Definitive basis for the constitutional protection of passive electoral rights in the Russian Federation

Relevance . The study of issues of protection of fundamental rights and freedoms of man and citizen since the birth of Russian constitutionalism and to this day is one of the key areas in legal science. The essence of constitutional protection of passive electoral rights in Russia belongs to the little-studied aspects of domestic constitutional law. In no small measure, a certain impetus for the present study was the tendentious scale of the loss of the status of candidates during the election campaign of 2021 for the election of deputies to the State Duma of the Federal Assembly of the Russian Federation. The purpose of the study is to update theoretical and practical approaches to the protection of passive electoral rights of Russian citizens, to conceptually clarify the definitive series that collectively affect the effectiveness of constitutional and legal protection of the declared subjective rights. Objectives : to analyze the conceptual foundations and structural components of constitutional protection in general and passive electoral rights in particular, taking into account the provisions of the general theory of law and branch science, legislation, interpretation of constitutional justice bodies. Methodology . Study was based on the dialectical method of cognition, as well as such general scientific and special research methods as: analysis and synthesis, induction and deduction, statistical, formal-logical and comparative-legal methods. The results of the study allowed to form the conceptual basis of the constitutional protection of passive electoral rights in Russia in the paradigm of constitutional and branch science, namely: to present the author's conclusions and generalisations about the interpretation of passive electoral rights of Russian citizens; their constitutional protection; functional orientation of its mechanism. Conclusion . The constitutional protection of passive electoral rights of Russian citizens is a law-supporting mechanism determined by constitutional provisions to prevent violations and eliminate obstacles in the implementation of the constitutional right of citizens to be elected to public authorities.

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Publication Details

Journal
Proceedings of the Southwest State University Series History and Law
Published
2025-01-09
DOI
https://doi.org/10.21869/2223-1501-2024-14-6-53-67
Primary Topic
Legal and Policy Issues
Type
article
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article

Definitive basis for the constitutional protection of passive electoral rights in the Russian Federation

Pavel Melnikov
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Proceedings of the Southwest State University Series History and Law
Legal and Policy Issues
article

Definitive basis for the constitutional protection of passive electoral rights in the Russian Federation

Pavel Melnikov
article en

Abstract

Relevance . The study of issues of protection of fundamental rights and freedoms of man and citizen since the birth of Russian constitutionalism and to this day is one of the key areas in legal science. The essence of constitutional protection of passive electoral rights in Russia belongs to the little-studied aspects of domestic constitutional law. In no small measure, a certain impetus for the present study was the tendentious scale of the loss of the status of candidates during the election campaign of 2021 for the election of deputies to the State Duma of the Federal Assembly of the Russian Federation. The purpose of the study is to update theoretical and practical approaches to the protection of passive electoral rights of Russian citizens, to conceptually clarify the definitive series that collectively affect the effectiveness of constitutional and legal protection of the declared subjective rights. Objectives : to analyze the conceptual foundations and structural components of constitutional protection in general and passive electoral rights in particular, taking into account the provisions of the general theory of law and branch science, legislation, interpretation of constitutional justice bodies. Methodology . Study was based on the dialectical method of cognition, as well as such general scientific and special research methods as: analysis and synthesis, induction and deduction, statistical, formal-logical and comparative-legal methods. The results of the study allowed to form the conceptual basis of the constitutional protection of passive electoral rights in Russia in the paradigm of constitutional and branch science, namely: to present the author's conclusions and generalisations about the interpretation of passive electoral rights of Russian citizens; their constitutional protection; functional orientation of its mechanism. Conclusion . The constitutional protection of passive electoral rights of Russian citizens is a law-supporting mechanism determined by constitutional provisions to prevent violations and eliminate obstacles in the implementation of the constitutional right of citizens to be elected to public authorities.

Proceedings of the Southwest State University Series History and LawVol. 14(6)
Belgorod National Research University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 99%
Legal and Policy Issues
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