The procedure for the election of deputies of the State Duma is an urgent issue today, since in 2014 an amendment to the federal law on this topic was adopted. According to this regulatory document, the formation of the current parliament was carried out. This article will detail the procedure for the election of deputies of the State Duma of the Russian Federation and others related to this issue.
Two constituencies
According to the system currently proposed, the voter votes for one of the candidates, as well as for the list of any party from the number represented in the ballot and ranked as the central district.
Accordingly, the lower house of the parliament of the Russian Federation is formed of two parts. The first of them is elected by the people, each of whom is a representative of his so-called single-member constituency. The second part is occupied by the deputies of the selected parties, which were announced in the ballot for the elections. In order for a political organization to gain the right to take its place in the Legislative Assembly, it is necessary that at least 5% of the population vote for it.
How are votes counted?
This procedure is quite complicated, and its scheme is a multi-stage mechanism. This article will only provide a superficial, schematic description of how the procedure for determining the results of elections of deputies of the State Duma takes place.
As for the first part of the procedure, that is, identifying winners among single-mandate candidates, there are usually no special difficulties. Half of the State Duma, that is 225 people, is replenished at the expense of persons who have collected the maximum number of votes in their constituencies. More difficult is the situation with voting on the federal list of parties.
The procedure for the election of deputies to the State Duma is established by the Federal Law on Elections. According to him, the first is the identification of those who have overcome the five percent threshold, and then the remaining seats in the Duma are distributed between these organizations in proportion to the number of voters who supported them. Such is the procedure for the election of deputies of the State Duma and the formation of its composition.
Who is eligible to vote?
According to the law on the procedure for the election of deputies of the State Duma and the Constitution of the Russian Federation, voting is the right of any citizen of Russia who has reached the age of majority, that is, 18 years.
Also, the aforementioned category of the population can participate in any activities related to this, including campaigning for one of the candidates, work in regional, central and other commissions, presence on the site as an observer, and so on.
The total number of people with the right to vote is calculated by special committees, first by district police officers, which transmit this information to local and then regional branches. Thus, the information gradually reaches the central commission, which identifies the total number of potential participants in these events throughout the whole country.
These lists must be compiled and published no later than 20 days before the appointed date for the election. This gives citizens the opportunity to familiarize themselves with these papers, check the availability of their names in the summaries, and also file a complaint with the appropriate authorities if they disagree with any circumstance.
Special cases
The procedure for the election of deputies of the State Duma, approved by federal law, provides for the inclusion in the lists of persons entitled to participate in such events of those people who are on long-term residence outside the country. They can exercise their constitutional right at special sites that are organized at Russian embassies.
Persons in places of deprivation of liberty may not participate in elections. They are deprived of the right both to be voters and to present their candidacy for the nomination of deputies to the Legislative Assembly.
Who can become a parliamentarian?
A person who has the right to be a person who meets two requirements:
- A person needs to have the citizenship of the Russian Federation.
- The candidate must be at least 21 years old, that is, the pan-European age of majority.
As for political parties, to be included in the election ballot, representatives of this organization need to collect at least 200 thousand signatures of their supporters. The second option may be to make a pledge in the amount of 5% of the total amount of finances required for the campaign.
It is worth mentioning the parties that do not overcome the line in the required percentage of votes during the voting. They will have to fully reimburse the funds allocated from the state budget for their campaign in the media: on television, radio in the press, and so on.
People's Choice
Political scientists say that the current system governing the election of deputies of the State Duma of the Federal Assembly is the most democratic in the history of the Russian state. They argue their point of view with the fact that this scheme takes into account the will of the majority, as happens when voting for specific candidates, and takes into account the need for each region to have representatives in parliament.
A bit of history
Not only the procedure for the election of deputies of the State Duma and the formation of the composition is an innovation.
The two-partness of the Russian parliament itself appeared only at the beginning of the last decade of the 20th century. Until that time, the function of the Legislative Assembly was carried out by the Supreme Council. The provision on the division of the Federal Assembly into two houses appeared in the 1993 law, adopted after the October putsch.
But, unlike many European parliaments, the Russian version is a more progressive kind of legislative body. Since, unlike foreign analogues, a person of any social status can get into the Russian parliament. In England, for example, the upper house is formed of representatives of the aristocracy, while the lower consists of all other classes. Thus, we can say that in Russia the most advanced model of legislative structure was adopted.
The struggle for a multi-party system
The current lower house of the Russian parliament is the seventh convocation of this governing body. Three times in the history of post-Soviet Russia, the voting procedure for the election of deputies of the State Duma was similar to the current one. In other cases, citizens were asked to vote for only one of the parties on the list, and the presence of a political organization in parliament was determined by the percentage of expressions of the people's will. In most cases, the threshold that the parties had to overcome was 5%. In 2011, this figure rose to seven.
The procedure for the election of deputies of the State Duma of that convocation was another innovation. Parties that did not receive sufficient support from the people were given one seat in parliament if the percentage of votes cast for them exceeded 5%, and two seats if 7% supported them. However, in reality such precedents did not happen.Thus, the problem of the need to increase the number of parties in the legislature was solved.
Violation of the procedure for the election of deputies to the State Duma
There are a number of provisions that prohibit certain actions on the part of candidates and their headquarters.
A person running for election should not use a special official position during the campaign for himself. For example, the number of hours allocated to each candidate for a deputy mandate on radio and TV is strictly limited.
This rule should apply to everyone, without exception, even if the person participating in the election race is a member of the press and has access to a wide audience. It is also strictly forbidden to abuse one's position by military and other responsible persons.
It is unlawful for various state organizations to participate in the election campaign, such as defense structures, police units, and so on. There are also a number of restrictions regarding candidate headquarters. Campaigning funding should not be provided by foreign organizations or citizens. Any campaign must be stopped on the day the elections are held. On the buildings where the polling stations are located, one should not place materials promoting one or another party or candidate. Representatives of those political forces participating in elections are prohibited from participating in the Central Election Commission.
This body is formed of independent representatives who are not related to any state structure. It is worth mentioning that the procedure for the election of deputies of the State Duma establishes a ban on the nomination of candidates for persons who are members of the Federation Council, that is, the upper house of the Russian parliament. These positions are recognized as mutually exclusive for the reason that laws adopted by the lower house are subject to approval by the Senate. If the same person is in both state bodies, then this fact itself is a violation of democracy.
The Federal Law on Elections to the State Duma stipulates that election campaigning may contain information of both positive and negative nature about all candidates without exception. That is, citizens are given the opportunity not only to advocate for a particular nominee, but also to disseminate information that is directed against him.
The legislation of the Russian Federation guarantees all candidates for deputies to the State Duma equal rights regarding the conduct of election campaigns.
The state also undertakes to provide equal length of time on television and radio channels, as well as the same number of printed signs in newspapers and magazines, to candidates for the post of people's representative in the Legislative Assembly.
Special commissions also monitor the legitimacy of all election campaigning actions by candidates. So, the latter are forbidden to bribe voters, as well as to pay for any activity other than that related to the organization of work of the headquarters and the preparation of information publications. It is considered illegal to distribute free any goods other than printed and special election products with party symbols. It is also forbidden to conduct on behalf of this or that candidate sale of any things, establishment of discounts and so on.
When can the results of the election of deputies of the State Duma be challenged?
The results of the entire campaign may be invalidated if during its implementation there were situations that made it difficult to identify those candidates for whom the actual majority voted.
There are also several provisions under which the procedure for the election of deputies of the State Duma of the Russian Federation is not considered to be violated, but the event may be declared invalid.So, if the number of people who came to the polls does not exceed 25% of the total number of voters, the event is considered invalid.
Also, the approved procedure for the election of deputies of the State Duma of the Russian Federation makes it possible to challenge the results, significant violations of the procedure have been identified (more than 25% of ballots are invalid).
Transfer of results to higher authorities
At the end of the election, the next stage of this campaign begins. Ballot boxes are opened. The votes are counted by members of precinct commissions.
They transmit the results to the regional offices and so on to the Central Committee.
About status
The procedure for the election of deputies of the State Duma by federal law is regulated. The very status of parliament and its powers are prescribed in the Constitution. The main characteristic of this state body is its legislative function, as well as its representativeness. The power of the Federal Assembly, the lower house of which is the State Duma, is completely independent.
No other body or official, including the President of the Russian Federation, may restrict it. The powers of the head of state include only the right to dissolve the State Duma. However, it can be realized only in a number of cases. For example, if the candidate for the prime minister is reapproved, the president can dissolve the parliament, while setting a date for the election of a new convocation.
The representativeness of this authority lies in the fact that deputies are present in it, protecting the interests of all regions of the country. Unlike the Supreme Council, which played the role of parliament in the USSR, there are no deputies from various sectors of society. Political scientists say that such an innovation is an example of a positive change in the law, since now only professional politicians are present in parliament.
Another feature of the Russian State Duma, indicated in the Constitution, is the stable status of this authority. This position of the parliament is based on the fact that its function in the management system is fixed in the basic law. A very complicated procedure is required to amend an article of the constitution. Even the State Duma itself is not entitled to change its powers and status in the system in the political system of the Russian Federation.
Today, the lower house of parliament does not perform a controlling function, as before. That is, now the executive and legislative branches are almost completely independent from each other. According to political scientists, this situation emphasizes the spirit of federalism, which should be present in our state.
Finally
The article provided information on the procedure for the election of deputies to the State Duma and its composition. Several chapters are also devoted to the issue of defining results. This material may be useful to a wide range of readers.