Таева Н.Е. Нормы об избирательных правах иностранных граждан в Российской Федерации: национальный и международно-правовой аспекты

Аннотация: The right to elect and to be elected is the most significant one in the group of political rights, as it enables an individual to influence national policy. This article gives an analysis of the major international legal acts regulating electoral rights of foreign citizens in the host country. The Russian legislation is characterized in comparison with international regulations. The author comes to a conclusion on existence of conflicts in the Russian legislation with regard to securing the foreign citizens’ right to elect and to be elected. The ways of resolving the conflicts are proposed. The article also deals with the issue of bilateral treaties granting electoral rights to foreign citizens at a local level as well as with the issue of necessity of signing such treaties. The author draws the following conclusions with regard to granting electoral rights to foreign citizens on the territory of the Russian Federation. First, taking into account the trend towards economic and political integration, priority should be given to the CIS countries when signing bilateral treaties. Second, granting of electoral rights to foreign citizens permanently residing on the territory of the Russian Federation should be limited by the “voting right,” i.e. the active electoral right. Third, it is necessary to secure in the Russian legislation the mechanism of electoral rights exercising by foreign citizens. Fourth, it is required to unify regulations on electoral rights of foreign citizens in terms of establishing a standard requirement of permanent residence implying availability of a residence permit. Besides, it appears expedient to secure in the legislation of the Russian Federation, as a prerequisite for electoral right exercising by foreign citizens, a requirement of a three-year period of permanent residence on the territory of the corresponding municipal entity starting from the date of obtaining a residence permit. On the whole, as no international treaties granting electoral rights to foreign citizens are currently available in the Russian Federation, the reform of legislation in that sphere might proceed smoothly.

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Abstract: The right to elect and to be elected is the most significant one in the group of political rights, as it enables an individual to influence national policy. This article gives an analysis of the major international legal acts regulating electoral rights of foreign citizens in the host country. The Russian legislation is characterized in comparison with international regulations. The author comes to a conclusion on existence of conflicts in the Russian legislation with regard to securing the foreign citizens’ right to elect and to be elected. The ways of resolving the conflicts are proposed. The article also deals with the issue of bilateral treaties granting electoral rights to foreign citizens at a local level as well as with the issue of necessity of signing such treaties. The author draws the following conclusions with regard to granting electoral rights to foreign citizens on the territory of the Russian Federation. First, taking into account the trend towards economic and political integration, priority should be given to the CIS countries when signing bilateral treaties. Second, granting of electoral rights to foreign citizens permanently residing on the territory of the Russian Federation should be limited by the “voting right,” i.e. the active electoral right. Third, it is necessary to secure in the Russian legislation the mechanism of electoral rights exercising by foreign citizens. Fourth, it is required to unify regulations on electoral rights of foreign citizens in terms of establishing a standard requirement of permanent residence implying availability of a residence permit. Besides, it appears expedient to secure in the legislation of the Russian Federation, as a prerequisite for electoral right exercising by foreign citizens, a requirement of a three-year period of permanent residence on the territory of the corresponding municipal entity starting from the date of obtaining a residence permit. On the whole, as no international treaties granting electoral rights to foreign citizens are currently available in the Russian Federation, the reform of legislation in that sphere might proceed smoothly.

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