Alexander E. Postnikov
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, firstname.lastname@example.org
Abstract. Both in Russia and in foreign countries, along with the law, certain relations related to the organization and conduct of elections may also be regulated by subordinate regulatory acts (acts of the head of state, executive authorities, election commissions, etc.). In some cases, it is possible to observe a more extensive regulation of elections by bylaws, which is more common for emergency circumstances. Modern Russian electoral legislation always empowers the Central Election Commission of the Russian Federation and some other election commissions - which organize elections on certain election-related issues - by the rulemaking authority. Such acts of election commissions (instructions, explanations, regulations, procedures, etc.), as a rule, specify certain provisions of election legislation and regulated institutional aspects of electoral commissions' activity as well as organizational, methodological, technological support for the implementation of these provisions. At the same time, recently the practice of autonomous regulation of certain electoral procedures (video surveillance during the elections, remote electronic voting) by the Central Election Commission of the Russian Federation - which are not directly provided by the law or provided in reference manner - has become widespread.
Based on the results of the study of mentioned rulemaking activity and the relevant law enforcement practice, the author concludes that there is a need to establish limits, the procedure for using video surveillance, remote electronic voting in the electoral process that should take the form of a federal law and provide comprehensive guarantees of the relevant electoral rights of citizens. Such an approach does not exclude further specification of statutory provisions by subordinate regulation of election commissions. Offered structure of legal regulation can increase the confidence of voters in the results of the expression of will in elections obtained using modern electronic contemporary digital technologies.
Keywords: elections, citizens’ electoral rights, electoral legislation, by-laws, election commissions, video surveillance, remote electronic voting
For citation. Postnikov A. E. On the Limits of the Bylaw Regulation of Citizens’ Electoral Rights. Journal of Russian Law, 2022, vol. 26, no. 5, pp. 31—42. (In Russ.) DOI: 10.12737/jrl.2022.050