And by other church acts, the age limit for those appointed to different degrees of the priesthood, for those appointed or elected to certain church positions, for those taking monastic vows, as well as for baptismal recipients and for those entering into marriage.

Serving at different levels of the priesthood implies different minimum required ages for those who are supplied. This is due to the fact that hierarchical service requires maturity of mind, firmness of convictions, and life experience, which presuppose reaching a certain age. Right. 14 of the Council of Trullo establishes the minimum age of a protege to the deacon - 25 years, and to the presbyter - 30 years: “... so as not to be ordained to the presbyter before thirty years, if the person were very worthy, but defer until the ordained years. For the Lord Jesus Christ was baptized in the thirtieth year and began to teach. Likewise, a deacon before the age of twenty-five years ... let him not be appointed ”(cf.: Neokes. 11; Carth. 16 (22); IV Ecum. 15). In the 15th right. The Trullian Council indicates the minimum age of a subdeacon - 20 years, and also establishes a ban for clerics who have not reached the K. century: “If anyone, in any sacred degree, is placed before a certain age, let him be deposed.”

The canons are silent about the age of persons appointed to the bishopric. The "Apostolic Ordinances" stipulate for a candidate for bishop 50 years of age (Const. Ap. II 1.1). The provision from the 123rd short story of imp. St. Justinian I, which establishes a 35-year age qualification for a candidate for the highest hierarchical degree (Novell. Just. 123. 1. 1), in exceptional cases - 30 years (Ibid. 137. 2; Ράλλης, Ποτλής. Σύνταγμα. T. 1. Σ. 65-66).

The canons also say nothing about the age of the readers delivered to the rank. 123rd short story imp. St. Justinian allows to be a reader no earlier than 18 years old (Novell. Just. 123. 13).

In Russia, during the synodal period, the age limit was determined only for proteges who did not have a school spiritual education, while graduates of theological schools were delivered until they reached the K. century. in the absence of other canonical obstacles. According to the current Charter of the Russian Orthodox Church, deacon and presbyter can be ordained persons who have reached the civil age (Charter of the Russian Orthodox Church, 2000. XI 24); Bishopric candidates must be at least 30 years of age (Ibid. X 10). The charter also determined the age limit for a candidate for patriarch - 40 years (Ibid. IV 17).

K. v. for those who take monastic vows - 17 years (VI Ecum. 40; cf.: Vas. Vel. 18). At the same time, it is allowed to accept 10-year-old teenagers to prepare for the tonsure (VI Ecumenical 40). In Russia, during the synodal era, tonsure was allowed for men no earlier than 30 years old, and for women - 40 years old. Deviations were allowed with the permission of the Holy Synod. This age limit did not apply to students of theological seminaries and academies, who could take tonsure at the age of 25, as well as to widowed priests. Local Council of the Orthodox Russian Church 1917-1918 in the ruling of 13 Sept. 1918 "On monasteries and monastics" lowered the age limit for tonsured to 25 years. For the tonsure of a novice at an earlier age, according to the definition of the Council, the blessing of the diocesan bishop was required. The Council of Bishops in 2000 adopted the following definition: “In order to improve the spiritual preparation for tonsure and increase the responsibility of those who receive it, it is recognized that it is necessary to switch to the practice of tonsure into the mantle only upon reaching the age of 30, with the exception of students of theological schools and widowed clergymen” (Definition of the Jubilee Bishops’ Council Sobor on issues of internal life and external activities of the Russian Orthodox Church // ZhMP, 2000, No. 10, p. 14). In essence, this is a return to the practice of the synodal era, with the exception that the same K. v. for the monastic vows of men and women.

K. v. established for baptismal recipients. According to the decree of the Holy Synod of May 23, 1836, persons under the age of 17 can be godparents (2 PSZ. Vol. 11. Part 1. No. 9209). This rule remains in effect to this day. time.

There are also certain age limits for marriage, and, unlike ordination, tonsure and acceptance, not only lower, but also upper. In the "Eklog" of the emperors Leo III the Isaurian and Constantine V Copronymus, the age for those entering into marriage is determined: 15 years for men and 13 years for women (Eclog. 2. 1), and in "Prochiron" imp. Basil I the Macedonian, this age limit was reduced by a year - respectively 14 and 12 years (Proch. IV 3, 5). Both of these sources were included in the fame. I feed the book. The Stoglavy Cathedral of 1551 set the standard: the marriageable age for men is 15 years and for women - 12 years (Stoglav. 18 // Russian legislation of the X-XX centuries. M., 1985. T. 2. S. 287). In practice, for Russia with its sowing. climate, delaying the physical maturation of adolescents, this age was insufficient. In the XVIII century. minimum K. in. for brides was increased to 13 years. By decree of the Holy Synod of July 19, 1830, it was forbidden to marry if the groom is under 18 years old, and the bride is 16 years old (2 PSZ. Vol. 5. Part 1. No. 3807). This decree did not cancel the previous marriage covenant; then. established 2 age limits for marriage. In practice, a rule was established, according to Krom, a marriage concluded before a man and a woman reached the age of 15 and 13, respectively, was considered invalid and subject to termination. If the spouses did not reach the age of 18 and 16, it was considered an obstacle only prohibitive, not terminating. Such spouses were separated before reaching the K. century, if the consequence of their marital cohabitation was not pregnancy or the birth of a child. In modern In the practice of the Russian Orthodox Church, the sacrament of the wedding is performed on spouses who have reached civil age.

Church marriage law also establishes a higher limit for marriage. St. Basil the Great indicates such a limit for widows - 60 years, for men - 70 years (Vas. Vel. 24, 88). In 1744, the Holy Synod forbade persons over 80 years of age to marry (PSZ. Vol. 12. No. 9087). Persons between the ages of 60 and 80 must seek the permission of the bishop to enter into marriage (for more details, see Marriage). The upper age limit also applies to those entering the 3rd marriage. Such a marriage is allowed only as an indulgence and subjects those who enter into it to canonical prohibitions (Vas. Vel. 50). Spouses are subject to more stringent requirements. To enter into a 3rd marriage, 2 conditions are required - the age of up to 40 years and the absence of children.

Prot. Vladislav Tsypin

Reduced age, cases of application under the Criminal Code of the Russian Federation

Acts for which a person can be convicted from the age of 14 and punished in accordance with the Criminal Code can be divided into four categories:

• 1. An act involving the use of physical types of influence on a person or the threat of their use (crimes against the life and health of citizens: premeditated murder, assault and infliction of grievous bodily harm on a person, rape or other sexual crime; terrorist attack, kidnapping, participation in hooligan actions) ;
• 2. Accomplishment crimes, the main purpose of which is the search and misappropriation of other people's property (theft, robbery, extortion, robbery). Capture can be carried out both secretly and openly, it is possible to use physical and psychological violence;
• 3. Acts aimed at deliberate damage or damage to someone else's property (destruction and damage to someone else's property);
• 4. Other illegal act, which is of a particularly dangerous nature (illegal acts that have arisen in connection with the use and distribution of explosives, narcotic drugs, carrying weapons and other items, free access to which is closed).

The maximum list of crimes, the commission of which is the basis for the conviction of a fourteen-year-old teenager, is presented in the Criminal Code of the Russian Federation and analyzed in the comments to the legislative acts of Russia.

Raised age of criminal responsibility

Legislators have separately identified a number of crimes for which a person faces criminal punishment only if he has reached 18 years of age.

Conventionally, such acts can be divided into 2 groups:

• 1. Criminal acts committed at a specific age determined by the article of the Criminal Code of the Russian Federation. For example, the article's infamy hypothesis clearly states the age that a person must reach in order to become the subject of a given crime. Changing the respective age limit is not possible under any circumstances;
• 2. Crimes, the commission of which is directly related to the age of the subject. For example, only a judge (a special subject of a crime) can be the subject of an article of the Criminal Code of the Russian Federation on making unlawful judgments. A person who is at least 25 years old has the right to become a judge.

What is the age limit for the subject of a crime in other countries

Considering the signs of the subject of a crime in other countries, it can be noted that the age of the offender is not identical for all powers and mainly depends on which legal family a particular state belongs to.

In countries belonging to the religious legal family (Iran), a person can be held criminally liable even at the age of 6 years.

The age at which criminal responsibility begins in the countries of the Romano-Germanic legal family does not differ radically:

• In Ukraine - from the age of 16;
• in France - from the age of 13;
• · in Germany and Italy - from the age of 14.

To be prosecuted in the UK (specifically in Scotland), a person must be at least 8 years old.

1. What is the age limit for the head (director) of the Municipal State Budget Professional educational institution. 2. Is it possible to conclude fixed-term employment contracts for 1 academic (calendar) year with employees of the Municipal State Budgetary Vocational Educational Institution.

Answer

The fundamental principles of suffrage and process are universal, direct and equal suffrage by secret ballot.

Principle universal suffrage means that every adult citizen has the right to vote and be elected. Thus, the general grounds for acquiring active and passive suffrage are citizenship and adulthood. Citizens recognized as legally incompetent by a court, as well as citizens held in places of deprivation of liberty by a court verdict, do not have the right to vote (Article 32 of the Constitution of the Russian Federation).

The term "universal" is largely arbitrary, since the provision of suffrage, especially passive, is limited by the system of electoral qualifications. The federal and regional electoral legislation reflects the following qualifications for passive suffrage:

1) age limit means the need for a certain age to be able to register as a candidate for elections. Yes, MP State Duma Can become a citizen who has reached the age of 21. President of the Russian Federation - 35 years. Laws of some subjects Russian Federation also contain restrictions on the maximum age - persons who have reached a certain age (usually 60-65 years) are deprived of passive suffrage;

2) residency requirement involves the requirement to reside in a certain territory for a certain period of time. Thus, a citizen who has permanently resided in the Russian Federation for at least 10 years can become the President of the Russian Federation (Article 81 of the Constitution of the Russian Federation). The regional electoral legislation contains various modifications of the residence qualification related to the different required period of residence, as well as the requirements for residence itself (primary, permanent, non-conscription residence);

3) republican citizenship qualification established in the republics within the Russian Federation. Only a citizen of the Russian Federation who is also a citizen of this republic can be registered as a candidate. It should be noted that this type of qualifications are contrary to the constitutional principle of equality of rights of citizens of the Russian Federation throughout its territory and the principle of single citizenship;

4) language qualification consists in the requirement of knowledge of the state languages ​​of the subject of the Federation, where, along with Russian, the state language is also the language of the titular nationality of the republic within the Russian Federation. Such qualifications are established in Adygea, Bashkortostan, Mari El and other republics;

5) educational qualification provides for the presence of a candidate for an elective position of higher education (established in the Khabarovsk Territory, Samara Region);

6) criminal record qualification established in the legislation of the Republic of Sakha (Yakutia) - citizens with a criminal record cannot be elected as people's deputies of the State Assembly, if it is not withdrawn or extinguished in the prescribed manner;

7) qualification of the previous edition means that a person who, immediately before the election, held an elective office for several terms of office, cannot be elected. So, paragraph 3 of Art. 81 of the Constitution of the Russian Federation stipulates that the same person cannot hold the office of the President of the Russian Federation for more than two consecutive terms.

It should be noted that the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" clearly establishes the limits for restricting active and passive suffrage. According to Art. 4 of this Law, the laws of the constituent entities of the Russian Federation must provide for the granting of active suffrage in elections to state authorities of the constituent entities of the Russian Federation and local self-government bodies to all citizens of the Russian Federation permanently or predominantly residing in the territory of the corresponding constituent entity of the Russian Federation or municipality. Restrictions on passive suffrage in the legislation of the constituent entities of the Russian Federation can only be associated with the age limit. At the same time, the established minimum age of a candidate cannot exceed 21 years in elections to the legislative (representative) bodies of state power of the constituent entities of the Russian Federation and local governments, and 30 years in the elections of the head of the executive power of a constituent entity of the Russian Federation. Establishing a residency requirement to restrict passive suffrage is not allowed.

Suffrage refers to political rights that are usually granted only to citizens. However, in various countries in cases specified by laws, the opportunity to have the right to vote is granted to foreigners. In the Russian Federation, 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” (clause 8, article 4, clause 4, article 18), foreigners can take part in elections under certain conditions. The law established that, in accordance with the international treaties of the Russian Federation and the corresponding federal laws, laws of subjects of the Russian Federation foreign citizens e, permanently residing in the territory of the respective municipality, have the right to elect and be elected to local governments on the same conditions as citizens of the Russian Federation.

Principle direct suffrage means that all voters of a given territory take part in the voting, the result of which is the election of a person to an elective office. The opposite of direct elections are indirect elections, when a person is elected either by some state (municipal) body, or voters first elect electors, and only then electors directly vote for candidates.

Principle equal suffrage means that citizens participate in elections on an equal footing. Each elector has one vote in voting. This is ensured by the fact that a voter can be included in the list of voters in only one polling station and only one ballot can be issued to him. The principle of equal suffrage also provides for the need to ensure that each voter's vote has the same "weight". This is achieved by the formation of constituencies equal in number of voters during the elections of deputies of legislative (representative) bodies of power. In relation to passive suffrage, the principle of equality means the provision of equal opportunities for the registration of candidates, the equality of the status of registered candidates, the same maximum size election funds, equality during the election campaign.

Principle secret ballot implies the inadmissibility of exercising any control over the will of a citizen. The opposite of secret is open voting, when the will of the voter becomes known to an unlimited circle of people. The principle of secret voting is the most democratic and is ensured by the fact that the voter is provided with a voting booth, and the ballot is not numbered (or marked in another way, which makes it possible to determine whether the ballot belongs to a particular voter).

One of the principles of suffrage is free and voluntary participation in elections. No one has the right to influence a citizen in order to force him to participate or not to participate in elections, as well as to influence his expression of will. The opposite of this principle is the so-called "mandatory vote", that is, the obligation under the threat of a fine or other punishment to participate in elections, established in the legislation of a number of countries (for example, Australia, Belgium, Turkey).

International legal acts in force on the territory of the Russian Federation establish such principles as free periodic non-rigged elections. Principle free elections volimo voluntary participation implies that the voter has the freedom of choice when voting. This is ensured by the alternativeness of elections, as well as by the entire democratic constitutional system of the state, in which individual freedom is fixed as the highest value, the rights to freedom of assembly and association, freedom of thought and speech, and information are recognized and ensured. The frequency of elections the most important principle, which means that the elected bodies exercise their powers for a certain period, after which new elections must be held. The Federal Law on Basic Guarantees establishes a maximum term of five years for elected bodies and individuals. At the same time, changing the term of office of existing bodies is not allowed. Principles genuine and non-rigged elections involve the identification and implementation of the freely expressed will of the people through the legislative consolidation of such a technology for holding elections that would not allow distorting the will of voters.

constitutional rights Russia. In essence, it is formed constitutional law, .

See: State Law of the Russian Federation / Ed. O.E. Kutafin. S. 249; Kozlova E.I., Kutafin O.E. Constitutional law of Russia. S. 256; .

Indeed, it is more logical for students to study first the general theory of constitutional law, and then the specifics - Russian constitutional law and others.

With the adoption of the new Constitution, a broad renewal of all institutions begins constitutional rights Russia. In essence, it is formed constitutional law, . .

See: Baglai M.V. Constitutional law of the Russian Federation. M., 1998; Rumyantsev O.G. Fundamentals of the constitutional system of Russia. M., 1994; State law.

3. State and Russian law after the February bourgeois-democratic revolution. 2. Constitution 1918 - First Basic Law Russian republics.

Constitutional law many states, including Russia, comes from the fact that state power acts on the central and sometimes also on.

Chirkin V.E. Constitutional law. Russia and foreign experience. pp. 285-292. And after all this, the author draws a general conclusion that “Russia is semi-presidential,.

Chapter II Constitution The Russian Federation secures the labor rights of citizens. Among. Constitution The Russian Federation guarantees to each employee right for a reward. .

For the first time in history Russian Constitution was adopted by referendum, which determines its high legitimacy. To the contents of the book: Constitutional law .

Electoral qualifications - what is it? Concept and types

The law establishes the right of citizens to vote. This means that the subjects have the opportunity to participate in voting for candidates for state bodies and local government structures. In addition, under certain conditions, citizens can themselves be elected. The norms allow the participation of persons in monitoring the voting, the work of commissions, including in determining the results of campaigns. Citizens can express their will during referendums and other events established by the legislation of the country, legal acts of the regions.

The principle of freedom of elections

The legislation divides the right to vote into passive and active. The latter presupposes direct participation in the voting, i.e., the expression of the will of the population. Passive right - the opportunity to become a candidate who will be elected. Participation of the population in voting is voluntary and free. No one can put pressure on people to force them to express their will or refrain from doing so. It is not allowed to create any obstacles for free participation in campaigns. Deputies of the State Duma are elected on the basis of an equal, universal, direct, secret ballot.

Settlement

In some cases, specific electoral qualifications are established. This is also determined by the specifics of the area. For example, in Ireland a citizen is not allowed to vote unless he has a place to sleep. It seems that the vagabonds who live under the bridges cannot take advantage of the right to vote. Formally, it is forbidden to participate in the voting of hired agricultural workers who are settled on other people's farms. These people do not live in their own homes, so they are denied active suffrage. In a number of countries, it is a prerequisite to be in the area where the voting takes place, constantly for a certain period. This period may vary. For example, in most American states you need to live permanently for 1-2 months, in Germany - 3 months, in France - six months, and in Canada - a year. There are quite logical reasons for establishing such electoral qualifications. This is primarily due to the fact that before voting, a person needs to know the specifics of the area, to feel like a member of the community. This circumstance is especially relevant in elections to territorial power structures. It should be said that even because of the short period of stay in the area, many do not participate in the vote. For example, in America there are a lot of seasonal workers. They move from one place to another during the harvest. These people do not participate in elections. Citizens who live in trailers (mobile homes) do not exercise their suffrage. According to some reports, there are about 6 million such people. They practically do not take part in the political life of the state.

AT modern world in most countries there are no gender restrictions. However, this was not always the case. Before World War I, for example, women were only allowed to vote in certain states. These were mainly Scandinavian countries (Iceland, Finland, Norway, Denmark), New Zealand and Australia. Dutch women were the first to be able to vote. In Great Britain the sexual qualification was lifted in 1918, in Germany a year later, and in the USA in 1920. After World War II, restrictions were lifted almost everywhere in the world. In 1944, women were allowed to vote in France. In Japan, restrictions were lifted in 1946, in Italy - in 1945. The longest sexual qualification lasted in Switzerland - until 1971. Although for the first time in this country the issue of giving women the opportunity to vote was raised as early as 1919. Its decision was delayed for long enough period. For nearly 50 years, there have been several polls and referendums. But only men who opposed the equalization of women in rights participated in them. That's why it took so long to resolve the issue. In some Middle Eastern states, not only women, but also men cannot vote. This is due to the fact that in such countries there are no elections at all. For example, such a situation in the UAE, Saudi Arabia. In Kuwait, only men can vote. In a number of states, there are still norms that infringe on the rights of women. For example, in Haiti, they can only vote for candidates for local structures. In Guatemala, there was a rule according to which only literate women could use the right to vote. And men are allowed to vote, regardless of education, ability to read / write. In El Salvador and Costa Rica, there was a mandate that married women could participate in elections from the age of 25, and unmarried - from the age of 30.

Property electoral qualification

It existed for quite a long time in all states that had a parliament. In these countries, prior to participation in election campaigns allowed persons, today called the middle class. They were determined quite simply - by the amount of tax paid. The literature noted that those citizens who do not have property, have not achieved a certain position in society, cannot be allowed to manage the affairs of the state. The proletariat, as a rule, was apolitical and illiterate. The working people have worked too hard to adequately understand what is happening around them. However, with the improvement of technology and the development of civilization, the reduction in the duration of work shifts, the expansion of the trade union movement, restrictions on property status became indecent. After the end of the First World War, they were almost universally eliminated. At present, the property qualification almost does not exist in open form. In a number of states, however, restrictions on the financial situation are established for candidates for deputies. For example, to register nominees for the presidency of Argentina, you need to provide evidence of a certain amount of annual income. By this, the candidate confirms that he seeks to take the post not for his own enrichment, but in the name of serving the people. Such a requirement is still present in the laws of Costa Rica, New Zealand, Mexico, Colombia, and Australia.

Additional restrictions

In some countries, there is a qualification for military personnel. Opinions were divided on his fairness. On the one hand, the armies of many countries today are formed on a professional basis, and their numbers are small. Accordingly, the participation or non-participation of soldiers in the voting will not significantly affect the results. At the same time, most often military personnel are deprived of passive rights. According to some authors, this seems to be fair. Service in the Armed Forces should not be burdened by politics. If a citizen wishes to participate in public administration, he will have to give up his military career. Some countries have religious qualifications. For example, in Iran, in order to be a candidate for parliament, a citizen must be a Muslim who actively preaches Islam. In this country, about 90% of board members are worshipers.

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Situation in Russia

The qualifications for the electoral right of the Russian Federation are quite few. One of the limitations has already been mentioned above. In particular, all citizens who have reached the age of 18 can participate in voting. Electoral qualifications in the Russian Federation include restrictions on presidential candidates and State Duma deputies. The head of state can be a subject who has reached 35 years of age. You can run for the State Duma from the age of 21. At the same time, a presidential candidate must have higher education, know the course of the municipal and civil service, as well as the Constitution of the country. In some states there are so-called moral electoral qualifications. In the Russian Federation, for example, it is forbidden to participate in voting for persons serving imprisonment. In Art. 48 of the Italian constitution does not allow subjects who have committed immoral acts specified in the law to participate in elections. Also banned from voting are bankrupts, drug addicts and other entities whose influence on the election results the authorities consider undesirable. In some countries, the ban on the exercise of one's suffrage acts as a punishment. In some cases, the law allows suspension of such a legal possibility. For example, such provisions are present in the Mexican constitution. According to the law of this country, the ability to participate in the vote, as well as to put forward one's candidacy in elections, may be suspended for systematic vagrancy or drunkenness. The appropriate restriction is imposed by the court. Another condition for nominating one's candidacy in Russia for the highest government positions is citizenship.

Conclusion

In total, there are about fifty qualifications in the world. All of them are connected with the specifics of the cultural development of a particular state, historical features. Many of them are well founded. For example, educational or age qualifications for persons nominating their candidacy for high government positions. Undoubtedly, a person who aspires to take the post of head of the country must have certain managerial experience and knowledge. Passive suffrage in Russia cannot be used by foreigners. This is also quite reasonable, since only its citizens who permanently reside in it and know its internal structure can manage the affairs of the state. Meanwhile, some countries still have rules that infringe on the freedoms of some people living in their territories. This mainly concerns women, who are not always allowed to vote or with certain reservations.

The concept of elections and the principles of suffrage

Elections — this is 1) the highest direct expression of the power of the people (Article 3 of the Constitution), 2) the form of participation of citizens in the management of state affairs (Article 32 of the Constitution) and the form of local self-government (Article 140 of the Constitution).

In direct elections, the general will of the people is expressed through individual voting in the manner prescribed by law. Through direct elections in the Russian Federation, representative bodies of power are formed and elected municipal positions are filled. Elections of the President and governor are direct.

Types of elections: a) elections of authorities of subjects of the Federation, representative bodies of the union state are distinguished by purpose (conducted on the basis of the Treaty "On the Union State of the Russian Federation and the Republic of Belarus"); elections of deputies of the State Duma; presidential elections; elections to legislative (representative) authorities of the subjects of the Federation; elections to legislative (representative) bodies of local self-government; elections of officials of local self-government; election of justices of the peace; b) on the grounds of appointment - regular elections are allocated (held after the expiration of the term of office of deputies, officials); early (carried out in case of early termination of powers by the authorities); additional (carried out in case of early termination of powers of individual deputies); repeat elections (held when the regular, early and by-elections have not taken place or have been declared invalid); c) according to legal significance, they distinguish - imperative elections (deputies, officials receive a mandate through direct elections or in another way).

Suffrage . This term is used in an objective and subjective sense. In an objective sense, suffrage is considered as a sub-branch (or general institution) of constitutional law. In a subjective sense, suffrage means the right of citizens to elect (active suffrage) and to be elected (passive suffrage).

Principles of electoral law in Russia- the fundamental principles that permeate the suffrage and characterize elections as a form of direct democracy.

Principles: 1) universal; 2) equal; 3) direct; 4) secret suffrage

Universality means that all citizens of the Russian Federation, regardless of gender, race, nationality, religion and other qualities, if they have reached the age specified by the Constitution of the Russian Federation, can take part in elections as voters or candidates for one or another elective position (Article 32 of the Constitution of the Russian Federation ). Restriction in the electoral rights of citizens is not allowed, except in cases provided for by federal laws (for example, citizens recognized by a court as incompetent or held in places of deprivation of liberty by a court verdict).

Qualifications of active suffrage. The qualifications for active suffrage are defined in the Law “On Basic Guarantees…” by uniform framework norms. The Russian Federation establishes citizenship qualification, age qualification, capacity qualification and moral qualification as qualifications for active suffrage .

According to the qualification of citizenship, citizens of the Russian Federation are recognized as voters. Foreign citizens and stateless persons are excluded from the number of voters (however, there are exceptions to this rule). The fact that a citizen of the Russian Federation has foreign citizenship (dual citizenship) does not deprive him of an active right to vote. The law allows the participation of foreign citizens permanently residing in the Russian Federation in local elections, subject to the conclusion of an appropriate international treaty. The Russian Federation has concluded several similar agreements:

– Treaty between the Russian Federation and Turkmenistan on legal status citizens of the Russian Federation permanently residing on the territory of Turkmenistan and citizens of Turkmenistan permanently residing on the territory of the Russian Federation dated May 18, 1995;

– Treaty between the Russian Federation and the Kyrgyz Republic on the legal status of citizens of the Russian Federation permanently residing on the territory of the Kyrgyz Republic and citizens of the Kyrgyz Republic permanently residing on the territory of the Russian Federation dated October 13, 1995,

Also, according to the Treaty between the Russian Federation and the Republic of Belarus on the establishment of the Union State, it is envisaged to hold elections to the House of Representatives, in which both citizens of the Russian Federation and citizens of the Republic of Belarus can participate, regardless of whether they permanently reside in the Russian Federation or in Belarus. At the same time, elections of the first convocation of deputies of the House of Representatives were not held and are unlikely to take place in the foreseeable future. This agreement de facto canceled the provisions of Art. 18 of the Charter of the Union of Russia and Belarus of May 27, 1997, according to which citizens of Belarus permanently residing in the Russian Federation are entitled to participate in municipal elections. Because of this, the citizens of Belarus were denied the right to participate in local elections. However, after the change of leadership in the CEC of the Russian Federation, the situation changed dramatically: according to the CEC of the Russian Federation, paragraph 5 of Art. 14 of the Treaty on the Establishment of the Union State, which establishes the equality of citizens of the Union State, implies the right of Belarusian citizens to participate in local elections, especially since the Republic of Belarus allowed Russian citizens to vote in similar elections. Because of this, following the principle of reciprocity, the leadership of the CEC of the Russian Federation informally demanded that Belarusian citizens be included in the voter lists. In our opinion, such a decision should be official and based on a specific provision of an international treaty (paragraph 5 of article 14 does not contain such a clear indication, especially since it allows for the establishment of differences in the legal status of citizens in the legislation of the participating states).

According to the requirements of the age limit, citizens who have reached the age of 18 by voting day are vested with active suffrage. If a citizen reaches the age of 18 by voting day, but is not yet an adult, he is still entitled to participate in electoral activities.

In Russia, people who have been declared incompetent by a court (the so-called qualification requirement or mental health qualification) are deprived of their voting rights. At the same time, it must be borne in mind that the deprivation of a citizen of active suffrage is associated with the entry into force of a court decision declaring him incompetent. Recognition of a citizen by a court of limited legal capacity in no way does not affect on his status as a voter.

Persons serving sentences in places of deprivation of liberty by a court verdict are also deprived of their voting rights (moral qualification). At the same time, only citizens are deprived of active voting rights, firstly, those sentenced to real(rather than conditional) imprisonment. Secondly, the verdict must enter into force. Persons released from places of deprivation of liberty are again recognized as participants in electoral legal relations. They have no criminal record does not affect on their voting status.

The residency requirement is not formally established, but its provisions still apply. So, military personnel who are in military units on the territory of municipalities are not entitled to participate in municipal elections if their place of residence is located on the territory of another municipality - the provisions of paragraph 5 of Art. 17 of the Law "On Basic Guarantees ...".

Qualifications of passive suffrage. As such, the Russian Federation provides for a qualification of citizenship, an age qualification, a qualification for legal capacity, a moral qualification, a residence qualification and a qualification for non-election.

First, citizens of the Russian Federation who have the citizenship of a foreign state do not have the right to be elected.

The age requirement for passive suffrage is increased compared to the requirement for active suffrage (to be elected President of the Russian Federation, you must be at least 35 years old, to be elected to the State Duma, you must be 21 years old on the election day). The constitution (charter), the law of a constituent entity of the Russian Federation may establish additional conditions for the exercise by a citizen of the Russian Federation of passive suffrage, related to the achievement by a citizen of a certain age. A person who has reached the age of 30 may be nominated as a candidate for governor. The established minimum age of a candidate may not exceed 21 years on the day of voting in elections to the legislative (representative) body of state power of a constituent entity of the Russian Federation and in the elections of the head of a municipality. Candidates for deputies of local representative bodies must be 18 years of age by voting day in elections. Establishing a maximum age of a candidate is not allowed.

age limit

Age requirement - the requirement of the electoral law, according to which the right to participate in elections, reform or hold a certain position is granted only after reaching a certain age.
In most countries of the world, the age limit for exercising active suffrage is 18 years.
The age limit for the exercise of passive suffrage may be set by the lower and upper limits.

See also: Electoral qualifications

• - the requirement of the electoral law, according to which the right to participate in elections, reform or hold a certain position is granted only after reaching a certain age ...

  Financial vocabulary

• - the legal age at which the right to vote and be elected is granted ...

  Law Encyclopedia

• - establishing the age at which a citizen is granted the right to vote and be elected ...

  Encyclopedic Dictionary of Constitutional Law

• - in constitutional law, the age at which one can participate in elections, a referendum or hold a certain position ...

  Glossary of legal terms

• - age restriction of one or another type of activity of a person or his ...

  Big Economic Dictionary

• - ...

  Encyclopedic Dictionary of Economics and Law

• - in suffrage, see Electoral qualifications ...

  Great Soviet Encyclopedia

• - B/ pr; 109 claim see _Appendix II I fell ill with an age-related disease. I don’t know how it happened, but everything that happens to me, it seems to me, has already happened a long time ago ...

  Dictionary of Russian accents

• - ...

  Spelling Dictionary of the Russian Language

• - AGE, -a, ...

  Explanatory dictionary of Ozhegov

• Explanatory Dictionary of Ushakov

• - AGE, age, age, and AGE, age, age. adj. to age; determined by age, determined by age. Age groups of the population. The age limit for entering schools ...

  Explanatory Dictionary of Ushakov

• - age adj. 1. ratio with noun. age associated with it 2. Peculiar to any age, characteristic of it. 3. Determined by age. 4. Age related...

  Explanatory Dictionary of Efremova

• - age "...

  Russian orthographic dictionary

• - ...

  Word forms

• - adj., number of synonyms: 1 middle-aged ...

  Synonym dictionary

"Age limit" in books

age limit