Izvestiya of Saratov University.

Economics. Management. Law

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


Full text PDF(Ru):
Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
342.843.5

Constitutional legal regulation of the use of information technologies in the electoral process of the Russian Federation: Problems and prospects for development

Autors: 
Kondraschenko Daria A., Saratov State University
Abstract: 

Introduction. Currently, information technologies occupy an important place in the life of every person and they are actively used in all spheres of the life of society and the state. The electoral process is one of the spheres of active use of the latest information technologies. Thus, in the elections and referenda Russia regularly uses electronic devices for voting, vote counting and data transfer within the system of election commissions, as well as means of video surveillance and broadcasting of images in the premises for voting. Theoretical analysis. Analyzing the legal basis for the use of information technologies in the electoral process of the Russian Federation, it should be noted that the importance of these technologies is emphasized in the latest edition of the Constitution of the Russian Federation. The electoral legislation of the Russian Federation is very large-scale and, in addition to the basic Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, the organizational and legal features of the use of information technologies are regulated by a number of legal acts. Empirical analysis. Considering the fact that information technologies have been used in various forms in the Russian electoral process for a long time, their significant technical changes should be emphasized. The analysis of the various aspects of the use of these technologies has allowed to allocate their advantages and disadvantages. Results. The author identified the problems of legal regulation of stationary and remote electronic voting and also the problems of using video surveillance and image broadcasting, including on the Internet. The author also stresses the need to systematize the existing rules and fill existing legal gaps and, therefore, the proposals on regulation of the organizational and legal features of the use of these technologies in the Federal Law “On electronic voting in the Russian Federation”.

Reference: 
  1. Danelian T. Ya. Informatsionnye tekhnologii v iurisprudentsii (IT v iurisprudentsii) : uchebno-metodicheskiy kompleks [Information Technology in Jurisprudence (IT in Jurisprudence): Educational and Methodological Complex]. Moscow, Publishing Center EAOI, 2009. 284 p. (in Russian).
  2. On information, information technologies and protection of information. Federal Law 149-FZ of 27.07.2006 (an edition of 08.06.2020). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2006, no. 31 (pt. 1), art. 3448; 2020, no. 24, art. 3751 (in Russian).
  3. The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended by Federal Constitutional Law 6-FKZ of 30.12.2008, Federal Constitutional Law 7-FKZ of 30.12.2008, Federal Constitutional Law 2-FKZ of 05.02.2014, Federal Constitutional Law 11-FKZ of 21.07.2014, Federal Constitutional Law 1-FKZ of 14.03.2020). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398; 2020, no. 11, art. 1416 (in Russian).
  4. On basic guarantees of electoral rights and the right to participate in the referendum of the citizens of the Russian Federation. Federal Law 67-FZ of 12.06.2002 (an edition of 23.05.2020). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 24, art. 2253; 2020, no. 21, art. 3232 (in Russian).
  5. On the State Automated System of the Russian Federation “Elections”. Federal Law 20-FZ of 10.01.2003 (an edition of 12.03.2014). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2003, no. 2, art. 172; 20214, no. 11, art. 1098 (in Russian).
  6. On the Procedure for using video surveillance and broadcasting images, broadcasting images on the Internet, as well as storing relevant video recordings at the elections of the President of the Russian Federation 18 March 2018. Resolution of the Central Election Commission of the Russian Federation of 20.12.2017 no. 116/943-7. Vestnik Tsentral’noi izbiratel’noi komissii Rossiiskoi Federatsii [Bulletin of the Central Election Commission of the Russian Federation], 2018, no. 1 (in Russian).
  7. Podvedeny itogi raboty videonabliudeniia i GAS «Vybory» na vyborakh Prezidenta RF (The results of the work of video surveillance and GAS “Vybory” in the elections of the President of the Russian Federation have been summed up). Available at: https://digital.gov.ru/ru/events/38046/ (accessed 20 January 2021) (in Russian).
  8. On the experiment on the organization and implementation of remote electronic voting in the election of deputies of the Moscow City Duma of the seventh convocation. Federal Law 103-FZ of 29.05.2019. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2019, no. 22, art. 2659 (in Russian).
  9. Dopolnitel’nye vybory deputatov Gosudarstvennoi Dumy Federal’nogo Sobraniia Rossiiskoi Federatsii sed’mogo sozyva po odnomandatnym izbiratel’nym okrugam. Vybory v sub”ektakh Rossiiskoi Federatsii. Edinyi den’ golosovaniia 8 sentiabria 2019 goda. Elektoral’naia statistika [By-elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the seventh convocation in single-mandate constituencies. Elections in the constituent entities of the Russian Federation. Single voting day on September 8, 2019. Electoral statistics]. Moscow, Ves’ Mir Publ., 2020. 344 p. (in Russian).
  10. On the experiment on the organization and implementation of remote e-voting in the city of federal significance Moscow. Federal Law 152-FZ of 23.05.2020. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2020, no. 21, art. 3231 (in Russian).
  11. Oglasheny itogi onlain-golosovaniya po popravkam v Konstitutsiiu (Results of online voting on amendments to the Constitution announced). Available at: https://www.rbc.ru/politics/01/07/2020/5efccdb09a7947b892449d6a (accessed 10 January 2021) (in Russian).
  12. Golovin A. G. On the prospects of codification of electoral laws in the Russian Federation. Electoral Legislation and Practice, 2018, no. 3, pp. 3–6 (in Russian).
  13. Lei 10.408-02 Sobre Voto Electronico 2002 (Law about electronic voting). Available at: http://www.brunazo.eng.br/voto-e/textos/lei10408.htm (accessed 10 January 2021).
Received: 
25.01.2021
Accepted: 
12.02.2021