Principal approaches to the detection of measures securing the assurance of expression of people' will

State and local bodies engaged in the organization of elections and thus making the constitutional concept of democracy real must not be subjected to influence in order to protect the will of people against falsification when the people's representative bodies are formed. The election campaign managers are the participants of constitutional relations and should have some incentives which will not enable them to violate the Constitution of the Russian Federation. Both legal literature and legislation doesn't contain any measures of protection of the will of people against falsification when people's representative bodies are formed. I believe these measures to be necessary for the election campaign managers i.e. members of election commissions. Due to the powers and constitutional tasks conferred on the members of election commissions they have a permit to work with source documents reflecting the will of people and thus have all possibilities to falsify people's will and therefore there should be adequate measures to prevent these falsifications. There are no adequate measures for protection of the will of people against falsification by the members of election commissions. The author proposes the term "tort of the election commission member" to be used as the basis for measures securing the assurance of expression of people' will. The tort of the election commission member (electoral tort) is an act (or omission) of the election commission member which is inconsistent with proper conduct under the Constitution of the Russian Federation and this results in the falsification of people's will and requires the application of measures securing the assurance of expression of people' will. The constitutional duties of the election commission members securing the assurance of expression of people's will cannot be properly performed by such acts or omissions. I think that there should be a constitutional legal evaluation of the activity of those people who have issued illegal decisions i.e. of each member of the election commission. In this connection the author proposes to add Part 1.2 to Article 261"Court decisions and their realization in cases over protection of electoral rights of the Russian citizens and their rights to participate in referendums". The content of Part 1.2 should be the following:" Having declared the decisions or acts (omissions) of the election commission which falsified the will of people either during voting or when stating its results to be illegal, the court can fine each member of the commission to 300 000 rubles. The above measure is commensurate with the constitutionally established goals and values of democracy and people's representation enshrined in the Constitution of the Russian Federation as well as with the character of the committed violation. This measure is aimed at the protection of the Constitution of the Russian Federation.

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