For citation:
Podmarev A. А. Constitutional Regulation of Restriction of Electoral Rights of Citizens of the Russian Federation. Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 2, pp. 210-215. DOI: 10.18500/1994-2540-2019-19-2-210-215
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.
- The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended of 30.12.2008 no. 6-FKZ, of 30.12.2008 no. 7-FKZ, of 05.02.2014 no. 2-FKZ, of 21.07.2014 no. 11-FKZ). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398 (in Russian).
- On the case about the verifi cation of constitutionality of Part 2 of Article 40, Parts 10 and 11 of Article 42 of the Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation”, paragraphs 2 and 3 of Part 1 of Article 128 and Part 10 of Article 239 of the Code of Administrative Judicial Procedure of the Russian Federation citizens I. L. Trunova and M. V. Yurevich. Resolution of the Constitutional Court of the Russian Federation of April 13, 2017 no. 11-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2017, no. 17, art. 2655 (in Russian).
- On the case of checking the constitutionality of a number of provisions of paragraphs 17 and 18 of Article 71 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” and parts 3 and 4 of Article 89 of the Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” connection with the complaint of citizen N. V. Goncharova. Resolution of the Constitutional Court of the Russian Federation of December 16, 2014 no. 33-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 52, art. 7785 (pt. I) (in Russian).
- In the case of resolving the issue of the possibility of pursuing, in accordance with the Constitution of the Russian Federation, the decision of the European Court of Human Rights of July 4, 2013 in the case of “Anchugov and Gladkov v. Russia” in connection with a request from the Ministry of Justice of the Russian Federation: Resolution of the Constitutional Court of the Russian Federation of April 19, 2016 no. 12-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2016, no. 17, art. 2480 (in Russian).
- In the case of verification of the constitutionality of subparagraph “a” of clause 3.2 of Article 4 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, part one of Article 10 and part six of Article 86 of the Criminal Code of the Russian Federation in connection with complaints of citizens G. B. Egorova, A. L. Kazakova, I. Yu. Kravtsova, A. V. Kupriyanov, A. S. Latypova and V. Yu. Sinkova. Resolution of the Constitutional Court of the Russian Federation of October 10, 2013 no. 20-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2013, no. 43, art. 5622 (in Russian).
- On the case of verifi cation of the constitutionality of clause 32 of Article 38 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation”, subparagraph “k” of clause 2 of Article 21 of the Federal Law “On political parties”, the part 3 of Artikle 30 of Law of the Krasnodar Territory “On the election of deputies of the Legislative Assembly of the Krasnodar Territory” and the part 1 of Article 259 of the Civil Procedure Code of the Russian Federation in connection with the complaint of citizen V. Z. Izmaylova. Resolution of the Constitutional Court of the Russian Federation Krasnodar Territory of November 9, 2009 no. 16-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2009, no. 47, art. 5709 (in Russian).
- On the main guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation. Federal Law of June 12, 2002 no. 67-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 24, art. 2253 (in Russian).
- On refusal to accept for consideration of the complaint of a citizen of Kara-Murza Vladimir Vladimirovich on violation of his constitutional rights by the provision of clause 3.1 of Article 4 of the Federal Law “On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”. Definition of the Constitutional Court of the Russian Federation of December 4, 2007 no. 797-ОО. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2007, no. 52, art. 6533 (in Russian).