ограничения избирательных прав

The Principle of Universality and the Reasonableness of Limiting Passive Suffrage

Introduction. The principle of universality is put forward in the first place among the principles of suffrage, and means the provision by the state of the majority of its citizens with the right to participate in the formation of public authorities. However, universality is not absolute and involves certain exceptions in the form of conditions for the realization of the right to be elected and requirements for candidates for deputies and for an elected post. The purpose of this study is to determine whether the principle of universality of passive suffrage is ensured in Russia, and also to analyze the reasonableness and validity of introduced electoral qualifications. Theoretical analysis. Establishing requirements for candidates and the conditions for their exercise of the right to be elected are, in fact, limitations of passive suffrage. The purpose of any restrictions on human and civil rights can only be to prevent the onset of harmful consequences for society and individuals. Empirical analysis. The practice of Russian elections has shown that the legislative conditions for granting the right to be elected can change with enviable regularity, while they do not always meet constitutional provisions and international election standards. This is indicated by the judicial practice cited in the work, analytical materials posted on the website of the Central Election Commission of the Russian Federation and in the media. A special role of the Constitutional Court of the Russian Federation in protecting the electoral rights is noted. It has repeatedly recognized the provisions of the Law on Elections as unconstitutional in case of unjustified discrimination of the electoral rights of Russian citizens. Results. The study showed that electoral qualifications in the Russian Federation are generally generally accepted exemptions from universal suffrage, and comply with the standards of democratic elections. The author concludes that the restrictions on passive suffrage introduced in the last decade are aimed at protecting constitutionally protected values, are reasonable and justified. The proposal to include the latter in the text of the Constitution of the Russian Federation is aimed at ensuring stable democratic development of Russia. At the same time, it is supposed to be more expedient to include election qualifications in article 32 of the Constitution of the Russian Federation.

Constitutional Regulation of Restriction of Electoral Rights of Citizens of the Russian Federation

Introduction. Elections are one of the basic values of democracy; they provide citizens with the opportunity to participate in the administration of state affairs. Theoretical analysis. The Constitution of Russia of 1993 in article 32 enshrines the electoral rights of Russian citizens – the right to elect (active suffrage) and the right to be elected (passive electoral right) to state and local government bodies. In the same article, the Constitution of the Russian Federation establishes restrictions on the electoral rights of Russian citizens. Empirical analysis. The Constitution of Russia, firstly, establishes uniform restrictions for active and passive electoral rights (citizens who are recognized as incompetent by a court and who are imprisoned by a court sentence do not have the right to elect and be elected); secondly, it provides for restrictions only on passive suffrage (age limit, permanent residence requirement, prohibition to run for the third time in a row - for a candidate for the President of the Russian Federation; age limit - for a candidate for deputy of the State Duma); thirdly, it establishes the general conditions for the restriction of all rights and freedoms of a person and citizen, in accordance with which federal laws establish additional restrictions on electoral rights. Results. It is concluded that: 1) the 1993 Constitution of the Russian Federation itself restricts the active electoral right and the passive electoral right of Russian citizens; 2) on the basis of part 3 of article 55, federal laws establish a wide range of additional (with respect to the constitutional) restrictions on voting rights.