Институт первичных внутрипартийных выборов в России и в зарубежных странах: особенности конституционно-правового регулирования
The article reviews a comparative analysis of approaches to the legal regulation of primary elections (primaries) procedure in the USA, Argentina, Uruguay, France, Israel and Russia. Even though in the USA parties began to hold primaries since the middle of the XIX century, Russian parties drew attention to this institution only in the early 2010s. The author concludes that primaries could have a positive impact on development of party system in the country. However, for a competent implementation of this institution in the Russian legal system, it is necessary to examine and compare different existing models of the legal regulation of primaries. The author identifies three models of legal regulation of primaries: regulation of primaries by state authorities; regulation of the process of primaries based on internal local acts; a mixed model combining both legislative (general principles) and more detailed intraparty regulation. The article will also consider the issue of judicial protection of the rights of candidates and electors during the primaries. If in the United States an extensive judicial practice of protecting the rights of voters had been developed, Russian courts refuse to consider complaints of violations in the course of preliminary intraparty voting. Separately, decisions of the US Supreme Court on "Texas Processes" to appeal against the practice of "white-only primaries" and verification of state law for compliance with Amendment 15 to the US Constitution will be considered. The article will also consider the question of what risks exist in the obligation of parties to hold primaries. Considering the experience of foreign countries, the author will point out those features that should characterize the inner-party elections in Russia. Political parties in Russia cannot be considered as strong and independent institution. So, establishment of mandatory primaries can lead to regress of the party system. Law that may regulate primary elections in Russia should concentrate only on basic principles of this institution. Political parties must be guaranteed the right to decide to hold primaries or not. Voters and candidates should have right to appeal any violation of their rights both in parties’ arbitration body and in the state judicial system. Primaries can be a part of the procedure for nominating candidates by political parties.