The concept and principles of electoral law. Active and passive voting law

As already noted, in Article 32 of the Constitution of the Russian Federation, the right of citizens is guaranteed Russian Federation Election and to be elected to state authorities and local governments. it constitutional law of citizens It is a guaranteed legal opportunity for each citizen to participate in elections as a voter, that is, who vote in elections, as well as run as a candidate for deputies or a candidate for a political position. Enchandent rights enshrined in the Constitution are the main, basic and ensured by the whole specific rights citizensFocused on certain stages of the electoral process (the formation of electoral districts, the formation of election commissions, the compilation of voter lists, nomination and registration of candidates, conducting election campaigning, voting, etc.). The use of these empower citizens allows them to freely implement the constitutional right to elect and be elected. The whole set of specific electoral rights of citizens is disclosed in federal laws, laws of constituent entities of the Russian Federation. The most important of these rights and their guarantees are established in the federal law "On the main guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation".

The contradiction about illiterate voting is delayed from the beginning of the Brazilian Republic, and the fact that illiterate cannot take advantage of the right to vote at the time when he refuses the right of voting, can also be interpreted by some scientists, as a rough humiliation, since since since He approved his active ability to the time when his electoral ability is passive, it is perceived as injustice made to a number of Brazilian citizens who remained at the limit of the electoral process, by introducing the country's higher charter by a group of federal parliamentarians, called the legal representatives of the Brazilian people in the National Congress.

The constitutional authority of the citizens is composed of two rights: active electoral law and passive election law.

Active suffrage citizens means the right to elect state power and elected bodies local governments. It occurs when a citizen of 18 years and the absence of circumstances, excluding in accordance with Part 3 of Article 32 of the Constitution of the Russian Federation, the participation of citizens in elections (incapacity, finding in places of imprisonment by the court sentence). Other restrictions in the implementation of a citizen of active electoral law federal laws do not provide.

And, in the opinion of other researchers, electoral legislation is fair and careful about the aforementioned topic. So why the Brazil Constitution does not legalize the passive electoral ability of illiterate if the voting is universal? Why no one can vote?

To answer these questions, the study penetrated this area, diagnosing the advantages and harm of this limitation of rights. The worst illiterate is political illiterate. He does not listen, does not speak or does not participate in political events. He does not know that the cost of life, the price of beans, fish, flour, rent, shoes and medicine depend on political decisions.

Active polling law is being implemented by voting a citizen in elections in the Russian Federation. The most important prerequisite for the implementation of active election law is the inclusion of a citizen in voter lists.

Indicates the right of citizens of the Russian Federation to be elected to state authorities and the elected bodies of local self-government. The basic conditions for the implementation of passive electoral law are the same as active: citizens recognized by the court decisive, or citizens contained in places of deprivation of liberty, cannot be elected to the state authorities and local governments.

Thus, thanks to such research, a variety of segments representing Brazilian society, mainly students of legal and social sciences, will be subsidized in the struggle for the right of the voter, an illiterate citizen who made a great contribution to the increase in this giant country - because it has a lot of experience and Political, social and economic knowledge, although they recognize that such knowledge is empirical.

In addition to the analysis of the importance of passive ability, the problem of passive electoral incapacity of the illiterate and the consequences of this denial of this right, in addition to discussing possible ways to solve this problem, is also described in addition to analyzing the importance of passive ability.

The history of the development of electoral law is such that the recognition of a citizen as passive and active electoral right was made dependent on a significant amount of various types of centers. These were property, sex, educational, class censes.

Federal Law "On Basic Guarantees of Electoral Rights and Rights of Participation in the Referendum of Citizens of the Russian Federation" found that a citizen of the Russian Federation can elect and be elected regardless of gender, race, nationality, language, origin, property and regulations, place of residence, relationships to religion, belief, belonging to public associations, as well as other circumstances.

Faced with the conceptual hermeneutics of universal election law, the great paradox in relation to the "active electoral potential" and "passive disability of illiterate" is soon understood. The history of voting in Brazil has its origin of January 23, residents of the first village founded in the Portuguese colony - San Vicente - went to the elections to elect the city council through indirect voting, that is, first selected people, six representatives who soon chose officials Municipal Council.

In accordance with the world practice of holding democratic elections, it is generally recognized that for election to some representative bodies and classes of a number of elected posts for candidates, certain increased requirements (centers) associated with the achievement of a certain age, as well as a duration of residence in the relevant territory, can be established. To implement passive election law, the use of age qualities is the most common.

Due to the lack of a national election law, the provisions of the Constitution of Spain were observed, in accordance with which 72 representatives in the Portuguese court are elected. Voters were free men, and in contrast to other cases in Brazilian history, illiterates could also vote. Political parties did not exist, and the vote was not secret.

The colonial and imperial periods were marked by frequent episodes of electoral fraud. One of the factors that mostly contributed to these frauds was a voting by proxy, during which the voter conveyed his right to voice to anyone else. And because there is no voter name, so the votes were calculated the names of the dead, children and residents of other municipalities. The prohibition of the voting by proxy was aimed at deterring the electoral fraud, which at that time was carried out on a large scale.

The Constitution of the Russian Federation and federal laws establish increased age requirements for candidates and some other conditions for the exercise of citizens of passive electoral law. So, according to Article 81 of the Constitution of the Russian Federation, a citizen of the Russian Federation is not 32 years old, which permanently resides at least 10 years in the Russian Federation. In accordance with Article 97 of the Constitution of the Russian Federation, a citizen of the Russian Federation, which reached 21 years, can be elected to the State Duma deputy.

Direct vote for the president and vice president first appeared in the Republican Constitution. Fraud and "termination" of voting were very common, and the owners of economic and political power were manipulated by the results of polls. Gethulio Vargas arranged a coup, because of which President Washington Louis failed. Female presence, more and more noticeable, arrived at the election.

Also in the early 1930s, the voting has become secretive after the establishment of the election tribunal and regional electoral vessels, but these advances continued in just a short time. For the eight years, the Brazilian did not go to the elections once, the National Congress was closed, and the period was marked by political centralism.

Federal Law "On Basic Guarantees of Electoral Rights and the Rights of Participation in the Referendum of the Russian Federation Citizens" (paragraph 8 of Art. 4) provides that the laws of constituent entities of the Russian Federation may establish additional conditions For the realization of a citizen of the Russian Federation of passive electoral lawassociated with the achievement of a citizen of a certain age. At the same time, the established minimum age of the candidate cannot be less than 21 years in elections to the legislative (representative) authority of the state of the constituent entity of the Russian Federation, 30 years - in the elections of the senior official of the subject of the Russian Federation (the head of the senior executive body of the state of the constituent entity of the Russian Federation) and 21 years - in elections to local governments.

After World War II, with the victory of the Allies, there was a large pressure on the return of democracy in the country, which led to the fact that Gethulio Vargas allowed the reorganization of the party and called for elections. Validated ballots were used with the name of only one candidate who were distributed by the parties themselves.

In the polling box, only members of the federal, state and city council were chosen. The regime expelled by President João Gular closed radio and television stations, and censored has become common practice. The National Congress was closed, and several parliamentarians canceled their political rights.

As noted in Chapter 1, the implementation of the passive electoral right of citizens in elections to the state authorities of the constituent entities of the Russian Federation depends on the characteristics of the organization of state power in the subjects of the federation. The speech is primarily about the establishment by the legislation of the subject of the Russian Federation of the limiting number of the timing of the election of the senior official of the subject of the subject of the Federation (head of the senior executive authority of the subject of the Federation) in accordance with the Federal Law "On the General Principles of the Organization of Legislative (Representative) and the executive bodies of state authorities of the constituent entities of the Russian Federation " These restrictions are aimed at the most complete implementation of the principle of democracy, which implies the periodic rotation of the heads of government bodies.

In election campaign, only photographs of candidates and the voice of a speaker announced by training program. A year later, the government extends two-party. Ulysses Himarains was one of the main leaders of the campaign and became one of the greatest opponents of the military regime, called the Lord of Direct. At that time, Senator Alagoan Totonio Vilela traveled around the country, bringing the message "direct already" to the Brazilian people, which brought him the nickname "Menestl Alderman".

Although indirect - through the election college - his choice was excited by most Brazilians, noting the end of the military regime. The amendment also provided votes to persons over 16 years old, and for the first time in republican history, illiterate also began to vote, which is one of the great success in elections.

Prior to adoption in 1997, the Federal Law "On Basic Guarantees of Electoral Rights and Rights of Participation in the Referendum of Citizens of the Russian Federation" in accordance with the Federal Law "On Basic Guarantees of Electoral Rights of the Russian Federation citizens" from 1994 in lawmakels of the constituent entities of the Russian Federation There was the possibility of establishing the so-called "mandatory dates" in the relevant territory as a condition for the acquisition of passive electoral law. This kind of restrictions are also called settling qualities. According to Article 4 of the Federal Law of 1994, the deadlines of the mandatory residence could not be less than one year. In practice, in some subjects of the Federation, these deadlines were not respected. In adopted later than the Federal Law, "On Basic Guarantees of Electoral Rights and the Rights of Participation in the Referenda of the Citizens of the Russian Federation" it was found that settling values \u200b\u200bare applicable only in cases provided for in the Constitution of the Russian Federation. As is known, the Constitution provides such an opportunity only for the election of the President of the Russian Federation. Thus, when conducting other elections, citizens of the Russian Federation can run as candidates regardless of their place of residence. Currently, practice, when politicians living in Moscow are running in the elections held in the subjects of the federation, became very common. In accordance with the law, there are no restrictions for this.

The decade of 90 brought a large novelty in the history of voting in Brazil: electronic voting boxes. Voting is the expression of the will of a citizen in a particular case to strengthen this intention. It is also a way of expressing will or opinions in the electoral act or in the meeting.

According to Morais, the vote is subjective public law, but, nevertheless, does not lose its political and social functions of national sovereignty in representative democracy. Being a mandatory duty, this is the manifestation of the will those older than 18 years and younger than 70 years old.

Passive selective right arises from a citizen not since its registration by a candidate, but belongs to every citizen of the Russian Federation that meets the requirements contained in federal laws, the laws of the constituent entities of the Russian Federation.

Unlike the active electoral law, the implementation of passive electoral law does not depend only on the will of the citizen. The election of a citizen in state authorities and in local governments is possible if the established number of voters will vote for his candidacy. The state guarantees citizens only equal opportunities to be elected to state authorities and local governments.

Thus, the nature of the voting is characterized as a socio-political act, since a citizen has a duty and the right to express his will by voting for choosing their legitimate rulers at the municipal, state and federal levels in a representative system.

Ten elections were held: five municipal and five - for state and national offices. Therefore, the voting that will be carried out directly represents several constitutional characteristics, and among them you can emphasize: personality, coercion, freedom, secrecy, equality, frequency.

The conditions for the implementation of passive electoral right should be distinguished from restrictions related to the incompatibility of the deputy mandate or elective position with the implementation of certain activities. These restrictions are established in the Constitution of the Russian Federation, the constitutions and the charters of the constituent entities of the Russian Federation, federal laws and the laws of the subjects of the Federation. These restrictions are not directly related to the implementation by citizens of passive electoral law. A citizen who is a deputy who is in a certain position or dealing with a certain activity cannot be obstacle to the implementation of passive electoral law. Only after the election of a citizen with a deputy (elected officer), restrictions on the occupation of them of the relevant position or on the implementation of certain activities come into force. The person chosen by the deputy either at the election position, after his election, should free the position or terminate the activities that according to the law are incompatible with the status of the deputy, the elected official.

When it comes to voting, it can only be implemented personally, and there is no possibility to provide a power of attorney to vote. And the identity of the voter is awarded to the display of the name of the voter. Personality is necessary to verify the sincerity and authenticity of the vote - the principle of personality.

Mandatory voting, as a rule, with the exception of persons over 70 years and under 18 and over 16 years old, supported by Brazilian electoral laws. A citizen is obliged to attend the elections, sign the presence page and take his voice to the voting urn, including a fine in the form of a fine for its absence. However, due to its secrecy, citizens cannot be effectively voting, that is, they are obliged to only be present at the convening imposed by electoral law, but they can also express their will freely, which may not be vote in any candidate, and therefore may be free Cancel vote or vote for empty - the principle of formal compulsory participation.

The consequences of non-compliance with incompatibility requirements are very serious. In accordance with paragraph 6 of Article 70 of the Federal Law "On Basic Guarantees of Electoral Rights and the Rights of Participation in the Referendum of Citizens of the Russian Federation", the relevant Election Commission cancels its decision to recognize the selected candidate if it is no later than within seven days from the date of official publication general results The elections will not submit a copy of the order (orders) on the release of it from the duties incompatible with the status of the deputy, the elected official, or a copy of the documents certifying the deadline for exemption from these duties within the prescribed period.

The voter may manifest itself not only in the preference of a candidate or party among those who represent themselves, but, if possible, even make empty bulletins in the ballot box or annul the vote. This should be guaranteed, and for this reason, an already analyzed obligation can only mean the voter extension, the signature of a separate bulletin and bulletins in the ballot box - the principle of freedom. And in defense of the prevalence of this principle, which cannot be eliminated by the refusal, which would essentially affect him, making it extremely vulnerable, is that the judiciary does not allow the reality of a selected voice.

What is the volume of restrictions related to the incompatibility of the deputy mandate, the possession of the elected position? According to Article 97 of the Constitution of the Russian Federation, the same person cannot simultaneously be a member of the Federation Council and the Deputy State Duma. The State Duma deputy cannot be a deputy of other representative bodies of state power and local governments. State Duma deputies cannot be in public service, engage in other paid activities, except for teaching, scientific and other creative activities.

One of the requirements of the Brazilian Electoral Code is a tireless stand in order to guarantee the secret of voting. And the secret of voting is that it should not be revealed by his author, nor a third party fraudulent way.

Mystery of voting should be guaranteed with the help of certain legal measures, such as: the use of official bulletins that impede the recognition of the voter; Allocating a voter to a tireless stand, signal in secret, candidate for his choice; The authentication conference of the official bulletin, taking into account the lines of clerks, the use of electoral urn, which ensures the inviolability of the ballot, and is quite wide so that the ballots do not accumulate in the order in which they are introduced by the voter themselves, as regulated in Art. 103 of the Electoral Code.

The somewhat different conditions of incompatibility of the deputy mandate are provided for deputies of the legislative bodies of the constituent entities of the Russian Federation. These features are connected with the fact that in accordance with the Constitution (Charter) and the laws of the subjects of the Federation, the deputies can fulfill their duties both on a professional basis and without separation from the main activity. According to Federal law "About general principles Organizations of legislative (representative) and executive bodies State power of the constituent entities of the Russian Federation "(Art. 12) During its term, the deputy cannot be a deputy of the State Duma of the Federal Assembly of the Russian Federation, the judge, to replace other public posts in the Russian Federation, state posts Federal civil service, other state positions of the subject of the Russian Federation or government positions public service Subject of the Russian Federation, as well as elected municipal positions and municipal positions municipal service, unless otherwise provided by federal law. In addition, in the Federal Law it is planned that if the activities of the deputy are carried out on professional permanent basisThe specified deputy cannot be engaged in other paid activities, except for teaching, scientific or other creative activities.

It should also be noted that in case of voting via electronic voting boxes, it will always be necessary to provide with the help of an effective computer program not only a complete secrecy of voting, but also the possibility that the voter chooses empty voting or by invalid voting in order to ensure complete freedom of choice .

When implementing the right of voters, voters elect by voting independently, without intermediaries, representatives and rulers - the principle of direct voting. Although some scientists argue that in Brazil, direct vote is a rule without exception, the Federal Constitution itself provides for exceptional cases, Art. 81, paragraph 2, a kind of indirect elections for the position of President of the Republic. Therefore, the positions of the President and Vice-President of the Republic, wandering over the past two years of the Board, will be re-elected on both positions within 30 days after the last vacancy by the National Congress in accordance with the law.

In relation to the highest official (head of the Supreme Executive Body) of the subject of the Russian Federation, similar restrictions are also established by the above-mentioned federal law. The specified official of the authorities of the constituent entity of the Russian Federation cannot be at the same time a deputy of the legislative (representative) state authority of the subject of the Russian Federation, a deputy of the representative body of local government, cannot be engaged in other paid activities, except for teaching, scientific and other creative activities.

Restrictions associated with the incompatibility of staying in public service with a deputy mandate, mirror reflect the requirements for the incompatibility of the deputy mandate. They are formulated in the federal law "On the basics of the State Service of the Russian Federation". According to Article 11 of this Federal Law, the public servant is not entitled:

• being a deputy of the legislative (representative) authority of the Russian Federation, legislative (representative) bodies of constituent entities of the Russian Federation, local governments.

The federal legislation also established the rules of incompatibility of finding at the municipal service with a deputy mandate, staying at the election position. According to Article 11 of the Federal Law "On the Fundamentals of the Municipal Service in the Russian Federation", the municipal employee is not entitled:

• engage in other paid activities, except for pedagogical, scientific and other creative activities;
• be a deputy of the State Duma Federal Assembly Of the Russian Federation, a deputy of the legislative (representative) authority of the constituent entity of the Russian Federation, a deputy of the representative body of local self-government, a member of other elected bodies of local self-government, the elected official of local self-government.

Principles of electoral law.

Under the principles of electoral law are understood primarily to universal equal and direct voting right in secret ballot. In addition, the principles of electoral right include the conduct of elections on a periodic basis and the free will of citizens. These principles were developed by the centuries-old worldwide experience in the development of democratic institutions and were embodied in the most important international legal instruments.

In the Constitution of the Russian Federation principles of universal equal and direct election law with a secret ballot Reveal only in relation to the elections of the President of the Russian Federation (Art. 81), directly in the Constitution the frequency of elections is established only for the President of the Russian Federation and deputies of the State Duma.

In full, all of the above principles of electoral law are disclosed in detail in the norms of the Federal Law "On Basic Guarantees of Election and Rights to Participation in the Referendum of Citizens of the Russian Federation" as mandatory for all elections in the Russian Federation.

The principle of conducting free and periodic elections The state authorities and local governments are enshrined in the preamble of the Federal Law "On Basic Guarantees of Election and Rights to Participate in the Referendum of Citizens of the Russian Federation". It should be noted that the principle of free willing of citizens The elections directly follows from part 3 of article 3 of the Constitution of the Russian Federation, in the meaning of which only free elections are the highest direct expression of the power of the people. Holding free elections First of all, they are ensured by their alternativeness, the possibility of participating in them various political parties and candidates facing various political positions, equal access to candidates for public media, the possibility of citizens and public associations will be easily pre-election campaign, monitor voting and counting votes. Freedom of the will of citizens is also complemented by the voluntariness of their participation in the elections. Participation in the elections is the right, not the responsibility of citizens of the Russian Federation. Actions aimed at force a citizen to participate either non-participatory in elections are equally illegal.

The voting of citizens in elections is free, that is, each voter votes according to his inner conviction. The law establishes the inadmissibility of impact on the free voter will.

Election frequency Provided by the timely election on the expiration of the term of powers of state authorities and local governments.

In accordance with the Constitution of the Russian Federation terms of office The President of the Russian Federation and deputies of the State Duma are 4 years. The term of office of the highest official (head of the executive authority) of the subject of the Federation and once elected deputies of the legislative bodies of the Federation constituent entities is established by the Constitution (Charter) and the laws of the constituent entities of the Russian Federation. However, in accordance with the Federal Law "On the General Principles of the Organization of Legislative (Representative) and the executive bodies of state authorities of the constituent entities of the Russian Federation" and the Federal Law "On Basic Guarantees of Election and the Rights of Participation in the Referendum of Citizens of the Russian Federation", they cannot exceed 5 years. According to the Federal Law "On the General Principles of the Organization of Local Government in the Russian Federation", the deadlines for the powers of the elected local authorities cannot be less than 2 years. The Federal Law "On Basic Guarantees of Electoral Rights and the Rights of Participation in the Referendum of Citizens of the Russian Federation" (Art. 8) establishes the deadline for the powers of local governments and deputies of representative bodies of local self-government equal to 5 years.

In the event of early termination of the powers of the authority or local government, the timely conduct of new elections should be ensured. If the elections are not appointed within the deadlines by an authorized state body or local government body, elections are held by the election commission of the relevant level. But if this "insurance mechanism" does not work, then in accordance with the Federal Law "On Basic Guarantees of Election and Rights of Participation in the Referendum of Citizens of the Russian Federation" (paragraph 5 of Art. 10) elections on the statements of voters, electoral associations, electoral Blocks, state authorities, local governments, prosecutor are appointed by the court. The frequency of elections to local governments is also provided in accordance with the Federal Law "On Ensuring the Constitutional Rights of Citizens of the Russian Federation to elect and be elected to local governments."

The guarantee of periodic elections is that state authorities and local governments cannot arbitrarily extend their powers, including in such a way as a referendum on the extension of authority. Federal Constitutional Law "On Referendum of the Russian Federation" and the Federal Law "On Basic Guarantees of Electoral Rights and the Rights of Participation in the Referendum of Citizens of the Russian Federation" contain a ban on the referendum of the extension of the powers of the existing authorities and officials, and also prohibit the referendum to form the composition elected authorities, to approve the post of elected persons. The impossibility of a democratic formation of elected authorities by conducting a referendum is due to the fact that this form Direct democracy has a fundamentally different purpose than the election. Its use for the purpose of the formation of state authorities and local governments does not provide alternatives to candidates, competition of political parties. Thus, the voltage of citizens is lost free, and, consequently, a democratic nature.

Universal suffrage. The voting law was not always universal, that is, belonged to every adult citizen. As a rule, the right to elect and be elected was determined by a significant number of various qualities. Property values, settling censes had the greatest distribution. Until the middle of the twentieth century, women were completely removed in the elections in most countries of the world.

In the Russian Federation, citizens arise from citizens at the achievement of 18 years of age. The voting right does not belong to foreigners living in Russia and stateless persons.

The only exception is provided for by the Federal Law "On Basic Guarantees of Electoral Rights ..." the possibility for foreign citizens permanently residing in the territory of the relevant municipality, to participate in elections to local governments. However, this right arises only if this is stipulated in the international treaty of the Russian Federation and the relevant state.

The federal law "On the basic guarantees of electoral rights ..." establishes the inadmissibility of restrictions of election rights of citizens, depending on gender, race, nationality, language, origin, property and official position, place of residence, relations to religion, belief, belonging to public associations. This prohibition follows from article 19 of the Constitution of the Russian Federation, guarantees the equality of human rights and freedoms and citizen regardless of the above circumstances.

As already noted, citizens recognized by the court are incapacitated, or citizens contained in the prison court in prison, do not have a passive and active election law. These restrictions for a citizen are temporary: the voting rights of the citizen are restored in full after its release from the seats of imprisonment, where he served a sentence of court sentence, or after the recognition of a citizen capable of court decision.

According to Article 29 of the Civil Code of the Russian Federation, a citizen who, as a result of a mental disorder, cannot understand the meaning of his actions or lead them, can be recognized by the court incapacitated in the manner prescribed by the Civil Procedure Code. Citizens suffering from mental illness, but not recognized by the court incapable, participate in elections on equal basis. Any limitations of their election rights contradict the Constitution of the Russian Federation and the Federal Law "On Basic Guarantees of Electoral Rights ...".

Do not participate in the elections of the person contained in places of deprivation of freedom to enter into force the court sentence. Persons who are detained before the entry into force of the court sentence have the right to elect and be elected. Citizens in the detention facility and an insulator of temporary detention for administrative offenses, as well as detainees or arrested on suspicion of a crime, are also eligible to elect and be elected. Exercise specified persons Separate electoral actions (participation in election events, visiting election commissions, etc.) is limited to finding these persons in custody.

Regardless of the place of residence of the citizens of the Russian Federation, their electoral rights are ensured equally. This principle is fully applied to citizens of the Russian Federation living beyond. The main responsibilities for the creation of conditions for participation in the elections of citizens of the Russian Federation living beyond its limits lie on diplomatic and consular institutions Russian Federation. These institutions are registered (accounting) of voters on the territory subordinate to them, provide the necessary organizational assistance formed abroad and perform other important functions that allow citizens of the Russian Federation living beyond its limits to implement their constitutional voting rights.

The principle of equal election law Equally refers to the implementation of both passive and active election law. With regard to passive electoral law, it is manifested in establishing the laws of equal legal conditions For all citizens to be elected to state authorities and local government bodies and in creating state guarantees to implement these possibilities. This principle is also manifested in the legislative norm on the equality of the status of all candidates, electoral associations, electoral blocks.

Equality of the active electoral law of citizens is to ensure equal weight of the voice of each voter in the elections of the state authority or local self-government. The federal law "On the basic guarantees of electoral rights ..." establishes that voters participate in elections on equal bases. For these purposes, the election laws ensure that all voters have an equal number of votes in voting to the same electoral district, and when elections to representative bodies, election districts are made with approximately equal to the number of voters. The law establishes the limit deviation (as a percentage) from the average norm of the representative office of voters in a separate electoral district.

Direct election law Indicates the direct vote of citizens for or against the candidate (list of candidates). Indirect electoral right represents a multi-stage formation of a elected authority, when not directly voters vote for candidates for this body, but a certain way elected selectors 5

Active selective law

It is customary to distinguish between active and passive voting right. Active selective law - This is the right of a citizen to elect, personally participate in the elections of representative institutions and officials. Nowadays, all sorts of length, property, educational, racial-national and other limitations are canceled - centers, and the circle of individuals using electoral rights are very wide. However, some censes remain so far. So, in some Muslim countries, the rights of votes are still deprived of women, and in a number of countries, women received voting rights not so long ago. For example, in Italy and Japan, this happened in 1945, in Greece - in 1956, in Switzerland - in 1971.

Territorial qualities restricts participation in the elections of residents of certain territories. Settlement cents limits the electoral activity of migrants. So, to take part in the elections in the United States, a person must live in this area of \u200b\u200b30 days, in Canada or Finland - one year, in Norway - 5 years. In some countries (Argentina, Brazil), electoral rights are deprived of servicemen, which is due to the need to put an army outside of politics. In the USSR, before 1936, "representatives of the exploitative classes" were deprived of the election law.

The implementation of active electoral law may be direct and indirect. Direct elections mean that the deputies are elected by citizens directly. With indirect elections, citizens elect selectors, which then decide who to choose to one or another position. The two-stage elections are elected, for example, US Presidents, Brazil, Finland, the Upper Chambers of Parliaments of India, Malaysia and other states. In France, part of the Senate is formed by three-stage elections.

Passive electoral law - This is the right to be elected, this is the right citizen's right to be a candidate for representative bodies or an elected position. There are limitations and on the right to be elected. So, to run for the presidency of the United States, it is necessary to reach 35 years and be a citizen of the United States by birth. The senator of this country can be a person not younger than 30 years old, which is a US citizen for 9 years. President of Belarus can be elected citizen of the Republic of Belarus at least 35 years old, who has the election law and permanently residing in the country for at least 10 years immediately before the elections. The deputy of the House of Representatives of the National Assembly of the Republic of Belarus can be any citizen who has reached 21 years. A member of the Council of the Republic can be any citizen of the Republic of Belarus, which has reached 30 years and lived in the territory of the respective field, the city of Minsk at least 5 years.

According to the legislation of some countries, individual officials cannot be elected to representative bodies even for a certain time after they left these positions. This applies to the judges, police commissioners, prefects, etc. In addition, citizens elected to the representative bodies do not have the right to take any other position in the state apparatus. This requires the principle of separation of the authorities.

In the Republic of Belarus in accordance with Article 92 of the Constitution, deputies of the House of Representatives exercise their powers on a professional basis. Deputy of the House of Representatives can be at the same time a member of the Government of the Republic of Belarus.

The same person cannot simultaneously be a member of both chambers of parliament. Deputy of the House of Representatives cannot be a deputy of the local council of deputies. A member of the Council of the Republic cannot be simultaneously a member of the government. The responsibilities of the deputy of the House of Representatives, a member of the Council of the Republic with the simultaneous occupation of the position of the President or the judge simultaneously occupied by the presidential position.

The term "selective law" occurs in the scientific literature quite often in different contexts. To his understanding, as well as the concept of "electoral system", there is no single approach.

Traditionally, in the theory of constitutional right, the concept of "selective law" is customary to be considered in objective and subjective sense. Objective voting law as legal category - This is a system legal normsformulated in legislative and other regulatory legal actsfixing public relationsFolding in the implementation of the right of citizens to elect and be elected to state authorities and local self-government governing the activities of the subjects involved in electoral process.

Subjective selective law Means the right to elect and be elected to the authorities and local government belonging to the specific citizen, that is, this is the empower belonging to specific subjects of legal relations (the empower established by the norms of objective electoral law).

Objective and subjective selective law are closely interrelated. FirstlyThe objective voting right is the regulatory form of the existence of subjective election rights. In this capacity, objective right is regulatory source electoral rights of citizens. SecondlyIn the norms of objective law, models of legal behavior (legitimate and unlawful) entities of electoral relations are established. Thirdly, Objective right not only indicates the volume and content of the authorities of election rights, but also determines the procedure for their implementation. FourthIn objective electoral law, guarantees for the protection and protection of the election rights of citizens (in particular, legal responsibility measures) are recorded. FifthThe objective electoral right serves as an official criterion for the legality of the behavior of entities of election legal relations.

In this way, suffrage There is a totality of legal norms, fasteners State guaranteed constitutional rights of citizens to elect and be elected to state authorities and local self-government.

In this context distinguished active and passive voting law.

Active selective law - This is the right to elect. It directly depends on the face of the age established by the law. This right is implemented by voting a citizen in elections either during the campaign to receive a selected person. The most important prerequisite for its implementation is the inclusion of a citizen in the voter list.

Passive electoral law - This is the right of a citizen to be elected to state authorities and local self-government. Unlike active electoral law, the passive is implemented, first of all, the candidate for a selected position and may end with its election.

The concepts "active" and "passive" authority, although they are used in foreign and domestic scientific legal literature and legislation a fairly long time, a number of Russian scientists are rapidly estimated. It would be more correct to say simply about two varieties of election law: about the right to elect and right to be elected.

Basic terms of implementation of active and passive electoral law largely coincide. So, according to Article 32 of the Constitution of the Russian Federation "Citizens of the Russian Federation have the right to elect and be elected to state authorities and local governments ... Do not have the right to elect and be elected citizens recognized by the court incapable, as well as in places in prison for a court sentence" . However, there are certain criteria for distinguishing the implementation of active and passive electoral law.

FirstlyAs follows from the meaning of Article 60 of the Constitution of the Russian Federation, a citizen of the Russian Federation can independently fulfill its rights and responsibilities from 18 years. Consequently, and electoral rights citizens of the Russian Federation have from 18 years of age. However, this is a basic condition only to implement the right to elect. Age criterion for the implementation of the right to be elected depends on the level of elections. Thus, a citizen of the Russian Federation who reached 35 years old can be elected president of the Russian Federation, a citizen of the Russian Federation, which reached 21 years.

Secondly,in order to be able to implement an active partitioning right, it suffices to reach the age of 18 years, consisting in citizenship of the Russian Federation, regardless of the foundations and timing of its acquisition. But this may not be enough to implement passive electoral law. Thus, Article 81 of the Constitution of the Russian Federation establishes the requirements of not only the age and citizenship, but also the duration of residence in Russia - at least 10 years.

It follows from this that the implementation of passive electoral law, that is, the rights to be elected, occurs in a more difficult order than active electoral law (the right to elect).

It should be noted that in the Constitution of the Russian Federation, there was no reflection of the important provision, according to which foreign citizens in certain cases could be made by elective rights. So, according to the provisions of federal laws "On the basic guarantees of electoral rights and the rights to participate in the referendum of citizens of the Russian Federation" dated June 12, 2002 and "On legal position Foreign citizens in the Russian Federation "of July 25, 2002, foreign citizens permanently residing in Russia have the right to elect and be elected to local governments on a par with russian citizens. Foreign citizens do not have the right to elect and be elected in federal bodies state power and state authorities of the subjects of the Federation.

4. Principles of the electoral system: concept and content.

It should be noted that the democracy of the electoral system can be judged by the presence and reality of the democratic principles laid down on its basis. Principles permeate all field legal regulation and are a consequence of generalization legal normsarising as legal customs development and legislative activity state authorities.

Under the principles of the electoral system of the Russian Federation It should be understood by the fundamental, guidelines, ideas based on the implementation constitutional law Citizens Election and be elected, as well as the basis for the formation of elected state bodies and local self-government.

The quantitative composition of the principles of the electoral system of the Russian Federation suggests that a stereotype of four principles has developed in the domestic legal literature: the principle of universality of elections, the principle of equal elections, the principle of direct elections and the principle of voting mystery. The Constitution of the Russian Federation of 1993 enshrines these principles only in relation to the election of the President of the Russian Federation (Article 81). Article 3 of the Federal Law "On Basic Guarantees ..." of June 12, 2002 expands this legal design by fastening the following definition: the participation of a citizen in the elections is free and voluntary ... is implemented on the basis of universal equal and direct will during a secret voting .. Thus, the principle of free and voluntary elections is added to the constitutional design. However, this list of principles of the electoral system is not exhaustive.

The principles of the modern electoral system of Russia are: 1) the principle of universality of elections; 2) the principle of equal elections; 3) the principle of direct elections; 4) the principle of voting mystery; 5) principle of voluntary elections; 6) the principle of the obligation of elections; 7) the principle of frequency of elections; 8) the principle of alternativeness of elections; 9) territorial election principle; 10) the principle of independence of bodies engaged in organizing and conducting elections; 11) the principle of control over the order of the organization and holding of elections; 12) The principle of responsibility for violations of the election rights of citizens and legislation on elections. There is a need to briefly comment on some of them.

1. The principle of universality of elections means that a citizen who has attained 18 years of age is entitled to choose, participate in provided by law and conducted by legal methods of other election actions, and at the achievement of the age established by the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions, the charters, the laws of the subjects of the Federation, to be elected to state authorities and local self-government. Do not have the right to elect and be elected citizens recognized by the court incapable, as well as those contained in places of imprisonment by the court sentence, which has entered into legal force.

Legal factOn the basis of which the citizen's right to participate in the elections is suspended, the entry into force of the court's decision to recognize the person incapacitated or conviction of the court should be considered.

Of great importance for ensuring universality of electoral rights of citizens and the limits guaranteed by the law has the issue of electoral qualities. Electoral valzes - These are the conditions that a citizen must comply with to realize the right to elect and be elected. The most common are citizenship values; age qualities; Casis settling.

Article 19 of the Constitution of the Russian Federation contains a list of grounds for which the rights and freedoms of the individual cannot be limited, and, therefore, which cannot be advocated as election qualifications. These include signs of gender, race, nationality, language, origin, property and official position, place of residence, relations to religion, belief, belonging to public associations.

Election right belongs to such a category public rights, the condition of the implementation of which is citizenship. In order to have electional rights, both the state of citizenship on the day of elections and the foundation in this state is no less established period.

Traditionally in Russia and in all other states acts age valves. The content of the age criterion is recognized by the person of electoral legal personality. The content of the age qualification was already indicated above.

Restriction of the principle of universality of residence time in certain locality (set of settling) is one of the most common legal resources, but considering that today at the constitutional level any restrictions on citizens 'right to be elected, with the exception of the presidential elections, are absent, it is possible to make an unequivocal conclusion that settling cents in relation to citizens' right to be elected in other Public authorities and local governments are not envisaged in any options.

2. The principle of equal elections suggests the opportunity is the same for every citizen be a subject of law, elect and be elected, to carry out the necessary election actions, carry proportionate legal responsibility For offenses committed in the field of election legal relations.

The principle of equal elections has several components. Firstly, each voter participates in equal margin elections., the voices of them are equal and have the same weight in terms of influence on the election results and do not differ in the property position, the level of education, religious or racial, sex or political views. Equality in the elections is achieved, first of all, the fact that the voter can be included in the lists only on one polling station and participate in the voting only once.

Secondly Candidates are involved in elections on equal basis. In accordance with paragraph 10 of Article 32 of the Federal Law "On Basic Guarantees ..." of June 12, 2002 candidate It may agree to nominate on the same elections no more than one initiator of the extension. Also each candidate In the elections to the State Duma of the Russian Federation and regional parliaments should be eligible for one deputy mandate. Unfortunately, in our country, the principle of equal elections is ideally withstanding.

Thirdly , When conducting elections to representative bodies education of electoral districts is assumed to be approximately equal to the number of voters. - One of the most important indicators of the principle of equality. Thanks to this, equal weight of votes and equal standards of representation should be achieved. The actual inequality of votes is associated primarily with the impossibility of cutting absolutely equal in the number of electoral districts, as well as with a different percentage of voters participating in elections in various districts. The Federal Law "On Basic Guarantees ..." of June 12, 2002, the Federal Law "On the Election Deputies of the State Duma of the Federal Assembly of the Russian Federation" dated December 20, 2002, admit the deviation of one constituency from another no more than 10%, and in hard to reach and Remote localities - no more than 15%, and in places of compact residence of indigenous peoples - by 30%. With this position on the federal elections, one district from another in absolute voter figures may differ by 50-75 thousand people, which is hardly complied with the principle of equal elections, since in the process they are a rigid political struggle for each voter voice. There was a situation where the difference in the number of voters between some districts has reached huge sizes. In the 210 constituent district of St. Petersburg, about 500 thousand voters, in 209 districts - more than half a million. Whereas in Evenkom - less than 14 thousand, in Koryaksky - less than 25.

3. Principle of direct elections means firstlythat elected individuals are elected directly to the authority in which elections pass, bypassing intermediate instances; secondly, direct voter voter "for" or "against" a candidate (list of candidates).

Direct elections are considered more democratic, in the process of their implementation of the will of voters are not subjected to such distortion as in indirect elections.

4. Principle of voting mystery means that the voter freely expresses his will, which remains unknown for any physical and legal entities; The external impact on the will of voters is not allowed; Electoral ballots are filled and lowered into the ballot box personally. The Federal Law "On Basic Guarantees ..." of June 12, 2002 introduces a new standard that has not previously contained in russian legislation. So, according to paragraph 14 of Article 64, the law of the subject may provide for the possibility of voting voters by mail. The procedure for this vote before the settlement of this issue is determined by the CEC of the Russian Federation. On August 7, 2003, the CEC was adopted by Resolution No. 20 / 144-4 "On the temporary order of voting by mail when conducting elections to the state authorities of the subject of the Russian Federation, local governments", which determined the rules of voting by mail during the regional and municipal Elections, but in relation to federal elections, this order remains not regulated so far.

The principle of voting mystery is ensured by the following circumstances: the ballot card must be filled in the cockpit, a specially equipped place or a room for secret ballot, where the presence of other persons is not allowed; Filled ballots are personally lowered by voters in voting boxes; A member of the precinct election commission is immediately removed from participating in its work, and the observer and other persons are removed from the voting room, if they try to break the secret of voting; Territorial and precincts election Commissions In case of early voting, it is obliged to ensure the secret of voting, eliminating the possibility of distorting the will of voters.

Administrative (Article 5.22 of the Administrative Code of the Russian Federation), criminal (Article 141 of the Criminal Code of the Russian Federation), criminal (Article 141 of the Criminal Code) is responsible, as well as their own sanctions of electoral legislation, which provide for the possibility of the abolition of election results by the court decision in the event of violations of the election rights of citizens and election laws, Including compliance with the secrecy of voters in all types of voting.

5. The principle of voluntary participation in elections It is expressed in the free participation of citizens in elections and implies the right of the voter to solve the issue of the feasibility and the need to participate in the elections, eliminates the obligation of such actions; for evading participation in elections for voters does not occur any responsibility; Forced to participate, or, on the contrary, it is not allowed to fail to be in the election.

6. The principle of the obligation of elections It means that the elections are the imperative and only legitimate method of forming representative and executive bodies of state and local government bodies. The implementation of the requirements for the obligation of elections is the expression in the consolidation of the type of body, the elected official, the deputy of the electoral authority, in respect of which elections should be appointed; the list of regulatory acts that establish the term of their authority and declare the obligation to conduct elections by its expiration; time of appointment and election before the expiration of authority or deputy; system systems ensuring the obligation to conduct elections; Organizational and legal and financial conditions of elections.

Obligation suggests that competent state and municipal authorities It is not entitled to shy away from the appointment of elections and conduct them in the deadlines established by the legislation, as well as cancel the already designated elections or transfer them to a later date.

7. The principle of election periodicity It is associated with the temporary framework of powers of state authorities and local self-government and means that the next elections should be carried out at certain time intervals. The intervals between the elections directly depend on the terms of the respective authorities provided for by the federal and regional legislation, which in the ideal version should, on the one hand, to ensure the stability of the work of elected bodies and officials, and on the other, to ensure their changeability and prevent the unnecessarily long-term possession of elected authority to prevent .

According to Articles 81 and 96 of the Constitution of the Russian Federation, the president and deputies of the State Duma are elected for a period of 4 years (the most frequently applied term of the authority). The deadlines for the powers of the state authorities of the subjects are different and, as a rule, are established in their constitutional laws. The maximum possible time of office of elected bodies at the regional and local levels can not exceed five years.

8. The principle of alternativeness of elections It is as follows: if no candidate remains for the voting day in the polling district, or the number of registered candidates will remain less than the established number of mandates or equal to it, or only one list of candidates will be registered, the election in this constituency to solve the relevant election commission is postponed A period of no more than six months to additional nomination of candidates (lists of candidates) and the implementation of subsequent electoral action. Otherwise, the law provides for voting in a single-member district or in a single electoral district on one candidacy: 1) when re-voting; 2) in the elections of deputies of local governments (if it is provided for by the law of the subject of the Federation). At the same time, the candidate is considered selected if at least 50% of voters who participated in the elections voted for him.

9. Territorial election principle It is associated with the principles of direct and equal elections and means that voters participate in the elections at the place of residence, that is, elections are held in constituencies. The constituency is an electoral territorial unit formed in accordance with the standards of representation for the election of deputies to the appropriate electoral body. The population of each constituency is represented by one deputy (on single-member districts). For the election of the President of the Russian Federation, for example, the whole country represents one constituency.

10. The principle of independence of bodies engaged in organizing and conducting elections meansthat to ensure the implementation and protection of the election rights of citizens is formed special organs - Election commissions, in the preparation and conduct of elections, within their competence, independent of state authorities and local self-government. In accordance with Articles 21 and 23 of the Federal Law "On Basic Guarantees ..." The CEC RF and the election commissions of the subjects of the Federation are characterized as government agenciesnot included in the system of legislative (representative), executive and judiciary.

11. The principle of control over the course of the organization and conduct of elections. The progress of the organization and holding of elections is carried out by state, public and international control.

State control, First of all, carried out Constitutional Court RF, courts general jurisdiction, electoral commissions, internal affairs bodies.

Public control can be carried out, for example, by observers.

International controlit is carried out by international observers, which in their activities are guided by the methodology and the basic principles of the organization of monitoring the preparations and conduct of elections recommended by the Council of Europe.

12. The principle of responsibility for violations of the election rights of citizens and election laws Includes legal meansspecifying the content of election rights and provided for by the norms of criminal, administrative and civil law, as well as election legislation. Thus, Article 141 of the Criminal Code of the Russian Federation provides criminal liability For preventing the implementation of the electional rights or work of election commissions, Article 141.1 - for violating the procedure for financing the electoral campaign of the candidate, the electoral association, the electoral block ..., Article 142 - for falsifying electoral documents or the wrong vote count, 142.2 - for falsification of the voting results, and violations of these Regulations are regarded as an encroachment on political rights of citizens. Less dangerous violations electoral legislation entail administrative responsibility, which is regulated by Articles 5.1-5.25 of the Code administrative offenses RF. Violations of the election legislation for which administrative responsibility, rather common. A large number of disputes associated with violation of electoral rights are also considered by civil proceedings. We must not forget about the sanctions of the actual legislation, for example, provided for in Article 76 of the Federal Law "On Basic Guarantees ..." of June 12, 2002, the foundations of cancellation (cancellation) of the candidate registration.

The above list of principles of the electoral system of Russia is not exhaustive. Regardless of quantity legal principles The electoral system, their implementation can contribute to overcoming gaps and collisions in the federal and regional electoral legislation of the Russian Federation.

Active polling law is the right of a citizen to elect the national authorities and local governments, to participate in the voting on a referendum and in the implementation of other forms of direct democracy. Active this right is called because the citizen himself must be implemented by his actions: sometimes to be included in the electoral list with a voluntary form of registration (as, for example, in France), to come to the polling station, to get a ballot, fill it, choose candidates or political Association (with a list voting), for which he wishes to vote, omit the bulletin in the urn.

In almost all countries of the world, active electoral right belongs to adult citizens, regardless of gender, the kind of classes, property status, education and other conditions, but when complying with some centers (age qualities, sometimes settling centers and a number of others). By general rule Own citizens of the country have active election law, which is the implementation of the principle of popular sovereignty: only their own citizens can choose the governing bodies of their country. At the end of the 20th century, certain exceptions appeared from this rule. Thus, in accordance with the Maastricht agreements of 1993, the European Union member states (EU) provided the right to elect and be elected in local organs Self-government to citizens of other member states of this union living on their territory. This is due to the fact that, in accordance with the concept of the EU, local governments are not expressed by popular sovereignty, and the elections are considered as administrative.

The introduction of universal active electoral rights is necessary in order to allow all citizens equal to expressing their will in the main areas of national policies offered by candidates and political parties in elections and when applying various forms of direct democracy. The circle of persons with the right to vote is limited by the so-called electoral qualifications (qualifications), which should satisfy individualTo enjoy active or passive electoral right.

In the Russian Federation, according to the current legislation (primarily the Constitution of the Russian Federation of 1993 and the Federal Law "On Basic Guarantees of Election and Rights to Participation in the Referendum of Citizens of the Russian Federation"), all citizens of the Russian Federation have reached the active election law. They have the right to elect, vote on a referendum, as well as to participate in other election actions provided by law and legitimate methods, other actions for the preparation and conduct of the referendum. Active selective right is provided regardless of gender, race, nationality, language, origin, property and official position, place of residence, relations to religion, belief, belonging to public associations, as well as other circumstances. Citizen of the Russian Federation, which has an active electoral law, which is outside the Russian Federation on the day of elections to the federal state authorities, holding a referendum of the Russian Federation and not even revealing certificatemay vote on the fact of its appearance to the premises of the precinct commission for voting. At the same time, it must be entered in the electoral list.

Voter registration is assigned to the election commissions on the basis of information obtained using state system registration (accounting) of voters. The voter can vote only on one polling station, a referendum site.

The citizens recognized by the court are incapacitated or contained in prison courts are deprived of the actual election law. See also selective law, universal eligible law.

Active selective right is one of the main components of the democratic government management system. This right to participate in the elections of the authorities, which are formed on the basis of the opinion of most voters.

Today, active electoral law in most developed countries is given to all adults and capable citizens, although there are a number of restrictions. In some states, such as Brazil, there is a notion of electoral debt - it is necessary to participate in the election, and the devoted citizens threaten large

Participation in elections is the civilian duty!

The voting law can be active and passive, these two concepts need to distinguish:

• Active right is the right to elect, that is, to take part in the elections. In Russia, it is available to all citizens who have reached 18 years of age, regardless of their gender, nationality, racial and religious affiliation, participation in political parties and other associations. It is not available only for persons recognized as, as well as placed in place of imprisonment by the court decision.
• Passive law is the right to be elected to power structures. In this case, age limit changes: a citizen who age is not less than 21 years old may become a State Duma deputy. The presidents can be elected, only since 35 years old, while the candidate must live on russian territory Not less than 10 years. There are no restrictions in all other restrictions, any capacity can be elected

The Company has passed a long way to universal electoral law, and it can be called a very important achievement of world civilization. Democracy allows the wide masses of the population to participate in political decisions, the active selective right applies not only to the elections to the power structures, but also on popular votes - referendums. They are held on the most important issues relating to the life of the whole society.

The electoral system was formed for several centuries, and its norms were constantly changing.

In Europe, the right to vote for a very long time did not apply to women, in parallel various national and property restrictions were introduced. Up to verse pores in many states or not all citizens can vote, or the voices of some are considered more valuable when taking into account results.

Restrictions on active election law

In legislation relating to the voting law, there is such a concept as a value - this condition in which a citizen may be allowed to vote. Many censes are currently absent in Russia, but exist in other states. Consider them in more detail:

1. Age qualities - restriction of the right to vote for persons under certain age. In most European countries, the 18-year-old frontier is decisive: from this age the right to vote are citizens of Britain, Italy, Germany, etc. In Switzerland and Japan, the age centers establishes Lanka at 20, in some countries of the Middle East, you can vote from 16 years. It is difficult to say which option is more correct: it is largely determined by the cultural and traditional features of the state. Interestingly, in almost all civilized countries, there is no upper age limit - you can vote and be elected to the power until the end of life.
2. Casis settling. This is a time limit in a certain area. In Russia, it does not apply to the active electoral right, but, for example, in France, settling values \u200b\u200bequal to six months have been established. In New Zealand, a citizen who lived in this district at least three months later receives the right to vote.
3. Educational qualifications - a phenomenon that occurred rarely. He involves restricting the right to vote depending on the level of education. In some countries, it applies to passive voting right. For example, in Brazil an illiterate person defeated rights Bull down in positions in elected authorities. There are countries in which a prerequisite for obtaining the right to vote is the ability to read, write and understand the Constitution.
4. Calz citizenship. Only persons who have the status of a citizen within a certain period are obtained to participate in elections. For example, the Congressman in the United States can not become if a person has a citizen status for less than 7 years, and the senator is less than 9.
5. Property Cents - Persons who do not have a certain amount or not paying tax fees are not allowed to participate in the elections. Now he is canceled almost everywhere, but before the beginning of the 20th century, he was very common in Europe. It was introduced in order to prevent the poor in the state of the state to manage the state, and all the power was actually concentrated in the hands of secured citizens.
6. Religious qualities. Until now, in many states, only persons professing a certain religion can participate in elections. For example, in Iran, citizens of non-Samulman religion cannot be elected to parliament.

At a certain period of history in the United States, there was racial qualities - elections were available only for the white population. Now the situation has changed in the root, the equality of all races was established almost all over the world. In the same way, almost everywhere is excluded restriction on sexual basis: women acquire equal political rights even in states with traditional patriarchal entry.

There is another restriction - the so-called moral qualification. In Russia, criminals are not allowed to participate in elections, that is, persons whose wines are proved by the verdict of the court sentenced to imprisonment. After serving the sentence, they are restored to civil rights And again they can elect and be elected.

In Mexico, citizens who use drugs cannot be voted in the Netherlands there are no election law parental rights. Such a value is intended to improve society so that only respectable citizens who are responsible for their decisions voted for new representatives of power structures.

Important concepts of the electoral system

No one is obliged to go to the election, but ... from one voice, sometimes a lot depends!

Direct and indirect voting law should be distinguished. In the first case, citizens have the right to directly choose the most suitable candidate for one position or other position. For example, according to such a system, the President of Russia is chosen, the same principle operates in most countries when choosing local authorities.

Indirect electoral law suggests that the opinion of the voter forms only a collegium, which then votes for the appointment to a position of one or another candidate. Indirect elections can be two- and three-speed, they are aimed at identifying the most competent candidates. For example, this practice is used in the presidential elections.

In almost all countries, the principle of secret voting is valid: the voter votes for a given candidate without external control, this makes it possible to exclude coercion and achieve the most honest choice of the electorate.

There are two more important concepts: free eligible law and plural vote: In the first case, every voter has an equal number of votes, in the second, the voice of some appreciates higher than the voice of others. Plural vote is designed to give special right to votes to minority: if some part of society is not a few, but more votes can be provided with her interests in elections. This makes it possible to avoid ignoring the opinions of a certain group and achieve maximum justice.

Participation in the elections: the right or debt of a citizen?

Even if only one person appeared on the polling station, the elections are considered spent

In Russia, go to the elections is not a duty, but the possibility: the electoral law is recognized free. However, such a system is not valid in all countries: in some states the law obliges citizens to participate in the political life of the country.

Such a system was called a mandatory question: if a citizen did not come to the elections, he must call good reason And confirm it. If it is not, then a large penalty is imposed on it, and in some cases even administrative arrest is possible.

Recently, in many civilized countries, abstensity is observed - this term denotes non-participation of citizens in the electoral process. At the same time, the minimum yard threshold is not: if at least one voter came to the site, the elections are still recognized as they consisted, and their result will be considered legal.

Because of this, the elections themselves may lose meaning: they take part in not the majority, but only a small group of conscious citizens, the interests of which may not coincide with the hopes of the majority. However, it is those who came to vote that decide that representatives of which parties will be, and, accordingly, the future of the whole society depends on this solution.

Although the participation in the elections is not a duty, every person must think about his role in the life of the state.

Democracy gave every citizen a chance to show his own position, and the secret ballot excluded any persecution of citizens for their beliefs. Coming to the elections, we get the opportunity to at least change your life for the better. It is important to remember that it is silence and briefing millions that causes the arbitrariness of units, and for any negative consequences All civil society is responsible.

Opinion of a lawyer expert:

The author outlined the material on the subject of the article, which gives an initial idea of \u200b\u200bthe electoral law as in the world and in modern Russia. Our voting right in the latest history of Russia is constantly changing from elections to elections. And this is called the improvement of the electoral system. You can present this process so. Value law in any country plays a very important role for both power and for the people.

Power shows how trusted by voters use their active election law, and the people show their political maturity. One of the most important indicators of this maturity is the voter turnout to cholees, or rather, if you say, the percentage of turnout. The attention of our readers should be paid, which, again, in any country, the laws write winners in the past elections or those who have some other way received power. Here we also have all the laws writes the ruling party. As you know - a single Russia. And it is natural, so everywhere, and it has already been noted.

Deputies of various levels each elections are chosen according to the new rules. At all, generally existed the rules of elections of our chosens exclusively on party lists. Now everything is done inverse, so that it is difficult to figure out. The last years of the new governors began to choose with a preliminary internship, otherwise they won't call it. It is understood that the President of Russia first appoints a temporarily acting governor, and then election. That is, he is several months old, or even a year or more, so to speak "stuffing his hand", earns authority in the region, at the same time with the higher authorities. And after that, it is simply impossible to win in the region. Such an approach to the implementation of electoral law is formally contrary to the interests of the voters themselves, but positively affects the stability of the executive.

There are two more noticeable flaws in electoral system our country. The first is the lack of opportunity for voters during voting voting "against all", although in the 90s such an opportunity was. And the second is the destination of the judges of all levels. And the result is the judiciary in our country is not elected by the people, but is appointed by the President of the Russian Federation, and the world judges are regional legislature. There was never such a situation in Russia before.

All that may interest you in the question "What is the voting law", you can find in the video material:

The voting law of a citizen is two types - active and passive. What does it characterize each of his varieties?

What is active polling law?

Active selective law expressed in the presence of a person the opportunity to vote on different elections - Nationwide, regional, municipalities. As a rule, it is in the adult inhabitants of the state. In Russia, all citizens aged 18 and older possess this right. It can be noted that in some countries the vote in the elections is not right, but the duty.

What is passive voting right?

Passive electoral law It is expressed in the presence of a citizen opportunity to become a candidate in certain elections. As a rule, restrictions on its implementation are significantly more than in the previous case.

For example, if a citizen of the Russian Federation intends to become a State Duma deputy, he may apply for participation in parliamentary elections only upon reaching 21 years. Similar centers are set for elections at the municipal level. The president has the right to become a citizen of the Russian Federation at the age of 35 and older, who also has to constantly live in his country for 10 years or more.

Comparison

The main difference between the active electoral law from the passive thing is that the first implies - a person will vote for someone, while the second means the opportunity to become a candidate for elections. In addition, the two types of election rights may differ in the rigor of the cencing to participate in people in elections - as voting or candidates.

Deciding what the difference between active and passive electoral right, fix its key criteria in a small table.