Фадеев В.И. Депутатский мандат: понятие, принципы и виды

Аннотация: The article points out that the nature and the political and normative essence the deputy mandate define the Member of Parliament legal status, character and forms of relations with voters. Occurrence of the representative system was based on recognition of the deputy mandate imperativeness, with the deputy being the Charge d’Affaires of the voters and bounded by their orders and instructions. The deputy mandate evolution resulted in the modern democratic states with the principle of free deputy mandate lodgment recognizing the deputy as the representative of all people, to be guided by its conscience and not to be bounded by any assignments and directions. At the same time, the modern practice of national representation testifies that the deputy freedom in many aspects is an illusion: frequently it is directly dependent on the nominating parties or under which slate it was elected, and on other forces, as a rule, hidden from public control lobbying their interests in the parliament. Therefore the free deputy mandate concept in many aspects today lost the original meaning when opposing to the imperative mandate. New political conditions, in which today the parliamentary institutions operate and the deputies work, cause the new peculiarities of the deputy mandate expressly exposed in the deputy mandate evolution analysis and which should be considered during the settlement of the deputy status legal regulation issues. Further the article reveals the deputy mandate concept, lists its constitution and normative principles, highlights and analyzes it separate types. The representative (nation-wide) mandate is particularly relieved. The author comes to a conclusion that the idea of the representative deputy mandate is rather viable, it must be considered defining the status and functions of a nation-wide representation: the deputies, the parliament as a whole must realize the responsibility to the voters for the failure to carry out the programs supported by the people during the parliamentary elections; the electoral programs amendments must be clear to the voters; these changes must be communicated to them with necessary comments and explanations. For this purpose the law shall provide various forms of deputy-voter relations. Communication of the deputies with their voters must be maintained through various organizational legal forms; the public opinion and the voter estimation of the deputy and the entire parliament work must be considered by the Members of the Parliament, and this estimation must be pronounced by the voters not only during the scheduled elections but during the parliament work, through the civil society institutions system. The recently formed Public Chamber could take on the job of the body that forms such public opinion on the basis of mutual relations with numerous public structures functioning in this country, and expressing it in its annual reports.

Abstract: The article points out that the nature and the political and normative essence the deputy mandate define the Member of Parliament legal status, character and forms of relations with voters. Occurrence of the representative system was based on recognition of the deputy mandate imperativeness, with the deputy being the Charge d’Affaires of the voters and bounded by their orders and instructions. The deputy mandate evolution resulted in the modern democratic states with the principle of free deputy mandate lodgment recognizing the deputy as the representative of all people, to be guided by its conscience and not to be bounded by any assignments and directions. At the same time, the modern practice of national representation testifies that the deputy freedom in many aspects is an illusion: frequently it is directly dependent on the nominating parties or under which slate it was elected, and on other forces, as a rule, hidden from public control lobbying their interests in the parliament. Therefore the free deputy mandate concept in many aspects today lost the original meaning when opposing to the imperative mandate. New political conditions, in which today the parliamentary institutions operate and the deputies work, cause the new peculiarities of the deputy mandate expressly exposed in the deputy mandate evolution analysis and which should be considered during the settlement of the deputy status legal regulation issues. Further the article reveals the deputy mandate concept, lists its constitution and normative principles, highlights and analyzes it separate types. The representative (nation-wide) mandate is particularly relieved. The author comes to a conclusion that the idea of the representative deputy mandate is rather viable, it must be considered defining the status and functions of a nation-wide representation: the deputies, the parliament as a whole must realize the responsibility to the voters for the failure to carry out the programs supported by the people during the parliamentary elections; the electoral programs amendments must be clear to the voters; these changes must be communicated to them with necessary comments and explanations. For this purpose the law shall provide various forms of deputy-voter relations. Communication of the deputies with their voters must be maintained through various organizational legal forms; the public opinion and the voter estimation of the deputy and the entire parliament work must be considered by the Members of the Parliament, and this estimation must be pronounced by the voters not only during the scheduled elections but during the parliament work, through the civil society institutions system. The recently formed Public Chamber could take on the job of the body that forms such public opinion on the basis of mutual relations with numerous public structures functioning in this country, and expressing it in its annual reports.