Dementyev V.A. —
Participation of the local branches of political parties in municipal elections conducted on the basis of the proportional electoral system
// Politics and Society. – 2017. – ¹ 4.
– P. 1 - 10.
DOI: 10.7256/2454-0684.2017.4.22764
URL: https://en.e-notabene.ru/psmag/article_22764.html
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Abstract: The subject of this research is the participation of the local branches of political parties in municipal elections in cases when such elections take place in accordance with the proportional electoral system, and the local branches participate in it by putting forth the lists of candidates. Among all of these types of electoral associations with the right to nominate the candidates at the municipal elections, the local branches of political parties hold a special place. Being the closest to population structural subdivisions of political parties, the local branches are called to take active part in the municipal elections; however, namely due to their participation in the election, the law enforcement practice faced the majority of issues, which yet to not have an unambiguous legislative resolution. The method of the research leans on the analysis of the legal norms contained in legislative acts of the Russian Federation and its constituents, examination of the law enforcement practice, associated with participation of the branches of political parties in the local elections. The author determines the factors that are capable of creating the circumstances for violation of the rights of citizens and their associations regarding the participation in elections, as well as formulates the key ways of resolution of the assigned problems.
Dementyev V.A. —
Implementation of the proportional electoral system at municipal elections
// Law and Politics. – 2017. – ¹ 4.
– P. 87 - 98.
DOI: 10.7256/2454-0706.2017.4.43000
URL: https://en.e-notabene.ru/lamag/article_43000.html
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Abstract: The subject of this research is the separate constitutional legal aspects of implementation of the proportional electoral system at municipal elections. An acute discussion takes place within the academic community regarding the questions of foundation, circumstances, and limits of application of the aforementioned electoral system at local level, the participants of which hold diametrically opposed points of view. At times, there is doubt the very possibility of implementation of such electoral system at local level due to its probable discordance with the character of local self-governance, as well as inability to accommodate within the framework of representative body the maximally possible range of interests of the local society. At the same time changes in legislative base, which regulates the order of application of the proportional electoral system at local elections that took place over the recent years, carried the pronounced multidirectional character that often does not have a sufficient conceptual substantiation. The article provides a brief overview of the process of establishment of the proportional electoral system as a channel for formation of public authority at the local level; gives characteristic to its modern status; as well as analyzes the legislative base alongside corresponding legal positions of the Constitutional Court of the Russian Federation. The main conclusion of this work consists in the formulated criteria that are based on the legal positions of the Constitutional Court of the Russian Federation, and determine the admissibility of implementation of the proportional electoral system at the local level, as well as possible directions and specific measures aimed at improving the Russian model of application of proportional electoral system at the municipal elections.
Dementyev V.A. —
Application of proportional electoral system at municipal elections: some aspects of the constitutional law
// SENTENTIA. European Journal of Humanities and Social Sciences. – 2016. – ¹ 3.
– P. 11 - 21.
DOI: 10.7256/1339-3057.2016.3.21259
URL: https://en.e-notabene.ru/psen/article_21259.html
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Abstract: The subject of this research is the separate aspects of constitutional law on application of proportional electoral system at municipal elections. The issues of application of proportional electoral system at municipal elections are characterized by especially high relevance. The questions of bases, conditions and limitations of the application of this electoral system on the local level is the subject heated debates in the scientific community, the participants of which hold diametrically counterpoising points of view. The very possibility of application of such electoral system on the local level is often being doubted due to its potential discord with the nature of local self-governance and its inability to reflect the maximal spectrum of interests of the local community within the representative branch. At the same time, the recent changes to the legislative base that regulates the order of application of proportional electoral system at the local elections, carried a brightly expressed multi-vector character, which often did not have sufficient conceptual justification. This work offers a brief overview of the process of establishment of the proportional electoral system as the channel of formation of public authority at the local level, and provides characteristics of its current status and analyzes the legislative base and the corresponding legal positions of the Constitutional Court of the Russian Federation. Among the main conclusions of the conducted research are the criteria formulated based on the legal positions of the Constitutional Court of the Russian Federation that determine the allowability of the application of proportional electoral system at the local level, as well as possible directions and specific measures on improvements to the Russian model of the application of proportional electoral system at municipal elections.