. Unlike the majoritarian electoral system, the voter does not vote for a specific candidate, but for one of the lists submitted by political parties or electoral associations admitted to participate in elections.

The technique of the proportional system, as a rule, is as follows: each subject of the federation (for example, land, autonomous district) or administrative-territorial unit (oblast, department) is considered as an electoral district, electing a certain number of deputies according to the size of its population. Parties submit lists where the number of candidates is equal to, or, more often, slightly more than the number of mandates to be replaced.

The party wins as many mandates as the number of times the electoral quota determined by mathematical means fits into the number of valid votes received by the party list. The procedure for determining the quota is established by law, and various methods are applied.

In most countries using a proportional system, only those political parties whose lists received more than a certain percentage of the vote, usually more than 5 percent (the so-called "barrier" designed to prevent excessive fragmentation of political groups in parliament) are allowed to distribute seats.

The advantage of the proportional system in comparison with the majoritarian system is that it gives more opportunities to represent the whole spectrum of the main political forces of the country in the parliament. The disadvantage is that the proportional system makes elections largely impersonal - many candidates on party lists are little known to voters.

In the modern era, in an increasing number of countries, the proportional system is used in combination with the majority system (the so-called mixed system).

Such mixed system was used in the parliamentary elections in Russia in 1993, 1995 and 1999. Half of the deputies of the lower chamber - the State Duma were elected according to party lists, and the other half - according to the single-member single-round majority system of relative majority (for this, the country's territory was divided into 225 single-member constituencies).

The Federation Council - the upper house - was elected in 1993 under a two-mandate one-round electoral system of relative majority: each subject of the federation acted as an electoral district. About 40 percent of the voters who took part in the elections voted for all the deputies elected to the State Duma in single-mandate districts; the percentage of those who voted for deputies of the Federation Council was slightly higher.

At present, the upper house of the Federal Assembly consists of the heads of the executive branch and representative bodies of the subjects of the federation (ie, two members of the Federation Council from each subject of the federation).

As a result of the use of the above electoral systems in the Russian Federation, conditions and guarantees for the exercise of electoral rights and the right to participate in a referendum of Russian citizens have been created, a system of independent electoral commissions has been formed, and the latest electoral technologies are being developed and introduced.

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Elections should be understood as a state-legal procedure established by law, during which citizens cast their votes for a party or candidate, as a result of which an elected (representative) authority is formed or a specific official is elected (holds his post) - the president, the mayor of the city, the judge etc. Elections are full-fledged and real only if two or more candidates or several parties participate in the competition.

Elections in a state with a normal (democratic) political regime are one of the most important events in the life of the state, determining the prospects for its development for a certain period of time. Through elections, authorities receive legitimation, i.e. popular support and recognition. Elections determine the alignment of political forces, reflect the influence of a particular party, electoral bloc, political group. Election results reflect the mood of voters, the trend of the country's development. An important consequence is the selection of political leaders - citizens are free to replace those who have not justified their trust with more worthy ones. So regular elections keep political leaders in shape, in suspense: in a few years they will have to account to the voters one way or another.

Types of elections. There are quite a few classifications of choices.

1) The simplest - depending on territory their implementation. According to this criterion, one distinguishes national elections which are carried out across the country, regional elections conducted within large territorial units, and local elections , covering an administrative-territorial unit or a city (that is, they unite citizens living in certain small territories who have their own local authorities).

2) Depending on who is chosen, the choices are divided into parliamentary, presidential, municipal, election of judges, sheriffs, coroners and other persons who perform important public duties and are endowed with broad powers.

3) Depending on the method of expression citizens (voters) elections are divided into straight and indirect . Direct elections are the direct election of a specific person to a specific post. Direct elections differ in that there are no intermediate steps between the voter and the candidate for whom he votes (or between the voter and the party). Indirect elections are a type of elections in which the will of voters is mediated by the will of a group of electors or is implemented through an existing electoral body. Indirect elections always have an intermediate stage. There are two types of indirect elections: indirect elections and multistage. At indirect elections through the will of the voters, a special college of electors, trustees, is created, who then directly elect a specific official on behalf of the voters. AT multistage elections it is not the electoral college that acts as the spokesman for the will of the citizens, but a permanent body: the local council, the parliament, or one of its chambers. So, for example, the president of Italy is elected by multi-stage elections (a collegium consisting of members of the lower house of parliament). In the People's Republic of China, the people's congresses of provinces, districts, a number of cities and autonomous regions, as well as the National People's Congress - the Chinese Parliament - are not elected directly by citizens, but by lower people's congresses. The people elected to one body then elect their representatives to another body.

4) Elections are also divided by time into regular and extraordinary . Regular elections are held after the expiration of a certain term of office of this body, i.e. the period established by law. Extraordinary (early) elections are held before the expiration of the term of office of the representative body or official. If this concerns an official, then there is only one reason - the vacancy of the position. The office of president or prime minister is vacated by death, resignation, or removal from office as a result of impeachment proceedings.

5) There are still elections additional , which are held depending on whether there are vacancies in the collegiate body. The need to conduct them arises when one of the members of parliament leaves it due to illness, death or voluntary resignation. By-elections are held in those constituencies where the departure of the deputy took place.

6) Partial Elections, unlike by-elections, are regular, obligatory and prescribed by law. Such elections are held for the purpose of partial renewal (rotation) of the collegiate elective body. Partial elections, for example, are held every two years with a partial renewal of the US Senate. US Senators are elected for six years, but not simultaneously - a third of the Senate is re-elected every two years.

In addition to the above classification of elections, some countries have their own specific terminology. For example, in the United States the term " by-elections » - elections that are held in the year when the president is not elected.

In American terminology, there is such a thing as " primaries "(primaries). These are elections, as a result of which candidates from one party or another are selected. Of the several candidates - Republicans and Democrats - is elected one at a time. These are party elections. The result of these elections is the selection of a candidate for the office of president, who will then be finally elected at the party's national convention.

There is such a thing as "compulsory elections" (compulsory voting). Obligation is ensured by imposing a sanction in the event that the voter did not take part in the vote. In Italy, such a measure of influence as public censure is provided: lists of persons who did not participate in the elections can be published in newspapers. All these more or less strict enforcement measures are applied to combat such a common phenomenon as absenteeism (from English, absent - absent) - voluntary non-participation of citizens in elections.

In constitutional law, the term "election" refers to the procedure for the formation of a state body or the empowerment of an official, carried out by voting of eligible persons, provided that two or more candidates can apply for each mandate so granted.

This definition allows distinguish elections from other procedures for the formation of state bodies and the empowerment of officials, in particular from the appointment made collectively by voting of authorized persons.

Through elections, various public authorities are formed - parliaments, heads of state, sometimes governments, judiciaries, local governments.

Elections in a state with a normal (democratic) political regime are one of the most important events in public life, determining the prospects for the development of the state for a certain period of time. It is rightly noted in the literature that through elections, government bodies receive legitimation, i.e. popular support and recognition.

Through them, the people determine their representatives and give them a mandate to exercise their sovereign rights. Thus, one of the most important human and civil rights is realized. The Universal Declaration of Human Rights, approved by the United Nations in 1948, in Part 3 of Art. 21 established: “The will of the people must be the basis of the authority of the government; this will must find expression in periodic and unfalsified elections, which must be held under universal and equal suffrage. By secret ballot or by other equivalent means ensuring freedom of voting.”

However, it is hardly correct to believe that through elections, the people transfer their sovereignty to the elected, as is sometimes written in the literature. Popular sovereignty is inalienable. Through elections, only the right to exercise it within the limits established by the constitution is transferred.

Therefore, no body, be it a parliament or a popularly elected president, can be considered the bearer of the sovereignty of the people. He is only authorized to exercise his constitutional competence, moreover, only during the term for which he was elected.

However, it should be noted that the legitimation of power is possible not only through elections. Judicial authorities are often formed by appointment by the head of state, executive authorities - by appointment by the head of state and / or parliament. And this does not negate their legitimacy, provided that the appointment is made in accordance with the constitution. As for the legislature, it is generally recognized that its legitimacy must necessarily be based not just on elections, but on general elections.

Elections serve as a barometer of political life. In the process of their implementation, the interests of various political forces, different views and platforms, which are carried by parties and other political associations, collide. Election results give an objective assessment of the degree of their influence, show the mood of voters, trends in political life.

Elections are a means of selecting political leaders, enabling citizens to hand over the reins of government to those individuals whom they consider worthy of exercising leadership functions and powers, whose programs have seemed the most convincing. But at the same time, one must keep in mind that voters do not always have the opportunity to choose between good and bad, or between good and better. It's not uncommon to have to make a choice between bad and worse. Hence such a phenomenon as absenteeism of voters, that is, their failure to appear at the elections.

Constitutional law divides elections into different types. There are quite a few classifications.

The simplest and most accessible classification is elections, which are classified depending on the territory where they are held. Elections based on this criterion are nationwide(which are carried out on a national scale) and regional (conducted within the framework of large territorial units (in relation to the United States, regional elections can be called elections within the states, in Canada - within the provinces, etc.)). There are also local elections. Local elections cover an administrative-territorial unit or a city. That is, they unite citizens living in certain relatively small territories, who have their own local problems and their own local authorities.

Depending on who is elected, the elections are divided into parliamentary, presidential, municipal, elections judges, sheriffs, coroners and other persons who perform important public duties and are endowed with broad powers.

Depending on the method of expression of the will of citizens (voters), elections are divided into direct and indirect.

Direct elections - this is a type of election when voters directly elect a specific person to a specific post. For example, one of the existing candidates is elected as a deputy or the right of one of the candidates who nominated their candidacy to continue to hold this position is confirmed. Direct elections elect in a number of countries the head of state - the president. There are direct presidential elections in France, Egypt, and a number of CIS countries. Direct elections are usually used in the election of the lower houses of parliaments. The main feature of the lower house is that it is elected by direct elections. In some countries, both houses are directly elected. For example, the US House of Representatives and Senate are directly elected, the same applies to Belgium, Italy and other countries. Direct elections - this is the case when between the voter and the candidate for whom he votes (or between the voter and the party), there are no intermediate stations, there are no intermediate steps.

Indirect elections are a type of elections in which the will of voters is not implemented directly, but is mediated by the will of a group of electors, or is implemented through an existing electoral body. Indirect elections are elections that have an intermediate stage. There are two types of indirect elections: indirect and multistage.

Indirect elections are such elections when, through the will of voters, a special college of electors (trusted persons) is created, who then, on behalf of the voters, directly elect a specific official themselves. Indirect elections were invented by the "founding fathers" of the American constitution. Who believed that the bulk of US citizens at that time were not ready to elect the president, and could make a mistake in this matter. Citizens, in their opinion, had to elect special people - electors, who then choose the most worthy. Such a system formally exists in the United States so far. By means of indirect elections in some countries elections of parliaments, governments, sometimes judges are held. Sometimes this type of election is used in other cases.

Multi-stage (multi-stage) elections are something other than indirect. Since the representative of the will of citizens is not the electoral college, but a permanent body: the local council, parliament or one of its chambers. So, for example, it is generally accepted that the president of Italy is elected by multi-stage elections, since he is elected by a collegium consisting of members of the lower house of parliament. In the People's Republic of China, the people's congresses of provinces, districts, a number of cities and autonomous regions, as well as the National People's Congress (Chinese Parliament) are not elected directly by citizens, but by lower people's congresses. That is, people elected to one body then elect their representatives to another body.

By time, elections are divided into regular and extraordinary. Regular elections are held after the expiration of a certain term of office of this body, i.e. the period established by law. For example, the term of office of an American president is 4 years. This means that every four years there are regular presidential elections in the United States. The term of office of the French president is 5 years. Every five years, French presidential elections are held.

Elections can be extraordinary (early). They are held before the expiration of the term of office of a representative body of power or an official. If this concerns an official, then there is only one reason - the vacancy of the position. The office of president or prime minister is vacated in connection with his death, resignation or removal from office as a result of the impeachment procedure. Then, since a new vacancy appears, extraordinary (early) elections are held. Extraordinary elections, if it concerns a collegial body (for example, parliament), are held most often in those countries where the legislation provides for the early dissolution of parliament. In this case, after the early dissolution procedure, early elections are called and a new parliament is elected.

Elections are also optional and partial. By-elections may or may not be held, depending on whether there are vacancies in the collegiate body. That is, they are held when members of parliament leave it due to illness, death or voluntary resignation. By-elections are held only in those districts where the loss of a deputy occurred. This is to ensure that all constituencies are represented and that all citizens have their representatives in Parliament.

Partial elections, as opposed to additional ones, are elections regular and obligatory. Partial elections are held for the purpose of partial renewal (rotation) of the collegial elective body.

Partial elections, for example, are held every two years with a partial renewal of the US Senate. The US senator is elected for 6 years, but senators are not elected all at the same time, and every two years 1/3 of the Senate is re-elected. The same procedure was adopted for the elections of the Senate of France. French senators are elected for 9 years. The Senate is renewed every 3 years by one third. By the way. Unlike the US Senate, which is renewed every 2 years by direct elections, the French Senate is elected by indirect multistage elections.

In addition to the above classification of elections, some countries still have their own specific terminology. In the United States, for example, the term "midterm" elections is used. By-elections are called mid-term elections, which are held in the year when the president is not elected. As mentioned earlier, in America, a president is elected every four years (every leap year). And at the same time, the House of Representatives, one-third of the Senate, a number of governors, mayors of cities, etc. are elected on the same day. That is, elections in a leap year when the president is re-elected are considered in America main, and elections two years later, when the lower house is also re-elected, part of the Senate is re-elected, etc., this is already intermediate elections.

There is another special kind of election (also in American terminology) - primary elections. Primary elections (premieres) - elections, according to the results of which the selection of candidates of a particular party is carried out. One is elected from several Republican candidates, and one from several Democratic candidates. These are party elections. Primary elections in the United States are open and closed. Open primary elections mean that any voter can come to the polling station and choose from several candidates one he likes. That is, it is assumed that if the voter appeared, then he is a member of this party. Its membership is not questioned, it is believed that a person himself knows what he is doing. Closed primaries require some form of proof of belonging to the party in which the election is being held. Ownership can be verified or certified in two ways. In some US states, the voter must swear that he is indeed a Republican or, respectively, a Democrat. He raises his hand and swears. In some states, when registering a voter, he is asked which party he supports, and a letter is placed next to the surname. If he answers that he is a Republican, then they put the letter R, if a Democrat - D.

Primary elections are held in all US states, this is a popular and well-known procedure. The result of these elections is the selection of a candidate for the presidency, who will then be finally elected at the national convention of the parties. By the way, formally, these “primaries” elect not just the most popular candidate, but elect delegates to the congress of this party, who promise to vote for a specific presidential candidate. If a particular presidential candidate, as the Americans call it, "won the primaries", i.e. won in most states, which means that he received a decisive number of votes at the future party convention. So those electors who were elected in the primaries and promised to support him will vote for him at the convention and he will become the official presidential candidate. Primary elections in the United States are held not only in the selection of candidates for the presidency, but also in the selection of candidates for other positions: when choosing governors or mayors of the cities where they are elected.

Among others, there is such a thing as obligatory elections (compulsory voting). Compulsory elections mean that the legislation of a country establishes the obligation for citizens to participate in elections. Obligation is ensured by establishing a sanction in the event that the voter does not take part in the vote. Compulsory elections are regarded by some politicians and scientists as a violation of the principles of democracy, while others take it calmly, not considering this fact a violation. The obligatory participation of a citizen in elections is ensured, for example, by the possibility of imposing a fine on a person who did not take part in the elections. A sanction in the form of a fine is provided for in Australia, Luxembourg, and Austria. Moreover, in some countries, more severe punishment may be applied to persons not participating in elections. For example, in Greece, Turkey and even in Austria, for some time, imprisonment was provided for non-participation in elections. The term of imprisonment is not very long, but for a respectable and law-abiding person, even 1-2 days spent in prison is enough for a strong shock for the rest of his life. In Italy, for non-participation in elections, such a measure of influence as public censure is provided. Lists of persons who did not participate in the elections may be published in newspapers. In Belgium, the system of measures of influence is differentiated. If a Belgian does not appear for the first time at the elections and does not notify the justice of the peace that he cannot appear at the elections, then he is subject to a fine of 3 francs. Failure to appear for the second time without a good reason, then, the fine increases to 25 francs. If the voter does not appear for the elections for the third time, then, in addition to a fine, his name will be indicated on a special announcement and posted in a public place. If he commits the same offense for the fourth time, then the Belgian citizen will be disenfranchised for a period of 10 years. In addition, he will not be able to get a position in the public service.

The legislation of Argentina also provides for something similar: a voter who does not show up for elections will be fined and deprived of the right to receive a position in the public service for 3 years.

Such measures applied to voters naturally have their effect. As some sources point out, in countries where liability for non-participation in elections is provided, the percentage of citizens who come to vote is very high. For example, in Belgium, 94.6 percent of registered voters regularly vote, in Australia - about the same (94.5). This percentage is very high in Austria - 91.6.

In general, all these strict and less strict enforcement measures are used in some countries to combat a phenomenon called absenteeism(from lat. absentee - to be absent). These measures are directed against the voluntary non-participation of citizens in elections. Absenteeism is characteristic of many countries. In those countries where they are fighting it, it gives results. However, a number of Western countries are indifferent to the non-appearance of voters. The statesmen and politicians of these countries believe that it is undemocratic to force citizens to vote.

What is the reason for the election evasion? There are several reasons why the problem of absenteeism arises. A number of voters are characterized by political apathy or disbelief in their political institutions. In the United States, a two-party system has the same negative effect, because if voters do not like both candidates, and there is no third or fourth candidate, then the voter does not go to vote. Mass evasion of voters from the elections can be a form of protest of the population against the policy of the ruling party, against the elections, in which the people see only a political fraud. Under these conditions, absenteeism is a form of boycott of "unfair" elections. Absenteeism is also generated by philistine sentiments. Some citizens believe that it is not at all necessary for them to participate in political events, that politics is a “dark” and incomprehensible matter. The reason for non-appearance in the elections for many citizens is their personal troubles in the socio-economic sphere. So, for example, the unemployed, people who have their own family problems, and they have no time to fulfill their civic duty, do not participate in elections.

Finally, a proposal is sometimes put forward: instead of punishing non-attendance at mandatory elections, introduce incentives for participation in ordinary, "voluntary elections." Turnout will ensure, as is believed, "minimal financial incentives for voters" who came to the polls. It must be provided for by law. The reason for this is that the elections take place on one of the days off, and "citizens have the right to claim material compensation for distracting them from their vacation."

In foreign countries, this practice is not yet applied. We know only one country - the small state of Andorra in the Pyrenees (13 thousand inhabitants), where those who vote in the elections are given a glass of wine or a very small amount - one peseta (about one US cent). It is unlikely that a few kopecks and even the hryvnia or the ruble will be able to provide a turning point in the voter turnout.

Periodicity of elections. Since the frequency of elections is determined by the term of office of elected bodies, it is obvious that we can talk about the frequency of only general or regional (local) elections. It allows voters to regularly update the composition of elected bodies, confirming their trust in elected officials or denying it. This encourages elected officials and political associations to take into account the moods and interests of voters, maintaining constant contact with them, convincing them of the correctness of their course or of their ability to properly support it, etc.

The length of the term of office is important and not always easy to determine optimally. The term of office of parliaments is usually 4-5 years, presidents 5-7 years. A short term of office makes it possible to more accurately reflect the momentary preferences and moods of the deputy corps in the composition of an elected body, but it does not allow elected officials to fully manifest themselves, to fulfill everything planned (for example, the term of office of the House of Representatives of the US Congress (parliament) is two years).

As for a long term of office, it can lead to a separation of the elect from the electoral corps, its needs and desires.

Short terms of office are preferable during a period of turbulent social transformations, when the mood of voters is not stable, political forces are in the process of formation and the balance of these forces often changes.

As a general rule, only a few parliaments can extend their term of office. Thus, the Canadian House of Commons can extend this period only in the event of a national crisis and only by votes of 2/3 of its members. In Finland, Italy, Great Britain, the extension of the term of office is possible by law only in time of war. With regard to the early termination of the term of office, entailing early elections, in parliamentary monarchies and republics, the dissolution of the parliament or the lower house by the head of state is allowed. The possibility of self-dissolution is not provided, although there are exceptions. For example, according to part 3 of article 4 of the Constitutional Law on Mutual Relations between the Legislative and Executive Powers of the Republic of Poland, as well as on territorial self-government of 1992, the Seimas can, by 2/3 of the votes of the legal number of its members, adopt a resolution on self-dissolution, than according to part 5 of this article the powers of the Senate, which itself does not have a similar right, are terminated. In presidential republics, parliament can neither extend nor shorten its term of office, and elections are held regularly. For example, in 1944, elections were held in the United States, regardless of the fact that the country participated in the Second World War. However, it is difficult to say how this problem would be solved if military operations were conducted on the territory of the United States itself.

As for presidents, constitutions usually do not say anything about the possibility of extending their term of office, but the possibility of shortening this term, as a rule, is provided.

4.Institute of recall.

The institution of recall is the exact opposite of the institution of elections. If through elections a person is endowed with a mandate, as well as a set of special powers and special responsibilities arising from it, then recall means early deprivation of the mandate at the will of those who are authorized to give this mandate by electing to a certain body or to an appropriate position.

It is necessary to distinguish from recall both the resignation of an official and the early deprivation of his mandate by the collegiate body (for example, the chamber of parliament) of which he is a member. Resignation differs from recall in that the elected person terminates his mandate of his own free will. Upon resignation, the mandate is withdrawn by an elected body, and upon recall, directly by the voters or other persons entitled to be elected.

The presence of the institution of recall is characteristic of the constitutional and electoral legislation of the "socialist" countries, where the principle of responsibility of the elected to the electors is usually established, albeit purely formally. But in practice, recall was usually not implemented, either due to the lack of a law regulating the procedure for recall (in the USSR, for example, there was no such law from 1936 to 1959), or because of the complexity of the procedure.

The corresponding constitutional and legal provisions are designed, on the one hand, to show the "advantages of socialist democracy", and on the other hand, to warn the deputies that in case of disobedience, they will find legal justice.

An example is the mechanism for regulating the recall of deputies by the 1982 Law on Elections to the National People's Congress and Local People's Congresses of the People's Republic of China. According to the second part of Art. 40 of the law, the recall of deputies directly elected by the population is carried out by a majority of votes of voters of this constituency. The recall of deputies elected by the assemblies of people's representatives at various levels is carried out between sessions of the assemblies by a majority vote of the members of their standing committees (during sessions, obviously by the assemblies themselves). The recalled deputy may attend the relevant meeting or express his opinion in writing. The decision to recall shall be brought to the attention of the Standing Committee of the Assembly of People's Representatives at a higher level. The recall initiative is regulated in Article 41 of the law, according to which any citizen or electoral unit can put forward a demand for the recall of a deputy who violates the law or discipline or grossly neglects his duties. The demand is put forward before the standing committee of the assembly of people's representatives, which promptly organizes an inspection and hears the relevant deputy. After verifying the authenticity of the accusations against the deputy, the issue is submitted to the constituency or electoral unit from which he was elected for its recall.

In democratic countries, the institution of recall is usually absent: it is believed that a negligent deputy can simply not be elected in the next election. If the elections are based on party lists of candidates, when the electoral districts are very large, then the withdrawal is difficult and technically difficult, in any case very expensive. However, in Japan, in some states of the USA and in some other countries, you can find the institution of recall mainly at the local level. In the United States, the recall of elected officials was first used in Los Angeles in 1903, and the state of Oregon was the first to include this institution in its 1857 constitution in 1906. Currently, the recall of elected officials is provided for in the legislation of 15 states, as well as the Federal District of Columbia and some island territories. The recall initiative requires signatures from 25% to 40% of the voters who voted in the last state gubernatorial election. Recall is used infrequently in the United States due to procedural difficulties (signatures must be collected in a short time in a notarized form), and also because if voters reject a proposal for recall, the initiators of the vote are charged with reimbursement of the costs of conducting it.

In Austria, the Federal Constitutional Law of 1920, as amended in 1929, provided for the possibility of recalling the Federal President. According to part 6 of article 40 of this law, “before the expiration of his term of office, the Federal President may be removed from office on the basis of a popular vote. A popular vote must be taken if so requested by the Federal Assembly (a joint meeting of the legislative chambers). The Federal Assembly is convened for this purpose by the Federal Chancellor (head of government) if the National Council (lower house) so decides. For a decision to be made by the National Council, at least half of its members and a two-thirds majority of the votes cast must be present. Such a decision by the National Council prevents the Federal President from continuing to perform his duties. The rejection, on the basis of a popular vote, of a proposal to remove the Federal President from his office is considered his new election and entails the dissolution of the National Council ... ”In practice, this institution was not used.

The presence in the legislative system of the institution of recall enables voters to directly deprive incompetent, irresponsible, dishonest persons of their posts, however, it cannot be ruled out that unjustified political influence on elected officials who, under the threat of recall, cannot perform their duties properly.

Topic 2: Basic principles of the electoral law.

1. Universal suffrage.

2. The principle of free participation in elections.

3. Equal suffrage.

4. Direct and indirect suffrage.