Makartsev, A. A. Target-Setting as the Measure of Efficiency of Voting Rights

Abstract: The article covers the problems related to the target- setting feature of voting rights as the measure of their efficiency. Based on the critical analysis of the existing laws and regulations, it is concluded that despite a great role which the target-setting process plays in theory and practice, there is not enough attention being paid at this issue in the legal environment. In particular, Russian legislation does not have a mandatory requirement to legislate the target of legal regulation when making a law. Further, there is no common approach to referring to target-setting in documents that are enclosed to a draft law in the process of exercising the right to legislative initiative. Analyzing the real elections, we can acknowledge that in the course of law enforcement a whole range of targets is being defined and it is not always possible to mark out the main, socially important purpose. Legal regulation can reach the highest level of efficiency only when the main target of a regulatory act is being achieved. Noteworthy that interests of particular holders of voting rights that appear in the process of target achieving do not necessarily match the target and sometimes even oppose to it. A typical mistake in the course of enforcing voting rights is to set out the incorrect determination of their main target and substitute for the priority target with the secondary target as result of the ‘conflict’ of targets. In this regard, it is necessary to fix relevant targets in regulatory acts.

Keywords: