Control of conformity of question on referendum to statutory requirements: problems of legal regulation in modern Russia

The operating Russian legislation on referenda provides controlling the conformity of the question of a nation-wide referendum to law requirements by various subjects at different stages of referendum process. At the stage of registration of an initiative group control realisation is assigned to the RF Central Electoral Commission by Clause 15 Part 13 of the Federal Constitutional Law On the Referendum in the Russian Federation; at the stage of purpose of a referendum it is done by the Constitutional Court of the Russian Federation by Clause 23 Part 1 of the Law on referendum. However, the brevity of legal regulation of the RF Constitutional Court's control of the question of a referendum as stated in Clause 23 Part 1 of the law On the Referendum in the Russian Federation can entail the RF Constitutional Court's prolongation of consideration of a corresponding inquiry till the time period when having a nation-wide referendum is forbidden by law. Lacunas in the law On the Constitutional Court of the Russian Federation is an additional obstacle of effective carrying out of control of the question of a referendum. Amendments of the law On the Referendum in the Russian Federation from April 24, 2008 establish additional control by the Constitutional Court of Russia on demand of the Supreme Court of the Russian Federation. However, it is necessary to specify the absence of legislative fixation of the specified power of the Constitutional Court of the Russian Federation and of a legal mechanism of its realisation. It is also important to note that this procedure by the Constitutional Court of the Russian Federation by Clause 23 Part 1.1. of the Law on referendum duplicates the control measures already taken as said in Clause 15 Part 17 of the law On the Referendum in the Russian Federation. Therefore it is necessary to cancel the rule in Clause 23 Part 1.1. of the Law on referendum. Thus, the procedure of control of conformity of the question of a referendum to law requirements as the major stage of the referendum process demands careful and detailed legal regulation. However, the legislative regulation of control of the subject of a referendum in modern Russia is characterized by insufficient quality and excessive complication. To a certain degree it is characteristic for the institution of a nation-wide referendum.

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