DOI: 10.7256/2454-0706.2017.4.20584

Abstract: The subject of this research is the separate constitutional legal aspects of implementation of the proportional electoral system at municipal elections. An acute discussion takes place within the academic community regarding the questions of foundation, circumstances, and limits of application of the aforementioned electoral system at local level, the participants of which hold diametrically opposed points of view. At times, there is doubt the very possibility of implementation of such electoral system at local level due to its probable discordance with the character of local self-governance, as well as inability to accommodate within the framework of representative body the maximally possible range of interests of the local society. At the same time changes in legislative base, which regulates the order of application of the proportional electoral system at local elections that took place over the recent years, carried the pronounced multidirectional character that often does not have a sufficient conceptual substantiation. The article provides a brief overview of the process of establishment of the proportional electoral system as a channel for formation of public authority at the local level; gives characteristic to its modern status; as well as analyzes the legislative base alongside corresponding legal positions of the Constitutional Court of the Russian Federation. The main conclusion of this work consists in the formulated criteria that are based on the legal positions of the Constitutional Court of the Russian Federation, and determine the admissibility of implementation of the proportional electoral system at the local level, as well as possible directions and specific measures aimed at improving the Russian model of application of proportional electoral system at the municipal elections.  

DOI: 10.7256/2454-0684.2017.4.22764

Abstract: The subject of this research is the participation of the local branches of political parties in municipal elections in cases when such elections take place in accordance with the proportional electoral system, and the local branches participate in it by putting forth the lists of candidates. Among all of these types of electoral associations with the right to nominate the candidates at the municipal elections, the local branches of political parties hold a special place. Being the closest to population structural subdivisions of political parties, the local branches are called to take active part in the municipal elections; however, namely due to their participation in the election, the law enforcement practice faced the majority of issues, which yet to not have an unambiguous legislative resolution. The method of the research leans on the analysis of the legal norms contained in legislative acts of the Russian Federation and its constituents, examination of the law enforcement practice, associated with participation of the branches of political parties in the local elections. The author determines the factors that are capable of creating the circumstances for violation of the rights of citizens and their associations regarding the participation in elections, as well as formulates the key ways of resolution of the assigned problems.

DOI: 10.7256/2454-0706.2017.4.43000

Abstract: The subject of this research is the separate constitutional legal aspects of implementation of the proportional electoral system at municipal elections. An acute discussion takes place within the academic community regarding the questions of foundation, circumstances, and limits of application of the aforementioned electoral system at local level, the participants of which hold diametrically opposed points of view. At times, there is doubt the very possibility of implementation of such electoral system at local level due to its probable discordance with the character of local self-governance, as well as inability to accommodate within the framework of representative body the maximally possible range of interests of the local society. At the same time changes in legislative base, which regulates the order of application of the proportional electoral system at local elections that took place over the recent years, carried the pronounced multidirectional character that often does not have a sufficient conceptual substantiation. The article provides a brief overview of the process of establishment of the proportional electoral system as a channel for formation of public authority at the local level; gives characteristic to its modern status; as well as analyzes the legislative base alongside corresponding legal positions of the Constitutional Court of the Russian Federation. The main conclusion of this work consists in the formulated criteria that are based on the legal positions of the Constitutional Court of the Russian Federation, and determine the admissibility of implementation of the proportional electoral system at the local level, as well as possible directions and specific measures aimed at improving the Russian model of application of proportional electoral system at the municipal elections.