Election commission concept. Election commissions: types, order of formation, competence

1. Election commissions of the subjects Russian Federation are state bodies of the constituent entities of the Russian Federation that organize the preparation and conduct of elections and referendums in the Russian Federation in accordance with the competence established by this Federal Law, other federal laws, as well as the laws of the constituent entities of the Russian Federation.

2. Election commissions of the constituent entities of the Russian Federation act on permanent basis and are legal entities.

3. The term of office of election commissions of the constituent entities of the Russian Federation is five years. If the term of office of an election commission of a constituent entity of the Russian Federation expires during the election campaign, after the appointment of a referendum and before the end of the referendum campaign in which this commission participates, its term of office is extended until the end of this election campaign or referendum campaign. This provision does not apply during repeat and additional elections of deputies of the legislative (representative) body state power subject of the Russian Federation.

4. The number of voting members of the election commission of a constituent entity of the Russian Federation is established by the constitution (charter), the law of the constituent entity of the Russian Federation and cannot be less than 10 or more than 14.

5. The formation of an election commission of a subject of the Russian Federation is carried out by the legislative (representative) body of state power of the subject of the Russian Federation and the highest official subject of the Russian Federation (head of the highest executive body state power of a constituent entity of the Russian Federation) on the basis of the proposals specified in paragraph 1 of Article 22 of this Federal Law, as well as proposals of representative bodies municipalities, the election commission of the constituent entity of the Russian Federation of the previous composition, the Central Election Commission of the Russian Federation.

(see text in the previous edition)

6. Half of the members of the election commission of a subject of the Russian Federation are appointed by the legislative (representative) body of state power of the subject of the Russian Federation, the other half - by the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation).

7. Both the legislative (representative) body of state power of the subject of the Russian Federation and the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation) are obliged to appoint at least one-half of the number of members of the election commission of the subject of the Russian Federation appointed by them to based on the proposals received:

a) political parties that have nominated federal lists of candidates admitted to the distribution of deputy mandates in the State Duma Federal Assembly Russian Federation;

(see text in the previous edition)

b) political parties that have nominated lists of candidates admitted to the distribution of deputy mandates in the legislative (representative) body of state power of a constituent entity of the Russian Federation, as well as political parties that have nominated lists of candidates to whom deputy mandates have been transferred in accordance with the law of the constituent entity of the Russian Federation, provided for in paragraph 17 Article 35 of this Federal Law.

(see text in the previous edition)

9. Both the legislative (representative) body of state power of the subject of the Russian Federation and the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation) are obliged to appoint at least one member of the election commission of the subject of the Russian Federation on the basis of proposals received from the Central Election Commission commission of the Russian Federation.

10. Election commission of a constituent entity of the Russian Federation:

a) exercises control over the observance of electoral rights and the right to participate in a referendum of citizens of the Russian Federation on the territory of a constituent entity of the Russian Federation;

b) organizes the purchase technological equipment(voting booths, voting boxes) for precinct commissions, including on behalf of the Central Election Commission of the Russian Federation during elections in federal authorities state power, referendum of the Russian Federation; exercises control over compliance with technological equipment standards for precinct commissions on the territory of a constituent entity of the Russian Federation;

(see text in the previous edition)

c) ensures, on the territory of a constituent entity of the Russian Federation, the implementation of activities related to the preparation and conduct of elections, referendums, the development of the electoral system in the Russian Federation, the implementation, operation and development of automation equipment, legal training voters, vocational training members of commissions and other organizers of elections, referendums, publication of the necessary printed materials;

d) implements measures on the territory of a constituent entity of the Russian Federation to organize a uniform procedure for the distribution of air time and print space between registered candidates, electoral associations for election campaigning, between the initiative group for holding a referendum and other groups of referendum participants for campaigning on referendum issues, establishing the results voting, determining the results of elections, referendums, as well as the procedure for publishing voting results and results of elections, referendums;

(see text in the previous edition)

e) carries out measures on the territory of a constituent entity of the Russian Federation to organize financing for the preparation and conduct of elections to government bodies of a constituent entity of the Russian Federation, referendums of a constituent entity of the Russian Federation, distributes funds allocated from federal budget, budget of a constituent entity of the Russian Federation funds for financial support preparation and conduct of elections, referendums, controls intended use the specified funds;

f) approves the list of territorial commissions;

E.1) establishes a unified numbering of polling stations on the territory of a constituent entity of the Russian Federation;

g) provides legal, methodological, organizational and technical assistance to lower commissions;

h) listens to reports from authorities executive power subjects of the Russian Federation and bodies local government on issues related to the preparation and conduct of elections to government bodies of a constituent entity of the Russian Federation, local government bodies, referendums of a constituent entity of the Russian Federation, local referendums;

i) on behalf of the Central Election Commission of the Russian Federation, establishes standards in accordance with which lists of voters, referendum participants and other election documents, as well as documents related to the preparation and conduct of a referendum, are prepared;

In the Russian Federation there are the following types election commissions (Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”).

1. Central Election Commission of the Russian Federation (CEC). Consists of 15 members (appointed for 4 years), 5 of whom are appointed by the State Duma, 5 by the Federation Council, 5 by the President of the Russian Federation, with higher education legal education. The Central Election Commission exercises general control over the activities of lower-level election commissions, the organization and conduct of elections, and organizes and conducts elections to federal government bodies. CEC decisions are binding on all election commissions in Russia.

2. Election commissions of the constituent entities of the Russian Federation (EC). Formed by the legislative (representative) body of state power of the subject of the Russian Federation (half of the members) and the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation - half of the members). Exercises control over the activities of lower-level election commissions in a given subject of the Russian Federation, conducts elections to federal government bodies in the territory of this subject of the Russian Federation, organizes and conducts elections to government bodies of a given subject of the Russian Federation.

3. Election commissions of municipalities (ECME). May be a legal entity (if such a provision is provided for by the charter of the relevant municipality). The powers of the IKMO may be vested in the relevant territorial commission. The formation of IKMO (for 4 years) is carried out by a representative body of local government.

4. District election commissions (DECs). They are formed in cases provided for by law, are not legal entities, their powers may be vested in other election commissions. The OIC is formed by the corresponding ICS. The DEC organizes and conducts elections in the territory of the corresponding electoral district, monitors the activities of precinct commissions in the territory of this electoral district, and determines the results of elections in the territory of the corresponding electoral district. The term of office of the DEC expires on the day of the official publication of the decision to call the next elections at the appropriate level.

5. Territorial (district, city and other) commissions (TC). It is a permanent body, its members (5–9 people) are appointed by the relevant Executive Committee. The TC organizes and conducts elections in the relevant territory and monitors the activities of lower-level election commissions.

6. Precinct commissions (UC). Formed by the relevant higher election commission. Ensures the process of voters voting and counting their votes at the appropriate polling station. They are created only for the period of preparation and conduct of voting. Members of the CC directly count the ballots. If there are no complaints about its actions, the powers of the precinct commission are terminated 10 days after the official publication of the results of the relevant elections.

The preparation and conduct of elections in the Russian Federation are carried out by independent bodies specially created for this purpose - election commissions. This is a certain guarantee that elections will be held free and independent of any political influence from authorities or officials.

The election commission is a collegial body that organizes and ensures the preparation and conduct of elections.

The Russian Federation has a system of election commissions, which is associated with the federal nature of our state. The system and status of election commissions are regulated in the Federal Law of June 12, 2002 No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation.” The system of election commissions of the Russian Federation includes:

Central Election Commission of the Russian Federation(CEC of the Russian Federation) - is a federal government body, operates on a permanent basis and is a legal entity. The Central Election Commission of the Russian Federation organizes elections to federal government bodies, as well as holding a referendum of the Russian Federation. The term of office of the Central Election Commission of the Russian Federation is 5 years. The Central Election Commission of the Russian Federation consists of 15 members. Five of its members are appointed by the State Duma from among candidates proposed by factions, other deputy associations in the State Duma, as well as deputies State Duma Federal Assembly. At the same time, no more than one representative can be appointed from one deputy association in the State Duma. Five members of the Central Election Commission of the Russian Federation are appointed by the Federation Council from among the candidates proposed by the legislative (representative) bodies of state power of the constituent entities of the Russian Federation and senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation). Five members of the Central Election Commission of the Russian Federation are appointed by the President of the Russian Federation. Members of the Central Election Commission of the Russian Federation elect from among themselves the Chairman of the Central Election Commission of the Russian Federation, his deputy and the secretary of the Central Election Commission of the Russian Federation.

The Central Election Commission of the Russian Federation has a fairly wide range of powers:

a) exercises control over the observance of electoral rights and the right to participate in a referendum of citizens of the Russian Federation;
b) organizes the development of standards for technological equipment (voting booths, voting boxes) for precinct commissions;

this, approves these standards and monitors their compliance, and also organizes the placement of an order for the production of this technological equipment during elections to federal bodies of state power, a referendum of the Russian Federation;

c) ensures the implementation of activities related to the preparation and conduct of elections, referendums, the development of the electoral system in the Russian Federation, the implementation, operation and development of automation equipment, legal training of voters, professional training of members of commissions and other organizers of elections, referendums, publication of the necessary printed materials;
d) implements measures to organize a unified procedure for the distribution of air time and print space between registered candidates, electoral associations for election campaigning, between the referendum initiative group and other groups of referendum participants for campaigning on referendum issues, establishing voting results, determining election results , referendums, as well as the procedure for publication (publication) of voting results and results of elections, referendums, including in the information and telecommunications network common use"Internet";
e) takes measures to organize the financing of the preparation and conduct of elections, referendums, distributes funds allocated from the federal budget for financial support of the preparation and conduct of elections, referendums, controls the intended use of these funds;
f) provides legal, methodological, organizational and technical assistance to commissions;
g) carries out international cooperation in the field of electoral systems;
h) hears reports from federal executive bodies, executive bodies of constituent entities of the Russian Federation and local governments on issues related to the preparation and conduct of elections to federal bodies of state power and referendums of the Russian Federation;
i) establishes standards in accordance with which lists of voters, referendum participants and other election documents, as well as documents related to the preparation and conduct of a referendum, are prepared;
j) considers complaints (applications) against decisions and actions (inaction) of lower commissions and makes reasoned decisions on these complaints (applications);
k) exercises other powers.

Within the limits of its competence, the Central Election Commission of the Russian Federation has the right to issue instructions that are mandatory for execution.

Election commissions of the constituent entities of the Russian Federation are government bodies of the constituent entities of the Russian Federation that organize the preparation and conduct of elections and referendums in the Russian Federation. Election commissions of the constituent entities of the Russian Federation operate on a permanent basis and are legal entities. Their term of office is 5 years. The number of voting commission members of a constituent entity of the Russian Federation is established by the constitution (charter) and the law of the constituent entity of the Russian Federation and cannot be less than 10 or more than 14.

^ For example, the Moscow City Election Commission and the St. Petersburg City Election Commission are formed of 14 voting members.

The formation of an election commission of a subject of the Russian Federation is carried out by the legislative (representative) body of state power of the subject of the Russian Federation and the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation) as follows: one half of the members of the election commission of the subject of the Russian Federation is appointed by the legislative (representative) body of state power of the subject of the Russian Federation of the Russian Federation, the other half - by the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation).

Election commissions of municipalities carry out preparation and conduct of elections to local government bodies. By the charter of a municipal entity or a regulatory legal act of a local government body, the election commission of a municipal entity may be given the status of a legal entity.

[RGC For reference

The peculiarity of the status of the municipal election commission is that it is a municipal body and at the same time is not part of the structure of local government bodies. This is due to the fact that the municipal election commission does not resolve issues local significance, which is one of the most important features of a local government body.

The term of office of the municipal election commission is 5 years. At the federal level, it has been established that the election commission municipal district, urban district, intracity territory of the city federal significance is formed in the number of 8, 10 or 12 members with voting rights. The election commission of the settlement is formed of 6, 8 or 10 members with a decisive vote. The specific number of members of the election commission of a municipal formation is established by the charter of the municipal formation. The formation of the election commission of a municipal formation is carried out by the representative body of the municipal formation.

Federal Law No. 67-FZ of June 12, 2002 “On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” establishes that the powers of the election commission of a municipal entity may be vested in the territorial election commission. This is possible by decision of the relevant election commission of a constituent entity of the Russian Federation, adopted on the basis of an appeal from the representative body of this municipal entity. In this case, the territorial election commission becomes the commission that organizes the preparation and conduct of local elections and local referendums.

District election commissions, unlike the above-mentioned commissions, they are not permanent bodies. District election commissions are formed only when elections are held in single-mandate and (or) multi-mandate electoral districts.

In cases where district election commissions are formed, their term of office expires 2 months from the date of official publication of the election results, unless the higher commission has received complaints (applications) about the actions (inaction) of this commission, as a result of which the procedure for counting votes was violated, or if based on these facts there is no trial. The number of members of district election commissions for elections to state authorities of a constituent entity of the Russian Federation and local government bodies with the right to a decisive vote is established by the law of the constituent entity of the Russian Federation. Thus, at the federal level there are no requirements for the number of members of district election commissions.

^ For example. From the Electoral Code of the Belgorod Region dated April 1, 2005 No. 182: “District election commissions for the election of deputies of the Belgorod Regional Duma are formed by the regional election commission no later than 80 days before voting day in the number of 9-11 commission members with a decisive vote.”

From the Electoral Code of the Khabarovsk Territory dated November 26, 2003 No. 154: “District commissions for the election of Duma deputies are formed by the election commission of the region no later than 70 days before voting day in the number of 7-11 commission members with voting rights. District commissions for the election of deputies of representative bodies of municipal formations are formed by the corresponding commissions of municipal formations or territorial commissions entrusted with the powers of commissions of municipal formations, no later than 60 days before voting day in the number of 3-7 commission members with voting rights.”

The formation of a district election commission for elections to government bodies of a constituent entity of the Russian Federation and local government bodies is carried out by a higher commission. So, if elections are held to government bodies of a constituent entity of the Russian Federation, then the higher one will be the election commission of the constituent entity of the Russian Federation, which will form the district election commission.

Territorial (district, city and other) election commissions. These are bodies that operate on an ongoing basis. Their term of office is 5 years. Territorial election commissions are a link in the system of election commissions in organizing elections at the federal level and the level of constituent entities of the Federation. They are created and operate in urban areas, cities and other administrative-territorial units. At the same time, territorial commissions may not be created. Their powers in this case will be assigned to the relevant election commission of the municipality. The status of territorial election commissions is determined by the laws of the subject of the Russian Federation. By law of a constituent entity of the Russian Federation, a territorial commission may be given the status of a legal entity. Territorial commissions are formed in the number of 5-14 members with voting rights. The formation of a territorial commission is carried out by the election commission of a constituent entity of the Russian Federation. Within one administrative-territorial unit with a large number of voters, several territorial commissions can be formed, and the decision on their formation is made by the election commission of a constituent entity of the Russian Federation in agreement with the Central Election Commission of the Russian Federation.

Precinct election commissions are permanent bodies, their term of office is 5 years. The number of voting members of a precinct commission is determined by the territorial commission or official forming it, depending on the number of voters, referendum participants registered in the territory of the corresponding polling station, referendum precinct, within the following limits:

a) up to 1001 voters - 3-9 members of the precinct commission;
b) from 1001 to 2000 voters - 7-12 members of the precinct commission;
c) more than 2000 voters - 7-16 members of the precinct commission.

The formation of a precinct commission is carried out by a higher

election commission. Thus, deciding which specific election commission will form a precinct commission depends on the type and level of elections being held.

Basic regulatory legal acts Additional literature for studying the topic

Election commissions - independent collegial bodies, formed in accordance with electoral legislation, organizing and ensuring the preparation and conduct of elections at various levels.

Election commissions are independent and independent from state authorities, local governments and public associations. The Russian Federation has a complex and heterogeneous system of election commissions.

1. Central Election Commission of the Russian Federation (CEC RF)- works on a permanent basis and heads the system of election commissions, organizes elections at the federal level (elections of the President of the Russian Federation, elections of deputies of the State Duma)

2. Election commissions of the constituent entities of the Russian Federation (ECs of the Russian Federation)- act on an ongoing basis, participate in the organization of federal elections, organize regional elections (elections of deputies of legislative bodies)

3. Territorial election commissions- act on an ongoing basis, are formed on the territory of cities and districts, participate in the organization of federal and regional elections, they may be entrusted with the powers of election commissions of municipalities

4. Election commissions of municipalities- operate on an ongoing basis, formed on the territory of municipalities. Organize elections to local government bodies (municipal elections), local referendums and voting.

5. District election commissions- are formed shortly before the start of the election campaign during elections of deputies. A district commission may not be formed if its powers are assigned to a commission at another level.

6. Precinct election commissions- are formed during the election campaign (usually about a month before voting day) in the territories of polling stations during elections of any level, their powers usually end 10 days after voting day. These commissions are responsible for the direct work of organizing voting and counting votes.

The Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” establishes the procedure for the formation of election commissions. The CEC consists of 15 members and is formed by three subjects - the State Duma, the Federation Council and the President of the Russian Federation, 5 each.

Formation election commissions of the constituent entities of the Russian Federation carried out by the legislative (representative) and executive bodies of state power of these subjects on the basis of proposals from electoral associations, electoral blocs, public associations, elected bodies of local self-government, the election commission of a subject of the Federation or, accordingly, the district election commission of the previous composition.

Formation territorial election commissions, as well as district election commissions elections to government bodies of the constituent entities of the Russian Federation and local government bodies are carried out on the basis of proposals... (see above), and precinct election commissions- on the basis of proposals from electoral associations, electoral blocs, public associations, meetings of voters at the place of residence, work, service, study by the elected body of local self-government.

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Ministry of Education and Science of the Russian Federation

ROSTOV STATE ECONOMIC CENTERUNIVERSITY (RINH)

Faculty of Law

Department of Constitutional and Municipal Law

COURSE WORK

at the rate " Constitutional law»

on the topic “Electoral commissions in the Russian Federation: types and powers”

Millerovo 2017

Introduction

1. System of election commissions

1.1 Formation of the institution of election commissions in the Russian Federation

1.2 Types of election commissions in the Russian Federation

2. Powers of election commissions in the Russian Federation

2.1 Powers of election commissions that are state bodies

2.2 Powers of other election commissions

Conclusion

List of sources used

Introduction

Based on Art. 21 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation" dated June 12, 2002. No. 67-FZ (in current edition)Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation" dated June 12, 2002. No. 67-FZ (as amended) // Collection of legislation of the Russian Federation. 2002. N 24. Art. 2253. The Central Election Commission of the Russian Federation (hereinafter referred to as the CEC of Russia), election commissions of the constituent entities of the Russian Federation, lower election commissions ensure the preparation and conduct of federal, regional and municipal elections in the Russian Federation.

After the adoption of the Constitution of the Russian Federation in 1993, a system of election commissions was created in Russia, which plays an exceptional role in ensuring the fundamental constitutional rights of citizens of the Russian Federation - the right to elect and be elected to federal and regional bodies state authorities, local governments.

It should be emphasized that since the adoption of the Constitution of the Russian Federation, and then in October 1994, the Federal Law “On Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation” dated December 6, 1994. No. 56-FZ Federal Law “On the Basic Guarantees of Electoral Rights of Citizens of the Russian Federation” dated December 6, 1994 N 56-FZ // Collection of legislation of the Russian Federation. 1994. N 33. Art. 3406. The activities of election commissions have changed significantly. Elections at the federal, regional and local levels are organized and held in conditions of a multi-party system, competitiveness of candidates, openness, freedom of opinion, where everyone is free to cast their vote for whoever they consider most worthy to lead the state, region, district, city or represent their interests in legislative (representative) bodies of state power, local government bodies.

A citizen of Russia, who has active and passive voting rights, can freely nominate himself or another candidate, campaign for or against any candidate, participate or not participate in voting. Election commissions are guarding his rights - today they are actually involved in the organization and conduct of elections, independent in their decisions from state authorities and local governments, subject only to the law. This fundamental principle in the activities of election commissions is enshrined in paragraph 11 of Art. 21 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” and in the relevant federal and regional election laws.

The powers of election commissions are established in detail in the electoral legislation, electoral codes of a number of regions, as well as in the laws and regulations on election commissions of the constituent entities of the Russian Federation.

The relevance of the study of the types and powers of election commissions in the Russian Federation is due to the following factors. Happening in last years socio-political transformations in our country are accompanied by the emergence of many new state and public institutions and institutions. Nevertheless, public opinion, focused on the cardinal problems of the state, power, democracy, elections, until recently, ignored or did not pay due attention to some state institutions, without which it is impossible not only to understand the complexity of resolving these problems, but also to actually solve them. , of course, includes the institution of election commissions, which ensures, on the basis of the Constitution of the Russian Federation, the organization and conduct of elections of state authorities and local self-government.

The relevance of the institution of election commissions is largely due to the low level of political culture and the need to find new approaches to effective use legal means ensuring guarantees of the electoral rights of citizens of the Russian Federation. That is why a theoretical understanding of the types and powers of election commissions, their role in the process of preparing and holding elections seems very relevant and very significant.

When conducting a study of the types and powers of election commissions, the course work analyzed regulations regulating this topic, as well as scientific monographs, teaching aids, science articles such famous authors as T.T. Aliev, M.V. Baglay, V.O. Luchin, V.V. Pylin, S.V. Yusov.

Purpose course work is a study of the types and powers of election commissions in the Russian Federation.

To achieve this goal, the following tasks are solved in the course work:

1) consider the formation of the institution of election commissions in the Russian Federation;

2) determine the types of election commissions in the Russian Federation;

3) study the powers of election commissions, which are state bodies;

4) conduct an analysis of the powers of other election commissions.

The structure of the course work is determined by its purpose and objectives and includes an introduction, two chapters, a conclusion and a list of sources used.

1. Systemelection commissions

1. 1 BecomingInstitute of Election Commissions in the Russian Federation

The most important guarantee of ensuring the democratic development of the electoral process and the implementation of the constitutional electoral rights and freedoms of citizens and election participants is the system of election commissions formed on a fundamentally new basis, unknown to the electoral practice of past years. It should be noted that insufficient attention was paid to the issues of the functioning of election commissions both in the pre-revolutionary research literature and in the literature of the Soviet era. According to V.O. Luchin, “we can only highlight individual works I.D. Belyaeva, M.F. Vladimirsky-Budanov, V.N. Latkina, P.N. Mrochek-Drozdovsky, V.I. Sergeevich, A.Kh. Kabanov, which touched upon issues of organizing elections, including some comments on election commissions” Luchin V.O. Suffrage Russia: Textbook for universities. - M.: Law and Law, 2015. - P.345..

Currently, the institute of election commissions has attracted the attention of researchers both in articles, reports, and at the level of monographic studies, especially in the works of A.V. Ivanchenko.

Election commissions at various levels ensure the conduct of the election campaign and the formation of representative authorities. In paragraph 1 of Art. 21 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” presents all types of election commissions operating in the Russian Federation. These are the Central Election Commission of Russia, election commissions of the constituent entities of the Russian Federation, election commissions of municipalities, district election commissions for elections to legislative bodies and representative bodies of local self-government, territorial (district, city and others) election and precinct election commissions.

The number of election commission members is approaching one million. If we consider that in the elections, for example, to the State Duma in December 1999, 67 million voters, 5,800 candidates, 89 all-Russian political public associations took part, public control Since the elections were monitored by almost a million Russian and about 1,200 foreign observers from 58 countries, one can imagine the amount of work carried out within the framework of the system of election commissions.

Elections were no less intense in subsequent years. Thus, 69 million 537 thousand people took part in voting in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation on December 2, 2007. Preparations for the elections were carried out by 86 election commissions of the constituent entities of the Russian Federation, 2,748 territorial election commissions, and more than 95.5 thousand precinct election commissions.

More than 71 million voters took part in the elections of the President of the Russian Federation on March 4, 2012 at 94,315 polling stations. The number of election commissions of the constituent entities of the Russian Federation was 83. The Central Election Commission of the Russian Federation accredited a total of 685 foreign (international) observers from 58 states.

Thanks to the activities of election commissions in the country over the past 23 years (since 1993), the highest representative bodies of power have been successfully formed, elections of the President of the Russian Federation have been held six times, seven times deputies of the State Duma, once deputies of the Federation Council. In addition, regional and local elections were held without disruption.

These factors allow us to conclude that the system of election commissions turned out to be effective, and we have a qualitatively new character of electoral and legal culture. According to V.O. Luchin, “in this regard, one can hardly agree with the assessment of some researchers that the administration is really involved in organizing and conducting elections in Russia, and “election commissions play the role of decoration.” Of course, there are problems in the functioning of the system of election commissions, which are discussed in this textbook, but such an absolute and categorical assessment of a well-known researcher who knows the problem first-hand is hardly acceptable and, moreover, can largely disorient the reader.” 1 Luchin V.O. Decree. op. - P. 355..

Nowadays, election commissions are a system of permanent electoral authorities, multi-level and multifunctional, operating on a professional basis, with independent sources of funding and the status of a legal entity. Legally, financially, materially, organizationally and technically, they are independent of the monopoly of any party, government agencies and their officials have the necessary human resources capable of conducting election campaigns at the level of world democratic standards.

It is precisely this system of election commissions, as practice shows, that is capable of ensuring the free expression of the will of citizens during the periodic holding of free and politically competitive elections.

Of course, in this system the main link is the precinct election commission. It is on the shoulders of precinct election commissions that the main burden of organizing and conducting elections, working with voters, conducting an election campaign, counting and determining voting results falls. However, familiarity with the activities of precinct election commissions, their legal status, analysis of the relationship with higher election commissions, with state bodies, as well as local governments, shows that their place in the system of electoral authorities required significant improvement.

If we consider the system of election commissions that functioned in the last Soviet period in accordance with the USSR Law “On the Elections of People's Deputies of the USSR” dated December 1, 1988. Law of the USSR “On elections of people's deputies of the USSR” of December 1, 1988. // Gazette of the USSR Armed Forces. 1988. No. 49. P. 729., the powers of election commissions, they were clearly insufficient, especially with regard to the powers of the precinct election commission. They were largely truncated and did not fully correspond to their real functional activities, although their list was not exhaustive, but open. For example, the precinct election commission compiles voter lists for the precinct; familiarizes voters with the voter list, accepts and considers statements about irregularities in the list and decides on making appropriate changes to it; issues voting certificates to voters; notifies the population about election day and voting location; ensures the preparation of the voting premises and ballot boxes; organizes voting at the polling station on election day; conducts a count of votes cast at the polling station; considers applications and complaints regarding the preparation of elections and the organization of voting and makes decisions on them; exercises other powers in accordance with the law.

But in this list we will not find answers to questions about the financing of precinct election commissions, about logistics, about attracting the necessary workers and the conclusion contractual relations for execution individual species works, provision Vehicle on voting day.

However, these powers could not be exercised by the election commission itself. Therefore, from the very beginning of the commission’s work, district executive committees, as well as enterprises and institutions on whose territory the polling station was created, were actively involved in organizing elections. All work of precinct election commissions was directed by district party committees and local party committees. In this regard, the statement that Soviet legislation on elections has traditionally assigned the main mission to the commissions and ensuring the electoral process, is hardly true.

Thus, the truncated functions of election commissions, naturally, not only allowed for the intervention and assistance of party and state bodies in the affairs of the election campaign, but also presupposed it.

1989/90 campaign She also raised the issue of compliance with the rule of law by the election commissions themselves and the formation of a reliable mechanism for monitoring their activities. Control over activities was implemented at the level administrative decisions, violations of election legislation were punishable by dismissal from office on a personal statement or in connection with a transfer to another job.

Naturally, he legal status election commissions, which existed until 1993, could not satisfy the democratic public of the country in the conditions of alternative elections. Therefore, the President of the Russian Federation tried to remove election commissions from the influence of government officials and party leaders, defining the special status of election commissions, their independence from government bodies in resolving issues related to the preparation and conduct of elections.

This was enshrined in the Decree of the President of the Russian Federation “On measures to improve the electoral system in the Russian Federation” dated December 20, 1993 (as amended) Decree of the President of the Russian Federation “On measures to improve the electoral system in the Russian Federation” dated December 20, 1993 N 2227 (in the current version) // Collection of acts of the President and Government of the Russian Federation. 1993. N 52. Art.

Thus, the transformations in 1993 - 1994 led to the emergence of a new institution in electoral law, namely an independent system of election commissions.

1.2 Types of election commissions in the Russian Federation

According to existing legislation, election commissions are bodies that organize elections of the President of the Russian Federation, deputies of the State Duma, other federal government bodies provided for by the Constitution of the Russian Federation and elected directly by citizens of the Russian Federation in accordance with federal laws, elections to government bodies of the constituent entities of the Russian Federation Federation and local governments.

The term of office of all election commissions is 5 years (precinct election commissions until 2013 were formed only for the period of the election campaign to ensure the process of voting and counting votes).

In accordance with Art. 20 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” the following election commissions operate in the Russian Federation:

1) Central Election Commission of the Russian Federation;

2) election commissions of the constituent entities of the Russian Federation;

3) election commissions of municipalities;

4) district election commissions;

5) territorial (district, city and other) commissions;

6) precinct commissions.

The Central Election Commission of the Russian Federation (CEC of Russia) is an independent state body with a fairly broad competence, not part of any branch of state power and not subordinate to any other body.

In accordance with paragraph 1 of Art. 21 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation,” the Central Election Commission of Russia is a federal government body that organizes the preparation and conduct of elections and referendums in the Russian Federation in accordance with the competence established by this Federal Law and other federal laws. The law establishes that the Central Election Commission of Russia operates on a permanent basis and is a legal entity.

The Central Election Commission of Russia consists of 15 members, 5 of whom are appointed by the State Duma of the Federal Assembly of the Russian Federation, 5 by the Federation Council of the Federal Assembly of the Russian Federation, 5 by the President of the Russian Federation. Thus, none of the government bodies has a monopoly on the formation of the Central Election Commission. Members of the Russian Central Election Commission elect from among themselves the Chairman, Deputy Chairman and Secretary of the Russian Central Election Commission by secret ballot.

The Central Election Commission of Russia has an official printed organ - “Bulletin of the Central Election Commission of the Russian Federation”, as well as its official website on the Internet.

Election commissions of the constituent entities of the Russian Federation (ECS of Russia) are state bodies of the constituent entities of Russia that organize the preparation and conduct of elections in the Russian Federation in accordance with their competence, established by laws. ICS of Russia operate on a permanent basis and are legal entities (Article 23 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”).

The number of members of the EC of Russia with the right to a decisive vote is established by the constitution (charter), the law of the constituent entity of the Russian Federation and ranges from 10 to 14 members. The federal law establishes the procedure for the formation of the Russian ICS, which is focused on the independence and professionalism of these commissions. Half of the members of the ICS of Russia are appointed by the legislative (representative) body of state power of the constituent entity of the Russian Federation, the other half - by the highest official of the constituent entity of the Russian Federation.

The ICS of the Russian Federation may have an official publication and a website on the Internet.

Relatively new in the structure of election commissions is the municipal election commission (ECME). It is created to prepare and conduct elections to local governments and local referendums. They were first introduced by the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation”, and a detailed definition of IKMO was given in the Federal Law “On general principles organizations of local self-government in the Russian Federation" dated October 6, 2003 No. 131-FZ (as amended) The federal law“On the general principles of the organization of local self-government in the Russian Federation” dated October 6, 2003 No. 131-FZ (as amended) // Collection of legislation of the Russian Federation. 2003. N 40. Art. 3822..

IKMO has special status- it is a municipal body and is not part of the structure of local government bodies. This commission may be given the status of a legal entity by the charter of a municipality or a regulatory legal act of a local government body.

The procedure for the formation and powers of the IKMO are established by federal law and the law of the constituent entity of the Russian Federation adopted in accordance with it, as well as by the charters of municipal entities. The number of IKMO members is established by the charter of the municipality. The election commission of a municipal district, urban district, intracity territory of a city of federal significance is formed in the number of 8, 10 or 12 members with the right of casting vote. The election commission of the settlement is formed of 6, 8 or 10 members with a decisive vote.

District election commissions (DECs). Art. 25 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” establishes that district election commissions are formed in cases provided by law, during elections in single-mandate and (or) multi-member electoral districts. At the same time, the powers of the DEC may be assigned to other election commissions.

OICs are not permanent commissions. Their term of office expires two months from the date of official publication of the election results, if the higher commission has not received complaints (statements) about the actions (inaction) of this commission, as a result of which the procedure for counting votes was violated, or if legal proceedings are not being conducted on these facts . In the event of an appeal against the results of voting in the territory of an electoral district or the results of elections, the powers of the district election commission are terminated from the day following the day the district election commission executes the decision of a higher commission or executes the decision entered into legal force court decision.

The formation of DECs for elections to government bodies of a constituent entity of the Russian Federation and local self-government bodies is carried out by a higher commission on the basis of proposals from the subjects mentioned above. The number of members of the OIC with voting rights is established by the law of the constituent entity of the Russian Federation.

Territorial election commissions (TECs) are government bodies whose position in the system of government bodies is determined by the laws of the constituent entities of the Russian Federation. Territorial commissions operate on a permanent basis. In addition, by the law of a constituent entity of the Russian Federation, a TEC may be given the status of a legal entity.

Territorial commissions are formed from five to fourteen members with voting rights, depending on the size of the relevant territory and the number of voters in this territory. Within one administrative-territorial unit with a large number of voters, several TECs can be formed, and the decision on their formation is made by the Electoral Commission of Russia in agreement with the Central Election Commission of Russia.

Characteristic for different subjects different systems TIK - IKMO. For example, in the Rostov region in 54 municipalities of the “upper level” (i.e., in urban districts and municipal districts), the powers of the IKMO are exercised by the TEC at the request of the representative bodies of the municipalities. IKMO is formed only in Rostov-on-Don. TECs operate in eight districts of this city.

Precinct election commissions (PECs) constitute the primary, “working” link of the entire system of election commissions in the Russian Federation. They are the ones who directly organize and conduct voting and carry out the initial vote count. This is the largest category of election commissions (about 95 thousand PECs are formed during federal elections in the country).

PECs are formed to ensure the process of voting and counting votes at polling stations. The number of voters at each polling station should be no more than 3 thousand. The number of voting members of a precinct commission is determined by the territorial commission or official forming it, depending on the number of voters registered in the territory of the corresponding polling station.

Election commissions providing periodic election campaigns, are a flexible system adapted to elections of bodies at the federal, regional and local levels and capable of functioning autonomously. Like any complicated social system, it is a harmonious, living organism, the parts of which (election commissions) interact with each other strictly according to the rules established in the relevant election laws.

2. Powers of election commissions in the Russian Federation

2.1 Powers of election commissions that are state bodies

The Central Election Commission of Russia occupies a special place in the system of election commissions. Federal election legislation gives the Russian Central Election Commission broad powers:

Monitors compliance with the electoral rights of citizens of the Russian Federation;

Organizes the development of technological equipment standards for precinct commissions, approves these standards and monitors their compliance, and also organizes the purchase of this technological equipment during elections to federal government bodies;

Ensures the implementation of activities related to the preparation and conduct of elections, the development of the electoral system in the Russian Federation, the implementation, operation and development of automation equipment, legal training of voters, professional training of commission members and other election organizers, publication of the necessary printed materials;

Implements measures to organize a unified procedure for the distribution of air time and print space between registered candidates, electoral associations for election campaigning, establishing voting results, determining election results, as well as the procedure for publishing (promulgating) voting results and election results, including in information telecommunications network "Internet";

Implements measures to organize financing for the preparation and conduct of elections, distributes funds allocated from the federal budget for financial support for the preparation and conduct of elections, and controls the intended use of these funds;

Provides legal, methodological, organizational and technical assistance to commissions;

Carries out international cooperation in the field of electoral systems;

Hears reports from federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments on issues related to the preparation and conduct of elections to federal state authorities;

Establishes standards in accordance with which voter lists and other election documents are prepared;

Implementing the provisions of federal legislation on elections, the Central Election Commission of Russia carries out law enforcement and rule-making activities. First of all, it constantly monitors the state of the legislation of the constituent entities of the Russian Federation on elections, while using its powers, according to which it has the right to give opinions on the compliance of the laws of the constituent entities of the Russian Federation with the Federal Law. The Central Election Commission of Russia carries out control activities on the observance of the constitutional rights of citizens in accordance with the provisions of its Regulations, ensuring the uniform application of federal legislation on elections, carries out control checks of the activities of election commissions, hears reports from executive authorities and local governments related to providing assistance to commissions in the implementation of their powers. election commission president municipal

The status of the RF ICS is similar to the status of the Russian CEC, with the exception of the provision that the Russian CEC is a federal government body, while the RF EC is a state body of a constituent entity of the Russian Federation. The documents regulating the status of the specified ICS of the Russian Federation, in addition to the Federal Law, are constitutions (charters) and laws of the constituent entities of the Russian Federation. Accepted in most regions special laws on election commissions of the constituent entities of the Russian Federation. Thus, the activities of the election commission of the Rostov region are regulated by the Regional Law of the Rostov Region “On the Election Commission of the Rostov Region” dated March 15, 2004 No. 95-ZS (as amended) Regional Law of the Rostov Region “On the Election Commission of the Rostov Region” dated March 15, 2004. N 95-ЗС (in the current version) // Our time. 2004. N 69-71..

Election commission of a constituent entity of the Russian Federation:

Exercises control over compliance with the electoral rights of citizens of the Russian Federation on the territory of a constituent entity of the Russian Federation;

Organizes the purchase of technological equipment for precinct commissions, including on behalf of the Central Election Commission of Russia during elections to federal government bodies; exercises control over compliance with technological equipment standards for precinct commissions on the territory of a constituent entity of the Russian Federation;

Ensures on the territory of a constituent entity of the Russian Federation the implementation of activities related to the preparation and conduct of elections, the development of the electoral system in the Russian Federation, the implementation, operation and development of automation equipment, legal training of voters, professional training of commission members and other election organizers, publication of the necessary printed materials;

Implements measures on the territory of a constituent entity of the Russian Federation to organize a uniform procedure for the distribution of air time and print space between registered candidates, electoral associations for election campaigning, establishing voting results, determining election results, as well as the procedure for publishing voting results and election results;

Implements measures on the territory of a constituent entity of the Russian Federation to organize financing for the preparation and conduct of elections to government bodies of a constituent entity of the Russian Federation, distributes funds allocated from the federal budget and the budget of a constituent entity of the Russian Federation for financial support for the preparation and conduct of elections, controls the intended use of these funds;

Approves the list of territorial commissions;

Establishes a unified numbering of polling stations on the territory of a constituent entity of the Russian Federation;

Hears reports from executive authorities of constituent entities of the Russian Federation and local self-government bodies on issues related to the preparation and conduct of elections to state authorities of the constituent entity of the Russian Federation and local self-government bodies;

On behalf of the Central Election Commission of Russia, it establishes standards in accordance with which voter lists and other election documents are prepared;

Considers complaints about decisions and actions of lower commissions and makes reasoned decisions on them;

Participates in the organization state system registration (registration) of voters and in the implementation of this registration (registration), in the formation and maintenance of a voter register;

Participates in the verification of consolidated financial reports and information on the receipt and expenditure of funds of political parties, control over the sources and amounts of property received by political parties in the form of entrance and membership fees, donations from citizens and legal entities, informing citizens about the results of these checks;

Provides, at the request of the municipal election commission, information on the number of disabled voters in the relevant territory, indicating disability groups;

Exercises other powers in accordance with the law.

Territorial Commission:

Exercises control over compliance with the electoral rights of citizens of the Russian Federation in the relevant territory;

Ensures compliance with technological equipment standards for precinct commissions in the relevant territory;

Ensures in the relevant territory the implementation of activities related to the preparation and conduct of elections, the development of the electoral system in the Russian Federation, the implementation, operation and development of automation equipment, legal training of voters, professional training of commission members and other election organizers;

Implements measures in the relevant territory to comply with the uniform procedure for establishing voting results;

Distributes funds allocated to it from the federal budget and the budget of a constituent entity of the Russian Federation for financial support for the preparation and conduct of elections, controls the intended use of these funds;

Provides methodological, organizational and technical assistance to lower-level commissions;

Hears reports from executive authorities of a constituent entity of the Russian Federation and local governments on issues related to the preparation and conduct of elections;

Considers complaints about decisions and actions of lower commissions and makes reasoned decisions on them;

Exercises other powers in accordance with the law.

The responsibilities of the TEC during elections depend on the type of elections and on the territory in which the elections are held. In the elections of the President of the Russian Federation, deputies of the State Duma and the legislative body of the subject of the Federation, the TEC plays the role of an intermediate authority supervising precinct commissions. In some municipal elections, the TEC plays the role of a commission subordinate to the municipal commission, but more often it happens that the TEC plays decisive role during municipal elections. Often the TEC is entrusted with the powers of the municipal election commission, and then it is the commission organizing municipal elections. In any case, the role of TECs in elections is very large.

2.2 Authorityotherelectoral committeesissy

Let's consider the powers of other election commissions that are not government bodies.

Election commissions of municipalities are created to prepare and conduct elections to local government bodies. The creation of an IKMO must be provided for in the law of a constituent entity of the Russian Federation, or in the charter of a municipal entity, or in both acts.

Municipal Election Commission:

Exercises control over compliance with the electoral rights of citizens of the Russian Federation on the territory of the municipality;

Ensures on the territory of the municipality the implementation of activities related to the preparation and conduct of elections to local government bodies, the publication of the necessary printed materials;

Implements measures on the territory of the municipality to ensure, during elections to local self-government bodies, compliance with a uniform procedure for the distribution of air time and print space between registered candidates and electoral associations for election campaigning;

Implements measures on the territory of the municipality to ensure that during elections to local self-government bodies, compliance with the uniform procedure for establishing voting results and determining election results;

Implements measures on the territory of the municipality to ensure compliance with the uniform procedure for publishing voting results and election results during elections to local self-government bodies;

Implements measures on the territory of the municipality to organize the financing of the preparation and conduct of elections to local government bodies, distributes funds allocated from the local budget and (or) the budget of a constituent entity of the Russian Federation for financial support of the preparation and conduct of elections to local government bodies, controls the intended use of these funds;

Provides legal, methodological, organizational and technical assistance to lower commissions;

Hears reports from local government bodies on issues related to the preparation and conduct of elections to local government bodies;

Considers complaints (applications) about decisions and actions (inaction) of lower-level commissions, and the municipal district election commission also considers complaints (applications) about decisions and actions (inaction) of the settlement election commission and makes reasoned decisions on these complaints (applications);

Exercises other powers in accordance with the law.

District election commissions are created at different levels and can occupy different positions in the system of election commissions and relationships with other election commissions. Thus, during the elections of deputies of the State Duma of the Russian Federation, the DECs are superior to the TEC and at the same time inferior to the Electoral Commission of the Russian Federation (except for the case when the powers of the DEC are vested in the Electoral Commission of the Russian Federation). During the elections of deputies of representative bodies of local self-government, the DECs are inferior to in relation to the IKMO and at the same time superior to the PEC. At the same time, the powers of the DEC may be assigned to the PEC. DECs are usually formed during elections in legislatures state authorities or representative bodies of local government.

District Election Commission:

Exercises control over compliance with the electoral rights of citizens of the Russian Federation in the territory of the electoral district;

Interacts with state authorities and local governments on issues related to the preparation and conduct of elections in the electoral district;

Carries out registration of candidates;

Approves the text of the ballot in the electoral district;

Implements measures in the territory of the electoral district to ensure a uniform procedure for voting, counting votes, establishing voting results, determining election results, as well as the procedure for publishing voting results and election results;

Determines the election results for the constituency;

Publishes (discloses) the election results for the constituency in the appropriate media;

Provides legal, organizational and technical assistance to lower commissions;

Considers complaints (applications) against decisions and actions (inaction) of lower commissions and makes reasoned decisions on these complaints (applications);

Precinct election commissions are a special type of commissions that have a number of features unique to them. Thus, PECs occupy a “grassroots” position, constituting the organizational foundation of the system of election commissions in the Russian Federation. The purpose of these commissions is to ensure the decisive moment of the election campaign, that is, the voting process and vote counting.

Precinct commission:

Informs the population about the address and telephone number of the precinct commission, its working hours, as well as the day, time and place of voting;

Specifies the list of voters, referendum participants, familiarizes voters, referendum participants with this list, considers statements about errors and inaccuracies in this list and decides on making appropriate changes to it;

Ensures that voters are informed about registered candidates, about electoral associations that have registered lists of candidates, based on information received from a higher commission;

Monitors compliance with the procedure for conducting election campaigning on the territory of the polling station;

Issues absentee ballots;

Considers, within the limits of its powers, complaints (applications) regarding violations of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, other laws and makes reasoned decisions on these complaints (applications);

Ensures the storage and transfer to higher commissions of documents related to the preparation and conduct of elections;

Exercises other powers in accordance with the law.

In the doctrine of electoral law, the prevailing point of view is that in the current structure of electoral bodies, only the issues of the legal status of the Central Election Commission of Russia and the election commissions of the constituent entities of the Russian Federation are settled with the necessary completeness. Aliev T.T., Anichkin I.M. Legal status of election commissions in the Russian Federation // Modern law. 2012. N 5. P. 61 - 65.. As for other commissions (election commissions of municipalities, territorial, district and precinct election commissions), the issues of determining their legal status continue to be discussed, causing various, sometimes contradictory assessments , at one end of the spectrum we are talking about the redundancy of the system of election commissions, at the other - about the advisability of creating its own municipal election commission in each settlement V.V. Pylin. Democratization of election commissions as one of the important factors in increasing citizens' trust in the Russian electoral system // Municipal service: legal issues. 2012. N 2. P. 27 - 30..

The most heated controversy is caused by the issues of determining the place of territorial election commissions and election commissions of municipal entities in the structure of state (municipal) bodies; the scope of their competence is ambiguously assessed in connection with the possibility of mutual assignment of powers of municipal commissions to territorial ones (and vice versa) provided for by the current electoral legislation; the procedure for the formation of commissions, in which a number of scientists see the reason for the isolation of voters from participation in the management of state affairs Pylin V.V. Decree. op. - P. 30..

However, today election commissions are a flexible system, adapted to elections at the federal, regional and local levels and capable of functioning autonomously. Like any complex social system, it is a coherent, living organism, the parts of which (election commissions) interact with each other strictly according to the rules established in the relevant election laws.

Conclusion

As a result of the study of the topic, the following conclusions can be drawn. Current system election commissions in the Russian Federation is the most important organizational mechanism that ensures periodic democratic renewal of elected state bodies and local governments. Election commissions conducting elections are a harmonious, flexible system adapted to elections of government bodies at various levels. Like any complex social system, the system of election commissions is not just the sum of its constituent units, but a harmonious organism, the parts of which interact with each other in forms clearly specified in the laws. The legislation also defines the totality of their rights and obligations to ensure proper conditions to organize the free expression of the will of voters during elections, the procedure for forming, the method of forming the composition and term of office of election commissions, their control and responsibility, guarantees of activities for the implementation of the powers assigned to them.

Election commissions are separate from all branches of the federal, regional and municipal authorities organ. Such isolation is associated with the need for independence of the structure from various political structures in order to form an unbiased, adequate electoral process and guarantee compliance with the electoral rights of citizens of the Russian Federation.

The method of interaction between different-level election commissions adopted in Russia is usually called political-legal. The political and legal essence of the activities of electoral bodies has a complex structure, which is not limited to the framework of political science or sectoral legal knowledge. In particular, the activities of election commissions are regulated by the norms of constitutional, administrative, labor, civil and other branches of law, each of which has its own specific subject, methods, tasks and functions.

The system of election commissions has been developing over a long period of time; changes have occurred both in the types of election commissions and in the powers assigned to them. Despite this, there are currently flaws in the current system. The legislator sought to create a powerful structure, independent of government authorities, functioning on a permanent basis. But the creation of such a structure presupposes its actual independence and independence. However, an analysis of the functioning of individual divisions of the system of election commissions shows that this is far from the case and a significant functional burden for organizing and conducting elections, as in Soviet times, is still borne by local government bodies. This especially concerns the activities of precinct election commissions. Regulatory acts providing them legal regulation, contain a significant number of norms about gratuitousness, free of charge, obligation to provide support, etc. This means that precinct election commissions are provided with great assistance, and indicates the imperfection of their legal status in the system of election commissions. In fact, not a single issue related to the organization and conduct of elections can be resolved by any precinct commission independently, without the executive power or the authority of local self-government. We have the same relapse of the declaration of independence of election commissions and their complete dependence in practice on the executive authorities. All this makes us think about the legal status of the most important link in the electoral system - the precinct election commission and about the status of the system of election commissions itself.

List of sources used

Legal acts

1. Constitution of the Russian Federation 1993 (V latest edit. Law of the Russian Federation on amendments to the Constitution of the Russian Federation dated July 21, 2014 No. 11-FKZ) // Russian newspaper. 1993. December 25.

2. Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” dated June 12, 2002. No. 67-FZ (as amended) // Collection of legislation of the Russian Federation. 2002. N 24. Art. 2253.

3. Federal Law “On the Basic Guarantees of Electoral Rights of Citizens of the Russian Federation” dated December 6, 1994 N 56-FZ // Collection of legislation of the Russian Federation. 1994. N 33. Art. 3406.

4. Federal Law “On the general principles of the organization of local self-government in the Russian Federation” dated October 6, 2003 No. 131-FZ (as amended) // Collection of legislation of the Russian Federation. 2003. N 40. Art. 3822.

5. Decree of the President of the Russian Federation “On measures to improve the electoral system in the Russian Federation” dated December 20, 1993 N 2227 (as amended) // Collection of acts of the President and Government of the Russian Federation. 1993. N 52. Art. 5060.

6. Regional Law of the Rostov Region "On the Election Commission of the Rostov Region" dated March 15, 2004. N 95-ЗС (in the current version) // Our time. 2004. N 69-71.

7. Law of the USSR “On elections of people’s deputies of the USSR” of December 1, 1988. (lost force) // Gazette of the USSR Armed Forces. 1988. No. 49. P. 729.

Scientific literature

1. Aliev T.T., Anichkin I.M. Legal status of election commissions in the Russian Federation // Modern law. 2012. N 5. P. 61 - 65.

2. Baglay M.V. Constitutional law of the Russian Federation: Textbook - M.: Norma: INFRA-M, 2013. - 784 p.

3. Electoral law of the Russian Federation: Textbook/Ed. I.V.Zakharova, A.N.Kokotova. - M.: Yurayt, 2014. - 400 p.

4. Luchin V.O. Electoral law of Russia: Textbook for universities. - M.: Law and Law, 2015. - P.345.

5. Pylin V.V. Democratization of election commissions as one of the important factors in increasing citizens’ trust in the Russian electoral system // Municipal service: legal issues. 2012. N 2. P. 27 - 30.

6. Yusov S.V. Legal support election campaigns: Educational and practical manual. - Rostov-on-Don: Foundation for Science and Education, 2016. - P.316.

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