Везде
The imperativeness and dispositivity of the electoral process in the context of the value approach to the realization of electoral rights
Table of contents
Annotation Estimate Publication content
References Comments
Share
QR
Metrics
The imperativeness and dispositivity of the electoral process in the context of the value approach to the realization of electoral rights
Annotation
PII
S102694520017266-3-
DOI
10.31857/S102694520017266-3
Publication type
Article
Status
Published
Authors
Natalia Yu. Turischeva 
Affiliation: Kuban State University
Address: Russian Federation,
Edition
Isuue 10
Pages
117-126
Abstract

The article deals with a complex of problems of modern state-legal reality, the study of which is due to the transformation of the content of traditional methods of legal regulation of electoral relations. Recent changes in the electoral legislation indicate not only the intersection of imperative and dispositive principles in the electoral process, but also the replacement of one method of regulation by another. A significant role in the formation of new electoral procedures is assigned to election commissions, acting as subjects of the creation of “soft” law, whose activities reflect modern socio-cultural processes and a new understanding of public administration. Special attention is paid to the nomination and registration of candidates as the most value-oriented stage in the entire electoral process. Based on the analysis of the legal grounds for the registration of candidates, the author comes to the conclusion that the legislator mediates the forms of implementation of the passive electoral right through certain elements of direct or indirect participation of voters who implement their active electoral right. The development of the main institutions of modern Electoral Law is based on the use of the potential of advanced digital technologies aimed at expanding the rights of participants in the electoral process. The new rules defining the mechanism for the implementation of subjective electoral rights should receive mandatory regulation in the text of the law.

Keywords
electoral process, methods of regulation, new meanings, development of the content of electoral rights, registration of candidates, judicial review of electoral disputes
Received
24.06.2021
Date of publication
17.11.2021
Number of purchasers
14
Views
1952
Readers community rating
0.0 (0 votes)
Previous versions
S102694520017266-3-1 Дата внесения правок в статью - 25.10.2021
Cite   Download pdf

References

1. Jessop B. The State: past, present and future / transl. from English by S. Moiseev; ed. by D. Karasev. M., 2019. P. 113 (in Russ.).

2. Kostenko M.A. The integration nature of legal technologies and the concept of their classification // State and Law. 2019. No. 5. P. 5 (in Russ.).

3. Lazareva O.V. Legal technology. Saratov, 2017. P. 69 (in Russ.).

4. Postnikov A.E. Electoral Law as a sub-branch of Constitutional Law // Journal of Foreign Legislation and Comparative Jurisprudence. 2012. No. 4. P. 4 - 12 (in Russ.).

5. Postnikov A.E. Constitutional model of the political system of Russia in the conditions of development of the “digital society” // Journal of Russ. law. 2020. No. 5. P. 38, 39 (in Russ.).

6. Legal model and reality / ed. by: Yu. A. Tikhomirov, E.E. Rafalyuk, N.I. Khludeneva. M., 2014. P. 123 (in Russ.).

7. Savenkov A.N. The values of the Constitution in a changing world // State and Law. 2019. No. 3. P. 1 - 7 (in Russ.).

8. Fuller L.L. Morale of Law / transl. from English by T. Danilova. M.; Chelyabinsk, 2016. P. 245, 246 (in Russ.).

9. Hayek F. Law, legislation and liberty: a contemporary understanding of the liberal principles of justice and policy / transl. from English by B. Pinsker and A. Kustareva; ed. by A.ºKuraeva. M.; Chelyabinsk, 2016. P. 93, 94 (in Russ.).

10. Khokhgerner I. “Knowledge society”: tendencies and prospects of innovation: challenges and prospects. Novosibirsk, 2013. P. 293–313 (in Russ.).

11. Ebzeev B.S. “Hard” and “soft” law in the constitutional legal order of Russia (new meanings in understanding the sources of law) // State and Law. 2019. No. 12. P. 27, 28, 34, 37 (in Russ.).

12. Yasai E. de State / transl. from English by G. Pokatovich; ed. by Yu. Kuznetsov. M.;ºChelyabinsk, 2016. P. 204, 205 (in Russ.).

Comments

No posts found

Write a review
Translate