47. ELECTORAL RIGHT: CONCEPT, STRUCTURE, NORMATIVE BASE

Suffrage (in the subjective, narrow sense of the word) - the constitutional right of citizens to elect and be elected to elected bodies, state and municipal authorities and the right to participate in a referendum.

Suffrage (in the objective, broad sense of the word) - a set of legal norms governing the entire range of electoral processes in the Russian Federation, including the electoral rights of citizens.

Suffrage in the narrow sense of the word includes:

1) passive suffrage of citizens of the Russian Federation (the right to be elected to state and municipal authorities);

2) active suffrage of citizens of the Russian Federation (the right to elect to elected bodies of power).

Active suffrage belongs to every citizen of the Russian Federation who has reached the age of 18, but subject to the restrictions established by federal laws. Citizens of the Russian Federation cannot vote:

1) recognized as incompetent (limitedly capable) by a court decision that has entered into legal force;

2) in respect of whom a court sentence has entered into legal force for committing a crime for which the punishment is imprisonment.

Passive suffrage belongs to citizens from the moment they reach the age established by federal laws for holding a certain position. This right is limited in the presence of circumstances in which it is not allowed to occupy a certain position. These circumstances must be specified in federal laws.

A citizen of the Russian Federation cannot be elected to state and municipal authorities:

1) holding a public position at the time of elections, the duties of which are incompatible with the elective position;

2) sentenced to imprisonment by a court sentence passed in accordance with the established procedure;

3) recognized by a court verdict that has entered into legal force as incompetent or partially capable. Suffrage as a set of legal norms has system:

1) federal legislation on elections and referendums;

2) legislation on elections and referendums of constituent entities of the Russian Federation.

Elements of the electoral law system of the Russian Federation are distinguished depending on the level of adoption of normative acts.

Normative actsregulating electoral law:

1) Constitution of the Russian Federation of December 12, 1993;

2) federal laws (Federal Law of June 12, 2002 No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” (as amended on September 27, December 24, 2002, June 23, July 4 , December 23, 2003), Federal Law dated December 20, 2002 No. 175-FZ “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation” (as amended on December 20, 2002, June 23, 2003), Federal Law dated 26 November 1996 No. 138-FZ "On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies" (as amended on June 22, 1998), Federal Law of August 5, 2000 No. 113-FZ "On the procedure formation of the Federation Council of the Federal Assembly of the Russian Federation", Federal Law of January 10, 2003 No. 19-FZ "On the elections of the President of the Russian Federation", etc.);

3) constitutions (charters) of the constituent entities of the Russian Federation;

4) laws of the constituent entities of the Russian Federation;

5) charters of municipalities.

Author: Kakovkina Ye.N.

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