Институт экспертизы в избирательном праве: практический аспект

Open Access

Abstract

In the article the federal and regional elective law have been studied concerning settlement of institution expert examination on check-up of the electors'signatures as one of the reasons for registration of a candidate, a list of candidates. On the basis of the author's empirical experience, the disadvantages and lacks of the existing elective legislation have been found out. There has been revealed absence of the notion of «written expert's statements and «sheet of check-up of subscription lists» as fixed in the elective laws. Attention has been paid to the need of detailed regulation of the procedure of check-up of the electors' signatures, establishment of requirements and criteria, that an expert's statement must meets, mandatory warning of the expert upon criminal liability for providing a false statement on studying the electors' signatures. In practice, the absence in the laws of the indicated dispositions causes ungrounded rejections of registration of a candidate, a list of candidates. The author's suggestions aim to protect the candidates 'passive elective right on the elections in local governmental positions.