Problems of substituting vacant deputy’s mandates due to early termination of powers of a deputy elected within a list of candidates

Background. The distribution of deputy mandates after the end of the elections is one of the most controversial issues in legal science. The use of various methods of mandate distribution directly determines the implementation of electoral rights. At the same time, scientific literature pays insuf...

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Bibliographic Details
Main Authors: M.Yu. Emelin, B.V. Nikolaev
Format: Article
Language:English
Published: Penza State University Publishing House 2022-11-01
Series:Известия высших учебных заведений. Поволжский регион: Общественные науки
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Summary:Background. The distribution of deputy mandates after the end of the elections is one of the most controversial issues in legal science. The use of various methods of mandate distribution directly determines the implementation of electoral rights. At the same time, scientific literature pays insufficient attention to the so-called “secondary” replacement of mandates, which occurs when the powers of an elected deputy are terminated. This issue is complicated by a significant number of problematic aspects of a legislative nature. The solution of these issues will ensure greater transparency in the replacement of vacant mandates and the electoral process as a whole, will guarantee the existence of both passive and active electoral rights. Public relations associated with the replacement of vacant deputy mandates in the event of early termination of the powers of a deputy elected as part of the candidate list are the subject of this study. The purpose of the work is to identify the main problematic issues and identify opportunities for improving the process of vacant mandates replacement. Materials and methods. The purpose is achieved by analyzing Russian legislation, acts of the Constitutional Court of the Russian Federation. Results. The problem of vacant deputy mandates replacement is analyzed, the main issues requiring legal resolution are identified. Conclusions. The study of vacant deputy mandates replacement in the event of the early termination of the powers of a deputy elected as part of the list of candidates reveals the main opportunities for improving the mechanisms exercising citizens’ electoral rights, and formulate proposals for amending electoral legislation.
ISSN:2072-3016