Везде
Dynamism of the Development of Electoral Legal Relations of Parties and Candidates
Table of contents
Annotation Estimate Publication content
References Comments
Share
QR
Metrics
Dynamism of the Development of Electoral Legal Relations of Parties and Candidates
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.113
Publication type
Article
Status
Published
Authors
Natalya Turischeva 
ORCID: 0000-0003-1032-4271
Occupation: Associate Professor at the Department of Constitutional and Administrative Law
Affiliation: Kuban State University
Address: Krasnodar, Russia
Edition
Volume 27 No. 10
Pages
30-42
Abstract

The objective of the study is to assess the dynamism of the development of electoral legal relations of parties and candidates arising in the system of public-legal interaction of citizens, the state and civil society institutions and aimed at the implementation of passive suffrage, to establish the main patterns characterizing election campaigns at various levels when nominating candidates by 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 decisions of a collective participant in the electoral process nominating candidates, underscores the high degree of dependence of these principles in the exercise of electoral rights. If the right to be elected is realized through the powers of an electoral association, the will of the candidate is derived from the decisions taken by the relevant electoral association nominating the candidate not only as part of the proportional list of candidates, but also in majority districts. The equality of rights of participants in the electoral process, inherent 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 participants in the electoral process cannot depend only on the discretion of the parties, the federal legislator must determine effective guarantees ensuring 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.

Keywords
elections, political party, candidate, list of candidates, passive suffrage, nomination of candidates, recall of a candidate, early termination of powers, institutions of direct democracy, social potential of law
Date of publication
25.10.2023
Number of purchasers
10
Views
86
Readers community rating
0.0 (0 votes)
Cite Download pdf
1

References



Additional sources and materials

1. Bezrukov A. V., Teplyashin I. V. The Modern Model of Constitutional Law: The Contours of the Formation. Journal of Russian Law, 2021, vol. 25, no. 1, pp. 77—88. (In Russ. ) DOI: 10. 12737/ jrl. 2021. 008. 
2. Zaloilo M. V. Fragmentation as a Modern Trend of Legal Space Development. Law. Journal of the Higher School of Economics, 2020, no. 1, pp. 27—49. (In Russ. ) 
3. Mamedova V. E. Constitutional and legal limits of internal party responsibility. Cand. diss. thesis. Samara, 2022. (In Russ. ) 
4. Momotov V. The interpretation of law by the Supreme Court of the Russian Federation in the context of the modern legal system. State and Law, 2018, no. 4, pp. 30—39. (In Russ. ) 
5. Postnikov A. E. Doctrinal Textbook of Constitutional Law (Review of the Textbook of B. S. Ebzeev “Constitutional Law of Russia”. Moscow, 2019. 768 p. ). Journal of Russian Law, 2019, № 9, pp. 172—176. (In Russ. ) 
6. Postnikov A. E. The Evolution of Elections in Russia in the Context of Implementation of Constitutional Principles. Journal of Russian Law, 2019, no. 5, pp. 21—30. (In Russ. ) 
7. Romanovskaya O. V. Deconcentration of Public Administration: Law and Administrative Reform. Law. Journal of the Higher School of Economics, 2019, no. 1, pp. 4—24. (In Russ. ) 
8. Tikhomirov Yu. A. Creative Regulators in Legal and Virtual Spaces. Journal of Russian Law, 2023, vol. 27, no. 3, pp. 5—16. (In Russ. ) DOI: 10. 12737/jrp. 2023. 025. 
9. Tikhomirov Yu. A. Formula of Legal Impact. Journal of Russian Law, 2020, no. 11, pp. 5—13. (In Russ. ) DOI: 10. 12737/jrl. 2020. 129. 
10. Turishcheva N. The imperativeness and dispositivity of the electoral process in the context of the value approach to the realization of electoral rights. State and Law, 2021, no. 10, pp. 117—126. (In Russ. ) 
11. Chernyavsky A. Law as a regulator of relations about values: theoretical and legal aspects. State and Law, 2021, no. 1, pp. 26—35. (In Russ. )

Comments

No posts found

Write a review
Translate