Electoral system in the Russian Federation (types, types). Electoral system of the Russian Federation
Electoral system- a special political institution characterized by a set of rules and norms on the basis of which the relationship between the legislative and executive branches of government is determined and their legitimacy is achieved or withdrawn. The electoral system through elections makes it possible to form a certain type of organization of power, to ensure the participation of society in the formation government agencies authorities. The successful conduct of elections and the recognition of their results by the majority of society is an important feature of a given society to decide existing problems peaceful political means.
The most important components of the electoral system are voting rights and the electoral process.
Electoral law is a set of legal norms on the procedure for elections, which includes the political right of citizens to vote (active right) and to be elected (passive right), as well as electoral laws and other acts regulating the election process. The electoral process as a complex of actions in the organization and implementation of elections is a practical-organizational component of the electoral system, is based on electoral law and consists of several sequential stages (setting the election date, forming electoral districts and precincts, forming election commissions, nominating and registering candidates, voting and establishing its results).
In the practice of modern democracies there are national parliamentary and presidential elections; elections to regional authorities and local government.
Types of Electoral Systems
IN modern Russia Depending on the level of government being formed, majoritarian, proportional or mixed electoral systems are used.
(1) the majoritarian electoral system is based on the majority principle, i.e. The winner is the candidate who receives the majority of votes. The majority of votes can be absolute (50% + 1 vote) and relative (more than the opponent). The absolute majority majority system, if none of the candidates received an absolute majority of votes, involves a second round of voting, where the two candidates who received a relative majority of votes advance.
The President of Russia is elected according to a majoritarian system of absolute majority. The heads of the constituent entities of the Russian Federation have been elected using the same system since 1991, with a break from 2005 to 2011. In 2012, according to the Federal Law of May 2, 2012 No. 40-FZ “On Amendments to the Federal Law “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" direct elections of heads of regions of the Russian Federation were returned. On April 2, 2013, on the initiative of President V.V. Putin, amendments were made to the Law giving the subjects of the federation the right to replace popular elections of their heads with voting in parliament on several candidates.
(2) the proportional electoral system involves the distribution of seats in parliament in accordance with the number of votes received in the elections according to party lists: each party receives strictly certain number seats in parliament, which is the sum of the number of mandates it received in each electoral district.
In Russia, such a system worked during the formation State Duma and regional parliaments from 2007 to 2011.
The 2007 State Duma elections were the first in which a proportional system was used. In addition, the electoral threshold for parties was raised from 5% to 7%; the lower turnout threshold and the ability to vote “against everyone” were removed; parties were prohibited from uniting into party blocs.
The 2011 State Duma elections were the first and last in which parties that received from 5 to 6% of the votes received one mandate in the chamber, and those that received from 6 to 7% received two mandates. However, none of the parties was able to show a similar result. At the same time, all four parties that were represented in the lower house of the Parliament of the fifth convocation (Communist Party of the Russian Federation, Liberal Democratic Party of Russia, United Russia, A Just Russia) retained their representation in the State Duma of the sixth convocation. However, no other party entered the federal parliament.
(3) a proportional-majoritarian or mixed electoral system involves a combination of two types of systems in elections to a specific government body.
During the elections to the State Duma of 1993, 1995, 1999, 2003. 225 deputies were elected according to a proportional system in a single federal district with a threshold of 5%, the other 225 deputies were elected in single-mandate districts (majority system of a relative majority).
The 2016 State Duma elections will again be held under a mixed system: one half of the deputies (225) will be elected in single-mandate districts using a majoritarian system of relative majority, the other half will be elected in a single electoral district using a proportional system with a 5% barrier. At least one electoral district will be formed on the territory of each subject of the Russian Federation; if necessary (in densely populated regions), there will be more districts (Federal Law dated February 22, 2014 No. 20-FZ “On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation”).
According to current legislation, parties that have entered parliament will be able to nominate their candidates in the Russian presidential elections without collecting signatures. At the same time, all parties that received at least 3% of the votes in the elections will have a number of state benefits and privileges: direct admission to the next elections to the State Duma and elections to legislative (representative) bodies of state power in the constituent entities of the Russian Federation, which will take place no later than next elections to the State Duma; reimbursement of all expenses for the past elections and increased financial security for the entire period until the next elections.
Single voting day
The peculiarity of the electoral system in a particular country also concerns voting day. As a rule, two main approaches are used when setting a voting day - either elections are scheduled for any day (usually a weekend) when the powers of the relevant body or official expire (in case of early termination of powers, there is a separate procedure established by the constitution and laws of the country), or single voting day.
For example, in the USSR, elections to the Councils of People's Deputies (except for the Supreme Council of the USSR) were held simultaneously - in March. In post-Soviet Russia, elections at various levels were not synchronized. As a result, a situation of “permanent elections” developed in the country - practically every Sunday elections at the regional or local level were held in one of the regions.
In 2004, changes were made to the electoral legislation, according to which a single voting day was introduced for elections at the regional and local levels - the first or second Sunday of March. Moreover, in some cases it was allowed to schedule elections on the first or second Sunday of October, or simultaneously with elections to the State Duma, and in exceptional cases - on any day. Moreover, the elections of the President of Russia, starting from 2000, were held in March. And elections to the State Duma, starting from 1993, are in December. However, they were not strictly tied to a single voting day. These deadlines could be shifted in the event of early termination of the powers of the President of Russia or the dissolution of the State Duma.
Since 2013, elections have been held on the second Sunday of September. On September 14, 2014, election campaigns at various levels were held, including elections of heads of 30 constituent entities of the Russian Federation (11 planned and 19 early) and elections of deputies of legislative bodies of state power in 14 constituent entities of the Russian Federation. On September 13, 2015, elections were held at various levels, including elections of heads of the constituent entities of the Russian Federation (10 regular, including elections through the parliaments of the constituent entities, and 14 early) and elections of deputies of legislative bodies of state power in the constituent entities of the Russian Federation. However, this practice (voting on Sunday in early September) shows that at this time of year many voters do not physically reach polling stations, since many are still on vacation. Therefore, there was a need to adjust the single voting day. At the moment, this issue is being actively discussed in the legislative and executive authorities of the Russian Federation.
TOPIC 2. MAIN ELECTORAL SYSTEMS FOR ELECTIONS IN THE RUSSIAN FEDERATION
Main electoral systems used in elections in the Russian Federation
Methods for distributing mandates in municipal elections are very diverse. Although they are all based on either the largest remainder method (Hare-Niemeyer method) or the Imperial divisor method, in many regions these techniques are modified to include various options adjustments in case any of the lists of candidates admitted to the distribution of mandates does not receive a single mandate. However, not all regions have error-free methods.
In municipal elections, lists of candidates are most often not divided into territorial groups. At the same time, in a number of regions laws provide for such a division, mainly for elections in large urban districts.
4.5. Mixed electoral system
The mixed electoral system is used in Russian municipal elections more often than the fully proportional one.
Basically, the option is used in which half (or about half) of the deputies are elected according to the proportional system, and the remaining deputies are elected in single-mandate constituencies according to the majoritarian electoral system of the relative majority.
Another common option is when the majoritarian component is implemented in the form of multi-member constituencies with the number of votes a voter has equal to the number of mandates. Sometimes the majoritarian component is implemented in the form of a single multi-member electoral district; in this case, the number of deputies elected under the majoritarian system is significantly less than those elected according to party lists. This option is typical for the Republic of Sakha (Yakutia); for example, in the Ust-Yansky ulus on October 14, 2012, 10 deputies were elected from party lists and 5 deputies from a single five-mandate majoritarian district.
5. The procedure for calling elections and the main stages of the election campaign
In accordance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation,” the election campaign begins on the day of the official publication of the decision of the authorized body or official to call elections and ends on the day the election commission organizing the elections submits a report on expenditure of funds from the relevant budget allocated for the preparation and conduct of elections.
5.1. Procedure for calling elections
There are main, repeat and by-elections. The main elections are held due to the expiration of the term of office of the relevant body or elected official, or due to the early termination of the powers of this body or official (in the second case, they are called early elections). Repeat elections are held if the main elections were declared invalid or their results were declared invalid. At by-elections, deputies are elected to seats that become vacant as a result of the early retirement of the deputies who filled these mandates.
Elections are called by a body or official authorized to do so by law. In accordance with the Constitution of the Russian Federation, elections of the President of the Russian Federation are appointed by the Federation Council, and elections of the State Duma are appointed by the President of the Russian Federation. In accordance with the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation,” regional elections are called by the legislative (representative) body of state power of the constituent entity of the Russian Federation. In accordance with the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” municipal elections are called by a representative body municipality.
Although the provisions noted above do not strictly state that they apply only to primary elections, the procedure for calling runoff and by-elections may differ. Thus, in accordance with the Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation,” repeat elections of deputies of the State Duma are appointed by the Central Election Commission of Russia. In most regional laws, the election commission organizing the elections has the power to call repeat elections. In some regional laws, the same commission is entrusted with calling additional elections.
In accordance with the Federal Law “On the Election of the President of the Russian Federation,” the voting day in the election of the President of the Russian Federation is the second Sunday of the month on which voting was held in the previous general elections President of the Russian Federation and in which the President of the Russian Federation was elected six years ago. In accordance with the Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation,” the voting day for the election of deputies of the State Duma is the first Sunday of the month in which the constitutional term for which the State Duma of the previous convocation was elected expires (this period is calculated from the day of its election ).
In accordance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation,” the voting day for elections to government bodies of the constituent entities of the Russian Federation, local government bodies is the second Sunday of September of the year in which the terms of office of these bodies or deputies expire of the indicated bodies, and if the terms of office expire in the year of elections of deputies of the State Duma of the next convocation, - the voting day at the said elections.
There are several exceptions to this rule:
Ø in the event of early termination of the powers of bodies or deputies, entailing the incompetence of the body, early elections must be held no later than six months from the date of such early termination of powers (this provision does not apply to early elections of the highest official of a constituent entity of the Russian Federation, which are held in the nearest, taking into account the timing of calling elections, the second Sunday in September after such early termination of powers);
Ø elections to local government bodies of a newly formed municipality must be held no later than six months from the date of its creation;
Ø if the main elections to the legislative (representative) body of state power of a constituent entity of the Russian Federation or a representative body of a municipal entity or the main elections of an elected official were held on the second Sunday of September and, according to their results, the corresponding body was not formed in the competent composition or the elected official was not elected, repeat elections are held no later than three months from the day of voting in the main elections;
Ø if, as a result of the early termination of deputy powers, the legislative (representative) body of state power of a constituent entity of the Russian Federation or the representative body of a municipal formation remains in an unauthorized composition, additional elections are held no later than four months from the date of such early termination of powers.
The decision to call elections to a federal government body must be made no earlier than 110 days and no later than 90 days before voting day. The decision to call elections to a government body of a constituent entity of the Russian Federation must be made no earlier than 100 days and no later than 90 days before voting day. The decision to call elections to a local government body must be made no earlier than 90 days and no later than 80 days before voting day. Upon appointment early elections specified deadlines may be reduced, but not by more than one third.
If the authorized body or official does not call elections within the time period provided for by law, and also if the authorized body or official is absent, elections are called, depending on their level, by the Central Election Commission of Russia, the election commission of a constituent entity of the Russian Federation or the election commission of a municipal entity.
If the relevant election commission does not call elections within the period established by law, or if there is no such election commission, the relevant court of general jurisdiction, based on applications from voters, electoral associations, state authorities, local government bodies, and the prosecutor, may determine a period no later than which the authorized body or official, or in their absence, the relevant election commission must call elections.
The decision to call elections is subject to official publication in the media no later than five days from the date of its adoption.
5.2. Main stages of the election campaign
The period from the official publication of the decision to call elections to voting day is usually divided into two large stages: the stage of nomination and registration of candidates (lists of candidates) and the stage of pre-election campaigning. This division is quite arbitrary. Firstly, in accordance with the law, the campaign period begins from the day of nomination of a candidate, a list of candidates, that is, election campaigning is carried out during the period of nomination and registration of candidates. Secondly, registration of different candidates (lists of candidates) may be completed at different times.
However, this division into stages makes a certain sense, since at the first stage the main attention of all participants in the election campaign is focused on the issues of nominating and registering candidates (lists of candidates), and at the second stage, when the circle of competitors is already determined, on issues of election campaigning . We also note that, in accordance with federal law, election campaigning on the channels of television and radio broadcasting organizations and in periodicals printed publications begins 28 days before voting day, and this largely coincides with the beginning of the second stage (the end date for registration of candidates and lists of candidates is determined by the law on specific elections, but most often this happens about a month before voting day).
Election campaigning ends at zero o'clock local time one day before voting day. The last day before voting day is used to prepare for the organization of voting.
On election day, voters vote, then the counting of votes begins at the polling station, which may also take the beginning of the next day. Then, within a few days, the voting results are summed up and the election results are determined, then the elected persons are registered.
The last stage of the election campaign is the compilation of final financial reports candidates, electoral associations and election commissions.
The practical implementation of a citizen's right to vote largely depends on the type of electoral system operating in a particular country.
Electoral system- this is the procedure for organizing and conducting elections, enshrined in legal norms, methods for determining voting results and the procedure for distributing deputy mandates.
In world practice, the most common types of electoral systems are majoritarian, proportional and mixed.
1. Majoritarian (fr. majorite - majority) electoral system: the candidate (list of candidates) who has received statutory majority of votes. Since the majority can be relative, absolute and qualified, there are three varieties of this system.
At majoritarian electoral system of relative majority The winner is the candidate who received more votes than each of his rivals (Great Britain, Canada). Under such a system, as a rule, there is no mandatory minimum voter participation in voting. An election is valid if at least one voter has voted. When one candidate is nominated for a seat, the latter is considered elected without a vote.
At majoritarian electoral system of absolute majority The candidate who receives over 50% of the votes is elected. Under such a system, a lower threshold for voter participation is usually set. Since obtaining an absolute majority is difficult to achieve in practice, a second round of voting is held. Most often, two candidates with the highest scores are allowed to participate in it. larger number votes in the first round. To win, a candidate only needs to get a relative majority of votes. In France, all first-round candidates who receive at least 12.5% of the votes can participate in the second round. The winner is also the candidate who receives a relative majority of votes.
At majoritarian qualified majority electoral system A candidate who receives a qualified majority of votes (2/3, 3/4 of the total number of votes cast), which is established by the legislation of the country, is considered elected. This system is even less effective than the absolute majority system. Therefore, it is rarely used. For example, in Chile the Chamber of Deputies is elected in two-member constituencies. The party that collects 2/3 of the total number of valid votes receives both district mandates.
The majoritarian electoral system has a number of advantages:
1) provides the winning party with a majority in parliament, which allows the formation of a stable government under parliamentary and mixed forms of government;
2) involves the formation of large political parties or blocs that contribute to stabilization political life states;
3) contributes to the formation of strong direct ties between voters and the candidate (later the deputy).
At the same time, all types of majoritarian systems also have significant disadvantages.
Firstly, this system distorts the real picture of the country's socio-political forces in favor of the winning party. Voters who voted for a defeated party are deprived of the opportunity to nominate their representatives to elected bodies. This violates the principle of universal suffrage.
Secondly, this system can help weaken the legitimacy of power and cause distrust in the existing system, since the access of representatives of losing small parties to the deputy corps is limited. At the same time, the formed government may not enjoy the support of the majority of the country's population.
Third, the direct dependence of deputies on the electors of a particular electoral district encourages them to protect local interests to the detriment of national interests.
Fourthly, the frequent ineffectiveness of the first round of elections under the majoritarian system of absolute and qualified majorities requires additional expenses for the second round of elections.
2. Proportional electoral system. It is based on principle of proportionality between the votes cast for a party and the mandates it received: not a single vote is wasted, each one influences the composition of the elected body. This system in modern world more widespread than majoritarianism. It is used in most Latin American countries, Scandinavian countries and only in multi-member electoral districts.
Elections held under this system are strictly party-based. This means that mandates are distributed between parties in accordance with the number of votes cast for them. Voters vote not for a specific candidate, but for a list of candidates of a particular party, and therefore for its program. There are three main types of voting lists: rigid, semi-rigid, free (flexible).
1. The rigid list system requires the voter to vote for the party as a whole. Candidates receive mandates in the order in which they are represented on party lists (Greece, Israel, Spain).
2. Semi-rigid list system , firstly, it involves voting for the entire party list; secondly, it guarantees the candidate leading the party list mandatory receipt mandate. The distribution of the remaining mandates received by the party is carried out depending on the votes received by the candidate, or preferences (from lat. praeferre - prefer, give advantage). Preferential voting is the establishment by the voter of the order of candidates within; one party list that suits him best. The voter places the order numbers against the names of one, several or all candidates. This system used in Austria, Denmark.
3. The free list system involves voting for the entire party list and allows for the distribution of all deputy seats in accordance with voters' preferences. Candidates who score greatest number preferences (Belgium).
After voting, the distribution of mandates begins. The basis for determining the number of mandates for a particular party is the principle of an electoral quota, or electoral meter. Electoral quota is the number of votes required to elect one deputy. Each party receives as many deputy mandates in the constituency as the number of electoral quotas contained in the sum of the votes it collected in that constituency. As a rule, laws do not fix the amount of the quota, but indicate the method for calculating it.
The proportional electoral system has its advantages:
1) it allows the formation of government bodies, the composition of which more adequately reflects the actual balance of party forces in the country. This makes it possible to take into account the interests of individual social and political groups to a greater extent;
2) this system, if it is not distorted by any additional “rules,” ensures representation even for small parties, that is, it contributes to the development of political pluralism and multi-party system.
However, the proportional system also has significant disadvantages.
Firstly. The weak connection between deputies and voters is due to the fact that the latter vote not for specific candidates, but for parties. This disadvantage is compensated to a certain extent by preferential voting. Overcoming this disadvantage is also facilitated by panching(from fr. panachage - mixing). Panashing gives the voter the opportunity to vote for a certain number of candidates from different party lists. In addition, the voter has the right to propose new candidates and add their names to the list.
Secondly, very strong dependence of candidates on the party apparatus, whose responsibility is to compile party lists. From here it becomes possible to put pressure on candidates, and subsequently on the legislative activities of parliamentarians.
Third, Difficulties arise when forming a government. In the conditions of a multi-party system and the absence of a dominant party, the emergence of multi-party coalitions consisting of parties with different program goals and objectives is inevitable. The policy of the government formed on the basis of an inter-party coalition is characterized by less consistency and stability, and frequent crises. An example is Italy, which has been using this system since 1945. During this time, more than fifty governments have changed here.
To overcome this disadvantage, a number of countries use the so-called "barriers" or "interest clauses" establishing the minimum number of votes required to obtain mandates. Thus, in Germany and Russia this “barrier” is equal to 5% of the total number of votes cast throughout the country, in Bulgaria, Sweden - 4%, in Denmark - 2%. Parties that do not overcome this threshold do not receive a single deputy mandate.
The indicated methods (panashing, “barriers”, etc.), on the one hand, help overcome the shortcomings of the proportional system, and on the other hand, they significantly limit the principle of proportionality and thereby distort the will of voters.
To overcome the shortcomings and use the advantages of the majoritarian and proportional electoral systems in the post-war period, the formation of mixed electoral system.
3. C mixed electoral system. The essence of this system is that one part of the deputy mandates is distributed on the basis of the principles of the majoritarian system, and the other - in accordance with the principles of the proportional system. This system is used in Bulgaria, Germany, Lithuania, Italy, and Russia. For example, in Russia, 450 deputies are elected to the State Duma, of which 225 are elected in single-mandate districts (one deputy is elected from each district according to the majoritarian system of relative majority) and 225 in the federal electoral district based on the proportional system. In this case, the voter receives two votes: with one he votes for a specific candidate running in a given electoral district, and with the other he votes for a political party.
The advantages of a mixed electoral system include the fact that it: promotes the consolidation of political parties or blocs while maintaining the principle of proportionality. This ensures the formation of a sustainable government; provides the opportunity to maintain a connection between voters and their elected deputies, which is to a certain extent disrupted by the proportional system.
The types of electoral systems considered directly affect the technology of the election campaign.
Any elections are held within a period clearly defined by law. This period is called election campaign . Each election campaign has its own calendar of pre-election events, taking into account the deadlines provided for by law. Thus, according to Russian legislation, the election date must be set no later than 72 days in advance, candidates must be registered 40 days in advance, etc. To conduct an election campaign, parties and individual candidates create election headquarters, which include professionals: a manager, a financial agent, a press secretary, a political organizer, a daily planner, a technical secretary, and a special assistant to the candidate.
In addition to them, outside consultants are hired: opinion poll specialists, media consultants mass media, fundraising specialists, image makers, etc. Under development plans for campaigning and propaganda events, meetings of the candidate with voters, representatives of the candidate (observers) are appointed to election commissions. In the conditions of modern Russia, such headquarters are created by candidates representing power structures, the opposition is deprived of such an opportunity due to lack of material resources.
As a rule, in most countries, election campaigning ends one day before the opening of polling stations. This is done so that voters themselves have the opportunity to independently think about and comprehensively make their choice - for whom and for what exactly to cast their vote.
Election campaigns, regardless of the type of elections (presidential, parliamentary, regional, local government) have the same stages, the boundaries of which are determined by election laws (regulations).
They look like this:
Determining the date of elections;
Nomination of a candidate, formation of his team;
Collection of signatures in support of the candidate;
Candidate registration;
Drawing up a socio-psychological and political matrix of voters in the district;
Development of the candidate’s election program and wide familiarization of voters with it;
Drawing up a plan for campaigning and propaganda events, meetings of the candidate with voters;
Election campaign monitoring;
Creation of a candidate’s monetary fund, mobilization of organizational and technical means (transport, communications, office equipment, etc.);
Conducting the final socio-political research.
The date for the central government bodies, as a rule, is determined by the head of state, for regional bodies - the legislative assembly of the region.
As is known, the electoral system as an institution of electoral law is understood in two meanings. Firstly, the electoral system represents the entire set of principles, methods, and norms governing the conduct of elections in the state. In our opinion, this position gives too broad an idea of the electoral system. Although in practice such an interpretation is not only allowed, but also applied. Thus, 2013 marks the 20th anniversary of the electoral system in the Russian Federation and its constituent entities. In this case, the concept of “electoral system” is interpreted extensively.
The second interpretation of the concept of “electoral system” is based on the inclusion in it of the conditions for recognizing a candidate (candidates) as elected, and lists of candidates as admitted to the distribution of deputy mandates, as well as the procedure for distributing deputy mandates between lists of candidates and within the list of candidates. It is this interpretation of the concept of “electoral system” that seems to us more correct.
In accordance with it, three types of electoral systems can be distinguished: majoritarian, proportional and mixed.
Majoritarian electoral system applies exclusively to the election of individual candidates, and not lists of candidates. When using a majoritarian electoral system, the candidate who receives the most votes is considered elected. There are a majoritarian electoral system of an absolute majority and a majoritarian electoral system of a relative majority.
Majority system of absolute majority assumes the victory of the candidate who received more than half of the votes. In this case, it can be either 50% plus one vote or 99%. In any case, in this situation the candidate will be considered elected.
This system is used, for example, in the elections of the President of the Russian Federation during the main vote, in the elections of heads of a number of municipalities.
Majority system of relative majority used in elections where the winner is the candidate who receives more votes than the other candidates. When applying a relative majority electoral system, it is not at all necessary that the number of votes cast for the winning candidate exceed 50%, although in practice such cases do occur. Thus, in the elections for the Head of Yekaterinburg on March 2, 2008, the current head received 54.01% of the votes.
As a rule, such a system is used in the elections of some deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation, during repeated voting in the elections of the President of the Russian Federation, and during elections of deputies of representative bodies of individual municipalities. It seems that the majoritarian electoral system is simpler for organizing the preparation and conduct of elections. However, it cannot be said that it reflects the complete legitimacy of the election of a particular person. This circumstance is especially evident when the winning candidate gains from 10 to 20% of the votes. Thus, in the elections of 14 out of 28 deputies of the Pervouralsk City Duma (Sverdlovsk Region), seven two-mandate constituencies were formed, in which elections were held on the basis of a majoritarian electoral system of a relative majority. As a result of the application of just such a system, in one of the districts the candidate who received 666 votes was elected. However, the total number of voters in this district was 18,185.
Using proportional electoral system voting is carried out not for a specific candidate, but for lists of candidates nominated by electoral associations. Formally, the voter votes for a list of candidates, but in reality he gives his vote to a specific electoral association. Often voters are not interested in the persons on the list of candidates, initially trusting the electoral association.
Those lists of candidates who have received a certain percentage of votes are allowed to distribute deputy mandates. So, in accordance with paragraph 4 of Art. 82 of the Law on Elections of State Duma Deputies The Central Election Commission of the Russian Federation recognizes elections of State Duma deputies as invalid if not a single federal list of candidates received seven or more percent of the votes of voters who took part in the voting. We believe that the 7% barrier is a rather serious obstacle to the passage of small parties into power. Meanwhile, the Constitutional Court of the Russian Federation in the Resolution of November 17, 1998 No. 26-P “On the case of verifying the constitutionality of certain provisions of the Federal Law of June 21, 1995 “On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation”” and in the Determination of November 2 2000 No. 234-0 “On refusal to accept for consideration a number of complaints public associations on the violation of constitutional rights and freedoms by the provisions of the federal laws “On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation” and “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” formulated the following legal position.
The so-called barrier clause (percentage barrier), meaning some limitation of proportional representation, is provided for in the legislation of a number of countries with a mixed electoral system. This restriction makes it possible to avoid the fragmentation of the deputy corps into many small groups, the formation of which can be caused by a proportional electoral system in the absence of a percentage barrier. It is aimed at ensuring the normal functioning of parliament, stability legislative branch and the constitutional system as a whole.
From Art. 13, 19 and 32 of the Constitution of the Russian Federation, which correspond to Art. 26 of the International Covenant on Civil and Political Rights of December 16, 1966 and Art. 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of November 14, 1950, it follows that equality of voting rights of citizens, as well as equality of electoral associations means their equality before the law and the right to equal and effective protection law without any discrimination. However, in relation to electoral law, equality of elected individuals and associations cannot mean equality of their results, since elections are an opportunity for voters to determine their preferences and vote for the appropriate candidate or list of candidates, which entails the emergence of winners and losers. The rules by which elections are held are the same for all electoral associations and for all citizens participating in elections according to federal lists.
This order does not violate Art. 3 of the Constitution of the Russian Federation, since it does not interfere with the holding of free elections, i.e. ensuring the free expression of the people's will in elections to the legislative body. Nor does it distort the essence of popular representation. Citizens who did not vote at all or voted, but not for those candidates who became deputies, cannot be considered as deprived of their representation in parliament. All legally elected deputies of the State Duma are representatives of the people and, therefore, representatives of all citizens who have the right to manage the affairs of the state through their representatives. A candidate who wins an election under the conditions determined by law, regardless of which electoral district, single-mandate or federal, he was elected in, becomes a deputy of the State Duma as a representative body of the Russian Federation, i.e. representative of the people in accordance with the meaning of Art. 3 of the Constitution of the Russian Federation.
Thus, the Constitution of the Russian Federation does not exclude the possibility for the legislator to establish a certain percentage of votes that must be collected in elections in support of the federal list of candidates nominated by an electoral association so that the electoral association has the right to participate in the distribution of deputy mandates. According to the Constitutional Court of the Russian Federation, in countries with a stable multi-party system, a 5% barrier is an average indicator that allows, without distorting the principle of proportionality, to carry out the tasks for which it is introduced in proportional and mixed electoral systems, and therefore is not considered excessive. Meanwhile, in the Russian Federation, with its still emerging and unstable multi-party system, the 5% barrier, depending on various conditions, can act as both acceptable and excessive.
Since in 1995 the electoral associations that overcame the established threshold received more than half of the votes of the voters who took part in the elections, the majority principle was not violated. Consequently, the 5% threshold, given its implementation in the electoral process in 1995, could not be considered excessive.
At the same time, it is unacceptable to use the 5% barrier contrary to the purpose of proportional elections. Therefore, the legislator must strive to ensure that when applying it, the maximum possible implementation of the principle of proportional representation is ensured.
Also, the Constitutional Court of the Russian Federation recommended that the Federal Assembly of the Russian Federation determine a mechanism legal regulation, allowing to comply with the requirements arising from the democratic nature of the foundations of the constitutional system of the Russian Federation, the establishment of specific provisions establishing such a mechanism (the introduction of a “floating” barrier, the announced blocking of associations, etc.).
It should be noted that on October 7, 2011, the State Duma adopted in the third reading the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Reduction of the Minimum Percentage of Votes Required for Admission to the Distribution of Deputy Mandates in the State Duma of the Federal Assembly of the Russian Federation” Federation", which provides for a reduction of the barrier barrier to 5% in the elections of deputies of the State Duma. But since the Federal Law will be adopted during the election campaign, its effect will extend to the next election campaign, which will take place in 2016. Thus, at the elections of deputies of the State Duma, which will take place on December 4, 2016, the distribution of deputy mandates will be allowed those parties for which at least 5% of voters voted. Despite the fact that the political situation in the state may change in five years, we nevertheless believe that a return to the five percent barrier is an effective and positive step.
According to paragraph 16 of Art. 35 of the Law on Guarantees of Electoral Rights, the law of a subject of the Russian Federation may provide for the minimum percentage of votes received by a list of candidates necessary for admission to the distribution of deputy mandates, which cannot be more than 7% of the number of votes of voters who took part in the voting. Thus, the electoral legislation of the Sverdlovsk, Novosibirsk, Volgograd regions, and Primorsky Territory establishes the maximum percentage allowed by the federal legislator. For example, Art. 66 of the Law of the Sakhalin Region of April 10, 2008 “On elections of deputies of the Sakhalin Regional Duma” establishes a 6% barrier for the distribution of deputy mandates. Clause 8 of Art. 84 of the Law of the Altai Republic of June 24, 2003 “On elections of deputies of the Altai Republic” establishes a 5% barrier for the distribution of deputy mandates between lists of candidates.
In addition, in accordance with paragraph 16 of Art. 35 of the Law on Guarantees of Electoral Rights, at least half of the deputy mandates in the legislative (representative) body of state power of a constituent entity of the Russian Federation or in one of its chambers are distributed among the lists of candidates nominated by electoral associations, in proportion to the number of votes received by each of the lists of candidates. Thus, at least half of the deputies of legislative (representative) bodies in the constituent entities of the Russian Federation must be elected using a proportional electoral system.
Mixed electoral system involves the simultaneous use of majoritarian and proportional systems in elections to one government body. Previously a shining example This type of electoral system was the election of deputies of the State Duma, when 225 deputies were elected on the basis of a majoritarian system of relative majority, and 225 on the basis of a proportional electoral system. Today, the mixed electoral system is used in a number of constituent entities of the Russian Federation and municipalities. Thus, 25 deputies of the Legislative Assembly Sverdlovsk region are elected on the basis of a majoritarian system of relative majority in single-mandate constituencies, and the other 25 are elected on the basis of a proportional system according to lists of candidates from electoral associations.
Some authors highlight the so-called qualified majority electoral system, meaning that when using this type of electoral system, the winner is the candidate for whom at least 2/3 of the voters voted. However, this type of electoral system is not used in the Russian Federation, since, as noted above, the absolute majority majoritarian electoral system does not require any specific majority to recognize a candidate as elected. It is important that the candidate receives more than half of the votes.
- In accordance with election legislation, the number of voters who took part in voting is defined as the number of voters who not only received ballot papers (both inside the voting premises and outside the voting premises), but also placed these ballots in ballot boxes.
- See: Materials of the Election Commission of the Municipal Formation "Ekaterinburg City".
electoral process elections
In modern legal literature there is no single point of view on the concept of “electoral system”. Some understand it as the totality of actual social relations that arise in the process of organizing and holding elections, the relationship between voters and deputies, others understand the electoral system as the procedure for determining election results.
Electoral law is a combination of: electoral law (legal norms establishing the rights of citizens to elect and be elected to government bodies) and the procedure for determining election results. Consequently, the right to vote and the procedure for calculating election results are components electoral system. Thus, the electoral system becomes a system, since it consists of an ordered system of a set of elements and institutions: legal norms and the procedure for determining election results. This gives us a definition of the electoral system in a broad sense. In a narrow sense, this is the procedure for determining the election results.
In this case, the electoral system should be considered as technical and procedural norms that make it possible to objectively determine the election results.
The sources of the electoral system are: The Constitution of the Russian Federation "The Constitution of the Russian Federation" Russian newspaper", No. 237, 12/25/1993.; federal laws: "On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation" Federal Law of June 12, 2002 No. 67-FZ "On the basic guarantees of electoral rights and the right to participate in referendum of citizens of the Russian Federation" (as amended on July 22, 2008) // "Collection of Legislation of the Russian Federation", 06/17/2002, No. 24, Art. 2253., "On the election of the President of the Russian Federation" Federal Law dated January 10, 2003 No. 19-FZ " On the elections of the President of the Russian Federation" (as amended on July 24, 2007) // "Collection of Legislation of the Russian Federation", January 13, 2003, No. 2, Art. 171. "On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation" Federal Law dated May 18, 2005 No. 51 -FZ "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation" (as amended on July 24, 2007) // "Collection of Legislation of the Russian Federation", May 23, 2005, No. 21, Art. 1919., "On the formation of the Federation Council of the Federal Assembly of the Russian Federation" Federal Law dated 08/05/2000 No. 113-FZ "On the formation of the Federation Council of the Federal Assembly of the Russian Federation" (as amended on 07/21/2007) // "Collection of Legislation of the Russian Federation", 08/07/2000, No. 32, Article 3336., Constitutions of republics, charters, laws of subjects RF on elections to representative bodies of state power and local self-government bodies.
Types of electoral systems in the Russian Federation
Depending on the procedure for determining election results, electoral systems are usually divided into two types: majoritarian and proportional.
A majoritarian system is a system in which the candidate who receives the statutory majority of votes is considered elected. It is the most common in elections and practically the only one possible in the election of one official (president, governor, etc.). If it is used for elections of a collegial government body (chamber of parliament), single-mandate electoral districts are created, i.e. in each of them one deputy must be elected.
The majoritarian system has variations, determined by different requirements for the size of the majority of votes required for election. The simplest version is the relative majority system, in which the candidate who receives more votes than any of the other candidates is elected. This system is used on parliamentary elections and in Russia. It is often used in local elections. Under this system, the more candidates running for one seat, the fewer votes required to be elected. In Russia, it is stipulated that elections to government bodies are recognized by the relevant election commission as invalid if less than 20% of the number of voters included in the voter lists took part in them.
This minimum percentage may be increased for elections to federal government bodies and government bodies of constituent entities of the Russian Federation. Federal Law "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation" Federal Law of May 18, 2005 No. 51-FZ "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation" (as amended on July 24, 2007) // "Collection of Legislation of the Russian Federation", May 23, 2005, No. 21, art. 1919. raised the specified minimum to 25%. In addition, to win elections in a single-member constituency, a candidate must have a relative majority greater than the number of votes cast against all candidates. Otherwise, the elections will be declared invalid.
The absolute majority majority system is a system in which a candidate must receive more than half the votes (50% + 1 vote) to be elected. The basis for counting is usually the total number of votes cast. Under an absolute majority system, the more candidates there are in a constituency, the less likely it is that any of them will receive an absolute majority of the votes. Therefore, elections under this system often turn out to be ineffective.
Ineffectiveness is overcome by re-balloting candidates who have collected a certain share of votes. This is the so-called second round of elections (re-voting). Federal Law "On the Election of the President of the Russian Federation" Federal Law of January 10, 2003 No. 19-FZ "On the Election of the President of the Russian Federation" (as amended on July 24, 2007) // "Collection of Legislation of the Russian Federation", 01/13/2003, No. 2, Art. 171. provides for re-balloting of the two candidates who received the largest number of votes in the first round. A relative majority of votes is sufficient for election in the second round. In Russia, the two-round electoral system is used in the elections of the highest officials(heads of executive power) of the constituent entities of the Russian Federation and sometimes in municipalities.
Proportional system (proportional representation of parties and movements). Under this system, each party receives a number of seats in parliament proportional to the number of votes cast for its candidates in the elections. Voting under the proportional system is carried out in multi-member constituencies in which lists of candidates nominated compete against each other. political parties and movements. The voter chooses not between individuals, as in a majoritarian system, but between parties (movements) and votes for a list of candidates.
The proportional system gives rise to political fragmentation of parliament, i.e. the appearance of many small fractions, which prevents constructive work parliament. To avoid this, a selective threshold is introduced, i.e. a minimum percentage of votes is established that a party list of candidates must collect to participate in the proportional distribution of mandates. The Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” establishes that federal lists of candidates are allowed to distribute mandates, each of which received seven or more percent of the votes of voters who took part in voting in the federal electoral district, provided that such lists there were at least two and for all these lists more than 60% of the votes of voters who took part in voting in the federal electoral district were cast in total Nudnenko P.V. On the issue of defining the concept of the electoral system / P.V. Nudnenko // “Constitutional and municipal right". - 2009. - No. 5..
In this case, other federal lists of candidates are not allowed to distribute mandates. But, if for the federal lists of candidates who have overcome the seven percent barrier, a total of 60% or less percent of the votes were cast, the lists of candidates that collected less than 7% of the votes are allowed to distribute mandates sequentially in descending order of the number of votes received, until the total number of votes exceeds in total 60% of the votes.
The distribution of mandates under a proportional system occurs according to a certain method provided for in Art. 3 Federal Law "On elections of deputies of the State Duma Federal Assembly Russian Federation". The law includes changes in the procedure for determining the results of elections according to party lists in federal district. A significant point was the increase in the electoral threshold for the passage of candidates from an electoral association from 5 to 7% of the votes.
Semi-proportional systems. This system unites systems that, being based on the majoritarian principle, i.e. While requiring a majority vote for election, they still provide some opportunity for representation to a minority of voters. This is achieved by using a limited vote, in which the voter votes not for a number of candidates equal to the number of deputies to be elected from the constituency, but for a smaller number. Under this system, a party in a multi-member constituency does not nominate a list of candidates running as a single entity, but rather individual candidates. The voter votes for only one candidate, although several deputies must be elected from the constituency. Candidates who receive the largest number of votes are considered elected.
Cumulative vote belongs to the same group of systems. A voter, for example, has three votes, which less number deputies from a given constituency, but he can dispose of his votes in three ways: either give them all to one candidate, or give two votes to one candidate and the third to another, or distribute one vote each to three candidates. The system is considered suitable for small electoral units in which voters know their candidates well and their political affiliation is known to voters of great importance does not have Prudnikov A. Electoral law / A. Prudnikov, K. Gasanov. - M. - 2010. P. 416..
Single transferable vote system. This system makes it possible to combine personal choice with ensuring proportional representation of parties. However, it is difficult in terms of determining the election results. The essence of the system is as follows. In a multi-member constituency, candidates are nominated in the same order as in the single non-transferable system, i.e. Each party may nominate as many candidates as it deems necessary, and independent candidates are permitted. The voter acts as in a majoritarian system with alternative voting, i.e. Against the name of the desired candidate, he notes his preferences (preferences), indicating in numbers 1, 2, 3, etc., who he wants to see elected first, and who second, etc. When determining the results of votes, the initial votes received by candidates in the first preference are counted. If no one receives an absolute majority of votes, then the votes cast for the least successful candidate are transferred to other candidates, and he himself is excluded from further counting. This procedure continues until a candidate receives the required majority of votes. The main advantage of the system is that it ensures the effectiveness of elections and eliminates the need for a second round or re-balloting Shevchuk D. A. Electoral law and process in the Russian Federation / D. A. Shevchuk. - M. - 2011. P. 384..
Mixed electoral systems. A mixed electoral system is said to exist if different systems are used in the elections of the same representative chamber. At the same time, they strive to combine the advantages various systems and, if possible, eliminate or compensate for their shortcomings. In Russia mixed system used until 2003 in the elections of deputies to the State Duma of the Federal Assembly. 225 deputies were elected in single-mandate electoral districts using a majoritarian system of relative majority, and the other 225 deputies were elected in a federal electoral district using a proportional system, and the determination of the election results of the second half of the deputy corps is in no way connected with the results of the elections of the first half. Candidates who also ran in single-mandate constituencies, if elected there, are excluded from the federal lists.
The use of a similar system is also provided for in elections to legislative bodies of state power of the constituent entities of the Russian Federation. The Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation” established that at least half of the deputy mandates in the legislative (representative) body of state power of a constituent entity of the Russian Federation, or in one of its chambers, are distributed between lists of candidates nominated by electoral associations , electoral blocs, in proportion to the number of votes received by each of the candidate lists Vedeneev Yu. A. Development of the electoral system of the Russian Federation: problems of legal institutionalization / Yu. A. Vedeneev // “Journal Russian law" - 2009. - No. 6.v.