ELECTION OBSERVATION AS A DIRECT EXPRESSION OF THE PEOPLES POWER

Abstract

This article provides a comprehensive analysis of federal and regional legislation governing the institution of election and referendum observation. The study reveals contradictions and gaps in the legislative acts that define the procedure for appointing, the powers and legal status of an observer. Special attention is paid to the problems of practical implementation of their rights and guarantees of independence. The author suggests considering this institution not only in the narrow context of the electoral process, but also as an integral element of democracy and a mechanism of public control, contributing to the legitimization of the results of the vote. The study identified systemic defects in the current legal regulation, including a conflict between Federal Law No. 67-FZ and Federal Law "On the Fundamentals of Public Control," a gap in the legislation of the Republic of Ingushetia related to the lack of requirements for the minimum size of an initiative group as a subject for appointing observers, and an unjustified residency requirement for observers in regional and municipal elections. The study also substantiated the need to restore the right of voter groups to independently appoint observers, which was previously provided for in the now-defunct Federal Law No. 138-FZ. The author critically evaluates the narrowing of the circle of subjects of popular rule in the electoral process and proposes to expand the list of stages of the electoral process that are available for observation, including the nomination, registration of candidates, and election campaigning. Based on the analysis, specific proposals have been formulated to improve the legislative framework in order to enhance the effectiveness of the observation institution and strengthen confidence in the electoral system as a whole. The results of the study can be used in legislative activities, the law enforcement practice of election commissions, and the educational process in the course of constitutional and electoral law.