Citizens of the Russian Federation are endowed with a large number of rights in relation to the choice of government bodies, the formation of the composition of local government structures, and even the introduction of amendments to the Constitution of the country. In terms of the content of laws governing elections in Russia, our country is one of the most democratic in the world. Of course, we are far from Switzerland with its direct democracy, but the state gives the Russians all the resources for full-fledged governance of the country.
What is suffrage
Suffrage is a system of laws governing how elections are held at various levels of government, or as such the right of citizens of a country or city to participate in the election process as a voter or as a candidate. In both meanings, suffrage may concern, for example, elections to the State Duma, elections of the President of Russia, regional and municipal leaders.
The interpretation of the term “suffrage” related to the participation of citizens in elections implies its passive appearance and active. The first is when a person becomes a candidate for a certain managerial or political position. The second - when he chooses himself. Sometimes this classification is called the division into objective law, when a person chooses someone, and subjective, when he becomes a candidate. A key feature of any right is the existence of restrictions for some individuals and the absence of restrictions for others. So it is in the case of suffrage: not all citizens and not all individuals with physical access to elections are given the opportunity to vote or to be candidates.
Fundamentals of suffrage in Russia
The heads of municipalities, federation entities, deputies of councils and the State Duma, mayors, the president of Russia - they are all elected (if any federal and regional laws in the absence of contradictions with other acts do not allow otherwise) by citizens on the basis of universal, equal and free elections, subject to secrets of voting. Suffrage in the Russian Federation is based on specific legislation, which is divided into several levels. These are federal laws (Federal Law) on suffrage, regional and municipal acts.
Elections in Russia are general, that is, any citizen is entitled to elect and be elected. There is a certain qualification, but it has a very reasonable basis: only adult citizens (over 18 years old) can vote (that is, use active or subjective suffrage), and candidates (use passive or objective law) - people who are 21 years old. The laws do not allow voting and being elected to citizens recognized by the court as legally incompetent, and also serving sentences in places of deprivation of liberty. The universality of law in Russia means that a citizen who was denied access to elections by the competent authorities can appeal this in court and expect to receive a response no later than two days later.
The main sources of suffrage in Russia
Suffrage is a rule-based phenomenon. Key for Russia are the following. Firstly, it is the Constitution of the Russian Federation, the main law of the country. Secondly, it is the Federal Law “On the Referendum”, which regulates the mechanisms of national expression of will on issues related to the status of the whole country. Thirdly, these are federal laws that govern elections to government bodies, as well as explain key provisions of the electoral law of Russian citizens. Among these are the federal law “On the election of the President”, “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local authorities”. Fourth, the sources of suffrage in Russia include presidential decrees, local acts of executive heads of regional authorities and municipalities. Sometimes the implementation of suffrage becomes the prerogative of the State Duma and the Central Election Commission, which, if necessary, issue relevant decisions.
The suffrage of Russians
Guarantees of the electoral rights of citizens in modern states acquire the character of a system controlled by a number of specific laws. They determine the procedure in accordance with which the selection of officials or political organizations to represent the interests of citizens in various government bodies. There is a separate law regulating these democratic procedures - the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation”.
Among the most important, practically significant and necessary guarantees for citizens, lawyers note the following. Firstly, these are political guarantees. They are associated with a variety of ideologies, the equality of people, united by a community of interests before the law, freedom of agitation, and the involvement of independent observers. Secondly, these are material guarantees of suffrage: the costs of holding elections at various levels are borne by the budget of the country, region or municipality. Thirdly, these are actually legal guarantees designed to ensure the legitimacy of elections. Citizens, in accordance with these guarantees, can appeal the actions of various officials involved in the organization of voting and the calculation of results.
Types of electoral systems in Russia
Suffrage is a kind of mechanism. The sustainability of its work involves following certain standards. Among those, for example, the format of the electoral systems. In Russia there are two of them - majority and proportional. As part of the first, elections are held in single-member or multi-member districts. Voting results are calculated based on the majority of the votes cast for the candidate or candidates. The rule of the absolute majority can be applied when a candidate needs to get more than 50% of the vote to win, or relative, when the winner is the one who receives at least one vote more than any of the competitors.
A proportional format is when voters vote for lists of candidates formed by political associations (parties or blocs). The majority system is typical for the election of the President of Russia, heads of subjects of the federation, mayors. A proportional format is used in elections to the State Duma or local representative bodies of power. However, in some regions there are precedents for the election of deputies to local authorities and according to the majority system.
Specific formats of electoral systems are established by laws of various levels. If we are talking about the election of the president or deputies of the State Duma, then the federal level rules apply. In turn, in elections held in the constituent entities of the Russian Federation, in the municipalities, local legislative norms come to the fore, but only if they do not contradict federal laws and the country's Constitution. Any laws regarding the regulation of election procedures must comply with the Federal Law "On Basic Guarantees of Electoral Rights", which was mentioned above.
Who and how changes the Constitution
As mentioned above, the Constitution of the Russian Federation is the main law of the country. All subordinates must comply with it. The Constitution can be partially revised (only in chapters 1, 2, and 9), it can be amended (from chapters 3–8).
Who is empowered to propose amendments to the text of the Constitution or to revise parts of it? Many authorities have this right: the President, the State Duma, the Federation Council, the Government of Russia, and the representative bodies of the regions. The specific course of the revision of parts of the Constitution will depend on which particular authority took the initiative. Fact: citizens can directly participate in changing the Constitution of the country.
For example, if more than 60% of the votes of members of the Federation Council and State Duma deputies spoke in favor of revising the provisions of the Constitution, the Constitutional Assembly is immediately convened. Its participants can take one of two decisions: leave the main law of the country unchanged or develop a new project. And here, citizens of Russia can join the process. If two-thirds of the composition of the Constitutional Assembly can not decide, then it is proposed to do the Russians. For the adoption of a new draft of the Constitution, more than half of the citizens voted “for”, and the turnout exceeded 50%. The right to vote in the Russian Federation is also an opportunity for residents to adopt or change the basic law.
Another example is the consideration of a bill amending the Constitution in chapters 3 to 8 of the State Duma. This takes place in three readings, which is very similar to the procedure for adopting federal laws. The amendments must be approved by at least two-thirds of the deputies. After passing three readings, the bill passes to the Council of the Federation for discussion and there three-quarters of the members should vote “for”. If this happens, then the bill is published in official publications, and citizens can familiarize themselves with it. At the same time, he is sent to the representative bodies of the constituent entities of the Federation. For the bill to become a full-fledged law, it is necessary that two-thirds of the regional authorities approve it. If this happens, the act is sent for signing to the president of Russia.
State Duma Elections
The Russian system of suffrage implies several different types of elections. One of them is the election of deputies to the lower house of the Russian Parliament (State Duma). This procedure is regulated by the Federal Law "On the election of deputies." According to this act, State Duma deputies are elected by citizens subject to secret ballot. 450 deputies are always elected to the lower house of Parliament. The choice is made at the federal level in proportion to the votes cast for the lists of candidates from parties. That is, you cannot vote for a specific person, but only for the political association in which he is registered. Having received such a percentage of votes, the party receives a proportionate number of seats in the State Duma from 450.
Citizens of Russia who are over 18 years old can elect deputies. Also, adult Russians can participate in the formation of party lists of candidates, campaign, observe how the elections go, how election commissions work (including exercising control over the calculation of results). Citizens who are 21 years old can themselves try themselves as candidates in the State Duma elections.
Elections of deputies of the lower house of Parliament are appointed by the president of the country. The head of state must give the green light no later than 90 days before the date of voting (the first Sunday of the month when the term of office of the State Duma of the current convocation expired).
The most important, if not key, role in the election of State Duma deputies is played by election commissions. They implement the voting process in local precincts - in cities and villages. In elections to the State Duma, any party may attract its representatives to the election commissions. There are three of them: a member of the commission with a casting vote, a person authorized to give an advisory vote, an observer. Each of them is endowed with a certain range of functions. The rights of a member of an election commission are enshrined in law. Let's see what, for example, an observer can do. Firstly, he monitors the correctness of the vote count. Secondly, he has the right to consider ballots for their integrity, the correctness of the marks “for” or “against”. He can observe the correctness of drawing up a protocol reflecting the results of the vote, get acquainted with other documents related to the elections.
What is direct democracy?
There is such a thing - direct suffrage. It is a procedure when laws are adopted not by a representative body (Council or Duma), but by the inhabitants of a country or political entity. The methods here may be different: congresses, forums, etc. Historically, direct democracy preceded representative democracy. This form of government was practiced during the time of ancient civilizations, in the
early Middle Ages (including in Russia in the form of a national council).
Nowadays, direct democracy is found only at the level of small groups (say, when choosing a headman in a university group). There are elements of direct popular government in some municipalities, for example, in Israeli kibbutzim, in the Swiss cantons (plus in the framework of national referenda held in Switzerland).
An example of direct democracy in Switzerland
Consider the Swiss model of direct democracy. Here is an example when the right to vote guaranteed by the institutes of direct democracy is an instrument of influence on national politics. Recently, a referendum was held in the country, where the issue of tightening immigration policy was being decided. In order to pass stricter laws, 78.8% of the Swiss voted. As a result, in the fall of 2015, it will be more difficult for potential migrants to naturalize in this European country: for example, special camps will be created to verify the identity of refugees. This precedent, according to several analysts, has shown the rest of the world how effective and close people are, direct democracy, and how wide the electoral rights of citizens can be.
The history of Swiss democracy, according to most historians, takes its count from the XVI century. Then there appeared self-government bodies under the name Landshemainde, which controlled the life of local communities. Only men with the right to carry weapons were entitled to vote. The next step towards the emergence of direct Swiss democracy is the first referendum in May 1802. Then the constitution of the Helvetic Republic was approved by popular vote .
Now, any Swiss citizen can, firstly, vote, and secondly, initiate a national discussion of a bill, amending current acts, codes or even the country's Constitution. True, it will be necessary to collect a considerable number of signatures in order for the initiative to be registered. Their specific number depends on the types of referendum. In Switzerland there are two of them - optional (it requires 50 thousand signatures) and mandatory (100 000 signatures).
This difference is simply explained: an optional referendum is usually a process against a law passed by parliament, that is, certain conditions must arise to initiate an optional referendum, and a mandatory referendum is a “clean slate” process for which special conditions are not required.
Russian presidential election
Russia, according to many experts, is a presidential republic. That is, the post of head of state is not nominal here (as, for example, in Germany), the president de jure and de facto concentrates huge power in his hands, and therefore Russian suffrage gives the procedure for choosing the head of state a number of special features that distinguish this process from the election of, say, deputies of the State Duma.
The election law states that a citizen under the age of 35 cannot become the president of Russia (in the case of elections to the State Duma, the age limit is 21 years). This is due to the special role and high responsibility of the elected head of state. Also, the candidate for president of Russia must live at least ten years in his country. Regarding this qualification, there are two interpretations. Some lawyers are sure that ten years of residence can be obtained by summing up the different periods of stay in Russia. Others believe that one must live continuously.
If in the elections to the State Duma one and the same party can occupy at least all 450 seats as many times as you like in a row, then you can only become president of Russia twice in a row. It is believed that a limited number of re-election of the head of state can impede authoritarianism. The change of personalities for the presidency, as some political scientists believe, is a condition for the peaceful, lawful behavior of the opposition, which always has a chance to stand for election and win. Otherwise, the opposition can arrange a coup. The Constitution of Russia allows the same person to occupy the presidency three times, four times and more times, but not twice in a row.
Elections of the head of the Russian state are appointed by the Federation Council no later than 120 days before the date of voting. As in the case of the election of deputies of the State Duma, voting takes place on the first Sunday of the month in which the term of office of the president expires. By the way, the Federation Council may not call the elections, but they will be held on the second or third Sunday of the month in which citizens elected the president last time.
Elections of the head of state in Russia can be declared invalid in several cases. Firstly, if less than half of the voters came to the polls. Secondly, if the Central Election Commission found a large percentage of violations in the counting of votes. Thirdly, elections are canceled if the voting results are invalid for more than 25% of the polls.
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