Revocation of deputies and elected officials in modern Russian constitutional and legal conditions

Abstract

The article is devoted to the current legal regulation of the revocation of deputies and elected officials by voters. At the post-Soviet stage of the Russian constitutional and legal development, there was a rejection of the idea of a mandatory mandate in favor of a free one. At the same time, this has not led to the complete disappearance of the system of the law of institutions of orders, revocation and reporting of elected officials. However, in the changed political and legal context they have acquired a different content. First of all, it concerns the institute of revocation. The latter was significantly reformatted (largely under the influence of the legal positions of the Constitutional Court of the Russian Federation), as the preservation of its former content was poorly correlated with the new constitutional reality. In relation to this, this article analyzes the current legislation and legal positions of the courts, revealing certain aspects of the legal regulation of revocation in Russia at the present stage (scope, legal grounds for revocation, requirements for the number of votes required to recognize the revocation as valid). The issues of the political and legal nature of revocation in Russia at the current moment and legal obstacles to the implementation of this tool in practice are also considered. As a result of research the author came to the conclusion that to give the revocation the real constitutional and legal values identified with the preservation of the Constitutional Court of the Russian Federation of its legal nature, a clear distinction of the subject of legal assessment of revoked entity acts (the court) and the subject entitled to implement the consequences of the assessment decision (the electorate) is necessary. This is possible by changing the approach to the range of grounds for revocation (their limitation), which will reduce the requirements for the majority of voters required for revocation.