North Caucasus Legal Vestnik

Authors

Keywords:

дистанционное электронное голосование, избирательное право, цифровизация, конституционные принципы, тайна голосования, свобода волеизъявления, равенство кандидатов, правовая определенность, легитимность выборов, избирательная инженерия, цифровая демократия, цифровое неравенство, нормативное регулирование

Abstract

IntroductionIntroduction. In the context of the digital transformation of public power, the field of exercising electoral rights is acquiring a new legal dimension that requires a constitutional and legal rethink. Remote electronic voting is becoming a legal form of exercising active suffrage, while its legal nature and permissibility should be assessed in terms of compliance with basic constitutional principles. The expansion of digital mechanisms for the expression of citizens' will entails the need for strict regulatory enforcement of guarantees of freedom, equality and secrecy of voting.PurposePurpose. Constitutional and legal analysis of remote electronic voting as a form of implementation of active suffrage in the context of a large-scale digital transformation of public power.Materials and methodsMaterials and methods. The object of the study is the legal consequences of the introduction of electronic forms of expression of will, as well as their compliance with the fundamental principles of the democratic electoral process. The main sources used are the normative legal acts of the Russian Federation, the legal positions of the Constitutional Court of the Russian Federation, foreign judicial practice (in particular, the precedent of the BVerfG in 2009), as well as the scientific works of domestic and foreign researchers devoted to the digitalization of public power and electoral procedures. The methodological basis consists of comparative legal, formal legal, logical-systemic and institutional methods.ResultsResults. During the analysis of the stated topic, it was found that the current legislation in the field of remote electronic voting is fragmented, does not provide a sufficient level of legal protection of citizens, certainty, transparency and procedural guarantees. The article substantiates the need for a comprehensive legal and organizational modernization of electoral legislation in order to harmonize innovative technologies with fundamental constitutional principles. Remote electronic voting is considered as an important and necessary, but risky instrument of electoral modernization, the implementation of which requires institutional consistency, regulatory clarity and a high level of digital reliability.ConclusionsConclusions. In the context of the digital transformation of public power, remote electronic voting is not only a technological innovation, but also an institutional challenge that requires a systematic constitutional and legal understanding. Further development of the institution of electronic voting should be based on the constitutional model of elections, focused on ensuring public trust, legal predictability and legal responsibility. The conceptual approach to digitalization of elections requires the coordination of technological solutions with fundamental constitutional principles, which implies not a ban, but the normative integration of innovations into the framework of the rule of law.

Downloads

Published

2025-02-15

Issue

Section

Статьи