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

Elections to the authorities at various levels in the Russian Federationare 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 learning how to formelectoral commissions, as well as how to withdraw from the composition of the election commission of its participants, we will study the basic information about the relevant structures that solve the most important tasks in the framework of organizing elections to various authorities of Russia.

The Electoral Commission is a collegial body thatis 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;

- election 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 Committee may be superior or inferior to other commissions that ensure the conduct of elections at the appropriate level.

The work of the structures in question,is carried out collectively. The Election Commission is entitled to proceed to its work if it is collected by at least two-thirds of the established. If 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 election commissions at the appropriate level. So, the chairman of the CEC of the Russian Federation is elected by the members of the corresponding election commission. In turn, the head of the election commission at the subject level receives his position at the suggestion 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 electedbased on the proposal of the district commission or territorial. The law also provides for the option, in which the chairman is appointed based on the 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 fromthe number of its participants having a decisive vote, and also is dismissed from the post by the decision of the 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 forappointment 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 who have 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 us 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 generalrules regarding the activities of other commissions subordinate to the CEC of the Russian Federation. Thus, 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 commissionsspeech, can be submitted by citizens passing 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 the composition of a commission should give his written consent to this.

In the event that in the manner prescribed by lawthe composition of election commissions of appropriate levels will not be formed, then the higher 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 consider in more detail how 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 compositionelectoral commissions of the constituent entities of the Russian Federation may include not less than 10, and not more than 14 members having the right to a decisive vote. The specific norm is established by the legal act of the region.

Formation of an electoral commission at the level of a constituent entity of the Russian Federationis carried out by the parliament and the head of the executive power on the basis of proposals coming in the manner prescribed 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 election commissions at the level of municipalities

At the municipal government level, the institutionelection commissions is carried out by representative bodies proceeding from proposals, also received in the manner determined by federal legislation. At the same time, the composition of the electoral commission of a municipal formation must be no less than 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 commissionThe appropriate level should be appointed on the basis of proposals that were received from the higher commission - if an electoral commission is established at the district, district or intracity territory level.

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 notdelegated to the territorial structure, then 2 members of the relevant structure in the settlement receive their position based on the proposals of the district electoral commission, and the rest - according to the lists from the territorial commission;

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

- if the powers of the territorial structure are transferred to the electoral commission of the district, the members of the settlement commission must be appointed on the basis of proposals received by the district commission.

With this, the proposals that are put forwardan election commission of a region or another subject of the Russian Federation, an election commission of a district or a territorial commission must be prepared taking into account the opinions of public structures, voter proposals, and also an election commission of a district of the previous composition.

Formation of district commissions

The next level of activity of election commissions isdistrict. The structure of district election commissions will be determined by the authorities at the level of the subject of the Russian Federation, as well as by the municipal authorities. The formation of the relevant structure is carried out on the basis of proposals received in the manner determined at the level of federal legislation, as well as taking into account the views of the representative structures of municipalities and voters.

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

Formation of territorial commissions

The composition of the territorial election commissioncan be represented by the number of members with the right of a decisive vote, from 5 to 14. Formation of electoral commissions at the appropriate level is carried out by the commission at the level of the constituent entity of the Russian Federation on the basis of proposals received in the manner specified by federal law, as well as taking into account the position of representative structures of the municipality and voters.

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

- 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 features of the formation of district electoral commissions.

Formation of precinct election commissions

The composition of the precinct election commissionThe polling station is determined by taking into account the proposals received in the manner determined by federal law, 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 law.

The precinct election commission must be formed by the territorial electoral committee no less than half based on proposals from:

- political parties;

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

There may be a situation in which citizens whoproposed for inclusion in the composition of the election commission at the level under consideration, are not approved at the appropriate position. In this case, a reserve is formed for the composition of precinct election commissions, which is maintained by the electoral commission at the level of the subject of the Russian Federation in the manner determined by the CEC of the Russian Federation.

Terms and procedure for termination of powers of members of election commissions

Consider another aspect of the work of electoralCommissions of the Russian Federation - terms, as well as the procedure for termination of powers of their participants. So, with regard to members of election commissions who have the right of a decisive vote, their term of office expires at the time of termination of the relevant commission, unless otherwise provided by law.

How to get out of the election commission? By law, this procedure is also regulated.

In some cases, the powers of a member of the electoral commission,having the right of 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 who was originally appointed as a member of the electoral commission. But this is possible only if this procedure does not lead to the fact that the composition of the commission will be incomplete. If this condition is not fulfilled, then the powers of the citizen can nevertheless 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) from the moment when the member of the electoral commission sent an application for withdrawal from the electoral commission to the appropriate body, then the decision to annul his authority shall be taken directly by the electoral commission within 3 days from the time of the expiration of the indicated periods.

Appointment of a new member of the commission

In the event that the originally appointed memberthe commission came out of it in a manner prescribed by law, the body that appointed him must invite a new candidate to the electoral commission - within 10 days after the powers of the former member of the commission were 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 electoral commission is appointed by the already higher structure. For example, if there is a need to approve a candidate for the relevant position at the subject level, the decision is made by the Central Election Commission. The composition of the election 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 electoral commission is made by the structure to which he is accountable.

In this case, if the district is formedthe election commission, the person must be appointed from the reserve, which we mentioned above. This procedure is carried out taking into account the requirements established by law and in the manner determined by the CEC of the Russian Federation.

Status of participants in electoral commissions with the right of an advisory vote: nuances

So, we looked at howthe appointment of a citizen to the position of a member of the electoral commission with the right of a decisive vote, how the terms of his powers are determined, as well as how to exit from the election commission in the manner approved by the legislation of the Russian Federation. Let us now study the peculiarities of the status of members of election commissions, who, in turn, have an advisory vote.

These citizens generally have the same rights that characterize the activities of commission members with a decisive vote, with the exception of the powers related to:

- with the issuance and signing of election ballots, as well as absentee documents;

- with the participation in the processing of ballots;

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

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

- with the formation of protocols on offenses.

It can be noted that the legislation provides for the norms in accordance with which political parties or associations are not entitled to propose several candidates for approval by members of the commission.

Terms and termination of powers of the party member with a deliberative vote

If the composition of election commissions of the Russian Federation includesthose eligible to vote in an advisory capacity, nominated by candidates that have been elected, associations participating in the distribution of mandates, as well as political parties, their term of office lasts until the end of the procedure for registering candidates and their lists in the next elections to the appropriate authority or same for a similar post.

The powers of the other members of the electoral commission, whichworks on an ongoing basis, with a deliberative vote terminated at the time of the completion of the campaign. The law also provides for a mechanism whereby the termination of powers of participants with an advisory vote is possible at the time of the termination of powers of the relevant election commissions. If the candidate fails to register, the powers of the participants with an advisory vote shall cease at the time of the refusal of registration.

In addition, the authority that appointed the citizena member of the electoral commission with the right of an advisory vote, may terminate his powers. Similar rules are established by law and for candidates. It may be noted that the powers of the participants with a deliberative vote do not cease if the relevant electoral commission is disbanded.