Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)
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Language: 
Russian
Heading: 
Law
Article type: 
Article
UDC: 
342.81
DOI: 
10.18500/1994-2540-2020-20-3-346-353

The Principle of Universality and the Reasonableness of Limiting Passive Suffrage

Autors: 
Kuznetsova Olga V., Stolypin Volga Region Institute of Administration of the Russian Presidential Academy of National Economy and Public Administration
Abstract: 

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.

Key words: 
principle of universal suffrage
electoral qualifications
restrictions on electoral rights
passive suffrage
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Received: 
08.06.2020
Accepted: 
28.07.2020
Available online: 
31.08.2020