Suchergebnisse

In the article the federal and regional elective law have been studied concerning settlement of institution expert examination on check-up of the electors'signatures as one of the reasons for registration of a candidate, a list of candidates. On the basis of the author's empirical experience, the disadvantages and lacks of the existing elective legislation have been found out. There has been revealed absence of the notion of «written expert's statements and «sheet of check-up of subscription lists» as fixed in the elective laws. Attention has been paid to the need of detailed regulation of the procedure of check-up of the electors' signatures, establishment of requirements and criteria, that an expert's statement must meets, mandatory warning of the expert upon criminal liability for providing a false statement on studying the electors' signatures. In practice, the absence in the laws of the indicated dispositions causes ungrounded rejections of registration of a candidate, a list of candidates. The author's suggestions aim to protect the candidates 'passive elective right on the elections in local governmental positions.

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.

In the article a detailed analysis has been made upon the current elective legislation, legislation on mass media and obligatory exemplar of documents. On the basis of the author's empirical experience, confirmed with the cited concrete court's decision, there have been marked out and substantiated important legal acts of a person, who expresses desire to be nominated, including correct determination of a law to be applied at specific elections. There has also been singled out an important value of correct publication of the decision upon setting elections to assure realization of the candidates' rights to get reliable and official information on nomination of a candidate. In this connection the author proposes specific measures to improve the legislative regulation of mass media activity. The author offers a full-scaled classification of the subjects of the passive elective law on elections to the local governmental authorities. In the article a trend has been displayed to modify the current elective legislation for imposing any party ideology at the municipal level. In this connection the author considers necessary to get back to the earlier fixed regulation of the Federal Law «Upon basic guaran-tees.», which lets the public organizations to nominate to the local governmental authorities the candidates, forming a single list.