Правовые гарантии избирательного процесса в чрезвычайных обстоятельствах в России

Legal Guarantees of Holding Elections in Extraordinary Circumstances in Russia: Procedural Aspects and Unresolved Issues

Introduction: The article discusses the legal guarantees of elections and the observance of citizens’ electoral rights in emergency circumstances. The purpose of this article is to identify these guarantees and related current issues in accordance with Russian law. The subject of the study includes constitutional and legal principles of elections, Russian legislation regulating electoral relations in the field of voting in extraordinary circumstances, by-laws of the Central Election Commission of the Russian Federation. The purpose of the article is to determine the legal guarantees for holding elections in extraordinary circumstances in accordance with Russian legislation. Methodology and materials: general and particular scientific methods of cognition. The author used the analysis method to identify the features of some methods of regulation (postponement and suspension of elections). Using a formally dogmatic method, the author came to the conclusion that there is a legal gap in the voting procedure in extraordinary circumstances. The synthesis method made it possible to take into account the disadvantages of remote electronic voting and come to a conclusion about the risks when using this form of voting. Research results: The methods of legal regulation at the stage of holding elections in emergency situations have been identified. Elections may be postponed or suspended. These decisions can be made, among other things, based on consultations with law enforcement agencies in order to plan elections as a set of numerous measures and analysis of risks. Termination of elections is not provided for by the current legislation. The legal uncertainty of using the category of “postponement of elections” in the presence of a threat to the life and health of citizens is substantiated. The alternative voting methods provided for by the current legislation are analyzed. Some types of early voting do not provide for a voter to visit a polling station. Remote electronic voting has obvious advantages. However, at the moment, the legal regulation of the remote electronic voting system in Russia has serious drawbacks. The inadmissibility of using remote electronic voting as the only form of voting is substantiated. A legal gap has been identified in the electoral legislation in the form of the lack of sufficient regulation of the voting procedure when moving election documents by members of the precinct election commission in the event of a threat to the life and health of persons present at the polling station. The future regulations should reflect not only the consistent order of organizational actions of PEC members, including the suspension / resumption of voting at the PEC, the preservation of election documentation, but also consolidate the provisions on the protection of life and health of PEC members, observers and other persons located in the premises of the PEC. Conclusions: The study of legal guarantees for holding elections in emergency circumstances will make it possible to develop a concept of measures aimed at minimizing the negative consequences of certain social and natural phenomena in the field of electoral law. The regulatory approval of the relevant rules will eliminate legal uncertainty in this area, and therefore the actions of participants in the electoral process in critical situations will be determined.