Modern electoral system in Russia. The electoral system in the Russian Federation

If we analyze in detail the types of modern electoral systems, it turns out that how many countries in the world, so many types. I'm talking, of course, about democracies. But there are only three main types of electoral systems. With its advantages and disadvantages.

What types of electoral systems are the best today? No serious political scientist can answer this question for you. Because it is like in clinical medicine: “it is not a disease in general that needs to be treated, but a specific patient” - everything is taken into account, from the age and weight of a person to the most complex genetic analyzes. So it is with the types of electoral systems - numerous factors play a role: the history of the country, time, political situation, international, economic and national nuances - it is impossible to list everything in the article. But in reality, when the main basic principles of the political structure of the country related to the electoral right are discussed and approved, absolutely everything should be taken into account. Only in this case it will be possible to talk about an adequate electoral system "here and now."

Statements and definitions

The concept and types of electoral systems are presented in the sources in several versions:

The electoral system in the broadest sense is

“a set of legal norms that form the electoral right. Suffrage is a set of legal norms regulating the participation of citizens in elections.

The electoral system in the narrow sense is

"a set of legal norms that determine the results of voting."

If we think from the point of view of organizing and holding elections, then the following formulation seems to be the most adequate.

The electoral system is a technology for transforming the votes of voters into mandates of delegates. This technology should be transparent and neutral so that all parties and candidates are on an equal footing.

The concept and definition of suffrage and the electoral system varies from one historical stage to another and from one country to another. Nevertheless, the main types of electoral systems have already developed into a clear, unified classification, which is accepted all over the world.

Types of electoral systems

The classification of types is based on the mechanism for the distribution of mandates based on the results of voting and the rules for the formation of power structures and authorities.

In a majoritarian system, the candidate or party with the most votes wins. Types of majoritarian electoral system:

In an absolute majority system, you need 50% + 1 vote to win.
In a plurality system, a simple majority is needed, even if it is less than 50%. The simplest and most understandable variety for the voter, which is very popular in local elections.
The system needs more than 50% of the votes at a predetermined rate - 2/3 or ¾ of the votes.

Proportional system: authorities are elected from parties or political movements that provide lists of their candidates. Voting goes for this or that list. Party representatives receive mandates of power based on the votes received - in proportion.

Mixed system: Majority and proportional systems are applied simultaneously. Part of the mandates is obtained through a majority of votes, the other part - through party lists.

Hybrid system: the combination of majoritarian and proportional systems does not proceed in parallel, but sequentially: first, parties nominate their candidates from lists (proportional system), then voters vote for each candidate personally (majority system).

Majoritarian electoral system

The majority system is the most common electoral scheme. There is no alternative, if one person is elected to one position - president, governor, mayor, etc. It can also be successfully applied in parliamentary elections. In such cases, single-mandate constituencies are formed, from which one deputy is elected.

Types of majoritarian electoral system with different definitions of the majority (absolute, relative, qualified) are described above. Detailed description requires two additional subspecies of the majority system.

Elections held under an absolute majority scheme sometimes fail. This happens when there are a large number of candidates: the more there are, the less likely any of them will get 50% + 1 vote. This situation can be avoided with the help of alternative or majoritarian-preferential voting. This method has been tested in the elections to the Australian Parliament. Instead of one candidate, the voter votes for several on the principle of "desirability". The number “1” is placed against the name of the most preferred candidate, the number “2” is placed opposite the second most desirable candidate, and further down the list. The counting of votes is unusual here: the winner is the one who scored more than half of the "first preference" ballots - they are counted. If no one has scored such a number, the candidate who has the fewest ballots in which he was marked under the first number is excluded from the count, and his votes are given to other candidates with “second preferences”, etc. The serious advantages of the method are the ability to avoid repeated voting and maximum consideration of the will of the electorate. Disadvantages - the complexity of counting ballots and the need to do this only centrally.

In the world history of suffrage, one of the oldest is the concept of a majoritarian electoral system, while the types of the preferential electoral process are new formats that imply extensive explanatory work and a high political culture of both voters and members of election commissions.

Majority systems with repeat voting

The second way to deal with a large number of candidates is more familiar and widespread. This is a re-vote. The usual practice is to re-ballot the first two candidates (accepted in the Russian Federation), but there are other options, for example, in France in the elections to the National Assembly, everyone who has won at least 12.5% of the votes from their constituencies is re-elected.

In the system of two rounds in the last, second round, it is enough to gain a relative majority of votes to win. In a three-round system, an absolute majority of votes is required in the repeat ballot, so sometimes a third round must be held in which a relative majority is allowed to win.

The majoritarian system is great for electoral processes in two-party systems, when the two dominant parties, depending on the results of the vote, change positions with each other - who is in power, who is in opposition. Two classic examples are British Labor and Conservatives or American Republicans and Democrats.

Advantages of the majority system:

Disadvantages of the majority system:

If there are many candidates, the person with the fewest votes (10% or less) may win.
If the parties participating in the elections are immature and do not have serious authority in society, there is a risk of creating an inefficient legislature.
Votes cast for losing candidates are lost.
The principle of universality is violated.
It is possible to win with a skill called “oratory skills”, which is not related to, for example, legislative work.

proportional electoral system

The proportional system originated at the beginning of the 20th century in Belgium, Finland and Sweden. The technology of elections based on party lists is highly variable. Varieties of proportional methods exist and are implemented depending on what is more important at the moment: clear proportionality or high certainty of voting results.

Types of proportional electoral system:

With open or closed party lists.
With or without interest barrier.
A single multi-member constituency or multiple multi-member constituencies.
With permitted electoral blocs or with prohibited ones.

A separate mention is made of the option of elections by party lists with additional single-mandate constituencies, which combines two types of systems - proportional and majoritarian. This method is described below as hybrid - a kind of mixed electoral system.

Advantages of the proportional system:

Opportunity for minorities to have their own deputies in parliament.
Development of a multi-party system and political pluralism.
An accurate picture of the political forces in the country.
Possibility of entry into power structures for small parties.

Disadvantages of the proportional system:

Deputies lose touch with their constituents.
Interparty strife.
The dictates of the party leaders.
"Unstable" government.
The “locomotive” method, when famous personalities at the head of party lists, after voting, refuse mandates.

panashing

An extremely interesting method that deserves special mention. It can be used in both majoritarian and proportional elections. This is a system in which the voter has the right to choose and cast their vote for candidates from different parties. It is even possible to add new names of candidates to the party lists. Panache is used in a number of European countries, including France, Denmark, and others. The advantage of the method is the independence of voters from the candidates' affiliation to a particular party - they can vote according to their personal preferences. At the same time, this same advantage can result in a serious disadvantage: voters can choose candidates who are “lovable to the heart” and who cannot find a common language because of completely opposite political views.

Suffrage and types of electoral systems are dynamic concepts, they develop along with the changing world.

Mixed electoral system

Mixed options for elective campaigns are the optimal types for “complex” countries with a heterogeneous population on grounds of various kinds: national, cultural, religious, geographical, social, etc. States with a large population also belong to this group. For such countries, it is extremely important to create and maintain a balance between regional, local and national interests. Therefore, the concept and types of electoral systems in such countries have always been and are in the focus of increased attention.

European "patchwork" countries, historically assembled from principalities, separate lands and free cities centuries ago, still form their elected authorities according to a mixed type: these are, for example, Germany and Italy.

The oldest classic example is Great Britain with a Scottish Parliament and a Welsh Legislative Assembly.

The Russian Federation is one of the most "suitable" countries for the use of mixed types of electoral systems. Arguments - a huge country, a large and heterogeneous population in almost all criteria. The types of electoral systems in the Russian Federation will be described in detail below.

In a mixed electoral system, there are two types:

Mixed unrelated electoral system, where mandates are distributed according to the majority system and do not depend on "proportional" voting.
Mixed linked election system, in which parties receive their mandates in majoritarian districts, but distribute them depending on the votes within the proportional system.

Hybrid electoral system

Mixed system option: integrated election option with consistent principles of nomination (proportional list system) and voting (majority system with personal voting). There are two stages in the hybrid type:

First promotion. Lists of candidates are formed in local party cells in each constituency. Self-nomination within the party is also possible. Then all lists are approved at a party congress or conference (this should be the highest party body according to the charter).
Then the vote. Elections are held in single-member constituencies. Candidates can be selected both for personal merit and for belonging to any party.

It should be noted that hybrid types of elections and electoral systems are not held in the Russian Federation.

Advantages of a mixed system:

Balance of federal and regional interests.
The composition of power is adequate to the balance of political forces.
Legislative continuity and stability.
Strengthening political parties, stimulating a multi-party system.

Despite the fact that the mixed system is essentially the sum of the advantages of the majority and proportional systems, it has its drawbacks.

Disadvantages of a mixed system:

The risk of fragmentation of the party system (especially in countries with young democracies).
Small fractions in parliament, "patchwork" parliaments.
Possible victory of the minority over the majority.
Difficulties with the recall of deputies.

Elections in foreign countries

An arena for political battles - such a metaphor can describe the implementation of the right to vote in most democratic countries. At the same time, the main types of electoral systems in foreign countries are the same three basic methods: majoritarian, proportional and mixed.

Often, electoral systems differ in the numerous qualifications included in the concept of suffrage in each country. Examples of some electoral qualifications:

Age requirement (in most countries you can vote from 18 years old).
Settlement and citizenship requirement (you can elect and be elected only after a certain period of residence in the country).
Property qualification (proof of payment of high taxes in Turkey, Iran).
Moral qualification (in Iceland you need to have a "good temper").
Religious qualification (in Iran you need to be a Muslim).
Gender qualification (prohibition of voting for women).

If most qualifications are easy to prove or determine (for example, taxes or age), then some qualifications such as “good character” or “leading a decent lifestyle” are rather vague concepts. Fortunately, such exotic moral norms are very rare in modern electoral processes.

The concept and types of electoral systems in Russia

All types of electoral systems are represented in the Russian Federation: majoritarian, proportional, mixed, which are described by five federal laws. The history of Russian parliamentarism is one of the most tragic in the world: the All-Russian Constituent Assembly became one of the first victims of the Bolsheviks back in 1917.

We can say that the main type of electoral system in Russia is the majoritarian one. The President of Russia and top officials are elected by majority absolute majority.

A proportional system with a percentage barrier was used from 2007 to 2011. during the formation of the State Duma: those who received from 5 to 6% of the vote had one mandate, parties that received votes in the range of 6-7% had two mandates.

A mixed proportional-majoritarian system has been used in elections to the State Duma since 2016: half of the deputies were elected in single-member districts by a majoritarian relative majority. The second half was elected on a proportional basis in a single constituency, the barrier in this case was lower - only 5%.

A few words about the unified voting day, which was established within the framework of the Russian electoral system in 2006. The first and second Sundays of March are the days of regional and local elections. As for the single day in autumn, since 2013 it has been appointed to the second Sunday of September. But, given the relatively low turnout in early autumn, when many voters are still resting, the timing of the autumn voting day can be discussed and adjusted.

Types of electoral systems

The types of electoral systems are determined by the principles for the formation of a representative body of power and the corresponding procedure for the distribution of mandates based on the results of voting, also provided for in the electoral legislation. Since in different countries the principles for the formation of elected authorities and the procedure for distributing mandates are different, there are actually as many modifications of electoral systems as there are states that use elections to form public authorities. However, the centuries-old history of the development of representative democracy has developed two basic types of electoral systems - majoritarian and proportional, elements of which are manifested in one way or another in diverse models of electoral systems in different countries.

Majoritarian electoral system

The majoritarian electoral system is based on the system of personal representation in power. A specific person is always nominated as a candidate for a particular elective position in the majoritarian system.

The mechanism for nominating candidates may vary: in some countries self-nomination is allowed along with the nomination of candidates from political parties or public associations, in other countries candidates can only be nominated by political parties. But in any case, in the majoritarian constituency, the balloting of candidates takes place on a personal basis. Accordingly, the voter in this case votes for an individually determined candidate who is an independent subject of the electoral process - a citizen exercising his passive electoral right. Another thing is that this particular candidate can be supported by any political party. However, formally, a citizen is not elected from the party, but “on his own”.

As a rule, in most cases, elections under the majoritarian system are carried out in single-member constituencies. The number of constituencies in this case corresponds to the number of mandates. The winner in each district is the candidate who receives the statutory majority of the votes in the district. The majority in different countries is different: absolute, in which a candidate must gain more than 50% of the vote in order to receive a mandate; relative, in which the winner is the candidate who received more votes than all other candidates (provided that less votes were cast against all candidates than for the winning candidate); qualified, in which a candidate, in order to win the election, must gain more than 2/3, 75% or 3/4 of the votes. The majority of votes can also be calculated in different ways - either from the total number of voters in the district, or, most often, from the number of voters who came to the polls and voted. An absolute majority system involves voting in two rounds if no candidate receives the required majority in the first round. Candidates who received a relative majority of votes in the first round participate in the second round. Such a system is costly from a financial point of view, but is used in presidential elections in most countries of the world, including Russia.

Similarly, the winning candidates are determined in multi-member majoritarian districts with a categorical vote. The fundamental difference is only that the voter has as many votes as the number of mandates "played out" in the constituency. Each vote can only be given to one of the candidates.

Thus, the majoritarian electoral system is a system for the formation of elected bodies of power on the basis of personal (individual) representation, in which the candidate who receives the majority of votes prescribed by law is considered elected.

The majoritarian electoral system is the only one possible in the elections of heads of state or state entities (for example, subjects of the federation). It is also used in elections to collegiate bodies of power (legislative assemblies).

proportional electoral system

The proportional electoral system is based on the principle of party representation. With such a system, parties put forward lists of candidates ranked by them, for which the voter is invited to vote.

The voter actually votes for a political party (an electoral bloc or a coalition of parties, if their creation is allowed by law), which, in his opinion, most adequately and consistently expresses and protects his interests in the political system. The mandates are distributed among the parties in proportion to the number of votes cast for them in percentage terms.

The seats in the representative body of power that a political party (electoral bloc) has received are occupied by candidates from the party list in accordance with the priority established by the party. For example, a party that received 20% of the votes in the parliamentary elections in a single nationwide 450-member constituency should receive 90 deputy mandates.

The first 90 candidates from the corresponding party list will receive them. Thus, a proportional electoral system is a system for the formation of elected bodies of power on the basis of party representation, in which deputy seats (mandates) in a representative body of power are distributed in accordance with the number of votes scored by parties in percentage terms. This system ensures adequate representation of political interests in elected bodies of power. In a proportional electoral system, in contrast to the majoritarian system, the loss of votes of voters is minimal and is associated, most often, with the so-called "electoral barrier" - the minimum number of votes that a party must gain in elections in order to be eligible to participate in the distribution of mandates. The electoral threshold is established in order to restrict access to representative bodies of power for small, often marginal, non-influential parties. The votes that did not bring mandates to such parties are distributed (also proportionally) among the winning parties. Like the majoritarian, proportional electoral system has its own varieties. There are two types of proportional systems:

A proportional system with a single nationwide multi-member constituency, the number of mandates in which corresponds to the number of seats in the elected body of power: only national parties put forward their lists of candidates, voters vote for these lists throughout the country; proportional electoral system with multi-member constituencies. political parties form lists of candidates for electoral districts, respectively, the deputy mandates "played out" in the district are distributed based on the influence of the party in this district.

The main complaint against the proportional electoral system is that the voter does not have the opportunity to influence the personal composition of the elected body of power. In order to overcome this shortcoming, in some countries the proportional electoral system involves preferential voting. With such a vote, the voter not only votes for one or another party list, but also has the opportunity to change the priority of the party list by determining his preferences (ranking or ordinal voting). Another significant claim to the proportional system is related to the relative independence of party deputies from the regions and the impossibility in this regard to express regional interests in power. The Russian legislator tried to overcome this shortcoming by providing breakdown of the federal list candidates from the party for regional groups corresponding, under certain conditions, to a part of the territory of a subject of the federation, a subject of the Russian Federation, a group of subjects of the Russian Federation. At the same time, the federal list of candidates from a party must also provide for federal part. AT law on elections of deputies of the State Duma distribution of mandates is envisaged taking into account regional preferences in relation to the list of candidates from a particular party. For this purpose, a special methodology has been developed in the law. It seems that this approach, combined with the main advantages of the proportional electoral system, is one of the most effective in ensuring adequate representation of the interests of civil society in power.

Mixed electoral system

Attempts to maximize the advantages of basic electoral systems and level their shortcomings lead to the emergence of mixed electoral systems. The essence of the mixed electoral system lies in the fact that some of the deputies to the same representative body of power are elected by the majority system, and the other part - by the proportional system. At the same time, the creation of majoritarian constituencies (most often single-member, less often multi-member) and constituencies (with a proportional system with multi-member constituencies) or a single nationwide multi-member constituency for voting on party lists of candidates is expected. Accordingly, the voter acquires the right to simultaneously vote for a candidate (candidates) running in the majoritarian district on a personal basis and for a political party (list of candidates from a political party). In reality, during the voting procedure, the voter receives at least two ballots: one for voting for a specific candidate in the majoritarian district, the other for voting for a party.

Consequently, a mixed electoral system is a system for the formation of representative bodies of power, in which part of the deputies is elected on a personal basis in majoritarian districts, and the other part is elected on a party basis according to the proportional principle of representation.

A similar system was used for the election of deputies of the State Duma of the Russian Federation of the first four convocations. Half (225) of the Duma deputies were elected by the majoritarian system in 225 single-mandate constituencies. The election took place on the basis of a relative majority: the candidate who received more votes than other candidates was considered elected, provided that there were fewer votes against all candidates than for the winning candidate. At the same time, the elections were recognized as valid if more than 25% of voters in the district turned out.

The second half of the deputies of the State Duma of the Russian Federation were elected according to the proportional system on the basis of party representation in a single federal 225-member constituency. Political parties put forward lists of their candidates compiled in order of priority (ranked), for which voters throughout the country were invited to vote. Accordingly, the right to participate in such elections was granted (under certain conditions) only to federal parties or electoral blocs that included such parties. The right to participate in the proportional distribution of mandates was given to parties (electoral blocs) that received more than 5% of the votes in the country as a whole. The elections were considered valid if there was a 25% voter turnout, and also if, according to the voting results, the winning parties received in aggregate at least 50% of the votes of the voters who voted. Mixed electoral systems are usually distinguished by the nature of the relationship between the elements of the majoritarian and proportional systems used in them. On this basis, two types of mixed systems are distinguished:

A mixed unrelated electoral system, in which the distribution of mandates according to the majoritarian system does not depend in any way on the results of elections according to the proportional system (the above examples are just examples of a mixed unrelated electoral system);

A mixed tie-in electoral system in which the distribution of majoritarian seats depends on the results of elections by proportional representation. In this case, the candidates in the majoritarian districts are nominated by the political parties participating in the elections under the proportional system. The mandates received by the parties in the majoritarian districts are distributed depending on the results of the elections according to the proportional system.

In scientific literature, the term "electoral system", including in Russian jurisprudence, is usually used in two meanings - broad and narrow.

In a broad sense, the electoral system is a system of social relations associated with the election of public authorities. Obviously, the electoral system in such a broad sense is regulated not only by legal norms. The scope of these relations is very wide. It includes questions and definitions of the circle of voters and those elected, and the infrastructure of elections (the creation of electoral units, electoral bodies, etc.), and relations that develop at each stage of the electoral process until its completion. The electoral system is regulated by the norms of electoral law, understood as a system of legal norms, which is a sub-branch of constitutional (state) law. However, not the entire electoral system is governed by legal norms. It also includes relations regulated by corporate norms (charters of political public associations, etc.), as well as the customs and traditions of a given society.

However, people are more interested in the electoral system in the so-called narrow sense. This is a way of determining which of the candidates who ran is elected to office or as a deputy. Depending on which electoral system will be used, the results of elections with the same voting results may turn out to be completely different. Therefore, political forces often fight among themselves for a more advantageous electoral system (however, assessing its advantageousness, they may make a mistake).

If we try to define the term "electoral system", abstracting from its meaning in the narrow or broad sense, then, apparently, the electoral system should be understood as a set of rules, techniques, procedures, processes and institutions that ensure the legitimate formation of elected bodies of state power and local self-government on the basis of adequate representation of the diverse interests of civil society.

The electoral system of modern Russia, as is clear from the above, has undergone significant changes, which was largely determined by the emerging political situation. The political elite is in search of the most effective electoral technologies, effective in the sense of realizing the political tasks facing it. Therefore, even today it is hardly legitimate to talk about the finally established electoral system in Russia.

Currently, there are at least four electoral systems in Russia, i.е. four ways to organize direct elections: the majority system of an absolute majority in two rounds (this is how we elect the President of the Russian Federation); the majority system of a relative majority (with it there is only one round), which is used in the elections of half of the deputies of the legislative bodies of the constituent entities of the Russian Federation and in some municipalities; a mixed electoral system (seats are divided in half between party lists and candidates in single-member constituencies) and a fully proportional system, which will be used for the State Duma elections under the 2005 law.

At one time, our Soviet laws were extremely stingy. Now the number of words leads to a deterioration in the quality and degree of familiarity of the population with the laws. But such laws are not the state budget, they are addressed specifically to citizens.

However, despite the existence of a number of problems, legislation (federal and regional) allows you to determine the use of a particular electoral system in the formation of specific political authorities.

Naturally, elections of the President of the Russian Federation are carried out according to the majority system. They are held in a single federal electoral district, which includes the entire territory of the Russian Federation. Voters residing outside the territory of the Russian Federation are considered to be assigned to a federal electoral district. Elections of the President of the Russian Federation are appointed by the Federation Council of the Federal Assembly of the Russian Federation.

Candidates for the post of President of the Russian Federation may be nominated by political parties that have the right to take part in elections, electoral blocs, as well as by way of self-nomination. A citizen of the Russian Federation may nominate his candidacy provided that his self-nomination is supported by a group of voters in the amount of at least 500 people who have a passive electoral right. A candidate nominated by way of self-nomination is obliged to collect in his support, and a political party, an electoral bloc - in support of the nomination of a candidate by a political party, an electoral bloc, respectively, at least two million signatures of voters. At the same time, one subject of the Russian Federation should have no more than 50 thousand signatures of voters whose place of residence is located on the territory of this subject of the Russian Federation. If the collection of signatures of voters is carried out among voters permanently residing outside the territory of the Russian Federation, the total number of these signatures cannot exceed 50,000. A political party whose federal list of candidates is admitted to the distribution of deputy mandates in the State Duma of the Russian Federation does not collect signatures of voters in support of the candidates nominated by them. In the event of early or repeated elections of the President of the Russian Federation, the number of signatures of voters is reduced by half.

The voter turnout threshold should be above 50% of citizens eligible to vote. A candidate who receives more than half of the votes of the voters who voted is considered elected.

The Federation Council of the Federal Assembly of the Russian Federation is not elected, it is formed from representatives of the legislative and executive authorities of the constituent entities of the Russian Federation (respectively, two representatives from the region).

Elections of deputies of the State Duma The Federal Assembly of the Russian Federation, starting from 2007, will be held according to the proportional system. Elections of deputies to the State Duma of a new convocation are appointed by the President of the Russian Federation. 450 deputies are elected to the State Duma from a single federal constituency.

Deputies are elected in proportion to the number of votes cast for federal lists of candidates for deputies of the State Duma from political parties. Consequently, candidates for deputies of the State Duma are nominated as part of federal lists from political parties that, in accordance with the law, have the right to participate in elections. And such a right is granted only to federal parties registered in the prescribed manner no later than 1 year before the elections, and having their regional branches in the constituent entities of the Russian Federation.

The heads of regions are appointed by the President of the Russian Federation nominating candidates to the legislative assemblies of the relevant subjects of the Russian Federation, which must approve them in office. According to the Federal Law On Amendments to the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" and to the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation, direct gubernatorial elections replaced by the approval of the heads of regions by local legislative assemblies on the proposal of the president. The candidacy of the head of the region is submitted by the president 35 days before the expiration of the term of office of the incumbent governor, and within 14 days the regional parliament must make its decision. If the legislative assembly rejects the proposed candidate twice, the president has the right to dissolve it.

In modern Russia, various forces influence the formation of the electoral system. Among them there are those who sincerely hope to polish the democratic procedures for the formation of a truly representative government. However, there are many political forces that are trying to form an electoral system “for themselves”, guaranteeing their victory in any case. In this sense, it is not at all accidental. in electoral law There are many loopholes in Russia for unscrupulous participants in the electoral process. These, undoubtedly, include the use of the notorious “administrative resource”, the removal of principal rivals from the elections through the courts, sometimes for far-fetched reasons and immediately before the voting day, the “ejection” of ballots for those who did not appear at the polling stations, outright fraud of the election results, etc. d. The result of the struggle for the formation of a new electoral system in Russia will largely be predetermined by the general direction of the changes now taking place in Russia.

The main electoral systems are evaluated according to three criteria: 1) representativeness, that is, the ability to reflect the existing spectrum of political forces in parliament; 2) the simplicity of the election mechanism; 3) correctability of election results in case of disappointment of voters in deputies.

Historically, the first electoral system was majoritarian system, which is based on the principle of the majority (French majorite - majority): those candidates who receive the established majority of votes are considered elected. Depending on what kind of majority it is (relative, absolute or qualified), the system has varieties. Later in the work, I will consider these varieties in more detail.

Already at the dawn of the formation of the constitutional system, ideas began to be put forward proportional representation of political associations, at which the number of mandates received by such an association corresponds to the number of votes cast for its candidates. The practically proportional system was first used in Belgium in 1889. By the beginning of the twentieth century, there were 152 of its varieties. Now it exists in more than 60 countries.

mixed system involves a combination of elements of the majority and proportional systems in various variations. Its formation began in the post-war period, it was supposed to incorporate the positive characteristics of the majority and proportional systems.

majoritarian electoral system. Under a qualified majority system, the law establishes a certain percentage of the vote that a candidate (list of candidates) must receive in order to be elected.

This share is greater than the absolute majority, i.e. more than 50% plus one vote. If no one wins in the first round under the supermajority system, a second round follows, which is usually held one to two weeks later. In the second round, the two candidates with the highest number of votes compared to the others are usually put forward for a new vote under this system.

Under a plurality majoritarian system, to win an election, a candidate needs to win more votes than any of the other candidates, even if less than half of the voters voted for him.

It is effective: the only case where there can be no result is when two or more candidates receive the same maximum number of votes.

Such cases are quite rare, and the legislative resolution of the situation usually happens by lot. Such a system was used as the only one for the election of any chamber of parliament (or both chambers) by 43 states, including the United States and a number of member states of the British Commonwealth of Nations. The system (this applies to all varieties of the majoritarian system) can be applied both in single-member and multi-member constituencies.

The majority system of relative majority is one of the least democratic electoral systems, the main flaws of which are:

2) the picture of the real balance of political forces in the country is distorted: the party that received a minority of votes gets the majority of seats. The advantage of the majority system of the relative majority is that the voting is carried out in one round, since the winner is determined immediately. This greatly reduces the cost of elections. Under an absolute majority system, the winner is the candidate who wins 50% plus 1 vote of all voters who participated in the voting. In the event that no candidate receives the required number of votes, a second round is appointed, in which the two candidates who won the largest number of votes in the first round take part. In the second round, the candidate with the relative majority of the votes becomes the winner. The advantage of this system in comparison with the system of the relative majority is that candidates are considered elected if they are supported by a valid majority of voters, even if this majority is one vote. But the same defect remains, which is the main one in the system of relative majority: the votes cast against the winning candidates disappear. The majoritarian electoral system, both relative and absolute majority, does not imply elections on a purely party basis. Along with candidates nominated by political parties, independent candidates are also fighting for seats. And voters, voting in elections, often prefer this or that candidate not as a representative of a particular party, but as a credible politician.

proportional electoral system. This system involves the distribution of seats in parliament in accordance with the number (percentage of votes received in elections according to party lists in a single national constituency or in several large regional constituencies. This system is used, as a rule, in parliamentary elections (all of continental Western Europe, with the exception of France, half of the deputies of the State Duma of the Russian Federation, etc.).

Seats are allocated either by the largest balance, or by the highest average, or on the basis of an electoral quota.

The electoral quota is calculated by dividing the total number of votes cast in the constituency by the number of seats to be allocated, i.e. determines the minimum number of votes that a party needs to win in order to receive one mandate.

According to the method of the largest remainder, undistributed seats are given to parties with the largest balances of votes.

The distribution of mandates by the method of the largest average is somewhat more complicated, when the remaining mandates are distributed among the parties with the largest average. To calculate the average of each list, it is necessary to divide the number of votes cast for a party by the number of mandates received by it plus one.

The advantage of the proportional system is its representativeness, which ensures the most adequate representation of various parties in parliament and gives voters the opportunity to rank their choice. It provides feedback between the state and civil society, promotes the development of pluralism and a multi-party system.

At the same time, the system does not fully meet the criterion of simplicity, since it requires the average voter to be widely aware of the positions of the parties. It can also become a source of destabilization of society in the event of a change in the orientation of the party for which the voters voted, as well as as a result of an intra-party split after the elections.

The advantages of the proportional electoral system are realized with the established multi-party system. In the absence of such a system, this system can lead to the emergence of a fragmented deputy corps and frequent changes of governments, which will weaken the effectiveness of the democratic system.

Mixed electoral system. On the basis of a mixed electoral system, elections are held in Germany and Russia. In a number of countries, in order to combine the benefits of various systems and avoid their shortcomings, or at least significantly mitigate these shortcomings, mixed electoral systems are being created, in which elements of both majoritarian and proportional systems are somehow combined.

The essence of the mixed system is that part of the deputy corps is elected by the majority system, and part - by proportional representation. The voter gives one vote for a specific candidate running in this constituency, the other - for a political party.

In accordance with the mixed type of electoral system implemented in Russia, the country's supreme legislative body consists of: 225 deputies of the State Duma representing influential political forces; 176 deputies of the Federation Council - representatives from administrative-territorial units (2 from each subject).

In the legal literature, two approaches to understanding the electoral system are common: broad and narrow.

Broadly speaking, the electoral system is understood as a set of social relations that develop regarding the formation of state authorities and local self-government through the implementation of citizens' electoral rights. With this approach, the electoral system includes the principles and conditions for the participation of citizens in elections, the procedure for their appointment, preparation and conduct, the range of subjects of the electoral process, the rules for establishing voting results and determining election results. The electoral system in a broad sense, in essence, is identified with the election campaign, which is the activity for preparing elections, carried out from the day of the official publication of the decision to call elections until the day the commission organizing the elections submits a report on the expenditure of budgetary funds allocated for them. For this reason, the use of the concept of an electoral system in a broad sense is hardly justified.

Narrow understanding of the electoral system As a rule, it is associated with the methods (techniques) of establishing the voting results and determining the winner in the elections and is considered as a kind of legal formula by which the results of the election campaign are determined at the final stage of the elections. So, in accordance with Art. 23 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" under the electoral system in municipal elections understood conditions for recognizing a candidate (candidates) as elected (elected), lists of candidates - admitted to the distribution of deputy mandates, as well as the procedure for distributing deputy mandates between the lists of candidates and within the lists of candidates. At the same time, one should not forget that the rules for tabulating the results of voting depend, in addition to the methods for determining the result, on a number of electoral actions that have a direct impact on the decision to elect a particular candidate. Based on this, in a legal sense, it is preferable to link a narrow understanding of the electoral system with a set of norms that fix the rules:

formation of constituencies;
nomination of candidates (lists of candidates);
determining the role of political parties (electoral associations) in elections;
approval of the form of the ballot;
determination of election results and determination of winners, including the distribution of deputy mandates among political parties (electoral associations);
conducting, if necessary, a repeat voting (second round of elections);
filling vacant seats.

Types of electoral systems

In their totality, they give the most complete picture of the elements that form the electoral system, the various combinations and content of which determine identification of different types of electoral systems.

In the history of the development of electoral legislation, many approaches to the design of electoral systems have been formed. At the same time, the choice of one or another type of electoral system is one of the key issues in the political life of the country, the solution of which is significantly influenced by the state of democratic development and the balance of political forces. It is no coincidence that the Constitutional Court of the Russian Federation came to this conclusion. In the ruling of November 20, 1995 on the refusal to accept for consideration the request of a group of deputies of the State Duma of the Federal Assembly of the Russian Federation and the request of the Supreme Court of the Russian Federation to verify the constitutionality of a number of provisions of the Federal Law of June 21, 1995 "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation » The Court emphasized that the choice of one or another version of the electoral system and its fixing in the electoral law depends on specific socio-political conditions and is a matter of political expediency. In Russian conditions, this choice is made by the Federal Assembly of the Russian Federation in accordance with the rules of legislative procedure. This circumstance, however, does not mean at all that the issue of the electoral system is purely political and lacks legal meaning. The legal significance of the electoral system consists in the proper legislative consolidation of the entire set of rules governing relations related to the determination of election results and forming the legal design of the electoral system, including the consolidation of its various types.

The current electoral legislation provides for the possibility of using the following types of electoral systems: majoritarian, proportional and mixed (majority-proportional) electoral system.

Majoritarian electoral system

The essence lies in dividing the territory where the elections are held into constituencies in which voters vote personally for certain candidates. To be elected, a candidate (candidates, if the elections are held in multi-member constituencies) must receive a majority of the votes of the voters who took part in the voting. From a legal point of view, the majoritarian electoral system is distinguished by its universality of application, which allows it to be used for the election of both collegial bodies and individual officials. The right to nominate candidates under this electoral system is vested both in citizens by way of self-nomination and in political parties (electoral associations). In the event of the formation of vacant mandates, due, among other things, to the early termination of the powers of deputies (elected officials), it is mandatory to hold new (additional, early or repeat) elections.

Majoritarian electoral system has varieties. Depending on the electoral districts formed, majoritarian electoral systems are distinguished, which involve voting in a single electoral district, single-seat and multi-seat electoral districts. The majority system based on a single constituency is used only in the election of officials. When deputies of legislative (representative) bodies of state power, representative bodies of municipalities are elected, either single-member or multi-member constituencies are used. Moreover, the maximum number of mandates per one multi-member constituency cannot exceed five. At the same time, this restriction does not apply to elections to local self-government bodies of a rural settlement, as well as another municipality, the boundaries of a multi-member constituency of which coincide with the boundaries of a polling station.

There are majoritarian systems of relative, absolute and qualified majority. The relative majority system assumes that in order to be elected, it is required to collect the largest number of votes in relation to other candidates. It can be used in the elections of deputies of legislative (representative) bodies of state power, representative bodies of municipalities, as well as in the elections of heads of municipalities.

Under an absolute majority system, in order to elect a candidate, it is necessary that he receives more than half of the votes of the number of voters who took part in the voting. If none of the candidates manages to gain such a number of votes, a second ballot is held for the two candidates for whom the largest number of votes were cast in the first round of elections. To win in the second round using such a system, it is enough to gain a relative majority of votes. The absolute majority system is used in the elections of the President of the Russian Federation, and also, if it is provided for by the law of the subject of the Federation, in the elections of heads of municipalities. In principle, one cannot exclude its use in the elections of deputies of legislative (representative) bodies of state power, representative bodies of municipalities, but such cases are unknown to the current electoral legislation.

The system of qualified majority is quite rare. It is based on the fact that in order to win the elections, it is necessary not only to gain this or that majority of votes, but the majority fixed in the law (at least 1/3, 2/3, 3/4) of the number of voters who voted. At present, it is practically not used, although earlier cases of its use took place in some subjects of the Federation. Thus, the now repealed Law of Primorsky Territory of September 28, 1999 "On the election of the governor of Primorsky Territory" provided that the candidate who received the largest number of votes, provided that it was at least 35% of the number of voters who took part in the vote.

proportional electoral system

The following features are characteristic. Its application is limited to elections of deputies of legislative (representative) bodies; it does not apply to the election of officials. Only political parties (electoral associations) have the right to nominate candidates. Under such a system, voters do not vote personally for candidates, but for lists of candidates (party lists) put forward by electoral associations, and lists of candidates who have overcome the barrier, i.e., who have received the minimum required number of votes established by law, which is not may exceed 1% of the number of voters who took part in the voting. The resulting vacancies will be filled by the following candidates from the lists of candidates (party lists) admitted to the distribution of mandates, as a result of which no by-elections are foreseen.

Russian legislation knows two types of proportional electoral system, due to the use of closed (hard) or open (soft) lists of candidates. When voting by closed lists, a voter has the right to vote only for one or another list of candidates as a whole. Open lists allow a voter to vote not only for a specific list of candidates, but also for one or more candidates within that list. In our country, a clear preference is given to closed lists. Voting by open lists is provided only in a few subjects of the Federation (Republic of Kalmykia, Tver region, Yamalo-Nenets Autonomous Okrug).

The proportional electoral system is used in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation. It is rare in the subjects of the Federation in its pure form (Dagestan, Ingushetia, Amur Region, Sverdlovsk Region, St. Petersburg). As for municipal elections, the proportional electoral system is generally uncharacteristic for them. A rare exception in this regard is the city of Spass k-Dalniy of Primorsky Krai, whose charter provides for the election of all deputies of the city district on party lists.

Mixed electoral system

A mixed (majority-proportional) electoral system is a combination of majoritarian and proportional systems with a statutory number of deputy mandates distributed over each of them. Its application allows you to combine the advantages and smooth out the shortcomings of the majority and proportional systems. At the same time, political parties (electoral associations) are given the opportunity to nominate the same persons as candidates both on the party list and in single-mandate (multi-mandate) constituencies. The law only requires that in the event of simultaneous nomination in a single-mandate (multi-mandate) constituency and in the list of candidates, information about this must be indicated in the ballot prepared for voting in the corresponding single-mandate (multi-mandate) constituency

The mixed system is currently used in the elections of legislative (representative) bodies of state power in almost all subjects of the Federation. This is due to the fact that the Federal Law “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (Article 35) requires that at least half of the deputy mandates in the legislative (representative) body of state power of a constituent entity of the Federation or in one of its chambers were subject to distribution among the lists of candidates put forward by electoral associations, in proportion to the number of votes received by each of the lists of candidates.

When holding elections of deputies of representative bodies of municipalities, the mixed majority-proportional system is used much less frequently. In all likelihood, this is due to the fact that federal legislation does not require the mandatory use of elements of the proportional system in relation to the municipal level of formation of representative bodies of power.

There is nothing original in this. This situation exists in many foreign countries, when different bodies are elected in different ways, including France, Brazil and some other countries.

Elections of the President of the Russian Federation are carried out according to the majority system. They are held in a single federal electoral district, which includes the entire territory of the Russian Federation. Voters residing outside the territory of the Russian Federation are considered to be assigned to a federal electoral district. Elections of the President of the Russian Federation are appointed by the Federation Council of the Federal Assembly of the Russian Federation.

Elections of deputies of the State Duma The Federal Assembly of the Russian Federation, since 2007, are held according to the proportional system. Elections of deputies to the State Duma of a new convocation are appointed by the President of the Russian Federation. 450 deputies are elected to the State Duma from a single federal constituency.

At the same time, a political party has the right to nominate as part of the federal list of candidates citizens of the Russian Federation who are not members of this political party (but not more than half of the list). It is important to keep this in mind, since this provision of the electoral legislation is a prerequisite for ensuring, under the conditions of a proportional system, the passive electoral right of non-partisan citizens. Moreover, the law on the election of deputies of the State Duma contains an article stating that every citizen of the Russian Federation with a passive electoral right, no later than three days from the date of the official publication of the decision to call the election of deputies of the State Duma, has the right to apply to any regional branch of any political party with a proposal to include him in the federal list of candidates put forward by that political party.

The federal list of candidates must be divided (in whole or in part) into regional groups of candidates corresponding to a constituent entity of the Russian Federation, a group of constituent entities of the Russian Federation, or a part of the territory of a constituent entity of the Russian Federation. The number of regional groups of candidates may not be less than one hundred. The regional part of the federal list of candidates must cover all subjects of the Russian Federation.

And no more than three candidates can be included in the federal part of the federal list of candidates. This new provision of the law on the election of deputies of the State Duma guarantees proportional representation in the State Duma of the Russian Federation not only according to the party principle, but also according to the territorial one, since the formation of the final list of deputies from a political party, if it is admitted in accordance with the results of the elections to the distribution of mandates, will be carried out taking into account how the regions voted for this party. If a party receives more votes in one region than in another, then accordingly from the first region a greater number of candidates from the regional list of the party will receive deputy mandates.

The nomination of a federal list of candidates must be supported by voters by entering their signatures on the signature lists (at least 200,000 signatures, with no more than 10,000 signatures per subject of the Russian Federation), or secured by an electoral deposit paid by a political party (6 million rubles). True, this provision does not apply to parties whose federal lists of candidates are admitted to the distribution of deputy mandates at the last, preceding elections of deputies to the State Duma. That is, parties already represented in the State Duma of the Russian Federation under a proportional system have the right not to collect signatures of voters and not to pay an electoral deposit for registering the federal list of candidates put forward by it.

If the federal list of candidates of the party that paid the electoral deposit received, as a result of voting, at least 4 percent of the votes of voters from the total number of voters who took part in the voting, or is admitted to the distribution of deputy mandates, the electoral deposit paid by the political party that nominated such a list shall be returned to the Central Electoral commission of the Russian Federation to the electoral fund of this political party no later than five days from the date of the official publication of the results of the election of deputies of the State Duma.

A significant change in the electoral legislation of the Russian Federation is the exclusion of the column “against all” from the ballots, which, according to the idea of the legislator, should lead Russian voters to a more active political position, to increase their responsibility for the fate of the country. However, the exclusion of this column largely limits the electoral opportunities of citizens. Voting against all candidates was a legal and fairly effective opportunity for citizens to show the political elite that if there is political activity (citizens participate in elections), they do not find forces in the political system that can represent their interests. With the exception of the “against all” column, the political elite will no longer receive such signals, or will receive them in a more radical form.

In modern Russia, various forces influence the formation of the electoral system. Among them there are those who sincerely hope to polish the democratic procedures for the formation of a truly representative government. However, there are many political forces that are trying to form an electoral system “for themselves”, guaranteeing their victory in any case. In this sense, it is not at all accidental. in electoral law There are many loopholes in Russia for unscrupulous participants in the electoral process. These, undoubtedly, include the use of the notorious “administrative resource”, the removal of principal rivals from the elections through the courts, sometimes for far-fetched reasons and immediately before the voting day, the “stuffing” of ballots for those who did not appear at the polling stations, outright fraud of the election results, etc. d. The result of the struggle for the formation of a new electoral system in Russia will largely be predetermined by the general direction of the changes now taking place in Russia.

In this sense, consideration of world experience, various schemes of the electoral process in various conditions, existing types of electoral systems, allows us to better understand the political processes taking place in Russia, assess the real representativeness of Russian political power, consciously and competently participate in the electoral process, and thereby maximum opportunities to influence the quality of the political system of their country, and, therefore, the quality of their own lives.