The history of formation and development of the institution of election observers in Russia

Abstract

Introduction. Elections are one of the most massive social and political processes in the state. Elections in the state, the mechanism of their organization and conduct are subject to the fundamental principles of electoral law, which are based on publicity and openness of all electoral actions and procedures. Ensuring the transparency of elections is an indicator of the mechanism of interaction between society and the state, as an indicator of democratic development. Accordingly, the task of state bodies is to form the regulatory and legal conditions for the participation of civil society actors in ensuring the openness of the procedure for organizing and conducting voting, as a component of the democratic process of exercising public power in the country. Observers, along with other tools, are built into the mechanism for exercising public control over elections in Russia. Theoretical analysis. The institution of observers in Russia has certain patterns of development, interdependent histories of formation of socio-political institutions and elections in general. As the circle of subjects of electoral legal relations is being transformed, including the nomination and registration of candidates for elective positions, as well as the process of forming election commissions, the circle of persons entitled to participate in the procedure for appointing observers and giving them legal status is also changing. At the same time, the functional role of observers is subordinate to the development of forms and methods of voting in the state and formation of the features of the country’s electoral system, taking into account its historical features. Empirical analysis. The modern development of the legal regulation of the status of observers in Russia is associated with the expansion of the circle of entities that have the right to appoint observers, as well as the list of election commissions in which the subjects in question have the right to exercise powers. This trend is associated with the development of the institution of public control in elections in Russia as a whole. Accordingly, the Federal Law “On the Fundamentals of Public Control in the Russian Federation” began to extend its effect to electoral legal relations, and, as a result, the subjects of public control have the right to appoint election observers. The range of election commissions in which observers have the right to exercise their functions has expanded to include district and territorial election commissions. At the same time, the terms of reference of observers have remained unchanged, which does not correspond to the trends in the development of their legal status. Results. Taking into account the development of civil society and its institutions in Russia and the increase in their functional role in conjunction with the transformation of the electoral system and information and digital technologies, it is necessary to detail the status of observers depending on their participation in the work of election commissions of various levels and forms of voting, including multi-day voting. The terms of reference of an observer cannot be identical, taking into account the nature and specifics of work in district, territorial and precinct election commissions. Voting within a few days creates prerequisites for empowering observers with additional powers, taking into account the need to ensure the safety of ballots and implement additional forms of voting.

Keywords

• elections
• voting
• multi-day voting
• public observation
• public control
• observer
• election commissions
• political party
• public association
• public chamber