选举委员会成员的程序地位

N. Turischeva
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引用次数: 0

摘要

该条专门讨论选举委员会成员作为受托在组织选举方面履行公开重要职能的合议制机构的程序地位问题。选举委员会本身管辖权的存在使其成员的程序地位的内容问题凸显出来。选举委员会成员身份的二重性包括行使个人权力和作为合议制机构的选举委员会成员的权力。无论委员会本身的级别如何,人们都可以说,在确保行使选举权和组成公共当局的任务的基础上,选举委员会成员的程序地位具有普遍性。2022年,对选举法进行修改,改变了选举委员会制度,同时排除了中下层委员会中具有协商表决权的成员。作者得出的结论是,委员会结构的变化改变了领土选举委员会成员程序地位的职能组成部分。创新的引入消除了委员会成员地位的内部冲突,其权力回归到最广泛意义上的主流,即遵守和保护选举权。所分析的选举立法的变化反映了选举权利的宪法和法律保护的中心从实现选举过程中参与者的个人利益的领域转向确保在确定投票结果时的客观控制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Procedural status of a member of the election commission
The article is devoted to the issues of the procedural status of members of election commissions as collegiate bodies entrusted with the performance of publicly significant functions in the field of organizing elections. The presence of their own jurisdictional powers of election commissions brings to the fore the issues of the content of the procedural status of their members. The dualistic nature of the status of a member of an election commission consists in the exercise of one's own individual powers and the powers of a member of an election commission as a collegial body. Regardless of the level of the commission itself, one can speak of the universality of the procedural status of a member of the election commission, based on ensuring the tasks of exercising electoral rights and forming public authorities. In 2022, changes were made to the electoral legislation that change the system of electoral commissions with the simultaneous exclusion of members with the right to consultative vote in the commissions of the middle and lower levels. The author comes to the conclusion that the change in the structure of the commissions changes the functional component of the procedural status of a member of the territorial election commission. The introduction of innovations neutralizes the internal conflict of the status of a member of the commission, whose powers are returned to the mainstream understood in the broadest sense of observance and protection of electoral rights. The analyzed changes in the electoral legislation reflect the shift of the center of the constitutional and legal protection of electoral rights from the sphere of realization of the individual interests of the participants in the electoral process towards ensuring objective control when establishing the voting results.
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