Constitutional Restrictions of Passive Electoral Right: Concept, Principles, Judicial Practice

This work is devoted to the study of passive electoral rights. The author analyzes the electoral restrictions – certain “electoral filter”, contributing to the stability of the political system. The aim of research is to study the theoretical issues of restrictions of passive electoral rights and practical moments through the positions of international and national courts. The tasks of the research: - consideration of the conception passive voting right and grounds for restriction of this right; - disclosure of the essence and content of the principles of limitation of electoral rights and freedoms; -analysis of the types of restrictions on voting rights; - analysis of domestic and international legal precedents. Limitations are possible, if they are not discriminative, but proportional and follow a legitimate aim. Otherwise, the federal legislature has a sufficient freedom to make exceptions from universal voting rights, because there are no wide range of constitutional statements about principles of limitations. From our point of view, this activity should have defined frameworks and be regulated by laws properly.