Electoral qualifications and restrictions on passive suffrage in Russian elections

 
PIIS0012400-0-1
DOI10.31857/S102694520012400-1
Publication type Article
Status Approved
Authors
Occupation: head of the Department of constitutional, administrative and municipal law of the SFU law Institute, doctor of law, associate Professor
Affiliation: Siberian Federal University, Law Institute
Address: Russian Federation,
Abstract

The article is devoted to the study of the constitutional and legal institution of electoral qualifications and restrictions on the passive electoral right of citizens. The paper substantiates the distinction between electoral qualifications and restrictions on electoral rights: the qualification acts as a condition established by legal norms for allowing a citizen to exercise electoral rights, and restrictions on electoral rights manifest themselves as a narrowing of specific legal opportunities for citizens to exercise passive electoral rights, in the form of establishing a set of certain additional legal actions for participation in elections. Various types of electoral qualifications known in Russia and foreign countries are analyzed, and their author's classification is given. The article criticizes the approach of the Russian legislator to introduce a variety of legislative qualifications, as well as the positions of the constitutional Court of Russia, which justifies the constant expansion of the list of passive suffrage qualifications. Two of the most well-known restrictions on passive suffrage in Russia (the subscription filter and the municipal filter) are also considered, and specific proposals are proposed for modernizing these restrictions on passive suffrage based on European and Russian experience.

Keywordselectoral law, electoral system, electoral process, electoral qualifications, restrictions on electoral rights, subscription barrier, municipal filter.
Acknowledgmentauthors ' funds
Received05.03.2021
Number of characters62290
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