Цензы и ограничения при реализации пассивного избирательного права на выборах депутатов Государственной Думы: конституционные постулаты и их имплементация в российском законодательстве

Abstract

IntroductionIntroduction. In the fall of 2026, the next elections for deputies of the State Duma of the Federal Assembly will be held, and the real electoral process will be subject to the legal requirements and restrictions for candidates from among the citizens of the Russian Federation. The current processes of domestic state-building are characterized by a rethinking of the basic principles of the organization and functioning of the national mechanism of state power, primarily in the context of the exercise of constitutional rights by the citizens of the Russian Federation. Under these circumstances, the problem of the legal nature of electoral qualifications and restrictions, their doctrinal development, their place in the system of constitutional law, and their role in the implementation of citizens' right to participate in the management of state affairs in the context of the right to be elected to public authorities becomes relevant.PurposePurpose. Based on a systematic and logical analysis of the existing qualifications and restrictions on passive suffrage in the elections of deputies to the State Duma of the Federal Assembly of the Russian Federation, to make proposals for improving the application of the current legislation on this issue.Theoretical foundationsTheoretical foundations. The presence of electoral qualifications and restrictions is intended to contribute to the formation of a high-quality professional staff of State Duma deputies, which allows for increasing the effectiveness of the state's legislative activities. The use of electoral qualifications and restrictions in the processes of state building contributes to streamlining the conditions and requirements for voters and candidates for representative bodies of state power and local self-government, as well as other public authorities. Based on the existing national practice, we believe that certain qualifications and restrictions on passive suffrage in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation need to be adjusted. At the same time, it is important that the introduction of innovations be acceptable for the real implementation of citizens' electoral rights and freedoms, and that it not be excessive or transformative into a tool for discriminating against individual citizens.Results and conclusionsResults and conclusions. The issues of the application of electoral qualifications and restrictions on passive suffrage during the election of the State Duma in Russia require close attention from federal authorities and civil society. It is advisable to accelerate the process of improving the legal regulation of these social relations, taking into account the more than thirty years of experience in electing this chamber of the Russian parliament. The theoretical provisions formulated in the article can be used in subsequent scientific research on this issue.