Constitutional and legal challenges of electoral digitalization: remote electronic voting in the focus of law

Introduction. In the context of the digital transformation of public power, the field of exercising electoral rights is acquiring a new legal dimension that requires a constitutional and legal rethink. Remote electronic voting is becoming a legal form of exercising active suffrage, while its legal nature and permissibility should be assessed in terms of compliance with basic constitutional principles. The expansion of digital mechanisms for the expression of citizens' will entails the need for strict regulatory enforcement of guarantees of freedom, equality and secrecy of voting.

Purpose. Constitutional and legal analysis of remote electronic voting as a form of implementation of active suffrage in the context of a large-scale digital transformation of public power.

Materials and methods. The object of the study is the legal consequences of the introduction of electronic forms of expression of will, as well as their compliance with the fundamental principles of the democratic electoral process. The main sources used are the normative legal acts of the Russian Federation, the legal positions of the Constitutional Court of the Russian Federation, foreign judicial practice (in particular, the precedent of the BVerfG in 2009), as well as the scientific works of domestic and foreign researchers devoted to the digitalization of public power and electoral procedures. The methodological basis consists of comparative legal, formal legal, logical-systemic and institutional methods.

Results. During the analysis of the stated topic, it was found that the current legislation in the field of remote electronic voting is fragmented, does not provide a sufficient level of legal protection of citizens, certainty, transparency and procedural guarantees. The article substantiates the need for a comprehensive legal and organizational modernization of electoral legislation in order to harmonize innovative technologies with fundamental constitutional principles. Remote electronic voting is considered as an important and necessary, but risky instrument of electoral modernization, the implementation of which requires institutional consistency, regulatory clarity and a high level of digital reliability.

Conclusions. In the context of the digital transformation of public power, remote electronic voting is not only a technological innovation, but also an institutional challenge that requires a systematic constitutional and legal understanding. Further development of the institution of electronic voting should be based on the constitutional model of elections, focused on ensuring public trust, legal predictability and legal responsibility. The conceptual approach to digitalization of elections requires the coordination of technological solutions with fundamental constitutional principles, which implies not a ban, but the normative integration of innovations into the framework of the rule of law.

1. Petrova S. V. Political processes in the Russian Federation in the context of global digitalization // State and municipal administration. State and Municipal Management. Scholar Notes. 2019;(4):173-176. (In Russ.). https://doi.org/10.22394/2079-1690-2019-1-4-173-176

2. Petrova S. V., Sidorova A. V. The system of remote electronic voting in the Russian Federation and ways to improve electronic democracy. State and Municipal Management. Scholar Notes. 2022;(1):192-196. (In Russ.). https://doi.org/10.22394/2079-1690-2022-1-1-192-196

3. Filippov A. Jacob Taubes: towards political theology. In: Taubes Ya. Coupling the extreme. Moscow: Ad Marginem; 2021. (In Russ.)

4. Ilyicheva M. V. Transformation of interaction between the state and civil society in digital reality. Proceedings of Tula State University. Series: Humanities. 2020;(4):28–37. (In Russ.)

5. Yastrebov O. A. Artificial intelligence in the legal space. Bulletin of the RUDN University. Series: Legal Sciences. 2018;(3):315–328.

6. Stepanyan S. A. Constitutional and legal regulation of technological innovations in the electoral process of the Russian Federation and their impact on human rights. In: Sustainable development of Russia: a legal dimension: collection of reports of the X Moscow Legal Forum. At 3 a.m., 2023;304–306.

7. Stepanyan S. A. Digitalization of electoral procedures and ensuring citizens' trust in the electoral process. Electoral legislation and practice. 2024;(2):36–38. (In Russ.)

8. Larichev A. A., Rzhanovsky V. A. Development of remote electronic voting in Russia: constitutional and legal aspect. Journal of Russian Law. 2022;26(9):35–52. (In Russ.)

9. Kolyushin E. I. Legal problems of remote electronic voting of voters. Constitutional and municipal law. 2020;(2):25–30. (In Russ.)

10. Borisov Ya. E., Afanasova M. A. Constitutional and legal protection of the electoral rights of Russian citizens using electronic technologies. Proceedings of the Orenburg Institute (branch) Moscow State Law Academy. 2024;4(62):3–10. (In Russ.)

11. Brikulskiy I.A. Between law and oblivion: constitutional standards of remote electronic voting. Electoral politics. 2024;1(11):1. (In Russ.)

12. Martyushov Ya. V. Remote voting as a means of digital democracy. In: Traditions and innovations in the system of modern Russian law: proceedings of the International Congress of Young Scientists. In 3 volumes, Moscow, 2024;(1):165-167. (In Russ.)

13. Ebzeev B. S. Constitutional law of Russia: textbook. Moscow: Prospekt; 2019. 768 p. (In Russ.)

14. Lopatin A. I. National sovereignty and electoral rights of citizens: a monograph. Moscow: Prospect; 2024. 280 p. (In Russ.)

15. Radbruch G. Philosophy of law. Translated from German by Yu.M. Yumashev. 2nd ed. Moscow: International Relations; 2023. 240 p. (In Russ.)

16. Bundesverfassungsgericht. Judgment of 3 March 2009 – 2 BvC 3/07, 2 BvC 4/07 [Electronic resource]. Available from: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2009/03/cs20090303_2bvc000307en.html.

17. Hayek F. A. Law, legislation and freedom: A modern understanding of liberal principles of justice and politics. Translated from English by B. Pinsker and A. Kustarev; edited by A. Kuryaev. Moscow: IRISEN; 2006. 644 p. (In Russ.)

18. Yunusova A. A. Advantages of the Institute of Electoral Law of modern Russia. In: Constitution of the Russian Federation: 30 years since its adoption: collection of materials of the All-Russian scientific and practical conference. Perm, 2023:316-322. (In Russ.)