Agakishiev E. —
Technical Means Applicable During Election and Referendum Voting: Topical Issues and Prospects
// Legal Studies. – 2019. – ¹ 1.
– P. 8 - 18.
DOI: 10.25136/2409-7136.2019.1.28493
URL: https://en.e-notabene.ru/lr/article_28493.html
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Abstract: The article s devoted to the legal provisions of Russian laws that regulate the order of using technical means during election and referendum voting, in particular, state automated sdystem Vybory, ballot processing machine and e-voting machine. In his research Agakishiev analyzes associated laws and legal precedents of Estonia, Germany, Switzerland and USA and makes suggestions aimed at improvement of applicable Russian laws. The author also discusses prospects for using distant e-voting. The methodological basis of the research is a set of general and special research methods such a dialectical, logical methods, systems analysis, legal comparison, formal law and other methods used both individually and collectively. The legal regulation of the application of technical means to the voting process has been the matter of attention of such scientists as A. Areshev, M. Vaskov, A. Veshnyakov, E. Gornostaev, L. Ketov, Yu. Klimov, M. Kuryachaya, L. Prihodko, M. Serbin, O. Sundatova, E. Khodina, N. Shubina, T. Shulga-Morskaya and others. Unlike previously published researches, in this research the author carries out a detailed analysis of the legal regulation of all technical means that are used today and may be used in the future. Based on the results of the research, the author describes legal collisions and gaps of the Russian law. Based on the analysis of the experience of the foreign states, the author makes suggestions on how to improve the legal regulation of the matter.
Agakishiev E. —
The Questions of Local Referendum: Regulatory Requirements in Russia and Foreign States
// Administrative and municipal law. – 2018. – ¹ 8.
– P. 26 - 35.
DOI: 10.7256/2454-0595.2018.8.27551
URL: https://en.e-notabene.ru/ammag/article_27551.html
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Abstract: Based on the analysis of law and judicial practice, Agakishiev studies regulatory requirements set forth by the Russian legislation in relation to the issues covered by the local referendum. In particular, the author touche supon the requirements for the matter and question formulation at the local referendum. In his research the author also analyzes the laws of the lands of the Federal Republic of Germany, cantons of Switzerland and USA states on the matter. Based on his analysis, the author makes suggestions on how to improve the legal regulation of the institution of the local referendum in Russia. The methodological basis of the research implies a combination of general and special research methods such as dialectical, logical, systemic, typological, comparative law, historical, formal law, and other methods applied both individually and in combination. There is a great number of researches devoted to the institution of local referendum in Russia. In particular, the issue was studied by such authors as A. Avtonomov, V. Komarova, A.Kostyukov, L. Nudnenko, V. Pylin, D. Ustinov, A. Sergeetv, and E. Shugrin. Unlike earlier researches, in this research Agakishiev carries out a detailed analysis of regulatory requirements for the issues discussed at the local referendum. The scientific novelty of the research is also caused by the fact that the author studies the matter from the point of view of both Russian and foreign law. Based on the results of the research, the author defines conflicts of law and gaps. Based on the analysis of the experience of the foreign states, the author makes suggestions on how to improve the legal regulation of requirements for the issues discussed at the local referendum.