Is the deputy's mandate a duty or a privilege?

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

Terminology

Mandate is a borrowed word that came in Russian from French, but has a Latin origin. In ancient Rome, the so-called law of the emperor, which granted special rights to the provinces and approved mandatory legal norms. In modern language, this term has two main semantic loads. First, a mandate is a document that certifies certain powers. For example, after the First World War, mandates were issued for the administration of the colonies. Or a closer example - the right to deputy powers. Secondly, this concept is related to the vacant place that a person must occupy, most often by election. For example, the parliament has 450 seats, that is, deputy seats, which will be occupied by election results.

Elections to the State Duma and allocation of seats in it

In Russia there is a bicameral parliament. Members of the lower house - the State Duma - are elected by universal suffrage every four years. For a long time, a mixed electoral system dominated our country , combining elements of the majority and proportional systems. To date, only the last has remained, that is, the voting takes place according to party lists, in proportion to the number of votes received, the distribution of mandates takes place.

There are different calculation technologies, but in Russia the Hare method is applied. First, the number of all ballots accepted for voting is divided by the number of seats in the Duma. We get the first quotient. Then - mathematics. The number of votes received by a particular party is divided by a private number. The resulting figure is rounded down, and so is calculated the number of representatives of this party who received representation in the Duma. But there will be a balance in the calculations. So, this last place is transferred to the party, whose balance after the comma is the largest. If all of a sudden they are the same, the deputy seat passes to the party, which has an integer number, that is, more votes.

Types of mandates

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

Now in Russia there is a free mandate, which does not bind the deputy with obligations directly to the voters. The deputy at the meetings with the electorate, of course, accepts the wishes, but they do not impose any legal responsibility on him.

Powers of the deputy

So, passing to the State Duma, the representatives of the party get a deputy mandate giving them special powers, but also imposes obligations on them. First, the people's choice should not engage in commercial activities, its main income is the salary of a deputy. He must attend parliamentary meetings, participate in the activities of committees and commissions. The parliamentarian has the opportunity to come up with proposals for bills, visit authorities without hindrance, make deputy requests, which will be answered within a month.

For the entire term of office, the parliamentarian has personal immunity. He can not be arrested, without good reason (for example, detained at the crime scene), to conduct personal searches, search the car or apartment. These measures are taken to protect against possible pressure in the performance of their duties. But it happens that our representatives use this for personal gain. Another important point is the exemption from the obligation to give testimony in connection with the performance of their competencies.

Deprivation of deputy authority

The law establishes the reasons why a parliamentarian may lose his mandate. This, firstly, involvement in entrepreneurial activities, such as own business, participation in the management of a commercial organization. Secondly, the conviction of a crime proved by means of court.

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