A CONCEPT AND TYPES OF PROCEDURAL GUARANTEES OF ENSURING THE RELIABILITY OF THE PEOPLE’S WILL IN VOTING

The practice of applying the rules fixed in the CAP of the RF on rendering assistance to the parties and on sharing the burden of proof in cases of distortion of the people’s will during voting is considered. Precepts (previously fixed in the CCP RF, and now in the CAS RF), which limit the voter’s ability to present evidence in cases of distortion of the people’s will, are critically assessed. The author gives a definition, reveals signs and proposes types of procedural guarantees to ensure the reliability of the people’s will in voting. These guarantees should first of all be directed at an independent, not limited by formal requirements, initiation by a citizen of a claim against the state; independent extraction by a citizen of evidence, which, without any limitations, are subjected to investigation in court; provision of the assistance by the court in obtaining evidence for the citizen’s side; prevention of the court from blocking the actions of a citizen when proving the circumstances of the case; coercion of the state party to the prompt disclosure of evidence held by it; stimulation of the fulfillment of procedural obligations of the party in judicial proceedings; increasing the degree of independence of the court.