The law of the Russian Federation on local self-government enshrines the concept of a referendum as an open vote of citizens on issues of an appropriate level. The issue of conducting a local referendum is considered in more detail in Federal Law No. 131 “On General Principles of Local Self-Government”. One of the most striking examples of holding such an event in recent years is a vote on the entry of Crimea and the city of Sevastopol into the Russian Federation. With such important decisions being made, everyone should know what a referendum is.
Essence
A referendum is a specific vote. Citizens who permanently reside in the territory where it will be held, or who have been there for a sufficiently long time, can take part in it. The results of the referendum do not require confirmation or special approval by any of the authorities. It has the highest legal force and is not subject to appeal. A referendum is possible only in compliance with the Constitution, laws of the Russian Federation and its subjects, charters and constitutions of municipalities.
What are they voting for?
The most important issues requiring the participation of all citizens are submitted to a referendum if it is impossible to make a decision without taking their opinions into account. it addresses all issues that affect the organization of life of the common people, their comfort and security. The list of issues resolved through a local referendum is quite wide. The exception is such events:
- On the early termination or extension of the term of office of local authorities, deputies and other officials.
- On the election of deputies and other officials to local self-government bodies.
- About the election.
- On changing the approved budget of the municipality.
- On taking measures in cases of emergency.
All issues submitted to a local referendum cannot infringe on the rights and freedoms of citizens. They must be consistent with the Constitution and universally recognized international rights.
Who is organizing?
The population may demand a referendum. To do this, he needs to contact the representative body. The institution can organize a referendum both at the request of the population, and on its own initiative, feeling such a need. If there is no representative body in the municipality at the request of the population (more than 5% of the total number of voters), the head of administration may appoint a referendum.
Initiative
In different constituent entities of the Russian Federation, the conditions for conducting a local referendum are different. If the initiative belongs representative body then at least a third or half of the deputies must speak out for its organization. But in most cases, a referendum is proclaimed with a qualified majority. That is, with 2/3 of the vote.
If the referendum is required by local residents, then official paper must be drawn up in a representative body. In the appendix to the petition or application, it is necessary to attach the signatures of citizens. Their number should not be less than five percent of the number of voters of the subject in whose territory a local referendum is planned.
Citizens can join in an initiative group or create public association. If it wants to hold a referendum, it means that it needs to go through a complicated registration procedure in justice authorities. Only six months after this, the association will be able to appeal to the representative body with a demand for a referendum.
The nuances of
Participants in a local referendum are all citizens who are in the territory of its holding permanently or predominantly. Participation in the event, as well as in the elections, is possible only on a voluntary basis. The voting form is closed and secret. To maintain the integrity of the procedure, only observation is possible, including from foreign citizens.
The question in the referendum bulletin should involve a closed answer. Most often it is “yes” or “no”. Questions with detailed answers cannot be submitted to a referendum. This determines the presence of only two points, in one of which you must put a cross or a tick. If, as a result of a referendum, it is necessary to issue a new law or adjust an existing one, then the authorities do not have the right to refuse. The outcome of the event is the publication of the decision. The terms of publication, if they are not indicated in the document, are determined by law and do not exceed seven days.
Kind of referendum
An advisory referendum is a type of local event, as a result of which a decision is not binding. Authorities are doing something like a survey. Having learned the opinion of citizens about the issue of interest, the local government can make the most correct decision. Often in legal literature you can find the name of an advisory survey instead of a referendum.
Conditions
During the declaration of a state of emergency or in wartime, within three months after its cancellation, a referendum is not possible. This is due to the biased voting, as well as the inability to provide free and safe expression of will for all citizens equally. Within two years after the referendum, the similar cannot be held. That is, it is impossible to organize an event with the same meaning questions more often than once every two years.
Referendum
Citizens of our country who have crossed the adult threshold equally have the right to participate in a referendum. No differences in religion, nationality, education, language do not affect this possibility. Prisoners or persons against whom a court verdict has already entered are not allowed to participate in the referendum. People declared legally incompetent are also not allowed to vote.
The principle of organizing, conducting a referendum and participating in it is, as in elections, a universal, equal and direct expression of will in a secret ballot. For every citizen, free access to the plots should be exercised. It is understood that it is impossible to force or dissuade a citizen from participating in an event.
Referendum
The Russian referendum is appointed exclusively on a day off, while it should be non-holiday. News about the future referendum and questions put to the vote are published in official sources (newspaper or on the Internet site) at least 45 days before it.
Every citizen who comes to the site must present a passport and register. An individual newsletter is issued to him, where it is necessary to note the answer to the question. Since the voting is secret, a closed place (booth) is equipped for each participant in the referendum to make a calm, informed decision and fix the result. To count the votes, all ballots should be lowered into special ballot boxes. Further, the commission carries out a vote count and approves the results.
Referendum Commission
The municipal election commission prepares, holds the referendum, counts the votes and determines the results. All this is carried out in the form most open to citizens. Now more and more often they began to install surveillance cameras that record the moments of the referendum and vote counting. Everyone can watch the progress of the event.
The commission is formed and operates in accordance with relevant laws. Its number depends on the number of sites into which the territory of the referendum is divided, and the number of voters in them. Most often, they coincide with the polling stations, since for the convenience of holding the latter, thorough preparations are carried out.
Referendum held
A referendum is considered to be held if at least a quarter of the total population in whose territory it was held participated in it. The issue put to the vote is considered resolved if more than half of the participants voted in his favor. When observers identify violations of the law during a referendum, or they have noticed falsifications during the counting that could change the result of a vote, such a procedure is invalidated. Persons interested in appealing against the results can go to court if they have evidence to support a violation of the law. Any citizen has the right to do so. The referendum and its results cannot be appealed later than a month after its holding.
Results of the local referendum
After the vote count, the results of the referendum must be announced within seven days. As a rule, they are published in the media, both print and electronic. If the referendum was held in a territory where there is no mass media or it is difficult to inform citizens in this way, then members of the commission should bring its results to citizens in another accessible way for ten days.
The results of the referendum become valid from the moment of their publication, unless a different date for the entry into force of the voting result is indicated in the document. The decision made can be canceled or changed only by the verdict of a subsequent similar event no earlier than two years later.
