Конституционное (государственное) право Российской Федерации. Политические права граждан РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Политические права граждан РФ (самое важное)

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28. POLITICAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION

Political rights and freedoms of citizens of the Russian Federation - the norms of the possible behavior of citizens of the Russian Federation in the field of managing the affairs of the state, enshrined in the Constitution of the Russian Federation and other federal laws.

The political rights and freedoms of citizens of the Russian Federation are connected with the right of citizens to participate in the management of state affairs directly or through their representatives, which ensures the democratic regime of the Russian Federation.

Constitutional political rights and freedoms belong exclusively to citizens of the Russian Federation, i.e. they are civil. Therefore, the following evidence political rights and freedoms:

1) political rights and freedoms arise in a person from the moment he acquires Russian citizenship in the prescribed manner, or, if a person acquired Russian citizenship by birth, from the moment he reaches adulthood (active suffrage) or the age specified by law (passive suffrage) ;

2) political rights belong to every citizen of the Russian Federation in an equal amount, i.e. the right to 1 vote in an election or referendum belongs to 1 citizen;

3) political rights and freedoms are not related to the legal capacity of citizens, but to their legal capacity, i.e. a citizen of the Russian Federation may be limited in his political rights and freedoms, while restrictions on personal ones are allowed in exceptional cases. For example, a person recognized in accordance with the established procedure as partially or completely incompetent does not have the right to elect or be elected;

4) the state ensures the implementation and guarantees compliance with the political rights and freedoms of citizens of the Russian Federation.

Types political rights and freedoms of citizens of the Russian Federation:

1) electoral rights (they are dual in nature: firstly, the right to be elected to bodies of state power and local self-government is a passive electoral right, it arises from the moment a person reaches the age specified by law; secondly, the right to elect representatives to bodies of state power and local self-government and through this manage the affairs of the state - an active electoral right, it arises when a person reaches 18 years of age);

2) the right to participate in a referendum;

3) the right of citizens of the Russian Federation to associate (according to this right, citizens of the Russian Federation unite in trade unions and public associations to protect their interests; citizens exercise this right voluntarily; forcing anyone to join or remain in an association is not allowed);

4) the right of peaceful meetings, organizing rallies and demonstrations, processions and picketing (citizens can use this right only to protect their rights and interests and only in a peaceful manner; armed rallies and meetings of citizens are not allowed);

5) the right to appeal to state bodies and local governments (these appeals can be sent personally or collectively in the form of an application, proposal or complaint).

Political rights and freedoms are guaranteed by the Constitution of the Russian Federation and belong to all citizens of the Russian Federation, regardless of gender, nationality and race, who have reached the age determined by federal laws for the exercise of these rights. No one can be deprived of these rights, except in cases established by federal laws.

Author: Kakovkina Ye.N.

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