For a Discussion About the “Municipal Filter”
( Pp. 93-100)

Introduction. 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.

Markov R.S., (2021), FOR A DISCUSSION ABOUT THE “MUNICIPAL FILTER”. Gaps in Russian Legislation, 6 => 93-100.

On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: Federal Law of the Russian Federation of October 6, 1999 No. 184-FZ (as amended on June 11, 2021) // Collected Legislation of the Russian Federation.1999. No. 42. Art. 5005.
Message of the President of the Russian Federation to the Federal Assembly of December 22, 2011 // Rossiyskaya gazeta. 2011.23 December.
On Methodological Recommendations for Acceptance of Support Sheets for Candidates for the Position of the Highest Official of the Constituent Entity of the Russian Federation (Head of the Supreme Executive Body of State Power of the Subject of the Russian Federation) and Verification of the Authenticity of Signatures of Deputies of Representative Bodies of Municipal Formations and (or) Heads of Municipal Formations Elected in Municipal Elections: Resolution of the Central of the Election Commission of the Russian Federation of March 27, 2013 No. 168/1222-6 // Bulletin of the Central Election Commission of the Russian Federation. 2013. No. 4.
On the refusal to register a candidate for the post of Governor of the Primorsky Territory Andrey S. Ishchenko: the decision of the Election Commission of the Primorsky Territory of November 24, 2018 No. 139/1210 // Primorskaya Gazeta: the official publication of the state authorities of the Primorsky Territory. 2018. 28th November.
On the refusal to register Nikolai V. Razvorotnev as a candidate for the post of head of the Lipetsk region administration: Resolution of the Election Commission of the Lipetsk region dated July 25, 2014 No. 104 / 973-5 // Lipetsk newspaper. 2014. 26th July.
On the refusal of Evgeny V. Roizman to register as a candidate for the post of Governor of the Sverdlovsk Region: Resolution of the Election Commission of the Sverdlovsk Region on July 31, 2017 No. 21/181 // Regional newspaper. 2017. 2th August.
In the case of checking the constitutionality of certain provisions of federal laws “On general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” and “On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” in connection with the request group of deputies of the State Duma: Resolution of the Constitutional Court of the Russian Federation dated December 24. 2012 No. 32-P // Collected legislation of the Russian Federation. 2012. No. 53 (part 2). Art. 8062.
Bainova M.S. Municipal filter: modern problems of regional elections // State Councilor. 2017. No. 2. Pp. 10-14.
Dzhagaryan A.A., Dzhagaryan N.V. A new procedure for filling the position of the head of a constituent entity of the Russian Federation as a combination of direct and representative principles. Commentary on the Resolution of the Constitutional Court of the Russian Federation of December 24, 2012 No. 32-P // Comparative Constitutional Review. 2013. No. 2. Pp. 140-156.
Dolgikh F.I. Municipal filter in regional elections: problem points and legal parameters of optimization // Electoral legislation and practice. 2019.No. 2. Pp. 15-19.
Latukhina K. Voice of trust // Russian newspaper - Capital issue. 2018. 30 October. P. 2.
Malyshenko V.A. On some aspects of the election of senior officials of the constituent entities of the Russian Federation and the passage of the municipal filter // Modern Science: Actual Problems of Theory and Practice. Series: Economics and Law. 2017. No. 9. Pp. 84-87.
Orlov D.I. Results of the elections of heads of regions in 2017: political experience and possible amendments to the electoral legislation // Electoral legislation and practice. 2017. No. 4. Pp. 10-11.
Postnikov A.G. On the constitutional legal method of regulation // Journal of Russian law. 2012. No. 12. Pp. 32-38.
Prokofiev M.A. Municipal filter: legitimate contradictions and possible changes // Electoral legislation and practice. 2018. No. 1. Pp. 40-43.
Soloviev S.G. Municipal filter as a potential tool for the development of Russian local self-government // Black holes in Russian legislation. 2018. No. 4. Pp. 29-33.
Trifonov D.S. Municipal filter as one of the legal mechanisms of government influence on regional policy // Politics and Society. 2016. No. 8. Pp. 1104-1109.
Cherepanov V.A. Municipal filter in gubernatorial elections: pros and cons // State power and local government. 2015. No. 7. Pp. 36.
Shchegoleva N.A. Elections of the highest official of a constituent entity of the Russian Federation: problems and modern trends // Bulletin of state and municipal management. 2014. No. 3. Pp. 42-46.
A. Klishas: It is necessary to reduce the “municipal filter” to 5 percent. URL: http://council.gov.ru/events/news/ 101773/ (date accessed: 15.10.2021).
Draft Law No. 592417-7 “On Amendments to Clause 3 of Article 18 of the Federal Law of October 6, 1999 No. 184-FZ “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of Subjects of the Russian Federation” an official of a constituent entity of the Russian Federation, head of the supreme executive body of a constituent entity of the Russian Federation)”. URL: http://sozd.duma.gov.ru/bill/592417-7 (date accessed: 15.10.2021).
Draft Law No. 679381-7 “On Amendments to Article 18 of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Constituent Entities of the Russian Federation” (in terms of improving the procedure for the election of the highest official of the constituent entity of the Russian Federation)”. URL: http://sozd.duma.gov.ru/ bill/679381-7 (date accessed: 15.10.2021).
Meeting of the Council for the Development of Civil Society and Human Rights. URL: http://www.kremlin.ru/events/president/news/59374 (date accessed: 15.10.2021).
The HRC will ask for the return of the electoral deposit. URL: http://iz.ru/news/589762 (date of access: 15.10.2021).
The CEC of Russia held a round table on improving electoral legislation. URL: http://www.cikrf.ru/news/cec/ 23449/ (date of access: 15.10.2021).

elections, head of the federal subject of Russian, support for the nomination of a candidate, a list of support for the nomination of a candidate, a municipal deputy, the head of a municipality, passive suffrage.