Deputy mandate - are these duties or privileges?

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:45

Representative democracy exists thanks to the delegation of powers from the population to deputies, who, in theory, are called upon to protect their interests. Receiving these powers and the mandate of a deputy, our representatives at the same time acquire special rights, duties and even privileges.

Terminology

Mandate is a borrowed word that came into Russian from French, but is of Latin origin. In ancient Rome, this was the name of the law of the emperor, which granted special rights to the provinces and approved binding legal norms. In modern language, this term has two main semantic loads. First, a mandate is a document certifying certain powers. For example, after the First World War, mandates were issued to govern the colonies. Or a closer example to us - the right to deputy powers. Secondly, this concept is associated with a vacant seat that a person must fill, most often by election. For example, 450 mandates are presented to the parliament, that is, deputy seats that will be occupied by the results of the elections.

Elections to the State Duma and distribution of seats in it

Russia has a bicameral parliament. Members of the lower house - the State Duma - are elected by popular vote once every four years. For a long time, a mixed electoral system dominated in our country, combining elements of the majoritarian and proportional systems. At the moment, only the last one remains, that is, voting takes place according to party lists, in proportion to the number of votes received, mandates are distributed.

There are different calculation technologies, but in Russia the Hare method is used. First, the number of all ballots accepted for voting is divided by the number of seats in the Duma. We get the first private number. Then - mathematics. The number of votes received by a certain party is divided by a private number. The resulting figure is rounded down, and this is how the number of representatives of this party who have received representation in the Duma is calculated. But there will definitely be a balance in the calculations. So, this last place is transferred to the party, which has the largest remainder after the decimal point. If suddenly they are the same, the deputy seat goes to the party that has a larger integer, that is, more votes.

Types of mandates

In the Soviet Union there was a so-called imperative mandate. This meant that in his activities the representative of the people relied on the order from the voters and had to fulfill it. If he did not live up to expectations, the electorate could recall him and deprive him of his powers.

Now Russia has a free mandate, whichdoes not bind the deputy with obligations directly to voters. The deputy at meetings with the electorate, of course, accepts wishes, but they no longer impose any legal responsibility on him.

Powers of a deputy

So, going to the State Duma, the representatives of the party receive a deputy mandate, giving them special powers, but also imposing obligations on them. Firstly, the people's choice should not be engaged in commercial activities, his main income is the deputy's salary. He is obliged to attend parliamentary meetings, participate in the activities of committees and commissions. The parliamentarian has the opportunity to make proposals for bills, visit authorities without hindrance, make deputy requests, to which he will receive a response within a month.

For the entire term of office, the parliamentarian has personal immunity. They cannot arrest him without good reasons (for example, he was detained at the scene of a crime), conduct a personal search, search a car or apartment. These measures are taken to provide protection from possible pressure in the performance of their duties. But it happens that our representatives use it for personal gain. Another important point is the release from the obligation to testify in connection with the fulfillment of one's competences.

Deprivation of parliamentary powers

The law establishes the reasons why a parliamentarian may lose his mandate. This is,firstly, involvement in entrepreneurial activities, such as own business, participation in the management of a commercial organization. Second, a criminal conviction proven through a court.

Currently, changes in the law on the status of a deputy are being actively discussed, which relate to a number of reasons for the termination of deputy activity. These include undeclared income, bank accounts abroad and the acquisition of property whose value exceeds the income declared by the deputy. This list is proposed to apply to both deputies and officials. At the same time, an important addition is the declaration of income of the next of kin.