Между правом и забвением: конституционные стандарты дистанционного электронного голосования

Электоральная политика. 2024. № 1 (11). С. 1–1.

Брикульский И. А.

The author explores the issue of legal regulation of remote e-voting (REV) from the point of view of compliance with the principle of the rule of law, as well as the constitutional principles of free elections. The analysis of this material is limited exclusively to the legal framework of the REV. According to the author, a potential discussion about REV is impossible without an analysis of the constitutional and legal aspect, the absence of which makes such disputes meaningless. To assess the compliance of the REVwith the above principles, it is proposed to use two author's tests: a test for compliance with the standards of the legal law and a test for compliance with the constitutional principles of free elections. To develop the first test, the author turns to the theory of law as a measure of freedom and justice, the practice of the Constitutional Court of the Russian Federation, the ECHR, as well as the Venice Commission, systematizes the requirements for the law as a result of the activities of parliament and suitable for evaluating the REV and electoral legislation. To develop the second test, the author refers to the basic principles of the organization of elections, to their constitutional principles, and conducts a test for compliance with the specified principles of the current legislation on REV.

Keywords: выборы, конституция, закон, elections, верховенство права, Constitution, rule of law, online voting, онлайн-голосование, E-voting, дистанционное электронное голосование