The deputy's imperative mandate - what is it? The Importance of an Imperative Mandate

Before proceeding to consider the classification of existing mandates, it is necessary to find out what the term implies. So, this definition is a diplomatic document that is responsible for certifying the legal grounds for legal representation.

Current Practice

Modern science of the political life of society often operates with the notion of a deputy mandate. It is a certain documentation, which describes the legitimacy of the actions of a particular representative of a chosen type of authority. In addition, the certificate in question limits the scope and scope of powers that a deputy of an institution has, as well as the rights and obligations of the person in question. In addition, the deputy mandate includes a description of the totality of public functions vested in a representative of parliament or another authority. It should be remembered that all the above powers and duties are entrusted to the person in question by the constitution and various legal acts. The conditions of a modern state with a democratic system of administration prescribe the following list of functions: deputy immunity; The right to receive a salary for the implementation of a certain type of activity (so-called indemnity).

Classification

In addition to all the above, it should be noted that the mandate is necessary to determine the form and quality of the relationship between the deputy and his voters. Most modern democratic states use the so-called nationwide principle. This makes it possible to represent the deputy in question as a representative of the whole country as a whole, and not of any specific region or electoral district. Thus, at present the following classification has developed. There are imperative and free mandates. Let us consider these two categories in more detail.

Imperative Mandate

Let's start in order. First of all, it is necessary to find out what an imperative mandate is. This term implies a description of the set of restrictions that are imposed on the actions of a particular official on the basis of certain conditions. In the event that these restrictions are violated, the constitution and regulatory legal acts prescribe penalties. For example, withdrawal of authority from the deputy in question. An imperative mandate can determine the following restrictions. For example, bans on getting out of the existing faction, in which he was elected according to the party definition lists, and so on. The imperative mandate is characterized by a certain procedure for recalling an official who does not adhere to the requirements set forth. Based on all of the above, it is possible to draw certain conclusions. One of them will be the following: the imperative mandate of a deputy means that the representative of any given authority is limited by the punishments of his voters, and also bears full responsibility to them for all the acts committed. At the same time, one should take into account the fact that current legislation indicates the probability of removing from the deputy the powers conferred on him if he does not cope with them or if the official in question does not justify the expectations and trust of his followers.

Scope of application

The imperial mandate is used in most socialist countries. As a rule, states characterized by a liberal democratic system refused to introduce such a form of government. This became necessary due to the fact that a large number of contradictions with legal norms arose as well as with the principles of national representation. Thus, it can be considered that the imperative mandate is in most cases the prerogative of the countries of the post-Soviet space. Nevertheless, in each rule there is some exception. In this case, it is necessary to single out one of the chambers of the previous parliament of the Federal Republic of Germany. It was called "Bundesrat" and was formed not by voters, but by the direct government of the region. Consequently, the duties of the deputy of this chamber included requirements for the introduction of instructions received from the government in those days.

Free mandate

Democratic states assume the activities of deputies on a professional basis. Consequently, in many countries the officials in question have a free mandate. This form, in turn, presupposes the presence of some significant differences. For example, the mandatory mandate of a deputy means the relationship of a specific official and voter. Free - on the contrary. Despite the fact that the representative is the face of the whole nation, there are no restrictions imposed according to the will of his voters. In other words, a deputy should not carry out any orders coming from his followers. Another difference is that with a free mandate, voters do not have the right to remove a representative from his office and remove any authority from him. Nevertheless, such a structure does not give the deputy absolute freedom of action. The representative of the people must take into account the opinions and wishes of their constituents, and also be subordinate to the party or faction in which they belong, to follow its principles and discipline.

The Complete Opposites

If we consider both of the above categories in the aggregate, then we can easily conclude that each of them has some characteristics and criteria that are polar in the general comparison. For example, an imperative mandate is to exercise absolute control over the activities of an official by voters. The deputy is not only obliged to listen to their opinion, but also to provide periodic reports. The imperative mandate means the representative's dependence on the people. In turn, the free form implies the relative freedom of the deputy. This allows him to somewhat expand the range of his powers.

Forms of activity

Regardless of the category of the deputy mandate, there are a number of actions that are carried out by party representatives. As a rule, these are activities in the districts (solving voters' problems and meeting with them), working in committees and commissions of the parliament, active participation in the life of the faction, and much more.