The composition of election commissions. Precinct election commission. Central Election Commission. Withdrawal from the Electoral Commission

Elections to government bodies at various levels in the Russian Federation are carried out with the direct participation of special election commissions. The way in which they form and organize their work is determined at the level of federal legislation. There are a lot of nuances characterizing the activity of election commissions, and all of them require regulation - in particular, in the aspect of determining the order of formation of certain structures responsible for organizing elections. What are the main sources of law? What is the procedure for the formation of election commissions at this or that level?

What electoral commissions work in Russia?

Before studying how electoral commissions are formed, as well as how the members of the election commission of its participants withdraw from the list, we will study the basic information about the relevant structures that solve the most important tasks in the framework of organizing elections to various Russian authorities.

The Electoral Commission is a collegial body that is formed in the manner determined by the legislation of the Russian Federation, organizes and ensures the holding of various elections. In accordance with the legislation of the Russian Federation - first of all, the provisions of Federal Law No. 67 adopted on 12.06.2002, the following structures can function in our country:

- The Central Election Commission of the Russian Federation or the CEC of the Russian Federation;

- electoral commissions of regions;

- Commission of municipalities;

- district election commissions;

- territorial commissions;

- Precinct election commissions.

The composition of election commissions in these varieties is determined by separate provisions of federal legislation.

The electoral commission may be superior or inferior to other commissions that ensure the conduct of elections at an appropriate level.

The work of the structures in question is carried out collectively. The Electoral Commission has the right to proceed to its work if it is collected at least two-thirds of the established. In the event that the commission carries out activities on an ongoing basis, it meets at its first meeting on election issues no later than 2 weeks after the decision was made to appoint its participants with a decisive vote, however, not earlier than the expiry of the term of office of the previous election commission.

Once the new commission is collected, then the powers of the previous one cease. Thus, the term for exercising the powers of the electoral commission is calculated from the moment of the implementation of its first meeting.

In all committees, chairmen should be appointed. They are chosen from among those citizens who are members of the election commissions at the appropriate level. So, the chairman of the CEC of the Russian Federation is elected by the members of the relevant election commission. In turn, the head of the election commission at the subject level receives his position on the proposal of the CEC of the Russian Federation.

The chairman of the election commission at the municipality level is elected:

- if there is a proposal from the commission of the subject of the Russian Federation - in accordance with it;

- in the absence of a proposal from the commission of the region on proposals made by members of election commissions with the right to a decisive vote.

The chairman of the election commission of the settlement is elected based on the proposal of the district commission or territorial. The law also provides for the option, in which the chairman is appointed on the basis of proposals of members of the settlement commission, who have the right to a decisive vote.

The head of the commission at the district level is appointed from among its participants having a decisive vote, and is also dismissed from his post by a decision of a higher election commission. The chairman, in turn, is appointed and dismissed by the territorial commission in accordance with the decision of the electoral commission at the level of the subject of the Russian Federation. The head of the precinct commission is appointed and dismissed by the decision made by the territorial election commission.

The legislation of the Russian Federation also provides for the appointment of deputy chairmen, as well as secretaries of commissions. Similarly, candidates for the relevant positions should be included in the composition of election commissions. Participants having the right to a decisive vote are required to attend the meetings. They have the right to initiate voting on any issues within the competence of the relevant election commission in accordance with the agenda.

CEC of the Russian Federation: formation of composition

Let's consider how the composition of the Central Election Commission of the Russian Federation, as well as the structures subordinate to it, is determined.

The CEC of the Russian Federation should consist of 15 members. Of these, 5 are appointed by the State Duma, 5 more are appointed by the Federation Council, and 5 by the President of the Russian Federation. Members of the CEC should have a diploma of higher education. After their appointment, they elect the chairman, his deputy, and the secretary of the commission.

Formation of election commissions in the regions: general provisions of legislation

In Federal Law No. 67 there are provisions establishing general rules regarding the activities of other commissions subordinate to the CEC of the Russian Federation. So, in accordance with this Federal Law, the formation of relevant structures is carried out on the basis of proposals received from political parties. At the same time, each party has the right to propose to the election commission only one member having the right to a decisive vote, unless otherwise prescribed by federal legislation.

The composition of the election commissions in question can be represented by citizens who pass the state or municipal service, no more than half. An exception is established for election commissions established in military units located in remote areas, as well as abroad. A citizen whose candidature is proposed to be included in a certain commission should give his written consent to this.

If the composition of election commissions of appropriate levels is not formed in a manner determined by law, then the higher-level organization determines it. In particular, if it is a matter of establishing an electoral commission of a constituent entity of the Russian Federation, in the event that its composition is not determined at the level of regional bodies, this task is decided by the CEC of the Russian Federation.

Let us now examine in greater detail the manner in which the election commissions are being established.

Formation of electoral commissions at the level of constituent entities of the Russian Federation

First of all, it should be noted that the composition of election commissions of the constituent entities of the Russian Federation can include at least 10, and not more than 14 members who have the right to a decisive vote. The specific norm is established by the legal act of the region.

The formation of an electoral commission at the level of a constituent entity of the Russian Federation is carried out by the parliament and the head of the executive power on the basis of proposals coming in the order determined by law. One half of the regional commission should be appointed by the regional parliament, the other by the head of the executive branch. At the same time, at least half of the appointed members of the election commission should be determined by both parliamentarians and the head of the executive branch, based on proposals received from political parties. In turn, the composition of the election commissions of the regions should include at least 1 member of the election commission, appointed on the basis of proposals received from the CEC of the Russian Federation.

Formation of electoral commissions at the level of municipalities

At the municipal government level, the election commissions are established by representative bodies proceeding from proposals that are also received in the manner determined by federal legislation. At the same time, the composition of the electoral commission of a municipal formation must consist of at least half of the members appointed on the basis of proposals received from the side:

- political parties;

- Associations that nominated candidates admitted to receive mandates within the representative body of the municipality.

In turn, half of the members of the electoral commission at the appropriate level should be appointed on the basis of proposals that came from the higher commission - in the event that the electoral commission is established at the level of the district, the district or the inner city territory.

If the commission is formed at the settlement level, then half of its composition is determined on the basis of the following norms:

- If the powers of the electoral commission at the district level are not delegated to the territorial structure, then 2 members of the relevant structure in the settlement receive their office on the basis of proposals from the election commission of the district, and the rest - according to the lists from the territorial commission;

- If the powers of the election commission of the district are transferred to the territorial commission, then the electoral commission members in the settlement receive their office on the basis of proposals that are formed by the territorial commission;

- If the powers of the territorial structure are transferred to the election commission of the district, the members of the settlement commission should be appointed based on proposals received by the district commission.

At the same time, the proposals put forward by the election commission of the region or other constituent entity of the Russian Federation, the district election commission or the territorial commission, should be prepared taking into account the opinion of public structures, the proposals of voters, and the electoral committee of the previous constituency.

Formation of district commissions

The next level of activity of the election commissions is the district level. What will be the composition of the district election commissions, determine the authorities at the level of the subject of the Russian Federation, as well as municipal authorities. The formation of the relevant structure is based on proposals coming in the order determined at the level of federal legislation, as well as taking into account the opinion of the representative structures of municipalities and voters.

At least half of the composition of the district electoral commission when selecting a constituent entity of the Russian Federation should be determined by a higher commission proceeding from proposals received from political parties. In turn, when choosing municipal authorities, the opinion of the electoral associations that nominated candidates admitted to receiving mandates in the representative structure of the municipality should also be taken into account.

Formation of territorial commissions

The composition of the territorial election commission can be represented by the number of members with the right of decisive vote from 5 to 14. The formation of electoral commissions at the appropriate level is carried out by the commission at the level of the subject of the Russian Federation proceeding from proposals coming in the order determined by federal legislation, Municipality and voters.

The composition of the territorial election commission should be formed not less than half, taking into account the proposals received from the side:

- political parties;

- associations that nominated candidates within the framework of the distribution of mandates in the representative structure of the municipality.

Let us now study the peculiarities of the formation of precinct election commissions.

Formation of precinct election commissions

The composition of the precinct election commission of the polling station is determined taking into account the proposals coming in the manner determined by federal legislation, as well as the views of the representative structures of municipalities and voters. It is noteworthy that the number of relevant proposals is not limited by legislation.

The precinct election commission must be formed by at least half of the territorial election commission on the basis of proposals from:

- political parties;

- associations that nominate candidates within the framework of the distribution of mandates in the representative structure of the municipality.

A situation is possible in which citizens who are proposed to be included in the composition of the election commission at the considered level are not approved at the relevant post. In this case, a reserve is formed for the composition of precinct election commissions, which is conducted by the electoral commission at the level of a constituent entity of the Russian Federation in the manner determined by the CEC of the Russian Federation.

Terms and order of termination of powers of participants of election commissions

Let us consider one more aspect of the work of the election commissions of the Russian Federation - the timeframe, as well as the procedure for terminating the powers of their participants. So, as far as members of electoral commissions having the right of decisive vote are concerned, their term of office expires when the corresponding commission ceases to function, unless otherwise specified by law.

How to withdraw from the election commission? The law also regulates this procedure.

In some cases, the powers of a member of an electoral commission with the right to a decisive vote may be suspended on the basis of a decision of the commission, which in turn may be based on the application of a citizen originally appointed by a member of the election commission. But this is possible only on condition that this procedure does not lead to the fact that the composition of the commission will be incomplete. If this condition is not met, then the citizen's powers can be terminated in accordance with the decision of the body that appointed him as a member of the commission. If this structure does not make a decision to withdraw a citizen from the commission within 1 month (10 days during the campaign period) from the moment when the given member of the election commission sent an application to the relevant body to withdraw from the election commission, the decision on annulment His powers are taken directly by the electoral commission within 3 days from the expiration of the specified terms.

Appointment of a new commission member

In the event that the originally appointed member of the commission withdrew from it in the manner prescribed by law, the body that appointed him should invite a new candidate to the election commission - within 10 days after the authority of the former member of the commission was terminated while the campaign period was in progress, Or within 3 months - in other periods. If this requirement is not met, the new member of the election commission is appointed by the higher-level structure. For example, if there is a need to approve a candidate in the relevant position at the subject level, then the decision is taken by the Central Election Commission. The composition of the electoral committee of the municipality, in turn, is formed with the participation of the commission of the subject of the Russian Federation. One way or another, the appointment of a new member of the election commission is carried out by the structure before which he is accountable.

At the same time, if a precinct election commission is being formed, then a person must be appointed from the reserve, of which we mentioned above. This procedure takes into account the requirements established by law and in the manner determined by the CEC of the Russian Federation.

The status of participants in electoral commissions with the right of advisory vote: nuances

So, we examined how the appointment of a citizen to the position of a member of the electoral commission with the right of decisive vote, how his terms of office are determined, and how the electoral commission withdraws in accordance with the procedure established by the legislation of the Russian Federation. We will now study the peculiarities of the status of members of election commissions, which, in turn, have the right to advisory vote.

These citizens as a whole have the same rights that characterize the activities of the participants in the commissions with a decisive vote, with the exception of powers related to:

- with the issuance and signing of electoral bulletins, as well as absentee ballots;

- with participation in the processing of ballots;

- with the formation of a protocol on the results of voting;

- with participation in decision-making on those issues that are within the competence of the relevant commission, as well as their documentation;

- with the formation of protocols on offenses.

It can be noted that the legislation provides for the rules, according to which political parties or associations have no right to propose several candidates for approval by the commission members.

The terms and termination of the powers of a commission member with an advisory vote

If members of the election commissions of the Russian Federation include members entitled to a consultative vote, nominated by those candidates who have been elected, by associations participating in the distribution of mandates, as well as by political parties, then their term of office lasts until the end of the procedure for registering candidates, as well as their lists for The next election to the appropriate authority or to a similar post.

The powers of other members of the electoral commission, which works on an ongoing basis, with the right of deliberative vote terminate at the time of the end of the campaign. The law also provides for a mechanism in accordance with which termination of the powers of participants with an advisory vote is possible at the time of termination of the powers of the relevant election commissions. In the event that the candidate does not register, the powers of the participants with an advisory vote are terminated at the time of the denial of registration.

In addition, the body that appointed a citizen as a member of an electoral commission with a consultative vote may terminate his powers. Similar rules are established by law for candidates. It can be noted that the powers of the participants with an advisory voice do not cease in the event that the relevant electoral committee is disbanded.