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2. Features of the legislation of subjects of the Russian Federation which is in limits of Southern federal district, about pre-election campaign and practice of its realisation.

For years of democratic reforms in Russia there was a certain system of formation of governing bodies. The concept of the state personnel selection is accepted; on its basis corresponding regional concepts are developed.

Elections in public authorities and in local governments in regions for today became ordinary business. The operating federal legislation and the legislation of subjects of the Russian Federation as a whole creates necessary legal preconditions for carrying out

Election campaigns of a various kind and level also answers the conventional democratic standards of the organisation and realisation of selective procedures.

Practically in all subjects of Southern federal district there was the legislative base regulating an order of carrying out of election campaigns. However differentiation of subjects of federal and regional conducting regarding pre-election campaign, is reduced, basically, to that the legislation of subjects of Federation should not contradict the federal. In the previous paragraph we have considered questions of federal legislative regulation of pre-election campaign, have specified powers of the federal authority in this sphere and have concerned problems which arise in the course of realisation of the legislation of the Russian Federation about elections. The operating Federal act «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation» is a basis for the regional selective legislation. In connection with development of the Russian suffrage the specified law often enough is exposed to changes and additions. Last changes have been brought in it by the Federal act from July, 21st, 2005 № 93-FZ «About modification of acts of the Russian Federation about elections and referenda and other acts of the Russian Federation». For today legislators of subjects of the Russian Federations which are in limits of Southern federal district, inertly enough try to bring the regional legislation into accord with the federal. Such state of affairs is caused by that, first, отс5пгствует real possibility in the short term to make to laws of corresponding level necessary changes, secondly, regulation of selective process of subjects of the Russian Federation actually is carried out by norms of the legislation of the Russian Federation. [181]

As a whole protsese legislative registration of selective procedures in the subjects who are in limits of Southern federal district, was rather difficult, conflict, at times contradicting obshchefederalnomu to the legislation. The reason for that were infinite cabinet crises, and also presence at the Head of the state and its environment of the special concept in personnel selection, the principles of selection and placement of personnel. So, for example, the former Law of Kabardinobalkarsky Republic «About elections of deputies of Parliament of Kabardinobalkarsky Republic» in ch.ch. 1, 2 items 8, ch. 1 item 37 established the right to pre-election campaign conducting only for citizens of the Kabardino-Balkarian Republic. Such definition of a circle of subjects which have the right to spend pre-election campaign, contradicted ch.ch. 1, 2 items 6, ch. 1 items 15, ch. 1 items 17, item 18, ch. 2 items 19, ch. 2 items 32, ch. 2 items 55 of the Constitution of the Russian Federation, and also item 1 of item Z, items 1, 2, 4, 5 items 4 Federal acts «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation».

In the specified Law of the Kabardino-Balkarian Republic other positions limiting the right of citizens, including candidates of republican Parliament, on pre-election campaign contained also. According to item 42 of the specified Law, candidates of Parliament of the Kabardino-Balkarian Republic, selective associations, selective blocks had the right to let out posters, leaflets and other propaganda materials within the means allocated with electoral commissions. The given position contradicted a financing order the registered candidates on elective offices in public authorities and local governments of the pre-election campaign which, according to the specified Federal act was carried out from means of selective fund of the registered candidate. The specified fund could have and other sources of receipt of [182] money resources, except the means, allocated to the registered candidate corresponding electoral commission.

Besides it, in subjects the significant amount of subordinate legislation legal acts anyhow mismatching the current legislation was published. So, the Decision of electoral commission of Krasnodar territory from November, 16th, 1999 № 67-P had been approved the Circular on some questions of application of positions of the Federal act «About elections of deputies of the State Duma of Federal assembly of the Russian Federation». According to item 3 of the specified Circular, propaganda for or against candidates from the persons displacing the higher state posts and elective municipal posts, the state and municipal employees, being on duty was not supposed. The concept of pre-election campaign provided by the item 2 Federal acts «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation», are included also by the activity, having for an object to induce or inducing voters to voting. Such activity as follows from the Circular of the Krasnodar electoral committee, could be carried out by the persons displacing the state posts of a category "And".

Thus, the resulted example testifies that the big number of the legal acts regulating an order of conducting of pre-election campaign, published by public authorities, local governments, electoral commissions of subjects of the Russian Federation, conflicted to the federal selective legislation, and represented a source of occurrence of selective disputes.

2,3 See about it: Khodorkovsky A, Germanovich A, Salnikova J.Nastojashchy the list of the Kremlin. On regional elections agitate economy and football//Sheets. On November, 2000.10th.

Today in the Russian regions including being in limits of Southern federal district, by new rules legislative assemblies are selected. Now in them half of mandates not only it is formal in the law, but also in practice it is meted between lists of selective associations.

As a rule, in federative states subjects constituting them solve, what type of an electoral system to use at elections of regional authorities. Actually the Russian Federation to 2003 also concerned these countries, the general principles of regulation of the selective legislation concerned not an electoral system, and is faster than principles of conducting campaigns. C this point of view the new federal act «About the basic guarantees...» 214 is a doubtless step to unitarizmu, and not the fact, that it will lead to positive consequences. Too different national cultures and political systems exist in huge territory of the country - from is patriarchal-clan system of the Caucasian republics to huge on territory of national districts of Siberia where in settlements with the population in some honeycombs of persons it is possible to speak practically about direct democracy where all each other know. Nevertheless, despite unitaristskie tendencies, the law grants to regions the certain right to show the legislative imagination and to search for new mechanisms, but only within the limits of the outlined scheme of the mixed electoral system. In particular, to the discretion of regions are left: number of the deputy case, the size of a selective barrier, a rule of formation of the list, a technique of distribution of deputy mandates, a choice between the closed and open lists.

The analysis of norms of the operating Federal act «About the basic guarantees...» Allows to speak about separate powers in sphere of pre-election campaign which are carried to conducting subjects of the Russian Federation. This

2,4 Federal act from June, 12th, 2002 № 67-FZ «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation» (from amendment from July, 21st, 2005)//Help system "Guarantor" (26.10.2005).

The sphere of regional regulation is mediated enough. It is possible to approve, that regarding pre-election campaign regulation, the establishment of additional guarantees concerns the competence of subjects of Federation on pre-election campaign carrying out on TV and radio, and also in periodic printing editions in the course of election campaigns at elections of deputies of legislative (representative) bodies of subjects of Federation, deputies of representative bodies and heads of municipal unions. Such it is possible to rank as powers: regulation of an order of granting to the registered candidates, the selective associations which have registered lists of candidates, a broadcasting time on channels of the state and municipal organisations of tele-radio broadcasting, and also the printing area in editions of the state and municipal periodic printing editions for a payment, and also is free (that follows from the maintenance of item 1 of item 50 of the Federal act); Definition of weekly minimum volume of the printing area given to registered candidates, the selective associations, registered candidates (that follows from the maintenance of item 1 of item 52 of the Federal act); regulation of an order of carrying out of joint propaganda actions (that follows from the maintenance of item 4 of item 51 of the Federal act); regulation of the questions connected with carrying out of a toss-up for the purpose of distribution of the free printing area between registered candidates, selective associations; scoping of the broadcasting time given by the regional state or municipal organisations of tele-radio broadcasting for carrying out of pre-election campaign on additional or repeated elections of the deputy (deputies) of legislative (representative) public authority of the subject of the Russian Federation, a municipal union representative body (that follows from the item maintenance 3 items 51);) definition of others, not contradicting the federal legislation, carrying out conditions

Pre-election campaign on TV and radio, and also in periodic printing editions (that follows from the maintenance of item 10 of item 51 and item 52 item 8);

It is obvious, that legislators of subjects of the Russian Federations which are in limits of Southern federal district, publishing the regulatory legal acts, concerning carrying out of regional elections, having certain independence in some questions, practically uniformly approach to pre-election campaign regulation. As an example proving the similar statement, it is possible to result the tables visually reflecting features of the legislation of separate subjects of the Russian Federation, located within Southern federal district, regarding separate questions of pre-election campaign.

The table № 1. «Comparison of separate positions of the selective legislation regarding pre-election campaign of some subjects of the Federation located within Southern federal district».215

Laws

Separate subjects of the Russian Federations which are in limits JUFO

Establishment the law of the subject of Federation of an order of regulation of carrying out of joint propaganda actions (that follows from the maintenance of item 4 of item 51 FZ)
The law Item 70 Item 4. «In joint propaganda actions
The Astrakhan area from The registered candidates (including included in
On June, 23rd, 2003 № The list of candidates), the authorised representatives and
22/2003-03 «About elections Authorised representatives of selective associations, selective
Deputies The blocks which have registered lists of candidates, can
The State Duma To participate only personally ».
The Astrakhan area » Item 70 item 5. «Representatives of the candidate,
(In red. The law Registered on the one-mandatory selective
The Astrakhan area from To district, to participation in joint propaganda actions

215 C the account of that the legislation of subjects of the Russian Federations which are in limits of Southern federal district, is not brought yet into accord with the Federal act from June, 12th, 2002 № 67-FZ «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation» (with amendment from July, 21st, 2005).

04.03.2004 № 7/2004-03) Are not supposed ».
The law Item 40 item 5. «In joint propaganda actions
The Volgograd area The registered candidates (including included in
From July, 1st, 2003 № The list of candidates), the authorised representatives and
839-ODES «About elections Authorised representatives of political parties, selective blocks,
Deputies The candidates who have registered lists, can participate
The Volgograd Only personally ».
The regional Duma » Item 40 item 6. «Representatives of the candidate,
Registered on the one-mandatory selective
To district, to participation in joint propaganda actions
Are not supposed ».
The law Item 45 item 5. «In joint propaganda actions,
Krasnodar territory from Specified in point 4 of the present article, registered
On June, 9th, 2003 № 595-KZ Candidates (including included in the regional list
«About elections of deputies Candidates), the authorised representatives and entrusted
The legislative Persons of selective associations, selective blocks,
Meetings Candidates who have put forward registered regional lists,
Krasnodar territory »(with changes from November, 26th, 2003, on October, 12th and on December, 21st, 2004) Can participate only personally ».
The law

Stavropol Territory from October, 1st, 1997 № 26-kz «About elections of deputies

The State Duma of Stavropol Territory »(in red. Laws CK from 19.05.98 № 12-kz, from

10.05.2001 № 32-kz, from

01.10.2001 № 52-kz, from

The similar norm is absent.

04.10.2001 № 54-kz, from

30.11.2001 № 65-kz, from

27.06.2003 № 17-kz, from

21.10.2003 № 35-kz, from 08.04.2005 №21-kz)

The law of Republic Adygea from August, 4th, 2005 № 351 «About elections of deputies G osudarstvennogo Council - Republics Adygeas Hase» Item 57 item 5. « In the joint propaganda actions specified regarding 4 present articles, the registered candidates (including included in the list of candidates), the authorised representatives and authorised representatives of the selective associations which have registered lists of candidates, can participate only personally. In the specified propaganda action together with the candidate registered on one-mandatory election district, its authorised representative on financial questions can take part, its authorised representative, the member of electoral commission appointed it with the deliberative vote right only provided that about such participation the candidate not less than three days prior to its carrying out has in writing notified the Central electoral commission of Republic Adygea and the tele-radio broadcasting organisation. The central electoral commission of Republic Adygea notifies on it not later than two days prior to day of carrying out of joint propaganda action of all candidates registered on corresponding one-mandatory election district ».

Item 6. Item 57. «Representatives of the candidate registered on one-mandatory election district, to participation in the joint propaganda actions specified regarding 4 present articles, are not supposed».

The law of Kabardinobalkarsky Republic from August, 6th, 2003 № 72-RZ «About elections of deputies of Parliament Item 54 item 4. «... On channels of the organisations of tele-radio broadcasting the registered candidates (including from the list of candidates) can participate In joint propaganda actions only personally, and representatives of the registered candidate for participation in the such

it

The Kabardino-Balkarian Republic »(in red. Laws KBR from

26.06.2004 № 15-RZ, from

20.12.2004 №50-РЗ)

Joint propaganda actions are not supposed, except for the cases established by the present Law ».
The law of the Rostov area from July, 9th, 2003 № 11-ZS «About elections of deputies of the House of Assembly of the Rostov area» (in red. Regional laws from

16.10.2003 № 40-ZS, from

29.12.2003 № 86-ZS, from

14.12.2004 № 213-3C, from

29.12.2004 №266-ЗС)

Item 40 item 4. «... The registered candidates can participate In joint propaganda actions only personally».
The law of Republic Dagestan from July, 25th, 2003 № 22 «About elections of deputies of Public assembly of Republic Dagestan» (in red. Laws RD from

12.05.2004 № 10; from

29.12.2004 №50)

Item 43 item 4. «... In joint propaganda actions

-Jji

On channels of the organisations of tele-radio broadcasting the registered candidates can participate only personally, and representatives of the registered candidate for participation in such joint propaganda actions are not supposed ».

The law of Republic Ingushetia from June, 21st, 2003 № 41-RZ «About elections of deputies of Public assembly of Republic Ingushetia» (in red. Laws RI from 09.09.2003 № 46-RZ, from 15.07.2005 № 35-P3) Item 56 item 3. «In the joint propaganda actions specified in point 2 of present article, the registered candidates (including included in the list of candidates), the authorised representatives and authorised representatives of political parties, the selective blocks which have registered lists of candidates, can participate only personally».

Item 56 item 4. «Representatives of the candidate registered on one-mandatory or


To multimandatory election district, to participation in the joint propaganda actions specified in point 2 of present article, are not supposed ».
The law of Republic Kalmykia from July, 8th, 2003 № 334 ІІ-3 «About elections of deputies of the National Hural (Parliament)

Republics Kalmykias »(in red. Law PK from

22.09.2003 № 383 ІІ-3, red. Law PK from

29.04.2004 № 22-SH-Z)

Item 53 item 4. «... On channels of the organisations of tele-radio broadcasting the registered candidates (including from lists of candidates) can participate In joint propaganda actions only personally, and representatives of the registered candidate for participation in such joint propaganda actions are not supposed, except for cases, statutory».

From the resulted comparative table it is visible, that the greatest independence in case in point regulation is shown by legislators of Republic Adygea. In the electoral law of the given subject of Federation concerning participation in joint propaganda actions, the circle of persons, possessing the right to take part in joint propaganda actions together with the registered candidate is concretised. A category of such subjects concern: the authorised representative of the candidate on financial questions, the authorised representative of the candidate, the member of electoral commission appointed the candidate with the deliberative vote right. In our opinion, the given establishment is positive and can be apprehended legislators of other subjects of the Russian Federation.

The table № 2. «Comparison of separate positions of the selective legislation regarding pre-election campaign of some subjects

The federations, located within Southern federal district ».216

Laws Establishment in laws of subjects of the Russian Federation of possibility
Separate subjects Grantings of a free broadcasting time, on the equal
The Russian Federation, being in limits JUFO Conditions (that follows from the maintenance of item 7 of item 51 FZ).
The law Item 70 item 1. «Registered candidates,
The Astrakhan area from Selective associations, selective blocks,
On June, 23rd, 2003 № The registered lists of candidates, have the right on
22/2003-03 «About elections Granting of a free broadcasting time by it on channels
Deputies The state organisations of tele-radio broadcasting,
The State Duma Carrying out a tele-and (or) broadcasting in territory
The Astrakhan area » Corresponding election district, on equal terms
(In red. The law of the Astrakhan area from 04.03.2004 № 7/2004-03) (Duration of the given broadcasting time, time of broadcast and other conditions) ».
The law Item 40 item 1. «Registered candidates,
The Volgograd area Political parties, selective blocks,
From July, 1st, 2003 № The registered lists of candidates, have the right on
839-ODES «About elections Granting of a free broadcasting time by it on channels
Deputies The state organisations of tele-radio broadcasting,
The Volgograd Carrying out a tele-and (or) broadcasting in territory
The regional Duma » Corresponding election district, on equal terms
(Duration of the given broadcasting time, time of broadcast and other conditions) ».
' the Law Item 45 item 1. «Registered candidates,
Krasnodar territory from Selective associations, selective blocks,
On June, 9th, 2003 № 595-KZ «About elections of deputies The put forward registered regional lists of candidates, have the right to granting of the free radio by it
The legislative Time only on channels of the regional state

216 C the account of that the legislation of subjects of the Russian Federations which are in limits of Southern federal district, is not brought yet into accord with the Federal act from June, 12th, 2002 № 67-FZ «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation» (with amendment from July, 21st, 2005).

Meetings

Krasnodar territory »(with changes from November, 26th, 2003, on October, 12th and on December, 21st, 2004)

The organisations of tele-radio broadcasting specified in the subparagraph of point 5 of article 41 of the present Law and having the licence for realisation a tele-and (or) broadcasting in territory of corresponding election district, on equal terms (duration of the given broadcasting time, time of broadcast and other conditions) ».
The law

Stavropol Territory from October, 1st, 1997 № 26-kz «About elections of deputies

The State Duma of Stavropol Territory »(in red. Laws CK from 19.05.98 № 12-kz, from

10.05.2001 № 32-kz, from

01.10.2001 № 52-kz, from

04.10.2001 № 54-kz, from

30.11.2001 № 65-kz, from

27.06.2003 № 17-kz, from

21.10.2003 № 35-kz, from 08.04.2005 № 21st)

Item 31 item 1. «The organisations, carrying out a tele-and (or) broadcasting, and editions of periodic printing editions (periodic printing editions), founders (souchrediteljami) which are the state or municipal bodies, the organisations, establishments and (or) which are financed not less than for 15 percent of the budget of the corresponding organisation, carrying out a tele-and (or) broadcasting, editions of the periodic printing edition for a year previous day of official publication of the decision on calling an election, at the expense of the means allocated with public authorities of Stavropol Territory, are obliged to provide to the registered candidates equal conditions of carrying out of pre-election campaign».

Item 32 item 5. «In information blocks of the organisations, carrying out a tele-and (or) broadcasting, is not supposed to prefer any candidate, the registered candidate, including on time of illumination of their propaganda activity».

The law of Republic Adygea from August, 4th, 2005 № 351 «About elections of deputies G osudarstvennogo Council - Republics Adygeas Hase» Item 57 item 1. «The registered candidates, the selective associations which have registered lists of candidates, have the right to granting of a free broadcasting time by it on channels of the regional state organisations of tele-radio broadcasting on equal terms (duration of the given broadcasting time, time of broadcast and other conditions)».
The law of Kabardinobalkarsky Republic from August, 6th, 2003 № Item 54 item 1. «The free broadcasting time on channels of the state organisations of tele-radio broadcasting is given to registered candidates,

72-RZ «0 elections of deputies of Parliament of the Kabardino-Balkarian Republic» (in red. Laws KBR from

26.06.2004 № 15-RZ, from

20.12.2004 №50-РЗ)

To selective associations, selective blocks on equal terms (duration of the given broadcasting time, time of broadcast and other conditions) ».
The law of the Rostov area from July, 9th, 2003 № 11-ZS «About elections of deputies of the House of Assembly of the Rostov area» (in red. Regional laws from

16.10.2003 № 40-ZS, from

29.12.2003 № 86-ZS, from

14.12.2004 № 213-3C, from

29.12.2004 №266-ЗС)

Item 40 item 1. «The free broadcasting time on channels of the regional state organisations of tele-radio broadcasting is given to the registered candidates, selective associations, selective blocks on equal terms (duration of the given broadcasting time, time of broadcast and other conditions)».
The law of Republic Dagestan from July, 25th, 2003 № 22 «About elections of deputies of Public assembly of Republic Dagestan» (in red. Laws RD from

12.05.2004 № 10; from

29.12.2004 №50)

Item 43 item 1. «The free broadcasting time on channels of the state organisations of tele-radio broadcasting is given to the registered candidates, selective associations, selective blocks on equal terms (duration of the given broadcasting time, time of broadcast and other conditions)».
The law of Republic Ingushetia from June, 21st, 2003 № 41-RZ «About elections of deputies of Public assembly of Republic Ingushetia» (in red. Laws RI from Item 56 item 1. «The registered candidates, political parties, the selective blocks which have registered lists of candidates, have the right to granting of a free broadcasting time by it on channels of the state organisations of the tele-radio broadcasting, carrying out a tele-and (or) broadcasting on Republic Ingushetia territories, on equal terms

il

09.09.2003 № 46-RZ, from 15.07.2005 № 35-RZ) (Duration of the given broadcasting time, time of broadcast and other conditions)... ».
The law of Republic Kalmykia from July, 8th, 2003 № 334 ІІ-3 «About elections of deputies of the National Hural (Parliament)

Republics Kalmykias »(in red. Law PK from

22.09.2003 № 383 ІІ-3, red. Law PK from

29.04.2004 № 22-SH-Z)

Item 53 item 1. «The free broadcasting time on channels of the state organisations of tele-radio broadcasting is given to the registered candidates, selective associations, the selective blocks which have put forward registered lists of candidates, on equal terms (duration of the given broadcasting time, time of broadcast and other conditions)».

Thus, legislative passivity of bodies of the legislative (representative) power of subjects of the Russian Federation even concerning those questions on which the federal legislation gives to regions relative independence is obvious.

Acts of subjects of the Russian Federation as a whole monotonously treat concept of "pre-election campaign" as that and is demanded by Federal act position «About the basic guarantees...». So in carrying out of election campaign by pre-election campaign admit:

Appeals to vote for the candidate, candidates, the list, lists of candidates or against it (them);

Preference expression to any candidate, selective association, in particular instructions on for what candidate, for what list of candidates, for what selective association will vote the voter (except for a publication case (promulgation) results of poll);

The description of possible consequences in case this or that candidate will be selected or will not be selected, this or that list of candidates

L '

It will be admitted or will not be admitted to distribution of deputy mandates;

Information distribution in which data on any candidate (any candidates) obviously prevail, selective association in a combination to positive or negative comments;

Distribution of the information on the activity of the candidate which has been not connected with its professional work or execution by it of the office (official) duties;

The activity promoting creation of the positive or negative relation of voters to the candidate, the selective association which has proposed the candidate, the list of candidates. [183 [184]

Electoral laws of subjects of the Russian Federations which are in limits of Southern federal district, being based on the federal legislation, establish forms and methods of carrying out of pre-election campaign. In particular pre-election campaign can be spent:

On channels of the organisations of tele-radio broadcasting and in periodic printing editions;

By means of carrying out of propaganda public actions;

By means of release and distribution of printing, audiovisual and other propaganda materials;

1 about

Other methods not forbidden by the law.

It is obvious, that special legal regulation of any "other" methods of propaganda, except three specified above, in the Federal act is not present. But, being based on positions of item 2 of item 12 of the Federal act from June, 24th, 1999 № 119-FZ «About principles and an order of differentiation of terms of reference and powers between public authorities of the Russian Federation and public authorities of subjects of the Russian Federation» before acceptance of federal acts on the questions carried to subjects of joint conducting, subjects of the Russian Federation have the right to carry out own legal regulation on such questions. After acceptance of the corresponding federal act laws and other standard legal acts of subjects of the Russian Federation are brought into accord with the accepted federal act.

The federal selective legislation, and also the legislation of subjects of the Russian Federation is established, that by the candidate, selective association independently define the maintenance, forms and methods of the pre-election campaign, independently spend her, and also have the right to involve in its carrying out of other persons in established by the legislation of the Russian Federation an order. [185 [186] given norm can generate disputable situations which come under to proceeding in practice.

So, by the Krasnodar regional court have been considered V.N.Podshivalova's complaint about cancellation of registration of candidate A.Z.Izmaylov and L.P.Ovchinnikovoj's complaint about cancellation of registration of E.S.Markinoj. As the basis for the specified requirements that the registered candidates A.Z.Izmaylov and E.S.Markin, and also a number of candidates on other election districts have made propaganda posters with an inscription «has served THE more at us will be powers, the more we will make for YOU». According to the applicants, the given posters are inseparable and are propaganda for other candidates that is directly forbidden by the selective legislation. Besides, according to applicants, infringement of financing of election campaign of the candidate by payment of a propaganda material from means of selective funds of other candidates took place, that also it is directly forbidden by the law. However by court in both cases it has been established, that A.Z.Izmaylov's candidates and E.S. Markinoj have been concluded independent dogovory with printing house on manufacturing of a propaganda printing material with full payment from means of selective fund. Thus, infringements of the selective legislation it has not been admitted. The Supreme Court of the Russian Federation has confirmed legitimacy of such conclusion. [187]

In our opinion granting to subjects of Federation of possibility independently to regulate methods and pre-election campaign forms it is not absolutely justified without an exact concrete definition of the specified forms and methods. Such establishment opens possibilities for extensive interpretation that can negatively be reflected in practice of election campaigns. The legislator, establishing at federal level and at level of subjects of the Federation, not exhaustive list of the actions recognised as pre-election campaign, forms and pre-election campaign methods, supposes possibility of use of others, not forbidden by the law, actions, forms and methods. The political technologies used by candidates, participating in pre-election race, can be the diversified, and including directly not forbidden by the law. Possibility of use of "grey" technologies which can be transformed to "black" is not excluded also. So, for example, the technology of active interrogation assumes a special selection of questions which can have under itself any basis or not have anything the general with a reality. For example, a question on that, what do you think of that the Communist Party of the Russian Federation leads election campaign on the money stolen at the people by Berezovsky, it is quite possible to consider as "dirty technology». As well as a question on that, what do you think of that «Uniform Russia» took money for elections from

Pension fund and now pension will raise only for 100 rbl. instead of planned IOOO. [188 [189] Still it is possible to consider as an example of use of non-standard technologies so-called. «Information terror». So, it is possible to note a situation quite characteristic for North Caucasian region when for promotion and theme strengthening leaflets of the similar maintenance are started: «the Chechen community of region with all my heart expresses

Support to the candidate..... For its aspiration to shelter in your city of a family

Our fellow countrymen who have remained without a roof over the head as a result of emancipating war in the Chechen Republic. We are glad, that we will live near to you and to build together a fair society where people of all people will have the right to success and hope. Support the candidate..... On elections. The Allah akbar! ».

According to article 71 of the Constitution of the Russian Federation, regulation and protection of the rights and freedom of the person and the citizen (and consequently, and the rights to participation in pre-election campaign) is in conducting the Russian Federation. At the same time protection of the rights and freedom of the person and the citizen is a subject of joint conducting the Russian Federation and its subjects (the item ch. 1 items 72).

Carrying protection of suffrages of citizens to subjects of joint conducting, the Constitution accurately does not establish, subjects of the Russian Federation have what powers in this sphere.

«Razmytost the constitutional reference points leads to inconsistency of the federal legislator in scoping of regulation of the elections spent in subjects of the Russian Federation, and quite often leads to unreasonable restriction of powers of subjects of Federation in the field of the selective legislation». [190]

According to V.N.Falkova one of the most essential lacks of the operating Federal act «About the basic guarantees...»

Is, that in comparison with the predecessors it in many respects recedes from a principle of the minimum frame regulation. Practice convincingly testifies, that the formula put in pawn in it - «the basic guarantees in one general law — additional guarantees in all other laws» - has appeared inefficient. In overwhelming majority regional, and federal acts its corresponding positions only mechanically are reproduced, and any serious additional guarantees is established a little. [191]

Procedure of an establishment of additional guarantees is registered in the Federal act is washed away enough. So, till now there is no sufficient clearness in a question on in what cases and limits subjects of Federation can fix additional guarantees in the legislation. If to start with close interpretation of its positions it turns out, that additional guarantees can be established only in those directions which are directly designated in the text of the considered Federal act. Concerning pre-election campaign we find only such six cases, and all of them anyhow concern conditions of its carrying out on channels of the organisations of tele-radio broadcasting and in periodic printing editions. [192]

According to JU.A Vedeneyev and S.D.Knyazev: «any attempts of regulation of suffrages of citizens at level of laws of subjects of the Russian Federation mismatch the constitutional status of the Russian citizens and cannot be qualified as lawful influence on the legal maintenance of selective legal relations. Proceeding their it suffrages of the citizens who are a consequence pravotvorcheskoj of activity of a legislature of the power of republics, edges, areas and other subjects of Federation, should not come under

To realisation and protection. PIx it is impossible to consider as a compound component of the legal maintenance of selective legal relations ». R§shodja from this subjects of the Russian Federation are obliged to protect suffrages of citizens, but thus should not and cannot regulate them. The given conclusion is not represented convincing.

It is necessary to agree with opinion Falkova V H., which protection of the right to participation in pre-election campaign, no less than other suffrages of citizens considers, that «, it is necessary assumes their regulation not only on federal, but also at regional level». [193 [194]

Suffrages of citizens can be established only at federal level. At the same time guarantees of their realisation should be fixed not only in federal, but also in the regional legislation. Thus, there is a necessity for an establishment of additional guarantees of suffrages of citizens at regional level. It can prove to be true and tebm, that real necessity for additional guarantees of the right to pre-election campaign (and not only regarding its carrying out through mass-media) exists, because each subject of the Russian Federation has the specificity caused by the diversified factors (a geographical position, sotsialnoekonomicheskim development, national structure, cultural traditions etc.) . For example, high-mountainous areas of the North Caucasian republics. In territories of such regions lives rather a small amount of voters, including the radical people of caucasus - aguly, tabasarany, talyshi, laktsy. As to an order of the organisation and pre-election campaign carrying out in cities and settlements here as a whole exist characteristic for any other subject of the Russian Federation of a problem. At the same time there are also features. The part of voters of district is on considerable distance from settlements. To reach the majority

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From them that is possible only by the helicopter, and not always. If in usual conditions citizens receive the information on candidates (frequently even irrespective of their desire) here such possibility is not present. Owing to the specified circumstances candidates cannot inform the position to this category of voters. As a result the choice of the last entirely depends on members of electoral commission who will organise voting «in field conditions». At all not wishing that, they are forced to acquaint short at least people with a course of elections and persons participating in them.

Thus, at level of the legislation of subjects of the Russian Federation followed fix possibility of distribution of propaganda materials in languages of the radical people of caucasus.

Political process in subjects of North Caucasian region cannot be considered, in our opinion, in a separation from religion. The group of authoritative Russian researchers notices, that «konfessionalnyj the factor can be hardly effectively used (if at all it can be

ALL

It is used) for the sake of achievement of political stability in region ». In republics of the North Caucasus now processes islamizatsii dynamically develop. The specified processes are most brightly shown in east part of region - first of all in Dagestan, the Chechen Republic, Ingushetia where there were centuries-old traditions, has settled clan (tejpovaja) obustroennost societies. According to some information, by 1999 in 68 Dagestan auls the real power belonged to religious figures and active workers. [195 [196] at level of rural areas strong enough and consolidated social pressure which forces the person to submit formally anywhere to the not fixed norms of behaviour is observed, does quite possible functioning of some traditional norms as certain kvazipravovoj systems of regulation of the public relations, provided with authority of public opinion. Others

Words, at this level there is no necessity to make out norm of traditions as the right as they can quite have the status of "national traditions» or «civil initiatives» that helps to avoid legallistic collisions.

In a number of republics of Southern federal district in the course of the state building the basic directions of the Concept of the state national policy of the Russian Federation are considered. polietnichnym region within the North Caucasus Dagestan is most. Here by different estimations live more than 50 people. Any of the ethnic groups entering into an official circle of the radical people of Dagestan does not constitute the majority in republic (dominate an alliance dargintsev and avartsev which also compete with each other). Any of groups has no such numerical or historical and cultural domination to exclude any participation of representatives of other groups in acceptance of the major political decisions. One of features of republic Dagestan is national identification. For a considerable part of the population the ethnic factor appears solving at employment, family creation, finding of friends, voting on elections. Modern Dagestan is practically deprived actually democratic traditions, experience of a public policy. Historically on this ancient earth related and authoritative systems dominated. Undoubtedly, that the existing control system of the most direct image affects character of a public policy in Dagestan as a whole when the open political competition and public collisions of politicians are minimum, and the closed klano-corporate agreements and intraelite balance, and actually public policy, and in particular elections have a main role, plays only a role original «a political garnish». The republican law on elections of deputies [197]

Public assembly regulates pre-election procedures, including pre-election campaign. The specified stage of selective process in practice is reduced only to a formal regulation.

Proceeding from the above-stated, we believe, that the legislation on elections of subjects of the Russian Federations which are in limits of Southern federal district, should consider their national features. In particular, as an additional guarantee the electoral law of the subject can contain norm of the following maintenance: «the Pre-election campaign spent by the candidate, selective association, can consider national features of region».

According to the federal legislation the state regional and municipal organisations of tele-radio broadcasting are obliged to give a free broadcasting time to the registered candidates, selective associations for pre-election campaign carrying out, and also edition of the state and municipal periodic printing editions extended to territories on which an election is held, and leaving not less often than an once in a week, obliged to allocate the printing

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The areas for placing of propaganda materials. •

Certainly, encumbrance of regional and municipal mass media by duties to give a free broadcasting time and the free printing area for pre-election campaign, is positive as promotes realisation of a principle of equal access of the registered candidates and selective associations to mass media. However realisation of the specified obliging rules of law is possible only in the presence of certain material conditions. First of all it concerns [198 [199] presences in region or in municipal union of corresponding mass media.

In Southern federal district it is registered about 4000 mass media, nearby 2500 - aktivnodejstvujushchie. The share of participation of the state bodies in establishment of mass-media as a whole on region is a little above, than on the country: in the Russian Federation every fifth mass media has as the founder or souchreditelja the state and municipal organisations, in Southern federal district - every fourth. However on subjects of federation the number of the state mass-media far is not identical: if in the Rostov area they constitute from 16 to 22 %, in Ingushetia in some territories — to 53 %. On level of a saturation mass media the Southern federal district as a whole is not among «is information rich» the Russian regions. Following the results of researches for 2000 Only one of the subjects of the Russian Federation who are in limits JUFO - Krasnodar territory - has got to first ten the territories which-have the greatest quantity of mass media (251) accessible to the population, having conceded therefore to an indicator only to Moscow (746) and to St.-Petersburg (253). [200]

For example, as of July, 2004 in Krasnodar territory practically in each city and a village there is a TV. Televiewers have possibility to look programs of 72 local broadcasting companies and television studios, from them 57 - not state. The greatest variety the teleether of Krasnodar and Sochi differs. C 1996 in edge the Union of independent broadcasting companies of Kuban the "Contrast" consolidating about three tens of commercial speakers operates. The union promotes formation of a regional information field, carrying out interchange by teleprograms.

At the same time, in the list of 10 information "outsiders" of Russia - territories where the narrowest choice of sources of the mass information is offered to the population, two republics located within JUFO - the Chechen Republic and Ingushetia have got. They have appeared and among the territories least provided with the printing press.

Thus, it is obvious, that possibility of distribution of propaganda materials depends on "development" of an information field in region. The decision of the given problem, in our opinion, can go on an influence way on the aggregate terms of carrying out of pre-election campaign established by the federal act. We consider, that it is necessary to carry possibility to the competence of subjects of the Russian Federation

Independent definition of terms of pre-election campaign in region, proceeding from its information security. So, in electoral laws of subjects of the Russian Federations which are in limits of Southern federal district, characterised by low level of security mass media (as, for example, Ingushetia and - the Chechen Republic),

Presumably, term of the beginning of propaganda actions could be expanded. The specified term it is possible, leaning against experience of the Ukrainian legislation to define as: «50 days prior to elections» (not speaking about possibility to cancel time frameworks of pre-election campaign in general). The establishment, concerning increases in terms of carrying out of pre-election campaign, will give the big possibility of distribution of propaganda materials all to the registered candidates and selective associations with use of lawful forms and methods.

As one of sharply standing problems in the course of carrying out of pre-election procedures in Russia the problem of use of an administrative resource has proved. The specified problem is not alien and for the subjects who are in limits of Southern federal district. It is bared in [201]

Process of elections of all levels: on elections of deputies of the State Duma of Federal assembly of the Russian Federation, on elections of deputies of legislative (representative) bodies of subjects of the Russian Federation, and also on elections of representative bodies and officials of local government. Such fact is marked by many independent organisations which are carrying out supervision for selective processes in the Russian Federation.

Election campaigns of last years, since December, 2003 as it is marked in OSCE reports on supervision over elections, the most widespread complaint use of an administrative resource by candidates of party «Uniform Russia» is. Official position use admits everywhere, but during elections the given question prevails. Special concern is caused by that fact, that the high-ranking officials actively agitate for some parties and some candidates, including the heads of some subjects of federation who are in limits of Southern federal district who, as a rule, are included in lists «Uniform Russia». Moreover, some of heads of subjects of the Russian Federation and other officials break the requirement about stay of execution of the official functions during their participation in election campaign. The international mission notices, that some of the given officials could appear on public, carrying out the official powers, for example, opening polyclinics.

In some cases, the staff of the candidate of "Uniform Russia» settled down in local administration or governmental body. In some districts to members of the International mission it has been told, that the equipment and support of a local staff «Uniform Russia» is provided with local administration. [202]

Such fact is remarkable, that in subjects of Southern federal district on the eve of elections of deputies of the State Duma in 2003 Plenipotentiaries of the President of the Russian Federation in Southern federal district signed with «Uniform Russia» dogovory on pre-election campaign. So L.Ivlev who is the deputy chief of central administrative board of internal policy of administration of the president and in combination by the first deputy head of the central executive committee of party «Uniform Russia», sojourning in long holiday, at party conference in a city of Sochi, addressing to participants, marked: « In whatever conditions you worked, your actions deserve all support and approval - such opinion not only in the party CEC, but also in administration of the president. We absolutely resolutely declare, that administration of the president and the party supporting the president, go together. We met in former my quality - who yet does not know, I head management in administration of the president. Now, being in long enough holiday, I work in party central office. It not any use of an administrative resource, is the realised political position. Therefore any doubts concerning the coordination and coordination of our actions should not be. We should speed up work, air flights and agitprobegi are not necessary to us. Concrete work is necessary - we count on support from federal inspectors and the device of the plenipotentiary of the president ». In our opinion it is necessary to consider the similar facts as the roughest infringement of the selective legislation.

The executive authority of all levels actually with impunity uses illegal methods to influence a course of election campaign, voting and its results. At level of subjects of the Russian Federation this problem costs most sharply. Practically the principle of equality of candidates is everywhere broken. It is reached as at the expense of [203 [204] creations of unequal conditions of conducting propaganda campaign, and by removal from a distance electoral commissions and vessels of "objectionable" candidates because of insignificant formal infringements for which the "advanced" candidate is not made accountable. Rooting of similar practice has already led to that a so-called administrative resource which is than other as direct infringement of a principle of equality of candidates, it is perceived both representatives of authorities, and a society as indispensable attribute of elections. [205]

The legislation of subjects of the Russian Federation, being not contradicting federal, establishes a circle of persons, not having the right to participate in the propaganda actions, thus specified laws actually copy the maintenance of item 48 FZ «About the basic guarantees...» Those admit: public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local governments; the persons who are on the state or municipal service; military units, military establishments and the organisations; the charitable organisations and the religious associations founded by them of the organisation, and also representatives of religious associations at fulfilment of ceremonies and ceremonies; electoral commissions, members of electoral commissions with the right to vote; foreign subjects, stateless persons, foreign legal bodies. However the similar interdiction, and first of all extending on public agents, is, now, ignored norm.

The real competition during election campaign among candidates is substituted for a competition for administrative resources. Thus universal use of an administrative resource about what the majority of citizens and participants of selective process knows,

Actually it is not barred in any way though the legislation forbids to use «advantages official and the official position». In practice this norm of the law remains inefficient — "does not work" — though the demonstrative facts are available. Moreover, it turns out, that formal execution by officials of the law, actually interferes with counteraction to infringements. The candidates occupying responsible state posts (elective or not) go on leave for the period of campaign and by that in practice receive the indulgence on use of an administrative resource.

In this connection interesting the lawsuit considered by the Supreme Court of the Russian Federation in June, 2003 is represented. So the district electoral commission of Zernogradsky one-mandatory election district N ° 26 Rostov areas has addressed in court with the statement for cancellation of registration of the candidate of the House of Assembly of the Rostov area of V.I.Elevy because after acceptance by the commission of the decision on its registration in the commission the statement from the candidate on the same election district N.N.Parhomenko that V.I.Eleva, being the chief of military chair of the Azovo-Black Sea state agroengineering academy, used at carrying out of pre-election campaign of advantage of the official position has arrived. The check spent by electoral commission, it has been established, that by V.I.Elevoj have been concluded dogovory podrjada with employees of military chair who are in its direct submission. After check the decision about a reference to the court was accepted. The court also has established, that employees of chair signatures of voters in working hours gathered, and taking into account all circumstances has cancelled registration of the candidate. In connection with the admitted remedial infringements (neizveshchenie about time and a court session place) the Supreme Court of the Russian Federation the specified decision has been cancelled also business is returned by V.I.Elevy on re-examination. But, because by the new trial moment has put elections already have taken place also the matter in dispute was absent, the Rostov provincial court under V.I.Elevy's petition definition from June, 4th, 2003 has ceased manufacture on the given case.

Thus, the bases for giving by participants of selective process of petitions are not only fulfilment by the registered candidates of infringements of the selective legislation, but also misconstruing by applicants of norms of the selective legislation. And in some cases such statements can be regarded as means for elimination of the basic contender when courts remove from a distance of "objectionable" candidates even because of insignificant formal infringements for which the "advanced" candidate is not made accountable.

The last election campaigns in Stavropol Territory also have not been deprived infringements regarding pre-election campaign. The Stavropol regional electoral commission notices, that during election campaign on a by-election on February, 6th, 2005 on 22 Pyatigorsk one-mandatory election district the serious incident connected with a name of A.A.Anfalova which is the general director of Open Society "Ставропольэнерго" took place. Publicity boards with the image of the candidate as the head "Stavropolenergo" have been paid not from its selective fund as that is demanded by the legislation, and from other sources. Preliminary having consulted with experts of the Central electoral commission, the district and regional commissions have specified in it to the candidate. Anfalov has addressed with the complaint in the Stavropol regional court which has completely satisfied it. According to members of the Stavropol regional electoral commission, the similar decision is not proved. [206] Express prohibition on actions such contains in the Federal act «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens Russian

Federations ». [207 [208] Given situation confirms that introduction in selective process of an administrative and information resource against which separate candidates can lean, leads to that the general principle of the equal passive suffrage"stays idle".

Monitoring of selective process in the Southern federal district, spent by the Moscow Helsinki group, has revealed a problem generating similar sort of a situation: it consists in a low overall performance of electoral commissions. The functions assigned to electoral commissions under the control over legislation observance get minor value. Decisions of the commissions, concerning infringements or restrictions of suffrages of citizens, as a rule, grow out of references from candidates and voters. Electoral committees in rare instances independently initiate trials, preferring not to notice infringement of an order of conducting propaganda. At the same time such position with activity has also objective causes. According to the new legislation the election campaign period is reduced about three months, and the volume of "paper" work has increased. Monitoring has testified, that «the new system of the reporting» is a serious lack of the novel. Many respondents — members of electoral committees considered a considerable quantity of accounting documents as a principal cause complicating daily activity of the commissions, finally, reducing overall performance.

It is impossible to disagree that increase of volume of the documentation and the reporting switches attention of members of electoral committees to the bureaucratic party of work of the commissions and is a problem. But nevertheless, on our belief, a principal cause of an inefficiency of work of the commissions on the control over observance of suffrages there is a pressure of the authorities upon electoral committees. Electoral commissions are not independent bodies in the work. Actually they function as one more structure of local administration. Electoral committees first of all supervise observance of interests of local authorities during election campaign, in the second — observance of suffrages. Dependence of electoral commissions on local authorities, according to the federal and regional legislation, presumably, can be eliminated by an establishment of vertical dependence of electoral commissions, i.e. By means of requirement introduction about obligatory inclusion in structure of the regional commissions of representatives of the Central electoral commission. However practice shows, that representatives of the Central Electoral Committee in the regional commissions, as a rule, there were chosen by the executive authority in region people, whose nominees were represented to the Central Electoral Committee and

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Subsequently affirmed.

It the inefficiency of work of the commissions which often ignored barefaced infringements of requirements of the law if they have been admitted by candidates, as a rule, openly supported by the power speaks. In this sense work of electoral commissions of the Stavropol, Krasnodar edges, the Astrakhan, Volgograd, Rostov areas and other regions which did not notice the public facts of direct propaganda of governors for one of candidates is indicative, thus pedantically fixed infringements of an order of conducting propaganda by other candidates.

Use of a so-called is administrative-tape resource was marked during elections of the Head of administration of Krasnodar territory on March, 14th, 2004. A.N.Tkachev has refused use of a paid and free aether and publications in mass-media, by analogy to the candidate of Century V Putin. Propaganda (actual) was conducted on the sample of campaign of 2003 when mass-media [209] fixed trips and statements of the governor-holiday-maker as operating. The inhaling with promotion to 24.01.2004г became feature of campaign of 2004. (Publicly, at session ZSK). Till this day in all power the information resource when Tkachev met sportsmen, has been used by veterans, opened new is social-significant objects etc., that in detail shined all mass-media. All election campaign Tkachev went round all areas, having thematic meetings: development of resorts, agriculture, etc., receiving sincere (for the first time has arrived) an applause and support of spectators of TV and readers of newspapers. Newspapers carefully and with pleasure did to the candidate free PR.

All campaign Tkacheva passed under the motto «to guarantee absence of infringements of the legislation». Only one day in an administrative pool of mass-media there was an infringement of balance of informing of voters - 13.02.2004 All rest of the time the balance of illumination of activity of major candidates — Tkacheva A.N. was observed and Pahomova A.N.last has concentrated on support of a small-scale business and protection of the rights of consumers. Sometimes gave the information on Bondarenko A.N. (LDPR). But Bondarenkos and Kirichenko actually did not spend campaign, voters did not meet almost, «have lain down on a bottom». Used only free mass-media. [210]

Thus, use of similar methods of carrying out of election campaigns has for an object to consolidate an administrative resource of all levels of the power for formation of rigidly centralised system of the government.

In some cases of the statement concerning law-breakings by the executive authority were completely ignored. For example, the Astrakhan regional public organisation «Committee of assistance to protection of legitimate rights of the person» has addressed with the statement in Regional electoral commission on the facts of use of an administrative resource the governor of area, on what chairman OIK Pokrovskij E.M. has answered, that «he does not pay attention to such statements». [211]

Besides electoral commissions practised the double standard in the work, sometimes they seriously broke rules of propaganda campaign. So, for example, on the reference of voters of the Astrakhan area in regional election committee concerning unacceptability of performances of some candidates, the chairman of Regional election committee instead of considering the reference to pass the decision about legality of the designated performances, has solved on the air on TV to present in a negative context of the candidates who have not signed the agreements «About fair and pure elections», thereby neglecting an interdiction for conducting propaganda (antipropagandas) by representatives of electoral committees.

The agreement was offered to signing by party «Uniform Russia» to candidates on one-mandatory district (the Astrakhan area). The chairman of Regional election committee has explained the fact of occurrence of unseemly performances to that between candidates this "gentlemen's" agreement and who has refused to sign the agreement has been signed, that and is the infringer. Thus, the chairman of Regional election committee «in public declared the priorities, and named other candidates« chronic candidates », and"rowdies". [212] Moreover, legality or illegality of actions of the candidates who have admitted unseemly, according to voters, statements, was defined not by the federal act, instead of the valid agreement which represents no more, than the initiative of one of participants of election campaign.

Thus, similar cases confirm exclusive position of separate candidates during election campaign, and also dependent character of electoral committees from the executive authority. Supporting such candidates, heads of administrations, governors show the loyalty of the federal authority and for this purpose practically free supervise electoral committees.

On our belief, such cases directly speak about abusing the official position and about neglect the law. They demand acceptance of drastic measures to infringers of instructions of the law.

It is possible to agree with opinion of the deputy of State Duma JU.P. Sentjurina, that completely vykorchevat the administrative resource the next years is not obviously possible though to weaken consequences of its application quite really. Only active public control over election campaigns is necessary. It is necessary to involve in the control over preparation and elections of the organisation of a civil society, political parties and other associations of citizens. Such control considerably will reduce possibilities for all abusings in political process. [213]

Practically in all subjects of Federation who are in limits of Southern federal district, the principle of equality of candidates is broken. Similar infringements are characteristic for elections of all levels. It can be reached at the expense of creation of unequal conditions of conducting propaganda campaign.

One of displays of infringement of a principle of equality of participants of selective process during last election campaigns in Southern federal district is the information policy of regional state television channels. The number and duration of plots of the information programs devoted to activity of candidates, leaning against party support «Uniform Russia», repeatedly surpass the similar information on other candidates. Second half of pre-election race is accompanied by campaign of discredit of the Communist Party of the Russian Federation, and possibility for the adequate answer is not given to this party. Disbalans in the information policy has been noted in December, 2003 by the international observers. State obshchefederalnye and regional mass-media cannot provide the balanced illumination of election campaign, on journalists there is a considerable pressure that limits the information accessible to voters so that they could make the choice based on the full information.

The above-stated allows to speak about a problem of direct economic dependence of mass-media from authorities. Concerning the given problem M.S.Trofimov fairly notices, that the latent influence on mass media takes place. As the form of such influence act «dogovory on rendering of information services between public authorities of the subject of the Russian Federation or local government and certain mass media (more often printing - newspapers of regional scale) on rendering of information services. According to such documents of mass media carry out"all-round"illumination of activity of authority with which the contract is concluded, and the corresponding public authority of the subject of the Russian Federation or local government gives mass-media the information on the activity and monetary compensation agree contracts. In subjects of the Russian Federations which are in limits of Southern federal district, dogovory about rendering of information services take place in all from 13 subjects and their cancellation, as a rule, occurs unilaterally at the initiative of authority as the sanction for "inadequate" illumination of activity of public authorities or local governments ». [214 [215]

Thereupon the principle of independence of printing mass media is excluded, in effect. It is in the direct image it is reflected in the right of candidates and political parties to equal access to mass-media.

The law «About the basic guarantees...», and also laws of subjects of the Russian Federations which are in limits of Southern federal district establish general terms of access of candidates and selective associations to mass-media, which. Are obliged to provide to the registered candidates and the selective associations, equal conditions of carrying out of pre-election campaign. However neither at federal level, nor at level of subjects of the Russian Federation it is not enough real mechanisms of maintenance of this norm. In information blocks it is not supposed to prefer any candidate. However in practice of deviation from the given norm it is available.

So, in pre-election campaign on presidential elections of the Russian Federation, the governor of Krasnodar territory, deputies of the House of Assembly of Krasnodar territory following features on March, 14th, 2004 have come to light:

1. Broadcasting companies NTK and GTRK Kuban have specified quotations in a teleether which do not allow candidates to take advantage of a paid teleether: NTK - 25 thousand rbl. of/minute, GTRK Kuban - 100 thousand rbl. of/minute In this case is meaningly applied technology of an excommunication from a teleether. This technology is combined with refusal of the governor of paid and free propaganda in mass-media. Thus any of candidates in governors could not use the legitimate right for paid TV.

2. Daily within 30 days on 10 television channels according to a toss-up spent Krajizbirkomom, it is provided 12-13 intervals of time devoted to political propaganda of candidates. According to the legislation on elections, not less than 50 % of time it is provided for teledebates of candidates. Governor A.N.Tkachev has refused teledebates, by an example of the president of the Russian Federation V.V. Putin that has led "rassypaniju" teledebates (round tables) candidates in the absence of object of criticism, and, unlike candidates for Presidents of the Russian Federation, teledebates at local level

Were not spent at all. According to the law, the part of time for self-advertisement is in exchange given to the candidate.

3. Practically all local television channels, not having the right to occupy time which has been taken away on political propaganda, all this time show cartoon films and beauty of natural landscapes.

4. Candidates ZSK did not use a teleether, understanding uselessness for them these huge expenses against presidential elections

LGL

The Russian Federation, the governor and the mayor.

Thus, at level of subjects of the Russian Federation remedial realisation of norms of electoral laws is far from an ideal. There are "reefs", to bypass which to the legislator difficult enough; it is obvious, that the legal base in the given area is not perfect. At a similar state of affairs it is difficult to speak about equality of candidates. Specified by the legislator «equal possibilities» in practice are not maintained. Therefore it is obviously necessary with a view of maintenance, instead of declaring of equality of the rights of candidates to use mass-media only on a gratuitous equal basis. In this case the duty of granting to candidates of a free broadcasting time and the printing area will be assigned to the state and municipal mass-media.

For maintenance of guarantees and creation of the maximum possibilities in realisation by the citizens living in subjects of the Russian Federation, a part of Southern federal district, the suffrages at elections to local governments corresponding laws on elections of deputies of representative bodies and heads of municipal unions are passed. The specified laws are developed according to the Federal act from June, 12th, 2002 № 67-FZ «About [216 [217]

The basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation »and the Federal act from November, 26th, 1996 № 138-FZ« About maintenance of constitutional laws of citizens of the Russian Federation to select and be the elite in local governments », and also taking into account experience of elections of various level, the newest legislation on political parties and public associations, judiciary practice under the permission of selective disputes, legal positions of the Constitutional court of the Russian Federation.

It is necessary to underline, that legal regulation of election campaigns at elections of deputies of representative bodies and heads of municipal unions is within the competence of the federal authority and the power of subjects of Federation. The role of local governments at a pre-election campaign stage is insignificant, it is reduced, basically, to realisation assigned to them the federal legislation of duties. Duties of local authorities represent itself as additional guarantees of realisation of the right to pre-election campaign. On the basis of the analysis of positions of the federal legislation it is possible to allocate a circle of the questions concerning conducting of local authorities. Them concern: assistance to candidates and selective associations in the organisation and carrying out of pre-election meetings, meetings of candidates and their authorised representatives with voters, and also in the organisation and carrying out of propaganda public actions; Gratuitous granting at their property or the disposal necessary premises for meetings of candidates and authorised representatives with voters; [218 [219] [220] allocation and

Arrangement of special stands for posting or sticking-up of propaganda printing materials in territories of polling districts in the places convenient for visiting by voters. [221]

The reform of the local government which has begun in our country with acceptance of the Federal act «About the general principles of the organisation of local government in the Russian Federation» [222], and also dynamism of development of the legislation on elections and the organisation of selective process predetermine necessity of reduction for conformity of laws of subjects of the Russian Federation about elections of deputies of representative bodies and heads of municipal unions. The specified laws regulate also questions of carrying out of pre-election campaign. Especially it is necessary to notice, that legislators of subjects of the Russian Federations which are in limits of Southern federal district, observing obshchefederalnye instructions, as a whole not unequivocally approach to regulation of local election campaigns. It consists that the selective legislation of such level can be subdivided on two groups. C one party it is the legislation on elections of deputies of representative bodies of local government and heads of municipal unions which in the separate subject of the Russian Federation is issued in the uniform certificate. C other party the similar legislation can be presented in two independent certificates: as the law on elections of deputies of representative bodies of local government; as the law on elections of heads of municipal unions.

So, for example, it is possible to carry laws of the Astrakhan, Volgograd areas to the first category of normative acts, Republics Kalmykias,

Stavropol Territory, Krasnodar territory. To the second, - for example, laws of Republics Adygeas, Dagestan, Ingushetia, Kabardino-Balkariya, laws of the Rostov area.

' і

The analysis of positions of the legislation of subjects of the Federation located within Southern federal district, and heads of municipal unions allows to draw a conclusion on elections of deputies of representative bodies of local government that concerning pre-election campaign pravotvorcheskie bodies of the specified subjects of Federation establish the rules which as a whole are not contradicting federal instructions. The mission of laws of subjects of the Federation regulating selective procedures of municipal level, consists that in them the order of the organisation and elections of deputies of representative bodies and heads of municipal unions is defined by the citizens living in territory corresponding [223 [224]

Municipal unions, and also additional guarantees of realisation are established by citizens of the right to select and be the selected deputies of representative bodies of municipal unions or heads of municipal unions.

Possibilities of subjects of Federation independently to regulate separate questions of pre-election campaign at local level including by means of an establishment of additional guarantees, are narrow enough. They are limited to Federal act frameworks «About the basic guarantees...». Above we had been specified a circle of powers which can be carried to a subject of independent conducting subjects of Federation, in the field of pre-election campaign, proceeding from the maintenance of norms of the Federal act.

Having analysed the maintenance of regulatory legal acts of separate subjects of the Russian Federations which are in limits of Southern federal district, concerning an establishment of the additional guarantees, pre-election propaganda actions concerning carrying out at carrying out of municipal elections, it is possible to note some features of the regional legislation.

The norm of the federal selective legislation reflected in all acts for elections of subjects of Federation, being in limits of Southern federal district which establishes, that total amount of a free broadcasting time which everyone the municipal organisations of tele-radio broadcasting gives for pre-election campaign carrying out is worthy, should constitute on each of channels not less than 30 minutes on the working days. Especially it is necessary to notice, that the given rule is established concerning the working days. That is, as it follows from sense of norm, being the imperative instruction, does not extend on target and not workers celebratory [225]

Ti

Days. However in the Law of Republic Adygea from August, 12th, 2002 № 89 «About

L/L

Elections of the head of municipal union »in item 48 item 7 it is established, that the broadcasting time should be given by the tele-radio broadcasting organisations on the working days. Also in item 3 of item 48 of the specified law the total amount of a free broadcasting time which each of the municipal organisations of tele-radio broadcasting gives for pre-election campaign carrying out is defined, that, should constitute not less than thirty minutes on the working days. It is possible to assume, that item 48 item 7 cannot be considered as an additional guarantee for item 48 item 3, as, duplication of norms in one legal act senselessly. Accordingly, it is possible to draw a conclusion, that the norm of item 7 of item 48 regulates broadcasting time granting for a payment. Thus, on our belief, the norm of item 7 of item 48 of a law in force of Republic Adygea« About elections of the head of municipal union »should be changed to norm of the following maintenance:« the broadcasting time for a payment should be given

The tele-radio broadcasting organisations on the working days ». Thus experience of the Adygea legislation can be apprehended other subjects of Southern federal district.

It is necessary to stop and on granting questions to the registered candidates of the free printing area for the municipal periodic printing editions leaving not less often of an once in week, on equal terms. Such conditions as follows from the maintenance of acts of subjects of the Russian Federation of the Southern federal district regulating an order of elections in municipal unions, are: equal volume of the given printing area, an identical place on a strip, an identical font size, other conditions. Features the Republic Adygea Law «About elections of the head of municipal union», in which [226] in this respect has

h

The equality principle is provided as well with the additional norms concretising «other conditions». In particular, it is established, that editions of the state and municipal periodic printing editions extended to territories on which an election of the head of municipal union is held, and leaving not less often than an once in a week, are obliged to allocate the printing areas in volume no more the one second strip of format AZ for the propaganda materials given by registered candidates. [227] thus, the legislator pays attention to the quire format which part is without fail allocated for placing of propaganda materials. In our opinion such instruction is not absolutely justified whereas for printing editions the uniform format and consequently there is enough instructions on the allocated printing area in percentage terms from total amount is not established.

Laws of subjects of the Russian Federations which are in limits of Southern federal district, on elections of deputies of representative bodies. And heads of municipal unions establish as a duty for editions municipal periodic printing the edition the general weekly minimum volume of the printing area given to registered candidates and selective associations for placing of propaganda materials. C this position the specified regulatory legal acts can be classified on two groups. It is possible to carry the laws establishing to the first, that the general weekly minimum volume of the printing area should constitute not less than 10 percent of total amount of the weekly printing area

The corresponding edition. To the second - the laws establishing, that such volume of the printing area should constitute not less than 5 percent of total amount of the weekly printing area of the corresponding edition.

It is represented, that, publishing such norms, legislators started with possibilities of printing mass media in municipal unions. So, for example, in Republic Dagestan laws «About elections of deputies of representative bodies of local government» and «About elections of the head of municipal union, other officials of local government» the general weekly minimum volume of the printing area given free of charge is fixed, that, should constitute not less than 10 percent of total amount of the weekly printing area of the corresponding edition. The law of the Astrakhan area «About elections of deputies of representative bodies of local government and heads of municipal unions in the Astrakhan area» fixes, that the general weekly minimum volume of the printing area should constitute not less than 5 percent from total amount of the weekly printing area of the corresponding edition. [228 [229]

Especially it is necessary to note the legislation of such subjects of the Russian Federations located within Southern federal district, as Adygea and Kabardino-Balkariya. It is remarkable that the Republic Adygea Law «About elections of the head of municipal union», and also the Law of Kabardinobalkarsky Republic «About elections of deputies of representative bodies of local government» establish weekly minimum volume of the printing area not less than 5 percent [230] and on the contrary, the Law

Republics Adygeas «About elections of deputies of a representative body of municipal union» and the Law of the Kabardino-Balkarian Republic «About elections of the head of municipal union» define such volume not less than 10 percent [231]. It is obvious, that such positions in considered laws are directly opposite each other. Thus, on our belief, it confirms groundlessness of the legislator in

To

Establishment of similar rules. We consider, that definition of the general minimum weekly volume of the printing area allocated for the publication of propaganda materials, depends on a number of the reasons, namely: from volume of the printing area of the periodic printing edition, from a rating of popularity of the periodic printing edition, from number of periodic printing editions in municipal union territory, from the general number of the registered candidates and selective associations. Thus the establishment of the minimum percent should be identical as at elections of heads of municipal unions, and deputies of representative bodies of local government. It can be proved that the propaganda materials published by candidates and selective associations, simultaneously act and as informing the population about elections.

Laws of subjects of the Russian Federations which are in limits of Southern federal district, regulate an order of carrying out of a toss-up with a view of distribution of the free printing area between all registered candidates, selective associations and establishments of dates of free publications of their pre-election propaganda materials. Toss-up regulation is carried out by means of an establishment of terms of its carrying out, definition of the subjects, authorised her to spend and possessing the right to be present at its carrying out. Legislators of subjects approach to the given question differently. Concerning an establishment of terms of carrying out of a toss-up there is no uniform denominator. So in Republic Dagestan laws «About elections of deputies of representative bodies of local government» and «About elections of the head of municipal union, other officials of local government», the Rostov area «About elections of deputies of representative bodies of local government in the Rostov area» and «About elections of heads of municipal unions in the Rostov area», the Kabardino-Balkarian Republic «About elections of the head of municipal union», Republics Adygeas «About elections of the head of municipal union» it is established, that the toss-up is spent not later than 3 days on termination of registration of candidates. [232]

In laws of the Kabardino-Balkarian Republic «About elections of deputies of representative bodies of local government», the Volgograd area «About elections in local governments in the Volgograd area», the Astrakhan area «About elections of deputies of representative bodies of local government and heads of municipal unions in the Astrakhan area», Republics Adygeas «About elections of deputies of a representative body of municipal union», Krasnodar territory «About elections of deputies of representative bodies and heads of municipal unions in Krasnodar territory» it is established, that the toss-up is spent after end of registration of candidates, lists of candidates, but not later than 32 days before ballot day.

In the Republic Kalmykia law «About elections of deputies of representative bodies, heads of municipal unions in Republic Kalmykia» it is fixed, that the toss-up is spent after end of registration of candidates, lists of candidates, but not later than 31 day before ballot day. [233 [234]

On the basis of the analysis of norms of laws of subjects of the Russian Federations located within Southern federal district, elections of deputies of representative bodies of local government regulating an order and heads of municipal unions, it is possible to allocate two versions of the subjects, authorised to spend a toss-up: edition of the periodic printing edition; municipal union electoral commission. In our opinion, the toss-up with a view of distribution of the free printing area between all registered candidates, selective associations is the certificate of selective process, and, accordingly, the basic role in its distribution should belong to electoral commissions. In the given question it is possible to note experience of the Dagestan and Kabardino-Balkarian legislators from a positive side. [235]

Separately it is necessary to stop on positions of the Law of Kabardinobalkarsky Republic from June, 12th, 2005 № 54-RZ «About elections of the head of municipal union». In this legal act there are no instructions on toss-up carrying out as that. The given concept is replaced by a word-combination «distribution of the free printing area». We believe, that concepts "toss-up" and "distribution" have various semantic loading. The concept "distribution", in our opinion, is not combined with an independence principle. The concept "toss-up" is connected with accident and excludes possibility of the planned distribution. Therefore legislators should adhere to concept "toss-up".

Also fastening in laws in force of subjects of the Russian Federations located within Southern federal district, elections of deputies of representative bodies of local government regulating an order and heads of municipal unions, a rule of carrying out of discussions, «round tables», other similar joint propaganda actions is worthy, agrees which in the specified joint propaganda actions on channels of the organisations of tele-radio broadcasting the registered candidates can participate only personally, and representatives of the registered candidate for participation in such joint propaganda actions are not supposed.

Concerning such establishment it is necessary to pay special attention on the legislation of the Rostov area. In our opinion norms in laws «About elections of deputies of representative bodies of local government in the Rostov area» and «About elections of heads of municipal unions in the Rostov area» which concretise the rights and duties of participants of joint propaganda actions are positive. It is possible to consider as those: the leader, the registered candidates. The leader is appointed the organisation of tele-radio broadcasting, which [236]

Informs on it participants. The primary goals of the leader are: the coordination with participants of joint propaganda action of an order of its carrying out; the control over observance of the adjusted order; the offer to the registered candidate to answer the questions, and also on the questions put by other participants of joint propaganda action or televiewers (radio listeners). The leader during carrying out of joint propaganda action has not the right: to break the adjusted order of carrying out of joint propaganda action; to limit time of performance of the registered candidate if other is not provided by order of carrying out of the joint propaganda action, adjusted with its participants or if it is not caused by the termination of the broadcasting time intended for given joint propaganda action; to prefer someone from participants of joint propaganda action. In case of infringement by the registered candidate of requirements about inadmissibility of misuse of right on carrying out of pre-election campaign the leader has the right to specify to the participant of joint propaganda action in illegal character of its actions and to remind of statutory responsibility.

The registered candidate participating in joint propaganda action, is obliged: to observe the adjusted order of carrying out of joint propaganda action; to lead discussion within the limits of ethical and ethical standards, not to suppose offensive, false, degrading honour and advantage of statements to other participants of joint propaganda action; to submit to requirements of the leader within the limits of the adjusted order of carrying out of joint propaganda action. [237]

We consider, that experience of legislators of the Rostov area should be apprehended legislators of other subjects of Federation. It will allow to avoid display by leader of the prejudiced relation to participating candidates, and also disciplines participants of the specified actions.

So, the above-stated shows, that the legislation of subjects of the Federation located within Southern federal district, regulating an order of elections of deputies of representative bodies of local government and heads of municipal unions, as a whole corresponds to norms of the federal legislation. Thus it is characterised by presence of additional guarantees which are directed on maintenance of a principle of equality at carrying out of pre-election actions.

Despite detailed enough standard regulation of pre-election procedures, during elections some omissions can be bared. So during election campaign of the head of a city of Krasnodar by the candidate on the specified post has been registered V.P.Nemchinsky who has earlier stayed in prison of 6 years for plunder of the huge sum - 9900 roubles (in 1983, for 10000 roubles it was provided execution). Nemchinsky Century P was the basic competitor of mayor Priza N.V., and the veteran public demanded through newspapers to remove it from elections. [238]

In our opinion it is necessary to make changes to the selective legislation, having regulated, that the candidate and electoral commissions are obliged to publish in all diplomas: bulletins for voting, official posters of candidates and for mass-media data about previous convictions of candidates, including crimes already "extinguished" on a limitation period, with instructions on the substance of character and weight of a concrete crime, besides the name of article UK the Russian Federation, for the purpose of fuller informing of voters on the criminal past of the candidate.

As judiciary practice shows, selective disputes can practically arise at each stage of selective process of municipal level, including at a pre-election campaign stage.

During passed in Krasnodar territory in 2004 of election campaign at elections of deputies of representative bodies and heads of municipal unions the part of selective disputes (10 affairs) has been connected with carrying out by candidates of pre-election campaign and financing of the election campaign.

So, Elizarov A.D. has addressed in court with the statement for cancellation of registration of the candidate of city Meeting of Sochi Madzhezhok of A.K.bas for this purpose on October, 28th, 2004 the publication has served in the newspaper «Our house - Sochi» orders of voters to the operating deputy Madzhezhok A.K., not paid at the expense of means of its selective fund. In session of the court the representative of the applicant has specified, that Madzhezhok A.K. used the primary position over other candidates who are not operating deputies and not having possibilities free of charge to publish a similar material, than has roughly broken the law. Besides cancellation of the specified decision of electoral commission, he asked court to take out the corresponding intermediate order to City Meeting of Sochi and Open Company «Our house - Sochi» about inadmissibility of the publication of illegal propaganda materials. In session of the court it has been established, that at the moment of decision-making on orders of voters for 2005 Madzhezhok A.K. Elizarov A.D. were not candidates of City Meeting of Sochi. The arch of orders has been published for seven days prior to the beginning of the propaganda period which under the law begins 30 days prior to ballot day (since November, 5th, 2004). Orders of voters should be published according to the Law of Krasnodar territory «About orders

Voters »without surnames of deputies. But, because of the head of department of the information of administration of of Sochi Morgunova P. A, from the appendix about orders of voters these data have not been in due time excluded. It has been involved by the order of the head of of Sochi in a disciplinary responsibility. And this information has been published in a press. Madzhezhok A.K. cannot bear responsibility for wrongful acts of other persons. C the court has not satisfied Elizarova A.D.'s statement with the account of these circumstances.

Interesting enough it is possible to consider the business considered

The Krasnodar regional court in 2004. Achilov R. K has addressed in court with the statement for cancellation of registration of the candidate of municipal duma Gelendzhika of Ivanusa M. I for infringement of an order of carrying out of pre-election campaign and financing of the election campaign. As the reason for it the publication has served in newspapers of the reference to voters of representatives of public organisations, national diasporas of a city-resort

Gelendzhik with an appeal to vote for the candidate on a post of the head of municipal union Ozerova S.P. which among other persons has been signed by Ivanusom M. I. Considering this case, the court has considered, that it is enough these bases to admit established the fact of use of Ivanusom M. I of advantages of the official position as the operating deputy and the chairman of the Gelendzhiksky Ukrainian society "Dzherela" and four days prior to ballot day has cancelled its registration. Nevertheless, the Full court on civil cases of the Krasnodar regional court has considered, that the similar approach to calculation of time limits contradicts the law, has cancelled this decision, having ceased manufacture on business.

Proceeding from all stated above, follows, that, the federal authorities should reflect seriously on basic possibility of application for subjects of the Russian Federations which are in limits of Southern federal district, uniform «a federal template». Each subject of North Caucasian region is in own way unique. Such uniqueness can be reflected and in its legal system, including in the selective legislation. Democracy does not assume one-dimensionality. If in the different countries and regions there are the different political cultures, different histories, (in certain limits) electoral systems should be different and political, including. Pertinently to recollect visible French political scientist Z.Beshlera: «democracy has the own valid nature, but it exists only in infinitely various historical forms that is why really there are only the democracies simultaneously identical each other and excellent one from

- 273

Another ».

In end of the given part of research it is obviously necessary to formulate following positions:

1. The public relations connected with realisation of the right to pre-election campaign, in the subjects of the Russian Federation who are in limits of Southern federal district, are regulated in bolshej degrees by the federal selective legislation.

2. obshchefederalnym the legal act defining main principles of the suffrage and process in the Russian Federation, the Constitution of the Russian Federation is basic, it acts as the standard base to basic legal acts of subjects of the Russian Federation in this area: constitutions of republics, charters of other subjects who are in limits of Southern federal district. Regulation of directly pre-election procedures in the subjects of the Russian Federation who are in limits of Southern federal district, is carried out, basically, norms of federal acts, thus the legislation of the specified subjects of Federation regarding pre-election campaign corresponds (does not contradict) instructions of federal acts.

273 Z.Beshler. Democracy. M.: UNESCO, 1994, С.11.

3. At level of subjects of the Russian Federations which are in limits of Southern federal district, direct legal regulation of elections of deputies of legislative (representative) bodies of subjects of Federation, deputies of representative bodies and heads of municipal unions, including regarding pre-election campaign is carried out. Actually appointment of the selective legislation of subjects of the Russian Federation consists in an establishment of additional guarantees of realisation of suffrages.

4. On the basis of the analysis of norms of the federal legislation regarding pre-election campaign regulation, it is possible to approve, that the establishment of additional guarantees concerns the competence of subjects of Federation on pre-election campaign carrying out on TV and radio, and also in periodic printing editions in the course of election campaigns at elections of deputies of legislative (representative) bodies of subjects of Federation, deputies of representative bodies and heads of municipal unions. Such it is possible to rank as powers: regulation of an order of granting to the registered candidates, the selective associations which have registered lists of candidates, a broadcasting time on channels of the state and municipal organisations of tele-radio broadcasting, and also the printing area in editions of the state and municipal periodic printing editions for a payment, and also is free; Definition of weekly minimum volume of the printing area given to registered candidates, the selective associations, registered candidates; regulation of an order of carrying out of joint propaganda actions; regulation of the questions connected with carrying out of a toss-up for the purpose of distribution of the free printing area between registered candidates, selective associations; scoping of the broadcasting time given by the regional state or municipal organisations of tele-radio broadcasting for carrying out of pre-election campaign on additional or repeated elections of the deputy (deputies) of legislative (representative) public authority of the subject of the Russian Federation, a municipal union representative body.

5. Being based on positions of the federal legislation and the legislation of subjects of Federation, on local governments the duties which are representing itself as guarantees of realisation of the right to pre-election campaign are assigned. Them concern: assistance to candidates and selective associations in the organisation and carrying out of pre-election meetings, meetings of candidates and their authorised representatives with voters, and also in the organisation and carrying out of propaganda public actions; gratuitous granting at their property or the disposal necessary premises for meetings of candidates and authorised representatives with voters; allocation and arrangement of special stands for posting or sticking-up of propaganda printing materials in territories of polling districts in the places convenient for visiting by voters.

6. At regional level the course of selective process and pre-election campaign carrying out are influenced by traditional and information factors.

In separate republics of the North Caucasus (Dagestan, Ingushetia, the Chechen Republic) the special system of regulation of the public relations, provided with authority of public opinion has settled. Including regulation of the relations, concerning pre-election procedures, can be carried out certain kvazipravovymi by the norms having the status of "national traditions», thus pre-election campaign as a stage of selective process in the standard registration is reduced only to a formal regulation.

Possibility of distribution of propaganda materials depends on degree of development of an information field in region through mass media. In the subjects of Federation who are in limits of Southern federal district, characterised by weak security mass media (as, for example, Ingushetia and the Chechen Republic), accordingly, low possibility of distribution of propaganda materials with use of an information resource.

7. As practice of last election campaigns in the subjects of Federation located within Southern federal district shows, most sharply there are such problems, as: use in election campaign of an administrative resource; dependence of electoral commissions on authorities; economic dependence of mass media on authorities.

Despite the express prohibition of use of advantages official and the official position at pre-election campaign carrying out, in practice this norm of the law remains inefficient. There is no real competition during election campaign.

Electoral commissions are not independent bodies in the work. Actually they function as one more structure of local administration, quite often ignoring infringements of requirements of the law if they are supposed by candidates, as a rule, openly supported by the power.

In all subjects of Federation who are in limits of Southern federal district, consist dogovory on rendering of information services between public authorities of the subject of the Russian Federation or local government and certain mass media on rendering of information services. Thereupon the principle of independence of printing mass media is excluded, in effect.

8. Laws of subjects of the Federation which are in limits of Southern federal district, regulating selective procedures of municipal level, as a whole do not contradict norms of the federal

Legislations. In them additional guarantees of realisation of the right to pre-election campaign can be established. It also predetermines features of the regional legislation regarding pre-election campaign.

Positive experience of separate subjects of the Federation located within Southern federal district, can be apprehended other subjects of Federation at regulation of pre-election procedures.

9. The legislation of subjects of the Federation located within Southern federal district, regulating the relations connected with carrying out of pre-election campaign at elections in representative bodies of local government, and also heads of municipal unions, not conflicting to the federal legislation, and reflecting thus features of region, in separate positions can be led to a uniform denominator. Namely:

The weekly minimum volume of the printing area given to registered candidates and selective associations for placing of propaganda materials, should be identical as at elections of heads of municipal unions, and deputies of representative bodies of local government, and definition of the general minimum weekly volume of the printing area should depend on volume of the printing area of the periodic printing edition, from a rating of popularity of the periodic printing edition, from number of periodic printing editions in municipal union territory, from the general number of the registered candidates and selective associations;

The toss-up with a view of distribution of the free printing area between all registered candidates, selective associations is the certificate of selective process, and, accordingly, the basic role in its distribution should belong to electoral commissions;

More preferably the use in the law concept "toss-up", than "distribution" as the first is connected with accident looks and excludes possibility of the planned distribution, and the second is not successfully combined with an independence principle;

Scoping allocated is represented not proved to the registered candidates for placing of propaganda materials, the area from calculation of a format of a quire, there is enough instructions on the allocated printing area in percentage terms from total amount;

The regulation of rules of carrying out of joint propaganda actions in the law should be concretised by means of definition of the rights and duties of participants of such actions: the leader and the registered candidates.

The conclusion

Pre-election campaign - the difficult and many-sided politiko-legal phenomenon: it and the major legal podinstitut the suffrage, it and one of central and, at the same time, disputed stages of selective process.

The selective legislation of the Russian Federation regarding regulation of questions of pre-election campaign for all period of the existence underwent changes. Its development proceeds and till today. It is caused by that at the given stage there are dynamical changes in political, economic, social, spiritual and cultural spheres of a public life. The federal legislation should keep up to date, it is obliged to react sensitively to changes in structure of public relations, and thus harmoniously to consider regional features. The legislation of subjects of Federation, in turn, should "answer" in due time changes of federal level, and, not being one-dimensional to build own harmonous system of regulation of relations.

In the given work attempt of complex consideration of pre-election campaign from positions of its legal regulation, both on obshchefederalnom level, and at level of subjects of the Federation which are in limits of Southern federal district is undertaken; some practice of application of the legislation on regional and municipal elections is generalised; the essence and the pre-election campaign maintenance is studied; features of its legislative regulation in foreign countries are revealed; the basic historical stages of formation and development of propaganda activity in our state are defined.

The analysis of theoretical representations about essence of pre-election campaign, and also a modern condition of legal regulation of pre-election procedures in the Russian Federation allows to make following generalisation.

The pre-election campaign phenomenon is known for a long time, its separate elements in this or that kind have been used in Ancient Russia, however about propaganda occurrence in understanding close to modern, it is possible to speak from the beginning of 20 centuries. An important role in formation of the theory and practice of pre-election propaganda actions the international experience of legal regulation of the given activity has played.

Now the pre-election campaign role has excessively increased. Nevertheless, obviously it is not enough domestic experience of conducting propaganda and regulation of relations developing in this area. Hence, the legislation devoted to pre-election campaign, will change and be improved both on federal, and on regional levels. And the basic directions in the course of perfection should, in our opinion, to become: questions of observance of the rights and freedom of participants of selective process; equalities of candidates and selective associations in carrying out of propaganda actions; questions of legal fastening of activity of mass media, and also new communication media and new selective technologies.

Creation of specialised bodies of selective justice which will carry out functions of the control over realisation of propaganda actions is represented expedient and to resolve questions of responsibility for infringements of the selective legislation.

It is necessary as well accurate differentiation of powers of federation, its subjects and local governments in regulation and realisation of the right to pre-election campaign. Here it is necessary to shift a considerable part of powers on the legislation of subjects of the Russian Federation which would consider features of region, its traditions, a level of development of economic relations, culture and social sphere, but thus did not contradict federal instructions.

At a stage of carrying out of pre-election campaign it is necessary to settle legislatively not only propaganda, but also an information work. It is necessary to differentiate concepts of "information legal relations» and «selective legal relations». The legislator should achieve that financial possibilities of the concrete candidate could not render influence on will of voters. Most likely, on carrying out of election campaigns the state and municipalities should incur the basic part of expenses. Demands perfection and a question of effective judicial protection of the rights of participants of selective process on pre-election campaign conducting.

We believe, that the legislator is obliged by laborious legislative activity to finish such phenomena, as dirty pre-election technologies, black PR, absenteeism and disbelief of citizens in a celebration of universal democratic institutes.

At legislative level by an establishment of interdictions and restrictions it is necessary to resolve the problems connected with realisation of the right to pre-election campaign which are actual today. So it is necessary to exclude use possibility of "an administrative resource» at pre-election campaign carrying out; it is necessary to provide full independence of electoral commissions of authorities; in detail to regulate activity of mass media in election campaigns, including having provided their independence of authorities.

The permission of the designated questions will promote realisation of principles of equality of the rights of candidates and selective associations, will eliminate possible conflict situations, will raise the status of citizens as participants of selective process, will provide efficiency of mechanisms of protection of suffrages, and as a result will strengthen a role and authority of institute of democratic elections.

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A source: Chudov Paul Sergeevich. Konstitutsionno-legal regulation of pre-election campaign in the subjects of the Russian Federation who are in limits Southern federal district. The dissertation on competition of a scientific degree of the master of laws. Stavropol - 2005. 2005

More on topic 2. Features of the legislation of subjects of the Russian Federation which is in limits of Southern federal district, about pre-election campaign and practice of its realisation.:

  1. the Chapter II. The maintenance legal podinstituta - pre-election campaign and practice of realisation of its norms in the subjects of the Russian Federation who are in limits of Southern federal district
  2. Chudov Paul Sergeevich. Konstitutsionno-legal regulation of pre-election campaign in the subjects of the Russian Federation who are in limits Southern federal district. The dissertation on competition of a scientific degree of the master of laws. Stavropol - 2005, 2005
  3. 1. Features of realisation of the federal legislation on the pre-election Propagandas.
  4. § 2. Pre-election campaign as a guarantee of realisation of suffrages of citizens in the Russian Federation
  5. § 2. Kinds of infringements of the legislation on intellectual property in pre-election campaign
  6. 1. The Teoretiko-legal characteristic of pre-election campaign and its value in election campaign.
  7. § 1. Features of separate elements of structure of infringement Legislations on intellectual property in pre-election campaign
  8. Chapter 2. A konstitutsionno-legal liability of infringement of the legislation on the intellectual Properties in pre-election campaign
  9. Vasileva Yana Valerevna. PERFECTION OF THE LEGISLATION OF SUBJECTS OF THE RUSSIAN FEDERATION ABOUT THE ADMINISTRATIVE OFFENCES (ON MATERIALS of NORTHWEST FEDERAL DISTRICT) the Dissertation On competition of a scientific degree of the master of laws. Moscow - 2016, 2016
  10. 1.2.3. Power problems in Southern federal district
  11. § 4. Restriction of the constitutional freedom of speech during pre-election campaign. The role of a network the Internet in realisation of a freedom of speech during this period
  12. § 1. Contradictions between the federal legislation and the legislation of subjects of the Russian Federation
  13. 2.1 Conformity of the legislation of subjects of Russia to the Constitution of the Russian Federation and to the federal legislation
  14. 2.1 Conformity of the legislation of subjects of Russia to the Constitution of the Russian Federation and to the federal legislation
  15. § 2. The system of the public authorities, called to resolve the contradiction between the federal legislation and the legislation of subjects of the Russian Federation
  16. the head P.Obespechenie of conformity of the legislation of subjects of the Russian Federation of the Constitution of the Russian Federation and to the federal legislation
  17. 2. Formation of standard regulation of pre-election campaign in Russia.
  18. ARZUMANOV. Sergey Georgievich Konstitutsionno-pravovye of means of maintenance of conformity of the legislation of subjects of the Russian Federation of the Constitution of the Russian Federation and to the federal legislation / the Dissertation on competition of a scientific degree of the master of laws, 2002
  19. powers of the constitutional (authorised) vessels of subjects of the Russian Federation under the permission of selective disputes and perfection of the selective legislation of subjects of the Russian Federation and means of their realisation
  20. 3.1 Maintenance conformity of certificates of subjects of the Russian Federation to the federal legislation