Dynamism of the development of electoral legal relations of parties and candidates

 
PIIS160565900026815-0-1
DOI10.12737/S160565900026815-0
Publication type Article
Status Published
Authors
Occupation: Secretary of the Electon Commission of the Krasnodar region, Associate Pro-fessor of the Department of Constitutional and Administrative Law
Affiliation: Kuban State University
Address: Krasnodar, Stavropolskaya street, 149, Krasnodar
Journal nameJournal of Russian Law
Edition
Abstract

The task of the study is to assess the dynamism of the development of electoral legal relations of parties and candidates that arise in the system of public law interaction between citizens, the state and civil society institutions and aimed at the implementation of passive suffrage, to establish the main patterns that characterize election campaigns of various levels when nominating candidates electoral associations.

Research methods are based on the analysis of the modern constitutional and legal doctrine, the regulatory framework for organizing and holding elections, the law enforcement practice of election commissions, the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

Conclusions: The dynamism of the development of legal relations between parties and candidates reflects the mutual influence and interpenetration of the subjective will of a citizen exercising passive suffrage and the decision of a collective participant in the electoral process that nominates candidates, emphasizes the high degree of dependence of these principles in the implementation of electoral rights.

In the event that the right to be elected is exercised through the powers of an electoral association, the will of a candidate is derived from the decisions made by the relevant electoral association that nominates a candidate not only in the proportional list of candidates, but also in majoritarian districts. The equality of rights of participants in the electoral process, immanent in the concept of elections, is not always confirmed by the “clash” of subjective and collective interests in the implementation of party nomination. However, in the system of interaction "state - parties - candidates" the freedom to form the will of the participants in the electoral process cannot depend only on the discretion of the parties, the federal legislator must necessarily determine effective guarantees that ensure the realization of the rights of candidates nominated by political parties . The social context of the development of law sets the vector associated with the need to take into account the interests of all participants in the electoral process.

Keywordselections, political party, candidate, list of candidates, passive suffrage, nomi-nation of candidates, recall of a candidate, early termination of powers, institu-tions of direct democracy, social potential of law
Received24.07.2023
Publication date28.09.2023
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