What is passive suffrage?

In world legal practice, passive suffrage means that a citizen of a given country has the potential to run and then be elected to one or another self-governing body, legislative branch, or any other elected post. Usually, this type of law, exercised by citizens, is stipulated in the constitution of the state, thereby securing it legally. But in addition to the general characteristics specified in the main law of the country, there are other legislative acts that describe the implementation of suffrage in more detail.

First of all, passive suffrage implies the existence of certain restrictions for citizens who are elected to any power structure. Not all adults are able to begin to exercise this right. So, in order to run for president of the United States of America, a candidate must at least reach the age of 35. A similar age requirement is imposed on residents of many other countries, for example, the Russian Federation, Belarus and Ukraine. This is due to the fact that Russia's suffrage implies that a candidate for the post of head of the country has a certain life experience and professional level that is simply impossible to achieve at a young age. Interestingly, in this case, the upper age limit in the legislation of most countries is often absent.

But the age qualification is far from the only requirement put forward by Russian legislation to citizens who expect to realize their passive suffrage in practice. In addition to him, there is a very important qualification of settledness, which says that a person running for a particular position must live in the country (region, territory, city) for a certain period of time. Regional by-laws often vary this term, and to name its average figure is very difficult. But only the citizen who spent the last ten years of his life on the territory of the state can become the President of the Russian Federation. This condition is stipulated in the Constitution of the Russian Federation and is mandatory for any candidate.

In addition to these unconditional restrictions, passive suffrage in certain subjects and regions of the country also has a number of narrower restrictions. So, in some republics, a candidate is required to know not only the Russian language, but also the language of the main (title) nationality. In addition, local legislation may require a criminal record, as in the Republic of Yakutia, a higher education from a running candidate, or compulsory residence in the territory of a federal subject in which a citizen nominates himself.

However, it is worth noting that many lawyers consider the last qualification to be illegal, since it clearly contradicts the equality of citizens of the country stipulated in the Constitution of the Russian Federation throughout its territory, regardless of their place of residence or registration. That is, according to the main law of the state, a candidate can reside in absolutely any region.

Also, according to Russian laws, those who have dual citizenship, as well as those recognized by the court as legally incompetent, cannot exercise their right to be elected.

Thus, on the basis of the foregoing, it can be concluded that passive suffrage is the right of citizens of a given state, enshrined in the Constitution of the Russian Federation, to be elected to any local and regional self-government bodies, as well as to state bodies.

Source: https://habr.com/ru/post/F8659/


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