Elections to authorities at various levels in the Russian Federation are carried out with the direct participation of special election commissions. The way in which they are formed and organize their work is determined at the level of federal legislation. There are a large number of nuances that characterize the activities of election commissions, and all of them require regulation - in particular, in terms of determining the order of formation of various structures responsible for organizing elections. What are the main sources of law? What is the procedure for forming election commissions at one level or another?
What election commissions work in Russia?
Before studying how election commissions are formed, as well as how members are withdrawn from the election commission, we will study the basic information about the relevant structures that solve the most important tasks in the framework of organizing elections to various Russian authorities.
The election commission is a collegial body, which is formed in the manner determined by the legislation of the Russian Federation, organizes and ensures the holding of various elections. In accordance with the legislation of the Russian Federation - first of all, the provisions of Federal Law No. 67 adopted on June 12, 2002, the following structures can function in our country:
- The Central Election Commission of the Russian Federation or the CEC of the Russian Federation;
- election commissions of the regions;
- commissions of municipalities;
- district election commissions;
- territorial commissions;
- precinct election commissions.
The composition of election commissions in these varieties is determined by individual provisions of federal law.
An election commission may be higher or lower in relation to other commissions that ensure that elections are held at the appropriate level.
The work of the structures in question is carried out collectively. The election commission has the right to begin its work if it is assembled by at least two-thirds of the established amount. If the commission carries out activities on an ongoing basis, then it meets at its first meeting on elections no later than 2 weeks after decisions are made on the appointment of its members with a casting vote, however, no earlier than the expiration of the term of office of the previous election commission.
As soon as a new commission is convened, the powers of the previous one are terminated. Thus, the term for exercising the powers of the election commission is calculated from the moment of its first meeting.
Chairpersons should be appointed in all commissions. They are selected from among those citizens who are members of election commissions at the appropriate level. So, the chairman of the CEC of the Russian Federation is elected by the members of the corresponding election commission. In turn, the head of the election commission at the subject level receives his position on the proposal of the CEC of the Russian Federation.
The chairman of the electoral committee at the municipal level is elected:
- if there is a proposal from the commission of the subject of the Russian Federation - in accordance with it;
- in the absence of proposals from the commission of the region on proposals submitted by members of election commissions with a casting vote.
The chairman of the election committee of the settlement is elected on the basis of the proposal of the district commission or territorial. The law also provides for an option in which the chairman is appointed based on the proposals of the members of the settlement commission who have the casting vote.
The head of the commission at the district level is appointed from among its members with a casting vote, and is also dismissed by a decision of a higher election commission. The chairman, in turn, of the territorial commission is appointed and dismissed in accordance with the decision of the election commission at the level of the subject of the Russian Federation. The head of the precinct commission is appointed and dismissed by a decision made by the territorial election commission.
The legislation of the Russian Federation also provides for the appointment of deputy chairmen, as well as secretaries of commissions. Similarly, candidates for relevant positions should be members of election commissions. Participants with casting votes are required to attend meetings. They have the right to initiate voting on any issues within the competence of the relevant election commission in accordance with the agenda.
CEC of the Russian Federation: the formation of the composition
Consider how the composition of the Central Election Commission of the Russian Federation, as well as its subordinate structures, is determined.
The CEC of the Russian Federation should consist of 15 members. Of these, 5 are appointed by the State Duma, 5 more by the Federation Council, and 5 by the President of the Russian Federation. Members of the CEC of the Russian Federation must have a diploma of higher education. After their appointment, they elect a chairman, his deputy, and also the secretary of the Commission.
The formation of election commissions in the regions: general provisions of the law
Federal Law No. 67 contains provisions establishing general rules regarding the activities of other commissions subordinate to the CEC of the Russian Federation. So, in accordance with this Federal Law, the formation of appropriate structures is carried out on the basis of proposals received from political parties. Moreover, each party has the right to propose to the election commission only 1 member with a casting vote, unless otherwise provided by federal law.
The composition of the election commissions in question may be represented by citizens serving the state or municipal service, no more than half. An exception has been established for election commissions established in military units located in remote areas, as well as abroad. A citizen, whose candidacy is proposed for inclusion in a particular commission, must give his written consent to this.
If, in accordance with the procedure established by law, the composition of election commissions of the corresponding levels is not formed, then it shall be determined by a higher organization. In particular, if we are talking about the establishment of an election commission of a constituent entity of the Russian Federation, then if its composition is not determined at the level of regional bodies, then this task is solved by the CEC of the RF.
Let us now examine in more detail how the election commissions under consideration are established.
Formation of election commissions at the level of constituent entities of the Russian Federation
First of all, it is worth noting that the composition of the election commissions of the constituent entities of the Russian Federation can include at least 10, and no more than 14 members with a casting vote. A specific norm is established by a legal act of the region.
The formation of an election commission at the level of a constituent entity of the Russian Federation is carried out by the parliament and the head of the executive branch on the basis of proposals received in the manner determined by law. One half of the composition of the regional commission should be appointed by the regional parliament, and the other by the head of the executive branch. At the same time, at least half of the appointed members of the election commission should be determined both by parliamentarians and the head of the executive branch on the basis of proposals from political parties. In turn, the composition of the election commissions of the regions should include at least 1 member of the election commission appointed on the basis of proposals received from the CEC of the Russian Federation.
Formation of election commissions at the municipal level
At the municipal level, the establishment of election commissions is carried out by representative bodies on the basis of proposals also received in the manner determined by federal law. At the same time, the composition of the election commission of the municipality should not less than half consist of members appointed on the basis of proposals received from:
- political parties;
- associations that nominated candidates admitted to receive mandates within the framework of the representative body of the municipality.
In turn, half of the members of the electoral commission at an appropriate level should be appointed on the basis of proposals received from a higher commission - if the election commission is established at the district, district, or intracity territory.
If the commission is formed at the settlement level, then half of its composition is determined on the basis of the following norms:
- if the powers of the election commission at the district level are not delegated to the territorial structure, then 2 members of the corresponding structure in the settlement receive their position based on the proposals of the district election commission, and the rest - according to the lists from the territorial commission;
- if the powers of the district election commission are transferred to the territorial commission, then the election commission members in the settlement receive their position based on the proposals that are formed by the territorial commission;
- if the powers of the territorial structure are transferred to the election commission of the district, then members of the settlement commission should be appointed on the basis of proposals received by the district commission.
Moreover, the proposals put forward by the election commission of a region or other constituent entities of the Russian Federation, the district election commission, or the territorial commission should be prepared taking into account the opinions of public structures, voters' proposals, as well as the district election commission of the previous composition.
Formation of district commissions
The next level of activity of election commissions is the district. The composition of the district election commissions will be determined by the authorities at the level of the constituent entity of the Russian Federation, as well as by the municipal authorities. The formation of the corresponding structure is carried out on the basis of proposals received in the manner determined at the level of federal legislation, as well as taking into account the views of representative structures of municipalities and voters.
At least half of the composition of the district election commission when choosing a constituent entity of the Russian Federation should be determined by a higher commission based on proposals from political parties. In turn, when choosing to municipal authorities , the opinion of the electoral associations that nominated candidates who are eligible to receive mandates in the representative structure of the municipality should also be taken into account.
Formation of territorial commissions
The composition of the territorial election commission may be represented by the number of members with a casting vote, from 5 to 14. The formation of election commissions at the appropriate level is carried out by the commission at the level of the constituent entity of the Russian Federation based on proposals received in the manner determined by federal law, and also taking into account the position of representative structures municipality and voters.
The composition of the territorial election commission should be formed not less than half, taking into account proposals received from:
- political parties;
- associations that have nominated candidates as part of the distribution of mandates in the representative structure of the municipality.
We now study the features of the formation of precinct election commissions.
Formation of precinct election commissions
The composition of the precinct election commission of an electoral precinct is determined taking into account the proposals received in the manner determined by federal law, as well as the opinions of representative structures of municipalities and voters. It is noteworthy that the number of relevant proposals is not limited by law.
A precinct election commission should be at least half formed by the territorial election commission based on proposals from:
- political parties;
- associations that nominate candidates as part of the distribution of mandates in the representative structure of the municipality.
A situation is possible in which citizens who are proposed to be included in the composition of the electoral commission at the level under consideration are not approved in the respective position. In this case, a reserve of the composition of precinct election commissions is formed, which is maintained by the election commission at the level of a constituent entity of the Russian Federation in the manner determined by the CEC of the Russian Federation.
Terms and procedure for termination of powers of members of election commissions
Consider another aspect of the work of the election commissions of the Russian Federation - the timing, as well as the procedure for terminating the powers of their participants. So, as for members of election commissions with a casting vote, their term of office expires at the time of termination of the activities of the relevant commission, unless otherwise provided by law.
How to leave the election commission? The law also regulates this procedure.
In a number of cases, the powers of a member of an election commission with a casting vote can be suspended on the basis of a decision of the commission, which, in turn, can be based on a statement from a citizen who was originally appointed as a member of the election commission. But this is only possible provided that this procedure does not lead to the fact that the composition of the commission will be incomplete. If this condition cannot be fulfilled, then, nevertheless, the citizen's powers can be terminated in accordance with the decision of the body that appointed him as a member of the commission. If this structure has not decided to remove a citizen from the composition of the commission within 1 month (10 days during the campaign) from the moment when this member of the election commission sent an application to leave the composition of the election commission to the relevant body, then the decision to annul his powers are taken directly by the election committee within 3 days from the date of expiration of the specified periods.
Appointment of a new member of the commission
If the originally appointed member of the commission leaves it in the manner prescribed by law, the body that appointed him must invite a new candidate to the election commission - within 10 days after the powers of the former member of the commission were terminated while the campaign period is running, or within 3 months - in other periods. If this requirement is not met, then a higher member appoints a new member of the election commission. For example, if there is a need to approve a candidate for the relevant position at the subject level, the decision is made by the Central Election Commission. The composition of the electoral committee of the municipality, in turn, is formed with the participation of the commission of the subject of the Russian Federation. One way or another, the appointment of a new member of the election commission is carried out by the structure to which he is accountable.
Moreover, if a precinct election commission is formed, then the person must be appointed from the reserve, which we mentioned above. This procedure is carried out taking into account the requirements established by law and in the manner determined by the CEC of the Russian Federation.
Status of members of election commissions with deliberative vote: nuances
So, we examined how a citizen is appointed to the position of a member of the election commission with a casting vote, how his terms of office are determined, and also how he leaves the election commission in the manner approved by the legislation of the Russian Federation. Let us now examine the features of the status of members of election commissions, which, in turn, have an advisory vote.
These citizens as a whole have the same rights that characterize the activities of members of commissions with a casting vote, with the exception of powers related to:
- with the issuance and signing of election ballots, as well as absentee documents;
- with participation in the processing of ballots;
- with the formation of a protocol on the voting results;
- with participation in decision-making on those issues that are within the competence of the relevant commission, as well as with their documentation;
- with the formation of protocols on offenses.
It can be noted that the legislation provides for norms according to which political parties or associations are not entitled to propose several candidates for approval by commission members.
Dates and termination of powers of a commission member with an advisory vote
If the composition of the election commissions of the Russian Federation includes members who have the right of deliberative vote, appointed by those candidates that were elected, associations participating in the distribution of mandates, as well as political parties, then their term of office lasts until the end of the registration procedure of candidates, as well as their lists for the next election to the appropriate authority or similar position.
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