The primaries in Russia are a relatively new phenomenon. Our electoral system is quite seriously regulated. And such a phenomenon - PRIMERIZ.
"... we will initiate amendments to the federal law on political parties, which will enable the parties to conduct a preliminary vote to make personnel decisions," said Mr. Neverov.
For more information: http://www.kommersant.ru/doc/2994523.
It's not about securing the possibility of holding primaries. Strictly speaking, each party has the opportunity to hold primaries. The question of the legitimacy of political campaigning to the appointment of elections, and not only. But about everything in order.
1. The political party "United Russia" held a public event of federal significance, without having legal authority for this. That is why it is urgent to adopt a law on primaries. To legalize political election campaign prior to the announcement of elections. Thus, for some parties, election campaigning will be possible even before the announcement of elections.
The regulatory legal framework of the Russian Federation clearly regulates the activities of political parties related to the participation of candidates in various levels of elections. In addition, it must be remembered that each party has its own charter. According to this document, the procedures for the nomination of candidates. In particular: “The exclusive competence of the Congress includes: ... 220.127.116.11. nomination in accordance with the legislation of the Russian Federation by secret ballot of the federal list of candidates for deputies of the State Duma of the Federal Assembly of the Russian Federation and candidates for deputies of the State Duma of the Federal Assembly of the Russian Federation in single-mandate electoral districts ... ”(charter of the United Russia political party, http: // er .ru / party / rules / # 8). Thus, the United Russia, as it were, is divided into exclusive competence of the supreme governing body. That is, the highest governing body is subordinated to the results of the event, which does not have any legal basis, not regulated procedurally (at the legislative level).
Party CHARTER refers to the EXCLUSIVE COMPETENCE of the HIGHER GOVERNING BODY of the PARTY a number of issues. The solution of these issues can not be delegated to anyone. Even a part of these questions cannot be delegated to anyone. In fact, the primaries are the promise of the congress to nominate candidates for whom they voted.
There is a place for a legal assessment of the actions of the ruling party. Yes, it is more important to give a correct assessment to the ideological inspirers of the event called “PRIMERIES”.
In addition to purely legal contradictions, there are a number of points that I would like to draw attention to.
2. Each political party has its own vision of development. Very controversial statement about the usefulness of the primaries. The development of a political party is an exclusive matter of this political party itself. Speech in the case of the primaries is an open influence on the decision of independent political parties by an unknown contingent. Who votes on the primaries? Only members of this political party and non-party members voted on the United Russia primaries? And where is the guarantee that other political parties did not influence the decision?
A sufficiently large party has the ability to influence the decisions of another party. Members of "United Russia" will come to the primaries of the other party, vote for the "slop" candidates of the other party. It is convenient to choose weak opponents. Just do not need beautiful words about honesty and the desire to "fight" with strong rivals. Primaries are a tool to influence the activities of other political parties. Making lists of non-party members of other parties is not a recipe. Insane complication of the political system for the whim of the advertising department of PP "United Russia".
3. By the way, the subject of influence on political structures in the existing situation can be any subjects. For example, the same non-profit organizations funded from abroad. On the one hand, we are making political life "more transparent", on the other - please nominate your candidates for the primaries and "push" their voting. The official procedure, when any opposition can be put forward for the primaries, to ensure a consolidated vote "for their own", and as a result, United Russia will be forced to either nominate an opposition representative or ignore the opinion of the electorate. Both options are unacceptable.
Question of selection of candidates and requirements for them. Under regulatory regulation, it is very difficult to screen candidates. Political parties often forget that they have political platforms and programs. How will this relate to the “suddenly won” candidate? How much does the candidate share the opinion of the nominating party?
4. Be sure to regulate the issue of participation in the primaries of one or more parties. Separately, the issue of control over these nominations. One candidate (for example, non-partisan) can be nominated by the entire party at once. If the candidate wins the primaries of two or more parties?
5. Procedural and organizational issues. How is the procedure for nominating candidates for the primaries, how can they campaign for the electorate to collect votes, how to regulate public events, with whom to coordinate / notify the election campaign ... A lot of procedural issues. Only a professional lawyer can understand them, and even then not everyone. This is a question of an additional “professional” barrier not provided for in the legislation.
6. A separate item is necessary to regulate the issues of media coverage of the primaries. It is necessary that, on the one hand, campaigning for candidates was not election campaigning of a candidate and a political party, but on the other hand, what would the candidates actually talk about? Is it possible to separate the campaign of candidates participating in the primaries from the campaign directly? Again the question: who will follow this?
7. Well, we decided who and how to vote, but another main question: who counts? For the counting of votes, the main requirement is OBJECTIVITY. It is no secret that the main complaints in the electoral process are the counting of votes. Maximum “transparency” of this process is a guarantee of the legitimacy of the elections. It is necessary to regulate the activities of those who count votes. That is, to oblige the only structure that does it professionally (the election commission) to participate in the counting of votes. Otherwise, the results will somehow look doubtful.
8. And, by the way, it is necessary to determine who will consider disputes between candidates for the primaries. Courts - who else! That is, a separate judicial practice on the application of "optional" and completely unregulated procedures of PRIMERIES.
9. Let us turn to the economy, so to speak, to the base. The media flashed information that the primaries cost PP "United Russia" in 600 million rubles. Believe me, for this note, it does not matter what amount is spent. It is important whose money it is. Suppose a wealthy party has spent its own resources on such an important event. But is it possible, say, for other political parties to make similar “investments” in candidates? The question is rhetorical.
We return to the main point. The primaries, even with a “recommendatory character,” put serious barriers. Parties conducting primaries are forced to use their ADMINISTRATIVE (and not only) RESOURCE.
The introduction of the primaries is a very deep revision of the electoral legislation. For such work, you need at least to explain the need for this. You can not listen to PR people and stupidly implement their proposals.
There is a law. It must be observed!