LawState and Law

Electoral qualifications are what? Concept and types

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

The principle of freedom of elections

Legislation divides the suffrage into passive and active. The latter presupposes direct participation in the vote, that is, the expression of the will of the population. Passive right is the opportunity to become a candidate to be elected. The participation of the population in the voting is voluntary and free. No one can exert pressure on people to force them to express their will or to abstain from it. 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.

Normative base

Legislation governing the election of the president of the country is formed primarily by the constitution. Its provisions are specified in Federal Law No. 67. This law regulates the basic guarantees of suffrage and participation in referendums of Russian citizens. The regional authorities can also adopt other normative acts in this sphere that do not contradict the Constitution and the Federal Law.

The concept of an electoral qualification

As was said above, participation of citizens in voting, will is carried out under a number of conditions. They are the electoral qualifications. этих условий закрепляются нормативно. The concept and types of these conditions are fixed normatively. All of them are divided into 2 large groups. The first are natural, and the second are arbitrary conditions. законодательством. Let us consider which electoral qualifications are provided for by the current legislation.

Natural conditions

. This category includes the age limit of suffrage . He assumes that a citizen can participate in voting only if he has fulfilled a certain number of years. в разных странах различны. Such censuses of active suffrage in different countries are different. For example, in Russia you can participate in voting from the age of 18. I must say that this threshold was not established at once. Until the mid-sixties of the last century, in most states, a citizen could participate in voting only from the age of 21. It was believed that this age of complete legal personality, absolute majority. Having attained 21 years, a person can enter into an inheritance, independently carry out various kinds of transactions and so on. However, over time, this threshold began to be perceived as unnatural, abnormal. It was due to the fact that in the early 60-ies the realities of life changed significantly. This was especially noticeable in the USA. America at that time participated in the Vietnam War. There was a military duty in the country . In fact, there was a very controversial situation. Young people conscripted into the ranks of the army from the age of 18, died in battles for the ideals of the state, could not participate in its political life. There was a need to reduce electoral qualifications. и произошло в 60-е годы. This happened in the 60s. In the UK, the threshold fell by the 1970s. However, even today some higher electoral qualifications are set in some countries . , в частности, отмечается в Швейцарии и Японии. This , in particular, is celebrated in Switzerland and Japan. In these countries, you can participate in voting from the age of 20.

Nomination of a candidate

. There are natural qualifications of passive suffrage . As a rule, the threshold for nominating one's candidature for voting is higher than for participation in the procedure of expression of will. It is determined by the following. , законодатель предполагает, что человек, предлагающий свою кандидатуру на какой-либо пост (депутата, мэра, сенатора, Президента, в конце концов), имеет определенный опыт. By establishing censuses of the electoral law , the legislator assumes that the person proposing his candidacy for any post (deputy, mayor, senator, President, in the end) has some experience. The threshold can be 25, 35 years and so on. In Italy, for example, a citizen can be nominated to senators only after reaching 40 years. And to participate in voting for members of the Senate with only 25.

Education and literacy

In some countries, such types of electoral qualifications are also established. In a number of countries, the level of education is checked when registering the voting participants. In some American states, for example, there was a rule by which a citizen received the constitution of the country. He needed to read a few lines from it and explain them in his own words. This determined the level not only of ordinary, but also political literacy of a person. An indispensable condition for participation in voting in some states is the ability to write and read in the language of the country in which the voter lives. In some cases, a citizen is required to prove a secondary education. In order to nominate candidates for higher positions, a diploma is sometimes required for graduation.

Specificity of some countries

устанавливаются в зависимости от особенностей населения. Educational qualifications of suffrage are established depending on the characteristics of the population. In a number of states, the percentage of illiterate citizens is high. They are allowed to vote without any conditions and even make it easier for them to choose. According to the constitution of Ecuador, those who can write and read necessarily take part in electoral events. For the illiterate, the realization of their potential is optional (desirable). After the adoption of the Constitution of Peru (in 1980), about one million uneducated people were admitted to the elections. In India, the procedure for the illiterate is simplified. In this country, every party and every candidate has its own symbol. This can be a lotus, pigeon, ear, etc. Voters see their symbols during the speeches of candidates and then tick the sign in the bulletin.

Settlement

In some cases specific selective qualifications are established. также обуславливается спецификой местности. This is also caused by the specifics of the terrain. For example, in Ireland, a citizen is not allowed to participate in the voting if there is no place for sleep. It seems that the vagrants who live under bridges can not take advantage of the right to vote. Formally, it is forbidden to participate in voting to hired agricultural workers who are resettled on foreign farms. These people do not live in their own homes, so they are denied active voting right. In a number of countries, a mandatory condition is the presence on the terrain in which the voting takes place, permanently during a certain period. This period can be different. For example, in most US states you need to live 1-2 months continuously, in Germany - 3 months, in France - six months, and in Canada - a year. There are quite logical reasons for establishing such electoral qualifications. в первую очередь связано с тем, что человеку, прежде чем участвовать в голосовании, нужно узнать специфику местности, почувствовать себя членом общины. This is primarily due to the fact that a person, before participating in the vote, you need to know the specifics of the area, feel yourself a member of the community. This circumstance is especially important in elections to territorial power structures. It should be said that even because of the short period of stay on the ground, many do not participate in the voting. For example, there are a lot of seasonal workers in America. They move from one place to another during harvesting. These people do not participate in elections. Citizens who live in trailers (mobile homes) do not exercise their voting rights. According to some sources, there are about 6 million such people. They practically do not take part in the political life of the state.

Floor

In the modern world in most countries there are no gender restrictions. However, this situation was not always. Prior to World War I, for example, women were only allowed to vote in some states. Mostly these were Scandinavian countries (Iceland, Finland, Norway, Denmark), New Zealand and Australia. Dutch women were the first to vote. In the UK, the sexual qualification was withdrawn in 1918, in Germany a year later, and in the United States in the 1920s. After World War II, the lifting of restrictions was almost universal throughout the world. In 1944, in France, women were allowed to vote. In Japan, restrictions were lifted in 1946, in Italy - in 1945. The longest existed a sexual qualification in Switzerland - until 1971. Although for the first time in this country the issue of granting women the opportunity to vote was raised as far back as 1919. Its decision was dragged on A sufficiently long period. For almost 50 years, several polls and referenda have been conducted. But they involved only men who opposed the equalization of women's rights. Therefore, the solution of the issue was so prolonged. In some Middle Eastern states, not only women, but also men, can not be voted. This is due to the fact that in such countries elections are generally not provided. For example, this is the situation in the UAE, Saudi Arabia. In Kuwait, only men participate in elections. In a number of states, today there are norms that infringe the rights of women. For example, in Haiti, they can only vote for candidates for local structures. In Guatemala, there was a rule that only women who were literate could use the right to vote. And men are allowed to vote, regardless of education, the ability to read / write. In El Salvador and Costa Rica, there was an injunction that married women could participate in elections from 25, and unmarried women from 30 years of age.

Property qualification

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

Additional restrictions

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

The situation in Russia

достаточно немногочисленны. Censuses of the suffrage of the Russian Federation are rather few. One of the limitations has already been mentioned above. In particular, all citizens who have reached the age of 18 can participate in the voting. включают в себя ограничения для кандидатов в президенты, депутаты Госдумы. Electoral qualifications in the Russian Federation include restrictions for presidential candidates, State Duma deputies. The head of state can become a subject who has reached the age of 35. In the State Duma you can run from 21 years. In this case, the presidential candidate must have a higher education, know the course of the municipal and civil service, and also the Constitution of the country. In some states, so-called moral voting qualifications operate . , например, запрещено участвовать в голосовании лицам, отбывающим тюремное заключение. In the Russian Federation , for example, it is prohibited to participate in voting to persons serving a prison term. In Art. 48 of the Italian constitution does not allow for election of subjects who have committed immoral acts specified in the law. Also, participation in the voting of bankrupt, drug addicts and other entities whose influence on the results of elections the government considers undesirable is prohibited. In some countries, the ban on the exercise of their electoral rights is a punishment. In some cases, the law allows the suspension of such a legal possibility. For example, this kind of provisions are present in the constitution of Mexico. According to the law of this country, the opportunity to participate in the vote, as well as to run for election, may be suspended for systematic vagrancy or drunkenness. The appropriate restriction imposes a court. Another condition for the nomination of his candidacy in Russia for higher statehood is citizenship.

Conclusion

In total there are about fifty qualifications in the world. All of them are related to the specifics of the cultural development of a particular state, historical features. Many of them are fully justified. For example, an educational or age qualification for people who nominate themselves for high public office. Undoubtedly, a person who aspires to take the post of head of the country must possess certain managerial experience and knowledge. Passive right to vote in Russia can not be used by foreigners. This is also justifiable, since it is only citizens who are able to manage the affairs of the state who permanently reside in it and know its internal structure. In the meantime, some countries still have norms that infringe the freedoms of some people living in their territories. This is mainly true for women who are not allowed to participate in the voting, or with certain reservations.

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