Система ограничений пассивного избирательного права при выборах в органы и на должности местного самоуправления в современной России и в мире

Open Access

Abstract

In the article there have been studied the restrictions on the passive elective rights (voting qualifications) existing in modern Russia and in a number of other countries. The current positions of the analysts of the subject area have been cited. The common and special voting qualifications have been singled out. The under cover voting qualifications, not determined by the current legislation, have been stated in details and sorted in a specific group as forming almost insuperable obstacle in the way of realization of the right to be elected in the authorities of local government. There have been studied the international regulations, federal and regional elective legislation, concerning the current restrictions on the passive elective rights both in Russia and in European Union, in a number of countries of the near abroad. The author, when studying the possibility to acquire the legal elective personality, levels criticism against the position, being represented in the scientific literature, that a subject of the passive elective rights undoubtedly has the active elective rights, and comes to the conclusion, that a subject of the active elective rights only becomes a subject of the passive elective rights under certain conditions, as well as a subject of the passive elective rights can become a subject of the active elective rights under a set of conditions (restrictions), determined by the elective law. On the basis of the conducted studies, there have been found out the shortcomings and defects of the current elective legislation in the field of establishment and application of the restrictions of the passive elective rights at the municipal level of Russia, as well as the reasonability and efficiency of their application. There has been marked the absence of detailed regulations, at the international level, of participation at the municipal elections of Foreign citizens from the countries, which had signed with Russia the correspondent international agreements.