Restriction of Passive Electoral Rights in the Russian Federation

The direct subject of the study is the forms of restriction of the passive electoral right in the Russian Federation. The study aims to clarify not only the constitutional restrictions aimed at protecting public order and maintaining the rule of law, but also the unconstitutional ones, which are usually found due to unfair political competition. The purpose of the work is to analyze legislative acts that contain restrictions on passive voting rights and judicial practice in such cases. In the course of the work, a historical sketch, the main aspects of the concept of passive electoral law, as well as the direct restrictions established by Article 4 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of citizens of the Russian Federation" are considered. The structure of the work consists of an introduction, 2 chapters, 6 sub-paragraphs and a conclusion. The first sub-item examines the history of the formation of electoral legislation on the example of the elections to the State Duma of the Russian Empire at the beginning of the XX century, as well as the Soviet period of the history of Russia. The second sub-item examines the concept and subjects of passive electoral law, in particular the institution of electoral associations. The third subparagraph examines the system of principles of electoral law as the basis for the functioning of passive electoral legislation, in particular its compliance with the provisions on the basic principles of electoral law enshrined in international instruments. In the second chapter, all aspects of restricting the right of a citizen to be elected to an elected position are analyzed directly. The fourth sub-item examines the ways of restricting passive electoral rights, i.e. legal and political forms, and also examines in detail the grounds for restrictions that are enshrined in the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation". The fifth subparagraph analyzes the judicial practice on the issue under consideration. The sixth sub-item examines the effectiveness of remedies against restrictions on the right to stand for elective office. In conclusion, the problematic issues on this topic are formed and their solutions are proposed.