Problems of implementation of the principle of universal suffrage

The article presents the results of a study of the theoretical foundations of the principle of universal suffrage, the practice of its implementation. The analysis of the decisions of the Constitutional Court of the Russian Federation, the European Court of Human Rights in which it is reflected is carried out. The authors note that the elections of deputies of the State Duma of the VIII convocation and regional parliaments, which took place in September 2021, once again in the history of electoral democracy in Russia intensified the problem of limiting passive suffrage. The transience of updating the electoral legislation in terms of restrictions on subjective suffrage, the absence of substantial or other discussion of it by the expert community is noted. According to the authors, the modern electoral legislation of Russia as a whole demonstrates a fairly high level of formalization of norms and develops outside the logic of including "soft" methods of legal regulation, ethical and moral values in the electoral process. The imperative method is traditionally regarded as the most prevalent and effective in regulating electoral relations, determining the status of the main subjects of the electoral process. The conducted historical and legal analysis of the electoral law demonstrates that almost all periods of its formation were accompanied by restrictions on the right to vote and be elected. This conclusion is directly related to both the domestic and foreign history of electoral democracy. The restriction of passive suffrage in the conditions of recognition of political and ideological diversity as one of the principles of the constitutional system of Russia can lead to conflict caused by the status, socio-psychological assessment of one's own lack of demand or unrealizability. Particular attention was paid by the authors to the practice of implementing the provisions of the electoral legislation that enshrine the refusal of registration of candidates or its cancellation on the basis of their possession of foreign financial instruments, involvement in the activities of extremist organizations. The problem of guarantees of passive suffrage has actualized discussions about constitutional identity. The concept of constitutional identity in modern constitutional and legal science has not yet been properly developed. The scientific, practical and political interest of constitutional identity, as a rule, increases in connection with the interaction of international and national law and order. Constitutional identity means the consolidation in the Constitution of the Russian Federation of values, principles and norms that are conditioned by the natural laws of constitutional development.

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