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§ 4. The bases of konstitutsionno-legal responsibility for Selective offences.

The selective offence represents a version

The constitutional (konstitutsionno-legal) tort. Standard

(Legal) basis has already been considered by us in the second paragraph, therefore we will dare hardly to stop more in detail on the actual basis (structure of the given offence) with a view of allocation of more concrete bases of konstitutsionno-legal responsibility for selective offences, and also for parallel representation of their classification.

Classification of the bases of konstitutsionno-legal responsibility for selective offences is necessary for fuller understanding and the successful prevention of offences. Besides, in aspect of a theme of the present dissertation it would be desirable to define a place of such selective offence, as infringement of the legislation on intellectual property in pre-election campaign, in system of all selective offences. We will notice, that now selective offences yet only were not exposed

Ordering, but also their classification was not even a subject of separate scientific research. The detailed analysis is presented in the scientific literature only for separate selective offences, such as payoff избирателей1 and use on elections of advantages of the official (office) position [180 [181], that once again confirms an urgency of the present research.

At once it would be desirable to notice, that in the classifications presented more low the characteristic of the specified offences is given in

Enough to the short form as the author of dissertation within the limits of the present work does not set as the purpose to present the detailed analysis of each selective offence because this question deserves separate, more scale research.

So, the general object of a selective offence is set of the public relations settled selective

The right and developing in the course of the organisation and elections. Public relations which develop in connection with realisation by citizens of the active and passive suffrage concern specific objects of a selective offence, with

Realisation by electoral commissions of the powers, in connection with promotion and registration of candidates, in sphere of informing of voters and pre-election campaign, in sphere of financing of elections, in sphere of maintenance of equality of candidates etc.

Concrete public relations which are a subject of an encroachment of the offender concern direct objects of a selective offence: the public relations developing in the course of realisation of pre-election campaign in means of mass propaganda, in periodic printing editions, in the course of realisation of a principle of equality of candidates and selective associations, in the course of the organisation and realisation of voting,

Vote tabulation of voters etc.

For example, direct object of numerous use of advantages official or the official position, according to Shina A.G., are the public relations arising at carrying out of election campaign and connected with granting to candidates of equal legal possibilities [182].

Shturneva M. V believes, that direct object of payoff of voters are the public relations settled by the selective legislation which develop in connection with carrying out of pre-election campaign and are directed on maintenance of freedom of formation of will of voters and its expression at voting, and as direct object considers the public relations connected with an encroachment on infringement of freedom of realisation of the active suffrage of the concrete voter or group of voters [183].

We believe, that direct object konstitutsionno-legal

Infringements in sphere of financing of elections (point 24 subitem, subitem "d" point 25 of article 38 of the Federal act from 12.06.2002 №67-ФЗ, subitem "z" point 24, subitem "e" article 38 point 25, "and" point 24, subitems of point 25 of article 38) are the public relations connected with granting of financial and other means, having a monetary estimation, for the purpose of financial security of election campaigns of candidates and selective associations.

The direct object of infringement of the legislation on intellectual property in pre-election campaign, in our opinion, represents set of the public relations settled by the selective legislation, developing in the course of carrying out of pre-election campaign by candidates and (or) selective associations, and also set of the public relations connected with realisation of freedom literary, art, scientific and other kinds of creativity and protection of intellectual property according to article 44 of the Constitution of the Russian Federation, the Russian Federations settled by the civil legislation (the given objects concerning a considered selective offence are used always in aggregate and will be considered more in detail in the following paragraph of the present work).

We believe, that classification of selective offences by such basis is connected with direct object of a selective offence, as a corresponding stage of selective process. Because a number of selective offences can be made at all stages of selective process or during several stages, at separate stages, we believe, that all selective offences can be divided into following groups:

- Selective offences which can be made at any stage of selective process - for example infringement by electoral commission of suffrages of the citizens, the entailed recognition the Central electoral commission of the Russian Federation, electoral commission of the subject of the Russian Federation of results of voting in corresponding territory or election returns void (item 1 of article 31 of the Federal act from 12.06.2002 №67-ФЗ), regular default by a member of electoral commission with the right to vote of the duties (subitem "d" article 29 item 8);

- Selective offences which can be made in

The pre-election campaign period (including concerning financings of election campaign) - payoff of voters (subitem "about" article 38 item 24, subitem "and" article 38 item 25, subitem "g" item 7, subitem "g" item 8, item 9 of article 76 of the Federal act from 12.06.2002 №67-ФЗ), numerous use by the candidate (subitem item 24 "l", subitem in"article 76 item 7) or the head selective

Associations of advantages official or the official position (subitem "g" article 38 item 26, subitem in"article 76 item 8), infringement by the candidate or selective association of the legislation of the Russian Federation about intellectual property in pre-election campaign (subitem"to"article 38 item 24, subitem"and"article 38 item 25, subitem"d"article 76 item 7, subitem"d"article 76 item 8), abusing freedom of the mass information - except for appeals to extremist activity - (subitem"to"article 38 item 24, subitem"and"article 38 item 25, subitem"d"article 76 item 7, subitem"d"article 76 item 8), nesozdanie the candidate or selective association of selective fund (point 24 subitem, subitem"d"point 25 of article 38 of the Federal act from 12.06.2002 №67-ФЗ) - except for cases, when according to the law creation of selective fund unessentially, etc.

- Selective offences which can be made in ballot day (infringement by a member of local electoral commission, the observer, the representative of mass media and other persons of the legislation on elections it agree item 12 of article 64 of the Federal act from 12.06.2002 №67-ФЗ).

Let's pass to short consideration of the subject of a selective offence. Its feature is the possession it the selective legal personality - that is possession a special legal status in selective process which assumes investment with its selective legislation in special volume of the rights and the duties realised by this subject during election campaign [184]. To the subject of a selective offence the legislation on elections assigns a duty to be responsible for legally significant behaviour and a duty to undergo influence of the measures of konstitutsionno-legal responsibility defined by the selective legislation, including connected with deprivation of its corresponding status (application of corresponding konstitutsionno-legal sanctions) or nenadeleniem the corresponding status (for example, in default in registration of the candidate or selective association). With the given sign it is connected deliktosposobnost subjects (ability to bear responsibility for the actions).

Subjects of a selective offence can be

Individual and collective. Individual subjects concern the candidate (put forward or registered), a member of electoral commission, the observer, «other person» (the authorised representative of the candidate, the authorised representative of the candidate, in particular, concern them on the financial questions, the authorised representative or the authorised representative of selective association, the representative of mass media, the voter). "Other" persons, unlike other subjects of a selective offence, in case of that fulfilment do not lose the status, and can be, for example, are removed from a premise for voting (item 12 of article 64 of the Federal act from 12.06.2002 №67-ФЗ). Political parties and other selective associations, and also electoral commission concern collective subjects. In aspect of a theme of the present work the greatest interest is represented by such subjects of selective offences, as candidates and selective associations.

According to the Federal act from 12.06.2002 №67-ФЗ the candidate is the person who has been put forward in a statutory order as the applicant for a post displaced by means of direct elections or on membership in body (body chamber) the government or local government or registered by corresponding electoral commission as the candidate (item 35 of article 2 of the Federal act from 12.06.2002 №67-ФЗ). Selective association - the political party having according to the federal act the right to participate in elections, and also regional branch or other structural division of the political party, having according to the federal act the right to participate in elections of corresponding level, and also other public association, which charter provides voting and which is created in the form of public organisation or social movement and the corresponding structural division of the specified public association (is registered according to the law at the level corresponding to level of elections, or at higher level, or at elections of deputies of representative bodies of municipal unions on one-mandatory and (or) to multimandatory election districts, heads of municipal unions) (item 25 of article 2 of the Federal act from 12.06.2002 №67-ФЗ). Thus the list of candidates is understood as the uniform list of the candidates which have been put forward by selective association on elections in legislative (representative) public authority, representative or other elected body of local government, and also the specified list assured or registered organizujushchej elections by electoral commission (item 59 of article 2 of the Federal act from 12.06.2002 №67-ФЗ).

It would be desirable to pay attention, that in some cases the objective party of a selective offence can be executed as the subject - for example, in case of numerous use by the candidate or the head of selective association of advantages official or the official position (subitem item 24 "l", subitem "g" item 26 of article 38 of the Federal act from 12.06.2002 №67-ФЗ, subitem in"item 7, subitem in" article 76 item 8), payoff by the candidate or selective association of voters (subitem "about" article 38 item 24, subitem "and" article 38 item 25, subitem "g" item 7, subitem "g" item 8, article 76 item 9), and other persons - for example, in case of finding of fact of payoff of voters by the authorised representative of the candidate or the selective association, the authorised representative of the candidate on the financial questions authorised by the representative of selective association, and also operating on their commission other person or the organisation (subitem "about" article 38 item 24, subitem « And »article 38 item 25, subitem"g"item 7, subitem"g"item 8, article 76 item 9), in case of numerous use by the head of selective association of advantages official or the official position (subitem"to"article 38 item 25, subitem in" article 76 item 8) - in the given cases to

Responsibility for a selective offence the candidate or selective association accordingly is involved, instead of the specified persons, thus, there is a discrepancy of the person which breaks the selective legislation and the subject of konstitutsionno-legal responsibility - the subject of a selective offence.

For some offences, for example, such, as numerous use by the candidate or the head of selective association of advantages official or the official position (subitem item 24 "l", subitem in"item 7 of article 76 of the Federal act from 12.06.2002 №67-ФЗ, subitem"g"item 26

Articles 38, subitem in"article 76 item 8), great value have such obligatory characteristics of the subject, as possession the corresponding status of the official (or the person occupying the office

Position).

Except specified above division of subjects, in our opinion, it is necessary to group subjects of selective offences on following categories:

— The subjects who are responsible for the organisation and elections (electoral commission, members of electoral commission),

— The subjects promoting maintenance of a principle of publicity in work of electoral commissions and in the course of elections in whole (a member of electoral commission with the deliberative vote right, the observer, the representative of mass media),

— The subjects directly participating in process of election (the candidate, selective association),

— The subjects promoting process of election of candidates and (or) selective associations (the authorised representative of the candidate, the authorised representative or the authorised representative of selective association).

The given classification of subjects of selective offences will form a basis for one more classification of the bases of selective offences. In group of the selective offences made by subjects, responsible (electoral commissions,) it is necessary to allocate the organisation and elections with members of electoral commissions what are made by separate subjects (members of electoral commissions) and collective subjects (electoral commissions as a whole). By members of electoral commissions such selective offences, as regular default by a member of electoral commission with the right to vote of the duties (the item «can be made d »point 8 of article 29 of the Federal act from 12.06.2002 №67-ФЗ), that can entail the termination of powers of a member of electoral commission (under the decree, thus in this case it is a question of a member of electoral commission with the right to vote for the commissions of all levels), and also infringement by a member of local electoral commission of the legislation on elections (article 64 point 12), that can lead to discharge of a member of local electoral commission from participation in its work (also under the decree).

As to offences from electoral commission here it is necessary to tell about offences which can form the basis for such konstitutsionno-legal sanction as

Electoral commission disbandment - infringement by the commission

Suffrages of the citizens, entailed a recognition the Central electoral commission of the Russian Federation, electoral commission of the subject of the Russian Federation, void voting results in corresponding territory or election returns, default by the commission of the decree or the higher commission, decisions of the Central electoral commission of the Russian Federation, electoral commission of the subject of the Russian Federation, electoral commission of municipal area, default by the duty commission to destination the elections, entailed calling an election by time electoral commission (point 1 of article 31 of the Federal act from 12.06.2002 №67-ФЗ).

Let's short designate the offences made by subjects, promoting maintenance of a principle of publicity in work of electoral commissions and in the course of elections in whole (a member of local electoral commission with the deliberative vote right, the observer, the representative of mass media), and also made by the subjects, elections of candidates promoting process and selective associations (the authorised representative of the candidate, the authorised representative or the authorised representative of selective association). By the given subjects such selective offence as infringement of the legislation on elections (point 12 of article 64 of the Federal act from 12.06.2002 №67-ФЗ) in which result the member of local electoral commission is debarred from its work can be made, and the observer and other persons leave from a premise for voting (at finding of fact of such infringement judicially).

The greatest interest in aspect of a theme of the present work represents the list of the selective offences made by subjects, directly participating in election process - the candidate and selective association. By the given subjects following selective offences can be made:

— Infringement of the legislation on elections the candidate for the established ballot day (point 12 of article 64 of the Federal act from 12.06.2002 №67-ФЗ);

— Numerous use by the candidate (subitem "l" of item 24 of article 38, subitem in"item 7 of article 76 of Federal act FZ from 12.06.2002 №67-ФЗ) or the head of selective association of advantages official or the official position (subitem"g"article 38 item 26, subitem in" article 76 item 8), thus, according to item 36 of the Decision of Plenum of the Supreme Court of the Russian Federation from March, 31st, 2011 N 5 Moscow «About practice of consideration by vessels of affairs about protection of suffrages and the rights to participation in a referendum of citizens of the Russian Federation» at the decision of a question on, whether is use of office or official position by good cause for application by court of corresponding measures of konstitutsionno-legal responsibility, it is necessary to find out, in particular, frequency rate, character, the maintenance, the purpose of fulfilment of these действий1;

— Numerous non-observance by the candidate or selective association of restrictions on broadcasting time use on channels ^postanovlenie Plenum of the Supreme Court of the Russian Federation from March, 31st, 2011 N 5 Moscow "About practice of consideration by vessels of affairs about protection of suffrages and the rights to participation in a referendum of citizens of the Russian Federation" (red. From 09.02.2012) [the Electronic resource]//Legal-reference system «the Adviser Plus».

The organisations which are carrying out telecasting, given by it for placing of propaganda materials, with a view of distribution of appeals to vote against the candidate, candidates, the list of candidates, lists of candidates, descriptions of possible negative consequences in case this or that candidate will be selected, this or that list of candidates will be admitted to distribution of deputy mandates, information distributions in which data on any candidate (any candidates) obviously prevail, selective association in a combination to negative comments, distributions of the information promoting creation of the negative relation of voters to the candidate, the selective association which has proposed the candidate, the list of candidates (subitem "e" item 7, subitem "e" article 76 item 8, item 5.2 of article 56 of the Federal act from 12.06.2002 №67-ФЗ);

- Infringement by the candidate or selective association of the legislation of the Russian Federation about intellectual property in pre-election campaign (subitem "to" article 38 item 24, subitem "and" article 38 item 25, subitem "d" article 76 item 7, subitem "d" article 76 item 8);

- Payoff by the candidate or selective association

Voters, the authorised representative of the candidate or the selective association, the authorised representative of the candidate on financial questions,

The authorised representative of selective association, and also

Operating under their commission other person or the organisation (subitem "about" article 38 item 24, subitem "and" article 38 item 25, subitem "g" item 7, subitem "g" item 8, article 76 item 9) (further under the text - «payoff of voters»), thus to vessels at the decision of a question on, whether took a place payoff of voters, participants of a referendum, it is necessary to find out a number of circumstances, including, whether perfect actions fall under the closed list of actions which according to point 2 of article 56 of the Federal act from June, 12th, 2002 N 67-FZ can be regarded as payoff of voters, whether actions in election campaign are made, whether allows to draw character of perfect actions a conclusion that they have induced or induce voters to vote for the candidate, candidates, the list, lists of candidates or against it (them), etc. [185];

- Appeal the candidate or selective association during the period

Pre-election campaign to extremist activity in electoral programmes of candidates, selective associations, other propaganda materials (including placed in information-telecommunication networks, access to which is not limited by a certain circle of persons, including a network "Internet"), in performances of candidates and their authorised representatives, representatives and authorised representatives of selective associations (including placed in information-telecommunication networks, access to which is not limited by a certain circle of persons, including a network "Internet"), in performances on public actions, of a substantiation and the extremism justification, excitation social, racial, national or religious break a set, humiliation of national advantage, propagation of exclusiveness, the superiority or inferiority of citizens on the basis of their relation to religion, a social, racial, national, religious or language accessory, carrying out of pre-election campaign, At which propagation and public demonstration of nazi attributes or symbolics or attributes or the symbolics, similar to nazi attributes or symbolics to degree of their mixture (article 56 item 1, subitem "to" article 38 item 24, subitem "and" article 38 item 25, item 7 subitem, subitem of item 8 of article 76) (further under the text - «an appeal are carried out to

Extremist activity »);

- Abusing freedom of the mass information (except for appeals to extremist activity) - subitem "to" article 38 item 24, subitem "and" article 38 item 25, subitem "d" article 76 item 7, subitem "d" article 76 item 8;

- nesozdanie the candidate or selective association of selective fund (point 24 subitem, subitem "d" point 25 of article 38 of the Federal act from 12.06.2002 №67-ФЗ) - except for cases, when according to the law creation of selective fund unessentially,

- Use by the candidate or selective association at financing of the election campaign besides means of own selective fund of other money resources constituting more of 5 percent from the statutory limiting size of an expenditure of means of selective fund (subitem "z" point 24, subitem "e" article 38 point 25),

- Excess by the candidate or selective association at

Financing of the election campaign more than for 5 percent of the statutory limiting size of an expenditure of means

Selective fund (subitem "and" point 24, subitem of point 25 of article 38), etc.

Let's consider now the objective party of the selective

Offences. The majority of selective offences (payoff of voters, infringement of the legislation on elections a member of local electoral commission, the observer or other persons, infringement of the legislation on intellectual property in pre-election campaign, etc.) represents active actions of corresponding subjects. The exception represents, for example, such selective offence, as nesozdanie the candidate or selective

Association of selective fund (point 24 subitem, subitem "d" article 38 point 25).

Illegality of a selective offence is expressed in infringement of corresponding norms of the selective legislation (basically, restrictions and interdictions). As to public harm, that, analyzing selective offences, is necessary to note, of course, as a whole smaller degree of public harm, than, for example, for acts, responsibility for which is provided

The criminal code of the Russian Federation (and in which relation other concept - the social danger is already used). Public harm as a sign of the objective party will be expressed here that by means of fulfilment of a selective offence harm by a protected constitutional law to values and interests concerning elections as the higher direct expression of the power of the people is done, including harm to suffrages of citizens, candidates and selective associations, to principles of the selective legislation, the rights and freedom of the person and the citizen.

Such sign of the objective party as socially harmful character of act, also can form the basis for classification of selective offences, allowing to group them depending on degree of public harm (and on the basis of communication with other kinds of legal responsibility):

1) offences for which fulfilment corresponding subjects can be involved not only to konstitutsionno-legal, but also to the criminal liability:

— Payoff of voters (subitem "about" article 38 item 24, subitem "and" article 38 item 25, subitem "g" item 7, subitem "g" item 8, item 9 of article 76 of the Federal act from 12.06.2002 №67-ФЗ), corresponding act is provided ч.2 articles 141 UK РФ1 (hindrance to free realisation by the citizen of the suffrages, connected to payoff);

— An appeal to extremist activity (article 56 item 1, subitem "to" article 38 item 24, subitem "and" article 38 item 25, item 7 subitem, subitem of item 8 of article 76 of the Federal act from 12.06.2002 №67-ФЗ), corresponding act is provided by articles 280, 280.1 UK the Russian Federation (a public appeal to extremist activity);

The criminal code of the Russian Federation from 13.06.1996 N 63-FZ (red. From 30.12.2015). "Meeting of the legislation of the Russian Federation", 17.06.1996.

— Infringement of the legislation on elections (point 12 of article 64 of the Federal act from 12.06.2002 №67-ФЗ), separate structures correspond to article 141 UK the Russian Federation (infringement of secret of voting, hindrance to work of electoral commissions, activity of a member of the electoral commission connected with execution by it of the duties), article 142 UK the Russian Federation (falsification of selective documents, illegal manufacturing, storage, transportation of illegally made ballots, falsification of results of voting), article 144 UK the Russian Federation (hindrance of lawful professional work of journalists), etc.

— Use by the candidate or selective association at financing of the election campaign besides means of own selective fund of other money resources constituting more of 5 percent from the statutory limiting size of an expenditure of means of selective fund (subitem "z" point 24, subitem "e" point 25 of article 38 of the Federal act from 12.06.2002 №67 - FZ), excess by the candidate or selective association at financing of the election campaign more than for 5 percent of the statutory limiting size of an expenditure of means of selective fund (subitem "and" point 24, subitem of point 25 of article 38), separate structures of corresponding acts are provided by article 141.1 UK the Russian Federation (infringement of an order of financing of election campaign of the candidate, selective association).

2) offences, for which corresponding subjects can be involved not only to konstitutsionno-legal, but also in administrative responsibility:

— Payoff of voters (subitem "about" article 38 item 24, subitem "and" article 38 item 25, subitem "g" item 7, subitem "g" item 8, item 9 of article 76 of the Federal act from 12.06.2002

№67-ФЗ), corresponding act is provided ч.2 articles 5.16. KoAP the Russian Federation [186] (if these actions do not contain penal act);

- Numerous use by the candidate (subitem item 24 "l", subitem in"item 7 of article 76 of the Federal act from 12.06.2002 №67-ФЗ) or the head of selective association of advantages official or the official position (subitem"g"article 38 item 26, subitem in" article 76 item 8), corresponding act is provided ч.2 articles 5.45. KoAP the Russian Federation (but for attraction to administrative responsibility enough unitary fulfilment of an offence);

- Use by the candidate or selective association at financing of the election campaign besides means of own selective fund of other money resources constituting more of 5 percent from the statutory limiting size of an expenditure of means of selective fund (subitem "z" point 24, subitem "e" point 25 of article 38 of the Federal act from 12.06.2002 №67-ФЗ), excess by the candidate or selective association at financing of the election campaign more than for 5 percent of the statutory limiting size of an expenditure of means of selective fund (subitem "and" point 24, subitem of point 25 of article 38), separate structures of corresponding acts are provided by articles 5.18 KoAP the Russian Federation (illegal use of money resources at financing of election campaign of the candidate, selective association), 5.19 (use of illegal material support at election campaign financing),

- Numerous non-observance by the candidate or selective

Association of restrictions on broadcasting time use on channels of the organisations which are carrying out telecasting, given by it

For placing of propaganda materials, with a view of distribution of appeals to vote against the candidate, candidates, the list of candidates, lists of candidates, descriptions of possible negative consequences in case this or that candidate will be selected, this or that list of candidates will be admitted to distribution of deputy mandates, information distributions in which data on any candidate (any candidates) obviously prevail, selective association in a combination to negative comments, distributions of the information promoting creation of the negative relation of voters to the candidate, the selective association which has proposed the candidate, the list of candidates (subitem "e" item 7, subitem "e" article 76 item 8, item 5.2 of article 56 FZ from 12.06.2002 №67-ФЗ), abusing freedom of the mass information (except for appeals to ekstremiststskoj activity) - subitem "to" article 38 item 24, subitem "and" article 38 item 25, subitem "d" article 76 item 7, subitem « d »article 76 item 8, corresponding act it is provided by article 5.8. KoAP the Russian Federation (infringement provided by the legislation on elections and referenda of an order and conditions of carrying out of pre-election campaign, propaganda concerning a referendum on channels of the organisations, carrying out a tele-and (or) broadcasting, and in periodic printing editions).

3) offences, for which corresponding subjects can be involved not only to konstitutsionno-legal, but also to grazhdanskopravovoj responsibility:

- Infringement by the candidate or selective association of the legislation of the Russian Federation about intellectual property in pre-election campaign (subitem "to" article 38 item 24, subitem "and" article 38 item 25, subitem "d" article 76 item 7, subitem "d" article 76 item 8), responsibility for corresponding act is provided by articles 1250-1252, 1301 GK the Russian Federation.

Coming back to elements of the objective party of the selective

Offences, it is necessary to name among them a causal relationship establishment between act (misbehaviour) and the come consequences in the form of harm for selective legal relations (for example, infringement of equality of candidates, illegal attraction of attention of voters, distortion of will of voters, that is impossibility

Establishments of the valid will of voters). It is necessary to tell, that the separate structures of selective offences formulated by the legislator are formal, that is approach obshchestvennovrednyh consequences is unessential (facultative), thus there is no revealing of relationships of cause and effect between act and its consequences, which prezjumirujutsja as наступившие1.

Among obligatory elements of the objective party of a selective offence it is necessary to name time of its fulfilment which is directly connected with selective process. The majority of selective offences can be recognised those only in pre-election campaign carrying out (the propaganda period). So, for example, in definition of the Sverdlovsk provincial court from 22.11.2011 on business N of 33-16901/2011 actions of the candidate have not been regarded by court as payoff of voters as have been made out of the propaganda period [187 [188]. The Supreme Court of the Russian Federation in the Definition N 5-APG14-39 has come to conclusion from 12.09.2014, that as newsletter distribution took place till the propaganda period and the specified bulletin cannot be considered as a propaganda material numerous use by the candidate of advantages official or the official position the candidate in propaganda it is not established, hence, is not established the bases for cancellation of its registration [189].

Besides, obligatory signs of the objective party of separate selective offences concerns neodnokratnost their fulfilment, in particular, the legislator has established such structures of selective offences, as numerous use by the candidate or the head of selective association of advantages official or the official position (subitem item 24 "l", subitem "g" article 38 item 26, subitem in"item 7, subitem« In »item 8 of article 76 of the Federal act from 12.06.2002 №67-ФЗ), numerous non-observance by the candidate or selective association of restrictions on broadcasting time use on channels of the organisations which are carrying out telecasting, given by it for placing of propaganda materials, with a view of distribution of appeals to vote against the candidate, candidates, the list of candidates, lists of candidates, the description of possible negative consequences in case this or that candidate will be selected, this or that list of candidates will be admitted to distribution of deputy mandates, information distributions in which it is obvious

Data on any candidate (any candidates), selective association in a combination to negative comments, distributions of the information promoting creation of the negative relation of voters to the candidate, the selective association which has proposed the candidate, the list of candidates (subitem "e" item 7, subitem "e" item 8 of article 76 of the Federal act from 12.06.2002 №67-ФЗ) prevail.

As believes Shulenin V.V., presence of such sign of the objective party as neodnokratnost, allows to define degree of influence of wrongful acts on a course of election campaign and to prevent refusal in registration of the candidate for insignificant infringements

Legislations. Really, in this case it is a question about

otgranichenii insignificant infringements of the selective legislation from more serious constitutional torts, and it is necessary to speak about prevention of application and other konstitutsionno-legal sanctions, not only refusal in registration of the candidate. But, on the other hand, presence neodnokratnosti is represented disputable when the corresponding subject makes one, but a rough selective offence.

At research of the subjective party of a selective offence as well as for all constitutional torts, logically there is a question on, whether the fault an obligatory element of the subjective party and an obligatory element of the given offence is. Besides, by consideration of a question on attraction to konstitutsionno - to legal responsibility for fulfilment of selective offences as there is a problem of definition of fault of collective subjects, in this case such, as selective association and electoral commission because some selective offences grow out of joint decisions of corresponding subjects. In the suffrage approaches which are characteristic and for a constitutional law as a whole which we already mentioned above are used. According to the majority of scientists, in modern is selective-legal practice of wine, as a rule, it is considered established if the subject of responsibility is involved in infringement, thus the fault form (the intention, imprudence), with rare exception, is not investigated [190 [191]. As believe Gorkov N.V., Luchin V. O, the fault in the suffrage means law-breaking in the presence of possibility of its observance, only at such approach it is possible to delimit guilty infringement of the selective legislation from невиновного1, the fault mainly associates with presence at the subject of possibility properly to fulfil the constitutional duties and nonacceptance to all of them of necessary measures not to admit the constitutional offence [192 [193].

Really, the analysis of judgements spent by the author of dissertation, confirms the given position: vessels do not investigate neither presence of fault of the corresponding subject, nor its form - the candidate or selective association is considered guilty if its participation in a corresponding selective offence [194] is established.

So, short having considered features of elements of structure of a selective offence and having presented some classifications of selective offences, it is possible to pass to its definition. First of all it would be desirable to notice, that in the legal literature there is no uniform approach to definition of a selective offence.

So, Suntsov A.P. discriminates concepts «a selective offence» and «an offence in electoral system sphere», considering them as a part and whole: «the selective offence is an offence in electoral system sphere for which comes konstitutsionno - legal responsibility while for other offences in electoral system sphere can come criminal, administrative, a civil liability» [195]. The given approach is represented to us quite expedient because allows to differentiate a selective offence (as a kind of the konstitutsionno-legal tort) from crimes and other kinds of offences - administrative and civil, and also once again confirms necessity of use of the formulation

«Konstitutsionno-legal responsibility for the selective

Offences »as versions considered by us konstitutsionno - legal responsibility. Suntsov A.P. considers a selective offence as a separate (special) version of guilty, illegal, socially-harmful acts in the form of the act or omission, harming an electoral system of the subject of Federation for which fulfilment on the basis of the federal and regional legislation measures of restoration of the broken rights are applied, and also measures of the constitutional responsibility» 1.

Knjazev S.D. considers a selective offence as «the guilty illegal act directly fixed in the selective legislation breaking suffrages of citizens and attracting application of sanctions, provided in norms of the selective legislation» [196 [197]. Gorkov N.V.polagaet, that the selective offence is the guilty act breaking norms of the suffrage and harming selectively-legal relations, responsibility for which fulfilment is provided by norms of the suffrage [198 [199]. Kondrashev A.A. defines a selective offence as «guilty illegal act of certain participants of the elections, breaking legislation on elections

4

And attracting application of statutory measures of responsibility ».

Rymarev D.S. defines a selective offence (selectively - legal tort) as «guilty, illegal, socially harmful act in the form of the act or omission, encroaching on selective legal relations for which fulfilment on the basis of the legislation on elections to the corresponding subject the measure of konstitutsionno-legal responsibility can be selectively-legal relations applied. [200]»

Common fault of all specified above definitions (except for two last), in our opinion, is that in them specificity of the subject of konstitutsionno-legal responsibility for selective offences which has been considered by us above is not reflected. Besides, the authors specified above focus the attention on such sign of a selective offence as guilt, that, in our opinion, taking into account already presented concept of definition of fault in selective offences is represented unessential. We believe, that Knjazevym S.D.'s formulation regarding infringement by a selective offence only suffrages of citizens is not absolutely correctly used. Suntsov A.P., Gorkov N.V., Rymarev D.S., in our opinion, formulate the general object of the given offence, speaking about the acts harming an electoral system or izbiratelnopravovym to relations more precisely (that includes including infringement

Suffrages of citizens and other participants selectively-legal relations).

Also we believe, that in definition it is necessary to focus attention on application of concrete measures of the state compulsion - measures of konstitutsionno-legal responsibility in shape konstitutsionnopravovyh sanctions, taking into account specified in the first paragraph of the present work of features of used sanctions. It will allow to differentiate a selective offence from infringement selective

Legislations (for example, in a case in case of absence at the candidate of the passive suffrage provided by subitem "and" item 24, subitem "and" item 26 of article 38 of the Federal act from 12.06.2002 №67-ФЗ, etc. Accordingly, the instructions on measures of restoration of the broken rights (in the definition, the presented Suntsovym A.P.) lead to mixture of a selective offence and infringement of the selective legislation.

In definition of a selective offence as actual basis of konstitutsionno-legal responsibility for the selective

Offences, in our opinion, should be reflected all general signs of an offence (except for guilt - so to it the same approaches which are used and concerning all constitutional torts are applied): illegality, public harm, punishability, and also features of a selective offence which would allow to delimit a selective offence from other kinds of konstitutsionno-legal torts. Therefore, we believe, that the selective offence represents the konstitutsionno-legal tort specified in the selective legislation as the basis of attraction to konstitutsionno-legal responsibility, the konstitutsionno-legal responsibility made by the subject, possessing the selective legal personality, and attracting application of the konstitutsionno-legal sanctions provided by norms

The selective legislation.

So, summing up considerations of the bases konstitutsionnopravovoj responsibility for selective offences, it is necessary to tell about the following:

First, we had been presented the following classification of selective offences: on stages of selective process, on the subject of selective offences, on communication with other kinds of legal responsibility (and on character of public harm), that allows us to define a place of infringement of the legislation on intellectual property in system of other selective offences for the subsequent analysis of its structure.

Secondly, author's definition of a selective offence which, our way to opinion, represents the konstitutsionno-legal tort specified in the selective legislation as the basis of attraction to konstitutsionno-legal responsibility, the konstitutsionno-legal responsibility made by the subject, possessing the selective legal personality, and attracting application of the konstitutsionno-legal sanctions provided by norms of the selective legislation has been presented.

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A source: Koval Darya Vladislavovna. INFRINGEMENTS of the LEGISLATION ON INTELLECTUAL PROPERTY In PRE-ELECTION CAMPAIGN In the CONTEXT of KONSTITUTSIONNO-LEGAL RESPONSIBILITY. The dissertation On competition of a scientific degree of the master of laws. Moscow - 2016. 2016

More on topic § 4. The bases of konstitutsionno-legal responsibility for Selective offences.:

  1. § 1. Concept of konstitutsionno-legal responsibility for Selective offences
  2. § 2. The Is standard-legal basis konstitutsionno-legal Responsibility for selective offences.
  3. § 1. Fault as an element of structure of the is selective-legal tort and compulsory condition of konstitutsionno-legal responsibility of participants of elections
  4. § 3. Problems of definition of fault of collective subjects of konstitutsionno-legal responsibility for is selective-legal torts
  5. § 2. Fault of individual subjects of konstitutsionno-legal responsibility for is selective-legal torts
  6. CHAPTER 2. PROBLEMS OF DEFINITION OF FAULT OF INDIVIDUAL AND COLLECTIVE SUBJECTS OF KONSTITUTSIONNO-LEGAL RESPONSIBILITY ON THE RUSSIAN SELECTIVE TO THE RIGHT
  7. § 3. Concept of the bases of konstitutsionno-legal responsibility
  8. Chapter 1. The bases of konstitutsionno-legal responsibility
  9. CHAPTER 1. THEORETICAL BASES OF RESEARCH OF FAULT AS CONDITIONS OF KONSTITUTSIONNO-LEGAL RESPONSIBILITY OF PARTICIPANTS OF ELECTIONS
  10. the Chapter I. ADMINISTRATIVE RESPONSIBILITY In SYSTEM of LEGAL RESPONSIBILITY FOR FULFILLMENT of GROUND OFFENCES In the RUSSIAN FEDERATION
  11. § 2. Participants of elections as subjects of konstitutsionno-legal responsibility
  12. § 1. Concept and features of konstitutsionno-legal responsibility of participants of elections
  13. the analysis of the foreign theory, regarding formation of system of legal responsibility for tax offences
  14. International legal responsibility for offences in sphere of protection of Arctic
  15. § 1.3. Features of application of legal selective standards of new technologies of voting in the selective legislation of the state-participants CIS and BRIKS
  16. Chimarov Nikolay Sergeevich. PROBLEMS of REALIZATION of LEGAL SELECTIVE STANDARDS of NEW TECHNOLOGIES of VOTING In the RUSSIAN FEDERATION And FOREIGN COUNTRIES: KONSTITUTSIONNO-LEGAL RESEARCH. The dissertation on competition of a scientific degree of the master of laws. St.-Petersburg - 2017, 2017
  17. § 4. Konstitutsionno-legal responsibility of bodies and officials in sphere normotvorchestva
  18. Chapter 5. Legal responsibility for offences in sphere of building of the earths