Kravchenko, O. A. Conditions underpinning the constitutional principle of free and fair elections and referenda

Abstract: This article identifies the conditions necessary to ensure the constitutional principle of free and fair elections/ referenda. Analysis of the Constitution of the Russian Federation reveals that its articles provide the required basis and the necessary list of legal means by which to establish the conditions to ensure the constitutional principle of free and fair elections/referenda; that is, that the outcome of an election/referendum is free from any major flaws and is not doubted by the populace. The Constitution of the Russian Federation indirectly leads to the deduction that the results of elections/ referenda, as determined by the authorities organizing such, have to be (and are able to be) audited by any voter so that the errors may be corrected. It is possible to establish the conditions necessary for the organization of a voting system that would embody the constitutional principle of free and fair elections while preserving the secrecy of the ballot. Such conditions are: 1 ) the existence of a mechanism by which voters can verify a record of their vote; 2 ) the existence of a mechanism by which voters can safeguard their vote in case of discrepancies; 3 ) the existence of a mechanism by which voters can verify the authenticity of the voting results; 4) the existence of a mechanism for the protection of voters of an election/referendum in case of discrepancies; and 5 ) the existence of mechanism by which a political party can verify the reliability of the voting results; 6) the existence of a mechanism for the protection of a political party involved in an election/ referendum in case of discrepancies; 7) the existence of a mechanism to punish individuals who are identified and confirmed in court as being responsible for interfering with an election/referendum; and 8 ) the existence of a mechanism to encourage responsible and concerned individuals to detect and prove in court evidence of electoral interference.

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