ELECTORAL POLICY IN RUSSIA: STAGES OF DEVELOPMENT, MAIN SUBJECTS, PROSPECTS (1989 - 2004)

Makhova Anna Vasilievna

post-graduate student of Federal State Institution of Higher Professional Education "Southern Federal University", Rostov-on-Don

Most modern researchers consider electoral politics one of the most important tools for achieving political consensus, ensuring the legitimate succession of power, as well as a means of stabilizing public life and preventing political extremism. It is a well-thought-out state policy in the field of regulation of the electoral process that can ensure the creation of conditions for holding democratic elections and the formation of power structures that meet the needs of society. The analysis of various aspects of the Russian electoral policy is devoted to the work of many researchers (V. Gelman, Ya. Plyays, O. Krasilnikova and a number of others).

The purpose of this article is to trace the stages in the development of Russia's electoral policy, to identify the main actors who participated in its formation in the period from 1989 to 2004, to determine the degree and forms of their participation in the process of developing its key directions. In the development of electoral politics in the chronological framework of the study, the following stages can be distinguished:

I.Late 80s - early 90sXXV.- modernization of the Soviet electoral legislation and the beginning of the formation of the electoral system in modern Russia. On March 26, 1989, the first competitive elections on a national scale took place in Russia - elections for the Congress of People's Deputies of the USSR. Wave of elections 1989-1991 created a field of electoral competition. In the post-Soviet period, the political struggle between the President and the Russian Parliament in 1992-1993. led to a renewed debate about electoral legislation. Both sides pursued their own interests in using the electoral law, first of all, as a tool in the struggle for their political survival. Thus, the conflict of elites lay at the center of electoral politics during this period, the choice of the electoral system was not the result of an agreement between political actors, although in general a high level of compliance with democratic standards was ensured.

II.1993 to 2000: a) 1993-1997- registration of the frame electoral legislation of Russia. The foundations of the electoral system of the Russian Federation were formed as a result of a large-scale reform that began with a popular vote on December 12, 1993 on the new Constitution of Russia. Its feature was the absence of a separate chapter on the electoral system. For two years of work, the State Duma of the first convocation adopted the main laws regulating the electoral process, and, above all, the framework law "On Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation." A characteristic feature of the stage was the coalition principle of the work of the CEC of Russia and the parliament on the creation of electoral legislation. Thus, to work on the law "On the Election of the President of the Russian Federation", a special commission was created, the composition of which was determined by the chairman of the CEC of the Russian Federation and the leaders of both chambers of the Federal Assembly. On the whole, attempts by interest groups (including the President, federal executive power, and regional elites) to change the norms enshrined in the Constitution of the Russian Federation failed in the process of adopting electoral laws in the Russian parliament. The creation in the State Duma of a temporary coalition of supporters of the mixed electoral system prevented its possible changes. As a result, with minor changes, it has been preserved for three electoral cycles. Thus, for the first time, the main actors reached a compromise on the formal rules of the struggle for power. In this light, the electoral reform was no less significant for democratization in Russia than the election results.

b) In 1997-2000 gg. The process of systematization of the electoral legislation at the federal level was started. In 1997, a new significantly expanded “framework” law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” was adopted. Amendments to the electoral legislation in 1997-1999, as well as the fundamental decision of the Constitutional Court of the Russian Federation on the constitutionality of the Russian electoral legislation (November 1998), legitimized the choice of the electoral system in Russia. The decision-making process on the main directions of electoral policy at this stage included "bargaining" between parliamentary factions and non-party actors (including the President and the Federation Council). Achieving a compromise was the result of attempts by competing subjects of electoral politics to maximize their opportunities to achieve electoral success in conditions of high uncertainty and understanding the need for elections as the main mechanism for a change of power. This choice was of fundamental importance for the stabilization of the electoral system.

In general, the following characteristic features of the stage under consideration can be distinguished: 1. The equal principle of participation in the work on the electoral legislation legislation). 2. All deputy initiatives came from specialized committees, introduced as a bill on behalf of a large group of deputies. 3. The adoption of decisions on possible changes in the current electoral legislation was accompanied by broad socio-political discussions and parliamentary hearings (for example, in February 1997, the first parliamentary hearings were held on the topic: “Main directions for improving the electoral legislation in the Russian Federation”; in October 2000 the second hearing was held: “On the improvement of the electoral legislation”). 4. Quite independently at this stage, such a subject of electoral politics as legislators in the representative bodies of power of the constituent entities of the Russian Federation manifests itself.

III. From 2001 to 2004. - the beginning of the unification of electoral legislation. As in previous years, held in 1999-2000. The next cycle of elections to federal and regional authorities revealed many shortcomings of the electoral legislation and gave impetus to its further development. In October 2000, the CEC of Russia published a report "On the Development and Improvement of the Legislation of the Russian Federation on Elections and Referendums", which presented the program of its legislative initiatives. The first step in the implementation of this program was the adoption in July 2001 of the law "On Political Parties". The next step was the preparation of a draft of a new version of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation." Chairman of the CEC of Russia A.A. Veshnyakov declared that the main task was not "filling in obvious gaps in the legal regulation of the electoral process", but "improving" the legislation, eliminating legal and technical inaccuracies." The working group on the bill included deputies of the State Duma and representatives of the CEC of the Russian Federation. More than 2,500 amendments were submitted to the draft. The decisions of the Constitutional Court of the Russian Federation also had a significant impact. On August 31, 2004, the CEC of the Russian Federation adopted a note “On the practice of holding federal elections, elections to state authorities of the constituent entities of the Russian Federation in 2002-2004. and proposals for amending and supplementing certain provisions of the legislation of the Russian Federation on elections and referendums. The note contained a large number of proposals for changing the electoral legislation. However, on September 13, 2004, the President of the Russian Federation unambiguously spoke in favor of a transition to a fully proportional system. At the same time, it was proposed to abandon direct elections of heads of subjects of the Federation and switch to their approval by regional legislative bodies on the proposal of the President of the Russian Federation. A number of proposals by the Central Election Commission of the Russian Federation were not supported by the deputy majority, a number of proposals were revised - mainly in the direction of tightening.

Thus, a large-scale reform of the electoral legislation was carried out. Characteristic features of this stage: 1. Undermining the real influence on the most important political decisions of such formal political institutions as parties, parliament. Their role in the new conditions turned out to be reduced due to the strengthening of informal practices of administrative mobilization of voters. 2. Monocentrism (the presence of a dominant actor whose goals are not able to interfere with all others taken together), which resulted in the implementation of all changes under the auspices of the President of the Russian Federation and the "party of power". 3. Most of the adopted legislative novels are practically not discussed by the public and experts.

So, in the period under review, in the process of developing electoral policy, to one degree or another, its subjects defended their own interests, which can be classified into the following groups: 1. Public interests (ensuring real representation of the interests of various social groups in elected authorities); 2. Corporate interests (ensuring the continuity of the course, stabilizing the socio-political situation, etc.); 3. Personal interests (providing conditions for the preservation of personal power resources). After analyzing the development of Russian electoral politics within the chronological boundaries under consideration, two vectors of its direction can be distinguished. The first (1989-2000) - democratization: the equal principle of participation in the work on the electoral legislation of the main subjects of electoral politics; holding broad socio-political discussions and parliamentary hearings, recognition of international principles for organizing and holding elections, etc. The second vector of development (since 2001) is a gradual departure from the use of democratic mechanisms: a significant increase in the role of the “party of power”, curtailment of public discussions and, as a result, increased political apathy and unwillingness of voters to participate in elections. Bottom line: changes in electoral politics are not so much the result of the political activity of the main subjects of electoral politics, but the result of the efforts of the state, focused on creating a controlled political space.

Bibliography:

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Makartsev A.A., PhD in Law, Deputy Dean of the Faculty of Law, Siberian University of Consumer Cooperatives.

The article formulates the concept of electoral politics, which is an integral part of the legal policy of the Russian state, defines the main directions of the law-making form of its implementation. Based on the analysis of the current Russian legislation, it is concluded that there is no clear electoral policy strategy in the Russian Federation aimed at creating effective mechanisms for the legal regulation of electoral relations.

Key words: legal policy, electoral politics, lawmaking.

In the article the notion of electoral politics is formulated, which is a part of the legal policy of the Russian state, the main directions of the law-making forms of its realization are defined. Based on the analysis of the Russian existing legislation, the conclusion is made about the absence of a clear strategy for the Russian Federations electoral policy that could be aimed at creating effective legal regulations of electoral relations.

In connection with the increasing role of law in the life of modern Russian society, the relevance of studying problems related to the mechanisms for implementing legal policy designed to manage the processes of the country's legal development is increasing. An important component of the legal policy in a particular state is the policy in the field of electoral law - electoral politics, which can be understood as legally established in accordance with the Constitution of the Russian Federation and the national legal doctrine, the political and legal activities of state and municipal authorities, social structures, aimed at development and implementation of strategies and tactics in the field of legal regulation in the field of electoral relations.

Currently, the law-making direction of legal policy has received active development, which is a form of its implementation, and is embodied in the adoption, amendment and abolition of normative legal acts.<1>. This is a consequence of the fact that in modern Russia legal policy, with all the variety of its characteristics and definitions, is understood and perceived in society primarily as a law-making policy.<2>. It is active lawmaking that determines the direction and strategic foundations of electoral politics, makes it possible to transfer the electoral right, which, according to Russian jurists, is a sub-branch of the constitutional law of Russia<3>into a legal entity of a higher level of organization - into an independent branch of Russian law<4>.

<1>Malko A.V. Preferential incentive legal policy. St. Petersburg: Legal Center Press, 2004. P. 16.
<2>Russian legal policy / Ed. A.V. Malko, N.I. Matuzova. M.: Norma, 2003. S. 180.
<3>Avakyan S.A. Constitutional law of Russia. M.: Yurist, 2006. T. 2. S. 162.
<4>Biktagirov R.T., Kinzyagulov B.I. The course of modern electoral and referendum law in Russia: theory, legislation, practice: General part. Ufa: Ufa Polygraph Combine, 2007. Vol. 1. S. 53 - 55.

The defining moment in this process is not so much the number of normative acts as their close connection into a single system. An important tool in achieving this goal can be codification works, which are the fundamental means of formulating normative generalizations in the process of lawmaking. According to S.S. Alekseev, it is precisely as a result of the codification of legislation that a large institution "acquires" institutions and norms of other industries, they are harmonized, a certain convergence leads to the emergence of unity.<5>.

<5>Alekseev S.S. The structure of Soviet law. M.: Yurid. lit., 1975. S. 227.

The codification of electoral legislation is one of the ways to improve it in many CIS countries. Thus, it is noted in the literature that the adoption of the Electoral Code of the Republic of Belarus of February 11, 2000 was aimed at eliminating the contradictions of the electoral legislation and its further development.<6>. The development of the Electoral Code of Ukraine in the future would make it possible to unify general regulatory and procedural norms<7>.

<6>Maslovskaya T.S. Constitutional law of the Republic of Belarus. Minsk: TetraSystems, 2012, p. 91.
<7>Chub E.A. Constitutional Foundations of the Principle of Adequate Representation and Political Rights of Citizens // Constitutional Development of Russia and Ukraine: Sat. scientific works. M.: Elit, 2011. Issue. 1. S. 104.

In post-Soviet Russia, proposals have repeatedly appeared on the adoption of an All-Russian codified act regulating electoral relations. In September 2000, at a scientific and practical conference in Pyatigorsk, A.A. Veshnyakov, who at that time was the chairman of the Central Election Commission of Russia, made a proposal to adopt the Electoral Code of Russia at the federal level<8>. Later, however, he refused the proposal, but purely for reasons of expediency - in connection with the duration of the procedure for considering the code in the State Duma and the proximity of the next elections. Member of the Central Election Commission E.I. Kolyushin argues that it is expedient to codify the list of citizens' electoral rights "primarily in the Electoral Code of the Russian Federation, and not only through guarantees of electoral rights"<9>.

<8>Veshnyakov proposes to develop an electoral code // Nezavisimaya Gazeta. 2000. September 16. C. 2.
<9>Kolyushin E.I. Problems of formation of the electoral system // Modern problems of constitutional and municipal law: the experience of Russia and foreign countries: Sat. mat. int. scientific conf. / Rev. ed. S.A. Avakyan. M.: ID RoLiKS, 2010. S. 282.

The relevance of the issue of preparing and adopting a new framework electoral law, which may be the electoral code, is increasing at the present time. This is a consequence of the fact that the changes that have been made in recent years to the electoral legislation do not fully fit into the Russian electoral system, the foundations of which were determined at the beginning of the last decade by the Federal Law of June 12, 2002 N 67-FZ " On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation"<10>.

<10>Collection of laws of the Russian Federation. 2002. N 24. Art. 2253.

A sufficiently large number of amendments made to the electoral legislation in recent years has led to the fact that not all of its provisions are fully consistent with each other. In particular, according to the amendments made by Federal Law No. 157-FZ of October 2, 2012 "On Amending the Federal Law "On Political Parties" and the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation "<11>precinct election commissions are permanent and are formed for five years. At the same time, in Art. 66 of the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", which regulates the procedure for voting outside the voting premises, it is noted that applications for voting outside the voting premises can be submitted to the precinct commission at any time after its formation. In our opinion, when securing the status of a precinct election commission as a permanent one, it is necessary to link the beginning of the period for filing the said application with the decision of the relevant body or official to call the relevant elections.

<11>Collection of legislation of the Russian Federation. 2012. N 41. Art. 5522.

It should be noted that there is an ambiguous attitude towards codified acts in legal science, including codification in the field of electoral legislation. On the one hand, the main criteria of the codes are high legal integrity and internal consistency, stability and stability of the norms contained in them, which facilitates the process of amendments. Changes are made not to several laws regulating various types of elections, but to the code that replaced them. For example, the now inactive Electoral Code of the Sverdlovsk Region, which entered into force on December 1, 1997, repealed thirteen regional laws regulating the relevant electoral relations in the region<12>.

<12>Law of the Sverdlovsk Region of December 5, 1997 N 73-OZ "On the Enactment of the Electoral Code of the Sverdlovsk Region" // ATP "Consultant".

On the other hand, there is a point of view that the creation of separate codified acts regulating relations related to elections only complicates law enforcement activities. Possible internal inconsistency of the norms of such acts. The adoption of electoral codes both at the federal level and at the level of a constituent entity of the Russian Federation makes it possible to duplicate or violate federal legislative competence, since the form of the code is not always adequate to the nature and scope of the relations it regulates<13>.

<13>Tikhomirov Yu.A. Legal regulation: theory and practice. Moscow: Formula of Law, 2010, p. 271.

In our opinion, at present, codification in the field of electoral law will not be able to achieve a comprehensive coverage of the legal regulation of electoral relations. This is determined by the complex nature of Russian electoral law, the norms of which are closely related to various branches of Russian law. Despite this, the adoption of the electoral code will make it possible to structure in one act the foundations of modern Russian electoral legislation, which has undergone significant changes in recent years, and to systematize the principles of electoral law that have not been fully reflected in it. The confirmation of the latter may be the consolidation in Art. 9 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" principles of mandatory and periodic elections, but the lack of mention of them in Art. 3 "Principles for holding elections and a referendum in the Russian Federation" of this Law. Systematization of the principles of law, which are closely related to the principles of legal policy<14>, will allow to determine the priority directions of the law-making form of implementation of electoral politics, which is a "process of continuous improvement of the current law in the light of legal principles"<15>.

<14>Mazurenko A.P. Law-making policy as a factor in the modernization of law-making in Russia: Abstract of the thesis. dis. ... Dr. jurid. Sciences. Saratov, 2011. P. 27.
<15>Putilo N.V. Legal Policy of a Modern Democratic State / Sociology of Law // Ed. V.M. Raw. M., 2001. S. 137.

In the last decade, one can observe examples of the fact that when in the field of electoral lawmaking the boundaries outlined by the principles of electoral law stand in the way of the legislator, he removes the reformed relations from the electoral structure. A striking evidence of this is the adoption of the Federal Law of December 11, 2004 N 159-FZ "On Amending 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 "and the Federal Law" On Basic Guarantees electoral rights and the right to participate in a referendum of citizens of the Russian Federation"<16>, which abolished the direct election of the highest official of the constituent entity of the Russian Federation, which led to the deprivation of citizens of the right to directly elect the head of the executive branch of the region. Such an approach allows us to talk about the possibility of reforming the system of replacing the position of the highest official of a constituent entity of the Russian Federation in any direction that the leadership of the state determines for itself as a priority.

<16>Collection of legislation of the Russian Federation. 2004. N 50. Art. 4950.

This conclusion is also confirmed by the return to the system of direct election of the highest officials of the constituent entities of the Russian Federation.<17>which includes elements of representative democracy. In particular, the nomination of a candidate for the position of head of the executive power of a constituent entity of the Russian Federation by a political party and the nomination by way of self-nomination must be supported by 5 to 10 percent of the deputies of representative bodies and (or) the heads of municipalities of the constituent entity of the Russian Federation elected in municipal elections. The procedure for collecting signatures among deputies and heads of municipalities differs significantly from the collection of signatures of voters provided for other elections. The collection of signatures in support of the nomination is part of the election campaign and provides for the possibility of personal contact between the candidate, his representatives and persons among whom the collection of signatures is carried out. If a candidate nominated by a political party has the opportunity to meet with elected officials of local self-government representing this political party, self-nominated candidates will not have such an opportunity.

<17>Federal Law No. 40-FZ of May 2, 2012 "On Amendments to the Federal Law "On the General Principles of Organizing Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" and the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate" in the referendum of the citizens of the Russian Federation" // Collection of Legislation of the Russian Federation. 2012. N 19. Art. 2274.

The novelty of the Russian electoral system is also enshrined in the Federal Law of October 6, 1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation"<18>the right of the President of the Russian Federation, on his own initiative, to hold consultations with political parties nominating candidates for the position of the head of the highest executive body of state power of a constituent entity of the Russian Federation, as well as with candidates nominated by self-nomination. In our opinion, the provision initially lays down the possibility of violating the principle of equal suffrage: in relation to some electoral associations and candidates, the head of state can exercise his right, in relation to others - not. It should also be noted that the optional nature of this stage of the electoral process for the election of the head of the subject does not make significant changes to the scope of powers of the President of the Russian Federation, who previously, as the head of the Russian state, had the right to initiate consultations with any participants in the political process.

<18>Ros. gas. 1999. No. 206.

In the context of considering the problem of forming a strategy for the further development of electoral politics, the draft law proposed for public discussion "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" deserves special attention.<19>. According to him, a feature of the election campaign for the election of the highest official of a constituent entity of the Russian Federation could be that, following its results, the position of the head of the highest executive body of state power of a constituent entity of the Russian Federation and the parliamentary mandate in the upper house of the federal legislative body would be replaced. An analysis of the draft law allows us to express the opinion that it provided for the combination in the procedure for empowering a member of the Federation Council - a representative from the executive body of state power of a constituent entity of the Russian Federation, elements of representative and direct democracy. On the one hand, during the election of the highest official of a constituent entity of the Russian Federation, each candidate nominated for this position submits to the relevant election commission three candidates for the position of a member of the Federation Council of the Federal Assembly of the Russian Federation. On the other hand, when voting for a candidate for the position of the head of the highest executive body of state power of a constituent entity of the Russian Federation, the voter is also entitled to vote for one of the candidates submitted by this candidate for empowerment of a member of the Federation Council. According to the bill, a candidate member of the upper house of the Russian Parliament, which gains the largest number of votes, in the event that the candidate who presented him is elected to the post of head of the executive power of a constituent entity of the Russian Federation, will be endowed with the powers of a member of the Federation Council - a representative of the executive body of state power of the constituent entity of the Federation.

This approach was not developed in the draft Law "On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation"<20>submitted on June 27, 2012 by the President of the Russian Federation to the State Duma. The draft is limited to the obligation of a candidate for the position of head of the executive branch of a constituent entity of the Federation to submit to the relevant election commission three candidates for the position of a member of the Federation Council, one of whom, if the candidate who presented him, is elected, will be vested with the powers of a member of the upper house of the Russian Parliament.

Consideration of the implementation of the law-making form of electoral politics is closely related to the strategy of law-making in the field of fixing the means of ensuring the implementation of subjective suffrage. Changes made to the electoral legislation in recent years have outlined an increase in imperative principles that do not give ordinary Russian citizens even the minimum opportunity to choose options for their behavior, and are aimed at turning the domestic electoral system into a process with a predictable result. This approach confirms the conclusion of A.N. Kokotova on the distrust of the authorities towards the population: "The presumption of distrust of the authorities towards the participants in the elections is one of the reasons for the growing absenteeism, the distrust of citizens in the effectiveness of the institution of elections"<21>.

<21>Kokotov A.N. Confidence. Mistrust. Right. M.: Yurist, 2004. S. 159.

Some exceptions can be considered implemented legislative initiatives regarding the reduction in the number of members of political parties from forty thousand members to five hundred members.<22>and the exemption of political parties from collecting signatures of voters in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation, to state authorities of the constituent entities of the Russian Federation and local governments<23>. But such a liberalization of law-making policy in relation to the legal status of political parties is quite controversial. In our opinion, this law will lead to the creation of all-Russian political parties, consisting of a small number of members. These political associations will not have the support of the majority of the population, but will have the right to nominate candidates (lists of candidates) in almost all elections. At the same time, it should be noted that this will lead to a fragmentation of the party system in Russia, which, in our opinion, is not always a positive development.

<22>Federal Law of April 2, 2012 N 28-FZ "On Amendments to the Federal Law "On Political Parties" // Ros. Gas. 2012. April 4.
<23>Federal Law No. 41-FZ of May 2, 2012 "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Exemption of Political Parties from the Collection of Signatures in the Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation, to State Authorities of the Subjects of the Russian Federation and local self-government" // Collection of Legislation of the Russian Federation. 2012. N 19. Art. 2275.

Summing up, it should be noted that in the Russian Federation there is no clear strategy for the development of a law-making form of electoral politics aimed at creating effective mechanisms for the legal regulation of electoral relations, which, in turn, leads to negative results. The institutions and norms of the electoral law are adopted without a definite system, a unified concept, counting on ideal situations in law enforcement. The modernization of the Russian electoral law cannot be based on controversial electoral legislation that does not have a high level of legitimacy.

One of the main areas of lawmaking in the field of electoral law could be the development and adoption of the Electoral Code of the Russian Federation, which could structure the foundations of Russian electoral legislation, systematize the principles of electoral law that were not reflected in the current legal framework. This act should contain mechanisms that allow the full implementation of active and passive suffrage.

480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Thesis - 480 rubles, shipping 10 minutes 24 hours a day, seven days a week and holidays

Bogdanova Maria Nikolaevna Russian electoral policy: 23.00.02 Bogdanova, Mariya Nikolaevna Russian electoral policy (Institutional resources and implementation technologies): Dis.... kand. ... cand. polit. Sciences: 23.00.02 Rostov n/D, 2006 173 p. RSL OD, 61:06-23/321

Introduction

Chapter 1. Electoral processes: conceptual and methodological analysis 12

1. The concept and structure of electoral processes 12

2. Electoral processes in the context of the political transformation of Russian society 31

Chapter 2. The Institutional Dimension of Electoral Politics 52

1. Electoral politics: definition, genesis, stages of development 52

2. Political resources and technologies of the Russian electoral space 73

Chapter 3. Modern Russian Electoral Marketing 96

1. Electoral preferences in the electoral process: resource and technological impact 96

2. Institutional strategies for the development of electoral politics and culture 122

Conclusion 147

Literature 151

Introduction to work

The relevance of the topic of dissertation research. Russian statehood is in the stage of a long “post-reform” reconstruction: the basic elements of the political and legal system are being structurized, within which electoral politics plays a central role.

Despite the fact that the system of democratic elections has already become firmly established in Russian reality, the task of broadly involving the population in the process of forming elected bodies of state power has not yet been fully resolved, although optimizing the dialogue between government and society in the electoral context is one of the fundamental tasks that ensure the preservation and sustainable development of the rule of law.

Under the conditions of the transitional period, electoral politics becomes the most important institutional tool, a factor in stabilizing public life and preventing political extremism, an instrument for achieving political consensus that ensures the legitimate succession of power.

In this vein, the logic of the evolution of modern electoral politics involves the transformation of political parties into complex communities with a branched structure and a significant number of members, which cannot be achieved without the use of diverse technologies of ideological management, electoral marketing, and image design.

The upcoming elections to the State Duma of the Russian Federation in 2007, the results of which will predetermine the scenario that ensures the continuity of state power during the presidential elections in Russia in 2008, are a test field for the institutionalization of promising technologies of electoral politics.

Thus, the electoral policy of the Russian parties will have to act as a kind of stabilizer of the country's political system,

і ensuring the representation of the consolidated interests of Russian citizens in public authorities.

Without taking into account the dynamics of the electoral behavior of the population, studying the technological component of election campaigns, as well as without clarifying the existing types of electoral preferences of the population, it is impossible to determine the content of electoral politics and electoral culture as a whole.

In this context, the institutional and political analysis of the specifics of electoral behavior acquires special significance for the development of an adequate development strategy for a country that is on the path of building a civil society.

The degree of scientific development of the problem. An analysis of the scientific literature on the research topic shows that the specifics of electoral processes, the main trends of electoral politics in a transitional society have a significant research tradition within the subject fields of political science, jurisprudence, sociology, psychology, philosophy, politics and political philosophy.

At the same time, it was established that the specificity of electoral politics is due to a specific combination of various factors of its institutionalization: the structure of the electoral legal and political system, technological equipment and resource provision, the properties of the electoral space and the electoral market, the peculiarities of electoral behavior and the actual forms of the electoral culture of the population.

A significant contribution to the study of issues related to the interaction of electoral, electoral and political systems was made by: R. Aron, M. Weber, M. Duverger, K. Popper, F.F. Fukuyama, M. Heidegger, F.A. Hayek and others.

In the works of M.G. Anokhina, T.S. Bolkhovitina, V.L. Gutorova, Yu.A. Vedeneeva, N.A. Emelyanov, A. Leiphart, G.P. Lesnikova, Zh.L. Shabot analyzed the place and role of elections in the formation and functioning of political and legal institutions.

The most prominent Russian scientists devoted their works to the impact of electoral politics on the formation of the liberal-democratic form of the Russian state and society: M.I. Baitin, K.S. Gadzhiev, V.V. Ilyin, M.N. Marchenko, A.S. Panarin, Yu.M. Reznik, Yu.A. Tikhomirov, V.E. Chirkin, G.Kh. Shakhnazarov and others.

Relatively new aspects related to the study of the electoral policy of political parties, the definition of their resource-technological elements, in terms of production are characteristic of the works of foreign authors: K. Bone, D. Lambert, E. Leikman, G. Mayer, A. Nadais, K. It is necessary, P. Orteshu-ka, R. Taagepery and M. Shugart.

The analysis of the technologies of modern mass media and their impact on the electoral choice of the electorate are devoted to the work of Western scientists: P. Bourdieu, T. Peterson, F. Siebert, W. Schramm. The main theoretical approaches to the resourcefulness of electoral politics are reflected in the works of K. Jaspers, J. Habermas, N. Luhmann, C. Munier, A. Schutz, E. Hoffmann, F. de Saussure.

In the domestic version, the political resources of Russian parties became the subject of research by Ya.S. Zasursky, S.N. Korkonosenko, T.K. Musien-ko, E.K. Prokhorova, A.V. Ponedelkova, L.L. Khoperskaya, K.G. Kholodkovsky, V.Yu. Shpak and others. A wide range of political technologies and resources of the election campaign in Russian conditions is updated in the articles by G. Pavlovsky, S.K. Gutsakis, A.V. Filimonova, M.N. Afanasiev, L.V. Kirichenko.

The interpretation of the electoral space, within which electoral marketing technologies operate, as a naturally developing electoral market, is presented in the works of C. Arrow, J. Buchanan, E. Downe, M. Olson, J. Stigler, G. Tulloch.

The features of the functioning of the modern Russian electoral market are devoted to the works of G. Grachev, G. Diligensky, V. Dubitskaya, V. Lapkip, E. Morozova, D. Nezhdanov, V. Pastukhov, S. Pshizova, M. Tararukhina and others.

The stages of studying and adapting to the conditions of Russia the theories and methods of studying the electoral behavior of the population known in countries with a developed democracy became the subject of consideration in the works of G.G. Pocheptsova, V.G. Zarubina, K.G. Kholodkovsky, G.V. Golosova, A.S. Lebets, P.A. Marchenko-va, A.V. Chazova, SV. Chugrov and others.

Thus, in recent years, researchers of Russian political science have begun to show interest not only in the practical aspects of electoral politics, but also in its theoretical understanding, which increases the relevance, scientific, educational and political and practical significance of political science research on the specifics of electoral politics in modern Russia and predetermines choice of topic, object and subject of dissertation research. , Object and subject of research. The object of the study is Russian electoral processes of a multi-level plan.

The subject of the research is the modern Russian electoral politics.

The purpose of the study is an institutional and political analysis of the resources and technologies of party electoral politics in modern Russia. To achieve the goal of the study, the following tasks are solved:

Conceptualize such concepts as: "electoral politics", "electoral processes", "electoral preferences" and "electoral behavior";

Highlight the institutional factors and political features of electoral processes in the context of the liberal-democratic transformation of Russian society;

Specify the institutional resources and political technologies of the Russian electoral space;

Determine the main trends in the transformation of electoral politics and its institutional stages;

Substantiate the institutional dimension of Russian electoral marketing;

Classify the forms of resource-technological impact on electoral preferences in the Russian electoral process;

Give a critical assessment of institutional strategies for the development of electoral politics and culture.

The scientific novelty of the dissertation research lies in the fact that it analyzes the resources and technologies of the electoral policy of political parties in relation to modern conditions for the development of the socio-political and legal system in Russia; systematized institutional factors and political features of electoral processes in the context of the transformation of Russian society; the first institutional stages of the electoral process in Russia were identified and typified; outlined the prospects for the development of the Russian electoral space; analyzed the institutional features of the electoral culture of the Russian society at the present stage.

Research methodology. In solving the tasks set, the author used the institutional approach, as well as general scientific (analysis and synthesis, abstraction, modeling, systematic approach, comparative, historical, logical, etc.) and private scientific methods: a formal-logical analysis of the conceptual apparatus related to electoral politics ; comparative analysis of the legal policy of foreign states regulating electoral legal relations; content analysis of scientific sources.

The main provisions for defense:

1. In the electoral process, political institutions are reproduced and created that serve the process of succession of power structures in the course of the implementation of electoral democratic procedures. [ CH The electoral process combines two components: an election campaign that institutionalizes the interaction of political actors of party interests in the course of the formation of public authorities, and voting as a way for voters to make an authoritative decision - characterized by cyclicality, temporal order, unevenness, non-linear nature, local scale and pluralistic ideological orientation.

2. The institutional form of the implementation of the electoral process is electoral politics, which means a goal-setting set of tactical and strategic actions of political actors in the electoral process, based on taking into account socio-economic, political, spiritual and ideological factors; legal norms and rules for conducting an election campaign; values, political orientations, preferences, interests of its subjects, their stratification, belonging to a certain environment and social group; mentality and specifics of electoral culture, integrated as electoral consciousness, which is the voter's evaluative attitude to political power and politics in general.

In modern Russian society, long-term social and socio-psychological factors of electoral politics begin to have less influence on the choice of the voter against the background of an increase in the influence of religious and value factors of the identification of the electorate, while the dynamics of electoral politics implies a weakening of party identification of voters while rationalizing the political orientation, determined by socio-economic and demographic changes in the social structure and transformations in the electoral culture and behavior of voters.

4. The Russian specificity of the relationship between the electoral process and the electoral market goes beyond the classical competitive approach, in which the electoral space is perceived as a concentrated expression of market relations, where there is a competitive meeting of supply in the form of a set of political dispositions and demand in the form of political attitudes and preferences of the electorate. .

The ideological and value characteristics of the vast majority of participants in the electoral race are the same, the pre-election political discourse is similar, which leads to the loss of their true electoral identities. This situation forces voters to determine their choice based on the personal image of politicians, formed by the media in the context of their electoral behavior.

5. The electoral market is associated with the features of functionally interconnected interactions between the elite and voters, taking into account their topological extent, spatial and temporal localization, and positioning in real time.

Within the framework of the election campaign, the status dependence of the t elites on the support of non-elite strata significantly increases among the elites: the electoral population during this period acquires the character of a controlling authority; the usual imbalance of power and opposition is replaced by an unstable process of competition of forces striving to restructure the entire political space in a new way, which is invariably accompanied by intense coalitions, the creation of blocs, bonds and alliances up to the official formation of government bodies.

6. Electoral marketing is both a political concept and a technology designed to regulate relations in the electoral market. The institutionalization of Russian electoral marketing is taking place in the context of the depoliticization of the Federation Council, the establishment of government dominance in the State Duma, the active homogenization of the media market, the strengthening of the power vertical along the “center-regions” line, the formation of a party system that suppresses chaotic political processes, a pinpoint political split in business elites, and the creation of structures of state influence on the institutions of civil society.

7. Electoral culture is a systematized set of rational and irrational orientations that model the preferences of voters, constituted at the intersection of legal norms, political rules and spiritual traditions that influence the electoral process in society.

The level of electoral culture reflects the degree of readiness of voters to declare their interests and preferences in the context of their competent and responsible participation in the political decision-making process. The position of the electoral culture depends on the state of subjective rights vested in the political actors of the electoral process and determines the institutional strategies for the development of electoral politics.

Scientific-theoretical and practical significance of the dissertation research. The theoretical provisions and conclusions contained in the dissertation can be used in the development of new and improvement t/ of the current electoral legislation governing electoral relations, optimization of political forms of dialogue between government institutions and civil society.

The practical significance of the dissertation lies in the fact that the conclusions formulated in it can be used in rule-making and law enforcement activities to improve the electoral policy of the state and political parties.

The dissertation research formulates recommendations that can be used in the practical activities of political parties, representative authorities, research organizations, as well as in the educational process of political and legal educational institutions.

The research materials can be used in teaching political science, political theory, partology and special courses.

The results of the dissertation are important for the further development of the 1st problem of the formation of a balanced electoral policy, the deepening of complex scientific and practical research on the Russian electoral process.

Approbation of the research results. The conclusions and main provisions of the dissertation were presented in the author's speeches at international, all-Russian, interuniversity scientific-theoretical and scientific-practical conferences, as well as in three publications, including one of them - in the publication recommended by the Higher Attestation Commission of the Ministry of Education and Science of Russia.

Dissertation structure. The dissertation consists of an introduction, three chapters, including six paragraphs, a conclusion and references.

The concept and structure of electoral processes

The electoral process is one of the frequently used categories, the complexity of operationalization of which is emphasized by its ambiguous interpretations in Russian and foreign science. Starting to consider this phenomenon, it is necessary to first understand the general scientific meaning of the term "process". In explanatory dictionaries, the term "process" is defined in two senses: 1) the course, the development of some phenomenon, the successive change of states in the development of something1; 2) a set of sequential actions to achieve some result.

Indeed, every process is a successive change of states of a certain part of reality. At the same time, any change in the state of a social phenomenon is the result of a set of successive actions of social actors.

Political reality is constituted by the activities of specific people, groups or institutions associated with the implementation of power interests and goal achievement. In the process of activity, these subjects enter into political interaction with other subjects, which can be random or regular. As a result of such actions, stable ties and relationships are formed, rules, norms, organizations, etc. arise, that is, political institutions are created and reproduced2.

In the electoral process, political institutions are also reproduced and created that serve the process of succession of power in the course of the implementation of democracy, first of all, the institution of elections, the electoral system, etc.

The political process can be analyzed both at the macro level and at the micro level. At the micro level, the focus is on directly observed activity, individual actions of individuals, on the macro level, the phases of the functioning of political institutions, the change in the states of the political system.

Thus, the electoral process should be considered as a combination of two components: an election campaign (as a process of communication between the leaders of political parties, organizations, movements and the electorate about power) and voting (as the adoption of an authoritative decision by voters).

These subsystems are structured each in their own way, in accordance with the tasks they solve. Thus, the main content of the election campaign is the interaction between the leader and the electorate, in which both sides exercise mutual influence. Therefore, when analyzing the electoral process, it is necessary to reveal their mutual determination links, the mechanisms of power relations in a particular electoral situation.

Thus, the concept of "electoral process" arises as a result of the entry of social groups and strata of voters into electoral relations regarding the formation of representative bodies of power.

The electoral process is expressed in a successive change of states, its dynamics, the movement of its constituent elements, takes place under the influence of internal and external conditions, has a cyclical nature, duration in time, temporal unevenness, non-linear character, local scale and polar sign orientation (for example, integration - disintegration with from the point of view of the state of the structure of the electorate, cohesion - conflict, protest - support for the authorities from the point of view of

3 See: Antsiferova I.V. Election Campaign as a Way to Realize Democracy: Social and Administrative Aspect: Dissertation of Candidate of Sociology. Sciences. actions, loyalty - opposition in terms of value orientations, etc.).

The central category of the electoral process is electoral behavior. The social sciences distinguish between behavior and action. Behavior is spoken of when it comes to adapting a person to external circumstances, he is usually controlled. Action, on the contrary, means an independent choice, the ability to act meaningfully and purposefully. Consequently, actions are based on a rational choice of ends and means, and behavior is a combination of rational and irrational components of human activity.

Electoral politics: definition, genesis, stages of formation

The topic of transformation of electoral politics today is one of the most relevant for domestic political science and practice. First of all, this is due to the peculiarities of the current stage of development of Russian society: the transition from totalitarianism and the administrative-command system to a more democratic society; the establishment in the practice of domestic political life of the mechanism of democratic elections on an alternative basis. The need for effective organization and conduct of election campaigns of candidates aspiring to a position of power, in the changed conditions, has posed a number of completely new problems for Russian political science.

Today, the most important prerequisite for the successful activity of politicians, coming to power by winning elections, is scientific analysis and the development of technology for organizing election campaigns, identifying patterns of voter behavior, ways to influence their possible choice.

The task of political science in such a situation is to develop a theoretical basis for domestic electoral marketing, to help politicians navigate and act effectively in the modern electoral space.

An institutional analysis of the transformation of electoral politics in Russia is impossible without identifying general trends in the organization and conduct of election campaigns in the United States and Western Europe.

The mature democracies of the West, in contrast to our country, have accumulated significant experience in holding alternative elections. As for the professional organization of election campaigns, it originated in the early 1930s in the United States. The first ever specialized service for conducting political (including election) campaigns was organized in 1933 in California by journalist K. Whitaker and advertising agent L. Baxter. During the years 1933-1955 they carried out 75 political campaigns, 70 of which ended in victory. By the beginning of the 1930s, a public relations department was already functioning in the central office of the Republican Party of the United States, and there was a press secretary at the headquarters of the Democratic Party. Materials gradually accumulated in the field of studying the electoral behavior of citizens and the factors influencing the electoral choice. Election campaigns have come to be viewed by experts as analyzable, predictable, and manageable complex events.

Since the 1960s, candidates for elective office entering the campaign have increasingly tended to cooperate in campaigning not with their own party organizations, but with independent political communicators - political consultants51.

Marketing and advisory services began to gradually distance themselves from the parties that gave birth to them. Independent funds began to form to serve various political forces. The consequence of this was the relative depoliticization of political consulting centers, selective marketing in the United States began to turn into a kind of entrepreneurial activity52.

In recent decades, electoral contestants have increasingly relied on private assistance and campaign management services. This phenomenon is explained, first of all, by the fact that independent marketing services offered a professional approach to the organization of election campaigns, focused on practical assistance to candidates in making the most important political decisions during the campaign.

The experience accumulated in the West in the field of studying and conducting election campaigns is already quite large. This is precisely what makes it necessary for domestic researchers to turn to knowledge, thanks to which Western society today functions more efficiently. However, this does not mean that Western methods should be blindly copied by Russian political scientists. The entire electoral experience accumulated by Western political science should be studied based on the realities of the Russian socio-political sphere. It is important to emphasize that for Russian political science, the greatest value is not only and not so much the specific methods and technologies of conducting the election campaign used in other countries, but the very professional, non-amateurish approach to organizing election campaigns, working with the electorate and the media.

In order to operationalize the main categories of electoral politics, it is necessary, in our opinion, to give its working definition. The central category of the electoral process is "electoral politics", which means a goal-setting set of tactical and strategic actions of political actors in the electoral process, based on taking into account socio-economic, political, spiritual and ideological factors: legal norms and rules for conducting an election campaign; values, political orientations, preferences, interests of its subjects; their stratification, belonging to a certain environment and social group; mentality and specifics of electoral culture. Electoral consciousness is the sum of knowledge and assessments of the voter regarding the electoral situation, political power and politics in general, which is expressed in the ideas, ideas and experiences of people.

Electoral preferences in the electoral process: resource and technological impact

To date, there is no single, universally recognized definition of political marketing. Some authors see in marketing not so much a technology as a whole strategy of political development in market conditions, a worldview orientation. An alternative to the above is a pragmatic approach: political marketing is an “umbrella” type technology that incorporates PR, image-making, advertising and communication activities, etc. as its constituent elements. marketing is a complex and multifaceted phenomenon that combines the concept of social development, political theory and technology. Over the last quarter of the 20th century, political marketing has shown a steady trend towards the expansion of its approaches, thinking, and technologies into the sphere of public administration. With the advent of political marketing in public administration in Russia, hopes are pinned on the release of the apparatus from bureaucratic excesses due to increased “transparency” in management, an open information policy, the development of technologies such as market research and segmentation, and door-to-door campaigns. ", social advertisement. The political field of Russia today is a system that includes a market for the images of candidates and current politicians. The modern political market in Russia does not meet the requirements of a civilized, developed market, where market mechanisms presuppose to some extent the satisfaction of the interests of all participants. This model is, in our opinion, rather a market in the spirit of a mixed economy, gravitating towards a command-administrative system of regulation of political resources. This is especially evident in individual subjects of the Russian Federation, while the political system of other territorial entities within Russia can largely approach the model of the political market of free competition. In modern political life, both in Western European countries and in Russia, there is a steady trend towards the expansion of approaches, thinking, and technologies of political marketing in the sphere of public administration. Political marketing within the framework of public administration makes it possible to implement the following tasks: correction of behavioral models that have formed in certain social groups and pose a threat to the political order; introduction into social practice of ideas, values, behavioral algorithms that are presented as positive; providing theoretical and methodological assistance in reforming the structures and content of public administration. Electoral marketing is both a political concept and a technology of political marketing designed to regulate relations in the political market. Consideration of the essence of the political process in Russia in the context of the logic of supply and demand is the subject of research by domestic political scientists. So, S.N. Pshizova believes that both in Russia and in the West, ideas and mechanisms of social, class representation are gradually being squeezed out of the modern political process, “expressed in a change in the status of parties, degradation of the role of programs and ideologies ... transforms the system of representative government into a system of government with the help of representations."

Electoral politics as a special kind of legal policy in modern Russia: general theoretical aspect

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As a manuscript

SHAKHNAZARYAN Tatyana Grigorievna

ELECTORAL POLITICS

AS A SPECIAL VARIETY

LEGAL POLICY

IN MODERN RUSSIA:

GENERAL THEORETICAL ASPECT

Specialty 12.00.01 - theory and history of law and state;

history of the doctrines of law and the state

Dissertations for the degree of candidate of legal sciences

Kazan - 2012 2 The thesis was completed at the State Educational Institution of Higher Professional Education "Pyatigorsk State Humanitarian and Technological University"

Scientific director: Subochev Vitaliy Viktorovich, Doctor of Law, Associate Professor

Official Opponents: Khachaturov Rudolf Levonovich, Doctor of Law, Professor, Director of the Institute of Law of the Federal State Budgetary Educational Institution of Higher Professional Education Togliatti State University Gorshunov Denis Nikolaevich, Candidate of Law, Associate Professor of the Department of Theory and History of State and Law, Kazan (Volga Region) Federal University

Lead organization: Federal State Autonomous Educational Institution of Higher Professional Education Southern Federal University

The defense of the thesis will take place on April 27, 2012 at 15:00 at a meeting of the dissertation council DM 212.081.26 at the Kazan (Volga Region) Federal University at the address: 420008, Kazan, Kremlevskaya st., 18, aud. 335.

The dissertation can be found in the scientific library. N.I.

Lobachevsky Federal State Autonomous Educational Institution of Higher Professional Education "Kazan (Volga Region) Federal University", with an electronic version of the abstract - on the university website: www.ksu.ru.

Scientific Secretary of the Dissertation Council DM 212.081. candidate of legal sciences, associate professor G.R. Khabibullina

GENERAL DESCRIPTION OF WORK

Relevance research topic is primarily due to the need to increase the attention of legal science to the development and implementation of a scientifically based strategy and tactics of the country's legal development.

Legal policy, as a phenomenon that occupies an increasingly important place among other types of politics, coming to the fore due to the growing role of law in society, is currently going through one of the most crucial stages of its development. It is associated with the formation of the political system, democratic institutions in Russia, the creation of effective mechanisms for ensuring and protecting the rights and freedoms of the individual, the improvement of the legal foundations for building and operating the system of state and municipal government, the strengthening of constitutional law and order, the increase in the efficiency of law-making and law enforcement activities, the formation of social responsible and fair justice, the development of adequate measures to counteract offenses1, etc. Legal policy, therefore, is put forward among the priorities of domestic legal science2.

An important direction in the modern theory of state and law is the general theoretical understanding of the phenomenon of electoral politics, its content, the political and legal mechanism of implementation, aimed at the formation of elected institutions of power, ensuring their effective functioning, which is impossible without fruitful interaction with citizens-voters, their associations, other structures. civil society.

The electoral-legal policy is directly related to the state policy in the field of modernization of Russian society, since it is in the electoral sphere of legal life that the basic foundations of interaction between the state and civil society in the management of social processes are born, formed, and formed. In the concept of long-term socio-economic development of the Russian Federation for the period up to 2020, the list of the main areas of innovative development notes the need to build a new model for the development of society, which ensures: the application of procedures and rules that guarantee the identification and consideration of the interests of each social group when making decisions at all levels of government ; equal dialogue of public organizations, business and the state on key issues of social development;

See: Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation: the text of the speech of the President of the Russian Federation D. A. Medvedev to the deputies of the Federal Assembly in the Kremlin on November 12, 2009 // Rossiyskaya Gazeta. November 2009; Speech by the President of the Russian Federation D. A. Medvedev at a meeting of the State Council // Verbatim report on the meeting of the State Council on the development of the political system of Russia, January 22, 2010 // URL: http://www.kremlin.gov.ru (Date of access : 01/25/2010); Medvedev D. A. Russia, forward! // URL: blog.kremlin.ru (Date of access: September 15, 2009).

For a detailed justification, see: Matuzov N. I. Actual problems of the theory of law.

Saratov, 2003, pp. 309–346.

high confidence of citizens in state and public institutions; broad public consensus on the main issues of Russia's development3.

It is in electoral legal relations that, first of all, the general area of ​​concern for public interests is concentrated, in which the interest of each of the subjects is expressed.

The relevance of the theoretical and legal study of electoral politics is also due to the fact that it has a significant impact on the functioning of almost all areas of the life of modern society - politics, economics, social relations, culture, science, etc. An ill-conceived and weak electoral-legal policy, if it is accompanied by an imperfect legal framework and vague priorities, vaguely defined goals, leads to failures in the implementation of all other types of legal policy (law-making, law enforcement, interpretation, sectoral areas, etc.), and also significantly affects social, economic, national and etc.

Electoral politics is of particular relevance due to the need to modernize the Russian political system. In a speech at a meeting with activists of the United Russia party on December 17, 2011, President of the Russian Federation D.A.

Medvedev noted that “the model of the political system needs to be changed: the old one has largely exhausted itself; only in this case our country will have dynamic development”4. In his Address to the Federal Assembly of the Russian Federation in December 2011, the President of the Russian Federation spoke of the need to “bring people closer to the execution of the most important functions of the state for them”, proposed a set of measures designed to “make the political system of the country more efficient, better representing the interests of the citizens of our state”. Many of these measures are aimed at improving the electoral system and electoral legislation. “Elections,” the President of the Russian Federation emphasized, “should be fair, transparent, meeting modern ideas about legality and justice”5.

Thus, there is every reason to assert that a comprehensive general theoretical study of the phenomenon of electoral politics as a special kind of legal policy of the state, its content, the mechanism of alignment and implementation is one of the most important tasks facing the domestic theoretical and legal science.

The degree of scientific development of the topic and the theoretical basis of the study. The problems of legal policy in modern legal science are perceived not only as one of the most important types of state policy, but also as an independent and promising area of ​​legal research. Issues of legal policy in the general theoretical aspect specifically Decree of the Government of the Russian Federation dated November 17, 2008 No. 1662-r “On the concept of long-term socio-economic development of the Russian Federation for the period up to 2020” // Collection of Legislation of the Russian Federation (hereinafter - RF RF). 2008. No. 47. Art. 5489.

URL: http://www.consultant.ru/online/base/?reg=doc;base=law;n=123798 (Date of access: January 18, 2012).

were developed in the studies of S. S. Alekseev, Yu. A. Brusnitsyn, Yu. Yu.

Vetutneva, N. N. Voplenko, A. I. Demidova, E. V. Dugina, V. A. Zatonsky, N. V.

Isakov, A.P. Korobova, A.Yu. Lavrika, E. A. Levchenko, A. P. Mazurenko, A. V.

Malko, V.V. Mamonov, A.V. Manastyrny, N.I. Matuzova, A.E. Mikhailova, A. S.

Mordovets, I.S. Morozova, G.I. Muromtseva, I. D. Nevvazhay, V. L. Negrobova, S. I.

Oreshkina, M.P. Petrova, D.Sh. Pozov, S. V. Polenina, T. M. Pryakhina, R. V.

Puzikov, V.A. Rudkovsky, O.Yu. Rybakov, R. S. Sarkisov, I. G. Serdyukova, N.

A. Sidorova, L. A. Steshenko, K. A. Strus, V.V. Subocheva, V.V. Trofimova, N. A.

Frolova, K. V. Shundikov, O. I. Tsybulevskaya and a number of other authors.

Legal policy, being one of the most important interdisciplinary areas in modern science, has been studied especially actively in recent years.

Monographs, collections of scientific papers, textbooks and lecture courses are published, the concept of Russian legal policy is being developed6, the scientific journal Legal Policy and Legal Life is published, which publishes relevant works on various aspects of Russian law, and the concept of “legal policy” has entered the scientific turnover and is used in the analysis of other phenomena of political and legal life.

The study of the problems of legal policy is one of the notable pages in the history of domestic legal thought. This topic was of interest to representatives of various scientific schools, many of which defended the idea of ​​the need to form an independent science within the framework of jurisprudence - the politics of law. S. A. Muromtsev and L. I. Petrazhitsky stood at the origins of this idea. The original interpretation was proposed by G.A. Landau. Political and legal issues were developed in the works of G. Jellinek, A.I. Ilyin, B.A. Kistyakovsky, F. Liszt, A.P. Mokrinsky, P.I. Novgorodtsev, N.S. Tagantsev, F.V. Taranovsky, M.P. Chubinsky, G.F.

Shershenevich and other representatives of legal science of the late XIX - early XX centuries.

Various aspects of the socialist legal policy were developed in Soviet legal science. In general theoretical terms, this problem was reflected in the works of S. S. Alekseev, V. D. Zorkin, D. A. Kerimov, N. P.

Koldaeva, K. D. Krylova, V. N. Kudryavtseva, E. V. Kumanina, P. T. Polezhaya, I. M.

Stepanov, N. V. Fedorova, V. M. Chkhikvadze, A. F. Shebanov and other authors.

Considerable attention was paid to the problems of criminal law policy (N.A.

Belyaev, I. M. Galperin, A. A. Gertsenzon, P. S. Dagel, N. I. Zagorodnikov, N. A.

Lopashenko, P. N. Panchenko, A. M. Yakovlev and others).

As for directly electoral-legal policy, in the theoretical and legal aspect, this topic has not been subjected to scientific study. Of particular importance for our study are the works of Russian constitutionalists, as well as scientists working in the field of municipal law: S. A. Avakyan, A. S.

Avtonomova, M. V. Baglaia, A. A. Belkina, A. V. Vasilyeva, Yu. A. Vedeneeva, A. A.

Veshnyakova, V. D. Zorkina, V. V. Ignatenko, S. D. Knyazeva, A. V. Kolesnikova, E. V.

Kolesnikova, V.A. Kryazhkova, O.E. Kutafina, L.V. Lazarev, M.S. Mateikovich, I.V.

Minnikes, A. V. Mironova, M. A. Mityukov, V. V. Nevinsky, A. A. Petrov, V. E.

See: Draft Concept of Legal Policy in the Russian Federation until 2020 / ed. A.V. Malko. M., 2008; Legal Policy: Dictionary and Project Concept / ed.

A. V. Malko. Saratov, 2010.

Podshivalova, B. S. Ebzeeva and others.

The purpose of the dissertation research is a comprehensive general theoretical analysis of the electoral-legal policy of the modern Russian state as a social reality and a legal category, in the formation of the concept of electoral-legal policy, concentrating the positions of scientists and practitioners in relation to building an effective mechanism of electoral-legal regulation aimed at ensuring and protection of subjective rights, freedoms and legitimate interests of participants in electoral legal relations. To achieve the formulated goal, the following tasks:

conducting a comprehensive theoretical analysis of the concept of legal policy, substantiating its special significance for the normal functioning and development of the state and society;

identifying the main features of the electoral-legal policy of the Russian state and formulating its general theoretical definition;

study of the subject composition of the electoral-legal policy, the establishment and classification of the circle of subjects involved in its formation and implementation;

determination of the priorities of the Russian electoral-legal policy, their theoretical classification;

general theoretical analysis of the principles of democratic electoral-legal policy, characterization of their content in relation to the development of the electoral sphere of the legal life of Russian society;

identification of goals, functions and establishment of means of electoral-legal policy, their general theoretical analysis in the context of increasing the efficiency of the relevant activities of state and non-state structures, citizens;

study of the mechanism for building the electoral-legal policy in the Russian Federation, the principles on which its functioning is based, the factors that determine the effectiveness of this mechanism;

studying the relationship and mutual influence of electoral-legal policy, electoral-legal culture and electoral-legal activity, formulating appropriate definitions, identifying ways to improve the relationship between these phenomena;

substantiation of the need and criteria for identifying elements of the structure (types) of electoral-legal policy, general theoretical characteristics of its varieties, establishing and characterizing the forms of implementation of electoral-legal policy, as well as ways to improve them;

formulation of the main theoretical positions of the concept of electoral legal policy in the Russian Federation.

The object of the study is social relations associated with the formation and implementation of electoral and legal policy, which is considered as a complex systemic state-legal phenomenon and an independent legal category.

The subject of the dissertation research are the theoretical and methodological aspects of electoral legal policy, the most general patterns of its formation and implementation, signs, place and role in modern Russian legal life.

The normative and empirical base of the study was the Constitution of the Russian Federation, acts included in the system of international law, federal constitutional laws, by-laws, judicial acts of the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation, materials of judicial practice of courts of general jurisdiction, official statistical data, analytical publications in periodicals and other media.

Methodological basis of the study. Goal and tasks of this study necessitated the use of various methods for studying state-legal phenomena. The methodological basis of the work was general scientific and particular scientific (special) methods of cognition.

The method of materialistic dialectics became fundamental, which allowed a deeper analysis of issues related to the alignment, implementation of electoral and legal policy, the improvement of these processes, the impact on their course of socio-economic changes in society; establish the relationship between various types of electoral legal policy, as well as this and other types of legal policy; study the trends in the development of the phenomena under consideration and suggest ways to optimize their use in the practical activities of subjects.

The formal legal method in combination with the laws of formal logic made it possible to formulate a definition of the category "electoral legal policy", to identify its features, to classify, to determine the essential aspects.

The synergetic method helped to substantiate the significance of the phenomena under consideration in the process of self-organization of political and legal relations.

The historical method of cognition contributed to the identification of legal traditions inherent in the state, which play an important role in determining the essential qualities of both legal policy in general and each of its varieties.

The study actively used the comparative legal method, the provisions of hermeneutics and various methods of interpreting legal acts, as well as systemic and functional approaches, methods of analysis, synthesis, abstraction, etc.

Scientific novelty dissertation work consists in the fact that it is the first comprehensive study in which the concept of "electoral-legal policy" is revealed and the study of this phenomenon is carried out in the context of modern Russian legal life. An attempt was made to streamline the theoretical developments of certain aspects of the activities of state and non-state structures, citizens in the electoral sphere in relation to the purpose and objectives of the dissertation research. The definition of the category under consideration is formulated, focused on achieving new results in the theory of state and law. Signs are indicated that allow one or another public attitude to be classified as electoral-legal.

The paper formulates and reveals the concepts of "subject composition of electoral-legal policy", "priority of electoral-legal policy", "principles of electoral-right politics", "goal of electoral-legal policy", "functions of electoral-legal policy", "legal means electoral policy”, “mechanism for building and implementing electoral legal policy”, “electoral legal culture”, “electoral legal activity”, “types of electoral legal policy”, “forms of implementation of electoral legal policy”, etc.

The novelty is the concept of electoral-legal policy as a systemic phenomenon, which, in turn, can be divided into types, taking into account the system of law, the federal structure of the state, the features of the mechanism of legal regulation, which makes it possible to single out sectoral (institutional), federal, law enforcement and other subsystems in the structure of electoral-legal policy as an integral entity. The analysis of such subsystems, which, according to the applicant, are of key importance, is also of scientific and practical interest and is distinguished by novelty.

In addition to the above, the scientific novelty consists in the following:

the features of electoral-legal policy are analyzed, which make it possible to distinguish it from other types of legal policy;

the subject composition of the electoral-legal policy has been studied, a system of its priorities, goals, functions and means has been developed, specific forms of its implementation have been proposed and substantiated; at the same time, special attention is paid to the regional and municipal levels of electoral-legal policy, since (which is also justified in the dissertation) it is here that most of the pending problems of its implementation are concentrated;

the structuring of the electoral-legal culture has been carried out, the position that the electoral-legal culture acts both as a goal and as a means of achieving the goals of the electoral-legal policy and increasing its effectiveness has been substantiated; it is a free and responsible person who, on the one hand, is the subject of building and implementing electoral-legal policy, and, on the other hand, an object on the formation of an activist legal consciousness of which such a policy should be oriented;

issues related to the electoral legal culture of civil servants are considered separately, its special importance in building an effective electoral legal policy and its implementation is shown.

Thus, the dissertation research carried out develops the theory of legal policy in the Russian Federation as an integral direction of modern theoretical and legal science, contributes to the streamlining, stabilization of electoral legal relations, forms a certain scientific and theoretical potential for their development and improvement.

The scientific novelty of the dissertation research finds direct expression in the main provisions submitted for defense.

1. Electoral-legal policy is a scientifically based set of ideas, measures, tasks, programs, guidelines implemented in the process of political and legal activities of state bodies and social structures aimed at creating an effective mechanism for legal regulation in the field of the electoral process, civilized use of legal means in resolving socially significant issues of state and public construction.

2. The subjects of the electoral legal policy are organizations and collectives created in accordance with the procedure established by the rules of the electoral law to ensure the exercise of the subjective electoral rights of citizens, as well as individuals and social communities whose activities in expressing and ensuring public interest are based on the norms of the electoral law. These are the citizens of Russia, their public associations, state and non-state organizations, power structures of various levels, acting in accordance with the norms of the electoral law in the field of forming a system of state and municipal government.

3. The priority of electoral-legal policy is the most urgent primary task, arising from the objective interests and needs of the individual, society and the state, formed at the present stage of development, and aimed at forming a system of political authorities, at creating an effective mechanism for legal regulation in the field of electoral process, civilized use of legal means in resolving socially significant issues of state-power building.

The only criteria that make it possible to delimit priority from certain tactical and strategic tasks and guidelines of both legal policy in general and its electoral-legal component are the criteria for the relevance and priority of the decision. Hence, there cannot (and should not) be many priorities.

4. The principles of electoral-legal policy are the fundamental ideas, provisions, guidelines that determine the general approaches of civil society and government to strategically oriented activities in the field of legal regulation of electoral processes and relations, constitute the ideological and organizational basis of the relevant activities of the subjects. These are the principles: priority of fundamental rights and freedoms of man and citizen;

democracy; legality; consistency of the domestic electoral legal policy with the international legal standards of electoral democracy (with the indispensable consideration of national interests); socio-political conditionality; complexity; consistency; federalism. The electoral-legal policy should also comply with such general principles of legal policy in the Russian Federation as legitimacy, democracy, consideration of the moral and value principles and cultural traditions of society, openness, purposefulness and a clear definition of priorities, forecasting, regularity and gradualness, the evolutionary nature of reforming the legal form, realism and focus on achievable results, sufficiency of funds and resources, combination of management and self-organization mechanisms.

5. The goal of electoral-legal policy is a model of a legally significant result ideally assumed by the subject of electoral legal relations, which he seeks to achieve with the help of legal and other (ideological, political, educational, etc.) means. The main (general) goal of the electoral legal policy of modern Russia is the optimization of the legal regulation of the electoral process, and ultimately the creation of legal conditions for maintaining political stability in the country, ensuring a decent life and free development of a person. The tactical goals are:

ensuring the inviolability of the foundations of the constitutional order in the formation of public authorities and local self-government bodies (creating the necessary conditions for the development of the institution of elections as the highest direct expression of the power of the people, recognition and guarantee of local self-government, observance of the principles of political diversity and multi-party system when determining the parameters of the electoral system in the constituent entities of the Russian Federation and establishing specific electoral procedures); regulation and protection of electoral rights of citizens.

The tactical set of goals of electoral politics is manifested mainly in its law enforcement, law interpretation and law teaching forms.

6. The functions of the electoral-legal policy are the main directions of its purposeful impact on electoral processes and relations, in which its essence, social purpose, creatively transforming role in the mechanism of state management of social relations are manifested and concretized. Based on the nature of the tasks solved by the electoral-legal policy, the place and purpose in public life, the following functions can be distinguished: regulatory, protective, ideological and educational, prognostic, organizational, control and coordination, the function of achieving social compromise, consent and conflict resolution.

7. Means of electoral-legal policy is a set of own special means, electoral-legal regulations (instruments) and forms of law enforcement practice in the field of forming a system of state and municipal government, taken in unity, with the help of which the interests of subjects of electoral legal relations are satisfied and the achievement of the goals of the state is ensured. - public construction. There is a need for theoretical development and practical implementation of a system of such legal means that will make it possible to rationally and harmoniously combine in electoral politics the advantages of universal and qualification, equal and unequal suffrage.

8. The mechanism for building the electoral-legal policy in the Russian Federation consists of the practical activities of civil society entities and state authorities in the field of legal regulation of electoral relations, as well as relations related to the legal support of democracy. The basis of this mechanism is formed by the following principles: active participation of various social structures in the process of developing electoral-legal policy; public control over the activities of state bodies and local self-government bodies, their officials in the electoral sphere of legal life; delimitation of subjects of jurisdiction between federal state authorities, state authorities of the constituent entities of the Russian Federation and municipal authorities; delimitation of managerial and other functions between legislative, executive, judicial and supervisory authorities. One of the most important elements of the mechanism for building the electoral legal policy in the Russian Federation is the election commissions; their status should be developed along the path of strengthening state-power principles in combination with public ones.

9. Electoral legal culture is a specific type of legal culture, the elements of which are various phenomena of legal reality in their special manifestation as standards of electoral behavior:

suffrage and the corresponding (electoral) legal consciousness, electoral legal relations and the legality of the relevant actions, the orderliness of the electoral sphere of legal life, the lawful activity of subjects of electoral legal relations. The electoral-legal culture is both a goal and a means of achieving the goals of the electoral-legal policy, increasing its effectiveness. In turn, the electoral-legal policy in a certain part acts as a state-legal strategy and tactics of activities to increase the level of electoral-legal culture of both society and the individual.

10. Based on the form of government, electoral-legal policy can be divided into: a) federal (ensuring the national interest); b) regional (the electoral-legal policy of the federal center to create an effective mechanism for the legal regulation of electoral processes in the constituent entities of the Russian Federation, federal districts, taking into account regional interests); c) municipal (the same - in municipalities; d) the policy of the constituent entities of the Russian Federation (“the policy of the regions” as an independent phenomenon); e) policy of local self-government bodies (municipalities).

Describing the specifics of these varieties of electoral-legal policy, one should proceed from the fact that all of them are components of electoral-legal policy as an integral entity, a special type of legal policy.

11. In the structure of electoral politics, such relatively independent areas as law-making, law enforcement, law interpretation, law enforcement, information-educational, organizational and technical are also formed, which can be considered as forms of its implementation. The implementation of electoral politics has a pronounced procedural nature. The electoral process, i.e., the system of legal, political and organizational and technological relations for the preparation and conduct of elections, participation in elections that develop within a series of successive stages, as well as information, financial and human rights securing elections.

Scientific and practical significance of the work. The dissertation is a comprehensive general theoretical study of electoral politics as a special kind of legal policy of the modern Russian state, a social reality and a legal category, its place and role in the legal life of society. The scientific significance of the work is determined by the presence of theoretical generalizations and conclusions that develop the theory of legal policy as one of the most important areas in modern science of the theory of state and law.

The proposals contained in the dissertation on optimizing the mechanisms for building and implementing electoral-legal policy are designed to contribute to the improvement of human rights, law-making, law enforcement, law-interpreting, information-educational, organizational and technical activities in the electoral sphere of legal life, as well as to ensure the stability of public law relations, to provide positive impact on the development of Russia's political system.

The provisions of the dissertation research can be used in the educational process when teaching such courses as: "Theory of State and Law", "Actual Problems of the Theory of State and Law", "Municipal Law of the Russian Federation", "Constitutional Law of the Russian Federation". Conclusions, provisions and recommendations can serve as a basis for further development of the concept of electoral-legal policy in the Russian Federation.

Approbation of results research. The dissertation was discussed chapter by chapter and in general at meetings of the Department of State and Legal Disciplines of the Pyatigorsk State Humanitarian and Technological University. The main conclusions and provisions are set out in published articles, announced in reports at scientific conferences, implemented in the activities of the Saratov branch of the Institute of State and Law of the Russian Academy of Sciences, as well as in the educational process of the Pyatigorsk State Humanitarian and Technological University, which is confirmed by the relevant acts.

Thesis structure. The structure and content of the dissertation work are determined by the goals, objectives and logic of the study. The dissertation consists of an introduction, three chapters with seven paragraphs, a conclusion, a bibliographic list including 404 sources, and an appendix, which contains the author's draft concept of electoral legal policy in the Russian Federation.

BASIC THE CONTENT OF THE WORK

In the introduction the relevance of the topic is substantiated, the degree of its scientific development is assessed, the goals and objectives, the subject and object of the study are determined, its methodological and theoretical foundations, legal and empirical base are characterized, scientific novelty, theoretical and practical significance are reflected, the provisions submitted for defense are formulated, data on the approbation of the obtained results are given.

Chapter I "General characteristics of the electoral-legal policy in modern Russia" contains seven paragraphs that explore the basic categories of the studied phenomenon of legal life.

The first paragraph discusses the concept and features of electoral-legal policy. The author of the dissertation notes that the conceptual understanding of electoral politics should be based on the most characteristic definitions of legal policy in general, offered in the literature. Given that not all of them are sufficiently accurate in understanding the phenomenon under consideration, the dissertation analyzes the main approaches to understanding the essence of legal policy (V.K. Babaev, N.V. Isakov, A.P.

Korobova, G. Yu. Lesnikov, A. P. Mazurenko, A. V. Malko, N. I. Matuzov, I.

S. Morozova, S. I. Oreshkin, Yu. E. Permyakov, V. A. Rudkovsky, O. Yu.

Rybakov, V. V. Subochev, K. V. Shundikov and others). The applicant comes to the conclusion that it is necessary to distinguish between the legal policy itself as a strategy of the state in the legal sphere (in statics) and the mechanism for its implementation, i.e. legal policy as a process of implementing ideas, programs, etc. (in dynamics). This corresponds to two approaches to understanding legal policy - institutional and activity, which should not be opposed, being interrelated aspects of the essence of legal policy as a dialectically unified phenomenon of legal life. Based on the dual nature of this phenomenon, legal policy is determined.

Electoral politics can be represented as: a) a set of ideas, measures, tasks, programs, attitudes implemented in the form of a strategy and tactics of the state in the field of forming a system of political authorities; b) scientifically based and normatively supported consistent activities of specialized entities (state and municipal bodies, election commissions, election associations, etc.) in preparing and holding elections to government bodies, ensuring the participation of citizens in the formation of a system of government based on their free will and in its functioning.

Electoral politics: 1) is a form of concretization of the general political and legal strategy in relation to the electoral sphere of legal life; 2) the object of influence has relations related to the exercise of the power of the people, the highest direct expression of which is a referendum and free elections; the subject of this impact is the legal provision of citizens' participation in the transformation of the power of the people into state and municipal power through democratic elections. The electoral-legal policy ensures the reproduction of power in the Russian Federation, acting as the legal basis for the formation and operation of all institutions of representative democracy; 3) is an ideological and theoretical legal basis, an organizing and guiding factor in the activities of various subjects in the processes of organizing and conducting elections, extending its influence also to the creation of appropriate conditions for the exercise of citizens' electoral rights in the inter-election period; 4) is characterized by specific forms of development and implementation of content, goals, objectives, principles, methods, priorities, a special subject composition, methods of external objectification, etc.; 5) is naturally connected with other varieties of legal policy, primarily with law-making policy; 6) acts as a factor significantly influencing the functioning and development of the legal system; 7) electoral-legal policy - a guarantee of ensuring the political rights and freedoms of citizens, ensuring their participation in the management of the state and society, strengthening the rule of law and democratic rule of law, and solving other vital tasks. The electoral level is one of those where legal policy becomes “real politics”, being objectified in the activities of subjects of electoral law enforcement; 8) an important feature is the ideological nature of the electoral-legal policy, which is manifested in the strategy of the socio-economic and political-legal development of the state, in the platforms of political parties, in self-advertising actions of the current government, in the ideological preferences of voters; 9) the field of action of electoral politics is the sphere of political and legal participation - a system of relations connecting the non-political sphere of civil society with the political sphere of the state; 10) activities for building and implementing electoral policy - an area of ​​close interaction between politics and law, their cooperation. Hence the complex, interdisciplinary nature of electoral politics, although at its core it has a legal component; 11) electoral politics - an organic part of the legal policy of the Russian state. It is developed, first of all, by the subjects of power - by all who are endowed with the right of legislative initiative. In its formation, the role of political parties, public organizations, movements, associations, scientific institutions, research teams, individual specialists, as well as citizens is great. This feature of electoral politics shows the exceptional consistency and dynamism of this activity. The main subject of the formation of electoral policy is the state, and the main result is the formation of representative bodies of the state and local self-government, ensuring the effective management of society and its development.

The second paragraph examines the subject composition of modern Russian electoral-legal policy. At the same time, the applicant relies on general theoretical provisions: a) on the need to single out two interrelated aspects of legal policy - state-legal (officially authoritative) and socio-political (social); b) about what constitutes a subject of law in the public law sphere, of which the electoral sphere is a part. It is stated that the presence of a purposeful function for the implementation of public interest is a mandatory feature of a subject of public law and, accordingly, a subject of electoral politics, since the sphere of its implementation is precisely the public law sphere. In other words, organizations and collectives created to ensure the subjective public rights of citizens in the sphere of the formation of public authorities, as well as individuals and communities that implement this function, will act as subjects of electoral legal policy.

The subjects that develop and implement the electoral-legal policy in the Russian Federation are: 1) the President of the Russian Federation; 2) the State Council and other advisory and advisory bodies under the President; 3) the Federal Assembly of the Russian Federation; 4) Government of the Russian Federation; 5) the Ministry of Justice of the Russian Federation, other federal executive bodies; 6) the highest judicial bodies; 7) other judicial authorities; 8) the Prosecutor's Office of Russia, other law enforcement and control and supervisory bodies of state power of the Russian Federation; 9) legislative (representative) and executive authorities of the subjects of the Russian Federation; 10) electoral bodies (electoral commissions), which occupy a special place in the system of state institutions, ensuring the formation of elected state and municipal bodies, without which, in modern conditions, it is impossible to exercise democracy; 11) citizens of Russia; 12) political parties; 13) other public associations of citizens; 14) non-state legal organizations; 15) mass media; 16) municipal authorities and administration in the Russian Federation; 17) scientific institutions, teams, specialists, etc.

The third paragraph continues the study of the general characteristics of electoral politics. One of them is the question of the priorities of this type of state-legal activity. From the correct definition of priorities in the field of building and implementing electoral politics depends on its effectiveness, which, in turn, contributes to the solution of the most important tasks facing the Russian state at the present stage.

Taking into account the approaches to the interpretation of the concepts of "priority", "priority of legal policy" available in the linguistic and theoretical legal literature

(N. I. Matuzov, A. P. Korobova and others) formulates the definition of the concept of “priority of electoral-legal policy”.

The dissertation classifies the priorities of modern Russian electoral politics according to: 1) according to the degree of importance for legal policy in general, priorities are general (common for all types of legal policy) and special (peculiar to electoral politics as a special kind of legal policy); 2) according to the degree of reflection of the interests of the subjects, priorities are distinguished: a) universal, ensuring the interests of all subjects, contributing to the achievement of all goals, representing the same importance for the individual and for parties, social movements, society and the state as a whole; b) priorities reflecting the interests of the individual; c) priorities expressing group (public) interests; d) priorities embodying the interests of the state;

3) depending on the time of action, the priorities of the electoral-legal policy are divided into permanent and temporary; 4) depending on the levels of alignment and implementation of the Russian electoral-legal policy, its priorities are federal, regional (in the constituent entities of the Russian Federation) and local.

Municipal priorities may be different for specific municipalities. Thus, the task of improving the electoral legislation can be considered as a priority both federal and regional. The development of legal regulation of municipal elections is a priority for both regional and municipal electoral policy.

The current tasks (priorities) of the electoral-legal policy in the Russian Federation are: scientific substantiation of the strategy of electoral-legal development in the long term; inventory of the system of legal means and mechanisms used in electoral relations, with an assessment of the degree of their expediency and effectiveness; elimination of gaps in the electoral and accompanying legislation; ensuring consistency in the system of normative legal acts in force in the electoral sphere of legal life;

strengthening legal guarantees, legal mechanisms that ensure the implementation of strategic and tactical goals and objectives of the legal regulation of electoral relations; increasing the degree of legitimacy of representative bodies of state and municipal authorities;

improvement of mechanisms for ensuring and protecting the rights and legitimate interests of citizens in the electoral sphere; guaranteeing equal access to justice for participants in electoral relations;

improving the procedures for preventing and overcoming conflicts of legal acts of the Federation and its subjects; decriminalization of electoral relations; improving the quality and efficiency of the investigation of crimes, the consideration of administrative offenses committed in the electoral sphere; a radical reduction in administrative barriers to the participation of citizens in managing the affairs of society and the state; building an effective mechanism for interaction between civil society and the state, stimulating the active manifestation of civil initiative; creating favorable legal conditions for overcoming legal nihilism, improving the moral state of Russian society.

The principles of electoral-legal policy are examined in the fourth paragraph of the first chapter.

The principles of the electoral-legal policy in the Russian Federation are the following fundamental ideas, provisions, guidelines:

priority of fundamental rights and freedoms of man and citizen; democracy (direct participation of citizens in the formation of government bodies and their activities); legality; consistency of domestic electoral policy with international legal standards of electoral democracy (taking into account national interests); socio-political conditionality;

complexity; consistency; federalism. Electoral politics must also comply with such general principles of legal policy in Russia as legitimacy, democracy, consideration of the moral and value foundations and cultural traditions of society, openness, purposefulness and a clear definition of priorities, forecasting, regularity and stage by stage, the evolutionary nature of reforming the legal form, realism and focus on achievable results, sufficiency of funds and resources, combination of management and self-organization mechanisms. It is also important to take into account the principles of suffrage as a sub-branch of constitutional law:

principles of organizing and holding elections (mandatory elections, their periodicity, freedom, alternativeness, admissibility of various electoral systems, functional and organizational independence of electoral bodies) and principles of citizens' participation in elections and referendums (universal suffrage and the right to participate in a referendum; equal suffrage and the right to participate in a referendum;

direct suffrage, the right to direct will in a referendum;

Assessing the set of principles underlying electoral politics, it should be recognized that they reflect the democratic nature of electoral processes and relations, elections as one of the main institutions of democracy and, as a result, are intended to serve as unconditional guidelines in the development and implementation of electoral legal policy at all levels. .

The fifth paragraph is devoted to the study of the goals and functions of the electoral-legal policy in modern Russia. In electoral politics (and in legal politics in general, and in each of its other varieties), the category “goal” performs important ontological, ideological, pragmatic and other functions, the content of which is revealed in the dissertation.

On the basis of general theoretical provisions, the definition of "the goal of electoral-legal policy" is formulated. The requirements that must be met by the goals of electoral legal policy as legally significant state guidelines are defined: 1) they are established primarily by the state; 2) reflect the most significant public interests; 3) are characterized by specific ways of legal formalization and implementation; 4) have a regulatory obligation; 5) are provided with state guarantees; 6) must be morally justified; 7) adequately reflect the features of the national electoral system and the historical period experienced by society and the state; 8) goals must have a positive legal potential; 9) be socially motivated, cause support and approval in public opinion and the behavior of voters; 10) be provided with appropriate legal, intellectual, material, organizational and other resources; 11) the goals of the electoral-legal policy should be systematically organized, include in a certain sequence strategic and tactical, general and particular, main and derivative, final and intermediate (main and auxiliary) and other goals.

A classification of the goals of the electoral-legal policy has been carried out. From the point of view of the sequence of implementation, they are divided into immediate (tactical) and promising (strategic); by content - into socio-political; ideological and cultural and educational;

organizational; informational; by volume - into general and private; according to the degree of individualization - into subject (goals-tasks) and functional (goals-directions); in terms of significance for the subject - into basic and non-basic;

by nature - into real and unreal (true and false), empirical and theoretical, individual and social, progressive and reactionary, moral (moral) and immoral (inhuman), etc.

The applicant associates the significance of electoral-legal political goals with the functions that these phenomena perform in the process of legal regulation of the relevant relations. The communicative, consolidating (integrating), motivational (sense-forming), evaluative, incentive (stimulating) and regulatory functions of the goals of electoral legal policy are considered.

The main (general) goal of electoral politics in modern Russia is the optimization of the legal regulation of the electoral process, the creation of legal conditions for maintaining political stability in the country, ensuring a decent life and free development of a person.

The tactical goals are: ensuring the inviolability of the foundations of the constitutional system in the formation of state authorities and local governments (creating the necessary conditions for the development of the institution of elections, guaranteeing local self-government, observing the principles of political diversity and a multi-party system when determining the parameters of the electoral system in the constituent entities of the Russian Federation and establishing specific electoral procedures ); regulation and protection of electoral rights of citizens. The tactical set of goals of electoral politics is manifested mainly in its law enforcement, law interpretation and law teaching forms.

Based on the nature of the tasks solved by the electoral-legal policy, the place and purpose in public life, the dissertation singles out and analyzes the functions of the policy in question: regulatory, protective, ideological and educational, prognostic, organizational, control and coordination; the function of achieving social compromise, agreement and conflict resolution. All functions of electoral politics are of great importance in terms of the implementation of the tasks facing it, the achievement of its goals. The weakening of any of them affects the effectiveness of both itself and the legal policy as a whole.

The sixth paragraph examines the legal means of electoral politics. The means under consideration: a) are ad hoc legal in nature; b) are inextricably linked to policy objectives; c) express the information-energetic qualities and regulatory resources of law, "legal energy" aimed at overcoming obstacles that stand in the way of satisfying the interests of participants in electoral relations; d) combined in a special way, they are the leading elements of the operation of law in the electoral sphere, the main working parts of the regimes of the mechanism of legal regulation; e) provided by the state; f) lead to legally significant consequences.

The diversity of legal means of electoral politics is emphasized, the impossibility of studying them outside of scientific classification. The main attention is paid to the characteristics of two groups: a) own special means, the direct purpose of which is the improvement and development of electoral politics as a legal phenomenon, as part of the legal system (concepts, programs, electoral legal monitoring, systematization of legal acts, planning, forecasting, unification and specialization of legislation, examination of legal acts, etc.); b) instruments of the mechanism of legal regulation (restrictions, incentives, incentives, punishments, subjective rights and legal obligations, legal relations, legal acts, legal liability, etc.).

There are also simple (primary, elementary, basic) and complex (complex, composite) means (tools). Legal means of electoral politics can be classified in another way: in terms of importance - main and auxiliary; taking into account the functional role - regulatory and protective; depending on the type of legal regulation - regulatory and individual; depending on the nature of use - single and multiple use; depending on the period of validity - permanent and temporary. Of particular importance is such a classification criterion as information-psychological orientation (peculiarities of influence on the consciousness, will and motives of subjects). On this basis, the studied means are divided into stimulating and limiting.

The most effective means of electoral politics are subjected to a separate general theoretical analysis, which, being inextricably linked with its goals, form the basis of its content and reveal its specifics.

This is a group of means in which the strategy and tactics of electoral politics are embodied: relevant conceptual provisions, programs, guidelines, individual law enforcement acts (decisions of judicial, supervisory, executive and administrative bodies, prosecutors), etc.

Particular attention is paid to the analysis of such means as qualifications.

The inexpediency of refusal from some qualifications or a significant narrowing of their action is substantiated. It makes sense to introduce a higher age limit, which should be higher for citizens who intend to be elected to representative and other state bodies. The suggestion expressed in the literature (A.D.

Kerimov) on the introduction of certain educational qualifications that limit the voting rights of the illiterate or semi-literate and provide benefits to highly educated citizens. There is a reason to use in electoral politics such legal means as deprivation of voting rights of people who abuse drugs and alcohol, citizens deprived of parental rights. These signs may well be legally established and fixed.

There is a need for theoretical development and practical implementation of a system of such legal means that will allow reasonable and harmonious combination in electoral politics of the advantages of universal and qualification, equal and unequal suffrage. Only such a system will allow, in the process of implementing electoral politics, to guarantee and realize the rights and legitimate interests of both the entire state, society, and the individual, to the extent and to the extent that this will help overcome obstacles to the coming to power of the most deserving people, able to ensure the well-being and effective development of the entire society.

All institutions of national statehood must resolutely reject the thesis that "the end justifies the means." Historical experience shows that the use of inhumane means that degrade human dignity, trample on the rights and freedoms of man and citizen, but are aimed at achieving seemingly plausible goals, inevitably leads to the dehumanization of the goals themselves, to turning them into guidelines that are not perceived and not supported by a significant part of the population. Only having the quality of social value, state legal means can be effective, bring a positive result, act as a criterion for the effectiveness of legal policy.

The seventh paragraph is devoted to the study of the mechanism for building an electoral-legal policy in the Russian Federation. The main attention is paid to the theoretical characterization of the elements of this mechanism. The activities of each of the subjects of civil society and public authorities indicated in § 2 of the dissertation in the field of legal regulation of electoral relations, as well as relations related to the legal support of democracy, can be considered as an element of the mechanism for building electoral politics.

The dissertation provides an analysis of the forms, methods of activity of each of the subjects in this direction. It is noted that the question of the mechanism for building electoral legal policy is of great importance.

The answer to it affects the entire system of formation and implementation of such a policy in Russia. Of the subjects considered in the chapter, a citizen of the Russian Federation comes to the fore, and all other subjects are derivatives of him.

At the same time, the behavioral reaction of citizens of the Russian Federation and organizations to the reforms carried out by the authorities is a reflection of the effectiveness of the nationwide electoral legal policy.

Chapter II - “Electoral-legal policy. Electoral legal culture. Electoral-legal activity”, is devoted to the study of the relationship and mutual influence of electoral-legal policy, electoral-legal culture and electoral-legal activity, the formulation of relevant definitions, and the identification of ways to improve the relationship between these phenomena.

The core positions of Chapter II are the following provisions.

1. Comprehensive modernization of Russian society is a strategic course aimed at the qualitative transformation of all aspects of society's life 7, including the electoral sphere. This course provides for an active electoral policy, the main strategic direction of which is not the simple reproduction at certain intervals of representative state and municipal bodies as the basic components of the mechanism of the state, but the improvement of the system of government, its modification, the formation of power structures capable of adequately responding to diverse problems, Medvedev D. A. Russia, forward! // URL: blog.kremlin.ru (Date of access: September 15, 2009).

arising in connection with the complication and acceleration of social processes.

2. To build and effectively implement electoral policy, a higher intellectual and spiritual and moral level of the electorate is required. An effective electoral policy is possible on the basis of the high legal culture of the Russian society, its citizens, officials, which is an essential part of the general culture. Ultimately, legal culture is one of the main levers for the formation of discipline, organization, and, on their basis, activity in the implementation of rights and freedoms in the electoral sphere of legal life.

Undisciplined and unorganized behavior in electoral legal relations hinders the solution of the tasks facing citizens as subjects of electoral legal policy.

3. The electoral-legal culture of a person is a concrete manifestation of his legal culture. Structural elements of electoral-legal culture are the phenomena of legal reality in their special manifestation as standards of electoral behavior: suffrage and the corresponding (electoral) sense of justice; electoral legal relations and the legality of the relevant actions; orderliness of the electoral sphere of legal life; lawful activity of the subjects of these legal relations. The electoral-legal culture acts both as a goal and as a means of achieving the goals of the electoral-legal policy, increasing its effectiveness. Measures aimed at raising the level of the electoral legal culture of the subjects must be present in the content of the electoral legal policy.

4. The electoral-legal culture of an individual largely acts as a certain level of legal awareness and legal behavior in the sphere of exercising the most important political rights and freedoms of citizens - those associated with the formation and activities of representative bodies of state power and representative bodies of local self-government. The goals of electoral-legal policy can only be achieved if the society is dominated by the activist legal consciousness of citizens who have completely and forever got rid of the paternalistic legal consciousness.

5. The highest principle of the activist legal consciousness of citizens as subjects of electoral politics is the recognition of the independence of each member of society, his right to free expression of will. The actions of the authorities in electoral relations should be regulated by law.

Citizens with an activist sense of justice do not need guardianship; they do not perceive state care as the main condition for their well-being.

Electoral politics, taking into account this approach, should ensure fair “rules of the game” in electoral processes, the formation of such a power that would protect and protect the individual, and everyone, uniting with everyone, would remain as free as he was before (J. J. Rousseau ).

A person is recognized not only as the one who is able to obey, but in particular the one who acts independently, independently, according to his own will.

6. It is a free and responsible personality that acts, on the one hand, as the subject of building and implementing electoral politics, and on the other hand, as an object, on the formation of an activist legal consciousness of which such a policy should be oriented. The above provisions make it possible to define the electoral sphere of the legal life of society as a sphere of free, autonomous activity of citizens and organizations created by them, which act as independent and independent entities in this sphere. A legally literate, cultured, active citizen who builds his electoral behavior on the basis of law and morality is extremely inconvenient for manipulation, independent not only from the state, but also from stronger people. Such citizens can contribute to the achievement of the goals of electoral-legal policy to the greatest extent.

7. Electoral legal culture can be subdivided into the culture of society, social groups and institutions (political parties, other public associations of citizens, state authorities and local governments, state and municipal employees, etc.), individual citizens.

The following characteristics can be considered indicators of the level of development of the electoral legal culture of society: 1) the degree of development and perfection of the electoral and accompanying legislation; 2) the degree of perfection of legal practice in the electoral sphere; 3) the level of observance and implementation by the subjects (electoral bodies, voters, political parties, candidates for elective positions, etc.) of the provisions of the law. 4) the level of conscious lawful activity of the subjects of the electoral sphere of the legal life of society; 5) the quality of the interpretation of the relevant legal norms; 6) the existence of a system of legal training for election organizers, as well as educational and educational work with voters; 7) accessibility of electoral and legal knowledge, relevant information, etc.; 8) the level of development and demand for legal science, scientific understanding of electoral legal relations. The electoral and legal culture of society is an important factor in the rule of law and the state and legal progress of society. In a society with a high level of electoral-legal culture, the process of legal regulation of relevant relations becomes more efficient and orderly, and electoral politics becomes more effective. If the electoral-legal culture is not sufficiently developed in a society, then this is a serious obstacle to the implementation of electoral politics, ensuring the legality of electoral processes, significantly complicates legal regulation, forces the legislator to complicate electoral-legal mechanisms and develop systems of non-legal guarantees of legality.

8. Three groups of elements can be distinguished in the electoral-legal culture of the individual: legal awareness, positive legal feelings, and positive activity of the individual in the electoral sphere. Such activity is manifested in the field of knowledge of electoral legal phenomena, in the field of electoral lawmaking, in law enforcement activities, in actions against violations of electoral legislation, the established procedure for the flow of electoral processes. A legally cultural voter can be characterized on the basis of such criteria as: a) respect for the right to vote and the corresponding rights of other citizens; b) the level of legal awareness, erudition, education, knowledge and understanding of the principles of the electoral policy of the state; c) qualitative characteristics of legal consciousness; d) the habit of observing law and order; e) the quality of practical behavior in the electoral sphere, the degree of its legitimacy.

Electoral politics, thus, in a certain part acts as a state strategy and tactics of activities to increase the level of electoral legal culture of both society and the individual.

9. The electoral and legal culture of officials of the state and local self-government requires special attention. The corresponding culture of all other subjects of electoral politics depends on this. In the most general form, the electoral-legal culture of an official includes elements inherent in the electoral-legal culture of all voters (the person as a whole). At the same time, it is possible to distinguish features of the culture of officials that characterize the features of their activities in the electoral sphere: 1) this culture of officials is inextricably linked with their general political and legal culture. Political culture is of particular importance. The political culture of an official as a subject of electoral-legal politics means a style of work that combines the awareness of its goals with initiative, diligence, and discipline. Of fundamental importance are such qualities as a sense of the new, closeness to voters, readiness to take responsibility for oneself, the desire to constantly improve the professional (management) level, exactingness towards oneself and others, an attentive, sensitive attitude towards voters; 2) a high electoral and legal culture of officials means a deep, sincere respect for the personality of the voter, rights, dignity; respect for the rights of the individual as a component of the electoral and legal culture of officials is inseparable from the recognition of its dignity; 3) an integral property of the electoral-legal culture of employees of state and municipal bodies - their observance of the rule of law in electoral processes; 4) electoral-legal culture means the professional competence of an official, the acquisition of special knowledge and experience; 5) the level of electoral and legal culture of officials is also determined by their personal qualities.

Officials whose professional activities are related to the formation and implementation of electoral-legal policy must have certain personal qualities: sufficiently high intellectual, characterological, communicative data, integrity, independence, etc.

10. The electoral-legal culture is manifested in real behavior, vigorous activity in the field of building and implementing electoral politics. Electoral legal activity is one of the most important types of legal and social activity. This is the intensive activity of a citizen in the field of building and implementing electoral politics, one of the forms of legally significant existence of citizens associated with the realization of their right to participate in managing the affairs of society and the state. One of the main conditions for the development of civil society and the rule of law in Russia is the active participation of citizens in the socio-political processes of the Russian regions. This dissertation focuses on this aspect. A number of proposals are put forward to increase such activity.

Chapter III - “Types of electoral-legal policy and forms of its implementation: ways to improve”, is devoted to substantiating the need and criteria for identifying elements of the structure (types) of electoral policy, the general theoretical characteristics of its varieties, establishing and analyzing the forms of its implementation, as well as ways to improve them.

Based on the analysis of existing approaches to the issue of structuring legal policy (S. S. Alekseev, A. P. Korobova, A. V. Malko, S. I.

Oreshkin, P.N. Panchenko, V.A. Rudkovsky, V.V. Subochev, K. V. Shundikov, etc.) and based on the provisions of the first chapter of the dissertation, positions are formulated that: a) different approaches should not be opposed, since

each of them reflects the real aspects of legal policy, and therefore has the right to exist; b) any variety (as well as legal policy in general) is distinguished by the complexity and diversity of its structure; c) the features of the structure and internal organization of the electoral-legal policy are determined by its functional purpose in the system of means of state management of electoral processes, the role that it is called upon to play in the political-legal system of society;

these features, therefore, are not random and arbitrary, but necessary and regular, the same dependencies in the ratio of structure and functions operate here as in other system objects; d) in order for electoral politics to be able to fulfill its social purpose, to solve the tasks facing it, it must have a certain structure; any distortions in the structure affect the efficiency of its functioning, reduce social returns. As the policy under consideration faces new tasks and the need to implement new functions arises, its structural organization also becomes more complicated.

It is concluded that the structure of electoral politics can be represented as a number of interrelated components, each of which is characterized by a special system-forming beginning (principle, criterion). In some cases, this is a historically established system of law, in others - a federal form of government, in others - features of the legal regulation mechanism, etc. This allows, respectively, to single out sectoral (institutional), federal and some other subsystems in the structure of electoral politics as a holistic education.

The components (varieties) of electoral politics are analyzed in sequence. Depending on the historically established system of law, it contains such areas as constitutional (electoral law), criminal law, administrative, financial and legal, information and legal policy in the electoral sphere. Each of the named elements of electoral policy is focused on “servicing” the relevant branch (institution) of law, and together they are designed to provide political and managerial prerequisites for the effective functioning and development of the relevant branches (institutions) of law, improving their regulatory and protective impact on the electoral sphere of legal the life of society. This affects the development of the entire system of law.

Definitions of the concepts “constitutional and legal electoral politics”, “criminal legal electoral politics”, “administrative legal electoral politics”, “financial legal electoral politics”, “informational legal electoral politics” are formulated;

their features are revealed.

The next criterion for structuring electoral politics is the structure of the state. Based on the analysis of existing theoretical positions (R. G. Abdulatipov, M. Kh. Gukepshokov, A. V. Dunaev, M. V.

Dyshekov, K. L. Ivanova, Yu. A. Krokhina, A. Yu. Lavrik, A. V. Malko, M. P.

Petrov, V. A. Rudkovsky, I. N. Senyakin and others) it is proved that the policy under consideration can be divided into a) federal (ensuring the national interest); b) regional (the policy of the federal center to create an effective mechanism for the legal regulation of electoral processes in the constituent entities of the Russian Federation, federal districts, taking into account regional interests); c) municipal (the same - in municipalities; d) the policy of the constituent entities of the Russian Federation ("the policy of the regions"

as an independent phenomenon); e) policy of local self-government bodies (policy of municipalities).

Describing the specifics of these varieties, the applicant proceeds from the fact that all of them are constituent parts (components) of electoral politics as an integral entity. They do not exist in isolation, but complement each other.

Noting that among the factors that determine the differentiation of electoral politics into types are the mechanism of legal regulation and the originality of the main areas of legal practice in the electoral sphere, the dissertation author states that such relatively independent areas as law-making, law enforcement, law interpretation, law enforcement are formed in the structure of the policy under consideration. , information-educational, organizational and technical. They can be considered both as types of electoral-legal policy and as forms of its implementation. Further, the named forms are sequentially revealed, the ways of their implementation in real relations, ways of optimization are analyzed. The main positions are:

1) federal state bodies should not go in the direction of further centralization of the electoral legislation (and, as a result, electoral politics), but along the path of building a system of organizational and methodological assistance to the constituent entities of the Russian Federation;

2) the specificity of law enforcement activity in the electoral sphere consists in its pronounced personal character, which manifests itself in two aspects. On the one hand, we are talking about the subject of electoral law enforcement - a person who, according to the law, has the ability to apply the law, and on the other hand, each act of applying the relevant norms directly or indirectly affects the individual, his rights, freedoms, legitimate interests, duties, electoral legal status and often the political future. It is important to remember that the personification of the law enforcement form of the implementation of electoral politics does not exclude, does not ignore the social significance of this activity;

3) electoral law enforcement is associated with the separation of state power and the existence of legislative guarantees for electoral bodies as the main subjects of the implementation of electoral legal policy. In the process of law enforcement activities, election commissions are called upon to ensure the exercise and protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation, to prepare and conduct elections and referendums in the Russian Federation;

4) electoral law enforcement is largely due to the presence of constitutional guarantees for the judiciary. The effectiveness of judicial law enforcement can be determined by the following criteria: a) accessibility of justice for all participants in electoral legal relations; b) the quality of consideration of relevant cases; c) efficiency; d) the accuracy of execution of judicial acts;

5) a general theoretical analysis of the decisions of the bodies of constitutional justice of the Russian Federation adopted on issues of electoral law and the electoral process, as well as scientific literature, testifies to the role that constitutional and statutory courts play in the process of building and implementing electoral policy, in the formation and development of the institution of elections. They pay serious attention to the legal problems of organizing and holding elections, the participation of citizens in the management of state affairs throughout their activities. The practice of the Constitutional Court of the Russian Federation is especially significant. Its decisions have a significant impact on the development and application of electoral and related legislation during the period of the Federal Laws: December 6, 1994 "On the Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation"; dated September 19, 1997

“On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”; dated June 12, 2002 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation". There is no reason to believe that this influence will weaken;

6) the implementation of the electoral-legal policy is of a procedural nature. All implementation activities are divided into two stages: a) pre-election (post-election, inter-election), during which the improvement of electoral legislation, training and retraining of subjects, activities for the political and legal education of voters, etc. are carried out; b) the electoral process, which is formed by normatively established forms of streamlining legal activities.

It is substantiated that "electoral process" and "electoral process" are unequal concepts and phenomena; the first is narrower, and they relate to each other as a part and a whole. In this sense, the electoral process is only a part of the mechanism for the implementation of electoral-legal policy. This mechanism finds its final expression in the electoral process.

At the same time, the electoral process is the main, defining part of the mechanism for implementing electoral politics. Being objectified in a specific procedural form, this process is of great importance for ensuring the right of citizens of the Russian Federation to participate in the management of state affairs;

7) the informational form of the implementation of electoral politics is of particular importance. All the organizational, material resources of the state involved in the electoral sphere, designed to respond and ensure the relevant processes of social life, are associated with information. The search for ways of its most rational organization and use, the formation and quality assurance of that part of it that formalizes the directions of the state, public organization, primarily legal information, is the most important task;

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