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УДК: 342.72/73
Adilov A. G.
Undergraduate 1 year of study Faculty "State and Municipal Management" Dagestan State University TOE RIGHT OF CITIZENS JF THE RUSSION FEDERATION PARTICIPATES IN GJVERNMENT
Annotation: Human rights define the minimum conditions for the preservation of human dignity and life, are a universal category, which are the possibilities arising from human nature to enjoy the elementary, most important benefits and conditions of a safe, free existence of an individual in society. The article analyzes the implementation by citizens of their rights under the regulations of the Russian Federation, identifies elements that contribute to the strengthening of the democratic system of the state.
Keywords: human rights, state, state affairs management, electoral system.
The right of citizens of the Russian Federation to participate in managing state affairs, both directly and through their representatives, is based on the constitutional principle of the sovereignty of the people, according to which the only source of power in the Russian Federation is its multinational people1.
The implementation of the constitutional rights of citizens is carried out in the following ways:
1) the right to elect and be elected to state bodies
2) authorities and local governments;
3) the right to participate in the referendum;
4) the right to equal access to public service;
5) the right to participate in the administration of justice.
The highest form of citizen participation in the management of state affairs, as well as the direct expression of the power of the people, is free elections. Citizens of the Russian Federation participate in elections on the basis of universal, equal and direct suffrage by secret ballot. Participation in elections for citizens is free and voluntary2.
Active suffrage among citizens of Russia comes at age 18. The exercise of the right to be elected depends on the level of elections. This way of realizing the right of a citizen is expressed in the nomination of his candidacy for the role of a person performing important state functions. So, from the age of 18, a citizen has the right to be elected as a deputy of the representative body of the municipality. Upon reaching the age of 21 years - to be elected deputy of the legislative body of state power, an elected official of local self-government. A citizen may be elected deputy of the State Duma of the Russian Federation upon attaining 21 years of age.
Restriction of voting rights is possible if the court recognizes a citizen as
1 The Federal Constitutional Law "On the referendum of the Russian Federation"
2 Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation"
incapable or is contained in places of deprivation of liberty by a court sentence. Citizens of the Russian Federation who have the citizenship of a foreign state or a residence permit on the territory of a foreign state are not eligible to be elected.
In the elections in the Russian Federation, two types of electoral systems are used - majoritarian and proportional. Under the majority electoral system, the voting is carried out for specific candidates in single-mandate or multi-member constituencies, while the one who receives the majority of votes is considered elected.
When proportional, the voting is carried out for party lists, and representatives of parties allowed to the distribution of deputy mandates, depending on the number of votes cast, are considered elected. Fully on party lists elections to the State Duma of the Russian Federation are held. Recently, criticism of such a method of forming State Duma deputies has been heard more and more often, since it does not allow non-party citizens to realize passive suffrage on their own. The answer to this criticism was the introduction into the federal legislation of the rule according to which any citizen of the Russian Federation who is not a member of any political party is entitled to be included in the party list of candidates for elections from any political party, subject to his nomination.
However, the participation of citizens in the management of state affairs is not limited to elections. Elected officials must protect the rights and legitimate interests of the people. For this, the deputy is obliged to consider voter appeals, personally receive citizens, hold meetings with voters, and also take other measures to ensure communication with voters.
An effective guarantee of the proper representation of interests of citizens is the possibility of the recall of officials by electors. True, this possibility exists only in relation to deputies of representative bodies and other elected officials of local self-government.
In addition to the elections, the will of the population is intended to reveal a referendum. The referendum is understood as voting of the citizens of the Russian Federation on the most important issues of state and public life, which is of mandatory importance for the state authorities and local governments.
Depending on the level of the referendum may be general federal, regional and local.
The referendum is carried out on the basis of universal equal direct and free will of the citizens of the Russian Federation by secret ballot. Citizens of the Russian Federation who have reached the age of 18 have the right to participate in a referendum.
An important mechanism for participation in the management of state affairs is associated with access to the public service. This right means the equal right of all citizens to take up any government position in accordance with their abilities and professional training and without discrimination on the basis of race, nationality or other affiliation3.
3 Federal Law "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation"
Citizens of the Russian Federation who have reached the age of 18 years, who speak the state language of the Russian Federation and meet the qualification requirements of the law are entitled to enter the civil service in accordance with Federal Law No. 79 "On the State Civil Service of the Russian Federation" Qualification requirements include requirements for the level of vocational education, civil service experience or work experience in the specialty, professional knowledge and skills necessary for the performance of official duties, depending on the category and group of positions4.
The equality of the rights of citizens upon entry into the service is ensured by the application of competitive procedures, which consist in assessing the professional level of applicants for the civil service position and their compliance with the established qualification requirements.
In conclusion, it should be noted that the realization of the rights of citizens is possible only due to correctly adopted and applied bills passed by deputies of the regional and federal level.
References:
1. The Federal Constitutional Law "On the referendum of the Russian Federation";
2. Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation";
3. Federal Law "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation";
4. Federal Law "On the State Civil Service of the Russian Federation".
4 Federal Law "On the State Civil Service of the Russian Federation"
