Legal control of elections in the Russian Federation in the context of state security provision

                                                                                    

     Freedom of democratic elections and effectiveness of activities aimed at organizing and holding elections as key points of the state security in the Russian Federation define constitutional order stability, good political atmosphere in the country and people’s confidence in state institutions.

    Interrelationship between electoral process and promotion of state security are defined by social and political importance of elections in people’s power system as well as by importance of elections for the security of constitutional order, territorial integrity and sovereignty of Russia.

   Firstly, holding of free and regular elections is the guarantee of reproduction and succession of state power and local administration.

    Secondly, elections can be used as the legal way for representatives of extremist-orientated political parties to come to power. This can also be used by leaders and members of organized crime groups longing to push their people forward into organs of state power.

    Thirdly, elections give chances for political views and programs promulgation. Elections help extremist-orientated organizations take part in public events.

    In the fourth place, elections as a rule are widely highlighted by mass media, so any illegal infringement on promotion of state security given under cover of opposition activities usually acquires great stir among the public.

    Finally, during elections period subjects of electoral rights in order to agitate people use techniques of public opinion formation  and some of them can ruin  state security interests.

    At present legal basis of elections control in the Russian Federation is represented by Constitution of the Russian Federation, Federal Laws “About election of the President of the Russian Federation”, “About election of members of State Duma of the Federal Assembly of the Russian Federation”, the Criminal Code, Administration Violations Code and other regulatory legal acts.

    Let us consider legal control of organizing and holding elections from the point of providing security of state.

    According to law, electoral campaign begins from the moment when the decision to define the date of elections is officially published. The question of suspension or cancel of assigned elections is directly connected with the level of the country security. In case of emergency in order to provide security of constitutional order and citizens, restrictions of rights and liberties must be imposed. Time interval and limits of restrictions must be specified too. Elections can also be suspended.

    Legal control of constituencies and polling stations formation is of great importance because in the process of shaping constituencies possible plots can seriously distort electorate’s freedom of expression, can contribute to dispersal of potential rival electorate, can discredit democratic principals and norms of election law and as the result damage state security.

    Election committees are of great importance for organizing and holding elections. Both legitimacy of elections and adherence by members of committees to election rights of citizens depend on the lawfulness of committees creation and impartiality of their activities.

    During the period when candidates are put forward and registered, activities of organized crime can pose serious threat to security of the Russian Federation. Organized crime wants its members to get elective posts. That is why we must put under tough legal control counteraction of organized crime penetration into government and suppression of possible electorate bribery during signatures collection aiming at certain candidates support.

    The stage of canvass and election propaganda must be also taken into consideration. The Russian Federation legislation prohibits creation of political parties and public associations and their activities that promote any strong-arm methods during elections period. Such constitutional restraint during canvass and propaganda period is provided by acts of Criminal Code, Civil Code and other acts specifying organizing and holding of elections.

    Legal control of elections organizing and holding has the aim to provide legitimacy of election campaign financing: during elections period candidates and political parties can have currency and property transactions to launder proceeds from crime.

    The cases when special mechanisms are used to falsify elections results are of our great concern because they can threaten state security.

    In conclusion we must say that security of state during elections period can be achieved if all authorized state bodies, non-governmental organizations and citizens will cooperate. Also necessary communications work must be held. Elections process will be legitimate and democratic only under conditions of united work between election committees, political parties, mass media, law enforcement agencies, bodies of state power, local governments, election candidates, their agents and electorate itself.

 

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