Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


For citation:

Troitskaya T. V., Uglanova O. A. The history of formation and development of the institution of election observers in Russia. Journal Izvestiya of Saratov University. Economics. Management. Law, 2024, vol. 24, iss. 1, pp. 65-71. DOI: 10.18500/1994-2540-2024-24-1-65-71, EDN: IPGTDE

This is an open access article distributed under the terms of Creative Commons Attribution 4.0 International License (CC-BY 4.0).
Full text PDF(Ru):
Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
342(470)(072.8)
EDN: 
IPGTDE

The history of formation and development of the institution of election observers in Russia

Autors: 
Troitskaya Tatyana Victorovna, Saratov State Law Academy
Uglanova Oksana Aleksandrovna, Saratov State Law Academy
Abstract: 

Introduction. Elections are one of the most massive social and political processes in the state. Elections in the state, the mechanism of their organization and conduct are subject to the fundamental principles of electoral law, which are based on publicity and openness of all electoral actions and procedures. Ensuring the transparency of elections is an indicator of the mechanism of interaction between society and the state, as an indicator of democratic development. Accordingly, the task of state bodies is to form the regulatory and legal conditions for the participation of civil society actors in ensuring the openness of the procedure for organizing and conducting voting, as a component of the democratic process of exercising public power in the country. Observers, along with other tools, are built into the mechanism for exercising public control over elections in Russia. Theoretical analysis. The institution of observers in Russia has certain patterns of development, interdependent histories of formation of socio-political institutions and elections in general. As the circle of subjects of electoral legal relations is being transformed, including the nomination and registration of candidates for elective positions, as well as the process of forming election commissions, the circle of persons entitled to participate in the procedure for appointing observers and giving them legal status is also changing. At the same time, the functional role of observers is subordinate to the development of forms and methods of voting in the state and formation of the features of the country’s electoral system, taking into account its historical features. Empirical analysis. The modern development of the legal regulation of the status of observers in Russia is associated with the expansion of the circle of entities that have the right to appoint observers, as well as the list of election commissions in which the subjects in question have the right to exercise powers. This trend is associated with the development of the institution of public control in elections in Russia as a whole. Accordingly, the Federal Law “On the Fundamentals of Public Control in the Russian Federation” began to extend its effect to electoral legal relations, and, as a result, the subjects of public control have the right to appoint election observers. The range of election commissions in which observers have the right to exercise their functions has expanded to include district and territorial election commissions. At the same time, the terms of reference of observers have remained unchanged, which does not correspond to the trends in the development of their legal status. Results. Taking into account the development of civil society and its institutions in Russia and the increase in their functional role in conjunction with the transformation of the electoral system and information and digital technologies, it is necessary to detail the status of observers depending on their participation in the work of election commissions of various levels and forms of voting, including multi-day voting. The terms of reference of an observer cannot be identical, taking into account the nature and specifics of work in district, territorial and precinct election commissions. Voting within a few days creates prerequisites for empowering observers with additional powers, taking into account the need to ensure the safety of ballots and implement additional forms of voting.

Reference: 
  1. Baykhanov I. B. Formation of the Institute of International election observation. Chelovecheskiy kapital [Human Capital], 2012, no. 1 (37). pp. 66–69 (in Russian).
  2. Declaration “On the Principles of international observation of elections and Referendums in the Member States of the Commonwealth of Independent States”. Adopted at the thirty-first plenary session of the Interparliamentary Assembly of the CIS Member States (Resolution no. 31-5 of November 25, 2008). ATP «Consultant» [electronic resource] (in Russian).
  3. Khalitova A. H. Public scrutiny over elections: the future is for professionals. Trud i sotsial’nye otnosheniya [Labor and Social Relations], 2013, vol. 24, no. 5, pp. 105–109 (in Russian). EDN: RDROSP
  4. Nudnenko L. A. The amendments to electoral legislation on the status of election observers. Representative Power – 21st Century: Legislation, Commentary, Problems, 2016, no. 3 (146), pp. 19–21 (in Russian). EDN: VPKMIX
  5. On approval of the updated version of the Regulations on the Elections of Deputies of the State Duma in 1993 and amendments and additions to the Regulations on Federal Authorities for the Transitional Period. Decree of the President of the Russian Federation no. 1557 of October 1, 1993. Sobraniye aktov Prezidenta i Pravitel’stva RF [Collection of Acts of President and the Government of the Russian Federation], 1993, no. 41, art. 3907 (in Russian).
  6. On elections to the Federation Council of the Federal Assembly of the Russian Federation. Decree of the President of the Russian Federation no. 1626 of October 11, 1993. Sobraniye aktov Prezidenta i Pravitel’stva RF [Collection of Acts of President and the Government of the Russian Federation], 1993, no. 42, art. 3994 (in Russian).
  7. On the election of the President of the RSFSR. Law of the RSFSR 1096-1 of April 24, 1991. Vedomosti of the Congress of People’s Deputies and the Supreme Soviet of the RSFSR, 1991, no. 17, art. 5110 (in Russian).
  8. On the basic guarantees of the electoral rights of citizens of the Russian Federation. Federal Law 56-FZ of December 6, 1994. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1994, no. 33, art. 3406 (in Russian).
  9. On the elections of People’s Deputies of the RSFSR. Law of the RSFSR of October 27, 1989. Vedomosti of the Supreme Soviet of the RSFSR, 1989, no. 44 (in Russian).
  10. Berdnikova E. V. Konstitutsionno-pravovye osnovy obshchestvennogo kontrolya v Rossiyskoy Federatsii [Constitutional and legal foundations of public control in the Russian Federation]. Saratov, Saratov State University Publ., 2018. 316 p. (in Russian).
  11. Yakovlev N. A., Romanova O. I. Institute of observers in the electoral process. Teoreticheskie i prikladnye aspekty sovremennoy nauki [Theoretical and Applied Aspects of Modern Science], 2015, no. 7–5, pp. 134–136 (in Russian). EDN: TKIISB
  12. On the basic guarantees of the electoral rights of citizens of the Russian Federation. Federal Law 124-FZ of September 19, 1997. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1997, no. 38, art. 4339 (in Russian).
  13. On the basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation. Federal Law 67-FZ of June 12, 2002 (an edition of December 28, 2022). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 24, art. 2253; 2023, no. 1 (pt. 1), art. 16 (in Russian).
  14. Uraev N. N. Constitutional and legal status of observers in Russian electoral law. Thesis Diss. Cand. Sci. (Jur.). Kazan, 2006. 22 p. (in Russian).
  15. Regulations on the specifi cs of voting, determining the results of voting during voting in elections, referendums scheduled for September 19, 2021, for several consecutive days. Resolution of the CEC of the Russian Federation of July 1, 2021 no. 13/103-8 (an edition of September 1, 2021 no 51/413-8. Available at: http://www.cikrf.ru/activity/docs/postanovleniya/49558/ (accessed June 1, 2022) (in Russian).
  16. Regulation on the procedure for remote electronic voting using Federal state information systems. Resolution of the CEC of the Russian Federation of June 8, 2022 no. 86/716-8. ATP «Garant» [electronic resource] (in Russian).
  17. Spiridonov A. A. Systemic unity of state control (supervision) and public control as a constitutional law principle. Lex Russica, 2022, vol. 75, no. 6, pp. 48–58 (in Russian). https://doi.org/10.17803/1729-5920.2022.187.6.048-058
  18.  
Received: 
20.02.2023
Accepted: 
10.09.2023
Available online: 
01.03.2024
Published: 
01.03.2024