This article presents the definition and characterization of such concepts as active and passive suffrage. Their principles, substance and guarantees will be evaluated. The concept of suffrage in an objective and subjective sense will also be described.
Constitutional guarantees of the rights and freedoms of citizens
All principles of democracy related to the conduct and organization of elections are enshrined in a normative act such as the Constitution. The right to vote is represented by the legislative system, fixing the organizational system of state power, which is aimed at stabilizing political, legal and socio-economic processes. Also this type of law presented in the form of a legal framework for all types of democratic reforms.
The priority direction for the implementation of the reform of state legal significance is the optimization of the electoral system and law in general. The electoral system is the guarantor of the rights of citizens; it is also aimed at ensuring an appropriate level of electoral processes.
Guaranteed free elections are the means and conditions that provide voters with informed and real freedom of expression, protection of their interests and voting rights, protection of electoral blocs and associations.
The concept
The electoral rights of citizens occupy a significant place in the life of the state. Free elections are one of the legal ways to legitimize state power. For the successful solution of the set electoral tasks, the quality of the relevant legislation and the practice of conducting elections as a whole is of particular importance.
The electoral rights of citizens of the Russian Federation are the opportunity, enshrined in the Constitution, to elect, as well as be elected to work in government bodies, participate in election campaigning, nominate candidates, and monitor the election process and the work of the election commission. Also, this right provides an opportunity to set the voting results and determine the election results.
Subjective suffrage
The definition of this concept includes the constitutional rights of citizens of the Russian Federation, which imply participation in the conduct and establishment of election results, nomination of candidates, election campaigning and the work of election commissions.
All free and capable citizens, regardless of the grounds for acquired citizenship, national and racial affiliation, property and social status, language and education, the nature of political beliefs and occupations, or religion, have equal suffrage. Persons recognized by the court as incompetent and those held by sentence of the court in places of deprivation of liberty shall not participate in the elections.
In an objective sense
Objective suffrage is one of the sub-sectors of constitutional legislation, presented in the form of a set of legally significant norms aimed at regulating relations and actions that arise in the election process.
Sources of suffrage are:
- Federal laws.
- Constitution of the Russian Federation.
- Legislation of the constituent entities of the Russian Federation: charters of the territories, constitutions of republics, cities with federal significance.
In addition, the concept of suffrage covers a set of normative acts (regulates the election of the president and deputies), as well as the established customs on the basis of which elections are held. Customary law is also considered part of the electoral law system.
Active law
Active and passive suffrage is designed to regulate the legal relationship that develops between the state, voters and candidates. Active law is the inalienable right of the people to participate in elections and elect candidates to government bodies. Active electoral rights are vested in citizens who are territorially assigned within one of the constituencies.
A person’s stay outside the place of actual residence during the elections cannot serve as a basis for depriving him of his legal right to participate in them. Legislatively it is assumed that citizens who are outside their constituency during the election process are actively involved.
Passive law
Active and passive suffrage has a common feature, which is aimed at a person exercising his electoral powers.
Passive law secures a person’s ability to be elected to state authorities. For the implementation of passive voting rights, the legislation provides for certain conditions, which include the state of health of the candidate, the period of residence in the country. Passive law is limited by a higher age criterion than active.
Thus, a citizen's right to run for deputy comes after he reaches the age of 21, and it is possible to be elected president from 35 years old. Electoral rights are exercised on the basis of principles that have been established on the basis of internationally developed norms.
Principles
Active and passive suffrage are implemented on the basis of certain principles that are established and enshrined in law.
The Constitution lays down four fundamental principles for suffrage:
- Equality.
- Universality.
- Secret ballot.
- Direct election.
The principles of suffrage, expressed in equality, imply the following features:
- all voters express the right to vote on an equal footing, while making up a single electoral corps;
- voters have an equal number of votes;
- each deputy can be elected from the same number of voters, which means that each of the votes has an equal weight.
Single-member districts have an equal number of voters. Multi-member are formed with a different number of candidates - it corresponds in proportion to the number of voters. The principles of suffrage, which are expressed in universality, mean that participation in elections is granted to citizens of the Russian Federation who have reached the age established by law, to exercise their active and passive voter rights.
Secret ballot is a principle securing the right of citizens to leave their electoral will secret. In Russia, all levels of elections occur by issuing ballots. Direct elections mean the exercise of voting rights by direct voting. An example is the election to the State Duma.
The essence of the election
In modern society, elections are considered a procedure that ensures the participation of the people in the formation of legislative, representative, executive and judicial bodies. The implementation of all existing political rights of the people. Elections - this is one of the ways of democracy, the transfer of power through the will of the people.
There are presidential elections, parliamentary, nationwide presidential, in the Legislative Assembly, in local government. People primarily elect representatives who enjoy their trust.Thus, the power chosen by the people is recognized and legitimate.
Elections are seen as a form of control of the mass of the population over the ruling elite. If the government does not justify the interests of voters, they provide an opportunity to replace it and allow the opposition to take power (it, as a rule, is a critic of the existing government). On the other hand, the government also has the right to change the current political situation under the direct pressure of voters.
Guarantees of suffrage
The suffrage of the people is protected by law from any manifestation of discrimination. It is assumed that a citizen of the Russian Federation has the right not only to elect, but also to be elected regardless of nationality, race, gender, origin, language, official and property status.
Elections are mandatory, therefore, they are held within the deadlines established by law. Russian legislation regarding elections does not provide for linguistic, educational, property qualifications. The censure expressed in the previous election means that a person who has performed his authority for two consecutive convocations cannot be elected to state bodies. Thus, the Constitution establishes the procedure for electing the president, in which he cannot hold office for more than two consecutive terms.
The non-selectivity price means that some officials are not entitled to stand as candidates for election until they have resigned from their posts, which may contradict the performance of state powers (prosecutors, judges, governors).
Incompatibility means a ban on holding elected and public office at the same time. She cannot rule out the possibility of electing a person who holds a public position in one of the representative institutions.
Conclusion
Electoral law is an important branch of constitutional law, containing rules that govern the implementation of the electoral process. Under him, citizens can elect, as well as be elected. Voting rights are in very close relationship with the right to participate in government affairs.
Realization of the rights of the voter is interconnected with other constitutional freedoms and rights:
- with freedom of speech and thought;
- freedom to receive, search, transmit, distribute and produce information by all legal means;
- freedom of peaceful assembly, rallies, demonstrations.
Restrictions on passive suffrage are established by the Constitution and federal laws.