Delegated rulemaking by the Central Election Commission of Russia
The issue of systematization of legislation is quite relevant and the task of solving it is part of the state legal policy. At the same time, the solution of the above problem is impossible in isolation from the study of a number of issues affecting both the theoretical and practical aspects of lawm...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Peoples’ Friendship University of Russia (RUDN University)
2023-06-01
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| Series: | RUDN Journal of Law |
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| Online Access: | https://journals.rudn.ru/law/article/viewFile/35028/22150 |
| _version_ | 1797796865937244160 |
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| author | Anton I. Lopatin Akhmat I. Malkarov |
| author_facet | Anton I. Lopatin Akhmat I. Malkarov |
| author_sort | Anton I. Lopatin |
| collection | DOAJ |
| description | The issue of systematization of legislation is quite relevant and the task of solving it is part of the state legal policy. At the same time, the solution of the above problem is impossible in isolation from the study of a number of issues affecting both the theoretical and practical aspects of lawmaking and law enforcement activities. For example, one of these key issues is the hierarchy of normative legal acts, including those issued by state bodies of the Russian Federation. The issue of standard-setting powers of certain state bodies is quite controversial. The article investigates the practice of implementing the institution of delegated legislation in the Russian Federation on the example of the practice of delegated rulemaking of the Central Election Commission (CEC) of Russia. The study consistently considers issues of the constitutional and legal status of the Central Election Commission of the Russian Federation, including regulatory powers related to it. Various points of view relevant to the scientific community on this issue have been outlined. At the same time, the authors proceed from understanding that rulemaking powers are integral attribute properties of the constitutional and legal status of the CEC of Russia. Based on the tasks set, the issues of the forms of regulatory legal acts of the CEC of Russia as sources of constitutional law are investigated. The authors indicate the need to diversify acts issued by the CEC of Russia within the framework of exercising its direct powers, with acts issued within the framework of delegated rulemaking. In this regard, special attention is paid to legal regulation regarding the new electoral procedure - remote electronic voting. Given the enormous importance for the state and its obligation to ensure transparency and legitimacy in electoral procedures, it is clear that their legislative regulation should be adequate to the level of tasks to be solved. At the same time, the authors believe that acts of delegated rulemaking, subject to certain restrictions and requirements, meet the specified characteristics. The methodological basis of the study includes the dialectical method, methods of analysis, synthesis and analogy, as well as formal-legal and comparative legal methods. |
| first_indexed | 2024-03-13T03:39:31Z |
| format | Article |
| id | doaj.art-7bb219b30a434610812c02d17414bbcf |
| institution | Directory Open Access Journal |
| issn | 2313-2337 2408-9001 |
| language | English |
| last_indexed | 2024-03-13T03:39:31Z |
| publishDate | 2023-06-01 |
| publisher | Peoples’ Friendship University of Russia (RUDN University) |
| record_format | Article |
| series | RUDN Journal of Law |
| spelling | doaj.art-7bb219b30a434610812c02d17414bbcf2023-06-23T10:04:41ZengPeoples’ Friendship University of Russia (RUDN University)RUDN Journal of Law2313-23372408-90012023-06-0127233835310.22363/2313-2337-2023-27-2-338-35321150Delegated rulemaking by the Central Election Commission of RussiaAnton I. Lopatin0Akhmat I. Malkarov1Central Election Commission of the Russian FederationMinistry of Justice of the Russian FederationThe issue of systematization of legislation is quite relevant and the task of solving it is part of the state legal policy. At the same time, the solution of the above problem is impossible in isolation from the study of a number of issues affecting both the theoretical and practical aspects of lawmaking and law enforcement activities. For example, one of these key issues is the hierarchy of normative legal acts, including those issued by state bodies of the Russian Federation. The issue of standard-setting powers of certain state bodies is quite controversial. The article investigates the practice of implementing the institution of delegated legislation in the Russian Federation on the example of the practice of delegated rulemaking of the Central Election Commission (CEC) of Russia. The study consistently considers issues of the constitutional and legal status of the Central Election Commission of the Russian Federation, including regulatory powers related to it. Various points of view relevant to the scientific community on this issue have been outlined. At the same time, the authors proceed from understanding that rulemaking powers are integral attribute properties of the constitutional and legal status of the CEC of Russia. Based on the tasks set, the issues of the forms of regulatory legal acts of the CEC of Russia as sources of constitutional law are investigated. The authors indicate the need to diversify acts issued by the CEC of Russia within the framework of exercising its direct powers, with acts issued within the framework of delegated rulemaking. In this regard, special attention is paid to legal regulation regarding the new electoral procedure - remote electronic voting. Given the enormous importance for the state and its obligation to ensure transparency and legitimacy in electoral procedures, it is clear that their legislative regulation should be adequate to the level of tasks to be solved. At the same time, the authors believe that acts of delegated rulemaking, subject to certain restrictions and requirements, meet the specified characteristics. The methodological basis of the study includes the dialectical method, methods of analysis, synthesis and analogy, as well as formal-legal and comparative legal methods.https://journals.rudn.ru/law/article/viewFile/35028/22150central election commission of the russian federationdelegated rulemakingremote electronic votingnormative legal acts of the cec of the rfsystematization of legislation“hard” constitutional law“soft” constitutional law |
| spellingShingle | Anton I. Lopatin Akhmat I. Malkarov Delegated rulemaking by the Central Election Commission of Russia RUDN Journal of Law central election commission of the russian federation delegated rulemaking remote electronic voting normative legal acts of the cec of the rf systematization of legislation “hard” constitutional law “soft” constitutional law |
| title | Delegated rulemaking by the Central Election Commission of Russia |
| title_full | Delegated rulemaking by the Central Election Commission of Russia |
| title_fullStr | Delegated rulemaking by the Central Election Commission of Russia |
| title_full_unstemmed | Delegated rulemaking by the Central Election Commission of Russia |
| title_short | Delegated rulemaking by the Central Election Commission of Russia |
| title_sort | delegated rulemaking by the central election commission of russia |
| topic | central election commission of the russian federation delegated rulemaking remote electronic voting normative legal acts of the cec of the rf systematization of legislation “hard” constitutional law “soft” constitutional law |
| url | https://journals.rudn.ru/law/article/viewFile/35028/22150 |
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