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II. THE BASIC MAINTENANCE OF WORK

In Introduction the urgency of a scientific problem is proved, degree of scientific working out of a theme is analyzed, the object and a subject, the purpose and scientific research problems are formulated, theoretical, methodological and legal bases, scientific novelty, the theoretical and practical importance of work are defined, the positions which are taken out on protection are allocated, the information on approbation of results of research is resulted.

In chapter 1 źTheoretical and standard bases of legal maintenance of elections in interests of protection of the constitutional system of Russia╗ are opened a role and a place of elections in system of democracy of the Russian Federation, necessity of protection of the constitutional system of Russia for selective process is theoretically proved, teoretiko-legal aspects of regulation (legal maintenance) elections in the Russian Federation are shown, the maintenance of a konstitutsionno-legal regulation of stages of selective process in interests of protection of the constitutional system of Russia is opened.

In paragraph 1.1"Elections in system of democracy of Russia and their value for protection of the constitutional system of the Russian Federation╗ the author of dissertation is proved a conclusion that elections of representative bodies act as the guarantor of timely reproduction of institutes of public authority and provides stability of the constitutional system. The constitutional system is considered in narrow sense - as a way of the organisation of the state, fixed by the constitution. Such treatment of concept źthe constitutional system╗ has allowed to avoid an identification of the constitutional system with public and to focus attention on the basic characteristics of the mechanism vlastvovanija, the state being under protection. It is established, that elections serve as the indicator of trust of the people to the power and the major way of its legitimation. Coming to power of those representatives or other political forces by means of elections causes a condition of security of the constitutional system. From the decisions accepted by bodies of national representation and elective persons, degree of realisation of constitutional laws and freedom of citizens, character of means and methods of realisation of the government depends. The constitutional system of any democratic state is based on elections of bodies of national representation. While a free, fair and transparent election of representative bodies of the power is held, protection of the constitutional system is provided also.

According to the author of dissertation, the state policy of protection of the constitutional system in the conditions of elections is defined by national interests of the Russian Federation which element are interests of protection of the constitutional system. The Konstitutsionno-legal regulation of selective process built on the basis of system of interests of protection of the constitutional system, and adequate to it pravorealizatsija allow to provide safety of elections as object of protection of the constitutional system in sphere of the organisation and government functioning. State activity on protection of the constitutional system in selective process is presented by two levels. The first level of protection of the constitutional system assumes realisation of interests of protection of the constitutional system within the limits of regulation of selective process.

The second level of protection of the constitutional system includes maintenance of corresponding objects of protection in a format pravoprimenitelnoj and jurisdiktsionnoj state activity. The specified levels of protection of the constitutional system inseparably linked and mutually supplement each other.

Paragraph 1.2"Teoretiko-legal aspects of regulation (legal maintenance) elections in the Russian Federation╗ concerns the theory and a standard basis of legal regulation of the organisation and elections in the Russian Federation.

As subject of standard legal regulation of elections set of the steady and repeated public relations connected with realisation and protection of the right of citizens (in statutory cases acts – foreign subjects) to select and be the elite in public authorities and local governments. These public relations are regulated imperative (authoritative) and optional (independent) by methods. In some cases the method of encouragement which establishes stimulation measures for the actions answering to legal requirements of the legislator is used.

Standard legal regulation of the organisation and elections has purposeful operating influence on a considerable spectrum of the public relations developing during elections, including on the public relations arising in connection with protection of the constitutional system of Russia in selective process. Consideration of the maintenance of standard legal regulation of the organisation and elections has given the chance to designate three levels in system of the standard legal acts regulating selective process in the Russian Federation: international legal, federal and level of subjects of the Russian Federation.

Among universal selective standards the most important sources of international law for the Russian Federation are: the General Declaration of human rights of 1948; the International pact about the civil and political rights of 1966; the Convention of the United Nations on the political rights of women of 1952; the International convention of the United Nations on liquidation of all forms of a racial discrimination of 1965; the Declaration of the Inter-parliamentary union on criteria of free and fair elections of 1994; the Declaration of principles of the international supervision over elections of 2005

Basic regional selective standards are presented by OSCE documents (the Document of the Copenhagen meeting of Conference on human measurement SBSE of 1990; the Document of the Budapest meeting at the summit of 1994; Management BDIPCH/OBSE on supervision over elections of 2005; Management BDIPCH/OBSE for long-term observers behind elections of 2007), the Council of Europe (the Convention on protection of human rights and fundamental freedoms of 1950), the European Union (the Charter of the European Union about fundamental laws of 2000), the Commonwealths of Independent States (the Convention on standards of democratic elections, suffrages and freedom in the state-participants CIS of 2002; the Declaration of Inter-parliamentary Assembly of the states CIS źAbout principles of the international supervision over elections and referenda in the state-participants of the Commonwealth of Independent States╗ 2008).

According to a part of 4 articles 15 of the Constitution of the Russian Federation the conventional principles and norms of international law and international treaties of the Russian Federation are a component of its legal system. If the international treaty of the Russian Federation establishes other rules, than statutory international treaty rules are applied.

The author of dissertation formulates a number of problems of legal regulation of selective process in the Russian Federation. In the dissertation the tendency of expansion of sphere of legislative regulation by the Russian Federation of elections (change of an order of elections to a legislature of the government of the subject of the Russian Federation, an establishment of requirements to number of deputies of a legislature of the government of the subject of the Russian Federation, legislative leadership about unification of names and structure of a legislature of subjects of the Russian Federation) is revealed. This tendency carries raznonapravlennyj character. On the one hand, federal intervention in regional legislative process allows to eliminate lacks of acts of subjects of the Russian Federation and by that to provide unity of legal space of the Russian Federation. On the other hand, the constitutional powers of subjects of the Russian Federation in sphere of joint conducting the Russian Federation and subjects of the Russian Federation that contradicts point "n" to a part of 1 article 72 of the Constitution of the Russian Federation, points 3 and 6 articles 4, to the subparagraph "to" point 2 of article 5 of the Federal act źAbout the general principles of the organisation legislative (representative) and executive powers of the government of subjects of the Russian Federation╗ are limited.

The analysis of regional laws on elections has shown, that in some of them contradictions to norms of the federal legislation remain. Liquidation of such contradictions demands the co-ordinated legislative work, generalisation pravoprimenitelnoj practice of the regional legislation on elections and accurate interaction of the constitutional (authorised) vessels of subjects of the Russian Federation, vessels of the general jurisdiction, organs of the Prosecutor's Office, justice and electoral commissions of subjects of the Russian Federation.

As an independent source of the suffrage the author considers standard legal acts of electoral commissions. The analysis normotvorchestva electoral commissions has allowed to formulate a number of legal problems existing in given sphere.

First, normotvorcheskaja activity of electoral commissions of subjects of the Russian Federation is not regulated in a due measure by operating federal legislation. Meanwhile, the regional fragment of standard legal regulation of the elections, presented by standard legal acts of electoral commissions of subjects of the Russian Federation in a subject of the conducting, is a necessary element of the selective legislation of subjects of the Russian Federation about elections. Therefore normotvorcheskie powers of electoral commissions of subjects of the Russian Federation should be legislatively fixed.

Secondly, in the selective legislation and the Regulations of the Central electoral commission of the Russian Federation there is no list of kinds of standard legal acts which the Central electoral commission of the Russian Federation can accept. In the specified documents from among the standard legal acts accepted by the Central Electoral Committee of Russia, instructions are mentioned only. Thus standard legal character, except instructions of the Central Electoral Committee of Russia, positions carry, regulations and agreements. It is thought, that this blank of legal regulation demands completion.

The special legal nature agreements on the international cooperation of the Central Electoral Committee of Russia in the field of electoral systems possess. On the basis of the subparagraph of point 9 of article 21 of the Federal act źAbout the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation╗ the Central Electoral Committee of Russia carries out the international cooperation in the field of the electoral systems which results are made out by agreements with selective bodies of other states. A subject of the given agreements is cooperation development in sphere of perfection of the legislation on elections, activity of selective bodies on maintenance of realisation of suffrages of citizens, a direction of representatives for supervision over preparation and elections, an exchange of experience in counteraction area pravonarushajushchim to selective technologies, introduction in selective process of modern information technologies. At the same time the current legislation does not allocate the Central Electoral Committee of Russia with the right to conclude international treaties of interdepartmental character as the Central Electoral Committee of Russia is not federal enforcement authority or the authorised organisation. For coordination of carrying out of a uniform foreign policy line of the Russian Federation and regulation of law-making of the Central Electoral Committee of Russia in the field of the international cooperation it is offered to allocate the Central Electoral Committee of Russia with the right to represent to the President of the Russian Federation or in the Government of the Russian Federation of the offer on the conclusion, performance and the termination of international treaties of the Russian Federation in the field of electoral cooperation.

In paragraph 1.3"the Maintenance of a konstitutsionno-legal regulation of stages of selective process in interests of protection of the constitutional system of Russia╗ the component of konstitutsionno-legal regulation of selective process in a context of protection of the constitutional system of Russia is allocated.

The purposes of a konstitutsionno-legal regulation of selective process in interests of protection of the constitutional system of Russia are: maintenance of legitimacy of formation of public authorities and local governments on the basis of legality of passage of selective process, and also protection of democratic principles and norms of the suffrage.

For achievement of the purposes of a konstitutsionno-legal regulation of selective process in interests of protection of the constitutional system of Russia the decision of following problems is necessary:

- Legislatively to fix guarantees of free will of citizens on elections, developments of political and ideological pluralism, perfection of public control of the organisation and elections;

- Legally to provide the prevention and suppression of possible wrongful acts of participants of elections and other persons, interventions of the organised criminal groups, the extremist organisations and separate persons, representatives of foreign special services and the organisations in selective process;

- To improve the standard legal base regulating public relations in the field of protection of the constitutional system in selective process.

Prominent feature of a konstitutsionno-legal regulation of selective process in interests of protection of the constitutional system of Russia is the establishment of restrictions of the legal personality of participants of elections. The given restrictions are adequate, proportional, proportional and necessary for protection of the constitutional values. At the same time, a number of legal restrictions in selective process is not connected with protection of the public interests listed regarding 3 articles 55 of the Constitution, and it is represented excessive. It is possible to carry to them: restriction on inclusion of the military men serving on an appeal, in electoral registers at elections in local governments; deprivation of the voters who are not members of political parties, the self-promotion rights to elections in the State Duma of Federal assembly of the Russian Federation; Restrictions on use by candidates and selective associations (except political parties) vehicles and propaganda performances at carrying out of the public actions organised by the state or municipal bodies. Presence of such standard instructions in selective process reduces the general positive orientation of a konstitutsionno-legal regulation of selective process in interests of protection of the constitutional system.

In the second chapter źGenesis and a general characteristic of a problem of legal maintenance of protection of the constitutional system in the course of the organisation and elections to the Russian Federation╗ are shown stages of scientific working out of a problem of legal maintenance of protection of the constitutional system in selective process, the konstitutsionno-legal mechanism of protection of the constitutional system of Russia in selective process is defined, standard legal regulation of participation of competent state bodies and establishments in protection of the constitutional system of Russia in selective process is analysed.

In paragraph 2.1"the General condition of legal maintenance of protection of the constitutional system in the course of the organisation and elections to the Russian Federation╗ is established, that a problem of legal maintenance of protection of the constitutional system in selective process, despite its politiko-legal importance, began to be developed rather recently. During the Soviet period selective process has been formalized, real threats to the constitutional system in the conditions of elections did not arise. In 90th of research of XX century were not spent in connection with formation of a new constitutional system, absence of long-term strategy of political development of the state and erroneous representations of the country leaders about fictitiousness of threats to the constitutional system of Russia in selective process. The subsequent works (with 2000 for 2005) Covered, mainly, a narrow problematics of maintenance of unity of legal space and definition of an order of mutual relations of federal and regional authorities. The lack of the knowledge providing sistemnost and completeness of scientific researches of a problem of a legal protection of the constitutional system in selective process, was sharply showed in connection with use by the separate foreign states of technologies of capture of the political power in the conditions of elections for realisation of "colour" revolutions. Since this moment working out of a problem of legal maintenance of protection of the constitutional system in selective process left on qualitatively other level. The methodology of researches began to have complex character and has included not only counteraction to foreign intervention in selective process, but also orientation to the destructive internal political phenomena of political system of the Russian society (monopolisation of the political power, party corruption, criminalisation of machinery of state, extremism, etc.).

At the present stage studying of the general condition of legal maintenance of protection of the constitutional system of Russia in selective process is necessary for carrying out on the basis of the analysis of results pravotvorcheskoj state activity in connection with increasing requirements for protection of the constitutional system and possibilities pravoprimenitelnoj experts. Legal maintenance of protection of the constitutional system in selective process should be considered as activity of the state in the name of competent state bodies on creation, change, cancellation and realisation of the rules of law promoting the organisation and functioning of a konstitutsionno-legal mechanism of protection of the constitutional system of Russia in selective process.

Now legal maintenance of protection of the constitutional system of Russia in selective process is carried out by set of legislative and subordinate legislation konstitutsionno-legal certificates which can be classified on three groups:

- The konstitutsionno-legal certificates defining the general principles, functions and system of protection of the constitutional system of Russia in selective process;

- The konstitutsionno-legal certificates establishing guarantees of legality of passage of selective process, free realisation of suffrages, and also providing protection of democratic principles and norms of the suffrage;

- The konstitutsionno-legal certificates regulating a legal status, problems and possible forms of participation of the state bodies and establishments in protection of the constitutional system of Russia in the conditions of elections.

The given system of konstitutsionno-legal certificates is the base of carrying out of a state policy of protection of the constitutional system during elections.

In paragraph 2.2"the Konstitutsionno-legal mechanism of protection of the constitutional system of Russia in selective process╗ - a konstitutsionno-legal mechanism of protection of the constitutional system of Russia research of a legal mechanism of protection of the constitutional system of Russia and its component is carried out selective process.

The konstitutsionno-legal mechanism of protection of the constitutional system of Russia represents the complete, interconnected, legally issued set of objects of protection, subjects and interaction forms between them, functionally providing democracy, leadership and direct action of the Constitution of the Russian Federation on all state territory, territorial integrity and the sovereignty, political and ideological pluralism, development of the constitutional control over the state and municipal bodies.

Objects of protection of the constitutional system of Russia are characterised by a variety. To them are carried: politiko-legal bases of the organisation of the state, institutes of political system and a constitutional order of their organisation and activity.

As subjects of protection of the constitutional system of Russia federal public authorities and public authorities of subjects of the Russian Federation, measures carrying out within the competence on protection of the constitutional system of Russia are defined.

Character of threats to the constitutional system, the competence of subjects of protection of the constitutional system, presence of corresponding forces and means define directions of activity of the authorised subjects of protection of the constitutional system and the interaction form between them.

The konstitutsionno-legal mechanism of protection of the constitutional system in selective process is a part of the constitutional mechanism of protection of the constitutional system with which help effective influence on the public relations arising in connection with formation of bodies of public authority by elections is carried out, realisation of constitutional laws of participants of selective process, protection of democratic principles and norms of the suffrage, legitimation of selective process is provided.

At the heart of construction and functioning of a konstitutsionno-legal mechanism of protection of the constitutional system in selective process a number of principles lays: leaderships of the constitution; democratism; maintenance of the rights and freedom of the person and the citizen; unities of a konstitutsionno-legal mechanism of protection of the constitutional system in selective process; differentiations of powers and responsibility within the competence; the constitutional legality and adequacy of applied legal protection frames of the constitutional system; combinations of public and private methods and protection frames of the constitutional system; the uniform approach to protection of the constitutional system, equal observance and protection of the rights of all participants of selective process; professionalism; interactions with public associations and citizens. All listed principles are theoretical generalisation of experience of protection of the constitutional system in selective process and owing to it possess the considerable methodological maintenance.

Are opened standard, institutsionalnaja and is functional-communicative subsystems of a konstitutsionno-legal mechanism of protection of the constitutional system in selective process.

Research of system of competent state bodies and the establishments which are taking part in protection of the constitutional system of the Russian Federation in selective process is carried out. Various classifications of subjects of protection of the constitutional system in selective process (on competence volume, territorial limits of activity and features of the legal personality) are offered. As the basic classification of subjects of protection of the constitutional system in selective process on competence volume is accepted. The subjects of the general competence defining directions of activity of the state on protection of the constitutional system in the conditions of elections, authorised to consider not only questions of the organisation and realisation of selective process, but also questions of protection of the constitutional system in considered sphere (the President of the Russian Federation, Federal assembly of the Russian Federation, the Government of the Russian Federation, public authorities of subjects of the Russian Federation), and subjects of the special competence (electoral commissions, courts, organs of the Prosecutor's Office, tax organs, bodies of Federal migratory service, judicial authorities, law-enforcement bodies, security service, etc.), carrying out activity under special terms of reference are differentiated.

In paragraph 2.3"Standard legal regulation of participation of competent state bodies and establishments in protection of the constitutional system of Russia in selective process╗ are analysed standard legal acts of subjects of the general competence and the existing standard legal basis of participation of subjects of the special competence of protection of the constitutional system of Russia in selective process is studied.

The special place in regulation of questions of coordination of actions of electoral commissions, law-enforcement and other state bodies and establishments in the course of elections in Russia belongs to the governmental orders of the Russian Federation from August, 25th, 1999 № 937, from January, 13th, 2000 № 32, from September, 5th, 2003 № 555, from September, 17th, 2007 № 589, from June, 29th, 2011 № 511 - about measures on rendering of assistance to electoral commissions in realisation of their powers by preparation and elections of deputies of the State Duma of Federal assembly of the Russian Federation and presidential elections of the Russian Federation.

Rather-legal research of the given governmental orders of the Russian Federation has allowed to allocate some tendencies of konstitutsionno-legal regulation of activity of subjects of protection of the constitutional system of Russia in selective process.

1. During acceptance of corresponding standard legal acts of the Government of the Russian Federation (1999-2011) the preventive component of struggle against illegal propaganda activity has been strengthened.

2. The list of subjects of counteraction of illegal propaganda activity is expanded and problems of counteraction of extremist activity, including initiating social, racial, national, religious hatred and enmity are formulated.

3. Quality of the maintenance of a standard material has raised.

4. The sphere of action of the specified standard legal acts of the Government of the Russian Federation gradually extended. The governmental orders of the Russian Federation from September, 5th, 2003 № 555, from September, 17th, 2007 № 589 and from June, 29th, 2011 № 511 delegate to enforcement authorities of subjects of the Russian Federation working out of a complex of the organizational-technical actions connected with preparation and elections, and maintenance of their performance.

The analysis of powers of subjects of protection of the constitutional system in selective process has allowed to reveal some duplicating functions of competent state bodies. So, the Ministry of Justice, Federal service on supervision in sphere of communication, information technologies and mass communications, and also FSB are engaged in suppression of illegal propaganda activity in the Ministry of Internal Affairs. Monitoring of the maintenance printing, audio-and audiovisual production of mass-media for the purpose of definition of its conformity to requirements of the legislation on elections carry out electoral commissions, bodies of Federal service on supervision in sphere of communication, information technologies and mass communications, and also organs of the Prosecutor's Office. The illegibility of standard distribution of powers of subjects of protection of the constitutional system in selective process complicates use of available forces and means and reduces efficiency of functioning of a konstitutsionno-legal mechanism of protection of the constitutional system in selective process.

The big attention in work is given departmental legal acts of subjects of protection of the constitutional system of the special competence. As common fault departmental normotvorchestva in considered area low quality of legal regulation is allocated. Concrete functions and powers of organizational structures created for elections, as a rule, are not registered in departmental standard legal acts. The essence of organizational and other measures of protection of the constitutional system in selective process does not reveal. Questions of interaction of subjects of the general and special competence, and also subjects of protection of the constitutional system of the special competence with each other are insufficiently reflected.

In the third chapter źForeign experience of standard legal maintenance of protection of the constitutional system in selective process╗ is carried out the analysis of the international legal regulation of selective process, in a context of protection of the constitutional system legal maintenance of selective process in foreign countries is studied, the national legislation of foreign countries on participation of competent state bodies and establishments in protection of the constitutional system in selective process is considered.

In paragraph 3.1"the International legal regulation of selective process╗ it is shown normotvorcheskaja activity of the international organisations (the United Nations Organization, the Organization on safety and cooperation in Europe, the Council of Europe, the European Union, the Commonwealth of Independent States, the Inter-parliamentary Union and of some others) concerning the suffrage and selective process. The international documents regulating protection of the constitutional system in the course of elections, are an element of national legal systems and are realised in the legislation on elections and political parties. The carried out research shows, that implementatsija the international selective standards in practice of elections allows to provide legitimacy of formation of bodies of public authority, legality of selective process, realisation of suffrages and freedom of citizens.

In the dissertation a number of the problems connected with transformation of positions of the international legal acts in investigated area in the Russian legal system is allocated.

For protection of the constitutional system the problem of limits of restriction of the sovereign electoral rights of the Russian Federation in favour of legal instructions of the international standard documents has paramount value. It is represented, that in examination of conformity of international treaties of the Russian Federation in sphere of elections of the Constitution of Russia the Federal assembly, the Constitutional Court and the Ministry of Justice of the Russian Federation should play a leading role. Mismatching Constitutions of Russia international treaties of the Russian Federation should not be ratified and applied.

The problem of harmonisation international and national istochnikovoj bases of regulation of selective process is actual. According to the international standards, the legal specifications providing elections, cannot be established by the subordinate legislation and executive authority certificates. Meanwhile, in a number of the states CIS (Azerbaijan, Belarus, Kyrgyzstan, the Russian Federation, Tajikistan) and Europe (the Great Britain, Spain, Italy, the Netherlands) great value for a regulation of selective process have subordinate legislation standard legal acts which are published on a basis and to execute laws, being the form of realisation of the competence of subjects of law-making.

Paragraph 3.2"Legal maintenance of selective process in foreign countries in interests of protection of the constitutional system╗ is devoted the legal statuses of the foreign legislation directly providing protection of the constitutional system in selective process.

The analysis of the legislation and practice of carrying out of election campaigns in foreign countries testifies that regulation of elections in interests of protection of the constitutional system is carried out at all stages of selective process. At a stage of drawing up of electoral registers, and also at promotion and registration of candidates on elective offices in foreign countries in interests of protection of the constitutional system restriction and deprivation of the suffrage of separate categories of citizens is actively used.

In the conditions of selective process in foreign countries exclusively the great value is got by a problem of cutting of election districts as manipulations during cutting of the election districts, connected with use of "selective geography╗ (źselective geometry╗), can entail distortion of will of voters and achievement by ruling forces of necessary result on elections.

On the basis of foreign experience of election campaigns problems of foreign (international) supervision over elections are investigated. It is established, that absence of uniform methodology of monitoring of elections and an estimation of their results leads to gradual regeneration of institute of foreign (international) supervision over elections in the tool of service of geopolitical interests of leading world powers.

From positions of protection of the constitutional system of a close attention in foreign countries the pre-election campaign stage deserves. The author draws a conclusion, that legislative measures are directed, mainly, on the prevention of foreign intervention to selective process, extremist activity and counteraction to use by candidates and on elective offices of "an administrative resource╗.

In some cases in interests of protection of the constitutional system special laws or judgements on an interdiction of concrete political parties and public organisations of an extremist orientation are accepted.

Research of foreign experience of konstitutsionno-legal maintenance of protection of the constitutional system in selective process has allowed to reveal specificity of a legal regulation of activity of competent state bodies and establishments of foreign countries on protection of the constitutional system during elections (paragraph 3.3"the National legislation of foreign countries on participation of competent state bodies and establishments in protection of the constitutional system in selective process╗). It consists in direct or indirect authorisation of the operatively-search and counterprospecting actions directed on operative studying of "disloyal" parties and the political organisations, check of reliability of separate active workers and party functionaries, restriction of the rights and freedom of the unreliable citizens applying for the deputy mandate or an elective office.

On the basis of the analysis of acts of the foreign states it is established, that within the limits of preparation and elections on competent state bodies and establishments of foreign countries problems are assigned: on informing of public authorities on threats to the constitutional system; to development and realisation of the measures directed on revealing, the prevention and suppression of activity of the organisations and the separate persons who are setting as the purpose blasting or violent change of the constitutional system, overthrow of duly elected bodies of public authority; to realisation of the operative control over the foreign organisations which activity represents threat to the constitutional system; to counteraction to foreign financing of political activity and elections; to maintenance of safety of mass propaganda actions; to maintenance of bodyguard political and public figures in case of occurrence of threats for their life and health.

It is represented, that state intervention in process of formation and the organisation of system of the political power should not have total character, differently there is a danger of elimination of opposition, infringement of the rights and freedom of the person, restriction of multi-party system and ideological variety, an establishment of an antidemocratic state mode.

In the fourth chapter źthe Basic directions of development of legal maintenance of protection of the constitutional system of Russia in selective process╗ development of legal maintenance of elections in interests of protection of the constitutional system is shown, perfection international is considered and public control of selective process, necessity of maintenance of konstitutsionno-legal guarantees of legitimation of selective process for interests of protection of the constitutional system of Russia is proved.

In paragraph 4.1"Development of legal maintenance of selective process in interests of protection of the constitutional system of Russia╗ offers on perfection of konstitutsionno-legal base in interests of protection of the constitutional system of Russia are developed.

Research of the general condition of legal maintenance of protection of the constitutional system of Russia in selective process testifies to presence of lacks of the selective legislation influencing security of the constitutional system. At federal level questions of counteraction to use of a network "Internet" for realisation of extremist activity in the conditions of elections are not solved; legal responsibility of foreign (international) observers for infringement of the conventional international principles and norms of supervision over elections is not provided. The analysis of the legislation of subjects of the Russian Federation about elections shows, that in some of them contradictions to norms of federal acts remain. (The Republic Altai, Republic Komi) not to the full reflects the regional legislation on elections of restriction on propaganda activity of extremist character, in a number of subjects of the Russian Federation is not regulated an order of use GAS "Elections", there are no legal statuses about kontrolno-auditing services at electoral commissions.

Priority problem of development of legal maintenance of selective process in interests of protection of the constitutional system is counteraction to penetration of underworld into authorities. Legal measures of struggle against criminalisation of public authorities and local government should provide working out of federal and regional programs of struggle against criminalisation of public authorities and local government, perfection of the legislation by an establishment of legal restrictions on election in public authorities and local government of the persons who are in federal search, having a previous conviction (including removed and extinguished) for fulfilment heavy or especially grave crimes.

Development of legal maintenance of elections in interests of protection of the constitutional system assumes the permission of a problem of distribution of jurisdiction of the Government of the Russian Federation to a number of the ministries and departments over which the President of the Russian Federation directly supervises. Now the governmental orders of the Russian Federation regulating questions of assistance of enforcement authorities to electoral commissions, extend the force on subordinated to the President of the Russian Federation the state bodies which are carrying out protection of the constitutional system of the Russian Federation in the conditions of elections (FSB of Russia, the Ministry of Internal Affairs of Russia, FMS Russia, the Ministry of Emergency Measures of Russia, the Ministry of Justice of the Russian Federation, the Ministry for Foreign Affairs of the Russian Federation, the Ministry of Defence of the Russian Federation). There are two variants of the decision of the given legal problem:

The first. Abolition of practice of division of branch enforcement authorities on jurisdiction between the President and the Government. In this case the Government of the Russian Federation reserves regulation of interaction of competent state bodies and establishments with electoral commissions.

The second variant means, that similar legal regulation should be carried out by exclusively decrees of the President of the Russian Federation.

Necessity of technical re-equipment of an electoral system for the Russian Federation causes development of legal maintenance of selective process from positions of standard regulation of introduction of orbital systems "Глонасс" and "Messenger", electronic identification cards, devices of electronic voting, complexes of processing of ballots, web cameras during carrying out of voting and leading of its results.

In paragraph 4.2. źDevelopment foreign (international) and public control of selective process in interests of protection of the constitutional system of Russia╗ measures of reforming of modern institute of foreign (international) supervision over elections in interests of protection of the constitutional system of Russia are offered, and also ideas of development of the mechanism of independent public monitoring of observance of legitimate rights and interests of voters are formulated.

The institute of foreign (international) supervision in its modern kind even more often should be considered not as the help in carrying out of democratic elections and independent quality assurance of selective procedures, and as the tool of intervention of leading world powers in internal affairs of the sovereign states. The practice which has gained distribution of promotion by foreign (international) observers of illegal requirements about non-recognition of results of elections, distributions of the false information connected with preparation and elections, undermines trust of citizens to own state, promotes complication of political conditions and has destructive influence on the constitutional system. Considering, that destabilization of a political situation in the state, inspiring of separative moods and international aggravations, loss of political independence contradict interests of Russia, with a view of protection of its constitutional system in selective process it is offered to realise following measures of reforming of institute of external supervision over elections:

- To enter a new order of formation of joint missions of supervision over the elections, based on membership (participation) of the state in the concrete international organisations;

- To be reoriented on priority participation of the Russian Federation in long-term monitoringovyh missions and in basic commands BDIPCH OSCE, and also to adhere to a fair geographical principle of formation of missions of supervision;

- To stimulate activization joint monitoringovyh procedures with the states CIS on the basis of the International institute of monitoring of development of democracy, parliamentarism and observance of suffrages of citizens of the state-participants of Inter-parliamentary Assembly of the CIS, and also Interstate selective council of the CIS;

- To carry out is standard-legal regulation of activity of the international observers in interests of protection of the constitutional system. It assumes working out of the Federal act regulating procedures of foreign and international supervision in territory of the Russian Federation, an order and the bases of the invitation of observers; introduction by decrees of the President of the Russian Federation in coordination with the Ministry of Foreign Affairs of Russia kvotirovanija quantities of foreign (international) observers; detailed elaboration in certificates of the Central Electoral Committee of Russia of an order of accreditation and a response of accreditation of observers.

The essential contribution to perfection of the control of selective process brings activity of institutes of a civil society (independent mass-media, public organisations and associations of voters). At the heart of formation and development of the mechanism of public control of selective process principles neaffilirovannosti public organisations with political parties or structures under control to them, authoritativenesses of the organisations in the opinion of the public, independence in relations with public authorities and local government, absence to the organisations of claims from law-enforcement and tax organs should lay. Observance of the specified principles allows institutes of a civil society to carry out a role of the independent centre of public monitoring of observance of legitimate rights and interests of voters.

Paragraph 4.3"Maintenance of konstitutsionno-legal guarantees of legitimation of selective process in interests of protection of the constitutional system of Russia╗ opens system of legal guarantees of legitimation of selective process in interests of protection of the constitutional system of Russia. Konstitutsionno-legal guarantees of legitimation of selective process are presented as set of conditions and the means providing legality of passage of elections, and also acceptance by a society of the public authority generated in the conditions of election campaign.

It is established, that in the constitutional legislation of Russia one of kinds of konstitutsionno-legal guarantees of legitimation of selective process – guarantees of realisation of the basic suffrages of citizens of the Russian Federation is mentioned only. It is represented, that the system of konstitutsionno-legal guarantees of legitimation of selective process has more difficult character and should include some elements: guarantees of realisation of the basic suffrages and freedom of citizens; standard guarantees; organizational guarantees; information guarantees; control guarantees; law-enforcement guarantees; financial and economic guarantees; ideological guarantees.

Realisation of the offered system of konstitutsionno-legal guarantees is a direction of perfection of legal maintenance of protection of the constitutional system of Russia in selective process. The legislative policy in the given direction assumes the further working out of legal guarantees of functioning of institutes of a civil society, maintenance of democracy, development of democratic multi-party system and pluralism in a combination to a right protection of the sovereignty of the Russian Federation, its independence, the state integrity, unity of system of the government.

In the conclusion conclusions of dissertational research are generalised, and also possible directions of the further theoretical legal researches are analyzed.

The appendix includes: the draught federal law about modification of acts of the Russian Federation about elections and referenda and other acts of the Russian Federation.

Dissertation positions are reflected in following scientific works:

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A source: KRASINSKY VLADISLAV VJACHESLAVOVICH. Legal maintenance of protection of the constitutional system of Russia in selective process. The dissertation author's abstract on competition of a scientific degree of the doctor of juridical science. Moscow -. 2011

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