FOR A DISCUSSION ABOUT THE “MUNICIPAL FILTER”

Abstract

The model for elections of top officials of the constituent entities of the Russian Federation, which was restored by amendments to the federal legislation in 2012, differs significantly from the previous regional election campaigns and establishes special conditions for the participation of candidates. These include support for the nomination of a candidate for the post of head of a constituent entity of the Russian Federation by representatives of local authorities elected by the population - municipal deputies and heads of municipal formations, which very quickly received the informal name “municipal filter” among lawyers, political scientists and publicists. Among other novelties of electoral legislation, it is this requirement that has been the subject of sharp criticism for ten years. Materials and methods. In preparing the article, the authors analyzed federal legislation, by-laws, election campaign materials, and judicial practice of the Constitutional Court of the Russian Federation. The main methods used are technical-legal, formal-legal, comparative-legal. Results. The requirement to support the nomination of a candidate for the post of the highest official of a constituent entity of the Russian Federation can be assessed as a complex and contradictory procedure. It performs important functions in controlling the electoral process, ensuring the unity of the Russian public power system, developing local self-government, and strengthening the political and party systems. However, in modern Russian political conditions, the prevalence of a certain political force in local self-government bodies, the “municipal filter” is being transformed from a legal procedure into an instrument of unfair political struggle. Conclusions. The study substantiates the need to preserve and reform the “municipal filter” in terms of reducing the minimum and maximum levels of support for candidates and reducing the territorial coverage of municipalities in the region.