Legal positions of the Constitutional Court of the Russian Federation on the limitation of the rights of Russian citizens to participate in elections in connection with the presence of foreign citizenship or a residence permit on the territory of a foreign state (Krasinsky V.V.).

Trykanova S.A., Associate Professor of the Department of Theory and History of State and Law of the Faculty of Jurisprudence and Political Science, Senior Researcher at the Center for European Politics and Law of the Russian State University named after S.A. Yesenin.

The issue of exercising the electoral rights of foreign citizens in the elections of bodies local government is essential for the development of institutions of local elections and requires an integrated approach when considering.

The inclusion of Russia in the global network of flows of international migration and its transformation into a world center of mass movement of labor migrants lead to a whole range of problems in the socio-economic and political life of Russian society. One of the debatable issues of Russian legal and political practice is the possibility of exercising electoral rights by foreign citizens in elections to local self-government bodies.

Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens Russian Federation"(hereinafter - the current framework electoral law) already contained modified legislative formulations on the participation of foreigners in elections. on the territory of the relevant municipality, have the right to elect and be elected to local self-government bodies, to participate in other electoral actions in the indicated elections, and also to participate in a local referendum on the same conditions as the citizens of the Russian Federation.

As you can see, the proposed legal formula contained several short stories. First, for foreigners to participate in electoral actions, two, not three, as before, conditions were required - the conclusion of an international treaty and the adoption of a law. The second novelty can be considered the emergence of a norm directly allowing foreign citizens to take part in a local referendum.

In addition to the aforementioned features of the new legislative definition of the status of foreign citizens, it seems to us possible to single out another one. If earlier the law prescribed the participation of foreigners in elections "in accordance with international treaties Of the Russian Federation and the corresponding federal laws, laws of the constituent entities of the Russian Federation ", which allowed us to distinguish three permissible types of federal laws, then the new framework law uses a different wording:" On the basis of international treaties of the Russian Federation and in the manner prescribed by law ", foreign citizens participate in elections. That is, it is emphasized procedural aspect regulation of electoral relations. Therefore, it is the electoral law that is meant.

However, the Russian legal system adopted two more new federal laws confirming the rights of foreigners to participate in municipal elections. This refers to the Federal Law of July 25, 2002 N 115-FZ "On legal status foreign citizens in the Russian Federation ", which confirmed in Article 12 the right of foreign citizens permanently residing in the Russian Federation to elect and be elected to local self-government bodies, as well as to participate in a local referendum in the cases and procedure provided for by federal laws, as well as Federal Law of 6 October 2003 N 131-FZ "On the general principles of organizing local self-government in the Russian Federation", which stipulated in clause 1 of article 3 that "foreign citizens permanently or predominantly residing in the territory of the municipal in accordance with international treaties of the Russian Federation and federal laws ".

Is this repeated federal regulation of the same issue justified? Of course, if the norms of various legal acts complement and develop each other. However, is such consistency typical for the Russian legal system? We think not. Despite the presence in the domestic legislation of several norms on the problem under consideration, the participation of foreign citizens in municipal elections has a significant degree of uncertainty.

The contradiction of the three above-mentioned Laws is that they establish different requirements for the residence of foreign citizens in the territory of the municipality in order to vest them with electoral rights. The Law on the Legal Status of Foreign Citizens, along with the electoral framework law, establishes the principle of permanent residence in order to endow foreigners with the right to elect and be elected to local self-government bodies. The law on local self-government creates more favorable conditions - in fact, it gives electoral rights not only permanently, but also predominantly residing foreigners.

Despite the extreme importance of the institution in question and the extremely limited list of states whose citizens are allowed to participate in the political life of Russian municipalities, there are currently no unified statistics in the country on the number of foreigners who have exercised electoral rights. Of course, one cannot agree with the opinion of those researchers who emphasize the zero law enforcement effect of the considered norms of the framework electoral laws. At the same time, the reports of state bodies rarely cover this issue, and even then, as a rule, in connection with the illegal participation in the electoral process of the studied category of persons. A unique practice in this regard is characteristic of the Khabarovsk Territory. As follows from the report of the prosecutor's office of this constituent entity of the Russian Federation, in 2003, during the elections of deputies of the State Duma, in violation of the requirements of the legislation, citizens of Ukraine, Moldova, Kazakhstan, Armenia were included in the voter lists in the Vaninsky district, who, naturally, do not have an active right to vote when elections to bodies state power <1>.

<1>See: A.G. Golovin. The electoral law of Russia. M .: Norma, 2007.S. 37.

Of course, such a broad interpretation of the idea of ​​equality of rights of citizens in Russian conditions hardly justified. However, the granting of electoral status to foreigners at the municipal level should, in our opinion, be welcomed. At the same time, it is extremely important to maintain a balanced approach to the inclusion of "non-citizens" in the political system at the local level. Borrowing the experience of European integration, based on the idea " common house", preference should be given to citizens of the CIS member states. The cultural, legal, linguistic community of the inhabitants of the once united country will contribute to integrative processes even at the micro level, which is a municipal entity<2>.

<2>See: V.A. Ershov Fundamentals of the electoral law of the Russian Federation. M .: GrossMedia Ferral, 2008.S. 54.

To give vitality to the norms studied in this article Russian law first of all, their collision should be excluded. Since the fundamental issues of elections in our country are regulated by the framework electoral law, it is advisable to include in the laws on the status of foreign citizens and on local self-government a single rule stating that “the participation of foreign citizens in elections on the territory of the Russian Federation is regulated by Federal Law No. 67-FZ "On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation".

As for the political and legal practice of regulating the implementation of the electoral rights of citizens of the EU and countries of European integration, it also contains many contradictions.

Note that the documents of the European Union were mainly focused on the protection of the economic and personal rights of citizens and the recognition of the legal personality of the individual in the international arena. The Court of Communities in a number of its decisions emphasized that "the law of the community, regardless of the legislation of the member states, not only imposes obligations on individuals, but also endows them with rights that become part of their legal heritage." And only in the 1970s, were they officially included in such a legal heritage of individuals. political rights- in connection with the expansion of the powers of the European Parliament, direct general elections to this supranational European structure have been introduced. The Act on the Election of Representatives to the European Parliament by Universal and Direct Vote of 20 September 1976 reflected this principle of direct democracy.

However, despite the granting of political rights to individuals, the Act did not directly regulate the electoral rights of foreign citizens during elections of deputies to the European Parliament. Without excluding such a possibility (in Article 1 the issue of participation in the supranational elections of "representatives of the peoples of the states united in the Community" was resolved), the 1976 document ordered the acceding countries to establish the procedure for elections to the European Parliament by domestic legislation before the entry into force of a uniform electoral procedure developed by Parliament itself. That is, there was no detailed normative regulation of the electoral legal capacity of foreign citizens of the Community states located on the territory of another member of the Communities in European law until the early 1990s.

The procedural gap was filled by Council Directive No. 93/109 of December 6, 1993, directly devoted to the exercise of the right to elect and be elected in elections of deputies to the European Parliament for Union citizens who reside in those member states of which they are not citizens. The main criteria here are the determination of electoral legal capacity for legal acts country of citizenship; the notification nature of participation in elections, the possibility of restricting the electoral rights of EU citizens exercised at the place of permanent residence, the residency requirement of up to five years. The last rule permissible for the Union states in which there is a quantitative excess of EU citizens (except for citizens of the host country) 20% of the total number of voters. However, as V.I. Lafitsky, only Luxembourg used this right in the history of European elections.

Naturally, the norms of international and European law have influenced the modern national legislation of states, although no single formula for the electoral status of foreign citizens has yet been developed. There are various options on this issue - from the complete exclusion of foreigners from the electoral life of the state to the permission to participate in national elections. An example of the former is the experience of Brazil, whose Basic Law in Art. 14 establishes that foreigners cannot be registered as voters. The experience of the countries of the British Commonwealth is strikingly different from such a complete disregard for the influence of foreigners on domestic policy, which in some cases allows Commonwealth citizens to form the highest bodies of state power.

The participation of foreign citizens in elections is regulated by acts of different legal force of foreign legal systems. In some countries, at the highest constitutional level, there are prerequisites for the inclusion of foreigners in the number of voters. So, in Art. 51 of the Basic Law of Italy of 1947 provides that Italians who are not citizens of the Republic can be legally equated with citizens of the country in respect of holding elective office. Article 13 of the Spanish Constitution permits the granting of voting rights to foreigners on a reciprocal basis by treaty or law. However, it is more common to regulate the representation of foreigners by constitutionally detailed electoral legislation. Moreover, such regulation is often expansive. So, in order to detail the Spanish Constitution, Art. 6 of the Law "On the Rights and Freedoms of Foreigners Residing in Spain" 2000 not only confirms the electoral rights of foreign residents in municipal elections, but also guarantees the protection of the rights of those foreign citizens who cannot participate in local elections. It is on granting them the right to democratically choose their own representatives to take part in debates and decisions of the municipalities to which they belong<3>.

<3>See: Comparative suffrage: Textbook. manual / Scientific. ed. V.V. Maklakov. M .: NORMA, 2006.S. 100.

Thus, the issue of the implementation of the electoral rights of foreign citizens in the elections of local self-government bodies is of great importance for the development of the institutions of local elections and requires an integrated approach when considering.

A residence permit in Russia for foreign citizens gives many rights and freedoms. You can freely move within the country and abroad, get social guarantees and other rights, in particular to work, medical service... Let's take a closer look at whether there is a right of citizens in a residence permit to vote and freely express their will.

Residence permit - a number of advantages

A residence permit gives a citizen great rights:

• Right to work;
• For education;
• For medical care;
• For lending;
• For the formation of a legal entity;
• For the acquisition of real estate ownership;
• For retirement benefits.

Observing all the norms and laws of the country, any citizen can apply for citizenship in Russia after a residence permit. Then his rights will significantly expand.

Levels of power and the right to participate in their choice

According to the legislation of the Russian Federation, there are several types of government in the country:

• Legislative and Executive;
• Federal and municipal.

The federal government is the one that runs the country. Municipal - by city, town or district.

A foreign citizen who has received a residence permit in Russia has the right to vote only in local elections, that is, at the regional or municipal levels. Vote, for example. For the deputies of the State Duma, such a person cannot. In the same way, it is not allowed until the elections of the President of Russia, in which only citizens of the country who have reached the age of majority can participate. These provisions are spelled out in the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” and apply to foreign citizens permanently residing in the Russian Federation with a residence permit.

Based on the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum, Citizens of the Russian Federation" local authorities authorities.

According to paragraph 10, article 4 of this law, they are absolutely equal in participation in elections, like other voters who have citizenship. In addition, citizens with a residence permit can participate in referendums on an equal footing and on the same conditions as the indigenous people of Russia. This applies only to local elections - in cities, villages, towns and municipalities.

What are these rights based on?

The right to elect and be elected at the municipal level is based on international treaties between the Russian Federation and other countries. If international relationships between countries at the level, then there will be no obstacles to voting for representatives of these countries who have decided to obtain a residence permit in Russia.

What does a residence permit not give the right to?

Citizens with a residence permit in Russia do not have the right to elect and be elected to federal and state authorities, as well as to participate in referendums of the Russian Federation and its constituent entities.

This provision is spelled out in Article 12 of Federal Law No. 115. (File law).

Only by presenting a residence permit can one come to the polling station and vote for the selected candidate. Registration of temporary residence does not give such a right. Foreigners with temporary registration and temporary residence permit are not eligible to take part in any elections and referendums.

Who can be eligible to vote?

Before obtaining a residence permit in Russia, you must have lived in the country for at least a year and have a temporary residence registration. Or be:

• Political refugees;
• Former citizens of the Russian Federation;
• By native speakers;
• By the participants State program on voluntary resettlement;
• Highly qualified specialists invited to Russia.

Then the scheme for obtaining a residence permit and the right to vote and be elected to local authorities will be simplified. All other categories of citizens or stateless persons undergo a general procedure for obtaining - first a temporary residence permit, then a residence permit. Prepare a standard package of documents for submission to migration service:

1. Passport translated into Russian, notarized;
2. A copy of the migration card;
3. A document confirming that you are a native speaker;
4. Participation in the state program;
5. Temporary residence registration document;
6. Medical certificate with marks of a narcologist, a tuberculosis dispensary, a laboratory about the absence of HIV infection in the blood;
7. A document on the successful passing of exams in the Russian language, the legislation of the Russian Federation and the history of Russia;
8. Receipt of payment of state duty;
9. Certificate confirming monthly income (2-NDFL from the last job or other documents);
10. 4 photographs 35 x 45 mm;
11. Taxpayer identification number.

Important! The list of documents in different regions can be expanded, it is necessary to find out in advance at the place of residence at the Main Directorate of the Ministry of Internal Affairs or at the Federal Migration Service of the city and region where you plan to live.

Case studies

Ekaterina: “I decided to vote in Khanty-Mansiysk in the elections to the City Duma. I have had a residence permit for 2 years. There were no problems, I was on the list - at the place of registration. The procedure for my voting was no different from that of all other residents of the city. I am going to apply for citizenship, so I am not indifferent to who will come to power in the city. "

Konstantin: “I have a residence permit from Georgia. I never went to the polls. And then I decided to go to vote for the President of the Russian Federation. I was not on the lists. At the polling station, they explained that only citizens of the Russian Federation can vote for the first person of the country. What. You have to become a citizen. "

Question answer

Danil: "I don't understand why non-citizens of our country can take a seat in our village council?"

Anatoly Kirillov, lawyer: In accordance with clause 12 of Federal Law No. 115, citizens with a residence permit can run for positions in local government bodies. The question is different. If you are against, then as a citizen of the Russian Federation you must express your will in the vote. Then this candidate, if the majority is against, will not take this post. A stateless foreigner, but with a residence permit, can nominate himself for local government, but cannot participate in the elections of the federal government and the President, also serve in the army, hold a public office. These plans can be realized when this candidate receives Russian citizenship.

Common mistakes

Anatoly Kirillov, lawyer: Despite the fact that a residence permit gives the right to vote and even run for elections at the regional level. Do not forget about a number of other restrictions:

• Work in secret enterprises;
• At defense enterprises;
• Enter the crews of ships under the Russian tricolor;
• Be the captain of an aircraft in civil aviation;
• Visit closed cities and territories.

Some respondents complain that a residence permit is no different from their rights and obligations, that is, those who are from birth a citizen of the Russian Federation. Far from it. Foreigners have much fewer rights and more responsibilities. For example, they must notify the migration service about their presence in the Russian Federation once a year. In accordance with the regulatory documents, each holder of a residence permit periodically informs the migration service that he has not left anywhere, continues to live in the Russian Federation, is provided with housing and a regular income. All this is confirmed by documents and certificates. If at least one document is missing, the foreigner can be deported for 3 months or fined. Upon his return, he will have to start all over again - with registration of temporary residence registration.

Anatoly Kirillov, lawyer: If you want to become a full-fledged citizen of Russia, then follow all the laws of our country, go through the procedures for issuing certain acts on opening a temporary residence permit, residence permit and citizenship in time. Do not violate the law and order on the territory of the Russian Federation. Then, after 5 years of residence permit, you will receive citizenship and you can fully participate in the legislative and executive power federal level. You can also nominate yourself for a particular post or position.

As already noted, Article 32 of the Constitution of the Russian Federation guarantees the right of citizens of the Russian Federation to elect and be elected to bodies of state power and bodies of local self-government. it constitutional right of citizens represents a guaranteed legal opportunity for every citizen to participate in elections as a voter, that is, a person voting in elections, as well as to run as a candidate for deputy or candidate for an elective office. The electoral rights enshrined in the Constitution are basic, basic and are ensured by a number of specific rights of citizens focused on certain stages of the electoral process (formation of electoral districts, formation of election commissions, compilation of voter lists, nomination and registration of candidates, campaigning, voting, etc.). The use of these powers by citizens allows them to freely exercise their constitutional right to elect and be elected. The entire set of specific electoral rights of citizens is disclosed in federal laws, laws of the constituent entities of the Russian Federation. The most important of these rights and their guarantees are established 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 constitutional electoral right of citizens consists of two rights: active electoral right and passive electoral right.

Active suffrage citizens means the right to elect to government bodies and to elected bodies of local self-government. It arises when a citizen reaches 18 years of age and there are no circumstances precluding, in accordance with part 3 of Article 32 of the Constitution of the Russian Federation, the participation of citizens in elections (incapacity, being in places of imprisonment by a court verdict). Federal laws do not provide for other restrictions on the exercise of active suffrage by a citizen.

Active suffrage is exercised by voting of a citizen in elections in the Russian Federation. The most important prerequisite for the implementation of active suffrage is the inclusion of a citizen in the voter lists.

Passive suffrage denotes the right of citizens of the Russian Federation to be elected to government bodies and to elected bodies of local self-government. The basic conditions for the exercise of passive electoral rights are the same as for active ones: citizens cannot be elected to government bodies and local self-government bodies, recognized by the court incapacitated, or citizens held in places of deprivation of liberty by a court verdict.

The history of the development of electoral law is such that the recognition of both passive and active electoral rights for a citizen was made dependent on a significant number of various kinds of qualifications. These were property, sex, educational, estate qualifications.

The Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" established that a citizen of the Russian Federation can elect and be elected regardless of gender, race, nationality, language, origin, property and official status, place of residence, relationship to religion, beliefs, membership of public associations, as well as other circumstances.

In accordance with the world practice of holding democratic elections, it is generally accepted that for election to some representative bodies and the occupation of a number of elective positions for candidates may be established certain increased requirements (qualifications) associated with reaching a certain age, as well as the duration of residence in the relevant territory. For the exercise of passive suffrage, the most common is the use of the age limit.

The Constitution of the Russian Federation and federal laws establish increased age requirements for candidates and some other conditions for the exercise of passive suffrage by citizens. Thus, according to Article 81 of the Constitution of the Russian Federation, a citizen of the Russian Federation at least 35 years old who has permanently resided in the Russian Federation for at least 10 years can be elected President of the Russian Federation. In accordance with Article 97 of the Constitution of the Russian Federation, a citizen of the Russian Federation who has reached the age of 21 can be elected a deputy of the State Duma.

The Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (Clause 8, Article 4) provides that the laws of the constituent entities of the Russian Federation may establish additional conditions for the exercise by a citizen of the Russian Federation of passive suffrage associated with the achievement of a citizen of a certain age. At the same time, the established minimum age of a candidate cannot be less than 21 years old in elections to the legislative (representative) body of state power of a constituent entity of the Russian Federation, 30 years old? in the elections of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity of the Russian Federation) and 21 years old? in local elections.

As noted in Chapter 1, the implementation of the passive electoral right of citizens when holding elections to bodies of state power of the constituent entities of the Russian Federation depends on the peculiarities of the organization of state power in the constituent entities of the Federation. First of all, we are talking about the establishment by the legislation of the constituent entity of the Russian Federation of the maximum number of terms for the election of the highest official of the constituent entity of the Federation (the head supreme body executive power of a constituent entity of the Federation) in accordance with the Federal Law "On General Principles of Organization of Legislative (Representative) and executive bodies state power of the constituent entities of the Russian Federation ”. These restrictions are aimed at the most complete implementation of the principle of government by the people, which implies periodic rotation of the heads of government bodies.

Prior to the adoption in 1997 of the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation" in accordance with the previously effective Federal Law "On Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation" of 1994 from legislators of the constituent entities of the Russian Federation there was a possibility of establishing the so-called "compulsory residence terms" in the respective territory as a condition for acquiring passive electoral rights. Restrictions of this kind are also called residency requirements. According to Article 4 of the Federal Law of 1994, the period of compulsory residence could not be less than one year. In practice, in some constituent entities of the Federation, these deadlines were not observed. The later adopted Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" established that the residency requirement is applicable only in cases provided for in the Constitution of the Russian Federation. As you know, the Constitution provides for such a possibility only in relation to the elections of the President of the Russian Federation. Thus, in other elections, citizens of the Russian Federation can run as candidates regardless of their place of residence. At present, the practice of politicians living in Moscow running in elections in the constituent entities of the Federation has become very widespread. There are no restrictions for this in accordance with the law.

Passive suffrage arises for a citizen not from the moment of his registration as a candidate, but belongs to every citizen of the Russian Federation who meets the requirements contained in federal laws and laws of the constituent entities of the Russian Federation.

Unlike active suffrage, the exercise of passive suffrage by a citizen does not depend only on the will of the citizen. Election of a citizen to government bodies and local self-government bodies is possible if a specified number of voters vote for his candidacy. The state guarantees citizens only equal opportunities to be elected to government bodies and local government bodies.

The conditions for exercising passive suffrage should be distinguished from restrictions related to the incompatibility of a deputy mandate or an elective position with the implementation of certain activities... These restrictions are established in the Constitution of the Russian Federation, constitutions and statutes of the constituent entities of the Russian Federation, federal laws and laws of the constituent entities of the Federation. These restrictions are not directly related to the exercise of passive electoral rights by citizens. A citizen who is a deputy, who holds a certain position or is engaged in a certain activity, may not be hindered in the exercise of his passive electoral right. Only after a citizen is elected as a deputy (elected official), restrictions on his occupation of the relevant position or on the implementation of certain activities come into force. A person elected as a deputy or to an elective position, after his election, must vacate the post or cease activities, which, according to the law, are incompatible with the status of a deputy, an elected official.

The consequences of not complying with the incompatibility requirements are serious. In accordance with paragraph 6 of Article 70 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" of the election results does not submit to the election commission a copy of the order (decree) to release him from duties incompatible with the status of a deputy, an elected official, or copies of documents certifying the submission of an application for release from these duties within the prescribed period.

What is the volume of restrictions associated with the incompatibility of the deputy mandate, the occupation of an elective office? According to Article 97 of the Constitution of the Russian Federation, one and the same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A deputy of the State Duma cannot be a deputy of other representative bodies of state power and bodies of local self-government. Deputies of the State Duma cannot be in the public service, engage in other paid activities, except for teaching, scientific and other creative activities.

Somewhat different conditions for the incompatibility of the deputy mandate are provided for the deputies of the legislative bodies of the constituent entities of the Russian Federation. These features are due to the fact that in accordance with the constitution (charter) and laws of the constituent entities of the Federation, deputies can perform their duties both on a professional basis and without interrupting their main activities. According to the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of Subjects of the Russian Federation" (Article 12), during his term of office, a deputy cannot be a deputy of the State Duma of the Federal Assembly of the Russian Federation, a judge, or replace other public office in the Russian Federation, state posts of the federal state service, other state posts of a constituent entity of the Russian Federation or state posts of state service of a constituent entity of the Russian Federation, as well as elective municipal posts and municipal posts of municipal service, unless otherwise provided by Federal Law. In addition, the Federal Law provides that if the activity of a deputy is carried out on a professional permanent basis, the said deputy cannot engage in other paid activities, except for teaching, scientific or other creative activities.

With regard to the highest official (the head of the highest executive body of state power) of the constituent entity of the Russian Federation, the above-mentioned Federal Law also established similar restrictions. The said official of the power of a constituent entity of the Russian Federation cannot be simultaneously a deputy of the legislative (representative) body of state power of the constituent entity of the Russian Federation, a deputy of a representative body of local self-government, cannot engage in other paid activities, except for teaching, scientific and other creative activities.

The restrictions associated with the incompatibility of being in the civil service with the deputy mandate mirror the requirements for the incompatibility of the deputy mandate. They are formulated in the Federal Law "On the Foundations of the Civil Service of the Russian Federation". According to Article 11 of this Federal Law, a civil servant is not entitled to:

to be a deputy of the legislative (representative) body of the Russian Federation, legislative (representative) bodies of the constituent entities of the Russian Federation, local government bodies.

Federal legislation also establishes rules for the incompatibility of being in municipal service with a deputy mandate, holding an elective office. According to Article 11 of the Federal Law "On the Fundamentals of Municipal Service in the Russian Federation", a municipal employee is not entitled to:

engage in other paid activities, except for pedagogical, scientific and other creative activities;

be a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of a legislative (representative) body of a constituent entity of the Russian Federation, a deputy of a representative body of local self-government, a member of other elected bodies of local self-government, an elected official of local self-government.

The principles of electoral law.

The principles of electoral law are understood primarily as universal, equal and direct suffrage by secret ballot. In addition, the principles of electoral law include the holding of elections on a periodic basis and the free expression of the will of citizens. These principles were developed by centuries of world experience in the development of democratic institutions and were embodied in the most important international legal documents 2.

In the Constitution of the Russian Federation principles of universal, equal and direct suffrage by secret ballot disclosed only in relation to the elections of the President of the Russian Federation (Article 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.

V in full All of the above principles of electoral law are disclosed in detail in the provisions of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" as mandatory for all elections in the Russian Federation.

The principle of holding free and periodic elections to state authorities and local self-government bodies is enshrined in the preamble of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation." It should be noted that principle of free expression of the will of citizens in 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. Carrying out free elections first of all, it is ensured by their alternativeness, the possibility of participation in them by various political parties and candidates holding various political positions, equal access of candidates to public media, the ability of citizens and public associations to freely conduct election campaigns, monitor voting and vote counting. The freedom of expression of the will of citizens is also complemented by the voluntariness of their participation in elections. Participation in elections is a right, not an obligation, of citizens of the Russian Federation 3. Actions aimed at forcing a citizen to participate or not to participate in elections are equally illegal.

Citizens' voting in elections is free, that is, each voter votes in accordance with his inner conviction. The law establishes the inadmissibility of influencing the free expression of the will of voters.

Frequency of elections ensured by the timely holding of elections after the expiration of the term of office of state authorities and local self-government bodies.

In accordance with the Constitution of the Russian Federation terms of office The President of the Russian Federation and the deputies of the State Duma are 4 years old. The terms of office of the highest official (head of the executive branch) of the constituent entity of the Federation and the once-elected deputies of the legislative bodies of the constituent entities of the Federation are established by the constitution (charter) and laws of the constituent entities of the Russian Federation. However, in accordance with the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” and the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” they cannot exceed 5 years. According to the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation", the terms of office of elected bodies of local self-government cannot be less than 2 years. The Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (Article 8) establishes the maximum term of office of local government bodies and deputies of representative bodies of local government equal to 5 years.

When early termination the powers of the state authority or local self-government body must ensure the timely holding of new elections. If elections are not called within the established time frame by an authorized state body or local self-government body, elections are held by an election commission of the appropriate level. If this "safety mechanism" does not work, then in accordance with the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" blocks, government bodies, local government bodies, the prosecutor are appointed by the court. The frequency of elections to local self-government bodies is also ensured in accordance with the Federal Law "On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies."

The guarantee of the holding of periodic elections is that the state authorities and local self-government bodies cannot arbitrarily renew their powers, including in such a way as holding a referendum on the extension of powers. Federal constitutional law"On the Referendum of the Russian Federation" and the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" officials, and also prohibit by means of a referendum to form the composition of the elected bodies of power, to approve elected persons for office. The impossibility of the democratic formation of elected government bodies through a referendum is explained by the fact that this form of direct democracy has a fundamentally different purpose than elections. Its use for the purposes of forming government bodies and local self-government bodies does not provide alternative candidates, competitiveness of political parties. Thus, the expression of the will of citizens loses its free and, consequently, democratic character.

Universal suffrage. The right to vote was not always universal, that is, it belonged to every adult citizen. As a rule, the right to elect and be elected was conditioned by a significant number of different qualifications. The most widespread were property qualifications, residency qualifications. Until the middle of the twentieth century, women were completely excluded from participation in elections in most countries of the world 4.

In the Russian Federation, citizens acquire an active right to vote upon reaching the age of 18. The right to vote does not belong to foreigners and stateless persons living in Russia.

The only exception is the one stipulated by the Federal Law “On Basic Guarantees of Electoral Rights. »An opportunity for foreign citizens permanently residing in the territory of the respective municipality to take part in elections to local self-government bodies. However, such a right arises only if it is stipulated in an international treaty between the Russian Federation and the corresponding state.

Federal Law “On Basic Guarantees of Electoral Rights. »Establishes the inadmissibility of restrictions on the electoral rights of citizens depending on gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations. This prohibition follows from Article 19 of the Constitution of the Russian Federation, which guarantees equality of human and civil rights and freedoms, regardless of the above circumstances.

As already noted, citizens who have been declared legally incompetent by a court, or citizens held in places of deprivation of liberty by a court verdict, do not have a passive and active electoral right. These restrictions for a citizen are temporary in nature: a citizen's electoral rights are restored in full after his release from the places of imprisonment where he served his sentence by a court verdict, or after the citizen is recognized as legally capable by a court decision.

According to article 29 of the Civil Code of the Russian Federation, a citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, can be declared incompetent by a court in the manner established by the Civil procedural code... Citizens suffering mental illness, but not recognized by the court as legally incompetent, participate in elections on an equal footing. Any restrictions on their electoral rights contradict the Constitution of the Russian Federation and the Federal Law “On Basic Guarantees of Electoral Rights. ".

Persons held in places of deprivation of liberty by the person who entered the elections do not participate in elections. legal force the verdict of the court. Persons in custody pending the entry into force of a court verdict have the right to elect and be elected. Citizens who are in a pre-trial detention center and a temporary detention center for administrative offenses, as well as those detained or arrested on suspicion of committing a crime, also have the right to elect and be elected. The implementation of certain electoral actions by these persons (participation in pre-election events, visits to election commissions, etc.) is limited due to the fact that these persons are in custody.

Regardless of the place of residence of the citizens of the Russian Federation, their electoral rights are ensured equally. This principle fully applies to citizens of the Russian Federation living outside its borders. The main responsibilities for creating conditions for participation in elections for citizens of the Russian Federation residing outside its borders lie with the diplomatic and consular institutions of the Russian Federation. These institutions register (register) voters on their territory, provide the necessary organizational assistance to precinct election commissions formed abroad and perform other important functions that allow citizens of the Russian Federation living outside its borders to exercise their constitutional electoral rights.

The principle of equal suffrage applies equally to the exercise of both passive and active suffrage. With regard to passive electoral law, it manifests itself in the establishment by laws of equal legal conditions for all citizens to be elected to public authorities and local governments and to create state guarantees realization of these possibilities. This principle is also manifested in the legislative norm on the equality of the status of all candidates, electoral associations, electoral blocs.

Equality of active suffrage of citizens consists in ensuring equal weight of the vote of each voter in elections to a government body or local government body. Federal Law “On Basic Guarantees of Electoral Rights. »Establishes that voters participate in elections on an equal footing. To this end, the electoral laws ensure that all voters have an equal number of votes when voting in the same constituency, and when elections to representative bodies are held, constituencies with approximately equal numbers of voters are formed. The law establishes the maximum deviation (in percentage) from the average rate of voter representation in a particular constituency.

Direct suffrage means direct voting of citizens for or against a candidate (list of candidates). Indirect suffrage is a multi-stage formation of an elected body, when candidates for this body are not directly voted for by voters, but by elected electors in a certain way 5.

Voting on general rule takes place in specially equipped closed voting booths or other places (in case of voting outside the voting premises). In all cases, members of election commissions and other persons present during the voting shall not have the right in any way to influence the expression of the will of a citizen. The secrecy of the vote is ensured by the fact that the data on how a particular citizen voted cannot be determined. For this, clear procedural rules are envisaged: all ballots have a standard form and are placed in sealed ballot boxes.

2 For more on this, see Chapter 1 of this book.

3 In some countries, such as Australia, it is established that citizens are required to vote. For violation of this obligation, a citizen may be fined. However, this kind of practice is generally an exception to the general rule of free voter turnout in elections.

4 It should be noted that in Switzerland electoral rights were granted to women only in 1971 as a result of a referendum.

5 By indirect elections, in particular, the President of the United States is elected. In the election of their president, US citizens vote for the states' presidential electors, and they, in turn, in accordance with the will of the voters, cast their votes for this or that candidate.

www.democracy.ru

Electoral rights of foreign citizens in the Russian Federation

It is customary to distinguish between the concept of electoral law in the objective and subjective sense.

In an objective sense, electoral law is understood as a set of legal norms governing public relations arising from the election of officials and representative bodies, as well as a referendum.

In accordance with the Federal Law of June 12, 2002 No. 67-FZ "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", suffrage in the subjective sense is the constitutional right of citizens of the Russian Federation to elect and local self-government bodies, as well as the right to participate in the nomination of candidates, lists of candidates, in the pre-election campaign, in the observation of elections, the work of election commissions, including the determination of voting results and determination of election results, in other electoral actions. All capable and free citizens of the Russian Federation, regardless of the grounds for acquiring citizenship, social and property status, race and nationality, education and language, attitude to religion, nature of occupation and political convictions and other circumstances, have the right to vote. Persons declared legally incompetent by the court, as well as those held in places of deprivation of liberty by a court verdict, cannot participate in elections.

The right to vote is objectively divided into active and passive.

Active suffrage is the right of citizens who have reached the age of 18 to participate in any election as a voter.

Passive suffrage implies the possibility of a citizen to be elected to any state and local government body, but additional conditions are established for the exercise of passive suffrage: mandatory time residence in a certain territory, health status, etc. Passive suffrage may be limited by a higher than active, age criterion. So, the right of a citizen to be elected as a deputy State Duma comes upon reaching the age of 21, the President of the Russian Federation - from the age of 35.

The electoral rights of citizens are exercised on the basis of globally recognized principles: universality, equality, immediacy and secrecy of the vote.

A referendum is understood as a vote of citizens on bills, laws in force and other most important issues. state significance... Citizens' right to a referendum is not exhausted only by the right to vote; they have the right to demand the appointment of a referendum on a vital issue for them.

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Similar pages found: 10

Electoral rights of citizens

Financial Dictionary Finam.

See what "Citizens' electoral rights" are in other dictionaries:

The constitutional right to elect (active suffrage) and be elected (passive suffrage) to government bodies and elected local government bodies, as well as the right to participate in the nomination of candidates, lists ... ... Legal encyclopedia

Electoral rights of citizens- 28) electoral rights of citizens the constitutional right of citizens of the Russian Federation to elect and be elected to state and local government bodies, as well as the right to participate in the nomination of candidates, lists of candidates ... Official terminology

Electoral rights of citizens- the constitutional right of citizens of the Russian Federation to elect and be elected to state and local government bodies, including to participate in the nomination of candidates (lists of candidates), election campaigning, ... ... Glossary of legal concepts

Electoral rights of citizens- citizens of the Russian Federation to elect and be elected to and, inter alia, participate in the nomination of candidates (lists of candidates), election campaigning, observation of elections, the work of election commissions, including the establishment of ... ...

ELECTORAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION- the constitutional right to elect (active suffrage) and be elected (passive suffrage) to government bodies and elected local government bodies ... Encyclopedic Dictionary of Economics and Law

ELECTORAL RIGHTS- the rights of citizens, guaranteeing them the opportunity to elect and be elected to bodies of state power and bodies of local self-government. I. p. citizens consist of the following two subjective rights: a) the right to elect their representatives to the elective ... ... Encyclopedic Dictionary "Constitutional Law of Russia"

Electoral rights- (English voting rights) according to the legislation of the Russian Federation on guarantees of I. p. and the right to participate in a referendum, the constitutional right of citizens of the Russian Federation to elect and be elected in ... Encyclopedia of Law

Electoral rights- (English voting rights) according to the legislation of the Russian Federation on guarantees of I. p. and the right to participate in a referendum, the constitutional right of citizens of the Russian Federation to elect and be elected to state and local government bodies, incl. participate in the nomination ... ... The Comprehensive Legal Dictionary

Administrative responsibility for violation of the electoral rights of citizens and the right of citizens to participate in a referendum - responsibility for committing certain violations of the legislation on elections and referendums, provided for by the Code of Administrative Offenses of the RSFSR and other federal laws. Establishment of administrative responsibility for violations of electoral legislation and ... ... Russian electoral law: a dictionary-guide

Criminal liability for violation of the electoral rights of citizens and the right of citizens to participate in a referendum - the responsibility provided for by the Criminal Code of the Russian Federation for committing crimes that violate the rights of citizens to participate in a referendum. Criminal liability arises for committing socially dangerous violations of the legislation on elections and referendums, ... ... Russian electoral law: a dictionary-guide

Electoral rights of a citizen in the system of the Russian Federation (page 1 of 7)

Federal Agency for Education

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on the topic: "Electoral rights of a citizen in the system of the Russian Federation"

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1.2 Evolution of electoral law in the Russian Federation

Chapter 2. Realization of civil rights

2.1 The concept and methods of exercising civil rights

2.2 Normative consolidation of the limits of the exercise of civil rights.

2.3 The principle of discretion in the exercise of civil rights.

Chapter 3. Responsibility for violation of electoral rights of citizens

3.1 Administrative responsibility for violation of the electoral rights of citizens and the right of citizens to participate in a referendum

3.2 Criminal liability for violation of the electoral rights of citizens and the right of citizens to participate in a referendum

List of used literature

The 1993 Constitution of the Russian Federation, adopted by popular vote, contains the fundamental principles of democracy related to the organization and conduct of elections and characterized by supreme legal force, direct action and application throughout the country. Being the fundamental basis of the legal system, the Constitution consolidated the democratically organizational system of power, stabilized the corresponding socio-economic and political-legal processes, constituted federal state and its institutions in their new capacity, has become the legal basis for the further implementation of democratic reforms, including state and legal.

One of the priority directions of the implementation of the state legal reform is the improvement of the electoral law and the electoral system.

The electoral system is capable of generally guaranteeing the electoral rights of citizens, ensuring an appropriate level of the electoral process even in the face of an uncompromising pre-election struggle. The guarantees of freedom of elections are the conditions and means that provide voters with real, conscious and responsible freedom of expression, as well as protection, protection of the interests and electoral rights of citizens, electoral associations and blocs.

In ensuring these political rights, an important role is assigned to the internal affairs bodies, their activities to create conditions for the implementation of the electoral rights of citizens, the protection and protection of these rights from criminal and other encroachments, regulated by the system of normative legal acts and carried out by criminal, civil and by administrative and legal means.

The purpose of the course work is to analyze the electoral right of citizens in the system of the Russian Federation, as well as constitutional guarantees of the rights and freedoms of citizens.

This goal is realized in the work based on the solution of the following tasks:

to reveal the concept and content of electoral law;

describe the main electoral systems of our time and the peculiarities of electoral law in the Russian Federation;

study the main aspects of the implementation of electoral rights and guarantees of citizens of the Russian Federation.

The object of the research is the electoral law of Russia.

The subject of the research is the constitutional and legal aspects of the implementation of the electoral rights of citizens of Russia.

The legal basis is the Constitution of the Russian Federation of 1993, federal laws, Decrees of the President of the Russian Federation, decisions of the Constitutional Court, monographs and scientific articles devoted to this problem.

Chapter 1. Constitutional guarantees of the rights and freedoms of citizens

1.1 Correlation between the norms of international law and chapter 2 of the Constitution of the Russian Federation

It is in it, according to the logic of construction, that the first article proclaims the foundations of the structure of society, on which the rights and freedoms of man and citizen, a member of this society, are proclaimed already in the second article of the Constitution, and the second chapter of the Basic Law of the Russian Federation is entirely devoted to this legal institution... “Man is recognized as the source of his freedom, which does not exist by the consent of the state. The possession of rights and freedoms, which the state cannot encroach on, provides an individual with the opportunity to be an independent subject, capable of asserting himself as a worthy member of society ”

The content of Chapter 2 of the Constitution of the Russian Federation corresponds to the generally recognized list of rights and freedoms in international law. Russia's accession to the Council of Europe on January 15, 1996 and the adoption, among others, of a provision on the need to ratify the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Protocol No. regarding cancellation death penalty in peacetime. Part of the conditions for joining this an international organization Russia has already fulfilled, part of it is in the process of being adopted, as this process requires revision of some normative legal acts.

Following the provision of the “Universal Declaration of Human Rights”, adopted by the UN General Assembly on December 10, 1948, that “all people are born free and equal in their dignity and rights. They are endowed with reason and conscience and must act towards each other in a spirit of brotherhood ", the Constitution of the Russian Federation of 1993 proclaims that" fundamental human rights and freedoms are inalienable and belong to everyone from birth. "

It is important to note that the Constitution recognizes rights and freedoms as fundamental, without providing for their division into more or less significant. This confirms their equivalence.

The constitution defines the basic properties of rights and freedoms:

Inalienability - i.e. none of the rights can be withdrawn by the state or limited in scope without specifying these restrictions (only in strictly established cases - on the basis of the Constitution and the law). In addition, a person cannot take responsibility towards anyone not to exercise his or her right or a set of rights (Article 60 of the Constitution of the Russian Federation).

Natural character - i.e. the moment of emergence of fundamental rights coincides with the moment of a person's birth.

At the same time, the exercise of the rights and freedoms of the individual should be based on the principle of respect for the rights and freedoms of others - this is declared in Part 3 of Art. 17 and part 1 of Art. 55 of the Constitution of the Russian Federation, since no society can provide a person with excessive freedom.

Thus, the necessary balance of any civil society is established, in which everyone, having the rights and freedoms of man and citizen, is protected by the state from encroachment on them.

Nevertheless, speaking about fundamental rights and freedoms, one cannot but say that, unlike basic personal rights, which by their nature are inalienable and belong to everyone from birth as a person, political rights and freedoms are associated with the possession of the citizenship of the state. “Every citizen of the Russian Federation has all the rights and freedoms on its territory and bears equal obligations stipulated by the Constitution of the Russian Federation” - this provision defines a stable legal relationship between a person and the state, as defined by the international Covenant “On Civil and Political Rights”: “Everyone participating in the present Under the Covenant, the State undertakes to respect and ensure to all persons within its territory under its jurisdiction the rights recognized in the present Covenant, without distinction of any kind .... ” ...

In accordance with Article 6, Part 2 of the Constitution of the Russian Federation, a citizen, and not any other person, has on the territory of the Russian Federation all the rights and freedoms provided for by the Constitution. In other words, all the basic rights of citizens of Russia differ from other rights and obligations by the basis of their occurrence - belonging to the citizenship of the Russian Federation.

As subjects of law, we can consider persons with the following statuses:

PERSON WITHOUT CITIZENSHIP

Legislation defines citizenship as “a stable legal relationship between a person and the state, expressed in the aggregate of their mutual rights, duties and responsibilities, based on the recognition and respect for dignity, fundamental human rights and freedoms. " ... This provision determines the importance of belonging to citizenship, since only in this case there are rights and freedoms protected by the state, wherever the citizen is.

In addition, very important point v this definition is that it is the recognition by the state and the willingness to protect rights and freedoms that characterize the state as democratic and legal.

In addition, citizens of the Russian Federation, in comparison with other persons legally located on the territory of the Russian Federation, are endowed with the rights in the field of implementation political power... For example, only citizens can elect and be elected to the representative bodies of the Russian Federation and its constituent entities. In other words, "personal rights" - to everyone, "political" - to citizens.

The connection between political rights and citizenship does not mean, however, that political rights are secondary and derived from the will of the state. Citizenship and the rights and obligations associated with it, having arisen (by birth or in accordance with the procedure established by the Law), last until the death of the citizen occurs or cease in another legal way.

2. Electoral rights of citizens

The Constitution of the Russian Federation says that citizens of the Russian Federation have the right to elect and be elected to local government bodies (Article 32).

Taking part in municipal elections, we determine which of the candidates, in our opinion, is able to represent the interests of the population (our interests) in the elected bodies of local self-government in the best way.

Municipal elections, as well as elections for federal level are carried out on the basis of general principles electoral law of Russia. These principles include: universal suffrage, equal suffrage, direct elections, secret ballot.

The right to declare one's choice (electoral right) cannot be limited depending on gender, race, nationality, language, origin, property and official status, attitude to religion, beliefs, membership of public associations, as well as other circumstances (Article 4 Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" N55-FZ of March 30, 1999).

1. Who can participate in elections (deputies, heads of municipalities, etc.)?

First, in order to be eligible to participate in elections, a Russian citizen - a voter - must be at least 18 years of age. Secondly, citizens who have been declared legally incompetent by a court or are held in places of imprisonment by a court verdict do not have the right to elect and be elected.

2. Can foreign citizens elect and be elected to the representative bodies of local self-government, the head of the municipality?

In accordance with the international treaties of the Russian Federation and the corresponding federal laws, the laws of the Kaliningrad region, foreign citizens permanently residing in the territory of the respective municipality have the right to elect and be elected to the representative bodies of local self-government, the head of the municipality on the same conditions as citizens Russian Federation.

3. Who can be elected as a deputy to the representative bodies of local self-government and the head of a municipal formation?

A citizen of the Russian Federation who has reached the age of 21 has the right to be elected as a deputy of a representative body of local self-government and as the head of a municipal formation.

It should be noted that a citizen has the right to be elected as a deputy or head of a municipality, regardless of whether or not he lives in the territory of the municipality.

4. For how long are the deputies of the representative bodies of local self-government elected?

The term of office of the deputies is established by the charter of the municipality in accordance with the Charter (Basic Law) of the Kaliningrad region, the laws of the Kaliningrad region.

Changing (increasing or decreasing) the term of office of the current representative body of local self-government is not allowed.

In the city of Pionersky and Guryevsky districts, this period is 4 years.

5. For how long is the head of the municipality elected?

The term of office of the head of the municipality is established by the charter of the municipality in accordance with the Charter (Basic Law) of the Kaliningrad Region, the laws of the Kaliningrad Region.

In municipalities - the city of Pionersky and Guryevsky districts, heads are elected for 4 years.

6. Who has the right to nominate candidates for deputies and candidates for the post of the head of the municipal formation?

Candidates can be nominated by individual voters, by groups of voters and by self-nomination. Candidates can also be nominated by electoral associations, electoral blocs.

Nomination of candidates directly by voters is carried out through self-nomination, as well as at the initiative of one voter, a group of voters who have an active suffrage. The district election commission (when nominating a candidate for deputy), the election commission of the municipality (when nominating a candidate for the post of head of the municipality) are notified of the nomination.

An electoral association or electoral bloc has the right to nominate one candidate in a single-mandate constituency, and only one candidate for the post of head of a municipal formation.

Nomination of candidates is possible on condition that the person submits a written statement of consent to run.

7. Does the candidate have to indicate on the signature list an unreleased or outstanding criminal record?

A candidate, if he has an unexpunged conviction or an outstanding conviction, must indicate the number (s) and title of the article (s) of the Criminal Code in the subscription list.

8. How to find out if a candidate is a foreign citizen?

If the candidate has citizenship foreign country the signature list must indicate the name of the respective foreign state.

9. Can a municipal employee fulfill his duties and at the same time run as a candidate for deputy?

No, registered candidates who are in the state or municipal service or who work in the media are exempt from their official duties for the duration of their participation in the elections.

10. Do candidates have equal rights?

Yes. To ensure the equality of candidates, the electoral legislation contains provisions on the inadmissibility of the use by candidates of the advantages of their official or official position, that is, candidates are not entitled to:

- to involve subordinates in the performance of activities during their official hours, contributing to the nomination or election of a chief;
- to use the premises occupied government bodies or by local authorities, for events such as holding a meeting of citizens for the purpose of campaigning, if other candidates or registered candidates cannot use these premises on the same terms;
- use telephone, facsimile and other types of communication, information services, office equipment that ensure the functioning of state institutions or local self-government bodies, to collect signatures and pre-election campaigning (that is, you cannot use a government copier to print leaflets);
- use for free or on preferential terms vehicles, which are in state or municipal ownership, to carry out activities that contribute to the nomination and (or) election of a candidate. This provision does not apply to persons using the specified transport in accordance with federal legislation on state protection;
- to collect signatures, campaign through state or municipal employees during official (paid for by state or municipal funds) business trips;
- use preferential access (in comparison with other candidates) to the media.

Compliance with the listed restrictions should not impede the performance by deputies, elected officials of their duties to voters.

11. How many signatures should be collected in support of a candidate for his registration?

To register a candidate for deputy, it is necessary to collect the number of signatures equal to 2% of the number of voters registered in the territory of the constituency.

To register a candidate for the post of head of a municipal formation, it is necessary to collect a number of signatures equal to 2% of the number of voters registered on the territory of the municipality, but not more than three thousand.

12. Can I sign the subscription lists in support of 3 candidates?

In accordance with the electoral legislation, you have the right to put your signature on the signature lists of any number of candidates. However, you can only vote for one candidate.

13. Can a manager force his employees to sign the candidate's signature list?

The participation of the administration of enterprises of all forms of ownership, institutions and organizations in collecting signatures, as well as coercion in the process of collecting signatures and rewarding voters for the submitted signatures, is not allowed. Likewise, the administration cannot interfere with the collection of signatures carried out in a legal manner.

14. What constitutes bribery of voters?

In accordance with the electoral legislation, it is prohibited to bribe voters:

- hand them money, gifts and other material values ​​otherwise than for the performance of organizational work (watch at polling stations, collecting signatures, campaigning);
- to carry out the specified organizational work, depending on the voting results;
- to conduct a preferential sale of goods;
- distribute any goods free of charge, with the exception of printed materials and badges specially made for election campaigning;
- provide services to voters free of charge or on preferential terms.

15. How can you campaign?

Election campaigning can be carried out:

- through the media;
- by holding mass events (meetings and meetings with voters, public debates and discussions, rallies, processions, demonstrations);
- by issuing and distributing campaign materials (printed, audiovisual and others);
- in other forms established by law.

16. Can a clergyman urge his parishioners to vote for a candidate for the post of head of a municipality?

No. The following organizations and individuals are prohibited from campaigning:

- government bodies, local government bodies;
- to deputies, state and municipal employees, military personnel in the performance of their official or official duties or using the advantages of their official or official position;
- charitable organizations and religious associations ;
- voting members of election commissions.

17. Can you campaign for a candidate the day before the election?

Within 3 days before voting day, as well as on voting day, publication in the media of the results of public opinion polls, forecasts of election results and other studies related to elections is not allowed.

18. What is a constituency?

An electoral district is a territory that is formed in accordance with federal laws, the laws of the Kaliningrad region and from which one deputy is directly elected by citizens.

In the election of the head of a municipality, the electoral district is the entire territory of the municipality

So, in the city of Pionersky, 9 electoral districts are formed, for the election of 9 deputies of the City Council.

19. What is a polling station?

- at the rate of no more than 3000 voters at each polling station;
- the boundaries of polling stations should not cross the boundaries of the municipality.

Polling stations can be formed in sanatoriums, dispensaries, rest homes, hospitals, other stationary medical and preventive institutions and other places of temporary residence of voters, on ships that are sailing on election day and assigned to a port on the territory of the municipality.

20. Is it possible to form polling stations in military units?

Only by way of exception can polling stations be established in military units located in isolated and remote from settlements localities.

21. Which election commissions carry out the preparation and conduct of local elections?

Preparation and conduct of local elections, protection of the electoral rights of citizens is carried out by:

1.in the election of deputies to representative bodies:

- district election commissions;

2.in the election of the head of the municipality:

- the electoral commission of the municipality;
- territorial election commissions;
- precinct election commissions.

The electoral commission of the Kaliningrad region participates in the preparation and conduct of local elections within the powers established by the laws of the Kaliningrad region.

22. How can you become a voting member of a precinct election commission?

Precinct election commissions are formed by the representative body of local self-government on the basis of proposals from electoral associations, electoral blocs, public associations, meetings of voters at the place of residence, work, service, study.

It should be noted that civil servants and persons filling municipal service positions in local self-government bodies cannot make up more than one third of the total number of members of the election commission.

23. What are the powers of a Precinct Election Commission (PEC)?

The main burden of organizing and conducting voting falls on the shoulders of the members of the precinct election commission. It is the responsibility of the PECs to:

- informing the population about the telephones and addresses of polling stations and PECs,
- clarification of the voter list,
- preparation of the premises for voting,
- direct voting and counting of votes,
- other powers established by law.

24. Who is included in the voter lists?

The voter lists include citizens of the Russian Federation who, on the day of voting, have an active suffrage (the right to vote). A voter can be included in the voter list only at one polling station.

The basis for the inclusion of a citizen in the voter list at a particular polling station is the fact of his permanent or predominant residence in the territory of this polling station.

25. Can servicemen doing military service on conscription in the territory of the municipality be included in the voter lists?

In the event that these military personnel, before being drafted for military service did not reside permanently or predominantly on the territory of the given municipality; during local elections they are not included in the voter lists and are not taken into account when determining the number of voters.

26. Where and when can I view the voter list?

27. What to do if you did not find your surname in the voter lists, or noticed an error?

You have the right to declare to the precinct election commission about not being included in the voter list, about any error or inaccuracy in the voter list.

The precinct election commission within 24 hours, and on voting day - within 2 hours from the moment of application is obliged to check the application, as well as the submitted documents and either eliminate the error or inaccuracy, or issue a written response stating the reasons for rejecting the application.

28. Who is an observer?

Observer - a person appointed during the elections by a registered candidate, electoral association, electoral bloc, public association, or a group of voters.

An election observer is authorized to observe the conduct of voting, counting of votes and other activities of the election commission during the period of voting, determination of its results, determination of election results, including the actions of the election commission to verify the correctness of the establishment of voting results and determination of election results.

29. How many voters have the right to send their observer to the precinct election commission?

An observer from a group of voters must submit to his precinct election commission a signature list (s) with the signatures of 30 citizens of the Russian Federation who have the right to vote at a given electoral precinct, as well as present a passport or a replacement document.

30. When does voting start and end?

31. How can I get a ballot?

Ballot papers are issued to voters included in the voter list upon presentation of their passport.

32. What if you temporarily do not have a passport?

In this case, you must present a document replacing it (military ID or identity card for persons who are doing military service, certificates of the established form issued by the internal affairs bodies, foreign passports a citizen of the Russian Federation - only for persons permanently residing outside the Russian Federation, a seaman's passport).

33. What should I do when I receive a newsletter?

Upon receipt of a ballot paper (ballots), a voter puts in the voter list the series and number of the passport or document replacing it and his signature for each received ballot. A voter can agree or ask a voting member of a precinct election commission to add to the list the series and number of the passport or a document replacing it. Without presenting a document proving the identity of the voter, he is not allowed to vote.

34. What to do if you spoil the ballot paper?

If a voter makes a mistake while filling out a ballot paper, he has the right to receive another one, about which a mark is made in the voter list. The spoiled ballot is immediately canceled, about which an act is drawn up.

35. Can I vote for my relatives?

36. What to do if the voter cannot sign the receipt of the ballot by himself?

If a voter cannot sign for receiving ballots himself, he has the right to use the help of another person, with the exception of members of the electoral commission, registered candidates, their proxies, authorized representatives of electoral associations, blocs, observers... The person who assisted the voter signs in the column “voter's signature on receipt of the ballot paper”, indicating his full name, series and number of the passport or a document replacing it.

37. What can you do if you are unable to fill out the ballot yourself?

A voter fills out the ballots personally, if he is unable to fill out the ballot on his own, he can use the help of another voter, with the exception of member of the election commission, registered candidate, his confidant, an authorized representative of an electoral association, bloc, observer.

The voter must verbally notify the election commission of his intention to use the assistance in filling out the ballot paper. The member of the electoral commission shall indicate in the corresponding column the full name, series and number of the passport or the document replacing it of the person assisting the voter in the corresponding column.

38. How can you vote at home if you cannot come to the polling station?

If a voter is unable to arrive at the polling station on election day and an application has been received from him (in writing, orally, including by telephone and transmitted through other persons), the commission must organize his voting at home.

An application (appeal) can be made by a voter at any time after the formation of a precinct election commission, but no later than 4 pm. (Application form - see Appendix 1)

Upon arrival of the members of the precinct election commission to the voter oral appeal confirmed by a written statement indicating the reason why the voter cannot come to the polling station.

39. Can you vote at home if the members of the precinct election commission came to your sick grandmother?

No. Members of a precinct election commission who have left on applications (appeals) of voters have the right to issue ballots only to those voters whose applications (appeals) are registered by the precinct commission in the relevant register.

40. What to do if you are not in the city on the day of voting?

15 days before voting in the elections of deputies and 10 days before the elections of the head of education, you can vote early in the premises of the district election commission. For 3 days - in the premises of the precinct election commission. In order to receive a ballot paper, you need to fill out an application according to the model indicated in the appendix to this brochure. Your ballot paper is sealed in an envelope. You must sign at the gluing site in order to guarantee the secrecy of the vote.

41. In what case the elections head of municipal formations are recognized as invalid?

Elections are declared invalid if:

- if less than 25% of the total number of registered voters took part in them;
- if the number of votes cast for the candidate who received the largest number of votes is less than the number of votes cast against all candidates.

42. In what case the elections deputy recognized as invalid?

Elections are declared invalid if the number of votes cast for the candidate who received the largest number of votes in relation to another candidate (other candidates) is less than the number of votes cast against all candidates.

43. In what cases does the election commission recognize the election results as invalid?

- if the violations committed during the voting do not allow to establish with certainty the results of the voters' will;
- if they are declared invalid at least at one fourth of the polling stations;
- By the tribunal's decision.

44. What is repeated elections?

If the elections are declared invalid or invalid, repeated elections are called. That is, everything starts all over again, but the terms of electoral actions are reduced by a third.

45. What is repeat voting?

If none of the candidates for the post of the head of the municipality has received more than half of the total number of votes cast for all candidates, a second vote is held on the 2 candidates who received the largest number of votes. Re-voting takes place on Sunday, 2 weeks after general election day.

46. ​​Which of the candidates for deputies recognized as the chosen one?

If the voting was carried out for one candidate, the candidate who received at least 50% of the votes of the voters who took part in the voting is recognized as elected. If a candidate is not elected, re-elections are held in this constituency.

47. Which of the candidates for the post head of municipal education recognized as the chosen one?

A candidate who has received more than half of the total number of votes cast for all candidates is recognized as elected. If none of the candidates received more than half of the the total votes cast for candidates are re-voted.

The candidate who has received the largest number of votes in the repeat voting for two candidates shall be deemed elected.

48. Where can you appeal against decisions and actions (inaction) that violate the electoral rights of citizens?

As a general rule, decisions and actions (inaction) of state authorities, local government bodies, public associations and officials, as well as decisions and actions (inaction) of election commissions and their officials that violate the electoral rights of citizens may be appealed in court.

Decisions and actions (inaction) of the election commission of the municipality, territorial and precinct election commissions are appealed to district, city courts, or to a higher election commission. A preliminary appeal to a higher election commission is not a prerequisite to go to court.

A sample form of a complaint about violation of rights is given in the Appendices.

www.democracy.ru

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granting of suffrage

foreign citizens in foreign countries

© Starovoitova E. I., Khvalev S. A., 2016

Institute of Legislation and Legal Information named after M. M. Speransky, Irkutsk

The issues of electoral integration of foreign citizens in their host country have been investigated. The main approaches are highlighted regarding the consolidation in the legislation of foreign states of the possibility of exercising electoral rights at the national, regional and local levels. The international normative legal acts guaranteeing the participation of foreign citizens in the management of state affairs are considered.

Key words: suffrage; the right to vote; political rights; Foreign citizens; guarantees of the rights of citizens.

It is generally accepted that, being political, suffrage stems from a person's citizenship, which, in turn, is a form of legal connection between this person and a particular state. However, the ideas of legal transboundary and the resulting trend of the progressive spread of the concept of mixing national cultures in the world have caused an urgent need to unify and standardize the involvement of foreigners in the political sphere of life of their host states and, as a consequence, the need to assign to foreign citizens a comprehensive electoral law or its individual powers for local and regional elections within the country in which they are located. Vesting foreign citizens with suffrage in democratic countries modern world illustrates significant worldview changes taking place in society regarding the role migration processes and those special statuses that these processes generate in the context of the gradual erasure of borders between states.

Historical analysis of the forms of democracy testifies to the fact that already in Antiquity only citizens were recognized the right to participate in the political life of the state. Legal systems Ancient Greece, Ancient Rome included norms on attending representative meetings,

positions by persons with the status of citizens. For example, the Athenian legislation prescribed to exclude from the lists of persons participating in elections, “the names of those who were not born to a citizen father and a civilian mother”.

The dominance of the principle of citizenship (citizenship) as a condition for participation in elections is also characteristic of the Middle Ages. So, in Italy, during the formation of local self-government bodies, electoral rights were vested with full citizens - knights, valvassors and merchants who owned land. At the same time, the participation of foreigners in the medieval electoral process cannot be denied. Thus, the institution of "podesta" (the ruler who heads the commune in Italy) assumed the nomination of a candidate from among foreigners who had reached 30 years of age, who had a knighthood and a good reputation. A. K. Dzhi-velegov explained this feature of the Italian electoral system by the fact that "a foreigner, a person alien to party sympathies and antipathies, was a much more impartial judge and administrator than local consuls."

Later foreign legal acts also did not exclude the participation in elections of persons of foreign origin. Thus, the French Basic Law of 1793 granted electoral rights to foreigners who had reached the age of 21, lived in France for one year, lived by their own labor, acquired property, married a French woman.

ke who adopted a child or adopted an old man as a dependent. Moreover, V.V. Maklakov emphasizes the inclusion in Art. 4 of the Constitution of the "surprising in terms of the present day" norm on vesting every foreigner who has "sufficient services to humanity" with the rights of a French citizen. Obviously, electoral rights should have been included among such rights. However, the given example is an exception to the general rule. As noted by V.V. Vis-kulova, up to the middle of the XX century. participation of foreign citizens in elections of any level was not typical.

At the same time, the processes of internationalization taking place at the international level contribute to the gradual extension of the effect of political rights to persons who are not in civil law relations with the host state. In particular, the Parliamentary Assembly of the Council of Europe Recommendation 1500 (2001) “On the participation of immigrants and resident aliens in the political life of the Council of Europe member states” states that the enjoyment of human rights in Europe does not depend on citizenship and country of origin. The principles of non-discrimination are enshrined in many international legal instruments that are binding on the member states of the Council of Europe. In addition, according to paragraph 4 of this Recommendation, democratic legitimacy requires equal participation in the political process of all social groups, and the contribution of legally resident non-citizens to national wealth provides a sufficient basis for giving them the right to influence political decision-making in their countries of residence.

The need to provide foreign citizens with voting rights is usually dictated by the fundamental right of every person to participate in making decisions that directly affect him, as well as the imperative to eradicate discrimination and inequality on any grounds whatsoever. Indeed, foreign nationals are involved in the same social and economic relations as citizens. Both are equally subject to state laws, the need to pay taxes and

other duties up to serving in the armed forces. At the same time, immigrants are often deprived of a key opportunity to influence political decisions made in a country (region, city), since they do not have basic political rights. The Parliamentary Assembly of the Council of Europe Resolution 1459 (2005) “On the removal of restrictions on the right to vote” states that “all residents are required to pay local taxes, and the decisions of local authorities directly affect their lives. Therefore, the right to vote and participate as candidates in local elections should be granted to all residents, regardless of their citizenship or nationality. "

It seems that the granting of electoral rights to foreign citizens in the future will contribute to the development of the real will of the people and may be the next step towards raising the level of democratic standards. It is also worth noting that, according to A. Zh. Stepanyan, such an endowment is associated with the prevention of abuse of rights and, probably, should be accompanied by a system of qualifications.

The content of many modern sources of international law reflects the tendency of increasingly widespread participation of "non-citizens" in certain election campaigns. As A.S. Chesnokov rightly notes, many international conventions, to which most states of the world have joined, explicitly state that the right to take part in elections, as well as the right to participate in professional and other economic, social and political unions, including political parties , the right to freely express one's opinion (including on political issues), the right to participate in public actions (strikes, pickets, demonstrations, etc.) is actually not connected with citizenship. More precisely, the citizenship of the country of residence gives the individual wider opportunities and powers to achieve and protect their interests, the absence of citizenship does not cancel these opportunities, but only limits them to a greater or lesser extent.

The 1948 Universal Declaration of Human Rights in Art. 21 proclaimed an essential, inalienable political human right: the right to participate in the governance of

country, directly or through freely elected representatives, the right of equal access to public service in their country. The will of the people, which “must find expression in periodic and unfalsified elections, which must be held with universal and equal suffrage, through secret ballot or through other equivalent forms that ensure the freedom of voting ”.

The subject of the granting of these rights is a person, not a citizen, which emphasizes the universal nature of these rights. The presence of the wording “every person has the right to take part in governing his country” indicates that this norm, in relation to the institution of citizenship, is not identical to that in terms of its scope, but, probably, broader than it. Thus, the problem of the participation of migrants - foreigners and others - in governing the country where they live was identified already in 1948.

Interestingly, some universal international documents provide for participation in elections selected categories foreign citizens. Thus, the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in Art. 41 provides for the right of the said persons to elect and be elected in the receiving state in accordance with its legislation.

One of the most important international documents regulating the political rights of foreign citizens is the 1992 Convention on the Participation of Foreigners in Public Life at the Local Level, which contains chapter C, which is called “The Right to Vote in Local Elections”. Article 6 of this chapter obliges states to provide all foreign residents with the right to vote and to be elected in elections to local governments, provided that they meet the same legal criteria as citizens, and, in addition, reside in the territory of the state permanently and legally. within 5 years preceding the elections. However, the same article recognizes the right of states accepting obligations under the Convention to restrict foreign citizens

Integrative tendencies in the post-Soviet space actualize the issue of the participation of foreigners in the political life of the CIS countries. This is evidenced by paragraph 1.1 of the Recommendations of the Parliamentary Assembly of the CIS member states for international observers of the CIS on observing the 2002 elections, which states that “the state may strive to ensure that foreign citizens and stateless persons permanently and legally residing on its territory, was granted the right to elect and be elected to the bodies local authorities(local governments), provided that they meet the same criteria as citizens of the state. "

As you can see, there is an international legal basis for granting electoral rights to foreign citizens on the territory of their host states. However, as often happens, the norms of an international nature are extremely abstract; they do not provide for full-fledged models for the implementation of the relevant right, leaving this to the discretion of the national legislator. At the same time, the national legislator, as the research has shown, often does not fully implement the international norms discussed above into its system of national electoral legislation... The existing variety of approaches (models) of granting electoral rights to foreigners in their host countries is characterized not only by the complexity of the implementation of international regulations, but also by a whole set of problems of a conceptual and applied nature.

In our opinion, the main conceptual difficulties in this issue are, on the one hand, the issues national security and the independence of the political sphere of the life of the corresponding society, on the other - the problem of national identity and the value of citizenship as a special legal connection between a person and the state.

The problem of national security and the independence of the political sphere of society's life raises the question of the degree of protection of society as a whole from the threat of its gradual dissolution,

dependence in relation to the sovereignty of other states. Thus, one of the aspects of the legal sovereignty of the state is the imbalance in rights based on the law in favor of persons with national citizenship. This imbalance is manifested primarily in the field of political rights, and it is expressed in clear legal preferences for citizens of the respective state. In the context of the inclusion of foreigners in the political life of society, such preferences are reduced to zero, and, as a result, a decrease in the degree of national security and independence. Modeling the situation for the future, we can conclude that in the conditions of full inclusion of foreign citizens in the political life of the host country, sooner or later such a state will be unable to encourage its citizens in a legal, social, informational and other way, and as a result, the need for a national state apparatus will disappear. In part, this development of events is prompted by international law, declaring the impossibility of admitting any discrimination, including in the field of political rights of foreign citizens. It is likely that in the distant future, the civilized world will be ready for the complete absence of national jurisdictions and sovereignty. However, in the foreseeable future, such a prospect does not seem entirely acceptable.

The problem of national identity and the value of citizenship is closely related to the one discussed above. However, this problem is based on the internal, personal motivation of a citizen and his awareness of involvement in a specific society, the understanding that his national status is incomparably more valuable for a specific society in comparison with the status of an external person (foreign citizen). From a legal point of view, such a national status is expressed through the legal interaction of a citizen and society (state) - regulated citizenship. And most often for a person, the fact of belonging to a particular state is a value, a blessing. The state, in turn, as a subject materializing this good (citizenship), in every possible way protects its owners (citizens), identifies them as exceptional

subjects of law within the framework of individual public relations... If foreigners are endowed with political rights, such an internal awareness by a citizen of his place in a particular society and his identification for the corresponding society and state cease to be a special condition for a person's existence, and the society itself loses its sense of its borders, loses its specific cultural identity.

It seems that until the advantages of the transboundary world order are clearly formulated, the conceptual problems of vesting foreign citizens with electoral rights on the territory of their host states will become evident.

However, it is not only conceptual difficulties that hinder the transboundary nature of electoral law. There are also applied difficulties in the issues of granting electoral rights to foreign citizens. Applied problems, of course, vary from state to state, but their general orientation is expressed, firstly, in the problematic nature of determining the optimal volume of electoral powers of foreign citizens, and secondly, in the difficulty of establishing fair conditions for the acquisition of electoral rights by foreign citizens.

The problem of determining the optimal volume of electoral powers of foreign citizens arises against the background of the conceptual difficulties disclosed above. Realizing the inadmissibility of political discrimination against foreigners, states, in most cases, are not ready to give foreign citizens the opportunity to influence the state of affairs on a national scale.

So, the following approaches can be distinguished in resolving the problem of determining the optimal volume of electoral powers of foreigners.

Securing the type of elections in which foreigners can participate. More often than not, foreigners are granted the right to participate in lower-level elections (municipal elections). This practice has a steady tendency to spread and allows you to solve non-political issues related to the life of a particular region, in addition, contributes to political integration

the immigrant's entry into the local community. This approach is used, for example, in Ireland, where citizens of countries outside the European Union have the right to vote at the local level. Also, opportunities for the implementation of electoral rights at the municipal level are provided in China, South Korea, Israel, Argentina, Colombia, Netherlands, Luxembourg, Belgium.

It should be noted that in the United States, in many states, discussions are underway about the need to restore the practice of participation of non-citizens in elections at the local level, which has existed since the last third of the 18th century. to the 20s. XX century in most states. A number of Maryland municipalities currently have the right to vote in local elections for foreign residents. Similar initiatives were put forward by individual deputies of legislative assemblies during the 1990-2000s. in the states of California, Connecticut, Maine, Massachusetts, Minnesota, New York, Texas and the District of Columbia.

There are examples in the world when foreigners have the right to exercise electoral rights not only locally, but also more. high level government controlled... For example, in Switzerland, issues related to the possibility and characteristics of the electoral participation of foreign citizens are delegated from the national to the regional and municipal levels. The federal legislation of this country does not allow foreigners to participate in elections at the national level, however, for example, in the cantons of Neuchâtel, Jura, Vaud, Friborg and Geneva, permanently resident foreigners are allowed to participate in regional elections.

Securing a limited set of electoral powers that can be used by foreigners during elections to the national authorities of the host country. For example, in Venezuela, foreigners have only active suffrage in elections for parish, municipal and state governments.

The background that aggravates the problem of establishing fair conditions for the acquisition of electoral rights by foreign citizens is the absence of any

or clear international standards in this area, as well as at least minimal practically tested national experience in defining such criteria. In this regard, it seems that states, in determining such conditions, start from the idea of ​​identifying the most worthy foreigners who have at least a minimal social and legal connection with their host country. In this, in our opinion, it is fair to see confirmation that the relevant foreigner will be interested in using the suffrage assigned to him for its intended purpose.

To resolve the problem under consideration, states introduce a certain system of qualifications, which most often include the following conditions:

The condition of residence, which implies that a foreigner resides in the respective country for a certain continuous period on a legal basis. In particular, in Venezuela, foreigners receive the right to participate in municipal elections, provided they have lived in the Republic for at least 10 years. In Chile and Uruguay, this period of residence is 5 years. Belgium since 2004, Denmark since 1981, Luxembourg since 2003, the Netherlands since 1983, Sweden since 1975 (and, notably, some Swiss cantons - Neuchâtel, Vaud, Friborg, Geneva) give the right to vote to all who have lived in their territory for a certain time: usually several years. The minimum residency requirement in these countries ranges from 3 to 5 years;

The condition of obedience to the law, assuming a conflict-free presence of a foreigner in the territory of a certain country. For example, in Chile, foreigners who have reached the age of 18 acquire certain electoral powers only if they are not serving (have served) a prison sentence. In Uruguay, potential voters may be foreigners of good behavior. Moreover, they receive the right to vote without the need for prior naturalization. In Venezuela, foreigners are eligible to vote only if they are not disenfranchised and politically disqualified;

The condition for a foreigner to belong to a certain state, i.e. in individual cases the fact of having the citizenship of a particular country is sufficient for a person to acquire the right to vote in the host country. This qualification is used, for example, in Spain, where citizens of the Netherlands, Denmark, Norway and Sweden are allowed to vote. Since 1988, citizens of Argentina have been vested with such rights in Spain, since 1990 - Chile, since 1992 - Uruguay. In Ireland, citizens of the United Kingdom can also take part in elections even at the national level (except for presidential elections). In the United Kingdom, Irish citizens enjoy the same electoral rights as UK citizens at all levels: national, regional and local.

It should also be noted that the constitutions of Spain and Portugal provide that the right to vote may be granted to foreign nationals on a reciprocal basis;

The condition for the entry of the host country of a foreigner into a certain international intergovernmental association, one of the functions of which is to equalize the rights and obligations of persons migrating within this international association. The most famous and illustrative example in in this case is the European Union. So, in Denmark in 1995 the Law "On Local Elections" was adopted, which made the citizens of the European Union member states equal in voting rights in local elections. Voter rights in France are directly enshrined in the constitution: constitutional law 92-554 of June 25, 1992 amended the constitution with a new chapter 14 "European Communities and the European Union". In Art. 88-3 of this chapter states that the right to vote and the right to be elected in municipal elections can only be given to Union citizens residing in France. However, there are some restrictions that these citizens cannot fulfill the functions of mayor, as well as participate in the appointment of electors to the Senate and the selection of senators. Thus, in France, the criterion for participation in municipal elections is the fact of residence in France and the presence of citizens

state of the Union. In Germany, the parliaments (Landtags) of Hamburg and Schleswig-Holstein gave this right to foreigners, but the Federal Constitutional Court in 1990 indicated that such a permit was incompatible with the Basic Law. It is noteworthy that in 1994, in connection with the adoption of Directive 94/80, changes were made to part 1 of Art. 28 of the Basic Law. They reflected the ability to elect and be elected to the representative bodies of the states, communities and districts of citizens of the European Union. Citizens of European Union countries have the right to vote in the United Kingdom, both locally and regional levels.

Membership of a state in an international association as a condition for a citizen of another country - a member of this association to have the right to vote is also used in other state unions... For example, a similar practice exists in the countries of the Commonwealth of Nations. Thus, citizens of countries belonging to the Commonwealth who have lived in the respective country for a certain period have the right to participate in parliamentary elections in Antigua and Barbuda, Barbados, Belize, Dominica, Grenada, Jamaica, Malawi, Mauritius, Namibia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines; in local elections, in Guyana and New Zealand.

In the Nordic Council, citizens of all countries that make up the organization (Iceland, Denmark, Finland, Norway, Sweden), and living in any of the countries of the union, have the right to participate in elections at the local level.

In the United Kingdom, all citizens of the Commonwealth of Nations enjoy the same electoral rights as citizens of the United Kingdom, at all levels: national, regional and local.

Citizens of any of the countries belonging to the Commonwealth of Portuguese-Speaking Countries (CPLP), permanently residing in Cape Verde, have the right to participate in municipal elections in that state;

The condition of the application for the assignment of electoral rights to a foreigner who is on the territory of a certain state. Such a specific condition

available in Brazilian law, which states that Portuguese citizens permanently residing in Brazil have the right to acquire full political rights in that country by submitting a special petition to the Ministry of Justice;

Other specific conditions for the acquisition of electoral rights by a foreigner. As an interesting feature, it should be noted the regulation established in Uruguay, which provides that foreigners who own any capital or property in the Republic or who are professionally engaged in science, art or production have the right to act as voters.

It should be noted that the above groups of conditions for the acquisition of electoral rights by foreign citizens on the territory of the host states are practically not used in their pure form, but are applied in various combinations. Moreover, in the vast majority of cases, a foreigner can acquire one or another electoral status only if it meets the fundamental criteria (age, legal capacity, place of residence) established for citizens of the respective country.

Summing up, it should be agreed that it is through the social and political organizations of immigrants that the authorities of the host country can successfully implement various integration projects: from the dissemination of general information about various aspects of social, cultural and economic life in the host country, the organization of assistance in employment and education. before informing foreigners about their rights and obligations and, in particular, promoting electoral and civic activity among non-citizens and naturalized citizens. It should be emphasized that not always and not everywhere political rights are a tool for integration into the host society, which is demanded by immigrants. As a rule, the volume of socio-economic rights that are granted to immigrants together with a permanent residence permit is quite enough for a full-fledged existence. However, it is precisely political rights that are the mechanism that is used to exercise

the implementation of management functions in society. Consequently, the granting of political (including electoral) rights to immigrants is a striking indicator not only of the degree of integration of immigrants into the host society, but also of the degree of readiness of this society to accept them.

Obviously, with the further deepening of the processes of globalization, which requires freedom of movement not only of goods, capital and services, but also of people, the problem of liberalizing the policy of immigration, naturalization and citizenship, assimilation and integration will become even more acute than today. It seems that one should agree with the statement that the civilized countries of the modern world have no choice but to integrate immigrants into national political spheres... Consequently, the only way out in the context of international integration is to develop the most acceptable structure of electoral powers with respect to foreign citizens. As the study of this problem has shown, so far a generally used model of the electoral rights of foreigners in their host country has not been developed. ^

1. Ancient democracy. M., 1995.S. 200.

2. Essays on the history of elections and electoral law / ed. Yu. A. Vedeneev, N. A. Bogodarova. Kaluga; M., 1997.S. 117.

Z. Ibid. P. 118.

4. Dzhivelegov AK Medieval cities in Western Europe. SPb., 1902.S. 123.

5. Maklakov VV The electoral law of France // Collection of normative legal acts of foreign electoral legislation / otv. ed. A. A. Veshnyakov. M., 2004.S. 181.

6. Viskulova V.V. On the issue of granting electoral rights to foreign citizens // Constitutional and municipal law... 2005. No. 8, p. 23.

7. Recommendation of the Parliamentary Assembly of the Council of Europe of January 26, 2001 1500 (2001) "On the participation of immigrants and resident foreigners in the political life of the member states of the Council of Europe" [Electronic resource]. URL: http://www.coe.int/T/r/Parliamentary_Assembly /% 5BRussian_documents% 5D /% 5B2001% 5D /% 5BJan2001% 5D / Rek1500.asp

8. Hayduk R. Non-citizen voting: pipe-dream or possibility? Drum Major Institute for Public Policy. New York, 2002. October 2.

9. Resolution of the Parliamentary Assembly of the Council of Europe of June 24, 2005 No. 1459 (2005) "On the elimination of restrictions on the right to vote" // Council of Europe and Russia. 2005. No. 1. S. 21-22.

10. Stepanyan A. Zh. Legal regulation of elections within the European Union: dis. ... Cand. jurid. sciences. M., 2008.S. 50.

11. Chesnokov AS Participation of non-citizen immigrants in political processes in host countries / / Society and power. 2009. No. 4. P. 49.

12. Universal Declaration of Human Rights, adopted by Resolution 217 A (III) of the UN General Assembly of December 10, 1948 // Public International Law: Collection of articles. doc. M., 1996.T. 1.S. 460-464.

13. Stepanyan A. Zh. Decree. op. P. 33.

14. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990 // International Electoral Standards: Coll. doc. / otv. ed. A. A. Veshnyakov; scientific. ed. V. I. Lysenko. M., 2004.S. 103.

15. Convention on the participation of foreigners in public life at the local level, 1992 // International electoral standards: collection of articles. doc. P. 559.

16. Recommendations of the Parliamentary Assembly of the CIS member states for international observers of the Commonwealth of Independent States on the observation of the 2002 elections // International electoral standards: collection of articles. doc. P. 894.

17. Earnest D. C. Noncitizen Voting Rights: A Survey of an Emerging Democratic Norm. Paper prepared for delivery at the 2003 annual convention of the American Political Science Association, Philadelphia, Pennsylvania, 2003. August 28-31.

18. Chesnokov A.S. Decree. op. P. 51.

19. He's the same. Immigrants in political processes in host countries: problems of electoral incorporation [Electronic resource] // Electronic archive of the Ural Federal University. URL: www.elar.urfu.ru/ bit-stream / 10995/18409/1 /iuro-2011-94-06.pdf

20. He's the same. Participation of non-citizen immigrants ... p. 51.

21. Modern electoral systems. Issue 4: Australia, Venezuela, Denmark, Serbia / [scientific. ed. A. V. Ivanchenko, V. I. Lafitsky]. M., 2009.S. 160.

22. Ibid. P. 160.

23. Stepanyan A. Zh. Decree. op. P. 120.

24. Modern electoral systems. Issue 6: Austria, Ireland, Norway, Chile / scientific. ed.

A. V. Ivanchenko, V. I. Lafitsky. M., 2011.S. 455.

25. Modern electoral systems. Issue 5: India, Iraq, Uruguay, South Africa / scientific. ed. A. V. Ivanchenko,

B. I. Lafitsky. M., 2010.S. 351-352.

26. Modern electoral systems. Issue 4.

27. Chesnokov A.S. Participation of non-citizen immigrants ... p. 51.

28. See paragraph 2 of Art. 13 of the Constitution of the Kingdom of Spain of December 27, 1978 [Electronic resource]. URL: http://www.uznal.org/constitution.php? text = Spain & lan-guage = r; paragraph 4 of Art. 15 of the Constitution of the Portuguese Republic of April 2, 1976 [Electronic resource]. URL: http: / / www. uznal. org / c onsti tu tion. php? text = Portugal & language = r

29. Modern electoral systems. Issue 4, p. 249.

30. LOI constitutionnelle no 92-554 du 25 juin 1992 ajoutant à la Constitution un titre: “Des Communautés européennes et de l“ Union européenne ”, JORF no. 147 du 26 juin 1992. P. 8406.

31. Council Directive 94/80 / CE of December 19, 1994, fixing the conditions for the use of active suffrage and passive suffrage in municipal elections for citizens of the Union located in a member state of which they are not citizens // OJ L 368 of 12/31/1994. P. 38.

32. Hayduk R., Wucker M. Immigrant Voting Rights Receive More Attention. Migration Information Source. Washington D. C. November 2004.

33. Chesnokov A. S. Participation of non-citizen immigrants ... p. 51.

34. Ibid. P. 52.

35. Ibid. P. 52.

36. Chesnokov A. S. Problems and possibilities of representing the interests of immigrants in host countries // Political Science and political processes in the Russian Federation and new independent states... Ekaterinburg, 2005.S. 459-465.

37. He's the same. Participation of Non-Citizen Immigrants ... p. 54.

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Universal Declaration of Human Rights, adopted by Resolution 217 A (III) of the UN General Assembly of December 10, 1948 // Public International Law: Collection of articles. doc. - M., 1996. - T. 1. - S. 460-464.

1992 Convention on the Participation of Foreigners in Public Life at the Local Level // International Electoral Standards: Collection of articles. doc. / otv. ed.

A. A. Veshnyakov; scientific. ed. V. I. Lysenko. - M., 2004 .-- S. 559.

1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families // International Electoral Standards: Collection of articles. doc. / otv. ed. A. A. Veshnyakov; scientific. ed.

B. I. Lysenko. - M., 2004 .-- S. 103.

1994, fixing the conditions for the use of active suffrage and passive suffrage in municipal elections for citizens of the Union who are in a member state of which they are not citizens // OJ L 368 of 31.12.1994. - P. 38.

Resolution of the Parliamentary Assembly of the Council of Europe of June 24, 2005 No. 1459 (2005) "On the removal of restrictions on the right to vote" / / Council of Europe and Russia. - 2005. - No. 1. - S. 21-22.

Recommendation of the Parliamentary Assembly of the Council of Europe of January 26, 2001 1500 (2001) "On the participation of immigrants and resident foreigners in the political life of the member states of the Council of Europe" [Electronic resource]. - URL: http://www.coe.int / T / r / Parliamentary_Assembly /% 5BRussian_docu-ments% 5D /% 5B2001% 5D /% 5BJan2001% 5D / Rek1500.asp

Recommendations of the Parliamentary Assembly of the CIS Member States for International Observers of the Commonwealth of Independent States on Observing the 2002 Elections // International Election Standards: Collection of articles. doc. / otv. ed. A. A. Veshnyakov; scientific. ed. V. I. Lysenko. - M., 2004 .-- S. 894.

Constitution of the Kingdom of Spain on December 27, 1978 [Electronic resource]. - URL: http: //www.uznal. org / constitution.php? text = Spain & language = r.

Constitution of the Portuguese Republic of April 2, 1976 [Electronic resource]. - URL: http://www.uznal.org/ constitution.php? Text = Portugal & language = r

Ancient democracy. - M.: Progress, 1995.-495 p.

Viskulova V.V. On the issue of granting electoral rights to foreign citizens // Constitutional and municipal law. - 2005. -№ 8. - S. 23-29.

Dzhivelegov A.K. Medieval cities in Western Europe / A.K.Dzhivelegov. - SPb. : Acc. total "Brockhaus-Efron", 1902. - 248 p.

Maklakov V.V. The electoral law of France // Collection of normative legal acts of foreign electoral legislation / ed. the project by Yu. A. Vedeneev, V. V. Maklakov; otv. ed. A. A. Veshnyakov. - M., 2004 .-- 464 p.

Essays on the history of elections and electoral law / AS Anikeev [and others]; ed. N. A. Bogodarova, Yu. A. Vedeneeva. - M.: Kaluga: Publishing house of the Symbol Foundation, 1997. - 388 p.

Modern electoral systems. Issue 4: Australia, Venezuela, Denmark, Serbia / [T. I. Chursina, A. G. Orlov, I. A. Rakitskaya,

K. A. Polovchenko; scientific. ed. A. V. Ivanchenko, V. I. Lafitsky]. - M.: RTSOIT: In-octavo, 2009 .-- 480 p.

Modern electoral systems. Issue 5: India, Iraq, Uruguay, South Africa / N. B. Shlykova, M. A. Sapronova, A. G. Orlov, E. V. Cherepanova; scientific. ed. A. V. Ivanchenko, V. I. Lafitsky. - M.: RTSOIT, 2010 .-- 496 p.

Modern electoral systems. Issue 6: Austria, Ireland, Norway, Chile / E. A. Vodyanitskaya, P. S. Gvozdev, I. A. Rakitskaya,

A. G. Orlov; scientific. ed. A. V. Ivanchenko,

B. I. Lafitsky. - M.: RTSOIT, 2011 .-- 512 p.

Stepanyan A. Zh. Legal regulation of elections within the framework of the European Union: dis. ... Cand. jurid. Sciences / A. Zh. Stepanyan. - M., 2008 .-- 221 p.

Chesnokov AS Immigrants in political processes in host countries: problems of electoral incorporation [Electronic resource] / / Electronic archive of the Ural Federal University. - URL: www.elar.urfu.ru/bitstre-am/10995/18409/ 1 / iuro-2011-94-06.pdf

Chesnokov A.S. - Yekaterinburg, 2005 .-- S. 459-465.

Chesnokov A.S. Participation of non-citizen immigrants in political processes in host countries // Society and Power. - 2009. - No. 4. - P. 49-54.

Earnest D. C. Noncitizen Voting Rights: A Survey of an Emerging Democratic Norm. Paper prepared for delivery at the 2003 annual convention of the American

Hayduk R. Non-citizen voting: pipe-dream or possibility? Drum Major Institute for Public Policy. - New York, 2002. - October 2.

Hayduk R. Immigrant Voting Rights Receive More Attention. Migration Information Source / R. Hayduk, M. Wucker. - Washington D. C. - November 2004.

LOI constitutionnelle no 92-554 du 25 juin 1992 ajoutant à la Constitution un titre: “Des Communautés européennes et de l“ Union européenne ”, JORF no. 147 du 26 juin 1992. - P. 8406.

Grant the Electoral Rights

to the Foreign Citizens in Foreign

© Starovoytova E., Khvalev S., 2016

In the article the questions of electoral integration of foreign citizens in the country of their stay are investigated. Basic approaches, concerning fixing in the legislation of the foreign states the opportunity of the realization of the electoral rights on national, regional and local levels, are distinguished. International legal acts, guaranteeing participating of foreign citizens in a managing state affairs, are considered.

Key words: election law; the right to vote; political rights; foreign citizens; guarantees of citizen "s rights.

• paper that will prove your identity;
• papers indicating the presence of a regular source of financial income, the amount of which should exceed the subsistence minimum and allow to exist at a fairly favorable social level (or a certificate confirming the fact of disability);
• a document confirming the availability of living space (on the grounds provided for by the legislation of the Russian Federation);
• health certificate issued by a specially appointed medical institution(she must certify the absence of dangerous infectious diseases and dependence on drugs);
• certificate of absence of HIV.
The period of validity of the residence permit and the options for obtaining it As for the period of validity of the residence permit, it is five years.

Does a residence permit give you the right to vote in elections?

Every citizen of the Russian Federation who has reached the age of 18 on election day has the right to elect the President of Russia (with the exception of those who are deprived of active suffrage). More details here. Article 12. Attitude of foreign citizens to electoral law 1. Foreign citizens in the Russian Federation do not have the right to elect and be elected in federal bodies state power, state power bodies of the constituent entities of the Russian Federation, as well as participate in the referendum of the Russian Federation and referendums of the constituent entities of the Russian Federation.

Does the holder of a residence permit in the Russian Federation have the right to vote?

Home-residence permit The question of what rights a residence permit in Russia gives is of interest to many migrants, because each of them is looking for a better life outside their homeland. The definition of "residence permit in Russia" should be understood as a paper outstanding to a citizen of another state or person without citizenship, which is a confirmation of the legal right to live in the Russian Federation on a permanent basis. In this article, we will try to understand in more detail what rights a residence permit in the Russian Federation gives to a migrant.
You should also consider what constitutes a residence permit, what are the options for its registration, and what responsibility arises before the owner of this paper. Main aspects of residence permit A residence permit on the territory of the Russian Federation is considered a document that is attached to the national passport of a citizen of another country.

What rights does a residence permit in Russia give?

Info

The main thing that needs to be done before going abroad is to find out if you have a travel ban, this will help the proven service of our partners, which, within a few minutes, will provide you with information about the presence of debt on loans, fines, alimony, housing and communal services and other things, as well as assess the likelihood of a ban on flights abroad. Each next stage of legalization in the Russian Federation endows a foreign citizen with all new rights, and with them responsibilities. If we compare a temporary residence permit with a residence permit, then the second document practically equates the status of its owner with the status of a citizen of the Russian Federation.

But the question remains on the agenda, is it possible to vote with a residence permit? And here some disappointment awaits migrants, which will be discussed in this article.

Electoral rights of foreign citizens

No voting rights in Russia [] Armenia [] Current agreement

• Agreement between the Russian Federation and the Republic of Armenia on the legal status of citizens of the Russian Federation permanently residing in the territory of the Republic of Armenia and citizens of the Republic of Armenia permanently residing in the territory of the Russian Federation
• signed in the city of Moscow on August 29, 1997
• ratification - Federal Law of July 15, 2000 No. 100-FZ

Article 4 1. A permanent resident enjoys the same rights and freedoms and bears the same obligations as the citizens of the Party of residence, with the exceptions established by this Agreement. 2.

Rights of citizens who have received a residence permit in Russia

How to obtain a residence permit in Russia: Video Related articles To obtain Russian citizenship, you will need to collect a set of documents and go through a number of procedures. It is very difficult to do this on your own, based on this, a thorough knowledge of all the nuances and laws, as well as competent advice from experts - this is your chance to avoid some problematic circumstances and legally stay on the territory of the Russian Federation. Get expert help by clicking on the link. Russian presidential elections 2018 in Antalya Turkey.

Rights and obligations of citizens who have received a residence permit in Russia

This means that on the basis of a residence permit, a migrant can live in Russia for an unlimited number of years, renewing it for a new period each time. Read more about what a residence permit is. Read also Obtaining a residence permit is preceded by a number of mandatory migration formalities, which may differ slightly depending on the category of the applicant. For example, residents of Belarus are exempt from the obligation to receive a TRP.
They can go straight to the registration of permanent resident status. The procedure for obtaining a residence permit It should be noted right away that this stage of legalization is not the first in the whole process.

What does a residence permit in Russia give?

Attention

However, this category of foreigners, in order to obtain Russian citizenship, must renounce the previous one within 2 years. If this condition is not met, the migrant will lose his residence permit. Issuance of a residence permit Upon approval of the application, the migrant receives a corresponding notification.

After that, the migrant is obliged to appear at the GUVM authorities to obtain a document. Children are entered into the residence permit of their parents with a photograph, and upon reaching the age of 14, they receive their own residence permit. RVP, upon receipt of a residence permit, loses its validity and is subject to withdrawal.
Migrants from Belarus receive a residence permit immediately after they register at their place of residence in a constituent entity of the Russian Federation. However, proof of income is required to obtain the services required in the territory of the state. A residence permit is issued for a period of three to five years, depending on the grounds.
Registration of an individual entrepreneur According to Russian law, any person who has reached the age of majority can open their own business in our country. This means that individual entrepreneurs can register:

• citizens of the Russian Federation;
• persons of foreign origin;
• stateless.

The procedure itself is not much different for all three groups. But you can register a company only at the place of your registration, thus, if a businessman is not a citizen of the Russian Federation, he must submit a temporary residence permit or residence permit to the authorized body, which confirm his registration in a particular region. We recommend that you study in more detail all aspects related to entrepreneurship with a residence permit. Is it possible to take a mortgage with a residence permit Financial difficulties can arise in the life of any person.

Is it possible to vote with a residence permit

In fact, your question about cannot be accurately answered, because you did not indicate which country the question arose, because each country has its own legislation regarding the rights of citizens and people who have a residence permit! Therefore, the answer will depend, first of all, on the country! I only know for sure about the UK, my sister received a residence permit through these guys 2 years ago, they really worked professionally! And I know for sure, she told me that at the same time she received the same rights as a citizen, except for the right to vote and be elected! If we talk not about Russia, but about Ukraine, then as far as I know, a residence permit does not allow foreigners to vote in elections. After all, this is not the registration of citizenship, a person, as he was a citizen of his country, remains so. And he can vote in elections in his own country.